Marcus Oldham College Act 1995 (Vic)
Version No. 001
Marcus Oldham College Act 1995
Act No. 81/1995
Version as at 14 September 1999
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1.Purpose
2.Commencement
3.Definitions
PART 2—MARCUS OLDHAM COLLEGE AS SUCCESSOR OF UNINCORPORATED COLLEGE
4.Transfer of assets and liabilities of unincorporated College
5.Land to vest in Marcus Oldham College
6.Cancellation of trust and abolition of Council
7.Gifts, trusts etc.
8.Staff of unincorporated College
9.Students of unincorporated College
10.Amendment of Register
11.Taxes
12.Precedence of Act
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
Marcus Oldham College Act 1995
Act No. 81/1995
Version as at 14 September 1999
Preamble
The will of the late Marcus William Oldham, who died on 28 June 1939, created a trust for the establishment and maintenance in perpetuity of an establishment or training school in pastoral farming or agricultural pursuits or other related pursuits.
Under that trust Marcus Oldham College was established in 1961 on a site in Geelong.
The trustees and the Council of Marcus Oldham College now wish for provision to be made for the vesting in Marcus Oldham College A.C.N. 071 444 409, a company limited by guarantee incorporated under the Corporations Law of Victoria, of all real and personal property held by the trustees and for the incorporated body to be made the successor in law of the trustees and the Council.
The Parliament of Victoria therefore enacts as follows:
PART 1—PRELIMINARY
1.Purpose
The purpose of this Act is—
(a)to provide for the transfer of certain trust property to Marcus Oldham College A.C.N. 071 444 409; and
(b)to cancel the trust created by the will of Marcus William Oldham, deceased.
2.Commencement
(1)This Part comes into operation on the day on which this Act receives the Royal Assent.
(2)Subject to sub-section (3), Part 2 comes into operation on a day to be proclaimed.
(3)If Part 2 does not come into operation within the period of 6 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
3.Definitions
In this Act—
"Council" means Council of the unincorporated College appointed for the time being by the trustees;
"instrument" includes a document and an oral agreement;
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
"Marcus Oldham College" means Marcus Oldham College A.C.N. 071 444 409, a company limited by guarantee incorporated under the Corporations Law of Victoria;
"property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
"trust" means the trusts set out in clause 6 of the will of Marcus William Oldham, deceased, as varied by an order made by the Supreme Court on 20 July 1979;
"trustees" means the trustees for the time being of the trust;
"unincorporated College" means Marcus Oldham Farm Management College (sometimes known as "Marcus Oldham College of Farm Management" and by other names) as established and existing immediately before the commencement of Part 2 including all land or other property vested in, held by or belonging to the trustees under, or in connection with, the trust and all money and securities held by the trustees as belonging to or forming part of any fund held under, or in connection with, the trust;
"will" includes a codicil and any testamentary disposition.
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PART 2—MARCUS OLDHAM COLLEGE AS SUCCESSOR OF UNINCORPORATED COLLEGE
4.Transfer of assets and liabilities of unincorporated College
Subject to this Part, on and from the commencement of this Part—
(a)all property and rights of the trustees or the Council in, or in relation to, the unincorporated College vest in Marcus Oldham College subject to the encumbrances (if any) to which they were subject immediately before so vesting;
(b)all liabilities (wherever located) of the trustees or the Council in, or in relation to, the unincorporated College vest in Marcus Oldham College and the rights to which the trustees were, or the Council was, entitled in respect of those liabilities immediately before they ceased to be liabilities of the trustees or the Council (as the case requires) vest in Marcus Oldham College;
(c)the trustees are severally discharged from any joint or several liability in relation to the unincorporated College including any obligation (whether arising under the will that created the trust or otherwise) to apply the land, buildings, funds or other property vested in, held by or belonging to them as trustees for or in connection with the operation of the unincorporated College;
(d)Marcus Oldham College is the successor in law of the Council and of the trustees in relation to the unincorporated College;
(e)any scholarship, prize or bursary of a continuing nature administered by the trustees, the unincorporated College or the Council and existing immediately before that commencement shall be administered by Marcus Oldham College as if it were a scholarship, prize or bursary of Marcus Oldham College, but otherwise in accordance with the terms and conditions to which it was subject immediately before that commencement;
(f)all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments (except contracts, agreements or arrangements relating to the members of staff of the unincorporated College) made or entered into by, on behalf of, or in relation to the trustees, the unincorporated College or the Council and in force immediately before that commencement have effect as if made or entered into by, on behalf of, or in relation to, Marcus Oldham College;
(g)all actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before that commencement by, against, or in relation to the trustees, the unincorporated College or the Council have effect as if they were proceedings by, against, or in relation to Marcus Oldham College, and may be continued and completed accordingly;
(h)any permit, licence or authority of any kind whatsoever issued or granted to the trustees, the unincorporated College or the Council by or under any Act continues to operate, despite anything in this Act, in favour of Marcus Oldham College in the same way and to the same extent as it operated in favour of the trustees, the unincorporated College or the Council;
(i)all records and documents of the trustees, the unincorporated College or the Council become the property of Marcus Oldham College;
(j)unless the contrary intention appears, a reference to the trustees or to the unincorporated College or to the Council is deemed to be a reference to Marcus Oldham College 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 that commencement.
