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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Universities Legislation Amendment Bill 2016
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Curtin University of
Technology Act 1966 amended
3. Act amended 3
4. Long title amended 3
5. Part IA heading replaced 3
Part 1 -- Preliminary
6. Section 1 amended 3
7. Section 4 amended 3
8. Part I heading replaced 5
Part 2 -- Curtin University
9. Section 5 amended 5
10. Section 7 amended 6
11. Section 8 amended 7
12. Section 9 amended 7
13. Section 9AA inserted 9
9AA. Nominations Committee 9
14. Section 9A replaced 11
9A. Term of office of members 11
15. Section 10 amended 12
16. Section 10AA amended 13
17. Section 10A replaced 13
10A. Casual vacancies 13
18. Section 11 amended 13
19. Section 14A inserted 14
14A. Remuneration and allowances for Council
members 14
172--1 page i
Universities Legislation Amendment Bill 2016
Contents
20. Sections 14 and 15 replaced 14
14. Vice-Chancellor 14
15. Delegation by Council 15
21. Section 17 amended 16
22. Section 17A replaced 16
17A. Power of University to provide residential
accommodation for staff and students 16
23. Section 20 amended 17
24. Section 20A amended 17
25. Section 21 amended 19
26. Part I Division 2A deleted 20
27. Section 21H amended 20
28. Section 21I replaced 20
21I. Kalgoorlie Campus 20
29. Section 21J amended 21
30. Sections 21L and 21M replaced 21
21L. Functions of Kalgoorlie Campus Council 21
21M. Membership of Kalgoorlie Campus
Council 22
31. Sections 21O and 21P replaced 23
21PA. Remuneration and allowances for
Kalgoorlie Campus Council members 23
21P. Delegation by Kalgoorlie Campus Council 24
32. Part I Division 2C inserted 24
Division 2C -- Leasing University land for
commercial purposes
Subdivision 1 -- Preliminary
22A. Terms used 24
22B. Object of this Division 26
22C. Effect of Division on University functions,
powers and obligations 26
Subdivision 2 -- Power to lease University land for
commercial purposes
22D. University may lease University land for
commercial purposes with Ministerial
approval 27
22E. Effect of approval to lease University land 28
22F. Approval in principle of university
development proposal 28
22G. Application for advance determination of
approval 29
22H. Advance determination of approval 31
22I. Approvals 32
22J. Notification of decision on application for
approval 33
22K. Alteration of approval 33
page ii
Universities Legislation Amendment Bill 2016
Contents
22L. Payment agreements 34
22M. Minister may delegate functions under this
Division 34
33. Section 23 amended 35
34. Section 24 replaced 36
24. Borrowing and other ways of raising
money 36
25A. Notice of borrowing 37
25B. Guarantees 37
25C. Charges for guarantee 38
35. Section 25 amended 38
36. Section 27 amended 38
37. Section 28 deleted 39
38. Section 33 replaced 39
33. Exemption from rate or tax 39
34A. Regulations 39
39. Section 34 amended 40
40. Section 35 replaced 41
35. Approval, publication, disallowance and
proof of Statutes 41
36A. Statutes to be made readily available to
public 42
41. Part II heading replaced 43
Part 3 -- Student Guild
42. Section 45 replaced 43
45. Amenities and services fee 43
43. Section 46 amended 44
44. Part 4 inserted 44
Part 4 -- Transitional provisions for Universities
Legislation Amendment Act 2016
47. Terms used 44
48. Transitional provisions (change of name) 45
49. Transitional provisions (Council) 46
50. Transitional provisions (Kalgoorlie
Campus Council) 47
51. Transitional provisions (Vice-Chancellor) 48
52. Transitional provisions (guarantees) 48
53. Transitional provisions (Statutes) 48
45. Schedule 1A clause 5 deleted 49
46. Schedule 1A clause 6 amended 49
47. Schedule 2 clauses 2 to 4 replaced 49
2. Term of office 49
3. Casual vacancies 50
4. Vacation of office 50
page iii
Universities Legislation Amendment Bill 2016
Contents
Part 3 -- Edith Cowan University
Act 1984 amended
48. Act amended 52
49. Long title amended 52
50. Section 3 amended 52
51. Part II heading amended 53
52. Section 4 amended 53
53. Section 5 amended 54
54. Section 7 replaced 54
7. Functions of the University 54
55. Section 9 amended 56
56. Section 10 replaced 58
9A. Nominations Committee 58
10. Term of office 59
57. Section 11 replaced 61
11. Vacation of office 61
58. Section 11A amended 62
59. Section 11B inserted 62
11B. Casual vacancies 62
60. Section 12 amended 62
61. Section 15A inserted 63
15A. Remuneration and allowances for Council
members 63
62. Section 15 amended 63
63. Section 17 amended 64
64. Section 20 amended 64
65. Section 24 amended 65
66. Sections 25 and 25A inserted 65
25. Advisory Board of Academy 65
25A. Remuneration and allowances for
Advisory Board members 66
67. Section 26 amended 67
68. Section 27 replaced 69
27. Approval, publication, disallowance and
proof of Statutes 69
28A. Statutes to be made readily available to
public 70
69. Part VI Division 1 heading inserted 70
Division 1 -- Vesting of land in University and
by-laws applicable to University lands
70. Section 28 amended 70
71. Section 29 amended 71
page iv
Universities Legislation Amendment Bill 2016
Contents
72. Part VI Division 2 inserted 74
Division 2 -- Leasing University land for commercial
purposes
Subdivision 1 -- Preliminary
30A. Terms used 74
30B. Object of this Division 75
30C. Effect of Division on University functions,
powers and obligations 75
Subdivision 2 -- Power to lease University land for
commercial purposes
30D. University may lease University land for
commercial purposes with Ministerial
approval 76
30E. Effect of approval to lease University land 77
30F. Approval in principle of university
development proposal 78
30G. Application for advance determination of
approval 79
30H. Advance determination of approval 80
30I. Approvals 81
30J. Notification of decision on application for
approval 82
30K. Alteration of approval 83
30L. Payment agreements 83
30M. Minister may delegate functions under this
Division 84
73. Section 30 replaced 85
30. Vice-Chancellor 85
74. Section 31 amended 86
75. Section 36 amended 86
76. Section 37 replaced 86
37. Borrowing and other ways of raising
money 86
37A. Notice of borrowing 87
37B. Guarantees 88
37C. Charges for guarantee 89
77. Section 38B amended 89
78. Section 41 amended 89
79. Section 41A replaced 89
41A. Amenities and services fee 89
80. Section 41B amended 91
81. Section 42 amended 91
82. Sections 43 and 44 replaced 91
43. Exemption from rate or tax 91
44A. Regulations 92
83. Part XI Division 1 heading inserted 92
page v
Universities Legislation Amendment Bill 2016
Contents
Division 1 -- General
84. Sections 45 and 46 deleted 92
85. Section 52 deleted 92
86. Part XI Division 2 inserted 93
Division 2 -- Transitional provisions for Universities
Legislation Amendment Act 2016
54. Term used: commencement day 93
55. Transitional provisions (Council) 93
56. Transitional provisions (Deputy
Chancellor) 94
57. Transitional provisions (Vice-Chancellor) 95
58. Transitional provisions (Advisory Board of
the Academy) 95
59. Transitional provisions (Statutes) 96
60. Transitional provisions (guarantees) 97
61. Transitional provisions (amenities and
services fee) 97
87. Schedule 1 clause 5 deleted 97
88. Schedule 1 clause 6 amended 98
Part 4 -- Murdoch University
Act 1973 amended
89. Act amended 99
90. Part 1 heading inserted 99
Part 1 -- Preliminary
91. Section 3 amended 99
92. Part 2 heading inserted 100
Part 2 -- Murdoch University
93. Sections 6 and 7 replaced 100
6. Functions of University 100
8A. Power of University to provide residential
accommodation for staff and students 102
94. Part 3 heading inserted 102
Part 3 -- Constitution of University
95. Section 8 amended 103
96. Section 9 replaced 103
9. Visitor 103
97. Section 10 amended 103
98. Section 11 amended 104
99. Section 12 amended 105
100. Section 14 replaced 106
13. Nominations Committee 106
page vi
Universities Legislation Amendment Bill 2016
Contents
14. Term of office of members 108
101. Section 15 amended 109
102. Section 15A amended 110
