Victorian Consolidated Legislation

Monash University (Chisholm and Gippsland) Act 1990 - SECT 4

PART 2 MERGER

Transfer of Chisholm and Gippsland assets and liabilities

4. Transfer of Chisholm and Gippsland assets and liabilities



Subject to this Act, on and from the Appointed Day-

   (a)  each Merging Institute and its Council is dissolved and Monash is the
        successor in law of the Merging Institute and its Council; and

   (b)  the assets and rights of each Merging Institute or its Council vest in
        Monash; and

   (c)  the liabilities and obligations of each Merging Institute or its
        Council become liabilities or obligations of Monash; and

   (d)  any scholarship, prize or bursary of a continuing nature administered
        by a Merging Institute or its Council and existing immediately before
        the Appointed Day shall be administered by Monash as if it were a
        scholarship, prize or bursary of Monash, 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 a Merging Institute) made or
        entered into by, on behalf of, or in relation to a Merging 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
        Monash; 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 a
        Merging Institute or its Council have effect as if they were
        proceedings by, against, or in relation to Monash, and may be
        continued and completed accordingly; and

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

   (h)  unless the contrary intention appears, a reference to a Merging
        Institute or to the Council of a Merging Institute is deemed to be a
        reference to Monash 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 each Merging Institute or its
               Council become the property of Monash.