Untitled document

University Acts (Further Amendment) Act 1997

Act No. 70/1997

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—DEAKIN UNIVERSITY 3

3.	Disposal of land	3
4.	Composition of Council	3
5.	New section 8 substituted	4
8. Term of office of Council members	4
6.	Consequential amendments	4
7.	Vacancies	5
8.	Powers and functions of the Council and Academic Board	6
9.	Statutes	6
10.	Financial arrangements	6
11.	New section 33A inserted	6
33A. Disposal of land	6
12.	New Division 9 inserted	7
Division 9—Transitional	7
39. First Council appointments for 1998	7

PART 3—LA TROBE UNIVERSITY 10

13.	Disposal of land	10
14.	New section 7 substituted	10
7. Composition of Council	10
15.	New section 8 substituted	11
8. Term of office of Council members	11
16.	Consequential amendments	12
17.	Casual vacancies	12
18.	Council functions	13
19.	Academic Board	13
20.	Statutes	13
21.	Financial arrangements	14
22.	Disposal of land	14

i

Section Page

23.	New Division inserted	15
Division 11—Transitional	15
43. First Council appointments for 1998	15

PART 4—THE UNIVERSITY OF MELBOURNE 18

24.	Powers of the Council	18
25.	New section 5 substituted	18
5. The Council	18
26.	New section 6 substituted and section 6A repealed	19
6. Term of office of Council members	19
27.	Consequential amendments and repeals	20
28.	Casual vacancies	21
29.	Statutes	21
30.	Convocation	21
31.	Academic Board	22
32.	Powers of Convocation	22
33.	Approval of Statutes	22
34.	Financial arrangements	22
35.	Companies, etc	22
36.	New section 41B inserted	22
41B. Disposal of land	23
37.	New Part IV inserted	23
PART IV—TRANSITIONAL	23
48. First Council appointments for 1998	24

PART 5—MONASH UNIVERSITY 26

38.	Disposal of land	26
39.	Objects of the University	26
40.	New section 7 substituted	26
7. Composition of Council	26
41.	New section 8 substituted	27
8. Term of office of Council members	27
42.	Consequential amendments	28
43.	Casual vacancies	28
44.	Powers and functions of the Council and Academic Board	29
45.	Statutes	29
46.	Financial arrangements	29
47.	New section 35AA inserted	29
35AA. Disposal of land	29
48.	New Division 10 inserted	30

ii

Section Page

Division 10—Transitional	30
43. First Council appointments for 1998	30

PART 6—ROYAL MELBOURNE INSTITUTE OF

TECHNOLOGY 33

49.	The Council	33
50.	New section 8 substituted	34
8. Term of office of Council members	34
51.	Vacancies arising from other appointments	35
52.	Consequential amendments	35
53.	Casual vacancies	35
54.	Statutes	36
55.	Borrowing powers	36
56.	Disposal of land	36
57.	New Part 10 inserted	37
PART 10—TRANSITIONAL	37
64. First Council appointments for 1998	37

PART 7—SWINBURNE UNIVERSITY OF TECHNOLOGY 40

58.	New section 7 substituted	40
7. The Council	40
59.	New section 8 substituted	41
8. Term of office of Council members	41
60.	Vacancies arising from other appointment	42
61.	Consequential amendments	42
62.	Casual vacancies	42
63.	Statutes	43
64.	Borrowing powers	43
65.	Disposal of land	43
66.	New Part 10 substituted	44
PART 10—TRANSITIONAL	44
68. First Council appointments for 1998	44

PART 8—VICTORIA UNIVERSITY OF TECHNOLOGY 47

67.	New section 7 substituted	47
7. The Council	47
68.	New section 8 substituted	48
8. Term of office of Council members	48
69.	Vacancies arising from other appointment	49
70.	Casual vacancies	49
71.	TAFE Division	49

iii

Section Page

72.	New section 34C inserted	49
34C. Board of Technical Studies	50
73.	Statutes	50
74.	Borrowing powers	50
75.	Disposal of land	50
76.	New Part 9 substituted	51
PART 9—TRANSITIONAL	51
69. First Council appointments for 1998	52

PART 9—OTHER AMENDMENTS 54

77.	Courses of study	54
78.	Statute law revision	54

═══════════════

NOTES 55

iv

Victoria

No. 70 of 1997

University Acts (Further Amendment)

Act 1997†

[Assented to 18 November 1997]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purpose of this Act is to amend certain
Acts establishing Victorian universities.

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 2

2. Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

(2) The remainder of this Act comes into operation on 1 January 1998.

_______________
University Acts (Further Amendment) Act 1997

s. 3 Act No. 70/1997

PART 2—DEAKIN UNIVERSITY

3. Disposal of land

No. 8610.	The proviso to section 3(2) of the Deakin
Reprint No. 1
as at 3	University Act 1974 is repealed.
October 1996 and further amended by No. 57/1996.

