Victorian Consolidated Legislation

Swinburne University of Technology Act 1992 - SECT 58

Transfer of assets and liabilities of Prahran College

58. Transfer of assets and liabilities of Prahran College



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

   (a)  Prahran College and its council is dissolved and the University is the
        successor in law of that College and its council;





   (b)  the assets and rights of Prahran College or its council vest in the
        University; and

   (c)  the liabilities and obligations of Prahran College or its council
        become liabilities or obligations of the University; and

   (d)  any scholarship, prize or bursary of a continuing nature administered
        by Prahran College or its council and existing immediately before the
        appointed day 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 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 Prahran College) made or entered
        into by, on behalf of, or in relation to Prahran 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
        University; and

   (f)  all actions, claims, arbitrations and other proceedings (including
        proceedings on appeal or review) pending or existing immediately
        before the appointed day by, against, or in relation to Prahran
        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





   (g)  any permit, licence or authority of any kind whatsoever issued or
        granted to Prahran College 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 Prahran
        College; and

   (h)  unless the contrary intention appears, a reference to-

   (i)  the Prahran College; or

   (ii) the council of the Prahran College; or

   (iii) the academic board of the Prahran College-

is deemed to be a reference to the University if the reference-

   (iv) 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 document whatever; and

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

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