Acts Amendment (Student Guilds and Associations) Act 1977 (WA)
WESTERN AUSTRALIA.
ACTS AMENDMENT
(STUDENT GUILDS AND
ASSOCIATIONS).
No. 61 of 1977.
AN ACT to amend the University of Western Australia Act, 1911-1976, the Murdoch University Act, 1973-1976, the Western Australian Institute of Technology Act, 1966- 1974 and the Teacher Education Act, 1972- 1976.
[Assented to 23rd November, 1977.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
1. This Act may be cited as the Acts Amendment Short title.
(Student Guilds and Associations) Act, 1977.
2. This Act shall come into operation on the 1st Zoennittence-
January, 1978.
| No. 61.] | Acts Amendment (Student | [1977. |
| Guilds and Associations). |
PART I.-UNIVERSITY OF WESTERN AUSTRALIA
ACT, 1911-1976.
Citation.
| Reprint | 3. (1) In this Part the University of Western |
| approved |
| 21st June, | Australia Act, 1911-1976 is referred to as the |
| 1971. | |
| Amended by | principal Act. |
| Acts Nos. | |
| 58 of 1973, | |
| 40 of 1975 | |
| and 37 of | (2) The principal Act as amended by this Act may be cited as the University of Western Australia Act, 1911-1977. |
| 1976. | |
| Section 28 |
| amended. | 4. Section 28 of the principal Act is amended |
| (a) | by repealing subsection | (2) | and |
substituting subsections as follows
(2) Subject to subsection (2a) of this section and to the conditions or qualifications for membership prescribed by Statute any student may be a member of the Guild.
(2a) The following persons and classes of persons shall not be eligible for any form of membership of the Guild, that is to say
| (a) | students who are members of the full time academic staff of the University; |
| (b) | persons who are not students; and |
| (c) | such persons and classes of persons as the Senate declares by resolution made after report and recommendation by the Guild to be ineligible for membership of the Guild. |
(2b) It shall not be compulsory for any student to be a member of the Guild and no academic benefit, right or privilege shall be denied to or withheld from any student by reason of his not being a member of the Guild.
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Guilds and Associations).
(2c) A student shall, at the time of enrolment, indicate whether he wishes to be a member of
(a) the Guild;
| (b) | any other body specified by the Senate in the form of application for enrolment, |
during the period to which the enrolment
relates.
(2d) Any student (whether a member of the Guild or not) may vote at any election held to fill a vacancy in the office of the President of the Guild or the office of a member of the Council of the Guild or any other elective office in the administration of the Guild, but a person shall not hold any office mentioned in this subsection unless he is a member of the Guild.
(b) as to subsection (3)-
(i) by deleting the words "such undergraduates" in line two and substituting the words "the students"; and
(ii) by deleting the word "under- graduates" in line four and substituting the word "students"; and
(c) by adding after subsection (4) subsections
as follows
(5) An annual amenities and services fee shall be payable by every student other than a student who, by reason of subsection (2a) of this section, is not eligible for membership of the Guild.
(6) All amenities and services fees payable under subsection (5) of this section shall be payable to the Senate and, notwithstanding section thirty-eight
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Guilds and Associations).
of this Act, the Senate shall transmit the moneys derived from those fees to the Guild upon the conditions that those moneys are applied solely for the purposes of the provision of amenities or services for students or the development of cultural, social, sporting or recreational activities directly related to the University and that no payment shall be made out of those moneys, whether directly or indirectly, by way of gift.
For the purposes of subsection (6) of this section any payment made to any body that is empowered under its rules or constitution or otherwise to make gifts, or which makes gifts out of funds at its disposal from time to time, shall be deemed to be a payment made indirectly by way of gift.
(7)
Subsection (7) of this section does not apply to a payment made in respect of bona fide sporting or recreational activities directly related to the University or to a payment made to a body whose objects include the furthering of the common professional interests of persons associated with a particular academic discipline of the University or to a payment made in respect of goods supplied or services rendered to the Guild in the course of the normal business of the Guild.
(8)
(9) The Statutes may provide that, in addition to the amenities and services fee payable under subsection (5) of this section, an annual subscription to the Guild shall be payable by every student who is a member of the Guild.
(10) The amounts, respectively, of
| (a) | the amenities and services fee payable under subsection (5) of this section; and |
| 1977.] | Acts Amendment (Student | [No. 61. |
Guilds and Associations).
| (b) | any annual subscription to the Guild payable under the Statutes, |
shall be determined by the Senate after report and recommendation by the Guild and the Senate may so determine different amounts in respect of different classes of students.
