University Legislation (Amendment) Act 1994 (NSW)
UNIVERSITY LEGISLATION (AMENDMENT) ACT 1994
No. 16
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of university legislation
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION
UNIVERSITY LEGISLATION (AMENDMENT) ACT 1994
No. 16
NEW SOUTH WALES
Act No. 16, 1994
An Act to amend certain university Acts with respect to university Visitors, by-laws, rules and leasing powers; and for other purposes. [Assented to 10 May 1994]
University Legislation (Amendment) Act I994 No. 16
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the University Legislation (Amendment)
Act 1994.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of university legislation
3. Each Act specified in Schedule 1 is amended as set out in that
Schedule.
SCHEDULE 1—AMENDMENT OF UNIVERSITY
LEGISLATION
(Sec. 3)
CHARLES STURT UNIVERSITY ACT 1989 No. 76
(1) Section 14:
Omit the section, insert instead:
Visitor
14. (1) The Governor is the Visitor of the University but
has ceremonial functions only.
(2) Accordingly, the Visitor has no functions or jurisdiction
with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(2) Section 21 (Powers of Board relating to property):
Omit section 21 (3) (b), insert instead:
| (b) | the Board is satisfied that it is to the benefit of the University, whether from a financial or educational standpoint or otherwise, that the lease be entered into. |
(3) Section 31 (By-laws):
| (a) From section 31 | (1) (y), omit "and" where secondly |
occurring.
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continued
(b) At the end of section 31 (1) (z), insert:
; and
(aa) the making, publication and inspection of rules.
(4) Section 32:
Omit the section, insert instead:
Rules
32. (l) The by-laws may empower any authority (including the Board) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 9 (6), 10 (2), 15 (l), 19 (1) (d) and (e), 26 and 31 (1) (b) and (k) and clauses 1 (d) and 3 of Schedule 1.
(2) A rule:
| (a) | has the same force and effect as a by-law; and |
| (b) | may, from time to time, be amended or repealed by the Board (whether or not the Board is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule; and |
| (c) | takes effect on the day on which it is published or on such later day as may be specified in the rule; and |
| (d) | must indicate the authority or officer who made the |
rule and that it is made under this section.
| (3) | In the event of an inconsistency between a by-law and |
a rule, the by-law prevails to the extent of the inconsistency.
| (4) | The fact that a provision of this Act specifically |
provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE l—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
(5) Schedule 4 (Savings and transitional provisions):
After Part 2, insert:
PART 3—PROVISIONS CONSEQUENT ON THE
ENACTMENT OF THE UNIVERSITY
LEGISLATION (AMENDMENT) ACT 1994
Visitor
31. (1) Section 14 (2) extends to disputes and other matters arising before the commencement of this clause.
| (2) | However, if an inquiry by or at the direction of the |
Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
Effect of the University Legislation (Amendment) Act
1994 on existing by-laws and rules
32. (1) Any by-law made or taken to have been made under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so mended at the time the by-law was made.
| (2) | Any rule in force immediately before the |
commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
MACQUARIE UNIVERSITY ACT 1989 No. 126
(1) Section 13:
Omit the section, insert instead:
Visitor
13. ( 1) The Governor is the Visitor of the University but has ceremonial functions only.
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE l—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
| (2) | Accordingly, the Visitor has no functions or jurisdiction |
with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(2) Section 18 (Powers of Council relating to property):
Omit section 18 (3) (b), insert instead:
| (b) | the Council is satisfied that it is to the benefit of the University, whether from a financial or educational standpoint or otherwise, that the lease be entered into. |
(3) Section 28 (By-laws):
| (a) | From section 28 (1) (y), omit “and” where secondly occurring. |
(b) At the end of section 28 (1) (z), insert:
; and
(aa) the making, publication and inspection of rules.
(4) Section 29:
Omit the section, insert instead:
Rules
29. (1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 9 (5), 10 (2), 14 (1), 16 (1) (d) and (e), 23 and 28 (1) (b) and (k) and clauses 1 (d) and (e) and 3 of Schedule1.
