University of New England (Amendment) Act 1978 (NSW)

UNIVERSITY OF NEW ENGLAND (AMENDMENT)

ACT, 1978, No. 169

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Act No. 169, 1978.

An Act to amend the University of New England Act, 1953, to make further provision with respect to By-laws relating to fees and charges; to provide for the election of a member of the Council of the University by the full time members of the non-academic staff of the University; to enable the University to acquire land by resumption or appropriation; and for certain other purposes. [Assented to, 29th December, 1978.1

Act No. 169, 1978.

University of New England {Amendment).

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 :—

Short title. 1 .

This Act may be cited as the “University of New England (Amendment) Act, 1978”.

Commence- 2 .

(1) Except as provided in subsections (2) to (7), this Act shall commence on the date of assent to this Act.

(2) Section 4 shall, in its application to a provision of Schedule 1 or 2, commence or be deemed to have commenced on the day on which that provision commences or is deemed to have commenced, as the case may require.

(3) The several provisions of Schedules 1 and 2, except Schedule 1 (2) (b) to (f) and Schedule 1 (6), shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

(4) For the purposes only of the election of a person to hold office as a member of the Council under section 10 (4) (c l) of the University of New England Act, 1953, as amended by this A.ct, and of any matters necessary for or incidental to that election, the provisions of Schedule 1 (2) (b) to (f) shall ccmmencc on the date of assent to this Act.

(5) The person elected under section 10 (4) (c l) of the University of New England Act, 1953, as amended by this Act, shall assume office as a member of the Council upon the day appointed and notified under subsection (6).

(6) Schedule 1 (2) (b) to (f) shall commence for all purposes on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Act No. 169, 1978.

University of New England {Amendment).

(7) Schedule 1 (6) shall be deemed to have commenced

on 1st February, 1954.

3: This Act contains the following Schedules :— Schedules.

SCHEDULE 1.—Amendments to the University of

New England Act, 1953.

SCHEDULE 2.—Amendments to the University of

New England Act, 1953, by way of Statute Law

Revision. ,

4.     The University o f New England Act, 1953, is amended in Amendment

the manner set forth in Schedules 1 and 2.

5.     A person who, immediately before the date of commence- Saving—

ment of Schedule 1 (2) (g), held office as a member of the the'councd. appointment to that office by the Governor shall, on and from that date, continue to hold that office for the residue of the period for which he would have held that office if this Act had not been enacted and shall, subject to the University of New England Act, 1953, as amended by this Act, be eligible for re-appointment.

SCHEDULE 1. Sec. 4.

Amendments to the University of New England

Act, 1953.

(1) (a) Section 4 (1 )—

Omit “and Convocation and graduate and under­ graduate members”, insert instead “, Convocation, graduates of the University and students enrolled as candidates proceeding to a degree or diploma at the University”.

Act No. 169, 1978.

University of New England {Amendment).

SCHEDULE 1—continued.

Amendments to the University of New England

Act, 1953—continued.

(b) Section 4 (3 )—

After section 4 (2), insert:—

(3) Notwithstanding subsections (1) and (2), a

graduate of the University or a student enrolled as a candidate proceeding to a degree or diploma at the University may be exempted by the Council, on grounds of conscience, from membership of the body corporate.

(2) (a) Section 10 (3) ( c ) ~

Omit “Professorial”, insert instead “Academic”.

(b) Section 10 (4) (c )—

Omit “and”.

(c) Section 10 (4) ( c l ) —

After section 10 (4) (c), insert:—

(c l) one person so elected by such members of the full time staff of the University who are not members of the academic s t ^ as may be prescribed by the By-laws; and

(d) Section 10 (4) (iii)—

Omit “and”.

(e) Section 10 (4) (iv)—

Omit “that paragraph.”, insert instead “that

paragraph; and”.

Act No. 169, 1978.

University of New England {Amendment).

SCHEDULE continued.

Amendments to the University of New England

Act, 1953—continued.

(f) Section 10 (4) (v)—

After section 10 (4) (iv), insert:—

(v)    a person who is not a member of the full time staff of the University referred to in paragraph (c l) shall be ineligible to be elected as a member of the Council in pursuance of that paragraph.

(g) Section 10 (5 )—

Omit “Governor”, insert instead “Minister”.

(3) (a) Section 14 (2) (a )—

Omit “Governor”, insert instead “Minister”.

