Macquarie University (Constitution) Amendment Act 1978 (NSW)

M A C Q U A R I E U N I V E R S I T Y (CONSTITUTION)

A M E N D M E N T A C T , 1978 , N o . 80

A N N O V I C E S I M O S E P T I M O

ELIZABETHE II REGINE

Act N o . 8 0 , 1978 .

An Act to amend the Macquarie University Act, 1964, with respect to the election of a member of the Legislative Council as a member of the Council of Macquarie University. [Assented to, 11th September, 1978.]

BE 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 :—

1. This Act may be cited as the "Macquarie University

(Constitution) Amendment Act, 1978".

1. (1 ) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall

commence on the first appointed day.

(3) In subsection ( 2 ) , "first appointed day" has the meaning ascribed thereto by section 16 of the Constitution Act, 1902.

3 .      The Macquarie University Act, 1964, is amended—

(a) by omitting section 10 (3) and by inserting instead the following subsection :—

(3) One member shall be a member of the Legislative Council elected by that Council as soon as practicable after each periodic Council election within the meaning of section 3 of the Constitution Act, 1902.

(b ) (i) by omitting section 12 (d) and by inserting instead the following paragraph :—

(d) being the member elected by the Legislative Council—

(i) ceases to be a member of the Legis­ lative Council otherwise than by reason of section 22B (1) (c) of the Constitution Act, 1902; or

(ii)   ceases to be a member of the Legis­ lative Council by reason of section

22B (1) (c) of that Act and does

not become a candidate at the next periodic Council election within the meaning of section 3 of that Act or, as the case may be, becomes a candidate but is not elected; or

(ii)   by omitting section 12 (e) (ii) and by inserting instead the following subparagraph :—

(ii)   ceases to be a member of that Assembly by reason of its dissolution or its expiration by effluxion of time and does not become a candidate at the next general election of members of that Assembly or, as the case may be, becomes a candidate but is not elected.

4. Notwithstanding section 3, a member of the Council of Macquarie University who was elected by the Legislative Council and who is holding that office immediately before the commence­ ment of that section does not cease to hold that office until—

(a) the Legislative Council elects one of its members to replace him; or

(b) he ceases to hold that office pursuant to the Macquarie University Act, 1964, as in force immediately before that commencement,

whichever first occurs.