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Monash University Calendar
- Statutes
Monash University (Chisholm and Gippsland) Act 1990
No. 22 of 1990
The Parliament of Victoria enacts as follows:
Part 1 - Preliminary
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1. Purposes
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The purposes of this Act are -
(a) to provide for the merger
of the Chisholm Institute of Technology and the Gippsland Institute
of Advanced Education with Monash University; and
(b) to enable Monash University to constitute by Statute
an institution to be known as the Monash University College
Gippsland in place of the former Gippsland Institute of Advanced
Education; and
(c) to make various amendments to the Monash University
Act 1958.
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2. Commencement
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(1) Parts 1 and 4 come into operation on the day on which
this Act receives the Royal Assent.
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(2) Parts 2 and 3, except section 18, come into operation
on 1 July 1990.
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(3) Section 18 comes into operation on 1 July 1991.
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3. Definitions
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In this Act -
Appointed Day means 1 July 1990.
Chisholm means the Chisholm Institute of Technology.
Gippsland means the Gippsland Institute of Advanced Education.
Merging Institute means -
(a) Chisholm;
(b) Gippsland.
Monash means Monash University.
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Part 2 - Merger
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4. Transfer of Chisholm and Gippsland assets
and liabilities
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Subject to this Act, on and from the Appointed
Day -
(a) each Merging Institute and its Council is dissolved
and Monash is the successor in law of the Merging Institute
and its Council; and
(b) the assets and rights of each Merging Institute or its
Council vest in Monash; and
(c) the liabilities and obligations of each Merging Institute
or its Council become liabilities or obligations of Monash;
and
(d) any scholarship, prize or bursary of a continuing nature
administered by a Merging Institute or its Council and existing
immediately before the Appointed Day shall be administered
by Monash as if it were a scholarship, prize or bursary of
Monash, 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 a Merging
Institute) made or entered into by, on behalf of, or in relation
to a Merging 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 Monash; and
(f) all actions, claims, arbitrations, applications and
other proceedings (including proceedings on appeal or review)
pending or existing immediately before the Appointed Day
by, against, or in relation to a Merging Institute or its
Council have effect as if they were proceedings by, against,
or in relation to Monash, and may be continued and completed
accordingly; and
(g) any permit, licence or authority of any kind whatsoever
issued or granted to a Merging Institute or its Council by
or under any Act continues to operate, despite anything in
this Act, in favour of Monash in the same way and to the
same extent as it operated in favour of the Merging Institute
or its Council; and
(h) unless the contrary intention appears, a reference to
a Merging Institute or to the Council of a Merging Institute
is deemed to be a reference to Monash 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 the
Appointed Day; and
(i) all records and documents of each Merging Institute
or its Council become the property of Monash.
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5. Gifts, trusts etc.
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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
(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, a Merging Institute;
and
(b) the gift, disposition, trust 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 other 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 Monash
for a purpose of Monash that corresponds with, or is similar
to, those purposes of the Merging 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 Monash for a purpose of Monash
that corresponds with, or is similar to, those purposes of
the Merging Institute for which the fund was created.
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6. Transitional Council Membership |
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(1) On the Appointed Day, despite anything to
the contrary in the Monash University Act 1958, a person who
is a member of the Council of Monash in office immediately
before that day -
(a) continues, subject to section 14 of that
Act, as a member of that Council until 1 July 1991; and
(b) will not cease to hold office by reason
only that he or she ceases to hold the qualification which
entitled him or her to be appointed or elected as, or to
be ex officio, a member of the Council of Monash.
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(2) On the Appointed Day, despite anything to
the contrary in the Monash University Act 1958, a person who
is an elected or appointed member of the Council of Chisholm
immediately before that day, becomes a member of the Council
of Monash and -
(a) continues, subject to section 14 of that
Act, as a member of that Council until 1 July 1991; and
(b) will not cease to hold office by reason only that he
or she ceases to hold the qualification which entitled him
or her to be appointed or elected as a member of the Council
of Chisholm.
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(3) If a person who was a member of the Council
of Monash by reason of subsection (1) or (2) ceases to be a
member of that Council before 1 July 1991 -
(a) in the case
of a person who was a member by reason of subsection (1),
the Council may co-opt a person nominated by the majority
of the members of the Council holding office by reason of
subsection (1) to full the vacancy, and
(b) in the case of a person who was a member by reason of
subsection (2), the Council may co-opt a person nominated
by the majority of the members of the Council holding office
by reason of subsection (2) to fill the vacancy.
