Version No. 001
Janet Clarke Hall Act 1961
Act No. 6752/1961
Version incorporating amendments as at 8 August 2000
table of provisions
SectionPage
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SectionPage
1.Short title
2.Provision directing transfer of land and certain trust funds to Janet Clarke Hall
3.Gifts etc. for Janet Clarke Hall and Trinity College
4.Saving with respect to transfers and payments made pursuant to this Act
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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Version No. 001
Janet Clarke Hall Act 1961
Act No. 6752/1961
Version incorporating amendments as at 8 August 2000
An Act to make Provision with respect to the Incorporation of Janet Clarke Hall and the Transfer thereto of Certain Property and Funds, and for other purposes.
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Act No. 6752/1961
Janet Clarke Hall Act 1961
Preamble
WHEREAS Trinity College is a college affiliated to the University of Melbourne:
AND WHEREAS the land upon which Trinity College is erected and which is used in connexion therewith being an area of ten acres and twelve perches or thereabouts and being the land comprised in Crown grant entered in the register book of the Office of Titles, volume 464 column 92719, (hereinafter called the "Trinity College land") and certain property and various trust funds established from time to time in connexion with Trinity College are vested in a corporation with the name of "The Trinity College (Melbourne) Trusts Corporation" formed and registered as a limited company under the Companies Act 1915:
AND WHEREAS Janet Clarke Hall is that part of Trinity College which is devoted to women students:
AND WHEREAS in view of the increase of the number of students at Trinity College it is expedient that Janet Clarke Hall should be separated from Trinity College and should be established as a separate women's residential college affiliated to the University of Melbourne:
AND WHEREAS for that purpose it is proposed that a corporation, to be called "Janet Clarke Hall", should be incorporated pursuant to the Companies Act 1958 as a company limited by guarantee and that the affairs of Janet Clarke Hall should be managed by a Council constituted as provided in the Articles of Association of the said company:
AND WHEREAS it is expedient that The Trinity College (Melbourne) Trusts Corporation should transfer to Janet Clarke Hall when so incorporated the appropriate part of the Trinity College land and certain of the trust funds hereinbefore referred to and should be further empowered to transfer to Janet Clarke Hall other property moneys and securities vested in the said corporation:
AND WHEREAS the Council of the University of Melbourne has resolved, upon the incorporation of Janet Clarke Hall and upon the transfer thereto of the land and trust funds hereinbefore mentioned, to take the necessary steps for the affiliation of Janet Clarke Hall to the University:
AND WHEREAS it is expedient that further provision be made in respect of the application of certain trust funds and the effect of certain donations gifts trusts and bequests as hereinafter provided:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title
s. 1
This Act may be cited as the Janet Clarke Hall Act 1961.
2.Provision directing transfer of land and certain trust funds to Janet Clarke Hall
s. 2
(1)As soon as practicable after the incorporation of Janet Clarke Hall as a company limited by guarantee The Trinity College (Melbourne) Trusts Corporation—
(a)shall, notwithstanding anything to the contrary in any Act or enactment or the terms of any trust, transfer to Janet Clarke Hall, in consideration of the provisions of this Act, a part (not exceeding two acres) of the hereinbefore recited Trinity College land; and
(b)shall, notwithstanding anything to the contrary in any law or in the terms of any trust, transfer to Janet Clarke Hall, in consideration of the provisions of this Act, all the moneys and securities held by the said corporation as belonging to or forming part of any of the following trust funds, namely:
The Florence Hawdon Chambers Fund
The F. C. Stanbridge Fund
The Sarah Stock Fund
The Mrs. L. L. Lewis Fund
The Grace Maudsley Prize Fund
The Annie Ruth Grice Fund.
(2)In addition The Trinity College (Melbourne) Trusts Corporation may, notwithstanding anything to the contrary in any law or the terms of any trust, transfer to Janet Clarke Hall any other property money or securities vested in it.
S. 2(3) repealed by No. 9281 s.13.
*****
S. 3
substituted by No. 9281 s.13.