103. Section 16 replaced 110
16. Casual vacancies 110
104. Section 17 amended 111
105. Section 18 replaced 111
18. Delegation by Senate 111
106. Section 19 replaced 112
19A. Remuneration and allowances for Senate
members 112
107. Section 20 amended 112
108. Section 20A replaced 112
20A. Amenities and services fee 112
109. Section 20B amended 113
110. Section 22 amended 114
111. Section 23 amended 115
112. Part 4 heading inserted 115
Part 4 -- By-laws, Statutes and regulations
113. Section 24 amended 116
114. Section 25 amended 118
115. Sections 26A and 26B inserted 119
26A. Approval, publication, disallowance and
proof of Statutes and by-laws 119
26B. Statutes and by-laws to be made readily
available to public 120
116. Section 26 amended 121
117. Section 27 replaced 121
28A. Regulations made by Governor 121
118. Part 5 heading and Part 5 Division 1 heading
inserted 122
Part 5 -- University lands and financial provisions
Division 1 -- Vesting of lands in University
119. Part 5 Division 2 heading inserted 122
Division 2 -- Financial provisions and dealings in
land
120. Section 29 amended 122
121. Section 30A inserted 123
30A. Exemption from rate or tax 123
122. Section 31 amended 123
123. Section 32 replaced 124
page vii
Universities Legislation Amendment Bill 2016
Contents
32A. Borrowing and other ways of raising
money 124
32B. Notice of borrowing 125
32C. Guarantees 125
32D. Charges for guarantee 126
Division 3 -- Leasing University land for commercial
purposes
Subdivision 1 -- Preliminary
32E. Terms used 127
32F. Object of this Division 128
32G. Effect of Division on University functions,
powers and obligations 128
Subdivision 2 -- Power to lease University land for
commercial purposes
32H. University may lease University land for
commercial purposes with Ministerial
approval 129
32I. Effect of approval to lease University land 130
32J. Approval in principle of university
development proposal 131
32K. Application for advance determination of
approval 132
32L. Advance determination of approval 133
32M. Approvals 134
32N. Notification of decision on application for
approval 135
32O. Alteration of approval 136
32P. Payment agreements 136
32Q. Minister may delegate functions under this
Division 137
Division 4 -- Miscellaneous
124. Section 33 amended 138
125. Part 6 inserted 138
Part 6 -- Validation and transitional provisions
Division 1 -- Validations
35. Certain leases of University land validated 138
Division 2 -- Transitional provisions for Universities
Legislation Amendment Act 2016
36. Term used: commencement day 142
37. Transitional provisions (Senate) 142
38. Transitional provisions (guarantees) 143
39. Transitional provisions (Statutes and
by-laws) 143
126. Schedule 1 clause 5 deleted 143
127. Schedule 1 clause 6 amended 144
page viii
Universities Legislation Amendment Bill 2016
Contents
Part 5 -- University of Notre Dame
Australia Act 1989 amended
128. Act amended 145
129. Section 15C amended 145
130. Section 25 amended 145
Part 6 -- University of Western
Australia Act 1911 amended
131. Act amended 146
132. Section 2 replaced 146
2. Terms used 146
133. Section 4 replaced 147
4. University to consist of Senate,
Convocation, staff and students 147
134. Section 7 amended 147
135. Section 8 amended 148
136. Section 9 replaced 149
9A. Nominations Committee 149
9. Terms of members 150
137. Section 11 replaced 151
11. People disqualified from being Chancellor,
Pro-Chancellor or Senate member 151
138. Section 11A amended 152
139. Section 11B inserted 152
11B. Remuneration and allowances for Senate
members 152
140. Section 12 amended 153
141. Section 12A amended 153
142. Section 13 amended 154
143. Section 15 replaced 154
15. Leasing University lands 154
144. Section 15A amended 155
145. Section 15B replaced 155
15B. Borrowing and other ways of raising
money 155
15C. Notice of borrowing 156
15D. Guarantees 157
15E. Charges for guarantee 158
15F. Power of University to provide residential
accommodation for staff and students 158
146. Section 16AA inserted 158
16AA. Authorised persons 158
147. Section 16A amended 160
page ix
Universities Legislation Amendment Bill 2016
Contents
148. Sections 16B and 16C replaced 161
16B. Approval, publication, disallowance and
proof of by-laws 161
16C. Penalties 162
16D. By-laws to be made readily available to
public 162
149. Section 16E amended 163
150. Section 16F amended 163
151. Section 16G inserted 164
16G. Delegation by Senate 164
152. Section 17 amended 165
153. Section 18A inserted 165
18A. Functions of Convocation 165
154. Section 18 amended 165
155. Sections 19 to 23 replaced 166
19. Resignation 166
20. Vacation of Senate office 166
22. Casual vacancies 166
23. Reappointment 166
156. Section 24 replaced 167
23A. Chair of Senate 167
24. Chair of Convocation 167
157. Section 27 amended 167
158. Part 5 heading replaced 168
Part 5 -- Student Guild
159. Section 28 amended 168
160. Section 28A replaced 170
28A. Amenities and services fee 170
161. Section 28B amended 171
162. Section 29 replaced 171
29. Courses of study and degrees 171
163. Section 30 amended 172
164. Section 31 amended 172
165. Section 33 replaced 174
33. Approval, publication, disallowance and
proof of Statutes 174
34A. Statutes to be made readily available to
public 175
166. Section 34 amended 176
167. Section 35 amended 176
168. Section 36 amended 177
169. Section 37 deleted 177
170. Sections 39 and 40 deleted 177
page x
Universities Legislation Amendment Bill 2016
Contents
171. Section 42 deleted 177
172. Part 10 inserted 178
Part 10 -- Transitional provisions for Universities
Legislation Amendment Act 2016
43. Term used: commencement day 178
44. Transitional provisions (Senate) 178
45. Transitional provisions (Chancellor and
Pro-Chancellor) 179
46. Transitional provisions (guarantees) 180
47. Transitional provisions (by-laws) 180
48. Transitional provisions (Statutes) 181
173. Schedule 1 clause 5 deleted 181
174. Schedule 1 clause 6 amended 182
Part 7 -- Amendments to and repeal
of other Acts
Division 1 -- Acts repealed
175. Murdoch University Planning Board Act 1970
repealed 183
176. Reserves (University Lands) Act 1972 repealed 183
Division 2 -- Animal Resources Authority
Act 1981 amended
177. Act amended 183
178. Section 5 amended 183
179. Section 17 amended 183
Division 3 -- Financial Management Act 2006
amended
180. Act amended 183
181. Schedule 1 amended 184
Division 4 -- Industrial Relations Act 1979
amended
182. Act amended 184
183. Section 7 amended 184
Division 5 -- Land Tax Assessment Act 2002
amended
184. Act amended 184
185. Section 33 amended 184
186. Section 44 deleted 185
page xi
Universities Legislation Amendment Bill 2016
Contents
Division 6 -- Oaths, Affidavits and Statutory
Declarations Act 2005 amended
187. Act amended 185
188. Schedule 2 amended 185
Division 7 -- Public Sector Management
Act 1994 amended
189. Act amended 185
190. Schedule 1 amended 185
Division 8 -- Salaries and Allowances Act 1975
amended
191. Act amended 186
192. Section 6 amended 186
193. Section 10 amended 187
Division 9 -- Sentencing Act 1995 amended
194. Act amended 187
195. Schedule 1 amended 187
Division 10 -- Superannuation and Family
Benefits Act 1938 amended
196. Act amended 187
197. Section 67 amended 188
page xii
Western Australia
LEGISLATIVE ASSEMBLY
Universities Legislation Amendment Bill 2016
A Bill for
An Act --
• to amend the following Acts --
the Curtin University of Technology Act 1966;
the Edith Cowan University Act 1984;
the Murdoch University Act 1973;
the University of Notre Dame Australia Act 1989;
the University of Western Australia Act 1911;
• to repeal the following Acts --
the Murdoch University Planning Board Act 1970;
the Reserves (University Lands) Act 1972;
• to make consequential amendments to other Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Universities Legislation Amendment Bill 2016
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Universities Legislation Amendment Act 2016.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 3