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(4) On and from the Appointed Day -
(a) the person
who was the President of the Council of Gippsland immediately
before that day; and
(b) a person who was a member of that Council before that
day and who was elected by that Council before that day to
be a member of the Council of Monash -
become members of the Council of Monash.
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(5) All members of the Council of Monash holding
office on 30 June 1991 go out of office on that date but are
eligible for re-election or re-appointment, or to hold office
ex officio, as members of that Council.
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7. Staff of Chisholm and Gippsland |
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(1) On the Appointed Day, a person who, immediately
before that day, was a member of the staff employed by a Merging
Institute or its Council, becomes a member of the staff of
Monash.
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(2) A person who becomes a member of the staff
of Monash under subsection (1) -
(a) is a member of the staff
of Monash with remuneration no less than the person was receiving
or was entitled to receive as a member of the staff of a
Merging Institute immediately before the Appointed Day, and
on terms and conditions no less favourable than those of
the person's appointment in the Merging Institute; 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
in the Merging Institute before the Appointed Day; and
(c) if the person was, immediately before the Appointed
Day, an officer within the meaning of the State Superannuation
Act 1988, the person continues, subject to that Act, to be
an officer within the meaning of that Act, while he or she
continues as a member of the staff of Monash.
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8. Students of Chisholm and Gippsland |
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(1) On the Appointed Day, a person who, during
1990, was a student of a Merging Institute and has not ceased
to be a student of the Merging Institute at that day, becomes
a student of Monash.
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(2) Despite anything to the contrary in the Monash
University Act 1958 -
(a) statutes or regulations made under that Act by the Council
of Monash may authorise the Council, at the request of a
person who becomes a student of Monash by reason of subsection
(1), to confer on the student, subject to and in accordance
with the statutes and regulations, a degree, diploma, certificate
or other award under a name that includes the title of the
award and the words 'Chisholm Institute of Technology' or
'Gippsland Institute of Advanced Education' as the case requires;
and
(b) the powers of the Council of Monash under section 23
of that Act extend to the conferring of any award on a person
who becomes an enrolled student of Monash by reason of subsection
(1) that a Merging Institute might have conferred on the
person if this Act had not been enacted; and
(c) a person who holds a degree or diploma of a Merging
Institute is entitled to the same benefits and privileges
at Monash as are enjoyed by persons holding degrees or diplomas
of Monash, as if the degree or diploma of the Merging Institute
were a degree or diploma of Monash.
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(3) A person who immediately before the Appointed
Day was enrolled as a graduate of a Merging Institute is entitled
to the same benefits and privileges as a graduate of Monash.
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(4) If a person was before the Appointed Day
entitled to a degree, diploma, certificate or other award of
a Merging Institute that had not been conferred or granted,
the degree, diploma, certificate or award must be granted by
the Council of Monash and, for that purpose, the Council of
Monash may exercise in the name of the Merging Institute any
power that the Council of the Merging Institute might have
exercised before the Appointed Day in respect of that degree,
diploma, certificate or other award.
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(5) A person who, at the Appointed Day, has any
right or entitlement to be enrolled as a student of a Merging
Institute has the equivalent right or entitlement to be enrolled
as a student of Monash.
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9. Indemnity of former members of Council of
Chisholm and Gippsland
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A person who, immediately before the Appointed
Day, was a member of the Council of a Merging Institute is
entitled to be indemnified by Monash in respect of any personal
liability arising out of the bona fide execution of the duties,
powers, authorities and discretions conferred or imposed on
him or her as a member of the Council of the Merging Institute
to the same extent and in the same circumstances as he or she
was entitled to be indemnified out of the assets of the Merging
Institute before the Appointed Day.
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10. Land used by Chisholm and Gippsland
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(1) On the Appointed Day, the land described
in Parts 1 and 2 of the Schedule vests in fee simple in Monash,
subject to the conditions, covenants, encumbrances, caveats,
limitations, exceptions, reservations and restrictions to which
the land was subject immediately before its vesting under this
subsection.
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(2) No compensation is payable by the Crown in
respect of anything done under or arising out of this section.
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11. Amendment of Register etc.
