Victorian Consolidated Legislation

Melbourne University (VCAH) Act 1992 - SECT 4

PART 2 MERGER

Transfer of assets and liabilities of the College

4. Transfer of assets and liabilities of the College



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

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

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

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

   (d)  any scholarship, prize or bursary of a continuing nature administered
        by the College or its Council and existing immediately before the
        appointed day shall be administered by the 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 College) made or entered into
        by, on behalf of, or in relation to the College 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 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 College or its Council have effect as if they were actions,
        claims, arbitrations, applications and proceedings by, against, or in
        relation to the Company, and may be continued and completed
        accordingly; and

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

   (h)  unless the contrary intention appears, a reference to the College or
        to the Council of the College is deemed to be a reference to the
        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 College or its Council become
               the property of the Company.