{"id":"marcus-oldham-college-act-1995","name":"Marcus Oldham College Act 1995","slug":"marcus-oldham-college-act-1995","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176470,"registerId":"vic-marcus-oldham-college-act-1995-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marcus Oldham College Act 1995","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nMarcus Oldham College Act 1995\nAct No. 81/1995\nVersion as at 14 September 1999\nTABLE OF PROVISIONS\nSection Page\nPART 1—PRELIMINARY 1\n1. Purpose 1\n2. Commencement 2\n3. Definitions 2\nPART 2—MARCUS OLDHAM COLLEGE AS SUCCESSOR OF\nUNINCORPORATED COLLEGE 4\n4. Transfer of assets and liabilities of unincorporated College 4\n5. Land to vest in Marcus Oldham College 6\n6. Cancellation of trust and abolition of Council 7\n7. Gifts, trusts etc. 7\n8. Staff of unincorporated College 8\n9. Students of unincorporated College 9\n10. Amendment of Register 10\n11. Taxes 10\n12. Precedence of Act 10\n═══════════════\nENDNOTES 11\n1. General Information 11\n2. Table of Amendments 12\n3. Explanatory Details 13\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nMarcus Oldham College Act 1995\nAct No. 81/1995\nVersion as at 14 September 1999\nPreamble\nThe will of the late Marcus William Oldham, who\ndied on 28 June 1939, created a trust for the\nestablishment and maintenance in perpetuity of an\nestablishment or training school in pastoral\nfarming or agricultural pursuits or other related\npursuits.\nUnder that trust Marcus Oldham College was\nestablished in 1961 on a site in Geelong.\nThe trustees and the Council of Marcus Oldham\nCollege now wish for provision to be made for the\nvesting in Marcus Oldham College A.C.N.\n071 444 409, a company limited by guarantee\nincorporated under the Corporations Law of\nVictoria, of all real and personal property held by\nthe trustees and for the incorporated body to be\nmade the successor in law of the trustees and the\nCouncil.\nThe Parliament of Victoria therefore enacts as follows:\nPART 1—PRELIMINARY\n1. Purpose\nThe purpose of this Act is—\n(a) to provide for the transfer of certain trust\nproperty to Marcus Oldham College A.C.N.\n071 444 409; and\n(b) to cancel the trust created by the will of\nMarcus William Oldham, deceased.\n\nVictorian Legislation and Parliamentary DocumentsPart 1—Preliminary\nMarcus Oldham College Act 1995\nAct No. 81/1995\n2\n2. Commencement\n(1) This Part comes into operation on the day on\nwhich this Act receives the Royal Assent.\n(2) Subject to sub-section (3), Part 2 comes into\noperation on a day to be proclaimed.\n(3) If Part 2 does not come into operation within the\nperiod of 6 months beginning on, and including,\nthe day on which this Act receives the Royal\nAssent, it comes into operation on the first day\nafter the end of that period.\n3. Definitions\nIn this Act—\n\"Council\" means Council of the unincorporated\nCollege appointed for the time being by the\ntrustees;\n\"instrument\" includes a document and an oral\nagreement;\n\"liabilities\" means all liabilities, duties and\nobligations, whether actual, contingent or\nprospective;\n\"Marcus Oldham College\" means Marcus\nOldham College A.C.N. 071 444 409, a\ncompany limited by guarantee incorporated\nunder the Corporations Law of Victoria;\n\"property\" means any legal or equitable estate or\ninterest (whether present or future and\nwhether vested or contingent) in real or\npersonal property of any description;\n\"rights\" means all rights, powers, privileges and\nimmunities, whether actual, contingent or\nprospective;\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsPart 1—Preliminary\nMarcus Oldham College Act 1995\nAct No. 81/1995\n3\n\"trust\" means the trusts set out in clause 6 of the\nwill of Marcus William Oldham, deceased,\nas varied by an order made by the Supreme\nCourt on 20 July 1979;\n\"trustees\" means the trustees for the time being\nof the trust;\n\"unincorporated College\" means Marcus\nOldham Farm Management College\n(sometimes known as \"Marcus Oldham\nCollege of Farm Management\" and by other\nnames) as established and existing\nimmediately before the commencement of\nPart 2 including all land or other property\nvested in, held by or belonging to the trustees\nunder, or in connection with, the trust and all\nmoney and securities held by the trustees as\nbelonging to or forming part of any fund\nheld under, or in connection with, the trust;\n\"will\" includes a codicil and any testamentary\ndisposition.