University of Newcastle Act 1964 (NSW)
UNIVERSITY OF NEWCASTLE ACT.
Act No. 72,1964.
An Act to provide for the establishment and incorpor- ation of a University at Newcastle; to constitute a Council of the University and define its powers, authorities, duties and functions; to vest certain property in the University; to dissolve the New- castle University College; to amend the Technical Education and New South Wales University of Technology Act, 1949, the University of New England Act, 1953, the Superannuation Act, 1916, the Local Government Act, 1919, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 18th
December, 1964.]
¥ > E it enacted by the Queen ' s Mos t Excellent Majesty, b y
a n d with the advice and consent of the Legislative
Counci l and Legislative Assembly of New South Wales in
Par l i ament assembled, a n d by the au thor i ty of the same, a s
| f o l l o w s : | — |
| 1. | Th i s A c t m a y be cited as the "Univers i ty of | Newcas t le |
| Ac t , | 1 9 6 4 " . |
| 2 . | Th i s | A c t | shall c o m m e n c e | u p o n | a d a y | to b e | appoin ted |
| by the Gove rno r | a n d notified | by p roc l ama t ion publ i shed | in |
| the | Gaze t t e . |
3 . I n this Ac t , unless the context or subject-matter other
| wise | indicates | o r | r e q u i r e s — |
" A p p o i n t e d d a y " m e a n s the d a y appo in ted by the Gover n o r a n d notified by p roc l ama t ion p u r s u a n t to subsect ion one of sect ion ten of this A c t .
"By- laws" m e a n s the by-laws of the Univers i ty in force
in p u r s u a n c e of this Ac t .
" C o u n c i l " m e a n s the Counci l of the Univers i ty .
" M e m b e r " m e a n s m e m b e r of the Counci l . "Newcas t le Univers i ty Co l l ege" m e a n s t h e Newcas t le
Univers i ty College established unde r P a r t I I I of the
Techn ica l E d u c a t i o n a n d Universi ty of N e w South
Wales Ac t , 1 9 4 9 - 1 9 6 1 .
"Unive r s i ty" m e a n s Univers i ty of Newcas t le .
| 4 . | ( 1 ) | T h e r e | is | hereby | established | t h e | Univers i ty | of |
Newcas t le .
| T h e Univers i ty shall consist of a Counci l , Convoca t ion , | the |
professors and such o the r classes of persons giving ins t ruct ion wi thin the Universi ty a n d such super ior officers wi thin the Univers i ty as m a y be prescr ibed a n d the g radua tes and under gradua tes of the Universi ty.
( 2 )
( 2 ) T h e Universi ty shall b e a b o d y corpora te unde r
the n a m e of " T h e Universi ty of Newcas t l e " wi th pe rpe tua l succession a n d a c o m m o n seal, and shall b e capab le by tha t
n a m e of—
( a ) suing and be ing s u e d ;
( b )
tak ing , pu rchas ing and hold ing real and personal p roper ty ( inc luding p roper ty devised, bequea thed
or given to the U n i v e r s i t y ) ; ( c )
grant ing, a l ienat ing, assigning, selling a n d demising
real o r personal p r o p e r t y ; and (d) doing and suffering all such other acts and things as
bodies co rpo ra t e m a y by law d o and suffer.
5 . ( 1 ) T h e c o m m o n seal of the Universi ty shall b e kep t in such custody as the Counci l directs and shall no t b e used
except u p o n resolut ion of the Counci l .
( 2 ) All cour ts , judges and persons act ing judicial ly
shall t ake judicial not ice of the c o m m o n seal of the Universi ty affixed to any documen t , and shall p r e s u m e tha t it was duly affixed.
6. T h e functions of the Univers i ty shall , within the l imits
of its resources , i n c l u d e —
( a ) the provis ion of educa t iona l facilities a t universi ty
s t andard for persons enrol led t he r e in ; a n d (b )
the conferr ing a n d award ing of degrees a n d d ip lomas .
T h e Univers i ty m a y for the pu rpose of d ischarging its functions provide from t ime to t ime such facilities for its 7.
s tudents as it deems des i rable .