(2) A rule:
(a) has the same force and effect as a by-law; and
| (b) | may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule; and |
| (c) | takes effect on the day on which it is published or on such later day as may be specified in the rule; and |
University Legislation (Amendment) Act 1994 No. 16
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continued
| (d) | must indicate the authority or officer who made the rule and that it is made under this section. |
| (3) | In the event of an inconsistency between a by-law and |
a rule, the by-law prevails to the extent of the inconsistency.
| (4) | The fact that a provision of this Act specifically |
provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.
(5) Schedule 3 (Savings and transitional provisions):
After clause 8, insert:
Visitor
9. (1) Section 13 (2) extends to disputes and other matters arising before the commencement of this clause.
| (2) | However, if an inquiry by or at the direction of the |
Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
Effect of the University Legislation (Amendment) Act
1994 on existing by-laws and rules
10. (1) Any by-law made or taken to have been made under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
SOUTHERN CROSS UNIVERSITY ACT 1993 No. 69
(1) Section 14:
Omit the section, insert instead:
Visitor
14. (1) The Governor is the Visitor of the University but
has ceremonial functions only.
| (2) | Accordingly, the Visitor has no functions or jurisdiction |
with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(2) Section 18 (Powers of Council relating to property):
Omit section 18 (3) (b), insert instead:
| (b) | the Council is satisfied that it is to the benefit of the U niversity, whether from a financial or educational standpoint or otherwise, that the lease be entered into. |
(3) Section 29 (By-laws):
After section 29(1) (z), insert:
(aa) the making, publication and inspection of rules.
(4) Section 30:
Omit the section, insert instead:
Rules
30. (1) The by-laws may empower any authority
(including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 10 (5), 11 (2), 16 (1) (d) and (e), 24 and 29 (1) (b) and (k) and clauses 1 (d) and 3 of Schedule 1.
(2) A rule:
(a) has the same force and effect as a by-law; and
| (b) | may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule; and |
University Legislation (Amendment) Act 1994 No. 16
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continued
| (c) | takes effect on the day on which it is published or on such later day as may be specified in the rule; and |
(d) must indicate the authority or officer who made the
rule and that it is made under this section.
| (3) | In the event of an inconsistency between a by-law and |
a rule, the by-law prevails to the extent of the inconsistency.
| (4) | The fact that a provision of this Act specifically |
provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.
(5) Schedule 3 (Savings and transitional provisions):
After Part 5, insert:
Part 6—Miscellaneous
Visitor
29. (1) Section 14 (2) extends to disputes and other matters arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as ifthe University Legislation (Amendment) Act 1994 had not been enacted.
Effect of the University Legislation (Amendment) Act
1994 on existing by-laws and rules
30. (1) Any by-law made or taken to have been made under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
UNIVERSITY OF NEW ENGLAND ACT 1993 No. 68
(1) Section 13:
Omit the section, insert instead:
Visitor
13. (1) The Governor is the Visitor of the University but has ceremonial functions only.
(2)Accordingly,theVisitorhasno€functionsorjurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(2) Section 18 (Powers of Council relating to property):
Omit section 18 (3) (b), insert instead:
| (b) | the Council is satisfied that it is to the benefit of the University, whether from a financial or educational standpoint or otherwise, that the lease be entered into. |
(3) Section 28 (By-laws):
After section 28 (1) (z), insert:
(aa) the making, publication and inspection of rules.
| (4) | Section 29: |
Omit the section, insert instead:
Rules
29. (1) The by-laws may empower any authority (including the Council) or officer of the University to make rules- (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 9 (S), 10 (2), 14 (l), 16 (1) (d) and (e), 23 and 28 (1) (b) and (k) and clauses 1 (d) and (e) and 3 of Schedule 1.
(2) A rule:
(a) has the same force and effect as a by-law; and
| (b) | may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule; and |
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
| (c) | takes effect on the day on which it is published or on such later day as may be specified in the rule; and |
| (d) | must indicate the authority or officer who made the rule and that it is made under this section. |
| (3) | In the event of an inconsistency between a by-law and |
a rule, the by-law prevails to the extent of the inconsistency.
| (4) | The fact that a provision of this Act specifically |
provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.