4. Composition of Council

For section 7(1) of the Deakin University Act
1974 substitute—

"(1) The Council shall consist of—

(a) the Chancellor;
(b) the Vice-Chancellor;

(c) the Chairman of the Academic Board;

(d)	3 persons elected by and from the staff of the University prescribed by the Statutes;
(e)	2 persons elected by and from the students enrolled at the University prescribed by the Statutes;
(f)	6 persons appointed by the Governor in Council;

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

(1A) If the Chairperson of the Academic Board is not a professor or an associate professor, one of the members of staff elected under sub-

section (1)(d) must be elected from the staff

who are professors or associate professors.

(1B) Of the members appointed under sub-section

(1)(h)—

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 5

(a)	one must be a person with substantial business experience;
(b)

one must be a person with financial matters.

(1C) Not more than 3 members of the Council

appointed under sub-section (1)(f) and (h)
may be persons whose normal place of
residence is outside Australia.".

5. New section 8 substituted

For section 8 of the Deakin University Act 1974
substitute—

"8. Term of office of Council members

Subject to this Act, a member of the

Council—

(a)	appointed by the Governor in Council, the Minister or the Council holds office until 31 December in the second year
next following the year his or her appointment takes effect;
(b)	elected by members of staff holds office until 31 December in the year next following the year his or her election takes effect;
(c)

elected by enrolled students holds or her election takes effect.".

6. Consequential amendments

In the Deakin University Act 1974—

(a) in section 9, sub-section (2) is repealed;

(b) in section 9(5)(a) and (b) and (6), omit "academic staff or general" (wherever occurring);

University Acts (Further Amendment) Act 1997

s. 7 Act No. 70/1997

(c)	in section 9(6)(a), for "(d), (e), (f) or (g)" substitute "(f), (g) or (h)";
(d)	in section 12(a) and (b), for "co-option" substitute "the Council".

7. Vacancies

(1) After section 14 of the Deakin University Act

1974 insert—
"(2) Any change in the membership, or the

academic rank of the member, of the Council
under section 7(1)(c) does not affect the
membership of the Council by a person who
is elected under section 7(1)(d) during the
term of appointment under section 7(1)(d).".

(2) For section 15(1) of the Deakin University Act

1974 substitute—
"(1) If the office of a member of the Council

becomes vacant otherwise than by reason of the expiry of the member's term of office, a person must be appointed or elected as

prescribed to fill the vacancy.

(1A) If the vacancy occurs within 3 months before

the expiry of a member's term of office, the office may be left vacant for the remainder of the term.".

(3) For section 15(5) of the Deakin University Act

1974 substitute—
"(5) Despite section 7(1)(f), 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
provision to be appointed by the Governor in
Council.".

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 8

8.  Powers and functions of the Council and Academic Board

(1) In section 22 of the Deakin University Act 1974, for "management" substitute "direction".

(2) In section 27(a) of the Deakin University Act 1974, for "discuss and submit to the Council an opinion on any matter whatsoever relating to"

substitute "make to the Council any

recommendation about the academic affairs of".

9. Statutes

In section 28(3) of the Deakin University Act
1974, for "Governor in Council"(wherever

occurring) substitute "Minister".

10. Financial arrangements

(1) In section 30(2) of the Deakin University Act

1974, 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".

(2) In section 30 of the Deakin University Act 1974,

sub-section (4) is repealed.

11. New section 33A inserted

After section 33 of the Deakin University Act

1974 insert—

"33A. Disposal of land

(1) 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 leasehold interest not exceeding
21 years and whether totally or partially or
subject to conditions) any land granted in fee
simple under section 33(3)(a).

University Acts (Further Amendment) Act 1997

s. 12 Act No. 70/1997

(2) The Council must not, without the prior

approval of the Minister—

(a)

alienate any interest in fee simple of 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.

(3) Sub-sections (1) and (2) have effect despite

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

12. New Division 9 inserted

After section 38 of the Deakin University Act

1974 insert—

"Division 9—Transitional

39. First Council appointments for 1998
(1) The members of the Council of Deakin

University except the Chancellor, the Vice Chancellor and the Chairman of the Academic Board are deemed to have gone out of office at the end of 31 December 1997 but are eligible for re-election or re- appointment as 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(1)(d) shall be persons appointed by the Minister who, on 31 December

University Acts (Further Amendment) Act 1997

Act No. 70/1997	s. 12
1997, were members of the staff of Deakin University;

(b)	the 2 members referred to in section 7(1)(e) shall be persons appointed by the Minister who, on 31 December 1997 were enrolled students of Deakin University;
(c)	the 6 members referred to in section 7(1)(h) shall be persons appointed by the members of the Council who were in office before 31 December 1997.

(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 Council under sub-section (2)(c)—

(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 to the Council by the Governor in Council under section 7(1)(f) to take effect on 1 January 1998—

University Acts (Further Amendment) Act 1997

s. 12 Act No. 70/1997

(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.".

_______________
University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 13

PART 3—LA TROBE UNIVERSITY

13. Disposal of land

The proviso to section 3(2) of the La Trobe	No. 7189. Reprint No. 3
University Act 1964 is repealed.	as at 27 February
1997.

