Untitled document

University of Ballarat (Amendment) Act 1997

Act No. 79/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—MERGER 3

3.	New Part 9 substituted	3
PART 9—MERGER WITH TAFE INSTITUTES	3

59.	Definitions	3
60.	University to be successor in law of the Company	3
61.	Transfer of assets and liabilities of the Institute	5
62.	Gifts, trusts etc.	7
63.	Staff	8
64.	Students	9
65.	Indemnity	10
66.	Land used by the Company	11
67.	Amendment of Register etc.	11
68.	Rules of the Company and the Institute	12
69.	Powers of the Company and the Institute	12
70.	Revocation of Orders in Council	12

PART 3—ADMINISTRATION 14

4.	The Council	14
5.	Term of office of members of Council	15
6.	Consequential amendments	16
7.	Vacancies	16

PART 4—ESTABLISHMENT OF TAFE DIVISION 18

8.	TAFE staff	18
9.	Substitution of Part heading	18
10.	New section 26A inserted	19

26A. Division established 19

11. New Part 3A inserted 19

i

Section Page

PART 3A—TECHNICAL AND FURTHER EDUCATION

DIVISION 19

29C.	Division established	19
29D.	Board of Technical and Further Education	19
29E.	Chairperson and Deputy Chairperson of Board	20
29F.	Powers of Board	20
29G.	Resolutions without meetings of the Board of Technical
and Further Education	21
29H.	Approved methods of communication for Board of
Technical and Further Education meetings	21
29I.	Board of Technical Studies	22

PART 5—OTHER AMENDMENTS 23

12.	Awards	23
13.	Statutes	23
14.	Borrowing powers	23
15.	Disposal of land	23
16.	New Part 10 inserted	24
PART 10—TRANSITIONALS	24

71. Transitional provisions for 1998 Council 24

17.	New Schedules inserted	26
SCHEDULE 2—Land that vests in the University	26
SCHEDULE 3—Land to be managed by the University	27
18.	Consequential amendment	27
19.	Amendment of the Vocational Education and Training Act
1990	27

═══════════════

NOTES 29

ii

Victoria

No. 79 of 1997

University of Ballarat (Amendment) Act

1997†

[Assented to 25 November 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purpose of this Act is to amend the miscellaneous matters.

University of Ballarat Act 1993 to provide for
the merger of The School of Mines and Industries
Ballarat Limited and the Wimmera Institute of

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 2

2. Commencement

(1) This Part comes into operation on the day on
which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into

operation on 1 January 1998.

_______________
University of Ballarat (Amendment) Act 1997

s. 3 Act No. 79/1997

PART 2—MERGER

3. New Part 9 substituted

No. 107/1993.

Amended by	For Part 9 of the University of Ballarat Act 1993
Act Nos	substitute—
75/1994, 70/1995, 104/1995 and	'PART 9—MERGER WITH TAFE INSTITUTES
57/1996.
59. Definitions In this Part— "Company" means The School of Mines

and Industries Ballarat Limited A.C.N.
004 057 765;

"Institute" means the Wimmera Institute of Technical and Further Education.

60.  University to be successor in law of the Company

Subject to this Act, on and from 1 January
1998—

(a)	the University of Ballarat is the successor in law of the Company; and
(b)	the assets and rights of the Company vest in the University of Ballarat; and
(c)	Company become liabilities and

the liabilities and obligations of the Ballarat; and

(d)	any scholarship, prize or bursary of a continuing nature administered by the Company and existing immediately
before 1 January 1998 shall be administered by the University of Ballarat, but otherwise in accordance with the terms and conditions to which