8. ( 1 ) T h e r e shall be a Counci l of the Univers i ty which shall have and m a y exercise and discharge the powers , authori t ies , dut ies and functions conferred a n d imposed u p o n the Counci l by or unde r this A c t :
Provided that the provisions of sections thi r teen, fifteen and
sixteen of this Act shall not apply to o r in respect of the Council consist ing of the m e m b e r s referred to in sect ion n ine of
this Act . (2) ( 2 ) T h e governing author i ty of the Universi ty shall
| b e the | Counci l . |
| 9. | ( 1 ) | T h e first m e m b e r s of the Counci l shall be | the |
| persons | w h o | immedia te ly | before | the | c o m m e n c e m e n t | of | this |
| A c t | he ld | office | as m e m b e r s | of | the Newcas t le | Universi ty |
| College | Counci l . |
( 2 ) Such m e m b e r s shall , subject t o this Ac t , hold
office unt i l the Counci l duly const i tu ted unde r sect ion ten of
this A c t assumes office.
( 3 ) W h e r e a casual vacancy occurs in the office of any such m e m b e r the Gove rno r m a y appoin t a person to the vacan t office and the pe r son so appo in ted shall hold office for the res idue of his predecessor 's t e rm of office.
(4) ( a ) Such m e m b e r s shall a t their first mee t ing
| elect | f rom | their n u m b e r | a | C h a i r m a n | and | Vice -Cha i rman . |
( b ) A t every meet ing of such m e m b e r s the
| C h a i r m a n | or, if he is no t present , the Vice -Cha i rman | shall |
| pres ide , | bu t | if | b o t h | the | C h a i r m a n | and | the | Vice -Cha i rman |
| a re no t present , the m e m b e r s present shall elect a person | f rom |
| their n u m b e r | to pres ide | as | cha i rman . |
( 5 ) Such m e m b e r s shall t ake all steps necessary to
ensure tha t the Counci l is du ly const i tu ted u n d e r sect ion ten of this A c t so as t o assume office o n the appo in ted day .
| 1 0 . | ( 1 ) | T h e Counci l , as f rom the appoin ted day , | shall |
b e const i tu ted in accordance wi th this section.
| T h e Counci l const i tuted in accordance wi th this section shall a ssume office u p o n such day as the Gove rno r | m a y |
| appo in t in tha t behalf | a n d notify by p roc l ama t ion | publ ished |
| in the | Gaze t te . |
( 2 ) Six m e m b e r s shall b e appoin ted by the
Gove rno r .
( 3 )
57191—26
( 3 ) O n e m e m b e r shal l be elected by the m e m b e r s
of the Legislat ive Counci l .
( 4 ) O n e m e m b e r shall be elected by the m e m b e r s
of the Legislat ive Assembly .
( 5 ) ( a ) T w o m e m b e r s , be ing professors, shal l be
appo in t ed o r elected in the m a n n e r prescr ibed by the by-laws, by such m e m b e r s of the academic staff of the Univers i ty , as m a y be so prescr ibed.
( b ) O n e m e m b e r , be ing a m e m b e r o the r t h a n
a professor of the academic staff of the Universi ty, shall be appoin ted o r elected in the m a n n e r prescr ibed by the by-laws, by such m e m b e r s of the academic staff of the Universi ty as
m a y b e so prescr ibed.
(c) O n e m e m b e r , be ing a m e m b e r of the staff
o ther t han the academic staff of the Universi ty , shall be appo in ted or elected in the m a n n e r prescr ibed by the by-laws by such m e m b e r s of such staff as m a y be so prescr ibed.
(6) O n e m e m b e r sha l l be appo in ted o r elected,
in the m a n n e r prescr ibed by the by-laws, by the under
gradua tes of the Universi ty .
( 7 ) F ive m e m b e r s shall b e appo in ted o r elected,
in the m a n n e r prescr ibed b y the by-laws, by Convoca t ion . ( 8 ) T h e Vice-Chancel lor shall be ex officio a mem
be r of the Counci l .
( 9 ) F o u r persons shall b e appo in t ed o r elected,
in the m a n n e r prescr ibed by the by-laws, by the m e m b e r s for the t ime be ing referred to in subsect ions two to eight, bo th inclusive, of this sect ion.
( 1 0 ) A person w h o is a full-time m e m b e r of the
staff of the Univers i ty shall be ineligible to b e a m e m b e r appoin ted o r elected in te rms of subsect ions six, seven a n d n ine of this sect ion.