14. New section 7 substituted

For section 7 of the La Trobe University Act
1964 substitute—
"7. Composition of Council

(1) The Council shall consist of—

(a) the Chancellor;
(b) the Vice-Chancellor;

(c) the Chairman of the Academic Board;

(d)	3 persons elected by and from the staff of the University prescribed by the Statutes;
(e)	2 persons elected by and from the students enrolled at the University prescribed by the Statutes;
(f)	6 persons appointed by the Governor in Council;

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

(2) If the Chairman of the Academic Board is

not a professor or an associate professor, one
of the members of staff elected under sub-
section (1)(d) must be elected from the staff
who are professors or associate professors.

(3) If the Chairman of the Academic Board is
the Vice Chancellor of the University, the

University Acts (Further Amendment) Act 1997

s. 15 Act No. 70/1997

Deputy Chairman of the Academic Board is to be a member of the Council for the purposes of sub-section (1)(c).

(4) Of the persons appointed under sub-section (1)(f) and (h)—

(a)	2 must be persons who have experience and interests in the Bendigo region;
(b)	one must be a person who has experience and interests in the Albury- Wodonga region;
(c)	one must be a person with substantial business experience;
(d)

one must be a person with financial matters.

(5) Not more than 3 members of the Council

appointed under sub-section (1)(f) and (h)
may be persons whose normal place of
residence is outside Australia.

(6) A person appointed under sub-section (1)(f)

or (h) must not be a person whose sole or
principal employment is in connection with
his or her duties as a member of the staff.".

15. New section 8 substituted

For section 8 of the La Trobe University Act
1964 substitute—

"8. Term of office of Council members

Subject to this Act, a member of the

Council—

(a) appointed by the Governor in Council, the Minister or the Council holds office until 31 December in the second year

University Acts (Further Amendment) Act 1997

Act No. 70/1997	s. 16
next following the year his or her appointment takes effect;

(b)	elected by members of staff holds office until 31 December in the year next following the year his or her election takes effect;
(c)	elected by enrolled students holds office until 31 December in the year that his or her election takes effect.".

16. Consequential amendments

(1) For section 9(2) of the La Trobe University Act

1964 substitute—
"(2) Any change in the membership, or the

academic rank of the member, of the Council
under section 7(1)(c) does not affect the
membership of the Council by a person who
is elected under section 7(1)(d) during the
term of appointment under section 7(1)(d).".

(2) In section 9 of the La Trobe University Act 1964, sub-section (4) is repealed.

(3) In section 11 of the La Trobe University Act

1964—

(a) in sub-section (1) after "prescribed" insert "by the Statutes";

(b) in sub-section (2) omit "or regulations".

(4) In section 14 of the La Trobe University Act

1964—

(a) in sub-section (1) for "(1) If" substitute "If";

(b) sub-section (2) is repealed.

17. Casual vacancies

For section 15(1) of the La Trobe University Act
1964 substitute—

University Acts (Further Amendment) Act 1997

s. 18 Act No. 70/1997

"(1) If the office of a member of the Council

becomes vacant otherwise than by reason of the expiry of the member's term of office, a person must be appointed or elected as

prescribed to fill the vacancy.

(1A) If the vacancy occurs within 3 months before

the expiry of a member's term of office, the office may be left vacant for the remainder of the term.

(1B) Despite section 7(1)(f), 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
provision to be appointed by the Governor in
Council.".

18. Council functions

In section 22 of the La Trobe University Act

1964, for "management" substitute "direction".

19. Academic Board

In section 27(3)(a) of the La Trobe University Act 1964, for "discuss and submit to the Council an opinion on any matter whatsoever relating to" substitute "make to the Council any recommendation about the academic affairs of".

20. Statutes

(1) In section 30(1) of the La Trobe University Act 1964, after paragraph (da) insert—

"(db) the ascertainment by the Council of the

opinion of enrolled students upon anything
affecting the student body;".

(2) In section 30(3) of the La Trobe University Act

1964 for "Governor in Council"(wherever
occurring) substitute "Minister".

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 21

21. Financial arrangements

(1) In section 33(2) of the La Trobe University Act

1964, 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".

(2) In section 33 of the La Trobe University Act 1964, sub-section (4) is repealed.

22. Disposal of land

After section 36(4) of the La Trobe University
Act 1964 insert—

"(5) 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 leasehold interest not exceeding
21 years and whether totally or partially or
subject to conditions) any land granted in fee

simple under sub-section (4)(a).

(6) The Council must not, without the prior

approval of the Minister—

(a)	alienate any interest in fee simple in any land owned by the University, other than land referred to in sub- section (4)(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 (4)(a).

University Acts (Further Amendment) Act 1997

s. 23 Act No. 70/1997

(7) Sub-sections (5) and (6) have effect despite

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

23. New Division inserted

After section 42A of La Trobe University Act

1964 insert—

"Division 11—Transitional

43. First Council appointments for 1998
(1) The members of the Council of La Trobe

University, except the Chancellor, the Vice- Chancellor and the chairman of the Academic Board are deemed to have gone out of office at the end of 31 December 1997 but are eligible for re-election or re- appointment as members of the Council.

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

elections of members to take effect on or
after 1 January 1998—

(a)	the 3 members referred to in section 7(1)(d) shall be persons appointed by the Minister who, on 31 December 1997, were members of the staff of La Trobe University;
(b)	the 2 members referred to in section 7(1)(e) shall be persons appointed by the Minister who, on 31 December 1997 were enrolled students of La Trobe University;
(c)	the 6 members referred to in section 7(1)(h) shall be persons appointed by the members of the Council in office before 31 December 1997.

