Victorian Consolidated Legislation

Melbourne College of Advanced Education (Amalgamation) Act 1988 - SECT 4

Transfer of College assets and liabilities

4. Transfer of College assets and liabilities



(1) Subject to section 5, on and from the date of commencement of this Act-

   (a)  the College is dissolved and the University is its successor in law;
        and

   (b)  the members of the Council of the College go out of office and the
        University is the successor in law of the Council; and

   (c)  the members of-

   (i)  the Academic Board; and

   (ii) the Board of Studies (Institute of Early Childhood Development)-

under the Melbourne College of Advanced Education Act 1982 go out of office;
and

   (d)  the assets of the College vest in the University; and

   (e)  the liabilities of the College become liabilities of the University;
        and

   (f)  any scholarship, prize or bursary of a continuing nature administered
        by the College or its Council existing immediately before the date of
        commencement of this Act shall be administered by the University as if
        it were a scholarship, prize or bursary of the University, but
        otherwise in accordance with the terms and conditions to which it was
        subject immediately before that date of commencement; and

   (g)  all contracts, deeds, bonds, agreements, arrangements, guarantees and
        other instruments (except contracts, agreements or arrangements
        relating to the members of staff of the College) made or entered into
        by, on behalf of, or in relation to the College or its Council and in
        force immediately before the date of commencement of this Act have
        effect as if made or entered into by, on behalf of, or in relation to
        the University; and

   (h)  all actions, claims, arbitrations and other proceedings (including
        proceedings on appeal or review) pending or existing immediately
        before the date of commencement of this Act by, against, or in
        relation to the College or its Council have effect as if they were
        proceedings by, against or in relation to the University, and may be
        continued and completed accordingly; and





        (i)    in-

   (i)  an Act other than this Act; or

   (ii) a subordinate instrument within the meaning of the
        Interpretation of Legislation Act 1984; or

   (iii) a judgment or order; or

   (iv) any document whatever- in relation to a period occurring on or after
        the date of commencement of this Act and unless the contrary intention
        appears, a reference-

   (v)  to the College; or

   (vi) to the Council of the College; or

   (vii) to the Board of Studies (Institute of Early Childhood Development);
        or

   (viii) to the Academic Board of the College-

is deemed to be a reference to the University; and

   (j)  all records and documents of the College or its Council become the
        property of the University.

(2) If-

   (a)  before or after the date of commencement of this Act-

   (i)  a gift, disposition or trust of property is made or declared or is
        deemed to have been made or declared; or

   (ii) a trust fund is created- (whether by deed will or otherwise) to, in
        favour of, for the use of, or for the purposes of, the College; and

   (b)  the gift, trust disposition, or trust fund takes effect, or may take
        effect, or the trust fund may be applied, on or after the date of
        commencement of this Act-

the gift, disposition trust or trust fund does not fail only because of the
provisions of this Act, but, in relation to any matter occurring on or after
the date of commencement of this Act-

   (c)  in the case of a gift, disposition or trust of property, takes effect
        as if made or declared to or in favour of the University for a purpose
        of the University that corresponds with, or is similar to, those
        purposes of the College for which it was made or declared; or

   (d)  in the case of a trust fund, may be applied as if created in favour of
        the University for a purpose of the University that corresponds with,
        or is similar to, those purposes of the College for which the fund was
        created.