{"id":"australian-catholic-university-victoria-act-1991","name":"Australian Catholic University (Victoria) Act 1991","slug":"australian-catholic-university-victoria-act-1991","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176443,"registerId":"vic-australian-catholic-university-victoria-act-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Catholic University (Victoria) Act 1991","content":"Version No. 003\nAustralian Catholic University (Victoria) Act\n1991\nNo. 24 of 1991\nVersion incorporating amendments as at 8 February 2008\nTABLE OF PROVISIONS\nSection Page\nPART 1—PRELIMINARY 1\n1 Purpose 1\n2 Commencement 1\n3 Definitions 1\nPART 2—AUSTRALIAN CATHOLIC UNIVERSITY 3\n4 Awards of the University 3\n5 Power to make statutes 4\n6 Fines and payment of compensation 5\n7 No religious test or political discrimination 6\n8 Investment common funds 6\n9 Terms of trust to prevail 7\nPART 3—UNIVERSITY AS SUCCESSOR OF THE INSTITUTE 8\n10 Transfer of assets and liabilities of the Institute 8\n11 Gifts, trusts etc. 9\n12 Land used by the Institute 10\n13 Amendment of Register etc. 11\n__________________\nSCHEDULE 13\n═══════════════\ni\n\nSection Page\nENDNOTES 14\n1. General Information 14\n2. Table of Amendments 15\n3. Explanatory Details 16\nii\n\nVersion No. 003\nAustralian Catholic University (Victoria) Act\n1991\nNo. 24 of 1991\nVersion incorporating amendments as at 8 February 2008\nThe Parliament of Victoria enacts as follows:\nPART 1—PRELIMINARY\n1 Purpose\nThe purposes of this Act are—\n(a) to make further provision relating to the\nAustralian Catholic University Limited,\nbeing—\n(i) a company within the meaning of the\nCorporations Law of Victoria1; and\n(ii) a University within the meaning of the\nPost-Secondary Education Act 1978;\nand\n(b) to provide for the University to become the\nsuccessor in law of the Institute of Catholic\nEducation, an institution affiliated to the\nUniversity.\n2 Commencement\nThis Act comes into operation on a day to be\nproclaimed.\n3 Definitions\nIn this Act—\nappointed Day means the day on which section 10\ncomes into operation;\n1\n\nPart 1—Preliminary\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 3\nconstituent documents in relation to the\nUniversity, means the constitution of the\ncompany within the meaning of the\nCorporations Act known as the Australian\nCatholic University Limited, being a\ncompany that is taken under that Act to be\nregistered in Victoria;\nS. 3 def. of\nconstituent\ndocuments\nsubstituted by\nNo. 44/2001\ns. 3(Sch.\nitem 8(a)).\nregulations means regulations under the Statutes;\nSenate means the Senate of the University as\nconstituted from time to time in accordance\nwith the constituent documents of the\nUniversity;\nstatutes means statutes of the University made by\nthe Senate under this Act;\nthe Institute means the Institute of Catholic\nEducation;\nUniversity means the company taken, under the\nCorporations Act, to be registered in Victoria\nunder the name Australian Catholic\nUniversity Limited or under that name as\nchanged from time to time and includes the\nAustralian Catholic University operated by\nthat company;\nS. 3 def. of\nUniversity\namended by\nNo. 44/2001\ns. 3(Sch.\nitem 8(b)).\nVice-Chancellor has the same meaning as in the\nconstituent documents of the University.\n_______________\n2\n\nPart 2—Australian Catholic University\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 4\nPART 2—AUSTRALIAN CATHOLIC UNIVERSITY\n4 Awards of the University\n(1) Subject to the statutes and regulations, the Senate\nmay, after appropriate assessment, confer any\ndegree or grant any diploma, certificate or other\naward.\n(2) The statutes may provide—\n(a) for the admission without examination to any\ndegree, diploma, certificate or other award of\nany person who has graduated at any other\nUniversity; and\n(b) for the admission honoris causa to any\ndegree, diploma, certificate of other award of\nany person whether or not the person has\ngraduated at a University.\n(3) The persons on whom degrees are conferred or\ndiplomas, certificates or other awards granted\nunder subsection (2) are entitled to the same rights\nand privileges as those to which persons who have\ngraduated after appropriate assessment in the\nUniversity are entitled.\n(4) All degrees conferred and diplomas, certificates\nand other awards granted by the University must\nbe evidenced by a certificate given under the\ncommon seal of the University.\n(5) If the statutes so provide, the Senate may, in\nprescribed circumstances and in the manner\nprescribed, revoke any degree, diploma, certificate\nor other award conferred or granted by the\nUniversity.\n3\n\nPart 2—Australian Catholic University\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 5\n5 Power to make statutes\n(1) Subject to this Act, the Senate may make statutes\nfor or with respect to all matters relating to the\norganisation, management and good government\nof the University and in particular, without\naffecting the generality of the foregoing, for or\nwith respect to—\n(a) the discipline of the University;\n(b) the imposition of fines for, or determining\ncompensation payable for damage arising\nfrom, breaches of the discipline of the\nUniversity.