Australian National University Amendment Act (No. 2) 1981
No. 166 of 1981
An Act to amend the Australian National University Act 1946
[Assented to 26 November 1981]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Australian National University Amendment Act (No. 2) 1981.
(2) The Australian National University Act 19461 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Constitution of Council
3. Section 11 of the Principal Act is amended by omitting paragraphs (1) (k) and (l) and substituting the following paragraphs:
“(k) a student of the University elected from among their number by the students of the University who are enrolled for study for degrees other than degrees of Bachelor or for the degree of Bachelor of Letters or who, not being so enrolled, are not included among students to whom paragraph (l) applies;
“(1) 2 students of the University elected from among their number by the students of the University who are enrolled for study for degrees of
Bachelor (other than the degree of Bachelor of Letters) or who, not being enrolled for degrees of Bachelor, are students declared by the Statutes to be students to whom this paragraph applies;”.
Statutes
4. Section 27 of the Principal Act is amended by omitting paragraph (1) (m) and substituting the following paragraphs:
“(m) The admission of persons who are undertaking or have undertaken studies at another institution to any corresponding status or of persons who hold degrees, diplomas or other awards granted by other institutions to any corresponding degree, diploma or other award without examination;
“(ma) The exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course, whether or not on condition that other work be undertaken in the place of the work the subject of the exemption;”.
NOTE
1. No. 22, 1946, as amended. For previous amendments, see Nos. 21 and 56, 1947; No. 3, 1960; No. 9, 1963; No. 108, 1965; No. 93, 1966; No. 65, 1967; No. 1, 1971; No. 96, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 94, 1975; No. 36, 1978; No. 190, 1979; and No. 106, 1981.
Overview
The Australian National University Amendment Act (No. 2) 1981 was enacted to make amendments to the Australian National University Act 1946. This legislation was introduced by the Queen, in concurrence with the Senate and the House of Representatives of the Commonwealth of Australia, aiming to address specific deficiencies and update certain provisions within the existing governance structure of the Australian National University. The Act came into operation on the day it received Royal Assent. Amendments to the Principal Act primarily focused on altering the composition of the University Council, including the election of student representatives, and modifying provisions related to admissions and exemptions for students undertaking various academic programs. These changes were intended to reflect evolving educational standards and practices, ensuring the University’s governance remained aligned with contemporary requirements.
Scope and Application
The Australian National University Amendment Act (No. 2) 1981 amends the Australian National University Act 1946, impacting the governance and administrative structure of the Australian National University. This Act applies to the institution itself, its Council, and the students of the University, particularly those enrolled in specific degree programs. Geographically, the Act pertains to the Commonwealth of Australia, thereby establishing a national scope of application. The Act specifies changes to the constitution of the Council, altering the composition and election process of student representatives, which affects the internal governance of the University. Additionally, the Act modifies the University’s statutes concerning student admissions and course requirements, thereby regulating academic standards and practices within the institution. The legislation does not explicitly state any exclusions or thresholds, implying that the provisions apply broadly within the University’s jurisdiction. Furthermore, the Act may extend its application through subordinate instruments, which would detail specific rules and regulations derived from the amendments made.
Key Provisions
The Australian National University Amendment Act (No. 2) 1981 amends the Australian National University Act 1946 to make several significant changes. Most notably, it modifies the composition of the Council of the University (section 3). The Act removes the requirement for certain students to be represented on the Council and instead allows for the election of students who are enrolled for degrees other than the Bachelor of Letters. It also clarifies that students enrolled for a Bachelor's degree, excluding the Bachelor of Letters, may be elected to the Council. Additionally, the Act revises the University's Statutes (section 4) to permit the admission of students from other institutions to a corresponding status without examination, and it allows for the exemption of students from certain course requirements, contingent on alternative work being completed.
Under the amended Act, the Council of the Australian National University must ensure that its composition reflects the changes outlined in section 3. This includes the election of students who meet the specified criteria for representation. The University must also update its Statutes to incorporate the provisions in section 4, which provide flexibility in admitting students from other institutions and in exempting students from specific course requirements. These changes necessitate administrative adjustments to align the Council's structure and the University's academic policies with the legislative updates.
Failure to comply with the provisions of this Act may result in legal consequences. While the Act does not explicitly state penalties for non-compliance, breaches of the amended provisions could potentially lead to legal challenges or administrative actions against the University. The University must ensure that its practices and policies are in line with the new legislative requirements to avoid any adverse legal outcomes. Additionally, the University must document and maintain records of student elections and admissions to demonstrate compliance with the amended provisions, thereby mitigating any risks associated with non-compliance.
The Australian National University Amendment Act (No. 2) 1981 establishes new requirements for the University's Council composition and academic policies. It mandates the University to elect students according to the specified criteria and to revise its Statutes to allow for the admission of students from other institutions and exemptions from certain course requirements. While the Act does not specify penalties for non-compliance, adherence to the legislative changes is crucial to avoid potential legal repercussions. The University must implement these changes effectively to ensure compliance and maintain its academic standards.