Version No. 003
Deakin University (Victoria College) Act 1991
No. 41 of 1991
Version incorporating amendments as at 7 December 2007
table of provisions
Section Page
ii
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 1
3 Definitions 1
Part 2—Merger 2
4 Transfer of assets and liabilities of Victoria College 2
5 Gifts, trusts etc. 3
6 Staff of Victoria College 4
7 Students of Victoria College 5
8 Certain land used by Victoria College to vest in Deakin 7
9 Amendment of Register etc. 9
10 Statutes in anticipation of merger 9
11 Regulations of Victoria College 10
12 Powers of Victoria College 10
13 Revocation of Order in Council 11
14 Amendment of Post-Secondary Education Act 1978 11
Part 3—Amendment of Deakin University Act1974 12
15 Principal Act 12
16 Amendment of sections 2 and 5 12
17 Council of Deakin 12
18 Deputy Chancellors 13
19 Amendment of section 34B 13
20 Transitional Council 13
Part 4—Expiry of Act 15
21 Expiry of Act 15
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SCHEDULE 16
PART 1—LAND THAT VESTS IN DEAKIN 16
PART 2—DESCRIPTION OF CROWN LAND THAT VESTS IN DEAKIN 16
PART 3—PLAN OF BENNETSWOOD PRIMARY SCHOOL LANDWHICH DOES NOT VEST IN DEAKIN 17
PART 4—PLAN OF MONASH PRIMARY SCHOOL LAND THATIS NOT TO VEST IN DEAKIN 18
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ENDNOTES 19
1. General Information 19
2. Table of Amendments 20
3. Explanatory Details 21
ii
Version No. 003
Deakin University (Victoria College) Act 1991
No. 41 of 1991
Version incorporating amendments as at 7 December 2007
21
Deakin University (Victoria College) Act 1991
No. 41 of 1991
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to provide for the merger of Victoria College with Deakin University.
2 Commencement
(1) Parts 1 and 4 and section 10 come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into operation on a day to be proclaimed, being a day—
(a) after the making of a statute under section10; and
(b) on or before 1 January 1992.
3 Definitions
In this Act—
Appointed Day means the day on which section 4 comes into operation;
Deakin means Deakin University.
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Part 2—Merger
4 Transfer of assets and liabilities of Victoria College
s. 4
Subject to this Act, on and from the Appointed Day—
(a) Victoria College and its Council are dissolved and Deakin is the successor in law of Victoria College and its Council; and
(b) the assets and rights of Victoria College or its Council vest in Deakin; and
(c) the liabilities and obligations of Victoria College or its Council become liabilities or obligations of Deakin; and
(d) any scholarship, prize or bursary of a continuing nature administered by Victoria College or its Council and existing immediately before the Appointed Day shall be administered by Deakin, 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 Victoria College) made or entered into by, on behalf of, or in relation to Victoria 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 Deakin; 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 Victoria College or its Council have effect as if they were proceedings by, against, or in relation to Deakin, and may be continued and completed accordingly; and
(g) any permit, licence or authority of any kind whatsoever issued or granted to Victoria College or its Council by or under any Act continues to operate, despite anything in this Act, in favour of Deakin in the same way and to the same extent as it operated in favour of Victoria College or its Council; and
(h) unless the contrary intention appears, a reference to Victoria College or to the Council of Victoria College is deemed to be a reference to Deakin 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 Victoria College or its Council become the property of Deakin.
5 Gifts, trusts etc.
s. 5
If—
(a) before or after the Appointed Day—
(i) a gift, disposition or trust of property is made or declared or is deemed to have been made or declared; or
(ii) a trust fund is created—
(whether by deed, will or otherwise) to, in favour of, for the use of, or for the purposes of, Victoria College; and
(b) the gift, disposition, trust or trust fund takes effect, or may take effect, or the trust fund may be applied, on or after the Appointed Day—
the gift, disposition, trust or trust fund does not fail only because of the provisions of this Act, but, in relation to any other matter occurring on or after the Appointed Day—
(c) in the case of a gift, disposition or trust of property, takes effect as if made or declared to or in favour of Deakin for a purpose of Deakin that corresponds with, or is similar to, those purposes of Victoria College for which it was made or declared; or
(d) in the case of a trust fund, may be applied as if created in favour of Deakin for a purpose of Deakin that corresponds with, or is similar to, those purposes of Victoria College for which the fund was created.
6 Staff of Victoria College
s. 6
(1) On the Appointed Day, a person who, immediately before that day, was a member of the staff employed by Victoria College or its Council, becomes a member of the staff of Deakin.
(2) A person who becomes a member of the staff of Deakin under subsection (1)—
(a) is a member of the staff of Deakin with remuneration no less than the person was receiving or was entitled to receive as a member of the staff of Victoria College immediately before the Appointed Day, and on terms and conditions no less favourable than those of the person's appointment at Victoria College; and
(b) continues to have the benefit of all entitlements (including all entitlements arising from recognition of prior service with other bodies) accrued in respect of the person's appointment at Victoria College before the Appointed Day.
(3) A person transferred under subsection (1) who, immediately before the transfer, was an officer within the meaning of the State Superannuation Act 1988, continues, subject to that Act, to be an officer within the meaning of that Act, while he or she continues as a member of staff of Deakin.