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 23

(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 Council under sub-section (2)(c)—

(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 to the Council by the Governor in Council under section 7(1)(f) 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.

University Acts (Further Amendment) Act 1997

s. 23 Act No. 70/1997

(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.".

_______________
University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 24

PART 4—THE UNIVERSITY OF MELBOURNE

24. Powers of the Council

No. 6405.

In section 4 of the Melbourne University Act

Reprint No. 4

1958—

as at 27
February 1997

(a) the proviso to sub-section (2) is repealed;

and further amended by

(b) in sub-section (6) for "The proviso to sub-

section (2) shall" substitute "Section 41B(2)
does".

No. 9/1997.

25. New section 5 substituted

For section 5 of the Melbourne University Act
1958 substitute—
"5. The Council

(1) The Council is the governing authority of the

University.

(2) The Council shall consist of—

(a) the Chancellor;

(b)	the person who is the Vice-Chancellor and Principal;
(c)	the Chairperson of the Academic Board;
(d)	3 persons elected by and from the staff of the University prescribed by the Statutes;
(e)	2 persons elected by and from the students enrolled at the University prescribed by the Statutes;
(f)	6 persons appointed by the Governor in Council;

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

University Acts (Further Amendment) Act 1997

s. 26 Act No. 70/1997

(3) If the Chairperson of the Academic Board is not a professor or an associate professor, one of the members of staff elected under sub-

section (2)(d) must be elected from the staff
who are professors or associate professors.

(4) Of the members appointed under sub-section (2)(f) and (h)—

(a)	one must be a person with substantial business experience;
(b)

one must be a person with financial matters.

(5) Not more than 3 members of the Council

appointed under sub-section (2)(f) and (h)
may be persons whose normal place of
residence is outside Australia.".

26. New section 6 substituted and section 6A repealed

For sections 6 and 6A of the Melbourne
University Act 1958 substitute—
"6. Term of office of Council members

(1) Subject to this Act, a member of the

Council—

(a)	appointed by the Governor in Council, the Minister or the Council holds office until 31 December in the second year
next following the year his or her appointment takes effect;
(b)	elected by members of staff holds office until 31 December in the year next following the year his or her election takes effect;
(c)

elected by enrolled students holds or her election takes effect.

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 27

(2) A member of the Council appointed by the

Governor in Council may, at any time, be removed by the Governor in Council.

(3) A member of the Council appointed by the Minister may, at any time, be removed by the Minister.

(4) If a member of the Council becomes entitled to be a member ex officio—

(a)	that member is deemed to hold office ex officio; and
(b)	the vacated office of that member shall be filled in the manner prescribed for the filling of casual vacancies.

(5) Any change in the membership, or the

academic rank of the member, of the Council
under section 5(2)(c) does not affect the
membership of the Council by a person who
is elected under section 5(2)(d) during the

term of appointment under section 5(2)(d).".

27. Consequential amendments and repeals

(1) In section 7 of the Melbourne University Act

1958—

(a) in sub-section (1) omit "or regulations";

(b)	in sub-section (2) for "In the case of elections of members by convocation or by undergraduate students such statutes or regulations" substitute "The statutes";
(c)	in sub-section (3)(a) omit "(other than members appointed by co-option)";
(d)	in sub-section (3)(a) omit "undergraduate students or graduate".

(2) Sections 7A, 7B and 7D of the Melbourne
University Act 1958 are repealed.
University Acts (Further Amendment) Act 1997

s. 28 Act No. 70/1997

(3) In section 9(a) of the Melbourne University Act

1958, omit "not being a member elected by
graduate students or undergraduate students,".

28. Casual vacancies

(1) In the proviso to section 10(4) of the Melbourne University Act 1958, omit paragraph (a).

(2) After section 10(4) of the Melbourne University

Act 1958, insert—
"(5) Despite section 5(2)(f), 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
provision to be appointed by the Governor in
Council.".

(3) In section 15(2) of the Melbourne University Act 1958, paragraph (bd) is repealed.

29. Statutes

After section 17(1)(r)(ii) of the Melbourne

University Act 1958 insert—

"; or

(iii)  any other work is undertaken that assists the University to attain any of its objects.".

30. Convocation

(1) In section 23 of the Melbourne University Act 1958, sub-sections (8) and (9) are repealed.

(2) In section 23 (10) of the Melbourne University

Act 1958, for "elected by convocation so far as regards tenure of office," substitute "so far as regards".

(3) In section 25 of the Melbourne University Act 1958, paragraph (a) is repealed.

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 31

31. Academic Board

In section 28(2)(a) of the Melbourne University Act 1958, for "discuss and forward to the Council an opinion on any matter whatsoever relating to"

substitute "make to the Council any

recommendation about the academic affairs of"

32. Powers of Convocation

In section 30 of the Melbourne University Act
1958, sub-sections (1), (1A), (1B) and (3) are

repealed.