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(1) The Registrar of Titles, on being requested
to do so and 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 Act.
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(2) If the plan of consolidation lodged in the
Office of Titles and numbered CP 172272F is approved and a
single folio of the Register is created for the land on the
plan - (a) if the folio is created on or after the Appointed
Day, the folio must be in the name of Monash University; or
(b) if the folio is created before the Appointed Day, a
reference in the Schedule to the folios of the Register cancelled
following the approval of the plan of consolidation must
be taken to be a reference to the new folio of the Register
created for the land on the plan.
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(3) If, at the date of commencement of this section,
section 6 of the Transfer of Land (Computer Register) Act
1989 is not in operation, then until that section comes into operation
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(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 Act.';
and
(b) subsection (2) has effect as if it referred to a certificate
of title issued instead of a folio of the Register and to
a certificate of title issued instead of a folio of the Register
created; and
(c) the Schedule has effect as if it referred to certificates
of title instead of to folios of the Register.
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(4) Despite anything to the contrary in the Land
Act 1958, the Governor in Council as soon as may be after the
Appointed Day, on behalf of the Crown, may grant to Monash
the lands described as Reserved Crown Lands in Part 1 of the
Schedule for an estate in fee simple.
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(5) A Crown Grant under subsection (4) -
(a) may adjust the boundaries of the Reserved Crown Land in any
respect in order to overcome any defect found on survey; and
(b) may be made subject to such covenants, conditions, reservations,
exceptions and restrictions as the Governor in Council thinks
fit.
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12. Regulations of Merging Institutes |
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(1) The regulations of a Merging Institute in
force immediately before the Appointed Day, to the extent to
which they could be made as Statutes under the Monash University
Act 1958 and are not inconsistent with any Statutes or regulations
so made, continue to have effect -
(a) as if made as regulations under a Statute of Monash; and
(b) as if a reference to the Institute as a campus were
a reference to that campus; and
(c) as if any other reference to the Institute were a reference
to Monash.
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(2) Regulations continued in force under subsection
(1) -
(a) may be amended or revoked as if they were regulations
made under the Monash University Act 1958 and as if this section
were the Statute under which they were made; and
(b) unless sooner revoked, expire on 30 June 1991.
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13. Powers of Merging Institutes |
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Despite anything to the contrary in the constitution
of a Merging Institute or its Council, the Institute or Council
shall be deemed to have, and always to have had, power to do
all things it is authorised or empowered to do under and for
the purposes of this Act or necessary to be done for the purpose
of the merger with Monash in accordance with this Act.
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14. Revocation of Orders in Council |
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(1) The Order in Council incorporating a Council
called the Council of the Chisholm Institute of Technology
made on 2 March 1982 and published in the Government Gazette
on 3 March 1982 (as amended) is revoked.
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(2) The Order in Council constituting a Council
to be known as the Council of the Gippsland Institute of Advanced
Education made on 2 September 1986 and published in the Government
Gazette on 3 September 1986 is revoked.
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15. Amendment of Post-Secondary Education Act
1978 |
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(1) In Schedule 2 to the Post-Secondary Education
Act 1978, omit -
(a) 'Chisholm Institute of Technology'; and
(b) 'Gippsland Institute of Advanced Education'.
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Part 3 - Amendment of Monash University Act 1958
Principal Act No.
6184. Reprinted by No. 7533, amended by Nos
8181, 8494, 9212, 9861, 10109 and 121/ 1986
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16. In this Part, the Monash University
Act 1958 is called the Principal Act |
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17. Amendment of sections 2 and 5
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The Principal Act is amended as follows:
(a) In section 2, in the interpretation of 'Professor' after 'associate
professor' insert, 'an adjunct professor,';
(b) In section 5 (c) omit 'but so that the
standard for graduation in the University shall be at least
as high as prevails in the University of Melbourne'.