\n__________________\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsPart 2—Marcus Oldham College as Successor of Unincorporated College\nMarcus Oldham College Act 1995\nAct No. 81/1995\n4\nPART 2—MARCUS OLDHAM COLLEGE AS SUCCESSOR OF\nUNINCORPORATED COLLEGE\n4. Transfer of assets and liabilities of unincorporated\nCollege\nSubject to this Part, on and from the\ncommencement of this Part—\n(a) all property and rights of the trustees or the\nCouncil in, or in relation to, the\nunincorporated College vest in Marcus\nOldham College subject to the encumbrances\n(if any) to which they were subject\nimmediately before so vesting;\n(b) all liabilities (wherever located) of the\ntrustees or the Council in, or in relation to,\nthe unincorporated College vest in Marcus\nOldham College and the rights to which the\ntrustees were, or the Council was, entitled in\nrespect of those liabilities immediately\nbefore they ceased to be liabilities of the\ntrustees or the Council (as the case requires)\nvest in Marcus Oldham College;\n(c) the trustees are severally discharged from\nany joint or several liability in relation to the\nunincorporated College including any\nobligation (whether arising under the will\nthat created the trust or otherwise) to apply\nthe land, buildings, funds or other property\nvested in, held by or belonging to them as\ntrustees for or in connection with the\noperation of the unincorporated College;\n(d) Marcus Oldham College is the successor in\nlaw of the Council and of the trustees in\nrelation to the unincorporated College;\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsPart 2—Marcus Oldham College as Successor of Unincorporated College\nMarcus Oldham College Act 1995\nAct No. 81/1995\n5\n(e) any scholarship, prize or bursary of a\ncontinuing nature administered by the\ntrustees, the unincorporated College or the\nCouncil and existing immediately before that\ncommencement shall be administered by\nMarcus Oldham College as if it were a\nscholarship, prize or bursary of Marcus\nOldham College, but otherwise in\naccordance with the terms and conditions to\nwhich it was subject immediately before that\ncommencement;\n(f) all contracts, deeds, bonds, agreements,\narrangements, guarantees and other\ninstruments (except contracts, agreements or\narrangements relating to the members of\nstaff of the unincorporated College) made or\nentered into by, on behalf of, or in relation to\nthe trustees, the unincorporated College or\nthe Council and in force immediately before\nthat commencement have effect as if made or\nentered into by, on behalf of, or in relation\nto, Marcus Oldham College;\n(g) all actions, claims, arbitrations, applications\nand other proceedings (including\nproceedings on appeal or review) pending or\nexisting immediately before that\ncommencement by, against, or in relation to\nthe trustees, the unincorporated College or\nthe Council have effect as if they were\nproceedings by, against, or in relation to\nMarcus Oldham College, and may be\ncontinued and completed accordingly;\n(h) any permit, licence or authority of any kind\nwhatsoever issued or granted to the trustees,\nthe unincorporated College or the Council by\nor under any Act continues to operate,\ndespite anything in this Act, in favour of\nMarcus Oldham College in the same way\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsPart 2—Marcus Oldham College as Successor of Unincorporated College\nMarcus Oldham College Act 1995\nAct No. 81/1995\n6\nand to the same extent as it operated in\nfavour of the trustees, the unincorporated\nCollege or the Council;\n(i) all records and documents of the trustees, the\nunincorporated College or the Council\nbecome the property of Marcus Oldham\nCollege;\n(j) unless the contrary intention appears, a\nreference to the trustees or to the\nunincorporated College or to the Council is\ndeemed to be a reference to Marcus Oldham\nCollege if the reference—\n(i) is in an Act, other than this Act, a\nsubordinate instrument within the\nmeaning of the Interpretation of\nLegislation Act 1984, a judgment or\norder or any other document whatever;\nand\n(ii) is in relation to a period occurring on or\nafter that commencement.\n5. Land to vest in Marcus Oldham College\n(1) On the commencement of this Part, the property\nand rights of the trustees in the land described in\nthe folio of the Register set out below vest in\nMarcus Oldham College subject to the\nencumbrances (if any) to which they were subject\nimmediately before so vesting.