Victorian Legislation and Parliamentary Documentsi
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 1
Commencement 2
Definitions 2
PART 2—MARCUS OLDHAM COLLEGE AS SUCCESSOR OF
UNINCORPORATED COLLEGE 4
Transfer of assets and liabilities of unincorporated College 4
Land to vest in Marcus Oldham College 6
Cancellation of trust and abolition of Council 7
Gifts, trusts etc. 7
Staff of unincorporated College 8
Students of unincorporated College 9
Amendment of Register 10
Taxes 10
Precedence of Act 10
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ENDNOTES 11
General Information 11
Table of Amendments 12
Explanatory Details 13
Victorian Legislation and Parliamentary Documents1
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
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.
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Marcus Oldham College Act 1995
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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;
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"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;
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(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
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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
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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
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(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
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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.
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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
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.
Endnotes
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2. Table of Amendments
There are no amendments made to the Marcus Oldham College Act 1995
by Acts and subordinate instruments.
Endnotes
Victorian Legislation and Parliamentary DocumentsMarcus Oldham College Act 1995
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3. Explanatory Details
No entries at date of publication.
Endnotes