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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 6.1.18

Transitional provisions—Education and Training Reform Further Amendment Act 2010

    (1)     A lease of land, or an easement over or in respect of land, granted to or in favour of any person under the Mildura College Lands Act 1916 that existed before the repeal of that Act is taken to be granted under Division 2 of Part 5.7A.

    (2)     Section 5.7A.10 does not apply in respect of a lease of land referred to in subsection (1) for the duration of the lease if the lease provides for a 10 year review of the rent on that lease.

    (3)     Any application made to VCAT under section 2(ec) of the Mildura College Lands Act 1916 before the repeal of that Act that has not   begun to be heard by VCAT is taken to be an application made to VCAT under section 5.7A.12.

    (4)     If VCAT has begun to hear but has not given the final determination on a matter for review in respect of an application under section 2(ec) of the Mildura College Lands Act 1916 before the repeal of that Act, the matter may continue to be heard and determined as if the application were made under section 5.7A.12.

    (5)     An agreement entered into between the Minister and a trustee company under section 2(f) of the Mildura College Lands Act 1916 before the repeal of that Act is taken to be an agreement entered into between the Minister and that trustee company under Division 3 of Part 5.7A.

    (6)     Any fund established under section 2(fa)(i) of the Mildura College Lands Act 1916 before the repeal of that Act is taken to be a fund established under Division 3 of Part 5.7A and the money standing to the credit of that fund before that repeal must be dealt with in accordance with Division 3 of Part 5.7A.

    (7)     The special fund established under section 3 of the Mildura College Lands Act 1916 before the repeal of that Act is taken to be the special fund established under Division 4 of Part 5.7A.

    (8)     Any proceeds derived from the sale of land or the granting of an easement over or in respect of land under the Mildura College Lands Act 1916 or any other disposition in fee simple of any part of the land before the repeal of that Act must be dealt with in accordance with Division 4 of Part 5.7A as if the land were sold or the easement granted under Division 2 of Part 5.7A and the income derived from those proceeds must be applied in accordance with Division 3 of Part 5.7A.

    (9)     For the purposes of Part 5.7A, until an Order is made under section 5.7A.6 , a beneficiary school is taken to be any school listed as a beneficiary in Schedule 2 to the Mildura College Lands Act   1916 before the repeal of that Act.

    (10)     Any reference in the recited indentures referred to in the preamble to the Mildura College Lands Act 1916 to an agricultural school or college is taken to be a reference to the beneficiary schools within the meaning of Part 5.7A.

S. 6.1.19 inserted by No. 71/2010 s. 70.



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