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18. Section 7 substituted
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For section 7 of the Principal Act substitute
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"7. Constitution of Council
(1) The Council shall consist of not more than forty-three
members as follows:
(a) eleven persons appointed by the Governor in Council
of whom -
(i) three shall be members of the Parliament of Victoria
recommended for appointment by a joint sitting of the members
of the Legislative Council and the Legislative Assembly conducted
in accordance with rules adopted for the purpose by the members
present at the sitting; and
(ii) eight shall be appointed as representing agricultural,
professional, industrial and commercial interests, including
one representing the interests of employees in commerce and
industry, being a person nominated by the members of the
body known as the Victorian Trades Hall Council;
(b) two members shall be persons elected in accordance with
the Statutes by the graduates of the University and shall
not include -
(i) a person whose sole or principal employment
is as a member of the staff of the University; or
(ii) a student;
(c) Not less than two nor more than four members shall be
appointed by co-option by the Council on the nomination or
joint nomination of the Advisory Council or Councils of any
University College or Colleges constituted under section
24A;
(d) three members shall be persons elected in accordance
with the Statutes from among their number by the professors;
(e) four members shall be persons each of whom shall be
elected, in accordance with the Statutes, from among their
number by such class or classes of members of the teaching
staff of the University (other than the professors) as is
or are prescribed in respect of such office by the Statutes;
(f) The Vice-Chancellor and President and (where he or she
is not otherwise a member of the Council) the Chancellor
shall be members ex officio;
(g) one member shall be a person appointed by the Minister
who shall be either the Chief Executive Officer of the Ministry
of Education or a deputy for the Chief Executive;
(h) Such number of members, not exceeding eight, as the
Council determines shall be persons appointed by co-option
by the Council and shall not include -
(i) any person whose sole or principal employment is as a member of the staff
of the University; or
(ii) a student;
(i) two members shall be deans of faculties appointed by
co-option by the Council;
(j) three members shall be persons each of whom shall be
elected in accordance with the Statutes from among their
number by such class or classes of members of the staff of
Monash (other than the teaching staff) as is or are prescribed
in respect of such office by the Statutes; and
(k) three members shall be persons each of whom shall be
elected, in accordance with the Statutes, from among their
number by such class or classes of students as is or are
prescribed in respect of such office by the Statutes.
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(2) In the case only of the first appointments,
elections and co-options of the members of the Council to take
effect on or after 1 July 1991 -
(a) such of the members appointed under subsection (1) (a) (ii) specified in that behalf by Order of the Governor in
Council, or co-opted under subsection (1) (c) or (h), shall
vacate office on 30 June in the year, being 1991, 1992, 1993
or 1994, specified in the Order of the Governor in Council
by which they are appointed, or by the Council at the time
of their co-option;
(b) such of the members elected under subsection (1) (b),
(d), (e) or (j) shall, subject to this Act, vacate office
on 30 June in one of the four years next following the election
as is specified by a Statute made in that behalf, and the
persons elected shall be allocated periods of office in the
order of their election, with the longest period being allocated
to the person first elected and so on in order of their election;
(c) one of the members co-opted by the Council under subsection
(1) (i) shall be co-opted until 30 June next occurring and
the person last elected under subsection (1) (k) shall vacate
the office on 30 June next occurring.
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(3) After the first appointments or elections
referred to in subsection (2), all appointments and elections
shall be for the terms provided by this Act, but all appointments
by co-option shall expire on 30 June."
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19. Deputy Chancellors
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The Principal Act is amended as follows:
(a) In section 17 (1) for 'one of its members to be the Deputy
Chancellor', substitute 'not more than three of its members
to be Deputy Chancellors';
(b) In section 17 (2) for 'the Deputy Chancellor' substitute
'a Deputy Chancellor';
(c) In section 27 (1D), for 'Deputy Chancellor' substitute
'Deputy Chancellors'.
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20. New section 18 substituted
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For section 18 of the Principal Act substitute
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"18. Chairing of Meetings
At a meeting of the Council, the Chancellor or, in his or
her absence, a Deputy Chancellor elected by the members present
at the meeting shall preside and, in the absence of the Chancellor
and all the Deputy Chancellors, the members of the Council
present at the meeting shall elect a chairman of the meeting."
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21. Vice-Chancellor and President
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(1) The Principal Act is amended as follows:
(a) In section 7 (f), after 'Vice-Chancellor' insert 'and President';
(b) In section 21, after 'Vice-Chancellor' insert 'and President';
(c) In section 27 (1D), after 'Vice-Chancellor' insert 'and
President';
(d) In section 39, after 'Vice-Chancellor' (wherever occurring)
insert 'and President'.
(e) In section 39A, after 'Vice-Chancellor' (wherever occurring)
insert 'and President'.