(5) Schedule 3 (Savings and transitional provisions):
After Part 5, insert:
Part 6—Miscellaneous
Visitor
33. (1) Section 13 (2) extends to disputes and other matters arising before the commencement of this clause.
| (2) | However, if an inquiry by or at the direction of the |
Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
Effect of the University Legislation (Amendment) Act
1994 on existing by-laws and rules
34. (1) Any by-law made or taken to have been made under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE l—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
UNIVERSITY OF NEW SOUTH WALES ACT 1989
No. 125
(1) Section 13:
Omit the section, insert instead:
Visitor
13. (1) The Governor is the Visitor of the University but has ceremonial functions only.
| (2) | Accordingly, the Visitor has no functions or jurisdiction |
with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(2) Section 17 (Powers of Council relating to property):
Omit section 17 (3) (b), insert instead:
| (b) | the Council is satisfied that it is to the benefit of the University, whether from a financial or educational standpoint or otherwise, that the lease be entered into. |
(3) Section 27 (By-laws):
| (a) | From section 27 (1) (y), omit “and” where secondly occurring. |
(b) At the end of section 27 (1) (z), insert:
; and
(aa) the making, publication and inspection of rules.
| (4) | Section 28: |
Omit the section, insert instead:
Rules
28. (1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 9 (5), 10 (2), 15 (1) (d) and (e), 22 and 27 (1) (b) and (k) and clauses 1 (d) and (e) and 3 of Schedule 1.
(2) A rule:
(a) has the same force and effect as a by-law; and
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule; and
takes effect on the day on which it is published or on such later day as may be specified in the rule; and must indicate the authority or officer who made the rule and that it is made under this section.
In the event of an inconsistency between a by-law and
a rule, the by-law prevails to the extent of the inconsistency.
(4) The fact that a provision of this Act specifically
provides for a matter to be the subject of by-laws (without
mention of rules) does not prevent the matter from being the
subject of rules made in accordance with this section.
(5) Schedule 3 (Savings and transitional provisions):
After clause 7, insert:
Visitor
8. (1) Section 13 (2) extends to disputes and other matters
arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or-other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
Effect of the University Legislation (Amendment) Act
1994 on existing by-laws and rules
9. (1) Any by-law made or taken to have been made under
this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE l—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
UNIVERSITY OF NEWCASTLE ACT 1989 No. 68
(1) Section 13:
Omit the section, insert instead:
Visitor
13. (1) The Governor is the Visitor of the University but has ceremonial functions only.
(2) Accordingly, the Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(2) Section 18 (Powers of Council relating to property):
Omit section 18 (3) (b), insert instead:
| (b) | the Council is satisfied that it is to the benefit of the University, whether from a L financial or educational standpoint or otherwise, that the lease be entered into. |
(3) Section 28 (By-laws):
| (a) | From section 28 (1) (y), omit “and” where secondly occurring. |
(b) At the end of section 28 (1) (z), insert:
; and
(aa) the making, publication and inspection of rules.
| (4) | Section 29: |
Omit the section, insert instead:
Rules
29. (1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE l—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
which by-laws may be made, except the matters referred to in sections 3 (2), 9 (5), 10 (2), 14 (l), 16 (l) (d) and (e), 23 and 28 (1) (b) and (k) and clauses 1 (d) and (e) and 3 of Schedule 1.
(2) A rule:
(a) has the same force and effect as a by-law; and
| (b) | may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule; and |
| (c) | takes effect on the day on which it is published or on such later day as may be specified in the rule; and |
| (d) | must indicate the authority or officer who made the rule and that it is made under this section. |
| (3) | In the event of an inconsistency between a by-law and |
a rule, the by-law prevails to the extent of the inconsistency.
| (4) | The fact that a provision of this Act specifically |
provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.
(5) Schedule 3 (Savings and transitional provisions):
After clause 9, insert:
Visitor
10. (1) Section 13 (2) extends to disputes and other matters
arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
Effect of the University Legislation (Amendment) Act
1994 on existing by-laws and rules
11. (1) Any by-law made or taken to have been made
under this Act and in force immediately before the commencement of this clause is taken to have been made
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE l—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
UNIVERSITY OF SYDNEY ACT 1989 No. 124
(1) Section 13:
Omit the section, insert instead:
Visitor
13. (l) The Governor is the Visitor of the University but has ceremonial functions only.
