Victorian Legislation and Parliamentary Documentsi
Version No. 001
Trinity College Act 1927
Act No. 3529/1927
Version incorporating amendments as at 26 February 2003
TABLE OF PROVISIONS
Section Page
Short title 4
Declaration of effect of Crown grant and trusts for
scholarships etc. 4
Amendment of memorandum of association of the Trinity
College (Melbourne) Trusts Corporation 5
Vesting of land in the corporation 5
Construction of Crown grant 7
SCHEDULE 8
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ENDNOTES 9
General Information 9
Table of Amendments 10
Explanatory Details 11
Victorian Legislation and Parliamentary Documents1
Version No. 001
Trinity College Act 1927
Act No. 3529/1927
Version incorporating amendments as at 26 February 2003
An Act relating to a College affiliated to and connected with the
University of Melbourne and known as Trinity College.
Preamble
WHEREAS the land described in the Schedule to
this Act (being portion of the ground referred to in
an Order in Council of the twenty-third day of
December One thousand eight hundred and sixty-
one as set apart for affiliated colleges) was
temporarily reserved from sale pursuant to Order
in Council of the sixteenth day of July One
thousand eight hundred and sixty-six1 as a site for
an affiliated college at Melbourne in connexion
with the Church of England denomination and was
pursuant to Order in Council of the thirteenth day
of November One thousand eight hundred and
seventy-one2 permanently reserved as a site for
Church of England affiliated college purposes:
AND WHEREAS in order to promote sound
learning and education in the colony of Victoria
and to provide a site for a college affiliated to and
connected with the University of Melbourne for
the education residence and benefit of members of
the United Church of England and Ireland in
Victoria (hereinafter referred to as "the said
church") and for offices and conveniences and
pleasure and recreation grounds in connexion with
such college the said land, by Crown grant of the
thirteenth day of November One thousand eight
hundred and seventy-one (hereinafter referred to as
"the said Crown grant") entered in the register
book of the office of titles, volume 464,
folium 92719, was granted to the trustees named
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Trinity College Act 1927
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in the said Crown grant and their heirs upon the
trusts and subject to the conditions provisions and
declarations therein mentioned including inter alia
a condition that the said land and the buildings for
the time being thereon should be at all times
thereafter maintained and used as and for a college
affiliated to and connected with the University of
Melbourne for the education residence and benefit
of members of the said Church and offices and
conveniences and pleasure and recreation grounds
connected with such college under and in
accordance with such regulations as should from
time to time be made by the trustees named in the
said Crown grant or the survivors of them or other
the trustees for the time being of the said land and
premises (such survivors or other trustees not
being less than two in number at the making of
such regulations) and for no other purpose
whatsoever:
AND WHEREAS a college known as Trinity
College (hereinafter referred to as "the said
college") is affiliated to and connected with the
University of Melbourne and buildings have been
erected on the said land in connexion with the said
college:
AND WHEREAS from time to time in connexion
with the said college certain gifts have been made
and certain scholarships exhibitions bursaries and
prizes have been established pursuant to terms
conditions provisions regulations or declarations of
instruments of trust or other documents whereby
the benefits thereof are not restricted to members
of the said Church:
AND WHEREAS it has been the practice of the
governing body of the said college to admit
students to the said college without distinction of
religious belief and to permit students to hold or to
enjoy the benefits of the said gifts scholarships
exhibitions bursaries and prizes in conformity with
the terms conditions provisions regulations or
Preamble
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declarations of the particular instrument of trust or
other document applicable to the same:
AND WHEREAS doubts have arisen whether such
practice is in accordance with the said Crown grant
and it is expedient in order to remove such doubts
to provide that the said Crown grant shall be read
and construed and shall be deemed to have been
read and construed as hereinafter enacted:
AND WHEREAS a corporation has been formed
as a limited company registered under the
Companies Act 1915 with the name of The Trinity
College (Melbourne) Trusts Corporation
(hereinafter referred to as "the said corporation"):
AND WHEREAS it is inter alia provided in effect
in the memorandum of association of the said
corporation that the said corporation shall not
accept any transfer conveyance assurance or
assignment of and shall not act as custodian trustee
in respect of the original site of the said college
under the said Crown grant:
AND WHEREAS it is expedient to amend the said
memorandum of association so as to permit the
said corporation to hold as trustee the original site
of the said college as hereinafter enacted and to
provide for the vesting of the land forming the said
site in the said corporation accordingly:
AND WHEREAS it is expedient to make further
provision as hereinafter enacted:
AND WHEREAS the trustees for the time being
under the said Crown grant and the said
corporation respectively have assented to the
provisions hereinafter enacted:
BE IT THEREFORE ENACTED by the King's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Preamble
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Short title
This Act may be cited as the Trinity College Act
Declaration of effect of Crown grant and trusts for
scholarships etc.
For removing doubts it is hereby declared that—
(a) the said Crown grant and any instruments of
trust or other documents under which the
hereinbefore mentioned gifts have been
made and the hereinbefore mentioned
scholarships exhibitions bursaries and prizes
have been established shall for all purposes
be and be deemed to be read and construed
as if it were and had at all times been lawful
to admit students to the said college without
distinction of religious belief and to permit
students to hold or to enjoy the benefits of
the said gifts scholarships exhibitions
bursaries and prizes in conformity with the
terms conditions provisions regulations or
declarations of the particular instrument of
trust or other document applicable to the
same;
(b) admission to the said college shall not be
refused to students by reason only of any
distinctions of religious belief; and
(c) unless otherwise expressly provided by the
terms conditions provisions regulations or
declarations of the particular instrument of
trust or other document applicable to the
same, admission to the benefits of any gifts
heretofore or hereafter made or of any
scholarship exhibition studentship bursary or
prize heretofore or hereafter established in
connexion with the said college shall not be
s. 1
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refused by reason only of any distinctions of
religious belief:
Provided that all students of the said college shall
be subject to any rules and regulations for the
government of the said college made from time to
time by the governing body thereof and for the
time being in force.