1 Part 2 -- Curtin University of Technology
2 Act 1966 amended
3 3. Act amended
4 This Part amends the Curtin University of Technology Act 1966.
5 4. Long title amended
6 In the long title delete "the Curtin University of Technology"
7 and insert:
8
9 Curtin University
10
11 5. Part IA heading replaced
12 Delete the heading to Part IA and insert:
13
14 Part 1 -- Preliminary
15
16 6. Section 1 amended
17 In section 1 delete "of Technology".
18 7. Section 4 amended
19 (1) In section 4(1) delete the definitions of:
20 Board
21 branch
22 University
page 3
Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 7
1 (2) In section 4(1) insert in alphabetical order:
2
3 residential accommodation --
4 (a) means any form of accommodation (including,
5 without limitation, a residential college, hostel,
6 hall of residence or form of independent
7 living); and
8 (b) includes facilities that are --
9 (i) ancillary to residential accommodation;
10 and
11 (ii) primarily for the use of staff of the
12 University, or enrolled students, or both;
13 University means Curtin University established under
14 this Act;
15 Vice-Chancellor means the Vice-Chancellor of the
16 University.
17
18 (3) In section 4(1) in the definition of casual vacancy delete "or a
19 member of a Board".
20 (4) In section 4(1) in the definition of prescribed delete "by-law
21 or".
22 (5) In section 4(2):
23 (a) delete "full-time" (each occurrence);
24 (b) delete "University or a branch," and insert:
25
26 University,
27
page 4
Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 8
1 8. Part I heading replaced
2 Delete the heading to Part I and insert:
3
4 Part 2 -- Curtin University
5
6 9. Section 5 amended
7 (1) Delete section 5(1) and (1a) and insert:
8
9 (1) There continues to be a body corporate, to be called
10 "Curtin University".
11 (2A) Curtin University is the same body corporate --
12 (a) that was established under this Act and
13 originally called the "Western Australian
14 Institute of Technology"; and
15 (b) that was renamed the "Curtin University of
16 Technology" by the amendments made to this
17 Act by the Western Australian Institute of
18 Technology Amendment Act 1986 section 5.
19
20 (2) In section 5(2):
21 (a) in paragraph (ea) delete "Governor; and" and insert:
22
23 Minister; and
24
25 (b) after paragraph (ea) insert:
26
27 (eb) may enter into business arrangements; and
28
29 Note: The heading to amended section 5 is to read:
30 Establishment of Curtin University
page 5
Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 10
1 10. Section 7 amended
2 (1) In section 7(1):
3 (a) delete paragraph (a) and insert:
4
5 (a) to provide courses of study appropriate to a
6 university, and other tertiary courses;
7
8 (b) delete paragraph (d) and insert:
9
10 (d) to undertake and support scholarship, pure and
11 applied research, invention, innovation,
12 education and consultancy, and to apply those
13 matters to the advancement and application of
14 knowledge --
15 (i) to the benefit of industry, business and
16 government; and
17 (ii) to the benefit and wellbeing of the
18 Western Australian, Australian and
19 international communities;
20 (ea) to commercially develop or commercially use,
21 for the University's benefit, any facility,
22 resource or property (real or personal) of the
23 University or in which the University has a
24 right or interest (including, for example, study,
25 research, knowledge and intellectual property
26 and the practical application of study, research,
27 knowledge and intellectual property), whether
28 alone or with others;
29 (eb) to generate revenue for the purpose of funding
30 the carrying out of its functions;
31
page 6
Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 11
1 (c) after paragraph (f) insert:
2
3 (ga) to serve the Western Australian, Australian and
4 international communities and the public
5 interest by --
6 (i) enriching cultural and community life;
7 and
8 (ii) raising public awareness of educational,
9 scientific and artistic developments; and
10 (iii) promoting critical and free enquiry,
11 informed intellectual discussion and
12 public debate within the University and
13 in the wider society;
14
15 (2) In section 7(1) after each of paragraphs (b), (c), (e) and (f)
16 delete:
17
18 and
19
20 11. Section 8 amended
21 In section 8 after "University" insert:
22
23 (including the Kalgoorlie Campus)
24
25 12. Section 9 amended
26 (1) Delete section 9(1) and insert:
27
28 (1) The Council consists of the following members --
29 (a) 3 persons appointed by the Governor on the
30 recommendation of the Minister;
page 7
Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 12
1 (b) the person for the time being holding the office
2 of Vice-Chancellor;
3 (c) one person who is a member of the academic
4 staff of the University and who is elected by the
5 academic staff of the University in the manner
6 prescribed by Statute;
7 (d) 2 persons who are enrolled students --
8 (i) one of whom is an undergraduate
9 student and who is elected by the
10 undergraduate students in the manner
11 prescribed by Statute; and
12 (ii) one of whom is a postgraduate student
13 and who is elected by the postgraduate
14 students in the manner prescribed by
15 Statute;
16 (e) one person who is a member of the
17 non-academic salaried staff of the University,
18 and who is elected by the non-academic
19 salaried staff of the University in the manner
20 prescribed by Statute;
21 (f) 2 persons who are graduates of the University
22 and who are elected by the graduates of the
23 University in the manner prescribed by Statute;
24 (g) the person who, not being a member of the
25 Council at the time of their appointment as
26 Chancellor, is appointed Chancellor under
27 section 11;
28 (h) not more than 5 persons appointed from time to
29 time by co-option by the Council, but a person
30 whose sole or principal employment is that of a
31 member of the staff of the University may not
32 be so appointed;
page 8
Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 13
1 (i) the person for the time being the chairperson of
2 the Academic Board of the University
3 established by Statute.