( 1 1 )
( 1 1 ) T h e m e m b e r s of t h e Counc i l o ther than
the Chancel lor , Depu ty Chance l lo r and Vice-Chancel lor shall, subject to sections eleven and twelve of this Ac t , hold office for such per iod not exceeding four years as the by-laws m a y prescr ibe . Different t e rms of office m a y b e prescr ibed in
| respect of different | classes of | m e m b e r s . |
( 1 2 ) In the event of a casual vacancy in the office of any m e m b e r , a m e m b e r shall b e appo in ted o r elected in the same m a n n e r as tha t in which the m e m b e r whose seat is vacan t was appo in ted or elected, or , in such cases and in such c i rcumstances as a re specified in the by-laws in such o the r m a n n e r as is prescr ibed by the by-laws, and the person so appo in ted o r elected shall hold office for the res idue of
| his predecessor ' s t e rm of | office. |
| 1 1 . | N o | pe r son | w h o — |
(a ) is u n d e r the age of twenty-one y e a r s ;
( b ) is a n und i scharged b a n k r u p t , o r has his affairs
unde r l iquidat ion by a r r angemen t with his c red i to r s ;
(c) has been convicted of an offence and sentenced to
impr i sonment , unless he has received a free p a r d o n or has unde rgone the s en t ence ; o r
(d) is a mentally ill person, a protected person or an
incapab le person wi thin the mean ing of the M e n t a l
Hea l th Ac t , 1 9 5 8 , as a m e n d e d by subsequent Ac t s ,
| shall b e capab le of be ing or cont inuing to b e a m e m b e r of | |
| the | Counci l . |
A m e m b e r of the Counci l shall b e deemed to have
vaca ted his office if h e —
(a ) d i e s ; ( b ) declines to a c t ; ( c )
b y writ ing u n d e r his h a n d addressed to the Vice- Chancel lor , resigns his office;
( d )
(d) is absent without leave of the Council from four
consecut ive meet ings of the C o u n c i l ; o r ( e ) be ing a m e m b e r of the Legislat ive Counci l o r Legis
lat ive Assembly , ceases t o b e such a m e m b e r .
1 3 . ( 1 ) T h e Chance l lo r shal l pres ide at all meet ings of
the Counci l a n d of all commit tees a t which h e is present .
( 2 ) A t any meet ing of the Counci l o r of a commit tee
a t which the Chancel lor is n o t present , t he D e p u t y Chancel lor shall pres ide , a n d in the absence of b o t h t h e Chance l lo r a n d
the D e p u t y Chance l lor , the m e m b e r elected by the m e m b e r s
present f rom a m o n g their n u m b e r , shall pres ide .
14. ( 1 ) Convoca t ion shall consist of the following
persons , of o r above the age of twenty-one years , n a m e l y —
( a ) all m e m b e r s a n d pas t m e m b e r s of the C o u n c i l ;
( b ) all g radua tes of the Univers i ty ;
( c ) all full-time m e m b e r s of the academic staff of the Univers i ty and such o the r m e m b e r s of the staff of
the Universi ty as the by-laws m a y p re sc r ibe ; ( d ) such gradua tes of o the r Universi t ies , o r o ther persons , as a re , in accordance wi th the by-laws,
admi t ted as m e m b e r s of C o n v o c a t i o n ; a n d (e) wi thout pre judice to the general i ty of p a r a g r a p h (d )
of this subsect ion, g radua tes of the Univers i ty of N e w E n g l a n d or of the Univers i ty of N e w South
Wales , w h o spent at least three years as proper ly enrol led s tudents of the Newcas t le Universi ty Col lege.
( 2 ) Meet ings of Convoca t ion shall b e convened and
the business at such meet ings shall , subject to the by-laws, b e
as de te rmined by Convoca t ion .
( 3 ) A q u o r u m at any meet ing of Convoca t ion shall
b e such n u m b e r of m e m b e r s as the by-laws m a y prescr ibe .