\nVolume Folio\n9923 605\n(2) On the commencement of this Part, the property\nand rights of the trustees in the land being Lot 2\non Plan of Subdivision dated 1 March 1965 and\ndeposited in the Office of the Registrar–General in\nCorrespondence No. 65/8805 and being the land\ndescribed in Conveyance No. 106 Book 816 vest\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsPart 2—Marcus Oldham College as Successor of Unincorporated College\nMarcus Oldham College Act 1995\nAct No. 81/1995\n7\nin Marcus Oldham College subject to the\nencumbrances (if any) to which they were subject\nimmediately before so vesting.\n(3) The provisions of this section are in addition to,\nand not in derogation from, the provisions of\nsection 4.\n6. Cancellation of trust and abolition of Council\n(1) On the commencement of this Part, by force of\nthis (1)sub-section—\n(a) the trust shall be cancelled and the trustees\nshall go out of office; and\n(b) the Council shall be abolished and its\nmembers shall go out of office.\n(2) A person who, immediately before the\ncommencement of this Part, was a trustee or\nmember of the Council is entitled to be\nindemnified by Marcus Oldham College in respect\nof any personal liability arising out of the\nexecution in good faith of the duties, powers,\nauthorities and discretions conferred or imposed\non him or her as a trustee or member of the\nCouncil to the same extent and in the same\ncircumstances as he or she was entitled to be\nindemnified by the unincorporated College before\nthat commencement.\n7. Gifts, trusts etc.\nIf—\n(a) before or after the commencement of this\nPart—\n(i) a gift, disposition or trust of property is\nmade or declared or is deemed to have\nbeen made or declared; or\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsPart 2—Marcus Oldham College as Successor of Unincorporated College\nMarcus Oldham College Act 1995\nAct No. 81/1995\n8\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 unincorporated College; and\n(b) the gift, disposition, trust or trust fund takes\neffect, or may make effect, or the trust fund\nmay be applied, on or after that\ncommencement—\nthe gift, disposition, trust or trust fund does not\nfail only because of the provisions of this Part, but\non or after that commencement—\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 Marcus Oldham College\nfor a purpose of Marcus Oldham College that\ncorresponds with, or is similar to, those\npurposes of the unincorporated College for\nwhich it was made or declared; or\n(d) in the case of a trust fund, may be applied as\nif created in favour of Marcus Oldham\nCollege for a purpose of Marcus Oldham\nCollege that corresponds with, or is similar\nto, those purposes of the unincorporated\nCollege for which the fund was created.\n8. Staff of unincorporated College\n(1) On the commencement of this Part, a person who,\nimmediately before that commencement, was a\nmember of the staff employed by the\nunincorporated College or the Council, becomes a\nmember of the staff of Marcus Oldham College.\n(2) A person who becomes a member of the staff of\nMarcus Oldham College under sub-section (1)—\n(a) is a member of the staff of Marcus Oldham\nCollege with remuneration no less than the\nperson was receiving or was entitled to\ns. 8\n\nVictorian Legislation and Parliamentary DocumentsPart 2—Marcus Oldham College as Successor of Unincorporated College\nMarcus Oldham College Act 1995\nAct No. 81/1995\n9\nreceive as a member of the staff of the\nunincorporated College immediately before\nthe commencement of this Part, and on terms\nand conditions no less favourable than those\nof the person's appointment at the\nunincorporated College; and\n(b) continues to have the benefit of all\nentitlements (including all entitlements\narising from recognition of prior service with\nother bodies) accrued in respect of the\nperson's appointment at the unincorporated\nCollege before that commencement.\n(3) A person transferred under sub-section (1) who,\nimmediately before the transfer, was an officer\nwithin the meaning of the State Superannuation\nAct 1988, continues, subject to that Act, to be an\nofficer within the meaning of that Act, while he or\nshe continues as a member of staff of Marcus\nOldham College.