4 (2A) The fact that a person holds an elective office (for
5 example, an elective office of the Student Guild) does
6 not disqualify that person from being appointed or
7 holding office under subsection (1).
8
9 (2) Delete section 9(3).
10 13. Section 9AA inserted
11 After section 9 insert:
12
13 9AA. Nominations Committee
14 (1) The Council must establish and maintain a committee
15 of the Council called the Nominations Committee.
16 (2) The Nominations Committee is to consist of not more
17 than 6 members appointed by the Council.
18 (3) The following members are not eligible to be appointed
19 to the Nominations Committee --
20 (a) the Vice-Chancellor;
21 (b) the member referred to in section 9(1)(c);
22 (c) the members referred to in section 9(1)(d);
23 (d) the member referred to in section 9(1)(e);
24 (e) the members referred to in section 9(1)(f);
25 (f) the chairperson of the Academic Board of the
26 University.
page 9
Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 13
1 (4) The functions of the Nominations Committee are --
2 (a) to maintain lists of persons who are eligible and
3 willing to be appointed to any vacancy or
4 casual vacancy in the office of --
5 (i) any member of the Council who is
6 appointed by the Governor or the
7 Council; or
8 (ii) any member of the Kalgoorlie Campus
9 Council who is appointed by the
10 Minister or the Council;
11 (b) to recommend to the Minister suitable
12 candidates for appointment to a vacancy or
13 casual vacancy in the office of --
14 (i) any member of the Council who is
15 appointed under section 9(1)(a); or
16 (ii) any member of the Kalgoorlie Campus
17 Council who is appointed under
18 section 21M(1)(a), (b) or (c);
19 (c) to recommend to the Council suitable
20 candidates for appointment by co-option under
21 section 9(1)(h).
22 (5) The fact that the Nominations Committee or the
23 Council has not recommended a person for
24 appointment under section 9(1) or 21M(1) does not
25 prevent the person from being appointed or holding
26 office under section 9(1) or, as the case requires,
27 section 21M(1).
28 (6) The Nominations Committee may regulate its own
29 procedure, but it must comply with any direction given
30 by the Council.
31
page 10
Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 14
1 14. Section 9A replaced
2 Delete section 9A and insert:
3
4 9A. Term of office of members
5 (1) Subject to section 10 --
6 (a) a member appointed under section 9(1)(a) or
7 (h) holds office for a period of 3 years,
8 commencing on the day of their appointment,
9 unless a shorter term of office is specified
10 under subsection (4);
11 (b) a member elected under section 9(1)(c), (e) or
12 (f) holds office for a period of 3 years,
13 commencing on the day their election takes
14 effect, unless a shorter term of office is
15 specified under subsection (5);
16 (c) a member elected under section 9(1)(d) holds
17 office for a period of one year commencing on
18 the day their election takes effect, unless a
19 shorter term of office is specified under
20 subsection (5).
21 (2) An appointed (which includes co-opted) or elected
22 member, on the expiry of their term of office --
23 (a) may be again appointed or elected, if they
24 continue to be qualified under section 9; but
25 (b) on the expiry of a third successive term of
26 office (of whatever duration), they are not
27 eligible to hold office as a member until
28 12 months have elapsed after that expiry.
29 (3) However, a member elected under section 9(1)(d) may
30 be re-elected once, but only once, on the expiry of their
31 term of office, if they continue to be qualified under
32 section 9.
page 11
Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 15
1 (4) The Governor or the Council may, when appointing a
2 person as a member, specify a shorter term of office
3 where an appointment for a shorter term is desirable to
4 ensure that --
5 (a) the terms of office of members expire at
6 intervals that will produce reasonable
7 continuity of membership; or
8 (b) the terms of office expire on dates that afford
9 the convenience of uniformity.
10 (5) The Council may, before an election is held for the
11 purposes of section 9(1), specify that the election of a
12 person is for a shorter term of office where election for
13 a shorter term is desirable for a reason referred to in
14 subsection (4).
15
16 15. Section 10 amended
17 In section 10:
18 (a) delete paragraph (b) and insert:
19
20 (b) resigns their office by written notice given to
21 the Minister; or
22
23 (b) delete paragraph (g) and insert:
24
25 (g) ceases to hold the qualification required under
26 section 9 for being a member, and in
27 particular --
28 (i) in the case of a person elected under
29 section 9(1)(c), they cease to be a
30 member of the academic staff; or
31 (ii) in the case of a person elected under
32 section 9(1)(d), they cease to be an
33 enrolled student; or
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 16
1 (iii) in the case of a person elected under
2 section 9(1)(e), they cease to be a
3 member of the non-academic salaried
4 staff,
5
6 (c) delete "his office shall become vacant and shall" and
7 insert:
8
9 their office becomes vacant and must
10
11 16. Section 10AA amended
12 In section 10AA(3) delete "2/3" and insert:
13
14 two-thirds
15
16 17. Section 10A replaced
17 Delete section 10A and insert:
18
19 10A. Casual vacancies
20 If a casual vacancy occurs in the office of a member,
21 the vacancy is to be filled in the same manner as if that
22 member's term of office had expired.
23
24 18. Section 11 amended
25 In section 11(5) delete "4 members." and insert:
26
27 3 members.
28
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 19
1 19. Section 14A inserted
2 After section 13 insert:
3
4 14A. Remuneration and allowances for Council members
5 (1) A member of the Council is entitled to be paid the
6 remuneration (if any) and allowances (if any)
7 determined by the Salaries and Allowances Tribunal
8 under the Salaries and Allowances Act 1975.
9 (2) Any remuneration and allowances payable --
10 (a) are, for the purposes of section 23(3),
11 expenditure incurred by the Council for the
12 purposes of giving effect to this Act; and
13 (b) are to be paid out of the funds of the University.
14
15 20. Sections 14 and 15 replaced
16 Delete sections 14 and 15 and insert:
17
18 14. Vice-Chancellor
19 (1) The Council must appoint a Vice-Chancellor.
20 (2) The Vice-Chancellor is the chief executive officer of
21 the University.
22 (3) The Vice-Chancellor holds office for the period and on
23 the conditions the Council determines.
24 (4) The Vice-Chancellor has the powers and duties
25 prescribed by Statute and, unless otherwise expressly
26 provided by Statute, the Vice-Chancellor may delegate
27 any of those powers and duties to any person or
28 committee of persons.
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Curtin University of Technology Act 1966 amended Part 2
s. 20
1 (5) In addition to or instead of the title of Vice-Chancellor,
2 the Vice-Chancellor may use any other title that is --
3 (a) approved by the Council; or
4 (b) prescribed by Statute.
5 (6) The use by the Vice-Chancellor, in accordance with
6 subsection (5), of any title in addition to or instead of
7 the title of Vice-Chancellor does not affect the validity
8 of anything done or omitted to be done by, to or in
9 relation to the Vice-Chancellor.
10 15. Delegation by Council
11 (1) The Council may --
12 (a) in relation to any matter or class of matters, or
13 in relation to any activity or function of the
14 University, by resolution delegate all or any of
15 its powers, authorities, duties and functions
16 under this Act, except its powers in relation to
17 the making of Statutes or by-laws, to --
18 (i) any member; or
19 (ii) a committee, council or other body of
20 the University; or
21 (iii) any officer of the University;
22 and
23 (b) in relation to any matter or class of matters
24 affecting the Kalgoorlie Campus, or in relation
25 to any activity or function of the Kalgoorlie
26 Campus, by resolution delegate all or any of its
27 powers, authorities, duties and functions under
28 this Act, except its powers in relation to the
29 making of Statutes or by-laws, to the
30 Kalgoorlie Campus Council.
31 (2) The Council may by resolution revoke a delegation
32 given under this section.
