Victorian Consolidated Legislation

La Trobe University Act 1964 - SECT 45

Transitional-members of Council

45. Transitional-members of Council

Section 8(1B) does not apply to a member of the Council appointed or elected
before the commencement of section 21 of the Higher Education Acts (Amendment)
Act 2005 with respect to that appointment or election but does apply to that
member in relation to any further appointment or election to the Council after
that date. __________________

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ENDNOTES

1. General Information The La Trobe University Act 1964 was assented to on 9
December 1964 and came into operation on 9 December 1964 (except section 26);
section 26 on 16 August 1978: Government Gazette 16 August 1978 page 2692. 2.
Table of Amendments This Version incorporates amendments made to the
La Trobe University Act 1964 by Acts and subordinate instruments.
-------------------------------------------------------------
Decimal Currency Act 1965, No. 7315/1965 Assent Date: 30.11.65 Commencement
Date: 30.11.65 Current State: All of Act in operation Universities (Amendment)
Act 1965, No. 7362/1965 Assent Date: 21.12.65 Commencement Date: 21.12.65
Current State: All of Act in operation Education and Teaching Service
(Amendment) Act 1967, No. 7533/1967 Assent Date: 17.3.67 Commencement Date:
17.3.67 Current State: All of Act in operation La Trobe University (Amendment)
Act 1968, No. 7669/1968 Assent Date: 9.4.68 Commencement Date: 9.4.68 Current
State: All of Act in operation La Trobe University (Amendment) Act 1970, No.
7942/1970 Assent Date: 24.3.70 Commencement Date: 1.6.70: Government Gazette
25.5.70 p. 1468 Current State: All of Act in operation Educational Lands Act
1973, No. 8485/1973 Assent Date: 27.11.73 Commencement Date: 27.11.73 Current
State: All of Act in operation La Trobe University (Amendment) Act 1975, No.
8820/1975 Assent Date: 9.12.75 Commencement Date: 9.12.75 Current State: All
of Act in operation La Trobe University (Amendment) Act 1977, No. 9029/1977
Assent Date: 18.10.77 Commencement Date: 18.10.77 Current State: All of Act in
operation Crown Land (Reserves) Act 1978, No. 9212/1978 Assent Date: 19.12.78
Commencement Date: 1.3.79: Government Gazette 21.2.79 p. 441 Current State:
All of Act in operation



Public Account (Trust Funds) Act 1982, No. 9861/1982 Assent Date: 5.1.83
Commencement Date: 12.1.83: Government Gazette 12.1.83 p. 81 Current State:
All of Act in operation La Trobe University (Amendment) Act 1986, No. 18/1986
Assent Date: 22.4.86 Commencement Date: 20.5.86: s. 2 Current State: All of
Act in operation Land Acquisition and Compensation Act 1986, No. 121/1986
Assent Date: 23.12.86 Commencement Date: 29.11.87: Government Gazette 25.11.87
p. 3224 Current State: All of Act in operation La Trobe University (Amendment)
Act 1987, No. 87/1987 Endnotes Assent Date: 1.12.87 Commencement Date: 1.1.88:
s. 2 Current State: All of Act in operation
La Trobe University (Bendigo and Wodonga) Act 1990, No. 91/1990 Assent Date:
18.12.90 Commencement Date: 22.1.91: Special Gazette (No. 7) 22.1.91 p. 1
Current State: All of Act in operation La Trobe University (Amendment) Act
1993, No. 68/1993 Assent Date: 5.10.93 Commencement Date: 1.1.94: s. 2 Current
State: All of Act in operation Financial Management (Consequential Amendments)
Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: Ss 1, 2 on
31.5.94: s. 3; Sch. 1 (except item 60) on 7.7.94: Government Gazette 7.7.94 p.
1878- see Interpretation of Legislation Act 1984; s. 4, Sch. 2 on 1.1.95:
Government Gazette 28.7.94 p. 2055 Current State: All of Act in operation
University Acts (Further Amendment) Act 1995, No. 70/1995 Assent Date:
17.10.95 Commencement Date: Ss 20-32 on 1.11.95: Special Gazette (No. 109)
1.11.95 p. 1 Current State: This information relates only to the provision/s
amending the La Trobe University Act 1964 Trustee and Trustee Companies
(Amendment) Act 1995, No. 104/1995 Assent Date: 5.12.95 Commencement Date:
1.1.96: s. 2 Current State: All of Act in operation





University Acts (Amendment) Act 1996, No. 57/1996 Assent Date: 10.12.96
Commencement Date: All of Act (except Pts 2, 3) on 10.12.96: s. 2(1); Pts 2, 3
(ss 3-19) on 1.1.97: s. 2(2) Current State: All of Act in operation University
Acts (Further Amendment) Act 1997, No. 70/1997 Assent Date: 18.11.97
Commencement Date: Ss 13-23 on 1.1.98: s. 2(2) Current State: This information
relates only to the provision/s amending the La Trobe University Act 1964
Audit (Amendment) Act 1997, No. 93/1997 Endnotes Assent Date: 16.12.97
Commencement Date: S. 28(Sch. items 17.1, 17.2) on 1.7.98: s. 2(2) Current
State: This information relates only to the provision/s amending the
La Trobe University Act 1964 Audit (Amendment) Act 1999, No. 53/1999 Assent
Date: 14.12.99 Commencement Date: S. 26(Sch. item 14) on 1.1.00: Government
Gazette 23.12.99 p. 2764 Current State: This information relates only to the
provision/s amending the La Trobe University Act 1964 Statute Law Amendment
(Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date:
8.5.01 Commencement Date: S. 3(Sch. item 38) on 1.6.01: s. 2(2) Current State:
This information relates only to the provision/s amending the
La Trobe University Act 1964 Corporations (Consequential Amendments) Act 2001,
No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 69) on
15.7.01: s. 2 Current State: This information relates only to the provision/s
amending the La Trobe University Act 1964 University Acts (Amendment) Act
2003, No. 26/2003 Assent Date: 13.5.03 Commencement Date: Ss 10-16 on 1.7.03:
Government Gazette 26.6.03 p. 1548 Current State: This information relates
only to the provision/s amending the La Trobe University Act 1964 Higher
Education Acts (Amendment) Act 2005, No. 40/2005 Assent Date: 27.7.05
Commencement Date: Ss 19-30 on 31.8.05: s. 2(2) Current State: This
information relates only to the provision/s amending the
La Trobe University Act 1964
------------------------------------------------------------- 3. Explanatory
Details

