Voluntary Membership of Student Guilds and Associations Act 1994 (WA)

WESTERN AUSTRALIA

VOLUNTARY MEMBERSHIP OF

STUDENT GUILDS AND

ASSOCIATIONS ACT 1994

No. 91 of 1994

AN ACT to amend the

• Colleges Act 1978;

•	Curtin University of Technology Act 1966;

• Edith Cowan University Act 1984;

• Murdoch University Act 1973;

•	University of Notre Dame Australia Act 1989; and
•	University of Western Australia Act 1911,

to ensure that membership of student guilds and

associations is voluntary.

[Assented to 5 January 1995.]

The Parliament of Western Australia enacts as follows:

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PART 1— PRELIMINARY

Short title

1. This Act may be cited as the Voluntary Membership of

Student Guilds and Associations Act 1994.

Commencement and effect

2. (1) Subject to subsection (2), this Act comes into operation on the day on which it received the Royal Assent.

Except as provided in subsection (3), the amendments to each principal Act effected by this Act do not apply in respect of any subscription, fee or amount that became payable under any such principal Act before the commencement of this Act.

(2)

If, before this Act comes into operation, a subscription, fee or amount has been paid under a principal Act that is amended by this Act for membership of a student guild or association in the year commencing 1 January 1995, or any part of that year, the student guild or association shall, upon written application by the person by or on whose behalf the subscription, fee or amount was paid, refund that subscription, fee or amount.

(3)

The amendments to each principal Act effected by this Act are to be construed subject to the limits of the legislative power of the State and are valid to the extent to which they are within that power.

(4)

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PART 2 — COLLEGES ACT 1978

Principal Act

3. In this Part the Colleges Act 1978* is referred to as the

principal Act.

[* Act No. 100 of 1978.

For subsequent amendments see 1993 Index to

Legislation of Western Australia, Table 1, p. 36.]

Section 44 amended

4. Section 44 of the principal Act is amended —

(a)	in subsection (2) by deleting "the enrolled students of the college" and substituting the following —

its members

"; and

(b)	by repealing subsections (3) and (4) and substituting the following subsections -

Subject to the conditions and qualifications for membership prescribed by Statute any enrolled student may be a member of the student association.

(3)

It is not compulsory for any

enrolled student to be a member of the

student association.

(4)

It is not compulsory for any

enrolled student or person seeking

enrolment as a student

(5)

(a) to make a subscription or pay

any fee required by the student

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association, either directly or indirectly, or to pay an amount in lieu of such a subscription or fee; or

(b) to pay an amount required by a college for the provision of any amenity, facility or service which is not, or not directly related to, an educational course provided by the college,

unless that person has chosen to join the student association or to make use of the amenity, facility or service.

(6) No academic benefit, right or privilege shall be denied to or withheld from any enrolled student by reason of that student not being a member of the student association.

Sections 44A and 44B inserted

5. After section 44 of the principal Act the following sections

are inserted —

College not to accept certain Commonwealth

grants

44A. A college shall not —

(a) accept payment of any amount of financial assistance from the Commonwealth granted to the college for a student association as a result of the State taking or refusing or failing to reverse, action having the effect,

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directly or indirectly, of preventing or hindering the imposition of fees for such a student association or the collection of those fees;

(b)	accept payment of any amount referred to in paragraph (a) on condition that the college will pay that amount to the student association or pay that amount to the student association without undue delay;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the college will pay that amount to the student association or pay that amount to the student association without undue delay.

Student association not to accept certain

Commonwealth grants

44B. A student association shall not —

(a)	accept payment of any amount of financial assistance from the Commonwealth authorized to be paid to the student association as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the acceptance by a college, or payment by a college to a student association, of financial assistance from the Commonwealth;
(b)	accept payment of any amount referred to in paragraph (a) on condition that the

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student association use that amount for the purposes of providing benefits to students or for purposes that further the objects of the student association;

(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the student association will use that amount for the purposes of providing benefits to students or for purposes that further the objects of the student association.