(2) Accordingly, the Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(2) Section 18 (Powers of Senate relating to property):
Omit section 18 (3) (b), insert instead:
| (b) | the Senate is satisfied that it is to the benefit of the University, whether from a financial or educational standpoint or otherwise, that the lease be entered into. |
(3) Section 36 (By-laws):
From section 36 (1) (cc), omit “and” where secondly
occurring.
At the end of section 36 (1) (dd), insert:
; and
(ee) the making, publication and inspection of rules.
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE I—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
(4) Section 37:
Omit the section, insert instead:
Rules
37. (1) The by-laws may empower any authority (including the Senate) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 9 (5) and (9), 10 (2), 14 (l), 16 (l) (d) and (e), 30 and 36 (1) (b) and (k) and clauses 1 (d) and (e) and 3 of Schedule 1.
A rule:
has the same force and effect as a by-law; and
may, from time to time, be amended or repealed by the
Senate (whether or not the Senate is empowered to
make such a rule), or by the authority or officer of the
University for the time being empowered to make such
a rule; and
takes effect on the day on which it is published or on
such later day as may be specified in the rule; and
must indicate the authority or officer who made the
rule and that it is made under this section.
In the event of an inconsistency between a by-law and
a rule, the by-law prevails to the extent of the inconsistency.
(4) The fact that a provision of this Act specifically
provides for a matter to be the subject of by-laws (without
mention of rules) does not prevent the matter from being the
subject of rules made in accordance with this section.
(5) Schedule 3 (Savings and transitional provisions):
After clause 9, insert:
Visitor
10. (1) Section 13 (2) extends to disputes and other matters
arising before the commencement of this clause.
| (2) | However, if an inquiry by or at the direction of the |
Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE l—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
Effect of the University Legislation (Amendment) Act
1994 on existing by-laws and rules
11. (1) Any by-law made or taken to have been made
under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the
commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
UNIVERSITY OF TECHNOLOGY, SYDNEY, ACT 1989
No. 69
(1) Section 13:
Omit the section, insert instead:
Visitor
13. (1) The Governor is the Visitor of the University but has ceremonial functions only.
| (2) | Accordingly, the Visitor has no €unctions or jurisdiction |
with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(2) Section 18 (Powers of Council relating to property):
Omit section 18 (3) (b), insert instead:
| (b) | the Council is satisfied that it is to the benefit of the University, whether from a financial or educational standpoint or otherwise, that the lease be entered into. |
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
(3) Section 28 (By-laws):
| (a) | From section 28 (1) (y), omit “and” where secondly occurring. |
(b) At the end of section 28 (1) (z), insert:
; and
(aa) the making, publication and inspection of rules.
(4) Section 29:
Omit the section, insert instead:
Rules
29. (1) The by-laws may empower amy authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 9 (5), 10 (2), 14 (l), 16 (1) (d) and (e), 23 and 28 (1) (b) and (k) and clauses 1 (d) and (e) and 3 of Schedule 1.
A rule:
has the same force and effect as a by-law; and
may, from time to time, be amended or repealed by the
Council (whether or not the Council is empowered to
make such a rule), or by the authority or officer of the
University for the time being empowered to make such
a rule; and
takes effect on the day on which it is published or on
such later day as may be specified in the rule; and
must indicate the authority or officer who made the
rule and that it is made under this section.
In the event of an inconsistency between a by-law and
a rule, the by-law prevails to the extent of the inconsistency.
(4) The fact that a provision of this Act specifically
provides for a matter to be the subject of by-laws (without
mention of rules) does not prevent the matter from being the
subject of rules made in accordance with this section.
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
(5) Schedule 3 (Savings and transitional provisions):
After clause 10, insert:
Visitor
11. (1) Section 13 (2) extends to disputes and other matters arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
Effect of the University Legislation (Amendment) Act
1994 on existing by-laws and rules
12. (1) Any by-law made or taken to have been made
under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation
(Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made, under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
UNIVERSITY OF WESTERN SYDNEY ACT 1988 No. 90
(1) Section 11 (Powers of Board):
Omit section 11 (3) (b), insert instead:
| (b) | the Board is satisfied that it is to the benefit of the University, whether from a financial or educational standpoint or otherwise, that the lease be entered into. |
University Legislation (Amendment) Act 1994 No. I6
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
(2) Section 29:
Omit the section, insert instead:
Visitor
29. (1) The Governor is the Visitor of the University but has ceremonial functions only.