(4)
(4) Convoca t ion shall have and m a y exercise and
| discharge such powers , authori t ies , dut ies a n d functions | as |
| m a y be prescr ibed by the by-laws. |
(5 ) T h e Counc i l m a y establish a S tanding Commit
tee and such other commit tees of Convoca t ion as it considers
necessary.
| 15. | ( 1 ) | T h e Counci l shall , a t its first meet ing after | the |
appo in ted day, and whenever a vacancy in the office of Chan cellor occurs , elect one of its n u m b e r to b e Chancel lor of
| the | Universi ty. |
(2) T h e Chancel lor shall , unless h e sooner ceases
| t o b e a m e m b e r of the Counci l , ho ld office for such | pe r iod |
no t exceeding three years as the by-laws m a y prescr ibe .
( 1 ) T h e Counci l shall, at its first meet ing after the
appo in ted day, and whenever a vacancy in the office of D e p u t y Chance l lo r occurs , elect o n e of its n u m b e r t o b e
| D e p u t y | Chance l lo r | of | the | Universi ty . |
| T h e D e p u t y | Chance l lo r | shall, unless h e sooner | ceases | t o |
b e a m e m b e r of the Counci l , ho ld office for one year from the da te of his election and on such condi t ions as a re prescr ibed by the by-laws.
( 2 ) In the absence of the Chance l lor o r dur ing a
vacancy in the office of Chance l lo r o r dur ing the inabili ty of
| the Chance l lo r to act , t he D e p u t y Chancel lor shall have and |
m a y exercise and discharge all the powers , authori t ies , duties
| a n d functions of the | Chance l lor . |
17. (1) T h e first Vice-Chancel lor of the Universi ty shall
| b e the person w h o | immediate ly | before | the c o m m e n c e m e n t | of |
this A c t was the W a r d e n of Newcast le Universi ty College a n d shall, unless he sooner ceases to b e a m e m b e r of the Counci l , ho ld office, as from the c o m m e n c e m e n t of this Ac t , for a per iod of five years .
( 2 )
( 2 ) Whereve r a vacancy occurs in the office of Vice-
Chancel lor , the Counci l shall appo in t a person , no t being a
m e m b e r , to be Vice-Chancel lor .
( 3 ) T h e Vice-Chancel lor (o ther t h a n the first Vice-
Chance l lo r ) shall, unless he sooner ceases to be a m e m b e r of the Counci l , ho ld office for such per iod as the Counc i l de te rmines .
( 4 ) T h e Vice-Chancel lor shall b e the chief execut ive
officer of the Universi ty and shall have a n d m a y exercise and discharge such powers , author i t ies , dut ies and funct ions as m a y be prescr ibed by the by-laws and , subject to the by laws, as the Counci l de termines .
1 8 . A t any meet ing of the Counci l one-half (or where
one-half is no t a whole n u m b e r the whole n u m b e r next h igher t han one-half) of the tota l n u m b e r of m e m b e r s for the t ime being of the Counci l , shall form a quo rum.
19 . N o t h i n g conta ined in this A c t shall p revent any
person from being immediate ly , or at any t ime, re-appointed o r re-elected to any office or p lace unde r this A c t if he i s eligible and otherwise qualified, for the t ime being , t o h o l d
tha t office o r p lace .
20 . ( 1 ) N o act o r p roceed ing of the Counci l o r a n y
commi t t ee of the Counci l , or of the Vice-Chancel lor or a n y
pe r son act ing pu r suan t to any direct ion of the Counc i l shall be inval idated or pre judiced by reason only of the fact tha t at the t ime w h e n such act or p roceeding was done , t aken or c o m m e n c e d there was a vacancy or vacancies in the office o r
offices of any m e m b e r o r m e m b e r s of the Counci l .
( 2 ) Al l acts a n d proceedings of the Counc i l o r any
commi t tee of the Counci l , or of the Vice-Chancel lor o r any person act ing pu r suan t to any di rect ion of the Counci l shal l , no twi ths tand ing the subsequent discovery of any defect in the
appo in tmen t
appo in tmen t or election of any m e m b e r of the Counci l , o r tha t a n y such m e m b e r was disqualified from act ing as or incapab le of be ing a m e m b e r of the Counci l , be as val id as if such m e m b e r h a d been duly appo in ted o r elected a n d was
| qualified to act as or capab le of being a m e m b e r a n d | h a d |
| ac ted as a m e m b e r of the Counci l and as if the Counc i l | h a d |
| been proper ly a n d fully | const i tuted. |
| 2 1 . | ( 1 ) | T h e provisions of the Publ ic Service Ac t , | 1902 , |
o r any A c t amend ing that Ac t , shall no t apply to the appoint m e n t of any member , and a m e m b e r shall no t , as such m e m b e r , b e subject to the provisions of any such Ac t .
