Transfer of assets and liabilities of the Hawthorn Company
4 Transfer of assets and liabilities of the Hawthorn Company
Subject to this Act, on and from 1 January 1997—
The University of Melbourne is the successor in law of the Hawthorn Company; and
the assets and rights of the Hawthorn Company vest in The University of Melbourne; and
the liabilities and obligations of the Hawthorn Company become liabilities or obligations of The University of Melbourne; and
any scholarship, prize or bursary of a continuing nature administered by the Hawthorn Company and existing immediately before 1 January 1997 shall be administered by The University of Melbourne, but otherwise in accordance with the terms and conditions to which it was subject immediately before that date; and
all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments (except contracts, agreements or arrangements relating to the members of staff of the Hawthorn Company referred to in section 6) made or entered into by, on behalf of, or in relation to the Hawthorn Company and in force immediately before 1 January 1997 have effect as if made or entered into by, on behalf of, or in relation to, The University of Melbourne; and
all actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before 1 January 1997 by, against, or in relation to the Hawthorn Company have effect as if they were proceedings by, against, or in relation to The University of Melbourne, and may be continued and completed accordingly; and
any permit, licence or authority issued or granted to the Hawthorn Company by or under any Act continues to operate, despite anything in this Act, in favour of The University of Melbourne in the same way and to the same extent as it operated in favour of the Hawthorn Company; and
unless the contrary intention appears, a reference to the Hawthorn Company is deemed to be a reference to The University of Melbourne if the reference—
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 of any other document whatever; and
is in relation to a period occurring on or after 1 January 1997; and
all records and documents of the Hawthorn Company become the property of The University of Melbourne.
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