Universities Legislation Amendment Act 2000 (WA)

Case
No judgment structure available for this case.

Western Australia

Universities Legislation Amendment Act 2000

Western Australia

Universities Legislation Amendment Act 2000

CONTENTS

Part 1 — Preliminary

1.

Short title

2

2.

Commencement

2

Part 2 — Murdoch University

Act 1973 amended

3.

Section 9 amended

3

Part 3 — University of Western

Australia Act 1911 amended

4.

The Act amended

4

5.

Section 4 amended

4

6.

Section 7 replaced

4

7.

Visitor

4

7.

Section 8 amended

4

8.

Sections 10, 10A and 10B replaced

5

10.

Members of the Senate

5

10A.

Tenure of office

6

10B.

Elections to be conducted as prescribed

6

9.

Section 11 amended

6

10.

Section 12 replaced by sections 12 and 12A

7

12.

Chancellor

7

12A.

Pro-Chancellor

7

11.

Section 14 amended

8

12.

Section 14A inserted

8

14A.

Sale of endowment land

8

13.

Section 21 replaced

9

21.

Vacancy in office of Warden — how filled

9

Universities Legislation Amendment Act 2000

Contents

14.

Section 23 amended

10

15.

Transitional

10

Part 4 — Repeals

16.

Repeal of the University Endowment Act 1904

11

17.

Repeal of the University Endowment Act

Amendment Act 1927

11

Part 5 — Consequential amendment

18.

Amendment of the Public Education Endowment

Act 1909

12

Western Australia

Universities Legislation Amendment Act 2000

No. 75 of 2000

An Act to amend —

•

the Murdoch University Act 1973; and

•

the University of Western Australia Act 1911,

to repeal —

•

the University Endowment Act 1904; and

•

the University Endowment Act Amendment Act 1927,

and to make a consequential amendment to the Public Education

Endowment Act 1909.

[Assented to 7 December 2000]

The Parliament of Western Australia enacts as follows:

Universities Legislation Amendment Act 2000

Part 1

Preliminary

s. 1

Part 1 — Preliminary

1.             Short title

This Act may be cited as the Universities Legislation

Amendment Act 2000.

2.             Commencement

(1)

This Act comes into operation on a day to be fixed by

proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

Universities Legislation Amendment Act 2000

Murdoch University Act 1973 amended

Part 2

s. 3

Part 2 — Murdoch University Act 1973 amended

3.             Section 9 amended

(1)

Section 9(1) of the Murdoch University Act 1973* is amended

by deleting “shall exercise in that capacity such general powers

as usually pertain to the office of Visitor” and inserting

instead —

“

has authority, as and when he or she thinks fit, to do all

things that pertain to the office of Visitor

”.

(2)

Section 9(3) of the Murdoch University Act 1973* is repealed.

[*

Reprinted as at 26 February 1999.]

Universities Legislation Amendment Act 2000

Part 3

University of Western Australia Act 1911 amended

s. 4

Part 3 — University of Western Australia Act 1911

amended

4.             The Act amended

The amendments in this Part are to the University of Western

Australia Act 1911*.

[* Reprinted as at 11 February 2000.]

5.             Section 4 amended

Section 4 is amended by deleting “and graduate and

undergraduate members” and inserting instead —

“ staff and graduate and undergraduate students ”.

6.             Section 7 replaced

Section 7 is repealed and the following section is inserted

instead —

“

7.             Visitor

(1)

The Governor shall be the Visitor of the University,

and has authority, as and when he or she thinks fit, to

do all things that pertain to the office of Visitor.

(2)

Despite section 60 of the Interpretation Act 1984, for

the purposes of this section the Governor is authorized

to act without the requirement of obtaining the advice

and consent of the Executive Council.

”.

7.             Section 8 amended

Section 8(1) is amended by deleting “25” and inserting

instead —

“ 21 ”.

Universities Legislation Amendment Act 2000

University of Western Australia Act 1911 amended

Part 3

s. 8

8.             Sections 10, 10A and 10B replaced

Sections 10, 10A and 10B are repealed and the following

sections are inserted instead —

“

10.           Members of the Senate

The Senate shall consist of the following members —

(a)

4 persons appointed by the Governor;

(b)

3 persons, who are not persons referred to in section 8(2), elected by Convocation;

(c)

3 persons, who are persons referred to in section 8(2) (other than the Chairman of the Academic Board of the University), elected by persons referred to in section 8(2);

(d) the Chancellor ex officio;

(e)

the Warden of Convocation ex officio;

(f)

the Chairman of the Academic Board of the University ex officio;

(g)

the Vice-Chancellor of the University ex officio;

(h)

the President of the Guild of Undergraduates ex officio;

(i)      one person who is enrolled as a student of the University, elected by students so enrolled;

(j)

the President of the Postgraduate Students’ Association ex officio;

(k)

3 persons selected and coopted as members of the Senate by the other members of the Senate;

(l)

one person who is a member of the staff (other than the academic staff), elected by the staff other than the academic staff.

Universities Legislation Amendment Act 2000

Part 3

University of Western Australia Act 1911 amended

s. 9

10A.

Tenure of office

(1)

Subject to section 11, the tenure of office of a member of the Senate referred to in section 10(a), (b), (c), (k) or (l) is 4 years from the date of the appointment or

election of the member or the date the member is

selected and coopted as a member.

(2)

Subject to section 11, the tenure of office of a member of the Senate referred to in section 10(i) is 2 years from the date of the election of the member.

