Macquarie University (Amendment) Act 1970 (NSW)

MACQUARIE UNIVERSITY (AMENDMENT) ACT.

ANNO UNDEVICESIMO

ELIZABETHE II REGINE

Act No. 56, 1970.

An Act to make further provisions in relation to the election of certain members of the Council of The Macquarie University; for this and other purposes to amend the Macquarie University Act, 1964; and for purposes connected therewith. [Assented to, 6th November, 1970.]

1 . (1 ) This Act may be cited as the "Macquarie University (Amendment) Act, 1970". (2)

T > E it enacted by the Queen's Most Excellent Majesty, by *-* and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

( 2 ) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

( 3 ) The Macquarie University Act , 1964 , is, in this

Act , referred to as the Principal Act .

2 . ( 1 ) The Principal Act is a m e n d e d —

( a )	( i )	by omitting from subsection one of section ten the word "twenty-one" and by inserting in lieu thereof the word "twenty-two";
(ii)	by omitting subsection three of the same
section and by inserting in lieu thereof the following subsection : —
( 3 ) One member shall be a member of the Legislative Council elected by that Council as soon as practicable after the commencement of the term of service of the members of that Council elected at each election held as required by subsection five of section 17F of the Constitution Act , 1902 .

(iii) by omitting subsection four of the same

section and by inserting in lieu thereof the
following subsection : —

( 4 ) One member shall be a member of the Legislative Assembly elected by that Assembly as soon as practicable after each general election of members of that Assembly.

(iv)

(iv)   by omitting subsection seven of the same

section and by inserting in lieu thereof the
following subsection :—

(7) Two members shall be elected, in the
manner provided by the by-laws, by the

students of the University :

Provided that—

(a) a person who is not a student of the

University shall be ineligible to be elected as a member under this subsection; and

(b) a person who is a full time member of

the staff of the University shall be ineligible to be elected as a member under this subsection.

For the purposes of this subsection

"student" means a person who is enrolled as

a candidate proceeding to a degree or diploma
at the University.

(v)   by inserting in subsection eleven of the same

section after the words "and Chancellor" the words "and the members elected under subsections three and four of this section";

(vi)   by inserting next after the same subsection the

following new subsection :—

(11A) A member elected under subsection three or four of this section shall, subject to sections eleven and twelve of this Act, hold office until a member of the House of Parlia­

ment which elected him is elected by that

House to replace him.

(b) by omitting paragraph (a) of section eleven;

(c)

(c)	by omitting paragraph (d) of section twelve and
by inserting in lieu thereof the following

paragraphs :—

(d)	being the member elected by the Legislative Council, ceases to be a member of that Council; or
(e)	being the member elected by the Legislative Assembly—

(i)   ceases to be a member of that Assembly otherwise than by reason of its dissolution or its expiration by effluxion of time; or

(ii)   ceases to be a member of that Assembly by reason of its dissolu­ tion or its expiration by effluxion of time and is not re-elected as a member of that Assembly at the next general election of members of that Assembly.

(2 ) Nothing 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.

(3) Notwithstanding anything in this section, the member elected under subsection three or four of section ten	of the Principal Act and holding office as such member
immediately before the commencement of this Act shall be deemed to have been elected under subsection three or four of section ten of that Act, as amended by this section, as the case may require, and he shall, subject to sections eleven and twelve of that Act, as so amended, hold office until a member of the House of Parliament which elected him is elected by that House to replace him.

( 4 )

(4) Notwithstanding anything in this section, the member elected under subsection seven of section ten of the Principal Act and holding office as such member immediately before the commencement of this Act shall be deemed to have been elected under subsection seven of section ten of that Act, as amended by this section, and he shall, subject to sections eleven and twelve of that Act, as so amended, hold office until the expiration of the period for which he would have held office had this Act not been enacted.

(5) Any member of the Council referred to in subsec­ tion three or four of this section shall, subject to the Principal Act, as amended by this section, be eligible for re-election.

PARLIAMENTARY