Whole Act
12 provisions in continuous reading order
Loading the complete Act…
An Act relating to a College affiliated to and connected with the University of Melbourne and known as Trinity College.
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-six 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-one 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 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 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:
This Act may be cited as the Trinity College Act 1927.
s. 1
For removing doubts it is hereby declared that-
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;
admission to the said college shall not be refused to students by reason only of any distinctions of religious belief; and
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 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.
s. 3
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.
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.
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.
Subject to and in accordance with this Act the said corporation-
shall hold the said land upon the trusts and subject to the conditions provisions and declarations set forth in the said Crown grant;
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
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:
s. 4
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.
S. 4(3) amended by No. 18/1989 s. 13(Sch. 2 item 92).
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. 5
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.
Preamble, section 4.
Sch.
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.
The Trinity College Act 1927 was assented to on 21 November 1927 and came into operation on 21 November 1927.
This Version incorporates amendments made to the Trinity College Act 1927 by Acts and subordinate instruments.
-------------------------------------------------------------
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
-------------------------------------------------------------
Explanatory Detail