\n(2) The Senate may, by a later statute, revoke or\namend any statute.\n(3) Any statute made by the Senate may provide\nfor—\n(a) the making of regulations, either by the\nSenate or, if the statutes so authorise, by the\nVice-Chancellor for or with respect to\nprescribing or providing for any matter or\nthing for the purpose of the statute;\n(b) the manner of promulgation of any such\nregulation;\n(c) the revocation or amendment of any such\nregulation.\n(4) A statute made by the Senate under this Act—\n(a) must be in writing; and\n(b) must have the common seal of the University\naffixed.\n4\n\nPart 2—Australian Catholic University\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 6\n(5) A statute comes into operation on the day on\nwhich it is made or, if a later day is specified in\nthe statute, from that later day.\n(6) The production of a verified copy of a statute\nunder the common seal of the University is\nsufficient evidence of its making and authenticity\nin all courts and before all persons acting\njudicially.\n(7) A regulation made under a statute comes into\noperation on the day on which it is promulgated in\naccordance with the statute under which it is made\nor, if a later day is specified in the regulation,\nfrom that later day.\n(8) The production of a verified copy of a regulation\nunder the common seal of the University is\nsufficient evidence of its making and authenticity\nin all courts and before all persons acting\njudicially.\n6 Fines and payment of compensation\n(1) A fine imposed upon or compensation payable by\na member of the staff of the University or a\nstudent under a statute or regulation is a civil debt\nrecoverable summarily by the University in a\ncourt of competent jurisdiction.\n(2) A certificate in writing signed by the Vice-\nChancellor or a person appointed by the Vice\nChancellor for the purpose as to the amount of a\nfine imposed upon or compensation payable by a\nmember of the staff of the University or a student\nunder a statute or regulation and giving particulars\nof the date of, and reasons for the imposition or\ndemand of, the fine or compensation, is evidence\nof the matters stated in the certificate.\n5\n\nPart 2—Australian Catholic University\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 7\n7 No religious test or political discrimination\nA person is not, because of his or her religious or\npolitical affiliations, views or beliefs, to be denied\nadmission as a student of the University or to be\ntaken to be ineligible to graduate from or to enjoy\nany benefit, advantage or privilege of the\nUniversity.\n8 Investment common funds\n(1) The University may establish one or more\ninvestment common funds.\n(2) The University may from time to time, without\nliability for breach of trust, bring into or withdraw\nfrom any such investment common fund the\nwhole or any part of any trust funds or other funds\nunder the control of the University.\n(3) Subject to subsection (4), the University must\nperiodically distribute the income of each\ninvestment common fund among the funds\nparticipating in the common fund, having regard\nto the extent of the participation of each fund in\nthe common fund during the relevant accounting\nperiod.\n(4) The University may, if it considers it expedient to\ndo so, from time to time add some portion of the\nincome of an investment common fund to the\ncapital of the common fund or use some portion of\nthe income to establish or augment a fund or funds\nas a provision against capital depreciation or\nreduction of income.\n(5) If an investment is brought into an investment\ncommon fund—\n(a) the University is to be regarded as holding\nthat investment on behalf of and for the\nbenefit of the common fund instead of the\nparticipating trust fund or other fund; and\n6\n\nPart 2—Australian Catholic University\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 9\n(b) the participating fund is to be regarded as\nhaving contributed to the common fund an\namount of money equivalent to the value\nattributed to the investment by the University\nat the time it is brought into the common\nfund; and\n(c) on the withdrawal of that participating fund\nfrom the common fund, the amount of\nmoney to be withdrawn is to be the amount\nequivalent to the value attributed by the\nUniversity to the equity in the common fund\nof that participating fund at the time of\nwithdrawal.\n(6) The inclusion in an investment common fund of\ntrust funds does not affect any trust to which those\ntrust funds (or money attributed to them) are\nsubject.\n(7) On the withdrawal of trust funds from an\ninvestment common fund, the funds (or money\nattributed to them) continue to be subject to the\ntrust.