33. Approval of Statutes

In section 31(1)(c) and (2) of the Melbourne substitute "Minister".

34. Financial arrangements

In section 32(1) of the Melbourne University Act 1958, 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".

35. Companies, etc

In sections 40A(1) and 40B(1) of the Melbourne substitute "it is in the interests of the management or conduct of the affairs or concerns of the University to do so".

University Act 1958, for "the management or
conduct of the affairs or concerns of the

36. New section 41B inserted

After section 41A of the Melbourne University
Act 1958 insert—

University Acts (Further Amendment) Act 1997

s. 37 Act No. 70/1997

"41B. Disposal of land

(1) The Council must not, without the prior

approval of the Minister, alienate (whether in
fee simple or for a lesser estate or interest
except a leasehold interest not exceeding 21
years and whether totally or partially or
subject to conditions) any land granted in fee

simple under section 41A(4)(a).

(2) The Council must not, without the prior

approval of the Minister—

(a) any land owned by the University,
other than land referred to in section
41A(4)(a), if the sum of the
consideration for the transfer or
conveyance of that interest exceeds

alienate any interest in fee simple in 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 section 41A(4)(a).

(3) Sub-sections (1) and (2) have effect despite

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

37. New Part IV inserted

After section 47 of Melbourne University Act

1958 insert—

"PART IV—TRANSITIONAL

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 37

48. First Council appointments for 1998
(1) The members of the Council of The

University of Melbourne, except the Chancellor, the person who is the vice- chancellor and principal and the person who is the chairperson of the Academic Board are deemed to have gone out of office at the end of 31 December 1997 but are eligible for re- election or re-appointment as 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 5(2)(d) shall be persons appointed by the Minister who, on 31 December 1997, were members of the staff of Melbourne University;
(b)	the 2 members referred to in section 5(2)(e) shall be persons appointed by the Minister who, on 31 December 1997 were enrolled students of Melbourne University;
(c)	the 6 members referred to in section 5(2)(h) shall be persons appointed by the members of the Council in office before 31 December 1997.

(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.

University Acts (Further Amendment) Act 1997

s. 37 Act No. 70/1997

(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 Council under sub-section (2)(c)—

(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 to the Council by the Governor in Council under section 5(2)(f) 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.".

_______________
University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 38

PART 5—MONASH UNIVERSITY

38. Disposal of land

No. 6184.

The proviso to section 3(2) of the Monash	Reprint No. 3
University Act 1958 is repealed.	as at 27 February
1997.

39. Objects of the University

In section 5(d) of the Monash University Act

1958, after "Victoria" insert "and elsewhere".

40. New section 7 substituted

For section 7 of the Monash University Act 1958
substitute—
"7. Composition of Council

(1) The Council shall consist of—

(a) the Chancellor;

(b) the Vice-Chancellor and President;

(c)	the Chairperson of the Academic Board;
(d)	3 persons elected by and from the staff of the University prescribed by the Statutes;
(e)	2 persons elected by and from the students enrolled at the University prescribed by the Statutes;
(f)	6 persons appointed by the Governor in Council;

(g) one person appointed by the Minister;

(h) 6 persons appointed by the Council.

(2) If the Chairperson of the Academic Board is
not a professor or an associate professor, one

University Acts (Further Amendment) Act 1997

s. 41 Act No. 70/1997

of the members of staff elected under sub-
section (1)(d) must be elected from the staff
who are professors or associate professors.

(3) If the Chairperson of the Academic Board is

the Vice-Chancellor and President of the
University, the Deputy Chairperson of the
Academic Board is to be a member of the
Council for the purposes of sub-section
(1)(c).

(4) Of the members appointed under sub-section (1)(f) and (h)—

(a)	one must be a person with substantial business experience;
(b)

one must be a person with financial matters.

(5) Not more than 3 members of the Council

appointed under sub-section (1)(f) and (h)
may be persons whose normal place of
residence is outside Australia.".

41. New section 8 substituted

For section 8 of the Monash University Act 1958
substitute—

"8. Term of office of Council members

Subject to this Act, a member of the

Council—

(a)	appointed by the Governor in Council, the Minister or the Council holds office until 31 December in the second year
next following the year his or her appointment takes effect;
(b)	elected by members of staff holds office until 31 December in the year

University Acts (Further Amendment) Act 1997

Act No. 70/1997	s. 42
next following the year his or her election takes effect;
(c)	elected by enrolled students holds office until 31 December in the year that his or her election takes effect.".

42. Consequential amendments

(1) For section 9(2) of the Monash University Act

1958 substitute—
"(2) Any change in the membership, or the

academic rank of a member, of the Council
under section 7(1)(c) does not affect the
membership of the Council by a person
elected under section 7(1)(d) during the term
of appointment under section 7(1)(d).".

(2) In section 9(3) of the Monash University Act

1958, for "a professor, a dean of a faculty, a
member of the teaching staff of the University, a
member of the staff of the University (other than
the teaching staff)" substitute "a member of the
staff of the University".

43. Casual vacancies

(1) In section 15(4) of the Monash University Act 1958 for "Except as is otherwise provided with respect to members appointed by co-option as

being deans of faculties a" substitute "A".

