Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 3.1.26AB

    (1)     On and from the day specified in an Order in Council made under section 3.1.11(1)(da) as the day on which a TAFE institute merges with an adult education institution (the "commencement day")—

        (a)     the adult education institution and the governing board of the adult education institution are abolished; and

        (b)     any member of the governing board of the adult education institution who held office immediately before the commencement day—

              (i)     who is specified in the Order in Council is taken to be appointed as a member of the board of the TAFE institute and may continue in that office for the remaining period, and on the same terms and conditions, of that member's term of appointment to the governing board of the adult education institution; and

              (ii)     who is not specified in the Order in Council goes out of office; and

        (c)     the person appointed as chief executive officer of the adult education institution immediately before the commencement day ceases to hold that appointment; and

        (d)     any rights, property and assets vested in the adult education institution immediately before the commencement day are taken to be vested in the TAFE institute; and

        (e)     any fund referred to in clause 13A of Schedule 2, which is in the name of the adult education institution immediately before the commencement day, is taken to be any fund referred to in that clause that is in the name of the TAFE institute; and

        (f)     any debts, liabilities and obligations of the adult education institution that were existing immediately before the commencement day are taken to be the debts, liabilities and obligations of the TAFE institute; and

        (g)     the TAFE institute is substituted as a party to any arrangement, agreement or contract entered into by or on behalf of the adult education institution that was in force immediately before the commencement day; and

        (h)     the TAFE institute is substituted as a party to any proceedings pending in any court or tribunal to which the adult education institution was a party immediately before the commencement day; and

              (i)     in any Act, subordinate instrument or any other document of any kind, a reference to the adult education institution is taken to be a reference to the TAFE institute in relation to any period on or after the commencement day unless a contrary intention appears.

    (2)     If an Order in Council is made under section 3.1.11(1)(da) merging a TAFE institute with an adult education institution, any Order in Council made under  section 3.1.11(2)(c) relating to the same TAFE institute and adult education institution is taken to be revoked on and from the commencement day.

S. 3.1.26A inserted by No. 71/2010 s. 60.