An Act to incorporate Trinity College, being a college affiliated to and connected with the University of Melbourne, to dissolve The Trinity College (Melbourne) Trusts Corporation, to amend the Janet Clarke Hall Act 1961 and for other purposes.
WHEREAS Trinity College (hereinafter in these recitals called "the College") was founded in the year 1870 "in the name of God Almighty Father Son and Holy Spirit to aid in the advancement of sound learning and religious education by providing a home where students of the University of Melbourne may reside under Christian discipline and receive religious instruction in accordance with the Liturgy and the Articles of the Church of England and also by supplying means for the training and instruction of candidates for Holy Orders in the said Church":
AND WHEREAS by Crown grant in the year 1871 land was granted to trustees for Trinity College and the College was thereafter governed according to regulations made by the trustees of that grant:
AND WHEREAS under the Trinity College Act 1927 certain provisions were made to remove doubts that had arisen relating to the admission of students to the College without distinction of religious belief and to the holding of certain scholarships exhibitions bursaries and prizes and for the vesting of the College site in The Trinity College (Melbourne) Trusts Corporation, a company limited by guarantee incorporated under the Companies Act 1915:
AND WHEREAS, since the enactment of the Trinity College Act 1927, Trinity College has been governed by rules and regulations made by The Trinity College (Melbourne) Trusts Corporation:
AND WHEREAS by the Trinity College Act 1957 The Trinity College (Melbourne) Trusts Corporation was empowered to mortgage, charge, sell, transfer, convey, lease, exchange, or dispose of the land of the College:
AND WHEREAS under the Janet Clarke Hall Act 1961 certain provisions were made with respect to the separation of Janet Clarke Hall, being that part of Trinity College set aside for women students, from Trinity College and its establishment as a separate women's residential college affiliated to the University of Melbourne and for the transfer to Janet Clarke Hall, a company incorporated pursuant to the Companies Act 1958, of part of the land of Trinity College and of certain trust funds:
AND WHEREAS Trinity College is a college affiliated to the University of Melbourne:
AND WHEREAS it will conduce to the advancement of learning and to the welfare of Trinity College that the College be incorporated and that provision be made for the future government of the College and that all real and personal property held by The Trinity College (Melbourne) Trusts Corporation and all other property belonging to the College be vested in the incorporated College:
AND WHEREAS it is expedient to incorporate Trinity College, to make provisions relating to the College and to make certain other provisions relating to the incorporation of the College:
AND WHEREAS The Trinity College (Melbourne) Trusts Corporation, the Council of Trinity College, the Council of Janet Clarke Hall and the Council of the University of Melbourne have given the necessary assents:
s. 1
This Act may be cited as the Trinity College Act 1979.
This Act shall be read and construed as one with the Trinity College Act 1927 and the Trinity College Act 1957.
This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
In this Act, unless the contrary intention appears-
College means Trinity College established under section 3;
Constitution means the Constitution of the College referred to in section 5 for the time being in force;
Council means the Council of the College appointed for the time being under the Constitution;
property includes real and personal property of any description whether legal or equitable and includes every estate or interest in property;
Unincorporated College means Trinity College as established and existing immediately before the commencement of this Act.
s. 3
There shall be established a college to be known as Trinity College consisting of the members of the College.
Subject to subsection (3), the members of the College are-
persons enrolled as resident or non-resident students at the College;
persons who have at any time been enrolled as resident or non-resident students for not less than three terms, whether or not consecutive, at the College or at the Unincorporated College;
persons who are or have been tutors of the College or of the Unincorporated College;
persons who are or have been members of the Council or of the council of the Unincorporated College;
persons who are or have been fellows of the College or of the Unincorporated College; and
such other persons as the Council may from time to time elect as members.
The Council may determine that a person ceases to be a member of the College if, after giving him such due notice and such opportunity to be heard as is reasonably practicable, in its discretion it considers termination of the membership of that person to be in the best interests of the College.
s. 4
The College shall be a body corporate and politic and shall have perpetual succession and a common seal and shall be capable in law of suing and being sued.
The College may take purchase hold demise sell transfer convey mortgage or otherwise dispose of property and do and suffer all acts matters and things which bodies corporate may by law do or suffer.
The College shall, subject to this Act, be administered and governed according to the Constitution contained in the Schedule.
An act or decision of the Council is not invalid by reason only of a vacancy or vacancies in the office of a member of the Council or a defect or irregularity in the appointment of a member of the Council.
An act or decision of an officer of the College is not invalid by reason only of a defect or irregularity in his appointment, nomination or election.
The Melbourne University Act 1958 applies to and in relation to the College in the same manner and to the same extent as it applied to the Unincorporated College immediately before the commencement of this Act.
S. 6(1A) inserted by No. 78/2009 s. 65.
On and from the commencement of the University of Melbourne Act 2009, that Act applies to and in relation to the College in the same manner and to the same extent as the Melbourne University Act 1958 applied to the College immediately before the repeal of that Act.
The College is affiliated to and connected with the University of Melbourne in the same manner and to the same extent as the Unincorporated College was affiliated to and connected with the University of Melbourne immediately before the commencement of this Act.
s. 7
The College is the successor in law of the Unincorporated College.
Without affecting the generality of subsection (1)-
a person who, immediately before the commencement of this Act, was an officer or employé of the Unincorporated College shall without further or other authority than this Act, be an officer or employé of the College holding an office or employment corresponding with that held by him in the Unincorporated College immediately before that commencement and no act matter or thing relating to his office or employment shall be abated or prejudicially affected by his transfer or the transfer of his services to the College; and
a person who, immediately before the commencement of this Act, was a fellow or student of the Unincorporated College shall, without further or other authority than this Act, be a fellow or student of the College with a status corresponding with that held by him in the Unincorporated College immediately before that commencement and no act matter or thing relating to his status as a fellow or student shall be abated or prejudicially affected by his ceasing to be a fellow or student of the Unincorporated College by reason of this Act.
s. 8
The Trinity College (Melbourne) Trusts Corporation, a company limited by guarantee incorporated under the Companies Act 1915, is dissolved and the College is the successor in law of that Corporation.
Without affecting the generality of subsection (1)-
the property which, immediately before the commencement of this Act, was vested in The Trinity College (Melbourne) Trusts Corporation shall, by reason of this Act, vest in the College without necessity for any conveyance, transfer or other assurance of property; and
all contracts deeds bonds agreements debts liabilities securities duties and obligations and all powers authorities immunities rights and privileges of The Trinity College (Melbourne) Trusts Corporation or made by or with or vested in exerciseable by or imposed or binding upon or available to The Trinity College (Melbourne) Trusts Corporation immediately before the commencement of this Act shall be deemed to be the contracts deeds bonds agreements debts liabilities securities duties obligations powers authorities immunities rights and privileges of the College and shall be enforceable or exerciseable by or against the College as fully and effectually as they would have been by or against The Trinity College (Melbourne) Trusts Corporation if this Act had not been enacted.
s. 9
All property which, immediately before the commencement of this Act, was vested in or otherwise belonged to the Unincorporated College shall, upon that commencement, vest in or belong to the College without necessity for any transfer or other assurance of property.
All contracts debts liabilities duties and obligations of the Unincorporated College existing immediately before the commencement of this Act shall be deemed to be the contracts debts liabilities duties and obligations of the College and shall be enforceable or exerciseable by or against the College as fully and effectually as they would have been by or against the Unincorporated College if this Act had not been enacted.
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