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(2) The office which immediately before the commencement
of this section was known as that of the Vice-Chancellor shall
on and after that commencement be known as that of the Vice-Chancellor
and President.
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(3) Despite the change of title, the office of
Vice-Chancellor and President is the same office as the office
of Vice-Chancellor and nothing done by, to or in relation to,
the Vice-Chancellor shall be affected by the change of title.
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22. New section 24A inserted |
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After section 24 of the Principal Act insert
- "24A. University Colleges
(1) The Council, by Statute -
(a) may constitute any part of the University as a University
College of the University; and
(b) may make such provision as it thinks fit for or with
respect to the governance of the University College, including,
without limiting the generality of the foregoing, the establishment
of an Advisory Council for the College to advise the Council
of the University on the management and development of the
College.
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(2) An Advisory Council of a University College,
despite anything in this Act -
(a) may by resolution constitute and appoint such committees (consisting wholly or partly of members of the Advisory Council) as it thinks fit; and
(b) by resolution, may delegate all or any of its powers, authorities,
discretions and functions (other than this power of delegation) -
(i) to any such committee of which at least half the members are members
of the Advisory Council; or
(ii) to any members of the Advisory Council; or
(iii) to any officer of the University College."
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23. Academic Board
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(1) For the heading preceding section 26 of the
Principal Act substitute 'Division 3 - The Academic Board'.
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(2) For section 26 (1) of the Principal Act substitute
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"26. Academic Board
(1) There shall be an Academic Board consisting of the Chancellor,
the Deputy Chancellors, the Vice-Chancellor and President,
the Chief Librarian, the Director of the Computer Centre
at the University and such other members, being professors,
members of staff or students, as are elected or appointed
to be members of the Academic Board in accordance with the
Statutes."
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(3) The Principal Act is amended as follows:
(a) In section 26 (2), for 'Professorial Board' substitute
'Academic Board'.
(b) In section 28 (2) (a), for 'Professorial Board' substitute
'Academic Board';
(c) In section 29 (2), for 'Professorial Board' substitute
'Academic Board';
(d) In section 30, for 'Professorial Board' (wherever occurring)
substitute 'Academic Board'.
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Part 4 - Miscellaneous
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Statute law revision
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24. The Principal Act is amended as follows:
(a) In section 1, subsection (2) is repealed;
(b) In section 31 (1), for 'Revenue' substitute 'Fund'.
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Schedule
1. Land at Caulfield which vests in Monash
(1) Reserved Crown Land
(a) The area of 2 acres 22 perches in the Parish of Prahran at
Caulfield, County of Bourke temporarily reserved as a Site for a Technical
School by the Governor in Council (Order in Council 30 May 1939, Government
Gazette 31 May 1939, page 1784).
(b) The area of 2 acres 3 roods 14 perches, more or less, Parish
of Prahran at Caulfield, County of Bourke temporarily reserved as a Site for
Educational Purposes by the Governor in Council (Order in Council 26 April
1972, Government Gazette 3 May 1972, page 1120).
(2) Folios of the Register:
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Volume
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2868
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2915
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3203
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5800
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5830
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6450
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6899
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8214
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9189
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9454
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9706
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9748
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9748
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9748
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9748
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Folio
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553
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998
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532
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818
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838
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969
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770
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481
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241
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142
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721
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492
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493
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494
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495
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2. Land at Frankston which vests in Monash
Folios of the Register:
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Volume
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3194
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4288
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4303
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4769
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4888
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4937
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5932
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7436
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7436
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7866
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8194
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8675
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8746
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9085
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Folio
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676
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420
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577
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715
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531
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226
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303
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057
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058
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029
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133
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195
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599
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477
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Land at Churchill which vests in Monash
Folios of the Register:
Notes
1. Minister's second reading speech -
* Legislative Assembly: 1 May 1990
* Legislative Council: 25 May 1990
2. The long title for the Bill for this Act was 'A Bill to provide for
the merger of the Chisholm Institute of Technology and the Gippsland Institute
of Advanced Education with Monash University, to amend the Monash University
Act 1958 and for other purposes'.
The Monash University (Chisholm and Gippsland) Act 1990 was assented to
on 5 June 1990 and Parts 1 and 4 came into effect on that day. Parts 2 and 3
(except for section 18) came into effect on 1 July 1990. Section 18 came into
effect on 1 July 1991.
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