3.Gifts etc. for Janet Clarke Hall and Trinity College
s. 3
(1)A donation, gift, disposition or trust of real or personal property made or declared, whether by deed or otherwise, before the 1st day of January, 1974 (whether before or after the commencement of this Act) and a bequest, disposition or trust of real or personal property, under a will, codicil or other testamentary disposition made before that date (whether before or after that commencement and whether or not the testator died before that date or commencement)—
(a)insofar as it specifically relates solely to women staff or students at or in connexion with Trinity College (however expressed), shall take effect, unless it is expressed that it refers to women staff or students at both Trinity College and Janet Clarke Hall, as if a reference in it to Trinity College were a reference to Janet Clarke Hall; and
(b)insofar as it creates a trust fund vested or to be vested in The Trinity College (Melbourne) Trusts Corporation (or in any other trustee or trustees) for the purpose of providing a bursary, scholarship, prize or other emolument or benefit capable of being awarded either to a man or to a woman at or in connexion with Trinity College shall take effect in relation to both Trinity College and Janet Clarke Hall.
(2)Trinity College may, wherever necessary or appropriate to give effect to the provisions of sub-section (1), make proper payments to, or in relation to, Janet Clarke Hall.
(3)Any dispute between Trinity College and Janet Clarke Hall as to the interpretation or operation of this section or of any corresponding previous enactment that cannot be resolved by agreement between Trinity College and Janet Clarke Hall may be referred by the Council of Trinity College or the Council of Janet Clarke Hall after giving not less than one month's notice in writing to the other Council, or may be so referred by both the Council of Trinity College and the Council of Janet Clarke Hall, to the Council of the University of Melbourne.
(4)Where a dispute is referred under sub-section (3) to the Council of the University of Melbourne, that Council shall appoint a single arbitrator to adjudicate upon and settle the dispute and the arbitrator shall proceed under and in accordance with the Arbitration Act 1958 except that the costs and expenses of the arbitration shall be borne by Trinity College and Janet Clarke Hall in equal shares.
(5)Nothing in this section invalidates or otherwise affects any award payment transfer or other transaction relating to a bursary scholarship prize or other emolument or benefit under or pursuant to a donation gift disposition or trust of property referred to in sub-section (1) which has been made or effected before the date of commencement of the Trinity College Act 1979.
s. 3
(6)Subject to this section, a donation gift disposition or trust of real or personal property made or declared whether by deed or otherwise (whether before or after the commencement of the Trinity College Act 1979) and a bequest disposition or trust of real or personal property under a will, codicil or other testamentary disposition (whether made before or after that commencement and whether or not the testator died before that commencement) for the benefit of Trinity College, howsoever described, or its purposes or for the benefit of any staff or student of Trinity College or for the benefit of men or women staff or students at Trinity College or for the benefit of both men and women staff or students at Trinity College, however expressed, shall take effect according to its tenor in relation to Trinity College alone.
4.Saving with respect to transfers and payments made pursuant to this Act
s. 4
Any transfer of land or other property or transfer or payment of money or securities made by The Trinity College (Melbourne) Trusts Corporation to or in relation to Janet Clarke Hall pursuant to and in accordance with any provision of this Act directing or authorizing such transfer or payment shall not be deemed a contravention of any Act or law or to be in breach of any trust, and no person shall be in any manner liable in relation to any transfer or payment so made.
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ENDNOTES
Endnotes
1.General Information
The Janet Clarke Hall Act 1961 was assented to on 18 April 1961 and came into operation on 18 April 1961.
2.Table of Amendments
Endnotes
This Version incorporates amendments made to the Janet Clarke Hall Act 1961 by Acts and subordinate instruments.
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Trinity College Act 1979, No. 9281/1979
Assent Date: / 10.7.79Commencement Date: / 1.9.79: Government Gazette 29.8.79 p. 2679
Current State: / All of Act in operation
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3.Explanatory Details
Endnotes
No entries at date of publication.
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