University of Ballarat (Amendment) Act 1997

Act No. 79/1997	s. 3
it was subject immediately before that date; and
(e)	all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments (except contracts, agreements or arrangements relating to the members of staff of the Company referred to in section 63) made or entered into by, on behalf of, or in relation to the Company and in force immediately before 1 January 1998 have effect as if made or entered into by, on behalf of, or in relation to, the University of Ballarat; and
(f)	applications and other proceedings (including proceedings on appeal or review) pending or existing

all actions, claims, arbitrations, against, or in relation to the Company have effect as if they were proceedings by, against, or in relation to the University of Ballarat, and may be continued and completed accordingly; and

(g) any permit, licence or authority issued or granted to the Company by or under any Act continues to operate, despite

anything in this Act, in favour of the and to the same extent as it operated in favour of the Company; and

(h) a reference in any Act (other than this Act) or a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to the Company must, on and after 1 January 1998, be

University of Ballarat (Amendment) Act 1997

s. 3	Act No. 79/1997
construed as a reference to the University of Ballarat unless the context otherwise requires; and

(i)  all records and documents of the Company become the property of the University of Ballarat.

61.  Transfer of assets and liabilities of the Institute

Subject to this Act, on and from 1 January
1998—

(a)	the Institute and its Council are dissolved and the University of Ballarat is the successor in law of the Institute and its Council; and
(b)	the assets and rights of the Institute or its Council vest in the University of Ballarat; and
(c)	Institute or its Council become

the liabilities and obligations of the University of Ballarat; and

(d)	any scholarship, prize or bursary of a continuing nature administered by the Institute or its Council and existing
immediately before 1 January 1998 shall be administered by the University of Ballarat, but otherwise in accordance with the terms and conditions to which it was subject immediately before that date; and
(e)	arrangements, guarantees and other instruments (except contracts,

all contracts, deeds, bonds, agreements, the members of staff of the Institute

University of Ballarat (Amendment) Act 1997

Act No. 79/1997	s. 3
referred to in section 63) made or entered into by, on behalf of, or in relation to the Institute or its Council
and in force immediately before 1 entered into by, on behalf of, or in relation to, the University of Ballarat; and
(f)	applications and other proceedings (including proceedings on appeal or review) pending or existing

all actions, claims, arbitrations, against, or in relation to the Institute have effect as if they were proceedings by, against, or in relation to the University of Ballarat, and may be continued and completed accordingly; and

(g)	any permit, licence or authority issued or granted to the Council or the Institute by or under any Act continues to operate, despite anything in this Act, in favour of the University of Ballarat in the same way and to the same extent as it operated in favour of the Institute; and
(h)	a reference in any Act (other than this Act) or a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 to the Institute or its Council, on and after 1 January 1998, be construed as a reference to the University of Ballarat unless the context otherwise requires; and

University of Ballarat (Amendment) Act 1997

s. 3 Act No. 79/1997

(i)  all records and documents of the Institute or its Council become the property of the University of Ballarat.

62. Gifts, trusts etc.
If—

(a) before, on or after 1 January 1998—

(i)  a gift, disposition or trust of property is made or declared or is deemed to have been made or declared; or

(ii) a trust fund is created—

(whether by deed, will or otherwise) to,
in favour of, for the use of, or for the
purposes of, the Company or the

Institute; and

(b) the gift, disposition, trust or trust fund takes effect, or may take effect, or the trust fund may be applied, on or after that date—

the gift, disposition, trust or trust fund does occurring on or after that date—

not fail only because of the provisions of this

(c) in the case of a gift, disposition or trust of property, takes effect as if made or declared to or in favour of the University of Ballarat or a company referred to in section 37 for a purpose of the University of Ballarat or such a company that corresponds with, or is similar to, those purposes of the Company or the Institute for which it was made or declared; or

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 3

(d) in the case of a trust fund, may be applied as if created in favour of the University of Ballarat or a company referred to in section 37 for a purpose of the University of Ballarat or such a company that corresponds with, or is similar to, those purposes of the Company or the Institute for which the fund was created.

63. Staff
(1) On 1 January 1998, a person who,

immediately before that date, was a member of the staff employed by the Company or the Institute or its Council becomes a member of the staff of the University of Ballarat.

