Victorian Consolidated Legislation

Melbourne University (Hawthorn) Act 1991 - SECT 4

PART 2 MERGER

Transfer of assets and liabilities of the Hawthorn Institute

4. Transfer of assets and liabilities of the Hawthorn Institute



Subject to this Act, on and from the appointed day-

   (a)  the Hawthorn Institute and its Council are dissolved and the Hawthorn
        Company is the successor in law of the Hawthorn Institute and its
        Council; and

   (b)  the assets and rights of the Hawthorn Institute or its Council vest in
        the Hawthorn Company; and

   (c)  the liabilities and obligations of the Hawthorn Institute or its
        Council become liabilities or obligations of the Hawthorn Company; and

   (d)  any scholarship, prize or bursary of a continuing nature administered
        by the Hawthorn Institute or its Council and existing immediately
        before the appointed day shall be administered by the Hawthorn
        Company, but otherwise in accordance with the terms and conditions to
        which it was subject immediately before the appointed day; and

   (e)  all contracts, deeds, bonds, agreements, arrangements, guarantees and
        other instruments (except contracts, agreements or arrangements
        relating to the members of staff of the Hawthorn Institute) made or
        entered into by, on behalf of, or in relation to the Hawthorn
        Institute or its Council and in force immediately before the appointed
        day have effect as if made or entered into by, on behalf of, or in
        relation to, the Hawthorn Company; and

   (f)  all actions, claims, arbitrations, applications and other proceedings
        (including proceedings on appeal or review) pending or existing
        immediately before the appointed day by, against, or in relation to
        the Hawthorn Institute or its Council have effect as if they were
        proceedings by, against, or in relation to the Hawthorn Company, and
        may be continued and completed accordingly; and

   (g)  any permit, licence or authority of any kind whatsoever issued or
        granted to the Hawthorn Institute or its Council by or under any Act
        continues to operate, despite anything in this Act, in favour of the
        Hawthorn Company in the same way and to the same extent as it operated
        in favour of the Hawthorn Institute or its Council; and

   (h)  unless the contrary intention appears, a reference to the Hawthorn
        Institute or to the Council of the Hawthorn Institute is deemed to be
        a reference to the Hawthorn Company if the reference-

   (i)  is in an Act, other than this Act, a subordinate instrument within the
        meaning of the Interpretation of Legislation Act 1984, a judgment or
        order or any other document whatever; and

   (ii) is in relation to a period occurring on or after the appointed day;
        and

        (i)    all records and documents of the Hawthorn Institute or its
               Council become the property of the Hawthorn Company.