(2) For the proviso to section 15(4) of the Monash

University Act 1958 substitute—
"(5) If the vacancy occurs within 3 months before

the expiry of a member's term of office, the office may be left vacant for the remainder of the term.

(6) Despite section 7(1)(f), the Minister, after

consultation with the Chancellor, may
appoint a person to a casual vacancy in the

University Acts (Further Amendment) Act 1997

s. 44 Act No. 70/1997

office of a member who is required by that
provision to be appointed by the Governor in
Council.".

44.  Powers and functions of the Council and Academic Board

(1) In section 22 of the Monash University Act 1958, for "management" substitute "direction".

(2) In section 26(2)(a) of the Monash University Act 1958, for "discuss and submit to the Council an opinion on any matter whatsoever relating to" substitute "make to the Council any recommendation about the academic affairs of".

45. Statutes

In section 29(1) of the Monash University Act
1958 for "Governor in Council" (wherever

occurring) substitute "Minister".

46. Financial arrangements

(1) In section 32(2) of the Monash University Act

1958 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".

(2) In section 32 of the Monash University Act 1958, sub-section (4) is repealed.

47. New section 35AA inserted

After section 35 of the Monash University Act

1958 insert—

"35AA. Disposal of land

(1) 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 leasehold interest not exceeding

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 48

21 years and whether totally or partially or
subject to conditions) any land granted in fee

simple under section 35(4)(a).

(2) The Council must not, without the prior

approval of the Minister—

(a) any land owned by the University,
other than land referred to in section
35(4)(a), if the sum of the consideration

alienate any interest in fee simple in 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 section 35(4)(a).

(3) Sub-sections (1) and (2) have effect despite

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

48. New Division 10 inserted

After section 42 of the Monash University Act

1958 insert—

"Division 10—Transitional

43. First Council appointments for 1998
(1) The members of the Council of Monash

University, except the Chancellor and the person who is the Vice-Chancellor and President are deemed to have gone out of office at the end of 31 December 1997 but are eligible for re-election or re-appointment as members of the Council.

University Acts (Further Amendment) Act 1997

s. 48 Act No. 70/1997

(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(1)(d) shall be persons appointed by the Minister who, on 31 December 1997, were members of the staff of Monash University;
(b)	the 2 members referred to in section 7(1)(e) shall be persons appointed by the Minister who, on 31 December 1997 were enrolled students of Monash University;
(c)	the 6 members referred to in section 7(1)(h) shall be persons appointed by the members of the Council who were in office before 31 December 1997.

(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 Council under sub-section (2)(c)—

(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.

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 48

(6) In the case only of the first appointments of members to the Council by the Governor in Council under section 7(1)(f) to take effect on or after 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.".

_______________
University Acts (Further Amendment) Act 1997

s. 49 Act No. 70/1997

PART 6—ROYAL MELBOURNE INSTITUTE OF

TECHNOLOGY

49. The Council

No. 45/1992.

For section 7(2) and (3) of the Royal Melbourne

Reprint No. 1

as at 10

Institute of Technology Act 1992 substitute—

October 1996

and further

"(2) The Council shall consist of—

amended by

No. 57/1996.

(a) the Chancellor;
(b) the Vice-Chancellor;

(c)	the Chairperson 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 Chairperson 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.

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 50

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

(a)	one must be a person with substantial business experience;
(b)

one must be a person with financial matters;

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

(5) Members appointed under sub-section (2)(g) or (i) must not be persons who are employed as staff, or are, students at, the University.

(6) 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.

(7) Elections of members of the Council shall be

conducted in accordance with the Statutes.".

50. New section 8 substituted

For section 8 of the Royal Melbourne Institute
of Technology Act 1992 substitute—

"8. Term of office of Council members

Subject to this Act, a member of the

Council—

(a)	appointed by the Governor in Council, the Minister or the Council holds office until 31 December in the second year
next following the year his or her appointment takes effect;
(b)	elected by members of staff holds office until 31 December in the year

University Acts (Further Amendment) Act 1997

s. 51	Act No. 70/1997
next following the year his or her election takes effect;

(c) elected by enrolled students holds office until 31 December in the year that his or her election takes effect.".

51. Vacancies arising from other appointments

For section 10(3) of the Royal Melbourne
Institute of Technology Act 1992 substitute—

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

academic rank of the member, of the Council
under section 7(2)(c) does not affect the
membership of the Council by a person
elected under section 7(2)(e) during the term

of appointment under section 7(2)(e).".

52. Consequential amendments

(1) In section 11 of the Royal Melbourne

Institute of Technology Act 1992, for "(k)"
(where twice occurring) substitute "(i)".

(2) In section 17(4) of the Royal Melbourne Institute of Technology Act 1992—

(a)	for "(k)" (where first occurring) substitute "(i)";
(b)	for "(h), (i), (j) or (k)" substitute "(g), (h) or (i)".

53. Casual vacancies

After section 14(2) of the Royal Melbourne Institute of Technology Act 1992, 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
provision to be appointed by the Governor in
Council.".

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 54

54. Statutes

In section 33(4)(c) and (5) of the Royal
Melbourne Institute of Technology Act 1992 for

"Governor in Council" substitute "Minister".