3. Amendment of memorandum of association of the
Trinity College (Melbourne) Trusts Corporation
(1) The memorandum of association of the said
corporation shall be read and construed as if the
words and figures "(not being the original site of
the said College under Crown Grant dated
13th November, 1871, and entered in the Register
Book, Vol. 464, Fol. 92719)" (wherever
occurring) were omitted therefrom.
(2) The Registrar-General on the copy of the
memorandum of association of the said
corporation registered under the Companies Acts
in the office of the Registrar-General shall make
an endorsement to the effect of this section.
4. Vesting of land in the corporation
(1) The said corporation is hereby appointed the sole
trustee of the land described in the Schedule to
this Act in substitution for the trustees thereof
immediately preceding the commencement of this
Act and the said lands shall on and after the
commencement of this Act and by virtue of this
Act and without further or other transfer be vested
in the said corporation as such sole trustee for an
estate in fee simple.
s. 3
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(2) Subject to and in accordance with this Act the said
corporation—
(a) shall hold the said land upon the trusts and
subject to the conditions provisions and
declarations set forth in the said Crown
grant;
(b) shall have the same powers authorities and
discretions and may in all respects act as if it
had been originally appointed the sole trustee
of the said land by the said Crown grant; and
(c) shall be subject to the same respective duties
and obligations as those to which any
individual acting as trustee of the said land
under the said Crown grant would be subject,
and all the provisions of the common and
statute law applying to individuals acting as
such trustees shall apply to the said
corporation when acting in that capacity:
Provided that where any individual acting as such
a trustee would be liable in his own proper person
to attachment or commitment or to any process
the members of the board of management of the
said corporation shall when the said corporation is
acting in that capacity be liable each for his own
individual act and not further or otherwise in his
own proper person to attachment commitment or
other process.
(3) Upon application to the Registrar of Titles in that
behalf by the said corporation and production of
the duplicate copy of the said Crown grant and
upon payment of the requisite fees but without
production of any instrument of transfer of the
said land the Register of Titles shall register the
said corporation as the proprietor of the said land
by making such recordings in the Register as he
may consider necessary.
s. 4
S. 4(3)
amended by
No. 18/1989
s. 13(Sch. 2
item 92).
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5. Construction of Crown grant
For the purposes of carrying the provisions of this
Act into full effect the said Crown grant shall be
read and construed and take effect for all purposes
with any necessary alterations modifications and
substitutions.
s. 5
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SCHEDULE3
Land permanently reserved as a site for Church of England affiliated College
purposes (vide "Government Gazette" of the 10th November, 1871,
page 1985).
Ten acres twelve perches, county of Bourke, city of Melbourne, at Carlton:
Commencing at the north-west angle of the University reserve, being a point
on the eastern side of the Sydney-road; bounded thence by that road bearing
N. 2° 20' W. nine chains forty-six links; thence by College-crescent bearing
north-easterly four chains twenty links in an arc of a circle whose radius is
thirteen chains sixty-six links, and whose centre lies easterly of that arc;
thence by a line bearing S. 74° 43' E. eight chains; thence by a line bearing
south-westerly one chain seventy-four links in an arc of a circle whose radius
is five chains sixty-six links, and whose centre lies easterly of that arc; thence
by a line bearing S. 2° 20' E. nine chains seventy-nine links to the north
boundary of the aforesaid University reserve; and thence by that boundary
bearing west eight chains to the point of commencement; as shown on the
plan deposited at the Crown Lands Office, Melbourne.
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Preamble,
section 4.
Sch.
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ENDNOTES
General Information
The Trinity College Act 1927 was assented to on 21 November 1927 and
came into operation on 21 November 1927.
Endnotes
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Trinity College Act 1927
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2. Table of Amendments
This Version incorporates amendments made to the Trinity College Act
1927 by Acts and subordinate instruments.
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Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89
Date of Commencement: 3.2.92: Government Gazette 18.12.91 p. 3488
Current State: All of Act in operation
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Endnotes
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3. Explanatory Detail
1 Preamble: Government Gazette 24 July 1866 page 1531.
2 Preamble: Government Gazette 10 November 1871 page 1985.
3 Schedule: Section 2 of the Trinity College Act 1957, No. 6057/1957 reads
as follows:
2. Power to dispose of land described in Schedule to
the Trinity College Act 1927
(1) Notwithstanding anything in the Land Acts or in
the Crown grant of the land concerned the
hereinbefore recited corporation may mortgage
charge sell transfer convey lease exchange or
dispose of the whole or any part of the land
described in the Schedule to the Principal Act
freed and discharged from all trusts limitations
and reservations affecting such land, but shall not
exercise any such power without the consent of
the Governor in Council thereunto having been
first obtained.
(2) Subject to the exercise of any such power and to
the provisions of the last preceding sub-section the
said land while held by the corporation shall be
used for the purpose for which it was granted by
the Crown.
(3) The proceeds of any such disposition shall be
applied exclusively for the purposes of an
affiliated college in connexion with the University
of Melbourne or for other educational purposes of
a kindred nature.
Endnotes