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 21
1 (3) A resolution delegating a power, authority, duty or
2 function may authorise the delegate to further delegate
3 the delegated power, authority, duty or function to a
4 person or body.
5 (4) A subdelegation under this section must be in writing.
6 (5) The Interpretation Act 1984 sections 58 and 59 apply
7 to and in relation to a subdelegation under this section
8 in the same way that they apply to and in relation to a
9 delegation given under this section.
10
11 21. Section 17 amended
12 In section 17 delete "Act and any award or agreement in force
13 under the Industrial Arbitration Act 1912," and insert:
14
15 Act, any relevant written law and any relevant industrial award
16 or industrial agreement,
17
18 22. Section 17A replaced
19 Delete section 17A and insert:
20
21 17A. Power of University to provide residential
22 accommodation for staff and students
23 (1) The University may provide residential
24 accommodation for staff of the University, or enrolled
25 students, or both.
26 (2) The restrictions imposed by section 5(2)(ea) do not
27 apply to the lease of any part of the land referred to in
28 section 5(2)(ea) if the purpose of the lease is the
29 provision of residential accommodation in accordance
30 with this section.
31
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 23
1 23. Section 20 amended
2 (1) In section 20(2) delete "Her Majesty." and insert:
3
4 the State.
5
6 (2) Delete section 20(3).
7 (3) At the end of section 20 insert:
8
9 (4) Section 22D affects subsection (2).
10
11 24. Section 20A amended
12 (1) Delete section 20A(1) and insert:
13
14 (1) In this section --
15 authorised person means --
16 (a) a police officer; or
17 (b) the Vice-Chancellor; or
18 (c) a member of the staff of the University, or a
19 contractor, who is authorised under
20 subsection (2A) for the purposes of the
21 provision of this section in which the term is
22 used;
23 contractor means --
24 (a) an individual who works under a contract for
25 services for the University; or
26 (b) an employee of a body that provides services to
27 the University under a contract;
28 University lands means --
29 (a) land described in Schedule 1; and
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 24
1 (b) any other land vested in, held by, leased to or
2 under the care, control and management of the
3 University for the purposes of this Act; and
4 (c) all buildings, structures and erections of
5 whatsoever kind or nature and whether
6 permanent or temporary standing or being on
7 land referred to in paragraph (a) or (b).
8 (2A) The Vice-Chancellor may, in writing --
9 (a) designate a member of the staff of the
10 University to be an authorised person for the
11 purposes of either or both of subsection (2)(k)
12 or (4); and
13 (b) authorise a contractor to be an authorised
14 person for the purposes of either or both of
15 subsection (2)(k) or (4); and
16 (c) revoke a designation or authorisation made
17 under this subsection.
18 (2B) A designation or authorisation of a person under
19 subsection (2A) ceases to have effect if --
20 (a) the designation or authorisation is revoked; or
21 (b) the person ceases to be a member of the staff of
22 the University or a contractor.
23
24 (2) In section 20A(2):
25 (a) in paragraph (d) delete "member of the Police Force,"
26 and insert:
27
28 police officer,
29
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 25
1 (b) in paragraph (m) delete "member of the Police Force"
2 (each occurrence) and insert:
3
4 police officer
5
6 (c) in paragraph (n) delete "member of the Police Force,"
7 and insert:
8
9 police officer,
10
11 (3) In section 20A(4) delete "$500" and insert:
12
13 $1 000
14
15 (4) After section 20A(7) insert:
16
17 (8A) By-laws made under this section apply to and in
18 respect of University lands that are leased (whether
19 under an approval given under section 22I or
20 otherwise) except to the extent that the application of
21 the by-laws, or any provision of a by-law, to the leased
22 lands is expressly excluded by the lease.
23
24 25. Section 21 amended
25 In section 21:
26 (a) in paragraph (a) delete "not below tertiary level";
27 (b) in paragraph (b) delete "Staff " and insert:
28
29 staff
30
31 (c) delete paragraph (d).
page 19
Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 26
1 26. Part I Division 2A deleted
2 Delete Part I Division 2A.
3 27. Section 21H amended
4 (1) In section 21H delete the definitions of:
5 higher education
6 technical and further education
7 (2) In section 21H in the definition of Kalgoorlie Campus Council
8 delete "section 21K;" and insert:
9
10 section 21K.
11
12 28. Section 21I replaced
13 Delete section 21I and insert:
14
15 21I. Kalgoorlie Campus
16 (1) The Council is to maintain the educational facility at
17 Kalgoorlie established as part of the University and
18 known as the Curtin University -- Kalgoorlie Campus.
19 (2) The Kalgoorlie Campus --
20 (a) must include a School of Mines known as the
21 Western Australian School of Mines; and
22 (b) may include any other facilities that are for the
23 purposes of the University or a purpose that is
24 incidental to the purposes of the University.
25 (3) It is not necessary for all of the facilities or operations
26 of the Western Australian School of Mines to be
27 located on the Kalgoorlie Campus.
28
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 29
1 29. Section 21J amended
2 Delete section 21J(a).
3 30. Sections 21L and 21M replaced
4 Delete sections 21L and 21M and insert:
5
6 21L. Functions of Kalgoorlie Campus Council
7 (1) The Kalgoorlie Campus Council must act in all matters
8 concerning the Kalgoorlie Campus in the manner that
9 appears most likely to the Council to promote the
10 objects and interests of the Kalgoorlie Campus and the
11 University.
12 (2) The Kalgoorlie Campus Council has the following
13 governance functions --
14 (a) to advise the Council on the promotion,
15 development and coordination of the courses
16 and programmes that are offered or to be
17 offered by the Kalgoorlie Campus and that are,
18 or some of which are, offered or to be offered
19 elsewhere by the University;
20 (b) to develop a strategic plan for the Kalgoorlie
21 Campus for the approval of the Council, and
22 review and monitor the implementation of the
23 approved strategic plan, in accordance with any
24 direction given to it by the Council;
25 (c) to promote the activities carried out on the
26 Kalgoorlie Campus in the communities in
27 which the Campus operates and with relevant
28 government and non-government agencies;
29 (d) to monitor the staffing, infrastructure
30 development and financial management of the
31 Kalgoorlie Campus.
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 30
1 (3) The Kalgoorlie Campus Council also has the following
2 functions --
3 (a) to comply with any direction given to it by the
4 Council, including any direction to prepare and
5 provide to the Council a report;
6 (b) not later than 2 months after each 31 December,
7 to prepare and provide to the Council a report
8 of the operations of the Kalgoorlie Campus
9 during the period of 12 months immediately
10 before that day.