\n9 Terms of trust to prevail\nIn respect of the trust funds of the University:\n(a) the power of the University to bring the trust\nfunds into an investment common fund; and\n(b) the investment powers of the University—\nare subject to any express direction in or express\ncondition of the trust.\n_______________\n7\n\nPart 3—University as Successor of the Institute\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 10\nPART 3—UNIVERSITY AS SUCCESSOR OF THE INSTITUTE\n10 Transfer of assets and liabilities of the Institute\nSubject to this Act, on and from the appointed\nday—\n(a) the Institute and its Council is dissolved and\nthe University is the successor in law of that\nInstitute and its Council; and\n(b) the assets and rights of the Institute or its\nCouncil vest in the University; and\n(c) the liabilities and obligations of the Institute\nor its Council become liabilities or\nobligations of the University; and\n(d) any scholarship, prize or bursary of a\ncontinuing nature administered by the\nInstitute or its Council and existing\nimmediately before the appointed day shall\nbe administered by the University as if it\nwere a scholarship, prize or bursary of the\nUniversity, but otherwise in accordance with\nthe terms and conditions to which it was\nsubject immediately before the appointed\nday; and\n(e) all contracts, deeds, bonds, agreements,\narrangements, guarantees and other\ninstruments (except contracts, agreements or\narrangements relating to the members of\nstaff of the Institute) made or entered into by,\non behalf of, or in relation to the Institute or\nits Council and in force immediately before\nthe appointed day have effect as if made or\nentered into by, on behalf of, or in relation to\nthe University; and\n8\n\nPart 3—University as Successor of the Institute\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 11\n(f) all actions, claims, arbitrations and other\nproceedings (including proceedings on\nappeal or review) pending or existing\nimmediately before the appointed day by,\nagainst, or in relation to the Institute or its\nCouncil have effect as if they were\nproceedings by, against or in relation to the\nUniversity, and may be continued and\ncompleted accordingly; and\n(g) in—\n(i) an Act other than this Act; or\n(ii) a subordinate instrument within the\nmeaning of the Interpretation of\nLegislation Act 1984; or\n(iii) a judgment or order; or\n(iv) any document whatever—\nin relation to a period occurring on or after\nthe appointed day and unless the contrary\nintention appears, a reference to—\n(v) the Institute; or\n(vi) the Council of the Institute—\nis deemed to be a reference to the University;\nand\n(h) all records and documents of the Institute or\nits Council become the property of the\nUniversity.\n11 Gifts, trusts etc.\nIf—\n(a) before or after the appointed day—\n(i) a gift, disposition or trust of property is\nmade or declared or is deemed to have\nbeen made or declared; or\n9\n\nPart 3—University as Successor of the Institute\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 12\n(ii) a trust fund is created—\n(whether by deed, will or otherwise) to, in\nfavour of, for the use of, or for the purposes\nof, the Institute; and\n(b) the gift, trust disposition, or trust fund takes\neffect, or may take effect, or the trust fund\nmay be applied, on or after the appointed\nday—\nthe gift, disposition, trust or trust fund does not\nfail only because of the provisions of this Act, but,\nin relation to any matter occurring on or after the\nappointed day—\n(c) in the case of a gift, disposition or trust of\nproperty, takes effect as if made or declared\nto or in favour of the University for a\npurpose of the University that corresponds\nwith, or is similar to, those purposes of the\nInstitute for which it was made or declared;\nor\n(d) in the case of a trust fund, may be applied as\nif created in favour of the University for a\npurpose of the University that corresponds\nwith, or is similar to, those purposes of the\nInstitute for which the fund was created.\n12 Land used by the Institute\n(1) On the appointed day, the land described in the\nSchedule vests in fee simple in the University\nsubject to the terms, conditions, covenants,\nlimitations, exceptions, reservations and\nrestrictions to which the land was subject\nimmediately before the appointed day.\n10\n\nPart 3—University as Successor of the Institute\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 13\n(2) The vesting of land under subsection (1) does not\naffect the continuity of any application under\nsection 103 of the Transfer of Land Act 1958\nlodged before the appointed day in relation to\nthe land in Certificate of Title Volume 1606\nFolio 049.