(2) A person who becomes a member of the staff

of the University of Ballarat under sub-
section (1)—

(a)	is a member of the staff of the University of Ballarat with remuneration no less than the person was receiving or was entitled to receive as a member of the staff of the Company, the Institute or its Council immediately before 1 January 1998 and on terms and conditions no less favourable than those applying to that person immediately before that date; and
(b)	entitlements (including all entitlements

continues to have the benefit of all service with other bodies) accrued in respect of the person's appointment by the Company or the Institute or its Council before 1 January 1998—

University of Ballarat (Amendment) Act 1997

s. 3 Act No. 79/1997

subject to any written notice, agreement or arrangement relating to the employment of that person given or made by or on behalf of

the Company or the Institute or its Council
that was in force immediately before 1
January 1998.

(3) A person transferred under sub-section (1)

who, immediately before the transfer, was an
officer within the meaning of the State
Superannuation Act 1988 continues,
subject to that Act, to be an officer within the
meaning of that Act, while he or she
continues as a member of staff of the
University of Ballarat.

64. Students

(1) On 1 January 1998, a person who was

enrolled as a student of the Company or the
Institute immediately before that day
becomes an enrolled student of the

University of Ballarat.

(2) Despite anything to the contrary in this

Act—

(a)	statutes or regulations made under this Act by the Council of the University of Ballarat may authorise the Council, at
enrolled student of the University of

the request of a person who becomes an confer on the student, subject to and in accordance with the statutes and regulations, a diploma or certificate or other award under a name that includes the title of the award and the words "School of Mines and Industries Ballarat" or "Wimmera Institute of Technical and Further Education";

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 3

(b)

the powers of the Council of the University of Ballarat under section 26 extend to the conferring of any award on a person who becomes an enrolled student of the University of Ballarat because of sub-section (1) that the Company or the Institute could have conferred on the person if this Act had not been enacted;

(c)

a person who holds a diploma, certificate or other award of the Company or the Institute is entitled to the same benefits and privileges at the University of Ballarat as are enjoyed by persons holding diplomas, certificates and other awards of the University of Ballarat as if the diploma, certificate or other award of the Company or the Institute were a diploma, certificate or other award of the University of Ballarat.

(3) If a person was, before 1 January 1998, entitled to a diploma, certificate or other award of the Company or the Institute that

has not been granted, the diploma, certificate
or award must be granted by the Council of
the University of Ballarat and, for that
purpose, the Council may exercise in the
name of the Company or Institute any power
that the Company or the Institute might have
exercised before 1 January 1998 in respect of

the diploma, certificate or award.

65.

Indemnity 1998, was a director of the Company or a member of the Council of the Institute is entitled to be indemnified by the University

University of Ballarat (Amendment) Act 1997

s. 3 Act No. 79/1997

of Ballarat in respect of any personal liability
arising out of the bona fide execution of the
duties, powers, authorities and discretions
conferred or imposed on the person as a
director to the same extent and in the same
circumstances as if the person were a
member of the Council of the University of

Ballarat before that date.

66. Land used by the Company

(1) On 1 January 1998, the land described in the

folios of the Register under the Transfer of
Land Act 1958 referred to in Schedule 2
vests in fee simple (together with any
appurtenant rights) in the University of
Ballarat, subject to the conditions,
covenants, encumbrances, limitations,
exceptions, reservations and restrictions to
which the land was subject immediately

before its vesting under this section.

(2) Despite anything to the contrary in the

Orders in Council specified in Schedule 3, the purposes of the reservations specified in those Orders in Council are deemed to be public purposes (education).

(3) The University of Ballarat is appointed as

the trustee of the land described in Schedule
3 in place of the Company.

67.

Amendment of Register etc. do so and on delivery of any relevant certificate of title, instrument or document, must make any amendments in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act.