( 2 ) I n the event of an officer within the mean ing of
| the provisions of the Publ ic Service Ac t , | 1902 , as | a m e n d e d |
| b y | subsequent | Ac t s , | being | appo in ted | a m e m b e r | pu r suan t | t o |
subsect ion two of section ten of this A c t such m e m b e r m a y appo in t a depu ty to act on his behalf at any mee t ing of the Counc i l a t which he is unab le to a t tend, and a deputy so appo in ted shall be enti t led to act, and while so act ing, shall
| b e deemed | to b e a | m e m b e r . |
| 2 2 . | ( 1 ) | Subject | t o | this | A c t | a n d | the | by-laws, | the |
C o u n c i l —
( a ) m a y p rov ide such courses at universi ty s t anda rd as
it deems fit a n d in conferr ing and award ing degrees
a n d d ip lomas issue such certificates in the n a t u r e
of degrees, d ip lomas or otherwise as it th inks fit;
( b ) m a y appo in t and te rmina te the appo in tmen t of academic and o ther staff of the Univers i ty ;
( c )
shall have the ent i re con t ro l and m a n a g e m e n t of the affairs and concerns of the Univers i ty and m a y act in all mat te r s concern ing the Universi ty in such m a n n e r as appea r s to it best calculated to p r o m o t e
its objects and in te res t s ; ( d )
( d )
m a y acqui re by gift, bequest or devise any p roper ty for the purposes of this Act and m a y agree to ca r ry ou t the condi t ions of any such gift, bequest o r dev i se ;
( e )
m a y bo r row m o n e y for the purpose of carry ing ou t and per forming any of its powers , authori t ies , dut ies and functions, for the renewal of loans or the dis charge or par t ia l d ischarge of any indebtedness t o the T reasu re r or to any b a n k wi thin such limits, t o such extent and u p o n such condi t ions as t o security o r otherwise as the Gove rno r u p o n the r ecommen
da t ion of the T reasu re r m a y a p p r o v e ; (f) may invest any funds belonging to or vested in the
Universi ty in such securities as m a y be prescr ibed by the by- laws; a n d
(g)
shall have the cont ro l a n d m a n a g e m e n t of all rea l and personal p roper ty a t any t ime vested in o r acqui red by the Universi ty, and m a y dispose of real o r persona l p roper ty in the n a m e and o n behalf of
the U n i v e r s i t y :
P rov ided however tha t the Counc i l shall no t .
except wi th the approva l of t h e Gove rno r , a l ienate , mor tgage , charge or demise any lands of the Universi ty , except by way of lease for any t e rm not exceeding twenty-one years from the t ime when the lease is m a d e , in and by which there is reserved dur ing the whole of the te rm, the highest rent tha t
c a n reasonably be ob ta ined wi thout fine.
( 2 ) T h e rule of law relat ing to perpetui t ies shall no t
apply to any condi t ion of a gift, beques t o r devise to wh ich
the Univers i ty has agreed .
2 3 . ( 1 ) T h e Counc i l may , in re la t ion to any ma t t e r o r
class of mat te r s , o r in relat ion to any activity o r function of the Universi ty, by resolut ion, delegate all o r any of its powers .
author i t ies .
authori t ies , duties and functions unde r this A c t (except this power of de legat ion) to any m e m b e r or to any commi t t ee of its m e m b e r s , o r to any officer or officers of the Universi ty.
( 2 ) Eve ry delegat ion unde r this section shall b e revocable by resolut ion of the Counci l , and n o delegat ion shall p revent the exercise of any power , author i ty , du ty o r funct ion by the Counci l .