\n(3) The contract, dated 4 May 1990, entered into\nbetween the Minister for Property and Services\nand the Institute, under which the Institute agreed\nto purchase land being Crown Allotment 6A,\nSection 152, Township of Ballarat, Parish of\nBallarat, and shown on the plan in the contract has\neffect on and from the appointed day as if entered\ninto by the University instead of the Institute, and\nany act done in relation to the contract by the\nInstitute must, on and from that date, be taken to\nhave been done by the University.\n(4) On and from the appointed day—\n(a) any interest in land created in the Institute by\nthe contract referred to in subsection (3); and\n(b) any entitlement of the Institute to a Crown\nGrant arising on compliance with that\ncontract—\nvests in the University, on the terms to which it\nwas subject immediately before the appointed day.\n(5) Subsections (3) and (4) have effect despite\nanything to the contrary in the Land Act 1958.\n13 Amendment of Register etc.\n(1) The Registrar of Titles, on being requested to do\nso and on delivery of any relevant certificate of\ntitle or instrument, must make any amendments in\nthe Register under the Transfer of Land Act\n1958 that are necessary because of the operation\nof this Part.\n11\n\nPart 3—University as Successor of the Institute\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\ns. 13\n(2) If, at the commencement of this section, section 7\nof the Transfer of Land (Computer Register)\nAct 1989 is not in operation, then until that\nsection comes into operation—\n(a) subsection (1) of this section has effect as if\nit provided as follows:\n\"(1) The Registrar of Titles, on being\nrequested to do so and on production of\nany relevant duplicate certificate of title\nor other relevant instrument, must make\nany amendments to the Register Book\nunder the Transfer of Land Act 1958\nand to any duplicate Crown grant,\nduplicate certificate of title, duplicate\nregistered instrument or other document\nthat are necessary because of the\noperation of this Part.\"; and\n(b) Part 1 of the Schedule has effect as if it\nreferred to certificates of title instead of\nfolios of the Register.\n__________________\n12\n\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\nSch.\nSCHEDULE\nSection 12\nVolume Folio\n8214 428\n6145 945\n3443 555\n4610 975\n2297 388\n4712 393\n6148 528\n1868 496\n1606 049\n9366 060\n5291 134\n═══════════════\n13\n\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\nEndnotes\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 9 April 1991\nLegislative Council: 15 May 1991\nThe long title for the Bill for this Act was \"A Bill relating to the Australian\nCatholic University and for other purposes.\".\nThe Australian Catholic University (Victoria) Act 1991 was assented to on\n4 June 1991 and came into operation on 15 August 1991: Government\nGazette 14 August 1991 p. 2250.\n14\n\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\nEndnotes\n2. Table of Amendments\nThis Version incorporates amendments made to the Australian Catholic\nUniversity (Victoria) Act 1991 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nCorporations (Consequential Amendments) Act 2001, No. 44/2001\nAssent Date: 27.6.01\nCommencement Date: S. 3(Sch. item 8) on 15.7.01: s. 2\nCurrent State: This information relates on to the provision/s\namending the Australian Catholic University\n(Victoria) Act 1991\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n15\n\nAustralian Catholic University (Victoria) Act 1991\nNo. 24 of 1991\nEndnotes\n3. Explanatory Details\n1 S. 1(a)(i): See regulation 4 of the Corporations (Ancillary Provisions)\nRegulations 2001, S.R. No. 63/2001.\n16","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original intent of establishing ACU's legal status in Victoria. The version history shows it remains in force as originally made, with no evidence of significant amendments that would suggest a shift in scope."},"complexity_factors":["Very limited information provided — the document appears to be primarily version history metadata rather than full legislative content","University establishment acts are typically straightforward in structure, mainly conferring legal status and basic powers","No substantive provisions, schedules, or complex regulatory mechanisms are visible in the provided text","Single, narrow purpose legislation with a clearly defined subject matter"],"plain_english_summary":"The Act gives Australian Catholic University formal legal existence in Victoria, authorising it to operate, own property, enter contracts and function as a recognised university under state law. It directly affects the university, its staff and students at Victorian campuses and anyone dealing with ACU legally or administratively. Without it, ACU would lack a formal Victorian basis to operate."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original dual purpose: (1) providing statutory backing for ACU's operations in Victoria, and (2) facilitating the transfer of assets from the Institute of Catholic Education to ACU. The only amendments made (in 2001) were technical updates to reflect changes in corporate law terminology (Corporations Law to Corporations Act), without expanding the substantive scope."