11 21M. Membership of Kalgoorlie Campus Council
12 (1) The Kalgoorlie Campus Council consists of the
13 following members --
14 (a) a member of the Council who is appointed by
15 the Minister to be chairperson of the Kalgoorlie
16 Campus Council;
17 (b) 5 persons who are appointed by the Minister
18 and who are representative of education, the
19 professions, or industrial, commercial or
20 community interests;
21 (c) one person who is appointed by the Minister
22 and who is representative of vocational
23 education and training interests;
24 (d) the person appointed to be responsible for the
25 management of higher education at the
26 Kalgoorlie Campus;
27 (e) the member of the staff of the Kalgoorlie
28 Campus who is responsible for academic and
29 administrative leadership at the Kalgoorlie
30 Campus;
31 (f) a member of the higher education academic
32 staff of the Kalgoorlie Campus and who is
33 appointed by the Council of the University;
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 31
1 (g) a member of the general staff (other than the
2 academic staff) of the Kalgoorlie Campus and
3 who is appointed by the Council of the
4 University;
5 (h) an enrolled student of the Kalgoorlie Campus
6 and who is appointed by the Council of the
7 University;
8 (i) the Vice-Chancellor or a person nominated in
9 writing by the Vice-Chancellor;
10 (j) not more than 3 persons appointed from time to
11 time by co-option by the Kalgoorlie Campus
12 Council, but a person whose sole or principal
13 employment is that of a member of the staff of
14 the University may not be so appointed.
15 (2) The Minister must endeavour to ensure that at least one
16 of the persons appointed under subsection (1)(b) is a
17 resident of the Esperance region.
18
19 31. Sections 21O and 21P replaced
20 Delete sections 21O and 21P and insert:
21
22 21PA. Remuneration and allowances for Kalgoorlie
23 Campus Council members
24 (1) A member of the Kalgoorlie Campus Council is
25 entitled to be paid the remuneration (if any) and
26 allowances (if any) determined by the Salaries and
27 Allowances Tribunal under the Salaries and
28 Allowances Act 1975.
29 (2) Any remuneration and allowances payable --
30 (a) are, for the purposes of section 23(3),
31 expenditure incurred by the Council for the
32 purposes of giving effect to this Act; and
33 (b) are to be paid out of the funds of the University.
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 32
1 21P. Delegation by Kalgoorlie Campus Council
2 (1) The Kalgoorlie Campus Council may by resolution
3 delegate any of its functions to --
4 (a) any member of the Kalgoorlie Campus
5 Council; or
6 (b) a committee of persons appointed by the
7 Kalgoorlie Campus Council; or
8 (c) any other person.
9 (2) The Kalgoorlie Campus Council may by resolution
10 revoke a delegation given under this section.
11 (3) A resolution delegating a function may authorise the
12 delegate to further delegate the delegated function to a
13 person or body.
14 (4) A subdelegation under this section must be in writing.
15 (5) The Interpretation Act 1984 sections 58 and 59 apply
16 to and in relation to a subdelegation under this section
17 in the same way that they apply to and in relation to a
18 delegation given under this section.
19
20 32. Part I Division 2C inserted
21 After Part I Division 2B insert:
22
23 Division 2C -- Leasing University land for
24 commercial purposes
25 Subdivision 1 -- Preliminary
26 22A. Terms used
27 In this Division --
28 advance determination means an advance
29 determination granted under section 22H;
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 32
1 approval means an approval granted under section 22I;
2 commercial arrangement means any of the
3 following --
4 (a) a company;
5 (b) a partnership;
6 (c) a trust;
7 (d) a joint venture;
8 (e) an arrangement for sharing profits;
9 (f) an arrangement for sponsorship;
10 commercial purpose means obtaining income for the
11 University through the leasing of University land, if the
12 land is not leased for the purposes of the University or
13 a purpose that is incidental to the purposes of the
14 University;
15 lease includes sublease;
16 limited company has the meaning given in the
17 Corporations Act 2001 (Commonwealth) section 9;
18 participate includes form, promote, establish, enter
19 into, manage, dissolve and wind-up;
20 participate in a commercial arrangement includes --
21 (a) acquire, hold and dispose of shares, units or
22 other interests in, or relating to, a commercial
23 arrangement; and
24 (b) exercise any right conferred on the University
25 to appoint a director of, or hold office in, a
26 commercial arrangement; and
27 (c) do anything incidental to participating in a
28 commercial arrangement;
29 payment agreement means an agreement made under
30 section 22L;
31 University land means land vested in the University
32 under section 20 or 31;
page 25
Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 32
1 university development proposal means a proposal in
2 respect of which the University intends to seek an
3 approval under section 22I to do either or both of the
4 things set out in section 22D(1).
5 22B. Object of this Division
6 The object of this Division is to enable the University
7 to seek and obtain the Minister's approval to lease
8 University land for purposes that would not otherwise
9 be authorised by this Act.
10 22C. Effect of Division on University functions, powers
11 and obligations
12 (1) This Division does not limit --
13 (a) sections 5 and 7; or
14 (b) any function, power, right, privilege, immunity
15 or obligation of the University under --
16 (i) this Act, another written law or a law of
17 the Commonwealth or of another State
18 or a Territory; or
19 (ii) the principles and rules of common law
20 and equity to the extent that they have
21 effect in this State from time to time.
22 (2) Nothing in this Division is to be taken to impose any
23 requirement on the University to seek or obtain the
24 Minister's approval to lease any University land.
25 (3) Nothing in this Division affects the University's
26 obligation under section 5(2)(ea) to obtain the
27 Minister's approval to the grant of a lease for a term
28 that exceeds 21 years.
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 32
1 Subdivision 2 -- Power to lease University land for
2 commercial purposes
3 22D. University may lease University land for
4 commercial purposes with Ministerial approval
5 (1) With the approval of the Minister, the University
6 can --
7 (a) enter into a transaction that has a commercial
8 purpose; or
9 (b) participate, in the State or elsewhere, in any
10 commercial arrangement that has a commercial
11 purpose.
12 (2) An approval can authorise the University to enter into a
13 transaction, or participate in a commercial
14 arrangement, either --
15 (a) directly; or
16 (b) through a wholly-owned subsidiary (as defined
17 in the Corporations Act 2001 (Commonwealth)
18 section 9) of the University.
19 (3) An approval to lease University land can be granted on
20 the basis that subleases of that land (whether all
21 subleases, or only subleases of a particular class or
22 granted in particular circumstances) can be granted
23 without the need to seek or obtain an approval to the
24 granting of those subleases.
25 (4) Subsection (3) is subject to any conditions attached to
26 the approval.
27 (5) An approval --
28 (a) confers power, for the purposes of this Act, on
29 the University to do the thing authorised by the
30 approval; but
31 (b) does not exempt the University or any other
32 person from compliance with, or authorise the
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 32
1 University or any other person to do or omit to
2 do anything contrary to --
3 (i) any other written law or any law of the
4 Commonwealth or of another State or a
5 Territory; or
6 (ii) any obligation of the University or any
7 other person, however that obligation
8 arises.
9 22E. Effect of approval to lease University land
10 (1) To the extent that an approval authorises the University
11 to lease University land, land leased in accordance with
12 the approval is to be taken to be used for the purposes
13 of the University or for purposes incidental to the
14 purposes of the University for the purposes of --
15 (a) compliance with any conditions, restrictions or
16 limitations (however arising) attaching to the
17 vesting of that land in the University or the
18 holding, care, control or management, by the
19 University, of that land; and
20 (b) any provision of any written law (including,
21 without limitation, section 20(2)) that specifies
22 that something is to happen or not to happen, or
23 provides for some other consequence, if that
24 land is not used, or ceases to be used, for the
25 purposes of the University or for purposes
26 incidental to the purposes of the University.