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 3

68. Rules of the Company and the Institute

(1) The rules of the Company and the Institute in

force immediately before 1 January 1998, to
the extent to which they could be made as
regulations by the University of Ballarat and
are not inconsistent with any regulations so

made, continue to have effect—

(a)	as if made as regulations under a Statute of the University of Ballarat; and
(b)	as if any reference to the Company or the Institute were a reference to the University of Ballarat.

(2) Rules continued in force under sub-section

(1) may be amended or revoked as if they
were regulations made under a Statute by the
University of Ballarat.

69.

Powers of the Company and the Institute constitution or the Memorandum and Articles of Association of the Company or the Institute, the Company and the Institute are deemed to have, and always to have had, power to do all things they are authorised or empowered to do under and for the purposes of this Act or necessary or expedient to be done for the purposes of the merger with the University of Ballarat in accordance with this Part.

70. Revocation of Orders in Council

(1) The Order in Council made on 6 December

1994 constituting the Council of the
Wimmera Community College of Technical
and Further Education is revoked.

University of Ballarat (Amendment) Act 1997

s. 3 Act No. 79/1997

(2) The Order in Council made on 11 July 1995

changing the name and constitution of the
council referred to in the Order described in
sub-section (1) is revoked.'.

_______________
University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 4

PART 3—ADMINISTRATION

4. The Council

For section 7(2), (3) and (4) of the University of	No. 107/1993. Amended by
Ballarat Act 1993 substitute—	Act Nos 75/1994,
"(2) The Council shall consist of—	70/1995, 104/1995 and
(a) the Chancellor;	57/1996.
(b) the Vice-Chancellor; (c) the Chair of the Academic Board;
(d)	the Chairperson of the Board of Technical Studies or, if that person is not a member of the staff of the University, a member of the staff nominated by that Board;
(e)	3 persons elected by and from the staff of the University prescribed by the Statutes;
(f)	2 persons elected by and from the students enrolled at the University prescribed by the Statutes;
(g)	6 persons appointed by the Governor in Council;

(h) one person appointed by the Minister;
(i) 6 persons appointed by the Council.

(3) If the Chair of the Academic Board is not a

professor or an associate professor, one of
the members of staff elected under sub-
section (2)(e) must be elected from the staff
who are professors or associate professors.

(4) Of the members appointed under sub-section (2)(g) and (i)—

University of Ballarat (Amendment) Act 1997

s. 5 Act No. 79/1997

(a)	2 must be persons who live or work in the Ballarat region;
(b)	one must be a person who lives or works in the Wimmera region;
(c)	one must be a person with substantial business experience;
(d)

one must be a person with financial matters.

(e) one must be a person who has substantial knowledge or experience of vocational education and training.

(5) Not more than 3 of the members appointed

under sub-section (2)(g) and (i) may be
persons whose normal place of residence is
outside Australia.

(6) Elections of members of the Council shall be

conducted in accordance with the Statutes.".

5. Term of office of members of Council

In section 8 of the University of Ballarat Act

1993—

(a) in sub-section (1), for "for a term of 3 years" substitute "until 31 December in the second year next following the year his or her

appointment takes effect";

(b)	in sub-section (2), for "for a term of 2 years" substitute "until 31 December in the year next following the year his or her election takes effect";
(c)	in sub-section (3), for "for a term of 1 year" substitute "until 31 December in the year that his or her election takes effect";

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 6

6. Consequential amendments

In the University of Ballarat Act 1993—

(a)

in section 3, for the definition of "Ballarat ' "Ballarat region" means the electoral

province for the Legislative Council of

Victoria of Ballarat;';

(b)

in section 3, after the definition of ' "Wimmera region" means the electoral

district for the Legislative Assembly of

Victoria of Wimmera;';

(c) in section 11, for "(j)" (where twice occurring) substitute "(i)";

(d) in section 46(6), for "(h)" substitute "(i)".

