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 1
1 Purpose 1
2 Commencement 1
3 Definitions 1
PART 2—AUSTRALIAN CATHOLIC UNIVERSITY 3
4 Awards of the University 3
5 Power to make statutes 4
6 Fines and payment of compensation 5
7 No religious test or political discrimination 6
8 Investment common funds 6
9 Terms of trust to prevail 7
PART 3—UNIVERSITY AS SUCCESSOR OF THE INSTITUTE 8
10 Transfer of assets and liabilities of the Institute 8
11 Gifts, trusts etc. 9
12 Land used by the Institute 10
13 Amendment of Register etc. 11
SCHEDULE 13
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i
Section Page
ENDNOTES 14
General Information 14
Table of Amendments 15
Explanatory Details 16
ii
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
1 Purpose
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 Victoria1; 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.
2 Commencement
This Act comes into operation on a day to be
proclaimed.
3 Definitions
In this Act—
appointed Day means the day on which section 10
comes into operation;
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Part 1—Preliminary
Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
s. 3
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;
S. 3 def. of
constituent
documents
substituted by
No. 44/2001
s. 3(Sch.
item 8(a)).
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;
S. 3 def. of
University
amended by
No. 44/2001
s. 3(Sch.
item 8(b)).
Vice-Chancellor has the same meaning as in the
constituent documents of the University.
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Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
s. 4
PART 2—AUSTRALIAN CATHOLIC UNIVERSITY
4 Awards 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.
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Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
s. 5
5 Power 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.
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Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
s. 6
(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.
6 Fines 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.
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Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
s. 7
7 No 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.
8 Investment 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
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Australian Catholic University (Victoria) Act 1991
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s. 9
(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.
9 Terms 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
Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
s. 10
PART 3—UNIVERSITY AS SUCCESSOR OF THE INSTITUTE
10 Transfer 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
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s. 11
(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.
11 Gifts, 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
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Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
s. 12
(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.
12 Land 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.
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s. 13
(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.
13 Amendment 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.
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s. 13
(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.
Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
Endnotes
ENDNOTES
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.
14
Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Australian Catholic
University (Victoria) Act 1991 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
Current State: This information relates on to the provision/s
amending the Australian Catholic University
(Victoria) Act 1991
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
15
Australian Catholic University (Victoria) Act 1991
No. 24 of 1991
Endnotes
3. Explanatory Details
1 S. 1(a)(i): See regulation 4 of the Corporations (Ancillary Provisions)
Regulations 2001, S.R. No. 63/2001.
16