Board of The Faculties Statute (Repeal) Statute 2004

Overview

The Australian National University Board of the Faculties Statute (Repeal) Statute 2004 was enacted to repeal the statutory arrangements for the operation of the Board of The Faculties at the Australian National University, aligning with amendments made to the Australian National University Act 1991 in 2003. The primary purpose of this statute is to formalise the removal of references to the Board of The Faculties from the Act, thereby ensuring that the legislative framework reflects the current administrative structure of the university. This repeal was initiated by the Council of the University, acting on the recommendation of the Academic Board, and was implemented through the Australian National University Act 1991, section 50. The policy objective behind this repeal was to streamline the governance structure of the university and remove outdated or redundant components.

Scope and Application

The Australian National University Board of the Faculties Statute (Repeal) Statute 2004 serves to repeal the statutory arrangements for the operation of the Board of The Faculties as established under the Australian National University Act 1991. This repeal follows amendments to the Act in 2003, which removed references to the Board, thereby eliminating its formal legislative foundation. The statute applies to the Board of The Faculties as an entity within the Australian National University, specifically addressing the legal framework that once governed its establishment and operation. Geographically, the statute pertains to the Australian Capital Territory where the university is located, and it operates within the Commonwealth jurisdiction. The statute does not explicitly mention any exclusions, exemptions, or thresholds in its application, focusing solely on the formal abolition of the Board’s statutory role. Additionally, while the statute itself is the primary instrument, its application may be extended or clarified through subordinate instruments, such as regulations or further legislative amendments.

Key Provisions

The main operative sections of the Australian National University Board of the Faculties Statute (Repeal) Statute 2004 (F2005L00160) pertain to the repeal of statutory arrangements for the Board of The Faculties within the Australian National University Act 1991 (section 2). This Statute effectively removes references to the Board of The Faculties from the Act, thereby formalising the decision to abolish the Board's statutory role. The purpose of this Statute is to align the legislative framework with the operational changes implemented in 2003, when the Board's references were removed from the Act (section 2). The obligations and requirements imposed by this Statute primarily revolve around the formal abolition of the Board of The Faculties' statutory arrangements. This means that any functions, powers, and duties previously assigned to the Board are no longer recognised under the Australian National University Act 1991. The decision to abolish the Board was made by the Council of the University on 15 August 2003, following a recommendation from the Academic Board (section 4). This legislative change ensures that the university's governance structure is updated to reflect the operational realities and governance reforms implemented over time. Regarding offences, penalties, or consequences for breach, the Statute itself does not explicitly outline specific penalties for failing to comply with the repeal of the Board of The Faculties. However, any failure to adhere to the updated governance structure and statutory requirements could potentially lead to legal challenges or disputes regarding the university's internal governance. It is important to note that while the Statute itself does not impose specific penalties, the broader framework of the Australian National University Act 1991 and associated regulations might provide for sanctions in case of non-compliance with governance mandates. The maximum penalties for breaches of the Australian National University Act 1991 are not specified in this Statute but would typically fall under the general legislative framework governing the operation and administration of the university. This might include administrative actions, financial penalties, or other corrective measures as prescribed by the broader legislative provisions governing the Australian National University. The repeal of the Board of The Faculties aims to streamline the university's governance and ensure that its operations are aligned with current organisational needs and legislative requirements.