Technical Education and New South Wales University of Technology (Amendment) Act 1955 (NSW)

TECHNICAL EDUCATION AND NEW SOUTH WALES UNIVERSITY OF TECHNOLOGY (AMEND­ MENT) ACT.

Act No. 8, 1955.

An Act to amend the Technical Education and New South Wales University of Technology Act, 1949, in certain respects; and for purposes connected therewith. [Assented to, 9th March, 1955.]

lative Council 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 Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Technical Education and New South Wales University of Tech­ nology (Amendment) Act, 1955."
(2) The Technical Education and New South Wales University of Technology Act, 1949, is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Technical Education and New South Wales University of Technology Act, 1949-1955.

2 . (1) The Principal Act is amended—

referred

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

(1) Any moneys, including any interest accrued due thereon, that are, immediately before the commencement of section two of the Technical Education and New South Wales University of Technology (Amendment) Act, 1955, vested in any one or more of the persons

referred to in the subsection which this subsection replaces upon the trusts referred to in that subsection shall, as from that commence­ ment, be divested from those persons and vest in the trustees referred to in subsection (1A) of this section upon trust to apply the same in accordance with any direction given with respect thereto under subsection two of this section.

(1A) For the purposes of this section the trustees shall be—

(a)	the persons for the time being holding the offices of Principal of the Newcastle Technical College and Registrar of that College; and
(b)	a member of the council referred to in subsection two of this section appointed by the Minister upon the recommenda­ tion of that council.

The Minister may, in like manner, remove any trustee appointed under paragraph (b) of this subsection and exercise the power conferred upon him by that paragraph whenever a trustee so appointed ceases to hold office by reason of removal, death or resignation.

Any two of such trustees may do and per­ may do and perform. form any act or thing that the three trustees

(b) by omitting from subsection three of the same section the words "The Newcastle Technical Education District Council and any member thereof shall upon the commencement of this Par t of this Ac t " and by inserting in lieu thereof the words "The persons from whom the moneys referred to in subsection one of this section are divested by that subsection shall,

upon

upon the commencement of section two of the Technical Education and New South Wales University of Technology (Amendment) Act, 1955";

(c) by omitting from subsection four of the same section the definition of "Newcastle Technical Education District Council".

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

3 . (1) The Principal Act is further amended—

(a) by omitting from sections nineteen, twenty-four, twenty-six and thirty the word "Direc tor" wherever occurring and by inserting in lieu thereof the word "Vice-Chancellor";

(b) (i) by omitting section twenty-one and by inserting in lieu thereof the following section:—

21. (1) The first Chancellor and the first Deputy Chancellor of the University shall be the persons who, immediately before the day upon which Her Majesty's assent to the Technical Education and New South

Wales University of Technology (Amend­

ment) Act, 1955, is signified, held office as President and Vice-President of the University respectively. Such persons shall hold office as Chancellor and Deputy Chancellor for the remainder of the period for which and upon the terms and con­ ditions upon which they would have held office as President and Vice-President respectively had the said Act not been enacted.

(2)

(2) Whenever a vacancy in the office of Chancellor or Deputy Chancellor occurs the Council shall elect one of its number to be Chancellor or Deputy Chancellor of the University.

(3) The Chancellor and Deputy

Chancellor shall, subject to subsection one of this section, hold office for such period and on such terms and conditions as may be prescribed by the by-laws.

(ii)   by omitting from sections twenty-two and thirty the word "Pres iden t" wherever occurring and by inserting in lieu thereof the word "Chancellor";

(iii)   by omitting from section twenty-two the word "Vice-President" wherever occurring and by inserting in lieu thereof the words "Deputy Chancellor".

(2) The person who immediately before the day upon which Her Majesty's assent to this Act is signified acted as Director of the University shall be deemed to have been appointed Vice-Chancellor of the University.

4 . (1) The Principal Act is further amended—

(a) by omitting from subsection two of section

nineteen the word " t h i r t y " and by inserting in

lieu thereof the word " thi r ty-nine";

(b) by inserting next after paragraph (f) of the same subsection the following new para­ graph :—

(fl) two shall be appointed on the nomina­ tion of the Minister to represent agricultural, pastoral and rural in­ terests ;

(c)

(c) by inserting next after paragraph (h) of the same subsection the following new para­ graph :—

(h1) one shall be the person for the time being holding the office of Chairman of the Professorial Board of the Uni­ versity;

(d) by omitting paragraph (j) of the same subsection and by inserting in lieu thereof the following paragraph :—

(j) not more than seven, the number to be determined in accordance with the provisions of subsection (2A) of this section, shall be persons having the qualifications as prescribed by the by-laws elected, in the manner pre­ scribed by the by-laws, by the graduates of the University;

(e) by inserting next after the same subsection the following new subsection:—

(2A) The number of persons to be elected pursuant to paragraph (j) of subsection two of this section shall be—

(a) where the number of the graduates of the University does not exceed five hundred, two;

(b)	where the number of the graduates of the University exceeds five hundred but does not exceed one thousand, three;
(c)	where the number of the graduates of the University exceeds one thousand, four and one for each additional one thousand graduates in excess of one thousand and one until the maximum number of seven is attained.

For

For the purposes of this section " g r a d u a t e " means person whose name appears on the list of electors comprised of graduates prepared in accordance with the by-laws.

(f)	by inserting in subsection three of the same section after the symbols and letter " ( f ) " the
symbols and letter " , ( f l ) " ;

(g) (i) by inserting in paragraph (a) of subsection five of the same section after the word "Univers i ty" where firstly occurring the words "and the Chairman of the Profes­ sorial Board of the University";

(ii)   by inserting at the end of the same para­ graph the following words:—

"The Chairman of the Professorial
Board of the University shall hold office
while he remains Chairman of that Board".

(2) (a) For the purposes only of the appointment of persons to be members of the Council pursuant to the amendments made by subsection one of this section and of any matters necessary for or incidental to such appointment the provisions of that subsection shall commence on the day upon which Her Majesty's assent to this Act is signified.

(b) The persons so appointed shall assume
their offices as members of the Council upon a day to be

appointed by the Governor and notified by proclamation

published in the Gazette; and on that day the provisions
of subsection one of this section shall come into force
for all purposes.

(3) Nothing in this section affects the continuity of office as a member of the Council of any person who held office as such immediately before the day appointed pursuant to paragraph (b) of subsection two of this section.

WINE