Bursary Endowment (Amendment) Act 1957 (NSW)

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BURSARY ENDOWMENT (AMENDMENT) ACT

Act No. 36, 1957.

An Act to make provision for the reconstitution of the Bursary Endowment Board; for this and other purposes to amend the Bursary Endowment Act, 1912, as amended by sub- sequent Acts; to validate certain matters; and for purposes connected therewith. [Assented to, 22nd November, 1957.]

lative Cour.ci! and Legislative Assembly of New South BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-

Wales in Parl-^ment assembled, and by the authority oi the same, as follows :—

1 . (1) This Act may be cited as the "Bursary Endow- ment (Amendment) Act, 1957".

(2)

(2) The Bursary Endowment Act, 1912, as amended by subsequent Acts, is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act,
may be cited as the Bursary Endowment Act, 1912-1957.

2 . (1) Upon a day to be appointed by the Governor and notified by proclamation published in the Gazette (which day is in this Act referred to as the "appointed day") the Bursary Endowment Board shall be recon­ stituted and shall consist of eight members who shall be appointed in accordance with section four of the Principal Act as amended by this section.

(2) (a) Nothing contained in this section shall prejudice or affect the continuity of the body corporate constituted under section four of the Principal Act, but the same shall continue notwithstanding the provisions of this section.

(b) The said body corporate shall continue and shall be deemed always to have continued, notwithstand­ ing that there are or have been at any time or times vacancies in the offices of all of the members of the body corporate, or of any one or more of them.

(3) (a) For the purposes only of the appointment of persons to be members of the Bursary Endowment

Board as reconstituted under this section, and of any

matters necessary for or incidental to such appointment, the provisions of subsection four of this section shall com­ mence on the day upon which the assent of Her Majesty to this Act is signified.

(b) The persons so appointed shall assume their offices as members of the Bursary Endowment Board upon the appointed day, and on that day the pro­ visions of subsection four of this section shall come into force for all purposes.

(4)

(4) The Principal Act is amended—

(a) by omitting subsection one of section four and by inserting in lieu thereof the following sub­ section :—

(1) (a) There shall be a Bursary Endowment Board which shall consist of eight members ap­ pointed by the Governor.

Of the members so appointed—

(i)   three shall be nominated or selected in the manner prescribed as representa­ tives of the University of Sydney, the New South "Wales University of Tech­ nology, the University of New England and any other university incorporated, constituted or established under any Act of the Legislature of this State;

(ii)  three shall be representatives of the Department of Education, one of whom shall be chairman;

(iii)   two shall be nominated or selected in the manner prescribed as representa­ tives of secondary schools registered under this Act.

(b) The provisions of the Public Service Act, 1902, or of any Act amending that Act, shall not apply to or in respect of the appointment of a member of the board and any such member shall not in his capacity as a member of the board be subject to the provisions of any such Act during his tenure of office.

(c) The members of the board shall hold office for a term of three years and shall be eligible from time to time for reappointment.

(d)

(d) The Bursary Endowment Board shall be a body corporate under that name, with per­ petual succession and a common seal, and shall be capable by that name of suing and being sued, and shall, for the purposes of and subject to the provisions of this Act, be capable of purchas­ ing, holding, granting, demising and disposing of or otherwise dealing with real and personal property, and of doing and suffering all such acts and things as bodies corporate may by law do and suffer.

(b)

by omitting paragraph (e) of subsection one of section eleven and by inserting in lieu thereof the following paragraph:—

(e)

prescribing the manner in which repre­ sentatives on the board shall be nomi­ nated or selected for the purposes of subparagraphs (i) and (iii) of para­ graph (a) of subsection one of section four of this Act.

3 . The Bursary Endowment Act, 1912, as amended

by subsequent Acts, is further amended—

(a) by inserting in section seven after the words "University of Sydney" the words " the New South Wales University of Technology, the
University of New England or any other univer­sity incorporated, constituted or established

under any Act of the Legislature of this S t a t e " ;

(b) (i) by omitting from section eight the word

"Univers i ty" and by inserting in lieu

thereof the word "Univers i t ies" ;

(ii)   by omitting from the same section the words "bu t shall not be lower than the standard prescribed for the qualifying and leaving certificates of the Department of Public Instruction".

4:. Any bursary allotted or awarded by the Bursary Endowment Board which would have been validly allotted or awarded had the amendments effected by section three of this Act been in force at the time such bursary was allotted or awarded shall be deemed to have been validly allotted or awarded.

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