(11) In this section
"student" means a person enrolled in the University as a student;
"the Guild" means the Guild of Undergraduates. .
Section 31
| 5. Subsection (1) of section 31 of the principal | amended. |
Act is amended
| (a) | by deleting the word "of" in line two of paragraph (v) and substituting the words "or qualifications for"; and |
| (b) | by adding after paragraph (v) a paragraph as follows- |
(va) The payment of an annual subscription to the Guild of Undergraduates by students who are members of the Guild of Undergraduates; .
PART II.-MURDOCH UNIVERSITY ACT, 1973-1976.
| 6. (1) In this Part the Murdoch University Act, | Citation. |
1973-1976 is referred to as the principal Act.
Act No. 20
| (2) The principal Act as amended by this Act | of 1973 as amended ny |
| may be cited as the Murdoch University Act, 1973- | Acts Noe. 103 of 1975 |
| 1977. | and 38 of 1976. |
| 7. Section 20 of the principal Act is amended | Section 20 |
| amended. |
| (a) | by deleting the word "the" where it occurs for the second time in line three of sub- section (2) and substituting the word "a"; |
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Guilds and Associations).
| (b) | by adding after subsection (2) subsections as follows |
(2a) Subject to subsection (2b) of this section and to the conditions or qualifications for membership prescribed by Statute any student may be a member of the Guild.
(2b) The following persons and classes of persons shall not be eligible for any form of membership of the Guild, that is to say
| (a) | students who are members of the full-time academic staff of the University; |
| (b) | persons who are not students; and |
| (c) | such persons and classes of persons as the Senate declares by resolution to be ineligible for membership of the Guild. |
(2c) It shall not be compulsory for any student to be a member of the Guild and no academic benefit, right or privilege shall be denied to or withheld from any student by reason of his not being a member of the Guild.
(2d) A student shall, at the time of enrolment, indicate whether he wishes to be a member of
(a) the Guild;
| (b) | any other body specified by the Senate in the form of application for enrolment, |
during the period to which the enrolment
relates.
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Guilds and Associations).
(2e) Any student (whether a member of the Guild or not) may vote at any election held to fill a vacancy in the office of the President of the Guild or the office of a member of the Secretariat of the Guild or any other elective office in the administration of the Guild, but a person shall not hold any office mentioned in this subsection unless he is a member of the Guild. ;
| (c) | as to subsection (3) by deleting the passage "Subject to the conditions of membership prescribed by Statute all students of the University shall be members of the Guild, but the" in lines one, two and three and substituting the word "The"; and |
| (d) | by adding after subsection (4) subsections as follows |
(5) An annual amenities and services fee shall be payable by every student other than a student who, by reason of subsection (2b) of this section, is not eligible for membership of the Guild.
(6) All amenities and services fees payable under subsection (5) of this section shall be payable to the Senate and the Senate shall apply the moneys derived from those fees in accordance with sub- section (10) of this section.
(7) Notwithstanding subsection (6) of this section the Senate may transmit the whole or any part of the moneys referred to in that subsection to the Guild upon the conditions that the moneys so transmitted are applied in accordance with subsection (10) of this section and that no payment shall be made out of those moneys, whether directly or indirectly, by way of gift.
(8) For the purposes of subsection (7)
of this section any payment made to any
body that is empowered under its rules
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Guilds and Associations).
or constitution or otherwise to make gifts, or which makes gifts out of funds at its disposal from time to time, shall be deemed to be a payment made indirectly by way of gift.
(9) Subsection (8) of this section does not apply to a payment made in respect of bona fide sporting or recreational activities directly related to the University or to a payment made to a body whose objects include the furthering of the common professional interests of persons associated with a particular academic discipline of the University or to a payment made in respect of goods supplied or services rendered to the Guild in the course of the normal business of the Guild.
(10) The moneys referred to in subsection (6) of this section shall be applied solely for the purposes of the provision of amenities or services for students or the development of cultural, social, sporting or recreational activities directly related to the University.
(11) The Statutes may provide that, in addition to the amenities and services fee payable under subsection (5) of this section, an annual subscription to the Guild shall be payable by every student who is a member of the Guild.
(12) The amounts, respectively, of
| (a) | the amenities and services fee payable under subsection (5) of this section; and |
| (b) | any annual subscription to the Guild payable under the Statutes, |
shall be determined by the Senate after report and recommendation by the Guild and may be determined so as to differ
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Guilds and Associations).
according to whether a student is enrolled on a full-time, part-time or external basis. .
| 8. Subsection (4) of section 25 of the principal | Section 25 |
| amended. |
Act is amended
| (a) | by deleting the word "of" where it first occurs in line one of paragraph (o) and substituting the words "or qualifications for"; and |
| (b) | by adding after paragraph (o) a paragraph as follows- |
(oa) the payment of an annual subscription to the Guild of Students by students who are members of the Guild of Students; .