7. Vacancies

(1) For section 10(3) of the University of Ballarat

Act 1993 substitute—

"(3) Any change in the membership, or the

academic rank of a member, of the Council
under section 7(2)(c) does not affect the
membership of the Council by a person who
is elected under section 7(2)(e) during the
term of that person's appointment under
section 7(2)(e).".

(2) After section 14(2) of the University of Ballarat

Act 1993 insert—
"(3) Despite section 7(2)(g), the Minister, after

consultation with the Chancellor, may
appoint a person to a casual vacancy in the
office of a member who is required by that

University of Ballarat (Amendment) Act 1997

s. 7 Act No. 79/1997

provision to be appointed by the Governor in

Council.".

_______________
University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 8

PART 4—ESTABLISHMENT OF TAFE DIVISION

8. TAFE staff

After section 25(3) of the University of Ballarat
Act 1993 insert—

"(4) Sections 34A to 34C of, and Schedule 2 to,

the Vocational Education and Training Technical and Further Education Division of the University (however described) and to any other staff employed by the Council in that Division as if any reference in those provisions—

(a)	to a council were a reference to the Council in its capacity as the governing authority of the Technical and Further Education Division of the University;
(b)	to a college director were a reference to the director of the Technical and Further Education Division of the University (however described);
(c)	to persons employed under section 34A of that Act were a reference to persons employed under this section;
(d)	34A(1)(b) of that Act were a reference to persons (other than the director) employed under this section in the

to persons employed under section Division of the University.".

9. Substitution of Part heading

For the heading to Part 3 of the University of
Ballarat Act 1993 substitute "PART 3—
HIGHER EDUCATION DIVISION".

University of Ballarat (Amendment) Act 1997

s. 10 Act No. 79/1997

10. New section 26A inserted

In Part 3 of the University of Ballarat Act 1993, before section 27 insert—

"26A. Division established

(1) There shall be a Higher Education Division of the University.

(2) The Academic Board is part of the Higher Education Division.

(3) The Statutes may make provision for the

composition and purposes of the Division.".

11. New Part 3A inserted

After section 29B of the University of Ballarat

Act 1993 insert—

'PART 3A—TECHNICAL AND FURTHER

EDUCATION DIVISION

29C. Division established

(1) There shall be a Technical and Further

Education Division of the University.

(2) The Board of Technical and Further

Education and the Board of Technical
Studies are part of the Division.

(3) The Statutes may make provision relating to

the composition and purposes of the
Division.

29D. Board of Technical and Further Education

There shall be a Board of Technical and Further Education consisting of the prescribed number of members each of whom is elected or appointed as prescribed.

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 11

29E. Chairperson and Deputy Chairperson of

Board

There shall be a chairperson and deputy
chairperson of the Board of Technical and

Further Education elected by the Board.

29F. Powers of Board

The Board of Technical and Further

Education—

(a) the Vice-Chancellor about, the
development of the Technical and
Further Education Division, the
provision of effective, efficient and
responsive technical and further
education programs and services in the
geographical area served by the
Division, the development of strategic
and business plans, capital management
plans and performance agreements for
the Division and any other matters
which are relevant to the provision of

may discuss, and advise the Council or programs and services;

(b) must report to the Council or the Vice- Chancellor on all matters submitted to it by the Council or the Vice-

Chancellor for report;

(c)	has such other powers and duties as are conferred or imposed upon it by this Act or, with the approval of the Minister, by the Statutes or regulations;
(d)	subject to this Act and except as otherwise prescribed by the Statutes or regulations, may regulate its own proceedings.

University of Ballarat (Amendment) Act 1997

s. 11 Act No. 79/1997

29G. Resolutions without meetings of the Board of Technical and Further Education

(1) If a majority of the members for the time

being of the Board of Technical and Further Education sign a document circulated by, or on behalf of, the chairperson of the Board
containing a statement that those members
are in favour of a resolution in terms set out
in the document, a resolution in those terms
shall be taken to have been passed at a
meeting of the Board held on the day on
which the document is signed or, if the
members do not sign it on the same day, on
the day on which the last member to sign

signs the document.