7 Students of Victoria College
s. 7
(1) On the Appointed Day, a person who was enrolled as a student of Victoria College immediately before that day, becomes a student of Deakin.
(2) A person who, immediately before the Appointed Day, was entitled to enrol as a student of Victoria College is entitled to apply within the period of 5years after that day for enrolment as a student of Deakin in a course of study that is the same or substantially the same as that in which he or she was entitled to enrol at Victoria College.
(3) Despite anything to the contrary in the Deakin University Act 1974—
(a) statutes or regulations made under that Act by the Council of Deakin may authorise the Council, at the request of a person who becomes a student of Deakin by reason of subsection (1), to confer on the student, subject to and in accordance with the statutes and regulations, a degree, diploma, certificate or other award under a name that includes the title of the award and the words "Victoria College"; and
(b) the powers of the Council of Deakin under section 23 of that Act extend to the conferring of any award on a person who becomes an enrolled student of Deakin by reason of subsection (1) that Victoria College might have conferred on the person if this Act had not been enacted; and
(c) a person who holds a degree, diploma or certificate of Victoria College is entitled to the same benefits and privileges at Deakin as are enjoyed by persons holding degrees, diplomas or certificates of Deakin, as if the degree, diploma or certificate of Victoria College were a degree, diploma or certificate of Deakin.
(4) A person who, immediately before the Appointed Day, was enrolled as a graduate of Victoria College is entitled to the same benefits and privileges as a graduate of Deakin.
s. 7
(5) If a person was, before the Appointed Day, entitled to a degree, diploma, certificate or other award of Victoria College that had not been conferred or granted, the degree, diploma, certificate or award must be granted by the Council of Deakin and, for that purpose, the Council of Deakin may exercise in the name of Victoria College any power that the Council of Victoria College might have exercised before the Appointed Day in respect of that degree, diploma, certificate or award.
(6) A person who, at the Appointed Day, has any right or entitlement to be enrolled as a student of Victoria College has the equivalent right or entitlement to be enrolled as a student of Deakin.
8 Certain land used by Victoria College to vest in Deakin
s. 8
(1) On the Appointed Day, the land for the time being described in the Folios of the Register listed in Part1 and the land described in Part 2 of the Schedule vests in fee simple in Deakin, subject to the conditions, covenants, encumbrances, limitations, exceptions, reservations and restrictions to which the land was subject immediately before its vesting under this subsection.
(2) On the Appointed Day, the Order in Council specified in item 2 of Part 2 of the Schedule is revoked and the land described in that item is deemed to be temporarily reserved under the Crown Land (Reserves) Act 1978 as a site for educational purposes.
(3) The Governor in Council, by Order published in the Government Gazette, may approve a plan of survey, signed by the Surveyor-General, of the land shown hatched on the plan in Part 3 of the Schedule or that land as nearly as practicable.
(4) On the Appointed Day, the land for the time being described in the Register Volume 3562 Folio 345 (excluding the land shown on the plan of survey approved under subsection (3)) vests in fee simple in Deakin, subject to the condition, covenants, encumbrances, limitations, exceptions, reservations and restrictions to which the land was subject immediately before its vesting under this subsection.
(5) The Subdivision Act 1988 does not apply to—
(a) a vesting occurring by force of subsection(4); or
(b) the creation of a Folio of the Register as a result of that vesting—
and section 9AA of the Sale of Land Act 1962 does not apply to the disposal of the remainder of the land in Volume 3562 Folio 345 or the land in a newly created Folio of the Register referred to in paragraph (b).
(6) Subsection (4) does not affect any dealing relating to the land in Volume 3562 Folio 345 lodged but not completed before the Appointed Day, and that dealing may be completed on or after that Appointed Day and given effect to in that Folio of the Register and in any Folio of the Register deriving from it.
(7) The Governor in Council, by Order published in the Government Gazette, may approve a plan of survey, signed by the Surveyor-General, of the land shown hatched on the plan in Part 4 of the Schedule or that land as nearly as practicable.
(8) On the Appointed Day, the land for the time being described in the Register Volume 8648 Folio 726 (excluding the land shown on the plan of survey approved under subsection (7)) vests in fee simple in the University, subject to the conditions, covenants, encumbrances, limitations, exceptions, reservations and restrictions to which the land was subject immediately before its vesting under this subsection.
s. 8
(9) The Subdivision Act 1988 does not apply to—
(a) a vesting occurring by force of subsection (7); or
(b) the creation of a Folio of the Register as a result of that vesting—
and section 9AA of the Sale of Land Act 1962 does not apply to the disposal of the remainder of the land in Volume 8648 Folio 726 or the land in a newly created Folio of the Register referred to in paragraph (b).
(10) No compensation is payable by the Crown in respect of anything done under or arising out of this section.
9 Amendment of Register etc.
s. 9
(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act.
S. 9(2)–(5) repealed by 85/1998 s.24(Sch. item 16).
* * * * *
10 Statutes in anticipation of merger
(1) The Council of Deakin, with the consent of the Council of Victoria College, may make statutes for or with respect to any matter necessary to implement the proposed merger of Victoria College with Deakin.
(2) Without affecting the generality of subsection (1), statutes made under that subsection must make provision for or with respect to administrative arrangements relating to the proposed merger.
(3) The Council of Deakin must not amend—
(a) a statute made under this section; or
(b) a provision of a statute amended by a statute made under this section—