PART III.-WESTERN AUSTRALIAN INSTITUTE OF
TECHNOLOC-Y ACT, 1966-1974.
| 9. (1) In this Part the Western Australian | Citation. |
Institute of Technology Act, 1966-1974 is referred to as the principal Act.
Reprint
| (2) The principal Act as amended by this Act | approved 2n4 Sept- |
| may be cited as the Western Australian Institute of | ember, 1975. |
| Technology Act, 1966-1977. |
10. Section 44 of the principal Act is amended— =,14.
| (a) | by deleting the words "its members" in line two of subsection (3) and substituting the words "the enrolled students"; |
| (b) | by repealing subsection (4) and re-enacting that subsection as follows |
(4) For the purposes of this section a Statute may be made
| (a) | prescribing the conditions or qualifications for membership of the Student Guild; |
| (b) | in respect of the payment of an annual subscription to the Student Guild by enrolled students who are members of the Student Guild; |
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| Guilds and Associations). |
| (c) | prescribing, in addition to the function referred to in subsection (3) of this section, the powers, duties and functions of the Student Guild; and |
| (d) | prescribing such other matters and things as are necessary or convenient for the effective exercise of the powers, duties and functions of the Student Guild. ; and |
(c) by adding after subsection (4) subsections
as follows
(5) Subject to subsection (6) of this section and to the conditions or qualifications for membership prescribed by Statute any enrolled student may be a member of the Student Guild.
(6) The following persons and classes of persons shall not be eligible for any form of membership of the Student Guild, that is to say
| (a) | enrolled students who are members of the full time academic staff of the Institute; |
| (b) | persons who are not enrolled students; and |
| (c) | such persons or classes of persons as the Council declares by resolution to be ineligible for membership of the Student Guild. |
(7) It shall not be compulsory for any enrolled student to be a member of the Student Guild and no academic benefit, right or privilege shall be denied to or withheld from any enrolled student by reason of his not being a member of the Student Guild.
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Guilds and Associations).
(8) A student shall, at the time of enrolment, indicate whether he wishes to be a member of
(a) the Student Guild;
| (b) | any other body specified by the Council in the form of application for enrolment, |
during the period to which the enrolment
relates.
(9) Any enrolled student (whether a member of the Student Guild or not) may vote at any election held to fill a vacancy in the office of the President of the Student Guild or the office of a member of the Council of the Student Guild or any other elective office in the administration of the Student Guild, but a person shall not hold any office mentioned in this subsection unless he is a member of the Student Guild.
(10) An annual amenities and services fee shall be payable by every enrolled student other than an enrolled student who, by reason of subsection (6) of this section, is not eligible for membership of the Student Guild.
(11) All amenities and services fees payable under subsection (10) of this section shall be payable to the Council and the Council shall apply the moneys derived from those fees in accordance with subsection (15) of this section.
(12) Notwithstanding subsection (11) of this section or section thirty-two of this Act, the Council may transmit the whole or any part of the moneys referred to in subsection (11) of this section to the Student Guild upon the conditions that the moneys so transmitted are applied in accordance with subsection (15) of this section and that no payment
| No. 61.] | Acts Amendment (Student | [1977. |
| Guilds and Associations). |
shall be made out of those moneys, whether directly or indirectly, by way of gift.
(13) For the purposes of subsection (12) of this section any payment made to any body that is empowered under its rules or constitution or otherwise to make gifts, or which makes gifts out of funds at its disposal from time to time, shall be deemed to be a payment made indirectly by way of gift.
(14) Subsection (13) of this section does not apply to a payment made in respect of bona fide sporting or recrea- tional activities directly related to the Institute or to a payment made to a body whose objects include the furthering of the common professional interests of persons associated with a particular academic discipline of the Institute or to a payment made in respect of goods supplied or services rendered to the Student Guild in the course of the normal business of the Student Guild.
(15) The moneys referred to in subsec- tion (11) of this section shall be applied solely for the purposes of the provision of amenities or services for enrolled students or the development of cultural, social, sporting, or recreational activities directly related to the Institute.
(16) The Statutes may provide that, in addition to the amenities and services fee payable under subsection (10) of this section, an annual subscription to the Student Guild shall be payable by every enrolled student who is a member of the Student Guild.