(2) If a resolution is, under sub-section (1),

(3) For the purposes of sub-section (1), two or	taken to have been passed at a meeting of the each member must be advised as soon as practicable and given a copy of the terms of the resolution.
more separate documents containing a statement in identical terms, each of which is signed by one or more members, shall be taken to constitute one document.

29H. Approved methods of communication for

Board of Technical and Further Education meetings

(1) If not less than two thirds of the members of the Board of Technical and Further so agree, a meeting of the Board may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the chairperson

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 11

of the Board for the purposes of that

meeting.

(2) For the purposes of this Part, a member of the Board of Technical and Further as permitted by sub-section (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.

(3) In this section, "meeting" includes a part of

a meeting.

29I. Board of Technical Studies

(1) There shall be a Board of Technical Studies for the purposes of—

(a)	academic oversight of prescribed programs and courses of study in technical and further education; and
(b)	providing advice to the Council and the Board of Technical and Further Education on—

(i)  the conduct and content of those programs and courses; and

(ii)

the awarding of certificates and education.

(2) The Board of Technical Studies shall consist of the prescribed number of members each of whom is elected or appointed as prescribed.

(3) There shall be a chairperson and deputy

chairperson of the Board of Technical

Studies elected by the Board.'.

_______________
University of Ballarat (Amendment) Act 1997

s. 12 Act No. 79/1997

PART 5—OTHER AMENDMENTS

12. Awards

In section 26 of the University of Ballarat Act

1993—

(a)

in sub-section (2)(a), after "College" insert Ballarat Limited, at the Wimmera Institute of Technical and Further Education";

(b) University College" substitute ", by Ballarat

in sub-section (5), for "or by Ballarat and Industries Ballarat Limited or the Wimmera Institute of Technical and Further Education".

13. Statutes

In section 31(3)(c) and (4) of the University of Ballarat Act 1993, for "Governor in Council" substitute "Minister".

14. Borrowing powers

In section 34(2) of the University of Ballarat Act 1993, for "the Governor in Council, upon the recommendation of the Treasurer, from time to time approves" substitute "the Treasurer, from time to time, approves after consultation with the Minister".

15. Disposal of land

After section 35(5) of the University of Ballarat
Act 1993 insert—

"(6) The Council must not, without the prior

approval of the Minister, alienate (whether in
fee simple or for a lesser estate or interest
other than a lease hold interest granted for

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 16

less than 21 years and whether totally or
partially or subject to conditions) any land
granted in fee simple under sub-section

(3)(a).

(7) The Council must not, without the prior

approval of the Minister—

(a)	alienate any interest in fee simple of any land owned by the University, other than land referred to in sub- section (3)(a), if the sum of the consideration for the transfer or conveyance of that interest exceeds $1 500 000 or any other amount that the Minister fixes by instrument published in the Government Gazette; or
(b)	grant a lease for a term exceeding 21 years of any land owned by the University other than land referred to in sub-section (3)(a).

(8) Sub-sections (6) and (7) have effect despite

any Act or law to the contrary, including any
rule of common law.".

16. New Part 10 inserted

After Part 9 of the University of Ballarat Act

1993 insert—

'PART 10—TRANSITIONALS

"71. Transitional provisions for 1998 Council

(1) All members of the Council of the University

of Ballarat holding office on 31 December at the end of that day but are eligible for re-

1997 except the Chancellor, the Vice-
Chancellor and the Chair of the Academic

University of Ballarat (Amendment) Act 1997

s. 16 Act No. 79/1997

election or re-appointment as members of the
Council or to be members of the Council.