(3)

A member of the Senate who has held office by

election, appointment or selection and cooption for

3 consecutive terms is not eligible to hold office for a

further consecutive term.

10B.

Elections to be conducted as prescribed

(1)

The election for a member referred to in section 10(b) shall be held and conducted at the time and place, and in the manner, prescribed by Statute.

(2)

The election for a member referred to in section 10(c),

(i) or (l) shall be held and conducted at the time and

place, and in the manner, prescribed by regulations.

”.

9.             Section 11 amended

Section 11 is amended by inserting after “continuing” the

following —

“ as Chancellor, Pro-Chancellor or ”.

Universities Legislation Amendment Act 2000

University of Western Australia Act 1911 amended

Part 3

s. 10

10.           Section 12 replaced by sections 12 and 12A

Section 12 is repealed and the following sections are inserted

instead —

“

12.           Chancellor

(1) On —

(a)

the expiration of the term of office of the Chancellor; or

(b)

the position of the Chancellor becoming vacant,

the Senate shall elect a person to be the Chancellor of

the University.

(2)

A member of the Senate is not on that account

incapable of being elected as Chancellor.

(3)

Subject to section 11, the Chancellor holds office for

the term of 4 years from the date of election.

(4)

A person who has held office as Chancellor for 3

consecutive terms is not eligible to hold office for a

further consecutive term.

(5)

If a member of the Senate, other than an ex officio

member, is elected to be the Chancellor, the office of

member of the Senate to which that person was elected,

appointed or selected and coopted becomes vacant and

the vacancy shall be filled under section 22.

(6)

The election for the office of Chancellor shall be held

and conducted in the manner prescribed by regulations.

12A.

Pro-Chancellor

(1) On —

(a)

the expiration of the term of office of the Pro-Chancellor; or

Universities Legislation Amendment Act 2000

Part 3

University of Western Australia Act 1911 amended

s. 11

(b)

the position of the Pro-Chancellor becoming vacant,

the Senate shall elect one of its members to be the

Pro-Chancellor of the University.

(2)

Subject to section 11, the Pro-Chancellor holds office

for the term of 4 years from the date of election.

(3)

A person who has held office as Pro-Chancellor for 3

consecutive terms is not eligible to hold office for a

further consecutive term.

(4)

The election for the office of Pro-Chancellor shall be held

and conducted in the manner prescribed by regulations.

”.

11.           Section 14 amended

(1)

Section 14 is amended by inserting before “The” the subsection

designation “(1)”.

(2)

At the end of section 14 the following subsection is inserted —

“

(2)

The Senate may, subject to the provisions of

section 15A relating to trust moneys, invest any

moneys belonging to or vested in the University as

trust funds may be invested under Part III of the

Trustees Act 1962.

”.

12.           Section 14A inserted

After section 14 the following section is inserted —

“

14A.

Sale of endowment land

(1)

The University may, with the consent of the Governor,

sell —

(a)

any land granted or demised to or vested in the University under section 35;

Universities Legislation Amendment Act 2000

University of Western Australia Act 1911 amended

Part 3

s. 13

(b)

any land acquired from the proceeds of the sale of that land; or

(c)

any land acquired under section 2 of the University Endowment Act Amendment Act 1927,

and transfer such land to a purchaser free and

discharged from any trust.

(2)

The proceeds of a sale of any land referred to in

subsection (1) are to be invested as trust funds may be

invested under Part III of the Trustees Act 1962.

”.

13.           Section 21 replaced

Section 21 is repealed and the following section is inserted

instead —

“

21.           Vacancy in office of Warden — how filled

(1)

A vacancy which occurs in the office of Warden from any cause other than annual retirement shall be filled by election.

(2)

If a vacancy which occurs in the office of Warden is

not filled within 3 months after it occurred, then it shall

be filled by the Governor by the appointment of a

qualified person to the office.

(3)

Subject to section 11, a person elected or appointed to

fill a vacancy referred to in subsection (1) shall hold

office for the unexpired part of the term of the office

which became vacant.

”.

Universities Legislation Amendment Act 2000

Part 3

University of Western Australia Act 1911 amended

s. 14

14.           Section 23 amended

Section 23 is amended by deleting “Nothing” and inserting

instead —

“

Subject to section 10A(3), 12(4) or 12A(3), nothing

”.

15.           Transitional

Despite section 8, each person who is a member of the Senate

under section 10 of the University of Western Australia

Act 1911 immediately before the commencement of this section

continues, subject to that Act, to hold office as a member of the

Senate for the remainder of his or her tenure as a member of the

Senate.

Universities Legislation Amendment Act 2000

Repeals

Part 4

s. 16

Part 4 — Repeals

16.           Repeal of the University Endowment Act 1904

The University Endowment Act 1904 is repealed.

17.           Repeal of the University Endowment Act Amendment Act 1927

The University Endowment Act Amendment Act 1927 is

repealed.

Universities Legislation Amendment Act 2000

Part 5

Consequential amendment

s. 18

Part 5 — Consequential amendment

18.           Amendment of the Public Education Endowment Act 1909

Section 15 of the Public Education Endowment Act 1909* is amended by deleting “University Endowment Act 1904” and inserting instead —

“ University of Western Australia Act 1911 ”.

[* Reprinted as at 29 December 1987.

For subsequent amendments see 1999 Index to Legislation of

Western Australia, Table 1, p. 202.]

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0