Victorian Consolidated Legislation

Swinburne University of Technology Act 1992 - SECT 60

Certain land to vest in the University4

60. Certain land to vest in the University4



(1) In this section, transfer day means the earlier of-

   (a)  30 June 1994 or, if the Governor in Council, by Order published in the
        Government Gazette declares a later date for the purposes of this
        section, that date; and

   (b)  if the Minister, by order published in the Government Gazette,
        declares an earlier day to be the transfer day, that day.

(2) Subject to this section, on the transfer day, the land described in
Parts 1 and 2 of the Schedule (together with any appurtenant rights but
excluding the land described in Book 722 Number 246) vests, by force of this
section, in fee simple in the University subject to the conditions, covenants,
easements, leases, encumbrances, limitations, exceptions, reservations and
restrictions to which the land was subject immediately before its vesting
under this section.

(3) Folios of the Register Volume 3799 Folio 703, Volume 6862 Folio 273, and
Volume 6862 Folio 274 and any Crown grant from which they are derived have
effect on and from the transfer day as if they did not include-

   (a)  any reservations, conditions, provisions, declarations or restrictions
        which, by virtue of the Crown Grants (Removal of Conditions) Act 1972,
        are void; and

   (b)  any reference to any of those reservations, conditions, provisions,
        declarations or restrictions.

(4) On the transfer day the land in Folios of the Register Volume 6862 Folio
273 and Volume 6862 Folio 274 is subject, by force of this section, to a
reservation to the Minister administering the Post-Secondary Eduction Act 1978
of a right to use, or permit the use, for the purposes of technical and
further education of any parts of that land that the Minister from time to
time declares, by notice published in the Government Gazette, are required for
those purposes.

(5) No compensation is payable by the Crown or the University in respect of
anything done under or arising out of this section.