(17) The amounts, respectively, of
| (a) | the amenities and services fee |
payable under subsection (10)
of this section; and
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Guilds and Associations).
| (b) | any annual subscription to the Student Guild payable under the Statutes, |
shall be determined by the Council after report and recommendation by the Coun- cil of the Student Guild and may be determined so as to differ according to whether a student is enrolled on a full time, part time or external basis. .
PART IV.-TEACHER EDUCATION ACT, 1972-1976.
| Cltatio | n | . |
| 11. | (1) In this Act the Teacher Education Act , Act No 3 | . | 9 |
of 1972 as
| 1972-1976 is referred to as the principal Act. | amended by |
| (2) The principal Act as amended by this Act may Pe | snialtsi |
| be cited as the Teacher Education Act, 1972-1977. g31/9■111, | of 1976. | i |
| Sectloa 56A |
| 12. | The principal Act is amended by adding after | added. |
section 56 a section as follows-
56A. (1) "Student association" as used in noosioaa
this section means an association of enrolled gwgf
students established and maintained pursuant associa"ons•
to section 55.
Subject to subsection (3) this section applies to and in relation to a college and the enrolled students of that college if and only if there is in that college a branch (in this section referred to as "the branch") of a student association.
(2)
(3) Notwithstanding that there is no branch of a student association in a college, where there is an association of enrolled students of that college and
| (a) | that association is, for the time being, recognized by the Board of that college as having as its primary func- tion the furthering of the common interest of the enrolled students of that college; and |
| (b) | eligibility for membership of that association conforms with the provi- sions of subsections (4) and (5), |
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this section applies to and in relation to that college and the enrolled students of that college, and, in that event, a reference in this section to "the branch" shall be read and construed as a reference to that association.
(4) Subject to subsection (5) and to any prescribed conditions or qualifications for mem- bership any enrolled student of the college may be a member of the branch.
(5) The following persons and classes of persons shall not be eligible for any form of membership of the branch, that is to say
| (a) | enrolled students of the college who are members of the full-time academic staff of the college; |
| (b) | persons who are not enrolled students of the college; and |
| (c) | such other persons and classes of persons as the Board of the college declares by resolution to be ineligible for membership of the branch. |
(6) It shall not be compulsory for any enrolled student of the college to be a member of the branch and no academic benefit, right or privi- lege shall be denied to or withheld from any enrolled student by reason of his not being a member of the branch.
(7) A student shall, at the time of enrolment, indicate whether he wishes to be a member of
(a) the branch;
| (b) | any other body specified by the Board of the college in the form of application for enrolment, |
during the period to which the enrolment
relates.
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Guilds and Associations).
Any enrolled student of the college (whether a member of the branch or not) may vote at any election held to fill a vacancy in any elective office in the administration of the branch, but a person shall not hold any office mentioned in this subsection unless he is a member of the branch.
(8)
An annual amenities and services fee shall be payable by every enrolled student of the college other than an enrolled student who, by reason of subsection (5), is not eligible for membership of the branch.
(9)
(10) All amenities and services fees payable under subsection (9) shall be payable in such manner as the Board of the college determines and the moneys derived from those fees shall be applied in accordance with subsection (14).
(11) Where the amenities and services fees payable under subsection (9) are payable to the Board of the college, the Board may, notwith- standing subsection (10) or section 72, transmit the whole or any part of the moneys derived from those fees to the branch upon the condi- tions that the moneys so transmitted are applied in accordance with subsection (14) and that no payment shall be made out of those moneys, whether directly or indirectly, by way of gift.
(12) For the purposes of subsection (11) any payment made to any body that is empowered under its rules or constitution or otherwise to make gifts, or which makes gifts out of funds at its disposal from time to time, shall be deemed to be a payment made indirectly by way of gift.
(13) Subsection (12) does not apply to a payment made in respect of bona fide sporting or recreational activities directly related to the college or to a payment made to a body whose objects include the furthering of the common professional interest of persons associated with a particular academic discipline of the college or to a payment made in respect of goods supplied or services rendered to the branch in the course of the normal business of the branch.
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Guilds and Associations).
(14) The moneys derived from the amenities and services fees payable under subsection (9) shall be applied solely for the purposes of the provision of amenities or services for enrolled students of the college or the development of cultural, social, sporting, or recreational activi- ties directly related to the college.
(15) Rules made under this Act may provide that, in addition to the amenities and services fee payable under subsection (9), an annual subscription to the branch shall be payable by every enrolled student of the college who is a member of the branch.
(16) The amounts, respectively, of
| (a) | the amenities and services fee payable under subsection (9); and |
| (b) | any annual subscription to the branch payable under the rules, |
shall be determined by the Board of the college on the recommendation of the branch and may be determined so as to differ according to whether a student is enrolled on a full-time, part-time or external basis. .
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