(2) Accordingly, the Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(3) Section 35 (By-laws):
At the end of section 35 (2) (x), insert:
; and
(y) the making, publication and inspection of rules.
(4) Section 36:
Omit the section, insert instead:
Rules
36. (1) The by-laws may empower any authority (including the Board) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters €or or with respect to which by-laws may be made, except the matters referred to in sections 3 (3), 9 (6), 11 (1) (e) and (f), 13 (2), 24 (l) and 35 (2) (b) and clauses 2 (d) and 4 of Schedule 1.
A rule:
has the same force and effect as a by-law; and
may, from time to time, be amended or repealed by the
Board (whether or not the Board is empowered to
make such a rule), or by the authority or officer of the
University for the time being empowered to make such
a rule; and
takes effect on the day on which it is published or on
such later day as may be specified in the rule; and
must indicate the authority or officer who made the
rule and that it is made under this section.
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE l-AMENDMENT OF UNIVERSITY LEGISLATION-
continued
| (3) | In the event of an inconsistency between a by-law and |
a rule, the by-law prevails to the extent of the inconsistency.
| (4) | The fact that a provision of this Act specifically |
provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the .matter from being the subject of rules made in accordance with this section.
(5) Schedule 3 (Savings and transitional provisions):
| (a) In the heading, before “TRANSITIONAL” | insert |
“SAVINGS AND”.
| (b) | After clause 18, insert: Visitor |
19. (1) Section 29 (2) extends to disputes and other matters arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
| Effect of the University Legislation (Amendment) Act 1994 on existing by-Iaws, rules and orders |
| 20. (1) Any by-law made or taken to have been under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made. |
| (2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made. |
| (3) | Any order made under section 36 and in force |
immediately before the commencement of this clause is taken to be a rule made under that section as inserted by the
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
University Legislation (Amendment) Act 1994, but only to the extent that it could have been made as a rule under that section as so inserted.
UNIVERSITY OF WOLLONGONG ACT 1989 No. 127
(1) Section 13:
Omit the section, insert instead:
Visitor
13. (1) The Governor is the Visitor of the University but has ceremonial functions only.
| (2) | Accordingly, the Visitor has no functions or jurisdiction |
with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
(2) Section 18 (Powers of Council relating to property):
Omit section 18 (3) (b), insert instead:
| (b) | the Council is satisfied that it is to the benefit of the University, whether from a financial or educational standpoint or otherwise, that the lease be entered into. |
(3) Section 28 (By-laws):
| (a) | From section 28 (1) (y), omit “and” where secondly occurring. |
(b) At the end of section 28 (1) (z), insert:
; and
(aa) the making, publication and inspection of rules.
(4) Section 29:
Omit the section, insert instead:
Rules
29. (1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE 1-AMENDMENTOF UNIVERSITY LEGISLATION-
continued
which by-laws may be made, except the matters referred to in sections 3 (2), 9 (5), 10 (2), 14 (1), 16 (1) (d) and (e), 23 and 28 (1) (b) and (k) and clauses l (d) and (e) and 3 of Schedule 1.
A rule:
has the same force and effect as a by-law; and
may, from time to time, be amended or repealed by the
Council (whether or not the Council is empowered to
make such a rule), or by the authority or officer of the
University for the time being empowered to make such
a rule; and
takes effect on the day on which it is published or on
such later day as may be specified in the rule; and
must indicate the authority or officer who made the
rule and that it is made under this section.
(3) In the event of an inconsistency between a by-law and
a rule, the by-law prevails to the extent of the inconsistency.
| (4) | The fact that a provision of this Act specifically |
provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.
(5) Schedule 3 (Savings and transitional provisions):
After clause 8, insert:
Visitor
9. (1) Section 13 (2) extends to disputes and other matters arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
Effect of the University Legislation (Amendment) Act
1994 on existing by-laws and rules
10. (1) Any by-law made or taken to have been made
under this Act and in force immediately before the
University Legislation (Amendment) Act 1994 No. 16
SCHEDULE 1—AMENDMENT OF UNIVERSITY LEGISLATION—
continued
commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994, but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
[Minister's second reading speech made in— Legislative Council on 14 April 1994 Legislative Assembly on 21 April 1994 a.m.]
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