1 S. 23(4): Section 4 of the La Trobe University (Amendment) Act 1987, No.
87/1987 reads as follows:
4. Transitional provisions

(1) On 1 January 1988 by reason of this section-

   (a)  the Council of Lincoln Institute of Health Sciences established by
        Order in Council on 19 December 1972 is dissolved and the members go
        out of office;

   (b)  La Trobe University is the successor in law of the Council of Lincoln
        Institute of Health Sciences;

   (c)  all rights, property and assets of the Council of Lincoln Institute of
        Health Sciences that immediately before 1 January 1988 were vested in
        the Council vest in La Trobe University;

   (d)  every donation, gift, disposition and trust of property including
        money lawfully made or declared or deemed to have been made or
        declared before on or after 1 January 1988 by deed, will or otherwise
        to or in favour of Lincoln Institute of Health Sciences or the Council
        of Lincoln Institute of Health Sciences or for the use or purposes of
        the Institute or Council takes effect as if it had in respect of each
        particular item of property contained in the donation, gift,
        disposition or trust been made or declared to or in favour of
        La Trobe University;

   (e)  all duties, debts, liabilities and obligations of the Council of
        Lincoln Institute of Health Sciences existing immediately before 1
        January 1988 become duties, debts, liabilities and obligations of
        La Trobe University;

   (f)  La Trobe University is substituted as a party to any proceedings
        pending in any court to which the Council of Lincoln Institute of
        Health Sciences was a party immediately before 1 January 1988;

   (g)  La Trobe University is substituted as a party to any arrangement or
        agreement or contract entered into by or on behalf of the Council of
        Lincoln Institute of Health Sciences as a party and in force
        immediately before 1 January 1988;

   (h)  La Trobe University assumes responsibility for all functions of the
        Council of Lincoln Institute of Health Sciences existing immediately
        before 1 January 1988;

   (i)  all acts, matters and things of a continuing nature made, done or
        commenced by or on behalf of Lincoln Institute of Health Sciences or
        the Council of Lincoln Institute of Health Sciences before 1 January
        1988 which are of any force or effect or capable of acquiring any
        force or effect are deemed to be made done or commenced by or in
        relation to or on behalf of La Trobe University and to have effect and
        be continued and completed by or on behalf of or in relation to
        La Trobe University accordingly;

   (j)  a person who was a member of staff employed by the Council of Lincoln
        Institute of Health Sciences immediately before 1 January 1988 is
        entitled to be appointed with effect from 1 January 1988 to become a
        member of staff employed by La Trobe University with terms and
        conditions of employment no less favourable than those upon which that
        person was employed immediately before 1 January 1988 and with the
        benefit of all rights accrued immediately before 1 January 1988;

   (k)  a person whose services were made use of by the Council of Lincoln
        Institute of Health Sciences immediately before 1 January 1988 is to
        continue to have those services made use of by La Trobe University;

   (l)  any person who immediately before 1 January 1988 was an officer within
        the meaning of the Superannuation Act 1958 or the Hospitals
        Superannuation Act 1965 or any corresponding previous enactment and is
        transferred to the service or employment of La Trobe University by
        this Act is deemed to continue, subject to the Superannuation Act 1958
        and the Hospitals Superannuation Act 1965 respectively, to be an
        officer under the respective Act while that person continues in that
        service or employment;

   (m)  all records and documents of Lincoln Institute of Health Sciences are
        transferred to and become the property of La Trobe University;

   (n)  any reference to the Council of Lincoln Institute of Health Sciences
        or Lincoln Institute of Health Sciences in an Act or a subordinate
        instrument or any other document shall, so far as it relates to any
        period after 1 January 1988, unless the contrary intention appears and
        subject to this Act, be construed as a reference to
        La Trobe University.

(2) Any student of Lincoln Institute of Health Sciences who was enrolled at
the Institute during 1987 and who before 30 June 1988 completed the
requirements of the Institute for the award of any degree, diploma or
certificate shall be awarded the appropriate degree, diploma or certificate by
the Council of Lincoln Institute of Health Sciences and for these purposes the
Council of Lincoln Institute of Health Sciences and the Director and Registrar
of Lincoln Institute of Health Sciences shall continue to carry out their
powers and functions under the Post-Secondary Education Act 1978 as if this
Act had not been enacted.

(3) Despite anything in section 26 of the La Trobe University Act 1964 any
person who was awarded a degree or diploma by the Council of Lincoln Institute
of Health Sciences after 1 January 1973 is entitled to be registered as a
member of Convocation of La Trobe University under that section subject to any
Statutes of La Trobe University made for or with respect to that registration.

(4) Any regulations made by the Council of Lincoln Institute of Health
Sciences which were in operation immediately before 1 January 1988 continue in
operation as if they had been made as Statutes under the
La Trobe University Act 1964 and may be amended or revoked by Statutes made
under that Act.

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La Trobe University Act 1964 No. 7189 of 1964