55. Borrowing powers

In section 36(2) of the Royal Melbourne 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".

56. Disposal of land

After section 37(5) of the Royal Melbourne Institute of Technology Act 1992 insert— "(6) The Council must not, without the prior

approval or the Minister, alienate (whether in
fee simple or for a lesser estate or interest
other than a leasehold interest not exceeding
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 in 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

University Acts (Further Amendment) Act 1997

s. 57 Act No. 70/1997

(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 (4)(a).

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

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

57. New Part 10 inserted

After section 63 of the Royal Melbourne

Institute of Technology Act 1992 insert—

"PART 10—TRANSITIONAL

64. First Council appointments for 1998

(1) All members of the Council of the Royal

Melbourne Institute of Technology except
the Chancellor and the Vice-Chancellor are
deemed to go out of office at the end of 31
December 1997 but are eligible for re-
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 or
after 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 Royal Melbourne Institute of Technology;
(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 Royal Melbourne Institute of Technology;

University Acts (Further Amendment) Act 1997

Act No. 70/1997	s. 57
(c)	the 6 members referred to in section 7(2)(i) shall be persons appointed by the members of the Council who were

in office before 31 December 1997.

(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 Council under sub-section (2)(c)—

(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 to the Council by the Governor in Council under section 7(2)(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.

University Acts (Further Amendment) Act 1997

s. 57 Act No. 70/1997

(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.".

_______________
University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 58

PART 7—SWINBURNE UNIVERSITY OF TECHNOLOGY

58. New section 7 substituted

For section 7 of the Swinburne University of	No. 44/1992. Reprint No. 1
Technology Act 1992 substitute—	as at 27 February
"7. The Council	1997.
(1) The Council is the governing authority of the

University and has the direction and superintendence of the University.

(2) The Council shall consist of—

(a) the Chancellor;

(b) the Vice-Chancellor;

(c)	the Chairperson 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 Chairperson of the Academic Board is not a professor or an associate professor, one of the members of staff elected under sub-

University Acts (Further Amendment) Act 1997

s. 59 Act No. 70/1997

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)—

(a)	one must be a person with substantial business experience;
(b)

one must be a person with financial matters;

(c)	one must be a person who has substantial knowledge or experience of vocational education and training;
(d)	one must be a person who resides in the Outer Eastern region of Melbourne.

(5) Members appointed under sub-section (2)(g) or (i) must not be persons who are employed as staff, or are, students at, the University.

(6) 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.

(7) Elections of members of the Council shall be

conducted in accordance with the Statutes.".

59. New section 8 substituted

For section 8 of the Swinburne University of
Technology Act 1992 substitute—

"8. Term of office of Council members

Subject to this Act, a member of the

Council—

(a) appointed by the Governor in Council, the Minister or the Council holds office until 31 December in the second year

University Acts (Further Amendment) Act 1997

Act No. 70/1997	s. 60
next following the year his or her appointment takes effect;

(b)	elected by members of staff holds office until 31 December in the year next following the year his or her election takes effect;
(c)	elected by enrolled students holds office until 31 December in the year that his or her election takes effect.".

60. Vacancies arising from other appointment

For section 10(3) of the Swinburne University of
Technology Act 1992 substitute—

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

academic rank of the member, of the Council
under section 7(2)(c) does not affect the
membership of the Council by a person
elected under section 7(2)(e) during term of

appointment under section 7(2)(e).".

61. Consequential amendments

(1) In section 11 of the Swinburne University of Technology Act 1992, for "(j)" (where twice occurring) substitute "(i)".

(2) In section 17(4) of the Swinburne University of Technology Act 1992—

(a) for "(j)" (where first occurring) substitute "(i)";

(b) for ", (i) or (j)" substitute "or (i)".

62. Casual vacancies

After section 14(2) of the Swinburne University
of Technology Act 1992 insert—

"(3) Despite section 7(2)(g), the Minister, after

consultation with the Chancellor, may
appoint a person to a casual vacancy in the

University Acts (Further Amendment) Act 1997

s. 63 Act No. 70/1997

office of a member who is required by that
provision to be appointed by the Governor in

Council.".

63. Statutes

In section 38(3)(c) and (4) of the Swinburne
University of Technology Act 1992, for

"Governor in Council" substitute "Minister".

64. Borrowing powers

In section 41(2) of the Swinburne University of
Technology Act 1992 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".

65. Disposal of land

(1) In section 42(3A) of the Swinburne University of

Technology Act 1992, after "or interest" insert
"except a leasehold interest not exceeding 21
years".

(2) For section 42(3B) of the Swinburne University of Technology Act 1992 substitute—

"(3B) 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 Acts (Further Amendment) Act 1997

Act No. 70/1997	s. 66
University other than land referred to in sub-section (3)(a).

(3C) Sub-sections (3A) and (3B) have effect despite any Act or law to the contrary, including any rule of common law.".

