Australian Catholic University (Victoria) Act 1991 (Vic)
Version No. 003
Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
Version incorporating amendments as at 8 February 2008
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purpose
2Commencement
3Definitions
PART 2—AUSTRALIAN CATHOLIC UNIVERSITY
4Awards of the University
5Power to make statutes
6Fines and payment of compensation
7No religious test or political discrimination
8Investment common funds
9Terms of trust to prevail
PART 3—UNIVERSITY AS SUCCESSOR OF THE INSTITUTE
10Transfer of assets and liabilities of the Institute
11Gifts, trusts etc.
12Land used by the Institute
13Amendment of Register etc.
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SCHEDULE
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 003
Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
Version incorporating amendments as at 8 February 2008
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purpose
The purposes of this Act are—
(a)to make further provision relating to the Australian Catholic University Limited, being—
(i)a company within the meaning of the Corporations Law of Victoria[1]; and
(ii)a University within the meaning of the Post-Secondary Education Act 1978; and
(b)to provide for the University to become the successor in law of the Institute of Catholic Education, an institution affiliated to the University.
2Commencement
This Act comes into operation on a day to be proclaimed.
3Definitions
In this Act—
appointed Day means the day on which section 10 comes into operation;
constituent documents in relation to the University, means the constitution of the company within the meaning of the Corporations Act known as the Australian Catholic University Limited, being a company that is taken under that Act to be registered in Victoria;
regulations means regulations under the Statutes;
Senate means the Senate of the University as constituted from time to time in accordance with the constituent documents of the University;
statutes means statutes of the University made by the Senate under this Act;
the Institute means the Institute of Catholic Education;
University means the company taken, under the Corporations Act, to be registered in Victoria under the name Australian Catholic University Limited or under that name as changed from time to time and includes the Australian Catholic University operated by that company;
Vice-Chancellor has the same meaning as in the constituent documents of the University.
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PART 2—AUSTRALIAN CATHOLIC UNIVERSITY
4Awards of the University
(1)Subject to the statutes and regulations, the Senate may, after appropriate assessment, confer any degree or grant any diploma, certificate or other award.
(2)The statutes may provide—
(a)for the admission without examination to any degree, diploma, certificate or other award of any person who has graduated at any other University; and
(b)for the admission honoris causa to any degree, diploma, certificate of other award of any person whether or not the person has graduated at a University.
(3)The persons on whom degrees are conferred or diplomas, certificates or other awards granted under subsection (2) are entitled to the same rights and privileges as those to which persons who have graduated after appropriate assessment in the University are entitled.
(4)All degrees conferred and diplomas, certificates and other awards granted by the University must be evidenced by a certificate given under the common seal of the University.
(5)If the statutes so provide, the Senate may, in prescribed circumstances and in the manner prescribed, revoke any degree, diploma, certificate or other award conferred or granted by the University.
5Power to make statutes
(1)Subject to this Act, the Senate may make statutes for or with respect to all matters relating to the organisation, management and good government of the University and in particular, without affecting the generality of the foregoing, for or with respect to—
(a)the discipline of the University;
(b)the imposition of fines for, or determining compensation payable for damage arising from, breaches of the discipline of the University.
(2)The Senate may, by a later statute, revoke or amend any statute.
(3)Any statute made by the Senate may provide for—
(a)the making of regulations, either by the Senate or, if the statutes so authorise, by the Vice-Chancellor for or with respect to prescribing or providing for any matter or thing for the purpose of the statute;
(b)the manner of promulgation of any such regulation;
(c)the revocation or amendment of any such regulation.
(4)A statute made by the Senate under this Act—
(a)must be in writing; and
(b)must have the common seal of the University affixed.
(5)A statute comes into operation on the day on which it is made or, if a later day is specified in the statute, from that later day.
(6)The production of a verified copy of a statute under the common seal of the University is sufficient evidence of its making and authenticity in all courts and before all persons acting judicially.
(7)A regulation made under a statute comes into operation on the day on which it is promulgated in accordance with the statute under which it is made or, if a later day is specified in the regulation, from that later day.
(8)The production of a verified copy of a regulation under the common seal of the University is sufficient evidence of its making and authenticity in all courts and before all persons acting judicially.
6Fines and payment of compensation
(1)A fine imposed upon or compensation payable by a member of the staff of the University or a student under a statute or regulation is a civil debt recoverable summarily by the University in a court of competent jurisdiction.
(2)A certificate in writing signed by the Vice-Chancellor or a person appointed by the Vice Chancellor for the purpose as to the amount of a fine imposed upon or compensation payable by a member of the staff of the University or a student under a statute or regulation and giving particulars of the date of, and reasons for the imposition or demand of, the fine or compensation, is evidence of the matters stated in the certificate.
7No religious test or political discrimination
A person is not, because of his or her religious or political affiliations, views or beliefs, to be denied admission as a student of the University or to be taken to be ineligible to graduate from or to enjoy any benefit, advantage or privilege of the University.
8Investment common funds
(1)The University may establish one or more investment common funds.
(2)The University may from time to time, without liability for breach of trust, bring into or withdraw from any such investment common fund the whole or any part of any trust funds or other funds under the control of the University.
(3)Subject to subsection (4), the University must periodically distribute the income of each investment common fund among the funds participating in the common fund, having regard to the extent of the participation of each fund in the common fund during the relevant accounting period.
