Murdoch University Amending By-law (2009) (WA)

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31 July 2009 GOVERNMENT GAZETTE, WA 3039
EDUCATION
ED401*
R. KENNEDY, Clerk of the Executive Council

MURDOCH UNIVERSITY ACT 1973

AMENDING BY-LAW

It is hereby notified that the Governor in Executive Council, acting under the provisions of Section 24 of the Murdoch University Act 1978, has approved amendments to the Murdoch University By-laws as set out in the attached schedule.

Dr ELIZABETH CONSTABLE MLA, Minister for Education; Tourism.

3040 GOVERNMENT GAZETTE, WA 31 July 2009
2. By-laws

4.          Parking Permits

4(6)         A person may seek a review by the Vice Chancellor of a decision made pursuant to By- law 4(3) or 4(4) only by making a written application for review to the Vice-Chancellor within seven (7) days after notification of the decision by the Vice-Chancellor and such review shall be final.

40.        Issue of Notices Alleging Breach

40(1) (e) state that the breach will be reported and that further action may be taken
unless within the time and manner stated in the notice-
(e)(i) the modified penalty specified in By-law 46(3) and indicated on the notice is
paid and accepted; or
(e)(ii) within seven (7) days an explanation in writing addressed to the Vice-
Chancellor is given for the breach and accepted by the Vice-Chancellor;

40(2) If the person to whom a notice is addressed under paragraph (1) of this By-law gives a written explanation to the Vice-Chancellor in accordance with the terms of the notice, the Vice-Chancellor may accept the explanation. If the explanation is not accepted then further notice will be given and state either that further action will be taken or that further action will be taken failing payment of the modified penalty indicated on the notice within seven (7)days after the date of the further notice.

42.        Parking Fees

The Deputy Vice Chancellor (Corporate) may from time to time prescribe parking fees to be paid for parking permits or by persons parking vehicles in specified parking bays or areas set aside for parking.

46.        Modified Penalties

46(3) The modified penalties shall be:

By-law

Description of Offence

Modified Penalty

22 driving other than on a road way $30.00
23 careless driving $50.00
23 dangerous driving $50.00
exceeding speed limits by:
24 9 km/h or less Caution
24 more than 9 km/h but less than 19 km/h $40.00
24 more than 19 km/h $50.00
26 disobeying signal or direction of police, or authorised, $30.00
officer
27 disobeying traffic signs $30.00
33(1) failure to give notice of change of vehicle or number of $30.00
vehicle
33(2) unauthorised transfer of a permit $40.00
34 parking other than in accordance with terms of permit $30.00
35 failure to display current permit $30.00
37(3) failure of owner to identify driver $50.00
37(4) failure to provide name and address $50.00
38(1)a unauthorised parking in a no-parking area, loading $50.00
bay or other place reserved by an authorised sign for a
particular purpose
38(1)b Unauthorised parking in a disabled/easy access bay $50.00
38(2) parking not wholly within a parking bay $30.00
38(3) parking causing interference or obstruction $30.00
38(4) parking of a motor cycle or motor scooter in areas other $30.00
than those designated for these vehicles
38(5) parking other than in a parking area—Verge $30.00
38(6) Parking other than in a parking area—Double yellow $30.00
line

46(4)

With the exception of the penalties for speeding under By-law 24 and for parking in a disabled or easy access bay under By-law 38(1), the modified penalties specified in paragraph (3) of this By-law shall be reduced by one half if–

(a)

The penalty is paid not later than seven (7) days after the alleged breach of the By-laws;

31 July 2009 GOVERNMENT GAZETTE, WA 3041

(b)

the Vice-Chancellor or an authorised officer is of the opinion that there are extenuating circumstances which justify the application of this sub-By-law.

47. Student Offences

If a student commits a breach of a By-law, the student may be charged with misconduct in accordance with the applicable University legislation or policy.

The proposed amendments to Murdoch University By-laws as set out in the attached schedule, have been approved and ratified by an absolute majority of the members of the Senate in accordance with sub-section 24 of the Murdoch University Act 1973 (WA).

The University has sealed this document in accordance with Senate resolution S/51/2007

TERRY BUDGE, Chancellor.

JEREMY RIGG, General Counsel & University Secretary.

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.

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