2 4 . ( 1 ) T h e Counci l m a y m a k e by-laws, no t inconsistent
wi th this Ac t , wi th respect to all o r any of the following
| m a t t e r s : | — |
( a )
all mat te rs u n d e r this A c t for which provis ion is t o b e m a d e o r which are to b e prescr ibed by by-law or a re otherwise necessary o r convenient for giving effect to this A c t ;
( b )
the m a n a g e m e n t , good government and discipline
of t h e Univers i ty ; ( c )
the use and cus tody of the c o m m o n sea l ; ( d )
the m e t h o d of appo in tmen t o r elect ion of m e m b e r s of the Counc i l w h o are to be appoin ted o r e lec ted ;
(e) the procedure for convening and holding meetings
of the C o u n c i l ; ( f )
t he convening a n d hold ing of meet ings of any com mit tee a n d the conduc t of proceedings of any c o m m i t t e e ;
( g ) the mat r icu la t ion and enro lment of s tuden t s ;
(h) the fees and charges to be paid including fees and
charges for en t rance , tui t ion, lectures, res idence a n d
conferr ing of degrees and d i p l o m a s ; a n d the
exempt ion from p a y m e n t of fees and cha rges ; (i) the courses of lectures for such degrees and diplomas as the Univers i ty confers and awards and the te rms and condi t ions u p o n which degrees, d ip lomas ,
scholarships a n d prizes m a y b e conferred o r a w a r d e d ;
( i )
(j)
the number , s t ipend, m a n n e r of appo in tmen t a n d te rmina t ion of services of academic and o ther staff
of the Univers i ty ; ( k )
the es tabl ishment o r affiliation of residential colleges and halls of res idence wi thin the Universi ty a n d
their c o n d u c t ; (l) the affiliation with or admission to the University of any educa t iona l o r research es tabl ishment where
soever s i tua ted ;
(m) the provision of a scheme of superannuation for
the professors of the Univers i ty ; a n d (n ) the form a n d use of academic cos tume.
( 2 ) Eve ry by-law m a d e by the Counci l shall b e
sealed wi th the c o m m o n seal of the Univers i ty and shall b et ransmi t ted by the Chance l lo r for the cons idera t ion a n d
app rova l of the Governor , a n d when so approved , s h a l l —
(a ) b e publ ished in the G a z e t t e ; a n d
( b ) t ake effect f rom the da t e of publ ica t ion or from a later da t e to be specified in the by-law. (3) A copy of every such by- law shall be laid before
e a c h House of Pa r l i amen t wi thin fourteen sit t ing days after t h e publ ica t ion thereof in the Gaze t t e if Pa r l i amen t is in session, a n d if no t , t hen within four teen sitting days after
the c o m m e n c e m e n t of the next session.
(4) A n y such by- law m a y b e p roved in any cour t b y
t h e p roduc t ion of a verified copy under the c o m m o n seal o r by p roduc t ion of a d o c u m e n t pu rpor t ing to b e a copy of such
by-law and to be p r in ted by the G o v e r n m e n t Pr in te r .
2 5 . ( 1 ) T h e r e shall b e pa id to the Univers i ty in respect
of the year commenc ing u p o n the first d a y of J a n u a r y of the
year of c o m m e n c e m e n t of this Ac t , a n d in respect of e ach
succeeding year, such sum as the T rea su re r m a y de te rmine . I n
m a k i n g any such de te rmina t ion t h e T reasu re r shall t ake in to cons idera t ion the Universi ty 's es t imated expendi ture requi re ments a n d i ncome from all sources which is capab le of be ing
appl ied towards mee t ing such expendi tu re r equ i rement s .
( 2 )
(2) To enable the Treasurer to exercise and perform the powers and functions conferred upon him by subsection one of this section, the University shall, in respect of the year commencing upon the first day of January of the year of commencement of this Act, as soon as practicable after such commencement, and in respect of each succeeding year either before or as soon as practicable after the commencement of such year, submit to the Treasurer estimates of the expenditure and income of the University for such year and such other information as the Treasurer may deem necessary.
(3) Any moneys payable by the Treasurer under this
section shall be paid out of moneys provided by Parliament.
26. The Treasurer may for the temporary accommoda
tion of the University advance such moneys to the Council as the Governor may approve upon such terms and conditions as to repayment and interest as may be agreed upon.
27. The Council shall cause to be kept proper books of
account in relation to the funds of the University and shall, as soon as practicable after the thirty-first day of December in each year, prepare and transmit to the Minister for presen- tation to Parliament a statement of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the University.