(4)The University may, if it considers it expedient to do so, from time to time add some portion of the income of an investment common fund to the capital of the common fund or use some portion of the income to establish or augment a fund or funds as a provision against capital depreciation or reduction of income.
(5)If an investment is brought into an investment common fund—
(a)the University is to be regarded as holding that investment on behalf of and for the benefit of the common fund instead of the participating trust fund or other fund; and
(b)the participating fund is to be regarded as having contributed to the common fund an amount of money equivalent to the value attributed to the investment by the University at the time it is brought into the common fund; and
(c)on the withdrawal of that participating fund from the common fund, the amount of money to be withdrawn is to be the amount equivalent to the value attributed by the University to the equity in the common fund of that participating fund at the time of withdrawal.
(6)The inclusion in an investment common fund of trust funds does not affect any trust to which those trust funds (or money attributed to them) are subject.
(7)On the withdrawal of trust funds from an investment common fund, the funds (or money attributed to them) continue to be subject to the trust.
9Terms of trust to prevail
In respect of the trust funds of the University:
(a)the power of the University to bring the trust funds into an investment common fund; and
(b)the investment powers of the University—
are subject to any express direction in or express condition of the trust.
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PART 3—UNIVERSITY AS SUCCESSOR OF THE INSTITUTE
10Transfer of assets and liabilities of the Institute
Subject to this Act, on and from the appointed day—
(a)the Institute and its Council is dissolved and the University is the successor in law of that Institute and its Council; and
(b)the assets and rights of the Institute or its Council vest in the University; and
(c)the liabilities and obligations of the Institute or its Council become liabilities or obligations of the University; and
(d)any scholarship, prize or bursary of a continuing nature administered by the Institute 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 the Institute) made or entered into by, on behalf of, or in relation to the Institute 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 the Institute 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)in—
(i)an Act other than this Act; or
(ii)a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; or
(iii)a judgment or order; or
(iv)any document whatever—
in relation to a period occurring on or after the appointed day and unless the contrary intention appears, a reference to—
(v)the Institute; or
(vi)the Council of the Institute—
is deemed to be a reference to the University; and
(h)all records and documents of the Institute or its Council become the property of the University.
11Gifts, trusts etc.
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 Institute; and
(b)the gift, trust disposition, 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 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 University for a purpose of the University that corresponds with, or is similar to, those purposes of the Institute 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 University for a purpose of the University that corresponds with, or is similar to, those purposes of the Institute for which the fund was created.
12Land used by the Institute
(1)On the appointed day, the land described in the Schedule vests in fee simple in the University subject to the terms, conditions, covenants, limitations, exceptions, reservations and restrictions to which the land was subject immediately before the appointed day.
(2)The vesting of land under subsection (1) does not affect the continuity of any application under section 103 of the Transfer of Land Act 1958 lodged before the appointed day in relation to the land in Certificate of Title Volume 1606 Folio 049.
(3)The contract, dated 4 May 1990, entered into between the Minister for Property and Services and the Institute, under which the Institute agreed to purchase land being Crown Allotment 6A, Section 152, Township of Ballarat, Parish of Ballarat, and shown on the plan in the contract has effect on and from the appointed day as if entered into by the University instead of the Institute, and any act done in relation to the contract by the Institute must, on and from that date, be taken to have been done by the University.
(4)On and from the appointed day—
(a)any interest in land created in the Institute by the contract referred to in subsection (3); and
(b)any entitlement of the Institute to a Crown Grant arising on compliance with that contract—
vests in the University, on the terms to which it was subject immediately before the appointed day.
(5)Subsections (3) and (4) have effect despite anything to the contrary in the Land Act 1958.
13Amendment of Register etc.
(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 Part.
(2)If, at the commencement of this section, section 7 of the Transfer of Land (Computer Register) Act 1989 is not in operation, then until that section comes into operation—
(a)subsection (1) of this section has effect as if it provided as follows:
"(1)The Registrar of Titles, on being requested to do so and on production of any relevant duplicate certificate of title or other relevant instrument, must make any amendments to the Register Book under the Transfer of Land Act 1958 and to any duplicate Crown grant, duplicate certificate of title, duplicate registered instrument or other document that are necessary because of the operation of this Part."; and
(b)Part 1 of the Schedule has effect as if it referred to certificates of title instead of folios of the Register.
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SCHEDULE
Section 12
Volume
Folio
8214
428
6145
945
3443
555
4610
975
2297
388
4712
393
6148
528
1868
496
1606
049
9366
060
5291
134
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ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 9 April 1991
Legislative Council: 15 May 1991
The long title for the Bill for this Act was "A Bill relating to the Australian Catholic University and for other purposes.".
The Australian Catholic University (Victoria) Act 1991 was assented to on 4 June 1991 and came into operation on 15 August 1991: Government Gazette 14 August 1991 p. 2250.
2. Table of Amendments
This Version incorporates amendments made to the Australian Catholic University (Victoria) Act 1991 by Acts and subordinate instruments.
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Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 8) on 15.7.01: s. 2 CurrentState: This information relates on to the provision/s amending the Australian Catholic University (Victoria) Act 1991
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3. Explanatory Details
[1] S. 1(a)(i): See regulation 4 of the Corporations (Ancillary Provisions) Regulations 2001, S.R. No. 63/2001.
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