},"complexity_factors":["Short statute: only 13 sections plus a Schedule","Minimal defined terms: only 6 definitions in section 3","Limited cross-referencing: primarily references to the Corporations Act and Transfer of Land Act 1958","Straightforward structure: three clear Parts (Preliminary, University operations, Transfer of assets)","No nested exceptions or complex conditional logic","Single amendment history: only amended once in 2001 to update Corporations Law references","Practical focus: mostly administrative provisions for asset transfer and university governance"],"plain_english_summary":"**What this law does:**\n\nThis Act is a Victorian law that gives legal backing to the Australian Catholic University (ACU) as it operates in Victoria. It does two main things:\n\n1. **Sets up the University's powers** — It confirms that ACU (which is actually a company limited by guarantee) can:\n   - Award degrees, diplomas and certificates to students\n   - Make its own rules (called \"statutes\") about how the University runs, including student discipline\n   - Fine students or staff for breaking rules, and recover that money through the courts\n   - Pool investment funds from different trusts and donations to invest them together\n   - Cannot discriminate against students based on religion or politics\n\n2. **Transfers an old college to the new University** — When the Act started, the \"Institute of Catholic Education\" (an older teaching college) was dissolved and everything it owned or owed was transferred to ACU. This includes:\n   - All its buildings and land (listed in the Schedule at the end)\n   - All its debts and legal obligations\n   - Any scholarships or prizes it was managing\n   - Any court cases it was involved in\n   - Gifts or trusts set up for the old Institute now go to ACU instead\n\n**Who it affects:**\n- Students and staff of ACU in Victoria\n- Anyone who gave money or property to the old Institute of Catholic Education\n- The University itself, which gets clear legal authority to operate and manage its affairs\n\n**Why it matters:**\nWithout this law, ACU wouldn't have clear statutory authority to award degrees recognised in Victoria, and the transition from the old Institute to the new University would have created legal chaos around who owned the land, who was responsible for debts, and where donated money should go."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act’s scope remains the statutory recognition of the University, the transfer of the Institute’s assets, liabilities and land, and the conferral of governance and fund‑management powers on the University (s 1; ss 10–13; ss 4–5). Amendments noted in the Endnotes appear consequential (definition updates) rather than altering this substantive scope (Endnotes, Table of Amendments)."},"complexity_factors":["Interaction of corporate, trust and property law when vesting assets and liabilities (ss 10–12, 11)","Delegation of regulatory power to the University Senate and, where authorised, the Vice‑Chancellor to make statutes and regulations (s 5)","Conversion of internal disciplinary fines/compensation into civil debts enforceable in courts (s 6)","Establishment and operation of investment common funds while preserving original trust terms (ss 8–9, 11)","Succession of ongoing contracts, proceedings and records and the specific exclusion for staff contracts (s 10(e)–(f))","Mandatory amendments to land registers and special transitional rules where computer registers are not in operation (s 13)","Cross‑references to external statutes (Transfer of Land Act 1958, Land Act 1958, Corporations Act) creating dependence on other statutory regimes (ss 12(5), 13(2); Endnotes)"],"plain_english_summary":"This Act makes the Australian Catholic University the legal successor of the Institute of Catholic Education, vests the Institute’s assets, liabilities and listed land in the University, and empowers the University’s Senate to make statutes and confer awards (ss 1, 10–12, 4–5).\n\nIt affects students, staff, donors and trust beneficiaries by converting disciplinary fines into civil debts, allowing investment common funds under university control, preserving donor trust terms, and requiring amendments to land titles and registers (ss 6, 8–9, 11–13), so the University assumes decision‑making and inherited obligations."}},"importantCases":[],"_links":{"self":"/api/acts/australian-catholic-university-victoria-act-1991","history":"/api/acts/australian-catholic-university-victoria-act-1991/history","analysis":"/api/acts/australian-catholic-university-victoria-act-1991/analysis","conflicts":"/api/acts/australian-catholic-university-victoria-act-1991/conflicts","importantCases":"/api/acts/australian-catholic-university-victoria-act-1991/important-cases","documents":"/api/acts/australian-catholic-university-victoria-act-1991/documents"}}