5.Land to vest in Marcus Oldham College
(1)On the commencement of this Part, the property and rights of the trustees in the land described in the folio of the Register set out below vest in Marcus Oldham College subject to the encumbrances (if any) to which they were subject immediately before so vesting.
Volume
Folio
9923
605
(2)On the commencement of this Part, the property and rights of the trustees in the land being Lot 2 on Plan of Subdivision dated 1 March 1965 and deposited in the Office of the Registrar–General in Correspondence No. 65/8805 and being the land described in Conveyance No. 106 Book 816 vest in Marcus Oldham College subject to the encumbrances (if any) to which they were subject immediately before so vesting.
(3)The provisions of this section are in addition to, and not in derogation from, the provisions of section 4.
6.Cancellation of trust and abolition of Council
(1)On the commencement of this Part, by force of this (1) sub-section—
(a)the trust shall be cancelled and the trustees shall go out of office; and
(b)the Council shall be abolished and its members shall go out of office.
(2)A person who, immediately before the commencement of this Part, was a trustee or member of the Council is entitled to be indemnified by Marcus Oldham College in respect of any personal liability arising out of the execution in good faith of the duties, powers, authorities and discretions conferred or imposed on him or her as a trustee or member of the Council to the same extent and in the same circumstances as he or she was entitled to be indemnified by the unincorporated College before that commencement.
7.Gifts, trusts etc.
If—
(a)before or after the commencement of this Part—
(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 unincorporated College; and
(b)the gift, disposition, trust or trust fund takes effect, or may make effect, or the trust fund may be applied, on or after that commencement—
the gift, disposition, trust or trust fund does not fail only because of the provisions of this Part, but on or after that commencement—
(c)in the case of a gift, disposition or trust of property, takes effect as if made or declared to or in favour of Marcus Oldham College for a purpose of Marcus Oldham College that corresponds with, or is similar to, those purposes of the unincorporated 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 Marcus Oldham College for a purpose of Marcus Oldham College that corresponds with, or is similar to, those purposes of the unincorporated College for which the fund was created.
8.Staff of unincorporated College
(1)On the commencement of this Part, a person who, immediately before that commencement, was a member of the staff employed by the unincorporated College or the Council, becomes a member of the staff of Marcus Oldham College.
(2)A person who becomes a member of the staff of Marcus Oldham College under sub-section (1)—
(a)is a member of the staff of Marcus Oldham College with remuneration no less than the person was receiving or was entitled to receive as a member of the staff of the unincorporated College immediately before the commencement of this Part, and on terms and conditions no less favourable than those of the person's appointment at the unincorporated 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 the unincorporated College before that commencement.
(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 Marcus Oldham College.
9.Students of unincorporated College
(1)A person who, immediately before the commencement of this Part, was enrolled as a student of the unincorporated College becomes a student of Marcus Oldham College.
(2)A person who, immediately before the commencement of this Part, was entitled to enrol as a student of the unincorporated College is entitled to apply for enrolment as a student of Marcus Oldham College 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 unincorporated College.
10.Amendment of Register
(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 that are necessary because of the operation of this Part.
(2)The Registrar–General must make all entries on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of this Part.
11.Taxes
No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Act or in respect of any act or transaction connected with or necessary to be done by reason of this Act, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the trustees or the Council.
12.Precedence of Act
The provisions of this Act have effect despite anything to the contrary in the terms of the trust or in any Act, instrument or rule of law.
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ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 1 November 1995
Legislative Council: 15 November 1995
The long title for the Bill for this Act was "A Bill to provide for the transfer of certain trust property to Marcus Oldham College A.C.N. 071 444 409, to cancel the trust created by the will of Marcus William Oldham, deceased, and for other purposes."
The Marcus Oldham College Act 1995 was assented to on 28 November 1995 and came into operation as follows:
Part 1 (sections 1–3) on 28 November 1995: section 2(1); rest of Act on 1 February 1996: Government Gazette 21 December 1995 page 3571.
2. Table of Amendments
There are no amendments made to the Marcus Oldham College Act 1995 by Acts and subordinate instruments.
3. Explanatory Details
No entries at date of publication.
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