Version No. 002
MelbourneUniversity (VCAH) Act 1992
No. 52 of 1992
Version incorporating amendments as at 1 July 2007
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purpose
2.Commencement
3.Definitions
Part 2—Merger
4.Transfer of assets and liabilities of the College
5.Gifts, trusts etc.
6.Staff of the College
7.Students of the College
8.Awards of the Company
9.Reports
10.Indemnity of former members of Council of the College
11.Certain land used by the College to be granted to Melbourne
12.Certain land used by the College to vest in the Company
13.McMillan campus
14.Amendment of Register etc.
15.Regulations of the College
16.Powers of the College
17.Revocation of Order in Council
18.Supreme Court—limitation of jurisdiction
Part 3—Consequential Amendment
19.Amendment of Vocational Education and Training Act 1990
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SCHEDULE
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 002
MelbourneUniversity (VCAH) Act 1992
No. 52 of 1992
Version incorporating amendments as at 1 July 2007
1
MelbourneUniversity (VCAH) Act 1992
No. 52 of 1992
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purpose
The purpose of this Act is to provide for the merger of the Victorian College of Agriculture and Horticulture with Victorian College of Agriculture and Horticulture Limited and for the affiliation of the Company with the University of Melbourne.
2.Commencement
(1)Part 1 comes 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 or days to be proclaimed.
3.Definitions
In this Act—
"appointed day"—
(a)for the purposes of section 11(4) (insofar as it relates to the land in clause 1 of Part 1 of the Schedule) and section 11(8)(a), means a day appointed by the Governor in Council by notice published in the Government Gazette;
(b)for the purposes of section 11(4) (insofar as it relates to the land in clauses 2 to 5, 7 and 8 of Part 1 of the Schedule) and section 11(8)(b), means a day appointed by the Governor in Council by notice published in the Government Gazette;
(c)for the purposes of all other provisions of this Act, means 1 July 1992;
s. 3
S. 3 def. of "award course" amended by No. 24/2006 s.6.1.2(Sch. 7 item 28).
"award course" means a course (other than a course in technical and further education within the meaning of the Education and Training Reform Act 2006 at the College or the Company which is approved as an award course by the academic board of Melbourne;
"College" means the Victorian College of Agriculture and Horticulture;
"Company" means the Victorian College of Agriculture and Horticulture Limited;
"Melbourne" means the University of Melbourne.
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Part 2—Merger
4.Transfer of assets and liabilities of the College
s. 4
Subject to this Act, on and from the appointed day—
(a)the College and its Council are dissolved and the Company is the successor in law of the College and its Council; and
(b)the assets and rights of the College or its Council vest in the Company; and
(c)the liabilities and obligations of the College or its Council become liabilities or obligations of the Company; and
(d)any scholarship, prize or bursary of a continuing nature administered by the College or its Council and existing immediately before the appointed day shall be administered by the Company, 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 the College) made or entered into by, on behalf of, or in relation to the 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 Company; 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 the College or its Council have effect as if they were actions, claims, arbitrations, applications and proceedings by, against, or in relation to the Company, and may be continued and completed accordingly; and
(g)any permit, licence or authority of any kind whatsoever issued or granted to the College or its Council by or under any Act continues to operate, despite anything in this Act, in favour of the Company in the same way and to the same extent as it operated in favour of the College or its Council; and
(h)unless the contrary intention appears, a reference to the College or to the Council of the College is deemed to be a reference to the Company 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 the College or its Council become the property of the Company.
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, the 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 the Company for a purpose of the Company that corresponds with, or is similar to, those purposes of the 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 the Company for a purpose of the Company that corresponds with, or is similar to, those purposes of the College for which the fund was created.
6.Staff of the College
s. 6
(1)On the appointed day, a person who, immediately before that day, was a member of the staff employed by the College or its Council, becomes a member of the staff of the Company.
(2)A person who becomes a member of the staff of the Company under sub-section (1)—
(a)is a member of the staff of the Company with remuneration no less than the person was receiving or was entitled to receive as a member of the staff of the College immediately before the appointed day, and on terms and conditions no less favourable than those of the person's appointment at the College; and
(b)continues to have the benefit of all entitlements (including all entitlements arising from recognition of prior service with other bodies), whether arising from a contract of employment or otherwise, accrued in respect of the person's appointment at the College before the appointed day.
