Victorian Consolidated Legislation

Swinburne University of Technology Act 1992 - SECT 57

PART 9 MERGER

University to be successor in law of Swinburne Institute

57. University to be successor in law of Swinburne Institute



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

   (a)  the University is the successor in law of the Swinburne Institute; and

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

   (c)  all contracts, deeds, bonds, agreements, arrangements, guarantees and
        other instruments (except contracts, agreements or arrangements
        relating to the members of staff of the Swinburne Institute) made or
        entered into by, on behalf of, or in relation to the Swinburne
        Institute 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 University; and

   (d)  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 Swinburne Institute have effect as if they were actions, claims,
        arbitrations, applications and proceedings by, against, or in relation
        to the University, and may be continued and completed accordingly; and

   (e)  any permit, licence or authority of any kind whatsoever issued or
        granted to the Swinburne Institute or the Swinburne company by or
        under any Act continues to operate, despite anything in this Act, in
        favour of the University in the same way and to the same extent as it
        operated in favour of the Swinburne Institute or the Swinburne
        company; and

   (f)  unless the contrary intention appears, a reference to the Swinburne
        Institute or to the Swinburne council is deemed to be a reference to
        the University 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

   (g)  all records and documents of the Swinburne Institute become the
        property of the University.