66. New Part 10 substituted

For Part 10 of the Swinburne University of

Technology Act 1992 substitute—

"PART 10—TRANSITIONAL

68. First Council appointments for 1998
(1) All members of the Council of the

Swinburne University of Technology, except the Chancellor, the Vice-Chancellor and the Chairperson of the Academic Board are

deemed to go out of office at the end of 31
December 1997 but are eligible for re-
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 Swinburne University of Technology;
(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 Swinburne University of Technology;
(c)	the 6 members referred to in section 7(2)(i) shall be persons appointed by

University Acts (Further Amendment) Act 1997

s. 66	Act No. 70/1997
the members of the Council who were in office before 31 December 1997.

(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 Council under sub-section (2)(c)—

(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 to the Council by the Governor in Council under section 7(2)(g) to take effect on or after 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

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 66

with the provisions of this Act other than this

section.".

_______________
University Acts (Further Amendment) Act 1997

s. 67 Act No. 70/1997

PART 8—VICTORIA UNIVERSITY OF TECHNOLOGY

67. New section 7 substituted

No. 21/1990.	For section 7 of the Victoria University of
Reprint No. 1
as at 21	Technology Act 1990 substitute—
February
1997.	"7. The Council (1) The Council is the governing authority of the

University and has the direction and superintendence of the University.

(2) The Council shall consist of—

(a) the Chancellor;

(b) the Vice-Chancellor;

(c)	the Chairperson 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 Chairperson of the Academic Board is
not a professor or an associate professor, one
of the members of staff appointed under sub-

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 68

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)—

(a)	one must be a person with substantial business experience;
(b)

one must be a person with financial matters;

(c)	one must be a person who has substantial knowledge or experience of vocational education and training;
(d)	3 must be persons who live or work in or about the Western Metropolitan Region of Melbourne.

(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.".

68. New section 8 substituted

For section 8 of the Victoria University of
Technology Act 1990 substitute—

"8. Term of office of Council members

Subject to this Act, a member of the

Council—

(a)	appointed by the Governor in Council, the Minister or the Council holds office until 31 December in the second year
next following the year his or her appointment takes effect;

University Acts (Further Amendment) Act 1997

s. 69 Act No. 70/1997

(b)	elected by members of staff holds office until 31 December in the year next following the year his or her election takes effect;
(c)	elected by enrolled students holds office until 31 December in the year that his or her election takes effect.".

69. Vacancies arising from other appointment

For section 10(3) of the Victoria University of
Technology Act 1990 substitute—

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

academic rank of the member of, the Council
under section 7(2)(c) does not affect the
membership of the Council by a person
elected under section 7(2)(e) during the term

of appointment under section 7(2)(e).".

70. Casual vacancies

After section 14(2) of the Victoria University of
Technology Act 1990 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
provision to be appointed by the Governor in

Council.".

71. TAFE Division

In section 27(1) of the Victoria University of
Technology Act 1990, after "Board of Technical
and Further Education" insert ", the Board of

Technical Studies".

72. New section 34C inserted

After section 34B of the Victoria University of
Technology Act 1990 insert—

University Acts (Further Amendment) Act 1997

s. 73
s. 75

Act No. 70/1997

"34C. 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.".

73. Statutes

In section 35 (4) and (5) of the Victoria University of Technology Act 1990, for "Governor in Council" substitute "Minister".

74. Borrowing powers

In section 37(2) of the Victoria University of
Technology Act 1990, 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".

75.  Disposal of land

University Acts (Further Amendment) Act 1997

Act No. 70/1997

(2) After section 40(5) of the Victoria University of

Technology Act 1990 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
except a leasehold interest not exceeding 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.".

76. New Part 9 substituted

For Part 9 of the Victoria University of

Technology Act 1990 substitute—

"PART 9—TRANSITIONAL

University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 76

69. First Council appointments for 1998

(1) All members of the Council of the Victoria

University of Technology, except the
Chancellor, the Vice-Chancellor and the
Chairperson of the Academic Board are
deemed to go out of office at the end of 31
December 1997 but are eligible for re-
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 Victoria University of Technology;
(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 Victoria University of Technology;
(c)	the 6 members referred to in section 7(2)(i) shall be persons appointed by the members of the Council who were

in office before 31 December 1997.

(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.

University Acts (Further Amendment) Act 1997

s. 76 Act No. 70/1997

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

(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 to the Council by the Governor in Council under section 7(2)(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.".

_______________
University Acts (Further Amendment) Act 1997

Act No. 70/1997 s. 77

PART 9—OTHER AMENDMENTS

77. Courses of study

In the Tertiary Education Act 1993—	No. 18/1993. Reprint No. 1
(a) in section 10(3), paragraph (b) is repealed;	as at 7
November
(b) in section 11(4), paragraph (a) is repealed;	1996.

78. Statute law revision

In sections 28 and 29 of the University Acts	No. 57/1996.
(Amendment) Act 1996, for "Deakin University Act 1964" substitute "Deakin University Act 1974".

═══════════════
University Acts (Further Amendment) Act 1997

Notes Act No. 70/1997

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 Deakin
University Act 1974, the La Trobe University Act 1964, the
Melbourne University Act 1958, the Monash University Act 1958, the
Royal Melbourne Institute of Technology Act 1992, the Swinburne
University of Technology Act 1992, the Victoria University of
Technology Act 1990 and the Tertiary Education Act 1993 and for
other purposes."