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and Associations Act 1994

PART 3 — CURTIN UNIVERSITY OF TECHNOLOGY

ACT 1966

Principal Act

6. In this Part the Curtin University of Technology Act 1966* is

referred to as the principal Act.

[* Reprinted as at 24 August 1988.

For subsequent amendments see 1993 Index to

Legislation of Western Australia, Table 1, pp. 54-5.]

Section 44 amended

7. Section 44 of the principal Act is amended —

(a) in subsection (2) by deleting paragraph (e) and substituting the following paragraph —

it4

(e) shall be a recognized means of communication between its members and the Council.

(b)	in subsection (3) by deleting "the enrolled students" and substituting the following —

its members

"; and

(c)	by repealing subsections (5) and (6) and substituting the following subsections —

(5) Subject to the conditions and qualifications for membership prescribed by Statute any enrolled student may be a member of the Student Guild.

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(6) It is not compulsory for any enrolled student to be a member of the Student Guild.

(7) It is not compulsory for any enrolled student or person seeking enrolment as a student —

(a)	to make a subscription or pay any fee required by the Student Guild, either directly or indirectly, or to pay an amount in lieu of such a subscription or fee; or
(b)	to pay an amount required by the University for the provision of any amenity, facility or service which is not, or not directly related to, an educational course provided by the University,

unless that person has chosen to join the Student Guild or to make use of the amenity, facility or service.

(8) No academic benefit, right or privilege shall be denied to or withheld from any enrolled student by reason of that student not being a member of the Student Guild.

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Sections 45 and 46 added

8. After section 44 of the principal Act the following sections

are added —

University not to accept certain Commonwealth

grants

45. The University shall not —

(a)	accept payment of any amount of financial assistance from the Commonwealth granted to the University for the Student Guild as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the imposition of fees for the Student Guild or the collection of those fees;
(b)	accept payment of any amount referred to in paragraph (a) on condition that the University will pay that amount to the Student Guild or pay that amount to the Student Guild without undue delay;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (e) on condition that the University will pay that amount to the Student Guild or pay that amount to the Student Guild without undue delay.

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Student Guild not to accept certain

Commonwealth grants

46. The Student Guild shall not —

(a)	accept payment of any amount of financial assistance from the Commonwealth authorized to be paid to the Student Guild as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the acceptance by the University, or payment by the University to the Student Guild, of financial assistance from the Commonwealth;
(b)	accept payment of any amount referred to in paragraph (a) on condition that the Student Guild use that amount for the purposes of providing benefits to students or for purposes that further the objects of the Student Guild;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the Student Guild will use that amount for the purposes of providing benefits to students or for purposes that further the objects of the Student Guild.

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and Associations Act 1994

PART 4 — EDITH COWAN UNIVERSITY ACT 1984

Principal Act

9. In this Part the Edith Cowan University Act 1984* is

referred to as the principal Act.

[* Reprinted as at 16 May 1991.

For subsequent amendments see 1993 Index to

Legislation of Western Australia, Table 1, p. 64.1

Section 41 amended

10. Section 41 of the principal Act is amended —

(a)	by repealing subsection (3) and substituting the following subsection —

(3) The Student Guild shall be an organized association of enrolled students the primary function of which is to further the common interests of its members.

(b)	in subsection (4) by deleting "the recognized means of communication between the enrolled students" and substituting the following —

a recognized means of communication

between its members

and

(c)	by repealing subsections (5) and (6) and substituting the following subsections —

(5) Subject to the conditions and

qualifications for membership prescribed by

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Statute any enrolled student may be a member of the Student Guild.

(6) It is not compulsory for any enrolled student to be a member of the Student Guild.

(6a) It is not compulsory for any enrolled student or person seeking enrolment as a student —

(a)	to make a subscription or pay any fee required by the Student Guild, either directly or indirectly, or to pay an amount in lieu of such a subscription or fee; or
(b)	to pay an amount required by the University for the provision of any amenity, facility or service which is not, or not directly related to, an educational course provided by the University,

unless that person has chosen to join the Student Guild or to make use of the amenity, facility or service.

(6b) No academic benefit, right or privilege shall be denied to or withheld from any enrolled student by reason of that student not being a member of the Student Guild.