27 (2) The Land Tax Assessment Act 2002 section 33
28 overrides this section.
29 22F. Approval in principle of university development
30 proposal
31 (1) The University may apply to the Minister for the
32 approval in principle of a university development
33 proposal.
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 32
1 (2) The university development proposal submitted for
2 approval in principle must describe what the University
3 intends to seek an approval under section 22I for,
4 including --
5 (a) details of the University land that is to be
6 leased; and
7 (b) the purpose for which the land is to be leased.
8 (3) If the University applies for an approval in principle --
9 (a) the application must be made in the manner and
10 form, and contain the information, that the
11 Minister requires; and
12 (b) the Minister may request the University to
13 provide any additional information that the
14 Minister considers necessary for the proper
15 consideration of the application; and
16 (c) the Minister may grant or refuse to grant the
17 approval in principle.
18 (4) The Minister must --
19 (a) notify the University in writing of the
20 Minister's decision on the application; and
21 (b) if the decision is to refuse to grant the approval
22 in principle, include in that notification the
23 reasons for the refusal.
24 22G. Application for advance determination of approval
25 (1) The University may apply to the Minister for a
26 determination that, if an application is made for an
27 approval under section 22I in relation to a university
28 development proposal, the approval will be granted.
29 (2) In order to apply for an advance determination, it is not
30 necessary that the University has applied for or
31 obtained an approval in principle under section 22F in
32 relation to the university development proposal.
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 32
1 (3) The university development proposal submitted for
2 advance determination must describe the transaction or
3 commercial arrangement for which the University
4 intends to seek an approval under section 22I,
5 including --
6 (a) details of the University land that is to be
7 leased; and
8 (b) the purpose for which the land is to be leased;
9 and
10 (c) the financial details of the proposal, including
11 the amount of the investment to be made by the
12 University, the proposed lessee and any other
13 parties involved.
14 (4) If approval in principle was previously obtained under
15 section 22F in relation to the proposal, the application
16 for the advance determination must identify any
17 material difference between the proposal approved in
18 principle and the proposal submitted for advance
19 determination.
20 (5) If the University applies for an advance
21 determination --
22 (a) the application --
23 (i) must be made in the manner and form,
24 and contain the information, that the
25 Minister requires; and
26 (ii) if required by the Minister, must be
27 accompanied by a payment agreement;
28 and
29 (b) the Minister may request the University to
30 provide any additional information that the
31 Minister considers necessary for the proper
32 consideration of the application.
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 32
1 22H. Advance determination of approval
2 (1) If the University applies under section 22G for an
3 advance determination in relation to a university
4 development proposal, the Minister may grant or refuse
5 to grant the advance determination.
6 (2) The Minister must grant the advance determination
7 if --
8 (a) approval in principle was previously obtained
9 under section 22F in relation to the proposal;
10 and
11 (b) the Minister is satisfied that, in respect of the
12 matters referred to in section 22F(2)(a) and (b),
13 there is no material difference between the
14 proposal approved in principle and the proposal
15 submitted for advance determination; and
16 (c) the Minister is satisfied with the application
17 submitted in relation to the proposal.
18 (3) The Minister must --
19 (a) notify the University in writing of the
20 Minister's decision on the application; and
21 (b) if the decision is to refuse to grant the advance
22 determination, include in that notification the
23 reasons for the refusal.
24 (4) In granting an advance determination, the Minister may
25 specify a time after which the advance determination
26 lapses.
27 (5) Before the advance determination lapses, the Minister
28 may, at the request of the University, by notice in
29 writing to the University, extend the period for which
30 the advance determination is to be in force.
page 31
Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 32
1 22I. Approvals
2 (1) The University may apply to the Minister for approval
3 to do either or both of the things set out in
4 section 22D(1).
5 (2) If the University applies for an approval --
6 (a) the application --
7 (i) must be made in the manner and form,
8 and contain the information, that the
9 Minister requires; and
10 (ii) if required by the Minister, must be
11 accompanied by a payment agreement;
12 and
13 (b) the Minister may request the University to
14 provide any additional information that the
15 Minister considers necessary for the proper
16 consideration of the application.
17 (3) In order to apply for an approval, it is not necessary
18 that the University has applied for or obtained an
19 approval in principle under section 22F, or an advance
20 determination, in relation to the matter for which the
21 approval is sought.
22 (4) The Minister may grant or refuse to grant the approval.
23 (5) However, the Minister must grant the approval if the
24 Minister is satisfied that --
25 (a) an advance determination is in force in respect
26 of the matter for which the approval is sought;
27 and
28 (b) there is no material deviation from the
29 application for the advance determination.
30 (6) For the purposes of subsection (5)(b), there is a
31 material deviation from the application for the advance
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 32
1 determination if any of the following changes have
2 occurred --
3 (a) the total area of University land that is to be
4 leased has increased by 20% or more;
5 (b) the amount of the investment to be made by the
6 University has increased or decreased by 20%
7 or more.
8 22J. Notification of decision on application for approval
9 (1) The Minister must --
10 (a) notify the University in writing of the
11 Minister's decision on an application for an
12 approval; and
13 (b) if the decision is to refuse to grant the approval,
14 include in that notification the reasons for the
15 refusal.
16 (2) The Minister may attach conditions to an approval, and
17 those conditions must be specified in the approval.
18 22K. Alteration of approval
19 (1) The Minister may, at the request of the University, vary
20 or revoke the conditions attached to an approval or
21 attach new or additional conditions.
22 (2) The Minister cannot make changes to the terms of an
23 approval under subsection (1) unless the University
24 agrees to the changes, but --
25 (a) the Minister is not obliged to make any or all of
26 the changes requested by the University; and
27 (b) the Minister may propose variations,
28 alternatives or additions to the changes
29 requested by the University; and
30 (c) the Minister may refuse to change the terms of
31 an approval unless the University agrees to
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 32
1 variations, alternatives or additions proposed by
2 the Minister.
3 22L. Payment agreements
4 (1) If the University intends to apply for an advance
5 determination or an approval, the Minister may enter
6 into a written agreement with the University for the
7 University to reimburse the State for the reasonable
8 costs and expenses incurred by the Minister in
9 considering the application.
10 (2) If permitted by the regulations, those costs and
11 expenses may include the reasonable costs and
12 expenses incurred by, or by the Minister on behalf of,
13 any person or body appointed to consider and report to
14 the Minister on the application.
15 (3) Regulations may make provision for and in relation to
16 a payment agreement, including in connection with --
17 (a) the ambit of an agreement;
18 (b) the making of an agreement;
19 (c) the costs and expenses to be paid under an
20 agreement, including as to the method of
21 calculating the costs and expenses;
22 (d) the methods for resolving any dispute about the
23 costs and expenses that are to be paid under the
24 agreement.
25 22M. Minister may delegate functions under this Division
26 (1) In this section --
27 Department means the Department of the Public
28 Service principally assisting the Minister in the
29 administration of this Act.
30 (2) The Minister may delegate to the chief executive
31 officer of the Department all or any of the functions
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Curtin University of Technology Act 1966 amended Part 2
s. 33
1 that the Minister has under this Division, other than
2 this power of delegation.
3 (3) A delegation made under subsection (2) must be in
4 writing signed by the Minister.
5 (4) If the chief executive officer performs a function that
6 has been delegated to the chief executive officer under
7 this section, the chief executive officer is to be taken to
8 do so in accordance with the terms of the delegation
9 unless the contrary is shown.