(3)A person transferred under sub-section (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 the Company.
7.Students of the College
s. 7
(1)On the appointed day, a person who was a student of the College enrolled in a course which on and after that day is an award course, becomes a student of Melbourne, and a person who was a student of the College enrolled in any other course, becomes a student of the Company.
(2)A person who, immediately before the appointed day, was entitled to enrol as a student of the College—
(a)in an award course is entitled to apply for enrolment as a student of Melbourne; or
(b)in a course other than an award course is entitled to apply for enrolment as a student of the Company—
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 the College.
(3)Despite anything to the contrary in the MelbourneUniversity Act 1958—
(a)statutes or regulations made under that Act by the Council of Melbourne may authorise the Council, at the request of a person who was a student of the College before the appointed day and who enrolled in an award course before the appointed day to confer on the student on or before 31 December 1993, 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 "Victorian College of Agriculture and Horticulture"; and
(b)the powers of the Council of Melbourne under section 19 of that Act extend to the conferring of any award on a person who becomes an enrolled student of Melbourne by reason of sub-section (1) that the College might have conferred on the person if this Act had not been enacted; and
s. 7
(c)a person who holds a degree, diploma or certificate of the College or the Company is entitled to the same benefits and privileges at Melbourne as are enjoyed by persons holding degrees, diplomas or certificates of Melbourne, as if the degree, diploma or certificate of the College were a degree, diploma or certificate of Melbourne.
(4)If a person was, before the appointed day, entitled to a degree, diploma, certificate or other award of the College that had not been conferred or granted, the degree, diploma, certificate or award must be granted by the Council of Melbourne and, for that purpose, the Council of Melbourne may exercise in the name of the College any power that the Council of the College might have exercised before the appointed day in respect of that degree, diploma, certificate or award.
8.Awards of the Company
s. 8
The Company may, after appropriate assessment, grant any diploma, certificate or other award in respect of a course of study that is not an award course.
9.Reports
The Company must prepare such annual or other reports, including financial reports as are prescribed by the Council of Melbourne and must submit such reports to the Council as prescribed by the Council.
10.Indemnity of former members of Council of the College
A person who, immediately before the appointed day, was a member of the Council of the College, is entitled to be indemnified by the Company in respect of any personal liability arising out of the bona fide execution of the duties, powers, authorities and discretions conferred or imposed on the person as a member of the Council to the same extent and in the same circumstances as the person was entitled to be indemnified out of the assets of the College before the appointed day.
11.Certain land used by the College to be granted to Melbourne
(1)The Governor in Council, by Order published in the Government Gazette, may approve a plan of survey, signed by the Surveyor-General, of land being part of the land described in clause 6 of Part1 of the Schedule, other than the land bordered in red on the plan lodged in the Central Plan Office and bearing the identifying reference LEGL 91/47 or that land as nearly as practicable.
(2)Despite anything to the contrary in any Act or law, on the date of publication of the Order in the Government Gazette the land in the plan of survey is deemed to be unalienated land of the Crown and, subject to this section, is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.
(3)As soon as practicable after the date of publication of the Order in the Government Gazette, the Governor in Council shall grant the land in the plan of survey to Melbourne for an estate in fee simple.
(4)[1]On the appointed day—
(a)despite anything to the contrary in any Act or law, the land described in clauses 1 to 5, 7 and 8 of Part 1 of the Schedule is deemed to be unalienated land of the Crown and, subject to this section, is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests;
s. 11
(b)any Order in Council reserving or purporting to reserve that land and specified in clauses 1 to 5, 7 and 8 of Part 1 of the Schedule is revoked to the extent that it applies to that land.
(5)The revocation of a reservation by this section does not affect any demise under Part III of the Land Act 1958 existing immediately before the appointed day.
(6)If land subject to a demise mentioned in sub-section (5) is granted to Melbourne, section 273(3) and (4) of the Land Act 1958 cease to apply to that land and section 273(1) and (2) apply as if they referred to Melbourne instead of the Minister.
(7)The revocation of any reservation under this section and any grant made under this section do not affect the continuity of any licence existing over any land to which the revocation or grant applies, being a licence granted by the College or any of its predecessors in law.