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Sections 41A and 41B inserted

11. After section 41 of the principal Act the following sections

are inserted —

University not to accept certain Commonwealth

grants

41A. The University shall not —

(a)	accept payment of any amount of financial assistance from the Commonwealth granted to the University for the Student Guild as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the imposition of fees for the Student Guild or the collection of those fees;
(b)	accept payment of any amount referred to in paragraph. (a) on condition that the University will pay that amount to the Student Guild or pay that amount to the Student Guild without undue delay;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the University will pay that amount to the Student Guild or pay that amount to the Student Guild without undue delay.

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Student Guild not to accept certain

Commonwealth grants

4113. The Student Guild shall not —

(a)	accept payment of any amount of financial assistance from the Commonwealth authorized to be paid to the Student Guild as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the acceptance by the University, or payment by the University to the Student Guild, of financial assistance from the Commonwealth;
(b)	accept payment of any amount referred to in paragraph (a) on condition that the Student Guild use that amount for the purposes of providing benefits to students or for purposes that further the objects of the Student Guild;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the Student Guild will use that amount for the purposes of providing benefits to students or for purposes that further the objects of the Student Guild.

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PART 5 — MURDOCH UNIVERSITY ACT 1973

Principal Act

12. In this Part the Murdoch University Act 1973* is referred

to as the principal Act.

[* Act No. 20 of 1973.

For subsequent amendments see 1993 Index to

Legislation of Western Australia, Table 1, p. 144.]

Section 20 amended

13. Section 20 of the principal Act is amended —

(a)	by repealing subsection (2) and substituting the following subsection —

(2) The Guild shall be an organized association of students for the furthering of the common interests of its members, and shall be a recognized means of communication between its members and the Senate.

));

and

(b)

by repealing subsections (2a) and (2b) and substituting a

(2a)

Subject to the conditions and qualifications for membership prescribed by Statute any student may be a member of the Guild.

(2b)

It is not compulsory for any student to be a member of the Guild.

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(2c) It is not compulsory for any student or person seeking enrolment as a student —

(a)	to make a subscription or pay any fee required by the Guild, either directly or indirectly, or to pay an amount in lieu of such a subscription or fee; or
(b)	to pay an amount required by the University for the provision of any amenity, facility or service which is not, or not directly related to, an educational course provided by the University,

unless that person has chosen to join the Guild or to make use of the amenity, facility or service.

(2d) No academic benefit, right or privilege shall be denied to or withheld from any student by reason of that student not being a member of the Guild.

Sections 20A and 20B inserted

14. After section 20 of the principal Act the following sections

are inserted —

University not to accept certain Commonwealth

grants

20A. The University shall not

(a) accept payment of any amount of financial

assistance from the Commonwealth granted

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to the University for the Guild as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the imposition of fees for the Guild or the collection of those fees;

(b)	accept payment of any amount referred to in paragraph (a) on condition that the University will pay that amount to the Guild or pay that amount to the Guild without undue delay;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the University will pay that amount to the Guild or pay that amount to the Guild without undue delay.

Guild not to accept certain Commonwealth

grants

20B. The Guild shall not —

(a) accept payment of any amount of financial assistance from the Commonwealth authorized to be paid to the Guild as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the acceptance by the University, or payment by the University to the Guild, of financial assistance from the Commonwealth;

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(b)	accept payment of any amount referred to in paragraph (a) on condition that the Guild use that amount for the purposes of providing benefits to students or for purposes that further the objects of the Guild;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the Guild will use that amount for the purposes of providing benefits to students or for purposes that further the objects of the Guild.

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and Associations Act 1994

PART 6 — UNIVERSITY OF NOTRE DAME AUSTRALIA

ACT 1989

Part 8 added

15. After Part 7 of the University of Notre Dame Australia

Act 1989* the following Part is added —

PART 8 — STUDENT ASSOCIATIONS

Interpretation of Part

31. In this Part, unless the contrary intention

appears —

"student association" includes any association, society, or other body, whether corporate or unincorporate representing the interests of students, or any group of students;

"student" means a person enrolled at the

University.

