University of Tasmania Amendment Act 2004 (TAS)

University of Tasmania Amendment Act 2004

An Act to amend the University of Tasmania Act 1992

[Royal Assent 17 December 2004]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the University of Tasmania Amendment Act 2004 . 2CommencementThis Act commences on 1 January 2005. 3Principal ActIn this Act, the University of Tasmania Act 1992 is referred to as the Principal Act. 4Section 8 amended (Constitution of the Council) Section 8 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(d) "3" and substituting "4"; (b) by omitting paragraphs (f) and (g) from subsection (1) ; (c) by omitting paragraph (i) from subsection (1) and substituting the following paragraph: (i) 2 students appointed by the Council, after consultation with any relevant student associations; (d) by omitting from subsection (1)(j) "3" and substituting "4"; (e) by inserting in subsection (1)(j) "or general staff" after "staff"; (f) by omitting subsection (2) ; (g) by omitting subsection (5) and substituting the following subsection: (5)  Before making an appointment to the Council, the Minister and the Council must – (a) give public notification of the vacancy; and (b) consult with each other about any intended appointment; and (c) have regard to the balance of skills and experience, regional representation and an appropriate gender balance. 5Section 22AA insertedAfter section 22 of the Principal Act , the following section is inserted in Part 4: 22AAProtection for person conducting inquiry A person authorised by the University to conduct an inquiry into a matter has, in conducting that inquiry, the same protection and immunity as a judge of the Supreme Court. 6Schedule 1 amended (Provisions in respect of the Council) Schedule 1 to the Principal Act is amended as follows: (a) by omitting subclause (1) from clause 1 and substituting the following subclause: (1)Subject to clauses 2 and 3 , a person who is elected or appointed as a member of the Council holds office for a term of – (a) up to 4 years in the case of a member referred to in section 8(1)(d) , (j) or (k) ; or (b) 2 years in the case of a member referred to in section 8(1)(e) or (h) ; or (c) one year in the case of a member referred to in section 8(1)(i) . (b) by inserting in clause 1(2) "provided that a person is not to hold office for a total of more than 12 years, unless the Council otherwise determines in a specific case" after "office"; (c) by inserting the following paragraph after paragraph (c) in clause 2(1) : (ca) if the member is disqualified from acting as a director under Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (d) by omitting from clause 2(1)(d) "Minister" and substituting "Council"; (e) by omitting subclause (2) from clause 2 and substituting the following subclause: (2)If a two-thirds majority of the Council is of the opinion that an elected or appointed member of the Council – (a) has failed to discharge his or her obligations under section 11A or 11B ; or (b) is incapable of discharging the obligations of a member of the Council – the Council may dismiss the member from office. (f) by omitting clause 3A . 7Schedule 4 amended (Savings and Transitional) Schedule 4 to the Principal Act is amended by omitting clause 6 from Part 2 and substituting: 6.   Terms of office for certain members In respect of the Council constituted on 1 January 2005, the members referred to in section 8(1)(d) and (j) are to hold office for such period not exceeding 4 years as is specified in their instruments of appointment.

[Second reading presentation speech made in:

House of Assembly on 26 OCTOBER 2004

Legislative Council on 17 NOVEMBER 2004]