(8)[2]The Governor in Council, on behalf of the Crown—
(a)shall as soon as practicable after the appointed day grant the land in clause 1 of Part 1 of the Schedule to Melbourne for an estate in fee simple; and
(b)shall as soon as practicable after the appointed day grant the land in clauses 2 to 5, 7 and 8 in that Part to Melbourne for an estate in fee simple.
(9)A Crown grant under this section—
s. 11
(a)may adjust the boundaries of the land described in Part 1 of the Schedule in any respect in order to overcome any defect found on survey; and
(b)must include the condition that the land in the grant must be used for agricultural education or for some other purpose approved by the Minister in accordance with sub-section (10); and
(c)may be made subject to any other terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine.
(10)Part of the land in a Crown grant under this section may with the approval of the Minister be used for purposes other than agricultural education but so that at all times the main use of the land in the grant is agricultural education.
(11)If before the appointed day an Order has been made under section 14(3) of the Land (Further Miscellaneous Matters) Act 1990, then on and from the appointed day Part 1 of the Schedule has effect as if in clause 2 after "1964" there were inserted "and the land described in items 2 and 3 of Schedule 5 of the Land (Further Miscellaneous Matters) Act 1990".
(12)Despite anything in this section or in any Crown grant under this section, the rights of entry and use over the land described in item 1 of Schedule 5 of the Land (Further Miscellaneous Matters) Act 1990 and mentioned in sections 13 and 14(4)(b) of that Act continue.
(13)If an Order under section 14(3) of the Land (Further Miscellaneous Matters) Act 1990 has not been made on the appointed day, then on the appointed day that Act is amended as follows—
s. 11
(a)for section 14(3)(a) substitute—
"(a)declare that the land specified in item 2 of Schedule 5 is unalienated land of the Crown; and";
(b)in section 14(4)(a) for "the land specified in item 2 of Schedule 5" substitute "any Crown grant of the land specified in item 2 of Schedule 5 is revoked to the extent that it applies to the land specified in that item and the land specified in that item".
(14)[3]Until the land described in Part 1 of the Schedule is granted under this section, the Company (as the successor in law of the College) may continue to exercise over the land any right of use or management that the College may have under the VictorianCollege of Agriculture and Horticulture Act 1982.
(15)No compensation is payable by the Crown or Melbourne in respect of anything done under or arising out of this section.
12.Certain land used by the College to vest in the Company
s. 12
(1)On the appointed day, the land described in Part 2 of the Schedule vests in fee simple in the Company, subject to the conditions, covenants, mortgages, easements, encumbrances, limitations, exceptions, reservations and restrictions to which the land was subject immediately before its vesting under this section.
(2)On and from the appointed day mortgage No.N702427K over land in Folio of the Register Volume 9792 Folio 630 has effect as if—
(a)the rights and obligations of the mortgagor under the mortgage had been assigned to the Company with the mortgagee's written consent; and
(b)any reference in the mortgage or in any document relating to it to the College were a reference to the Company.
(3)No compensation is payable by the College or Melbourne in respect of anything done under or arising out of this section.
13.McMillan campus
(1)As soon as practicable after the date of commencement of this section, the Governor in Council by Order published in the Government Gazette shall revoke the Order in Council specified in Part 3 of the Schedule and the land in respect of which that Order is revoked is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates, and interests.
(2)As soon as practicable after the date of publication of the Order in the Government Gazette, the Governor in Council, on behalf of the Crown, shall grant the land to which an Order under sub-section (1) applies to Melbourne for an estate in fee simple, subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine.
(3)A Crown grant under this section must include the condition that the land in the grant must be used for agricultural education or for some other purpose approved by the Minister in accordance with sub-section (4).
(4)Part of the land in a Crown grant under this section may with the approval of the Minister be used for purposes other than agricultural education but so that at all times the main use of the land in the grant is agricultural education.
(5)No compensation is payable by the Crown or Melbourne in respect of anything done under or arising out of this section.
14.Amendment of Register etc.
s. 14
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.
15.Regulations of the College
s. 15
(1)The regulations of the College in force immediately before the appointed day, to the extent to which they could be made as rules by the Company and are not inconsistent with any rules so made, continue to have effect as if made as rules of the Company.
(2)Regulations continued in force under sub-section (1) may be amended or revoked as if they were rules made by the Company.