(2) In the case only of the first appointments and

elections of members to take effect on 1
January 1998—

(a)	the 3 members referred to in section 7(2)(e) shall be persons appointed by the Minister who, on 31 December 1997, were members of the staff of the University of Ballarat, The School of Mines and Industries Ballarat Limited or the Wimmera Institute of Technical and Further Education;
(b)	the 2 members referred to in section 7(2)(f) shall be persons appointed by the Minister who, on 31 December
1997, were enrolled students of the University of Ballarat, The School of Mines and Industries Ballarat Limited or the Wimmera Institute of Technical and Further Education;
(c)	the 6 members referred to in section 7(2)(i) shall be persons appointed by the Governor in Council.

(3) Of the members appointed by the Minister under sub-section (2)(a)—

(a)	one must be appointed until 31 December 1998;
(b)	2 must be appointed until 31 December 1999.

(4) The members appointed by the Minister

under sub-section (2)(b) must be appointed
until 31 December 1998.

(5) Of the members appointed by the Governor in Council under sub-section (2)(c)—

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 17

(a)	2 must be appointed until 31 December 1998;
(b)	2 must be appointed until 31 December 1999;
(c)	2 must be appointed until 31 December 2000.

(6) In the case only of the first appointments of members by the Governor in Council under section 7(1)(g) to take effect on 1 January

1998—

(a)	2 must be appointed until 31 December 1998;
(b)	2 must be appointed until 31 December 1999;
(c)	2 must be appointed until 31 December 2000.

(7) After the first appointments referred to in

this section, all appointments and elections to the Council shall be made in accordance with the provisions of this Act other than this

section.'.

17. New Schedules inserted

After the Schedule to the University of Ballarat

Act 1993 insert—

"SCHEDULE 2

Land that vests in the University

volume 2841	folio 090
volume 2983	folio 405
volume 3045	folio 914
volume 6424	folio 608
volume 8080	folio 906

University of Ballarat (Amendment) Act 1997

s. 18

Act No. 79/1997

volume 8238	folio 622
volume 9972	folio 055
volume 10176	folio 292
volume 10217	folio 380

SCHEDULE 3

Land to be managed by the University

The land being Crown Allotment 1, Section 9A City of Ballaarat, Parish of Ballaarat, described in the Order in Council dated 6 June 1884 and reserved as a site for a School of Mines by Order in Council dated 7 July 1884 and

published in the Government Gazette of 11 July 1884.

The land being Crown Allotment 2, Section 9A City of Ballaarat, Parish of Ballaarat, described in the Order in Council dated 6 June 1884 and reserved as a site for a School of Mines by Order in Council dated 9 July 1894 and

published in the Government Gazette of 13 July 1894."

18. Consequential amendment

In the Schedule to the University of Ballarat Act
1993 for the heading "Schedule" substitute
"Schedule 1".

19. Amendment of the Vocational Education and Training Act 1990

No. 45/1990.	(1) In section 3 of the Vocational Education and
Reprinted to
Act No.	Training Act 1990, in the definition of
106/1994 and	"university with a TAFE division", after "means
subsequently
amended by	the" insert "University of Ballarat,".
Act Nos
42/1995,	(2) Section 37 of the Vocational Education and
85/1995,
35/1996	Training Act 1990 is repealed.
59/1996 and 9/1997.

(3) In Schedule 1 to the Vocational Education and
Training Act 1990, omit "The School of Mines

University of Ballarat (Amendment) Act 1997

Act No. 79/1997 s. 19

and Industries Ballarat Limited" and "Wimmera

Institute of Technical and Further Education".

═══════════════
University of Ballarat (Amendment) Act 1997

Notes Act No. 79/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 18 September 1997

Legislative Council: 29 October 1997

The long title for the Bill for this Act was "to amend the University of
Ballarat Act 1993 to provide for the merger of The School of Mines and
Industries Ballarat Limited and the Wimmera Institute of TAFE with the
University of Ballarat and other miscellaneous matters, to make
consequential amendments to the Vocational Education and Training
Act 1990 and for other purposes."