(b) Section 14 (5 )—

Omit “Governor” wherever occurring, insert instead

“Minister”.

(4) Section 15 (1a)—

After section 15 (1), insert:—

(1a) Notwithstanding subsection (1), a person referred to in subsection (1) (b), (c) or (e) may be exempted by the Council, on grounds of conscience, from membership of Convocation.

(5) Section 24 (2 )—

Omit “Governor”, insert instead “Minister”.

5994U;-65

Act No. 169, 1978.

University of New England (^Amendment).

SCHEDULE 1—continued.

Amendments to the University of New England

Act, 1953—continued.

(6) Section 25 (1) (q), ( q l ) —

Omit section 25 (1) (q), insert instead :—

(q) The payment of such fees and charges, including fines, as the Council deems necessary, including fees and charges to be paid in respect of—

(i) entrance to the University;

(ii) tuition;

(iii) lectures and classes;

(iv) examinations;

(v) residence;

(vi) the conferring of degrees and diplomas;

(vii)   the provision of amenities and services, whether or not of an academic nature; and

(viii)   an organisation of students or of students and other persons;

(q l) The exemption from, or deferment of, payment of

fees and charges, including fines;

(7) Sections 37a, 37b—

After section 37, insert :—

Acquisition	37a. (1) For the purposes of this Act, the Governor may, on the recommendation of the Minister, resume or appropriate any land under Division 1 of Part V of the Public Works Act, 1912.
of land.

Act No. 169, 1978.

University of New England (Amendment).

SCHEDULE 1—continued.

Amendments to the University of New England

Act, 1953—continued.

(2) The Minister shall not make a recommenda­ tion for the purposes of subsection (1) unless he is satisfied that adequate provision has been or will be made for the payment by the University of compensation for the resump­ tion or appropriation and of all necessary charges and expenses incidental to the resumption or appropriation.

(3) A resumption or appropriation effected pursuant to subsection (1) shall be deemed to be for an authorised work within the meaning of the Public Works Act, 1912, and the Minister shall, in relation to that authorised work, be deemed to be the Constructing Authority within the meaning of that Act.

(4) Sections 34, 35, 36 and 37 of the Public Works Act, 1912, do not, but section 38 of that Act does, apply in relation to a resumption or appropriation under this section.

37b. ( n Where land is vested in the Minister as Transfer of

Constructing Authority within the meaning of the Public

Works Act, 1912, by virtue of a resumption or appropria­	University.
tion effected pursuant to section 37a (1). the Minister may convey or transfer that land to the University for such estate, and subject to such trusts and rights of way or other easements, as he thinks fit.

(2) A conveyance, transfer or other instrument

executed for the purposes of subsection (1 )—

(a) is not liable to be stamped with stamp duty under the Stamp Duties Act, 1920; and

(b) may be registered under any Act without fee.

Act No. 169, 1978.

University of New England {Amendment).

Sec. 4. SCHEDULE 2.

Amendments to the University of New England Act, 1953,

BY WAY OF Statute Law Revision.

(1) Long title—

Omit “-1952”.

(2) (a) Section 10 (3) (d )—

Omit “Teachers’ College”, insert instead “College of

Advanced Education”.

(b) Section 10 (8 ), (9 )—

Omit the subsections.

(3) (a) Section 11 (b )—

Omit the paragraph, insert instead :—

(b) is bankrupt, applies to take the benefit of any law for the rehef of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;

(b) Section 11 (d )—

Omit the paragraph, insert instead :—

(d) is a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act,

Act No. 169, 1978.

University of New England {Amendment).

SCHEDULE 2—continued.

Amendments to the University of New England Act, 1953,

BY WAY OF Statute Law Revision—continued.

(4) Section 25 (3), (4 )—

Omit the subsections, insert instead ;—

(3) Every By-law made by the Council shall be sealed with the common seal of the University and submitted for consideration and approval of the Governor.

(4) Section 41 of the Interpretation Act, 1897, applies in respect of a By-law made under this Act and approved by the Governor under subsection (3) as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.

(5) (a) Section 33 (1 )—

Omit “students of teachers’ colleges established under the Public Instruction Act of 1880, such teachers in schools established under that Act”, insert instead “teachers in schools established under the Public Instruction Act of 1880”.

(b) Section 33 (1 )—

Omit “such students, teachers”, insert instead “such teachers”.

(6) Section 35—

Omit “and any Acts amending the same,”.