\n9. Students of unincorporated College\n(1) A person who, immediately before the\ncommencement of this Part, was enrolled as a\nstudent of the unincorporated College becomes a\nstudent of Marcus Oldham College.\n(2) A person who, immediately before the\ncommencement of this Part, was entitled to enrol\nas a student of the unincorporated College is\nentitled to apply for enrolment as a student of\nMarcus Oldham College in a course of study that\nis the same or substantially the same as that in\nwhich he or she was entitled to enrol at the\nunincorporated College.\ns. 9\n\nVictorian Legislation and Parliamentary DocumentsPart 2—Marcus Oldham College as Successor of Unincorporated College\nMarcus Oldham College Act 1995\nAct No. 81/1995\n10\n10. Amendment of Register\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 that are necessary because of the\noperation of this Part.\n(2) The Registrar–General must make all entries on\nthe records of enrolment of any Crown grant and\non any memorial relating to land that are\nnecessary because of the operation of this Part.\n11. Taxes\nNo stamp duty or other tax is chargeable under\nany Act in respect of anything effected by or done\nunder this Act or in respect of any act or\ntransaction connected with or necessary to be\ndone by reason of this Act, including a transaction\nentered into or an instrument made, executed,\nlodged or given, for the purpose of, or connected\nwith the transfer of property, rights or liabilities of\nthe trustees or the Council.\n12. Precedence of Act\nThe provisions of this Act have effect despite\nanything to the contrary in the terms of the trust or\nin any Act, instrument or rule of law.\n═══════════════\ns. 10\n\nVictorian Legislation and Parliamentary DocumentsMarcus Oldham College Act 1995\nAct No. 81/1995\n11\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 1 November 1995\nLegislative Council: 15 November 1995\nThe long title for the Bill for this Act was \"A Bill to provide for the transfer\nof certain trust property to Marcus Oldham College A.C.N. 071 444 409, to\ncancel the trust created by the will of Marcus William Oldham, deceased, and\nfor other purposes.\"\nThe Marcus Oldham College Act 1995 was assented to on 28 November\n1995 and came into operation as follows:\nPart 1 (sections 1–3) on 28 November 1995: section 2(1); rest of Act on\n1 February 1996: Government Gazette 21 December 1995 page 3571.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsMarcus Oldham College Act 1995\nAct No. 81/1995\n12\n2. Table of Amendments\nThere are no amendments made to the Marcus Oldham College Act 1995\nby Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsMarcus Oldham College Act 1995\nAct No. 81/1995\n13\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited metadata provided, there is no evidence that the scope of the Act changed from its original intent. The Act appears to have remained focused on its original purpose of establishing and governing Marcus Oldham College since its creation in 1995."},"complexity_factors":["Insufficient legislative text was provided — only metadata and version history were included, preventing full analysis","Institutional establishment acts are typically straightforward in structure","Single-purpose legislation focused on one specific college","No amending provisions or complex cross-references visible in the provided text"],"plain_english_summary":"Marcus Oldham College Act 1995 creates the legal foundation recognizing Marcus Oldham College as a corporate educational institution in Victoria, enabling it to operate, govern itself, and deal in its own name.  \n\nIt primarily affects the college’s students, staff, management, and third parties who contract with or rely on its qualifications."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act implements its stated purpose (s1) to transfer trust property to the company and cancel the trust. Endnotes record no amendments to the Act, and the provisions operate to vest assets, liabilities and records in the company and to abolish the trustees/Council (ss4–6), so scope has not been altered from that stated intent."