28. The accounts of the University shall be audited by
the Auditor-General who shall have, in respect thereof, all the powers conferred on the Auditor-General by any law now
| or hereafter in force relating to the audit of public accounts; | and the Audit Act, 1902, and any Acts amending the same, |
| shall apply to the members of the Council and to the officers and employees of the University in the same manner as they apply to accounting officers of public departments. | |
| 29. (1) As soon as practicable after the first day of January in each year, the Council shall prepare and furnish to the Minister a report upon the proceedings of the Uni versity during the period of twelve months immediately |
preceding
preceding that day. Such report shall include a summary of the work, researches and investigations carried out by the University during such period.
(2) A copy of such report shall be laid before both Houses of Parliament as soon as practicable after it has been received by the Minister.
30. No religious test shall be administered to any person
in order to entitle him to be admitted as a student of the University, or to hold office therein, or to graduate thereat, or to enjoy any benefit, advantage or privilege thereof, and no person shall be denied admission as a student of the University or be ineligible to hold office therein or to graduate thereat or to enjoy any benefit, advantage or privilege thereof by reason of his political views or beliefs.
31. The Governor of New South Wales shall be the Visitor of the University with full authority and jurisdiction to do all such things and entertain such causes as may pertain to or be exercised by visitors as often as he deems meet.
32. (1) The Council shall allow such students of teachers' colleges established under the Public Instruction Act of 1880, as amended by subsequent Acts, such teachers in schools established under that Act, as so amended, and such other members of the Public Service of New South
of proceeding to a first degree, University lectures and receive Wales as the Minister may approve to attend, for the purpose
tuition for the period required for admission to that degree
without the payment of lecture, class or tuition fees: Provided that all such students, teachers and members of the Public Service of New South Wales shall be qualified to be enrolled as students as prescribed by the by-laws.
(2) Nothing in subsection one of this section shall exempt any person referred to in that subsection from the payment of such fees, other than lecture, class or tuition fees, as may be prescribed by the by-laws.
33. (1) Upon the commencement of this Act the New
castle University College shall cease to exist.
(2) (a) All real and personal property which immediately before the commencement of this Act was held by or vested in the University of New South Wales or any other body in trust for or on behalf of the Newcastle Univer sity College shall by virtue of this Act be divested from the University of New South Wales or such other body and shall, as from such commencement, vest in the University and shall, subject to paragraph (b) of this subsection, be applied by the University for the objects and purposes for which the University is established.
(b) All property vested in the University by this subsection shall be held by it subject to the conditions or trusts on which it was held immediately before such vesting : Provided that any reference in any such conditions or trusts to the Newcastle University College shall, as from the com mencement of this Act, be read and construed as a reference to the University.
(c) All rights accruing or accrued to the University of New South Wales in respect of any property vested in the University by operation of this subsection ar t hereby vested in the University and may be enforced by the University.
(d) All liabilities of the University of New South Wales in respect of any property vested in the University by operation of this subsection may be enforced against the University.
34. (1) This section shall apply to real and personal
property, other than real and personal property vested in the University pursuant to section thirty-three of this Act, which was held by or vested in the University of New South Wales for the use of the Newcastle University College.
(2) There shall be transferred to the University by
the University of New South Wales—
(a)
such of the property to which this section applies as is the subject of a determination relating to its transfer to the University under this section; and
(b)
(b)
such debts and liabilities and rights accrued or accruing in respect of such property as are determined in accordance with this section.
(3) (a) There shall be a Joint Committee consisting
of five members, as follows : —
(i) the Auditor-General (or his nominee) who shall be chairman and who shall convene all meetings of the Joint Committee and preside at such meetings;
(ii) two members who shall be appointed by the Council of the University of New South Wales to be repre sentatives of that University; and
(iii) two members who shall be appointed by the members of the Council referred to in section nine of this Act to be representatives of the University.
(b) In the case of any difference between the representatives of the University of New South Wales and representatives of the University, such difference shall be determined as the Auditor-General shall direct.