Membership of student associations to be

voluntary

32. (1) It is not compulsory for any student to be a member of a student association.

(2) It is not compulsory for any student or person seeking enrolment as a student to make a subscription or pay any fee required by a student association, either directly or indirectly, or to pay an amount in lieu of such a subscription or fee, unless that person has chosen to join the student association.

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(3) No academic benefit, right or privilege shall be denied to or withheld from any student by reason of that student not being a member of a student association.

University not to accept certain Commonwealth

grants

33. The University shall not —

(a)	accept payment of any amount of financial assistance from the Commonwealth granted to the University for a student association as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the imposition of fees for a student association or the collection of those fees;
(b)	accept payment of any amount referred to in paragraph (a) on condition that the University will pay that amount to the student association or pay that amount to the student association without undue delay;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the University will pay that amount to the student association or pay that amount to the student association without undue delay.

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Student association not to accept certain

Commonwealth grants

34. A student association shall not —

(a)	accept payment of any amount of financial assistance from the Commonwealth authorized to be paid to the student association as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the acceptance by the University, or payment by the University to a student association, of financial assistance from the Commonwealth;
(b)	accept payment of any amount referred to in paragraph (a) on condition that the student association use that amount for the purposes of providing benefits to students or for purposes that further the objects of the student association;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the student association will use that amount for the purposes of providing benefits to students or for purposes that further the objects of the student association.

rit Act No. 49 of 1989.1

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PART 7 — UNIVERSITY OF WESTERN AUSTRALIA

ACT 1911

Principal Act

16. In this Part the University of Western Australia Act 1911*

is referred to as the principal Act.

[* Reprinted as at 31 March 1993.

For subsequent amendments see 1993 Index to

Legislation of Western Australia, Table 1, pp. 218-9.]

Section 28 amended

17. Section 28 of the principal Act is amended —

(a) by repealing subsections (2) and (2a) and substituting

the following subsections —

(2) Subject to the conditions and qualifications for membership prescribed by Statute any student may be a member of the Guild.

It is not compulsory for any student to be a member of the Guild.

(2a)

It is not compulsory for any

student or person seeking enrolment as a

student —

(2b)

(a)	to make a subscription or pay any fee required by the Guild, either directly or indirectly, or to pay an amount in lieu of such a subscription or fee; or
(b)	to pay an amount required by the University for the provision

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of any amenity, facility or service which is not, or not directly related to, an educational course provided by the University,

unless that person has chosen to join the Guild or to make use of the amenity, facility or service.

(2c) No academic benefit, right or privilege shall be denied to or withheld from any student by reason of that student not being a member of the Guild.

>Y.

and

(b) in subsection (3) —

(i) by deleting "organized association of the students" and substituting the following —

organized association of students

"; and

(ii) by deleting "between the students" and substituting the following —

a	between its members

Sections 28A and 28B inserted

18. After section 28 of the principal Act the following sections

are inserted —

University not to accept certain Commonwealth

grants

28A. The University shall not

(a) accept payment of any amount of financial

assistance from the Commonwealth granted

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(b)	accept payment of any amount referred to in paragraph (a) on condition that the University will pay that amount to the Guild or pay that amount to the Guild without undue delay;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the University will pay that amount to the Guild or pay that amount to the Guild without undue delay.

Guild not to accept certain Commonwealth

grants

28B. The Guild shall not —

(a) accept payment of, or use, any amount of financial assistance from the Commonwealth authorized to be paid to the Guild as a result of the State taking or refusing or failing to reverse, action having the effect, directly or indirectly, of preventing or hindering the acceptance by the University, or payment by the University to the Guild, of financial assistance from the Commonwealth;

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(b)	accept payment of any amount referred to in paragraph (a) on condition that the Guild use that amount for the purposes of providing benefits to students or for purposes that further the objects of the Guild;
(c)	accept payment of any advance on account of any amount referred to in paragraph (a) that is expected to become payable; or
(d)	accept payment of an advance referred to in paragraph (c) on condition that the Guild will use that amount for the purposes of providing benefits to students or for purposes that further the objects of the Guild.