AUSTRALIAN NATIONAL UNIVERSITY (No. 2).
No. 56 of 1947.
An Act to amend the Australian National University Act 1946, as amended by the Australian National University Act 1947.
[Assented to 25th November, 1947.]
[Date of Commencement, 23rd December, 1947.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows :—
Short title and citation.
1.—(1.) This Act may be cited as the Australian National University Act (No. 2) 1947.
(2.) Section one of the Australian National University Act 1947* is amended by omitting sub-section (2.).
(3.) The Australian National University Act 1946†, as amended by the Australian National University Act 1947, is in this Act referred to as the Principal Act.
(4.) The Principal Act, as amended by this Act, may be cited as the Australian National University Act 1946-1947.
Interim Council.
2. Section twelve of the Principal Act is amended by omitting from sub-section (2.) the words “, or until the thirty-first day of December, One thousand nine hundred and forty-seven, whichever, is the earlier”.
Overview
The Australian National University Act (No. 2) 1947 was enacted to amend the Australian National University Act 1946, as previously amended by the Australian National University Act 1947. This Act was introduced to make further adjustments to the governance structure of the Australian National University (ANU), specifically concerning the duration of the interim council's tenure. Enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the legislation aimed to streamline the administrative transition of the university by extending the operational period of the interim council beyond its initially specified end date. The amendments reflect a policy objective to ensure the ANU’s governance is stable and well-structured as it continues to develop and grow.
This Act, which received assent on 25th November 1947 and commenced on 23rd December 1947, provides a clear legislative framework to support the ANU’s governance during a critical period of its establishment. By amending the Principal Act, it ensures that the university can maintain operational continuity and stability while it solidifies its institutional foundations.
Scope and Application
The Australian National University Act (No. 2) 1947 amends the Australian National University Act 1946, as previously amended by the Australian National University Act 1947. This Act is applicable to the Australian National University, a Commonwealth institution, and its governance structure. Specifically, it modifies the provisions concerning the Interim Council by removing a time limitation that was previously set for its existence. The changes introduced by this Act extend to the administrative and governance framework of the university, ensuring that the Council's composition and functions are aligned with the ongoing needs of the institution. Geographically, the Act's application is limited to the Commonwealth level, affecting only the Australian National University within the national jurisdiction. The Act does not explicitly state any exclusions, exemptions, or thresholds, and it does not extend its application through subordinate instruments. Instead, it directly amends the Principal Act to reflect the updated governance structure of the university.
Key Provisions
The Australian National University Act (No. 2) 1947 amends the Australian National University Act 1946 and makes specific changes to the governance structure of the Australian National University (ANU). The key operative sections of this Act involve the amendment of the Principal Act’s interim council provisions. Section 12 of the Principal Act is amended to remove a specific time limit for the interim council’s tenure, allowing it to continue its duties without a set end date. This alteration ensures the interim council can operate with flexibility until a permanent council is established (Section 2).
The obligations imposed by this Act primarily concern the interim council’s responsibilities. The council is now permitted to continue its governance functions beyond the previously stipulated date, ensuring continuity and stability in the administration of the university. This amendment reflects a legislative intent to provide the interim council with the necessary time to complete its tasks effectively and without undue haste (Section 12).
Regarding potential breaches or failures to comply with the provisions of the Act, there are no specific offences, penalties, or consequences outlined within the Act itself. The Act focuses more on procedural adjustments rather than punitive measures, which implies that any breaches would likely be addressed under the general legal framework governing administrative bodies or through other relevant legislation. The absence of specific penalties in this Act suggests that any non-compliance would be subject to broader legal consequences as per applicable laws (Section 2).
In summary, the Australian National University Act (No. 2) 1947 primarily serves to extend the tenure of the interim council, thereby allowing for a more seamless transition to permanent governance structures. The Act imposes clear obligations on the interim council to maintain effective administration, but it does not introduce specific penalties for non-compliance, indicating that broader legal mechanisms would apply in such cases. This legislative approach underscores a focus on procedural continuity and adaptability within the university’s governance framework.