(4) (a) The functions of the Joint Committee shall be to determine as soon as practicable after the commencement of this Act—
(i) what assets of the University of New South Wales are to be transferred to the University;
(ii) what debts and liabilities in respect of such assets of the University of New South Wales are to be transferred to the University;
(iii) how the expense of meeting payments on account of leave or upon retirement or death of a member of the academic and other staff of the University of New South Wales transferred to the University by this Act should be apportioned between the Uni- versity of New South Wales and the University;
(iv)
what books, documents, records and papers are to be handed over to the University; and
(v)
such other matters as the Joint Committee may consider necessary or expedient in relation to the foregoing.
(b)
(b) Where a determination has been made under this subsection on the matters referred to in paragraph (a) of this subsection, a sufficient record thereof shall be filed in the offices of the University of New South Wales and the University and a copy transmitted to the Minister for record purposes.
(5) Any determination of the Joint Committee shall
have effect according to its tenor.
35. (1) Every person who, immediately before the com
mencement of this Act, held any salaried office or employment at the Newcastle University College shall become and be officers and employees of the University on such terms and conditions (including terms and conditions as to remuneration and duration of appointment) as the Council may determine, but not less favourable than those upon which he so held that office or employment:
Provided that the foregoing provisions shall not preclude the Council from determining in the case of the title, duties or status of the offices or employment terms and conditions less favourable than those upon which he held office or employment at the Newcastle University College :
Provided further that this subsection shall not apply to or
in respect of a person who immediately before the commence
ment of this Act held office at the Newcastle University
tutor or temporary demonstrator, or to or in respect of any College as a part-time lecturer, temporary lecturer, temporary
other person who was not, immediately before such commence
ment, a permanent member of the staff of the University of
New South Wales.
Nothing in this subsection shall affect the rights conferred by section thirty-five of the Technical Education and University of New South Wales Act, 1949-1961. upon a person to whom that section applies and who becomes an officer or employee of the University under this subsection.
(2)
(2) A person referred to in subsection one of this section shall not have any right to damages or compensation in respect of the termination, in consequence of this Act coming into operation, of his tenure of any office or employ ment at the Newcastle University College.
36. The Local Government Act, 1919, as amended by
subsequent Acts, is amended by inserting next after paragraph (fii) of subsection one of section one hundred and thirty-two the following new paragraph: —
(fiii) land which is vested in the University of Newcastle or in a college thereof and is used or occupied by the University or college, as the case may be, solely for the purposes thereof; and.
37. (1) The Hunter District Water, Sewerage and Drainage Act, 1938-1964, is amended by inserting next after paragraph (k) of subsection one of section ninety-one the following new paragraph: —
(1) land which is vested in the University of Newcastle, or in a college thereof, and is used or occupied by the University or college, as the case may be, solely for the purposes thereof.
(2) The Hunter District Water, Sewerage and Drainage Act, 1938, as amended by subsequent Acts and by this Act, may be cited as the Hunter District Water, Sewerage and Drainage Act, 1938-1964.
38. (1) The Superannuation Act, 1916-1964, is
amended—
(a) (i) by inserting in the definition of "Employee"
in subsection one of section three after the words "Macquarie University," the words "or a professor of the University of Newcastle,";
(ii)
by inserting next after paragraph (g) of sub- section three of the same section the following new paragraph: —
(h) The provisions of this subsection shall apply, mutatis mutandis, to and in respect of professors of the University of Newcastle.
(b)
(b)
by inserting at the end of Schedule III the follow- ing words : —
The University of Newcastle.
(2) The Superannuation Act, 1916, as amended by subsequent Acts, by the Governor pursuant to section ninety- two of that Act, as so amended, and by this Act, may be cited as the Superannuation Act, 1916-1964.
39. (1) The Technical Education and University of New South Wales Act, 1949-1961, is amended by omitting from subsection one of section twenty-nine the word "New castle,".
(2) The Technical Education and New South Wales University of Technology Act, 1949, as amended by subse quent Acts and by this Act, may be cited as the Technical Education and University of New South Wales Act, 1949- 1964.
(1) The University of New England Act, 1953, is
amended by omitting section thirty-two.
(2) The University of New England Act, 1953, as amended by this Act, may be cited as the University of New England Act, 1953-1964.
The Macquarie University Act, 1964, is amended by
omitting from subparagraph (ii) of paragraph (a) of sub- section one of section thirty-four the words "the same sub-
| section" and by inserting in lieu thereof the words "subsection three of the same section". | GOVERNOR'S |
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