},"complexity_factors":["Broad vesting clause that transfers all property, rights and liabilities to the company (s4) — legal effect is wide but mechanically simple.","Specific vesting of identified land parcels requiring title amendments (s5; s10) adds administrative steps.","Preservation of staff and student terms and continuity of superannuation status (s8–s9) introduces employment-law and statutory-record interactions.","Indemnity for outgoing trustees/Council members (s6(2)) creates contingent obligations to be administered.","Treatment of gifts and trust funds to maintain charitable or purpose continuity (s7) requires interpretation of donor intent against new corporate purposes.","Exemption from stamp duty and tax consequences for transfer transactions (s11) affects transaction costs and record-keeping.","Precedence clause making the Act override contrary trust terms or other instruments (s12) raises potential conflicts with existing instruments or laws."],"plain_english_summary":"This Act makes Marcus Oldham College (a company) the legal successor to the unincorporated Marcus Oldham College by vesting in the company the trustees' property, rights and liabilities and by cancelling the original trust and Council (s1; ss4,6). Practically, the company assumes debts and encumbrances, administers existing scholarships, takes on staff and students on their existing terms, requires title/register updates, and is exempted from stamp duty for the transfer transactions (ss4–11)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: transferring Marcus Oldham College from trust to corporate structure. No amendments have been made since enactment, and the scope has not expanded beyond the single institutional restructuring described in the Preamble."},"complexity_factors":["Short statute: only 12 sections across 13 pages","Single-purpose legislation with narrow, specific application (one institution only)","Minimal defined terms (9 definitions in section 3, mostly standard legal concepts like 'property' and 'rights')","Straightforward conditional logic: most provisions triggered by a single event (commencement of Part 2)","No nested exceptions or complex cross-referencing between Parts","Some technical land registration details (specific volume/folio numbers and conveyance references in section 5) but these are explicit rather than complex","Simple succession mechanism: blanket vesting of assets, liabilities, rights and obligations in section 4"],"plain_english_summary":"This Act is a **corporate restructuring law** that converted Marcus Oldham College from an old-fashioned trust structure into a modern company.\n\n**What it does:**\n- **Transfers all property** — land, buildings, money, and assets — from the original trustees (who managed the College under a will from 1939) to a new company called \"Marcus Oldham College\" (a company limited by guarantee, meaning it has no shareholders and reinvests profits into the College).\n- **Cancels the original trust** — the legal arrangement created by Marcus William Oldham's will in 1939 is wound up, and the trustees are discharged from their duties.\n- **Abolishes the Council** — the governing body of the old unincorporated College is dissolved.\n- **Protects everyone involved** — staff keep their jobs, pay, and superannuation; students remain enrolled or keep their right to enrol; ongoing scholarships continue under the new company.\n- **Handles the paperwork** — all contracts, legal proceedings, permits, and land titles automatically transfer to the new company without needing to be re-signed or re-registered (though the land titles office must update its records).\n- **Makes it tax-free** — no stamp duty or other taxes apply to any of these transfers.\n\n**Who it affects:**\n- The trustees (who are released from their responsibilities)\n- Staff and students of the College (whose rights are protected)\n- Anyone who had made gifts or set up trusts for the old College (these now apply to the new company instead)\n\n**Why it matters:**\nThis allowed a respected agricultural college to modernise its legal structure. Operating as a company rather than a trust makes governance clearer, limits personal liability for managers, and makes it easier to enter contracts, borrow money, and operate in the modern world — all while preserving the College's original educational purpose."}},"importantCases":[],"_links":{"self":"/api/acts/marcus-oldham-college-act-1995","history":"/api/acts/marcus-oldham-college-act-1995/history","analysis":"/api/acts/marcus-oldham-college-act-1995/analysis","conflicts":"/api/acts/marcus-oldham-college-act-1995/conflicts","importantCases":"/api/acts/marcus-oldham-college-act-1995/important-cases","documents":"/api/acts/marcus-oldham-college-act-1995/documents"}}