10 (5) Nothing in this section limits the ability of the Minister
11 to perform a function through an officer or agent.
12
13 33. Section 23 amended
14 (1) After section 23(1)(b) insert:
15
16 (ca) moneys received by the Council or the
17 University, where the moneys are derived from
18 something that the University is authorised to
19 do by an approval granted under section 22I;
20 and
21
22 (2) In section 23(2)(b) delete "with the approval of the Treasurer,".
23 (3) In section 23(2a) delete "of Technology".
24 (4) In section 23(3) delete "shall, subject to subsection (4), be
25 charged" and insert:
26
27 is to be charged
28
29 (5) Delete section 23(4).
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 34
1 34. Section 24 replaced
2 Delete section 24 and insert:
3
4 24. Borrowing and other ways of raising money
5 (1) In this section --
6 debt paper means inscribed stock, bonds, debentures
7 with coupons annexed, bills of exchange, promissory
8 notes or bearer securities, or other similar instruments
9 evidencing indebtedness.
10 (2) The University may do all or any of the following --
11 (a) borrow money;
12 (b) obtain credit;
13 (c) issue, acquire, hold or dispose of debt paper;
14 (d) create and issue capital instruments;
15 (e) arrange for financial accommodation to be
16 extended to the University.
17 (3) Capital instruments created and issued by the
18 University under subsection (2)(d) --
19 (a) may be described in any way determined by the
20 University; and
21 (b) are to be created and issued on whatever terms
22 the University determines.
23 (4) The University must keep whatever registers for the
24 purposes of this section as are prescribed by
25 regulations made under this Act.
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Curtin University of Technology Act 1966 amended Part 2
s. 34
1 25A. Notice of borrowing
2 (1) If the University intends to borrow money and seek a
3 guarantee under section 25B in respect of that
4 borrowing, the University must --
5 (a) give the Minister reasonable advance notice of
6 its intention to borrow that money and to seek a
7 guarantee; and
8 (b) notify the Minister of the outcome of the
9 University's application to borrow that money.
10 (2) A liability of the University is not unenforceable or in
11 any way affected by the University's failure to comply
12 with subsection (1).
13 25B. Guarantees
14 (1) The Treasurer, on the Minister's recommendation, may
15 guarantee the performance by the University in the
16 State or elsewhere, of any financial obligation of the
17 University.
18 (2) A guarantee --
19 (a) is given in the name and on behalf of the State;
20 and
21 (b) must be in the form, and contain the terms and
22 conditions, that the Treasurer determines; and
23 (c) without limiting paragraph (b), must be subject
24 to the condition that the person for whose
25 benefit the guarantee is given must not, without
26 the consent in writing of the Treasurer, assign
27 or encumber the benefit of the guarantee.
28 (3) Before a guarantee is given, the University must --
29 (a) give the Treasurer any security that the
30 Treasurer requires; and
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Part 2 Curtin University of Technology Act 1966 amended
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1 (b) execute all instruments that are required for that
2 purpose.
3 (4) Payments made by the Treasurer under a guarantee are
4 to be charged to the Consolidated Account, and this
5 subsection appropriates that Account accordingly.
6 (5) The Treasurer must cause to be credited to the
7 Consolidated Account any amounts received or
8 recovered from the University or otherwise in respect
9 of any payment made by the Treasurer under a
10 guarantee.
11 25C. Charges for guarantee
12 (1) The Treasurer may, from time to time, after
13 consultation with the University, fix charges to be paid
14 by the University in respect of a guarantee under
15 section 25B.
16 (2) Payments by the University in respect of charges fixed
17 under subsection (1) --
18 (a) must be made at the times, and in the
19 instalments, that the Treasurer determines and
20 notifies to the University; and
21 (b) must be credited to the Consolidated Account.
22
23 35. Section 25 amended
24 In section 25 delete "of Technology".
25 36. Section 27 amended
26 Delete section 27(1) and insert:
27
28 (1) The Governor is the Visitor of the University, and has
29 the functions that Visitors usually have.
30
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 37
1 37. Section 28 deleted
2 Delete section 28.
3 38. Section 33 replaced
4 Delete section 33 and insert:
5
6 33. Exemption from rate or tax
7 (1) No rate may be charged or levied on any property
8 vested in the University.
9 (2) Subsection (1) does not operate so as to exempt
10 property that is vested in the University, if it is leased
11 to or occupied by any person --
12 (a) for any private purpose; or
13 (b) for a commercial purpose (as defined in
14 section 22A) under an approval granted under
15 section 22I.
16 (3) The Land Tax Assessment Act 2002 section 33 provides
17 an exemption from land tax in respect of land owned
18 by, vested in or held in trust for the University, in the
19 circumstances set out in that section.
20 34A. Regulations
21 (1) The Governor, on the recommendation of the Minister,
22 may make regulations prescribing all matters that are
23 required or permitted by this Act to be prescribed, or
24 are necessary or convenient to be prescribed for giving
25 effect to the purposes of this Act.
26 (2) Before making a recommendation under subsection (1),
27 the Minister must consult with the Council.
28
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 39
1 39. Section 34 amended
2 (1) In section 34(1):
3 (a) delete paragraph (d) and insert:
4
5 (d) the staff of the University; and
6
7 (b) delete paragraph (ea);
8 (c) after paragraph (i) insert:
9
10 (ja) an annual amenities and services fee in
11 accordance with section 45; and
12 (jb) the matters required by section 46 to be defined
13 or prescribed by Statute; and
14
15 (d) delete paragraphs (l) and (m) and insert:
16
17 (la) the establishment by the Council of residential
18 accommodation for staff of the University, or
19 enrolled students, or both, and the management,
20 control and closing of any residential
21 accommodation; and
22 (l) the affiliation of residential accommodation for
23 staff of the University, or enrolled students, or
24 both, where the residential accommodation is
25 not under the control of the Council; and
26 (m) the licensing and supervision of residential
27 accommodation for staff of the University, or
28 enrolled students, or both, and for the
29 revocation of the licensing of that
30 accommodation; and
31
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 40
1 (2) In section 34(1c) in paragraph (b) delete "$500; and" and insert:
2
3 $1 000; and
4
5 (3) In section 34(1d):
6 (a) delete "chief executive officer of the University" and
7 insert:
8
9 Vice-Chancellor
10
11 (b) delete "by-law or";
12 (c) delete "him" and insert:
13
14 the Vice-Chancellor
15
16 (d) delete "he" and insert:
17
18 the Vice-Chancellor
19
20 (4) In section 34(1e) delete "by-law or".
21 (5) In section 34(3) delete "by-laws or" (each occurrence).
22 (6) In section 34(4) delete "by-law or" (each occurrence).
23 40. Section 35 replaced
24 Delete section 35 and insert:
25
26 35. Approval, publication, disallowance and proof of
27 Statutes
28 (1) A Statute made by the Council --
29 (a) must be sealed with the common seal of the
30 University; and
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Part 2 Curtin University of Technology Act 1966 amended
s. 40
1 (b) must be submitted to the Governor for
2 approval; and
3 (c) if approved by the Governor, must be published
4 in the Gazette; and
5 (d) takes effect on the later of --
6 (i) the day after publication in the Gazette;
7 or
8 (ii) if a later day is specified for that
9 purpose in the Statute, that day.
10 (2) The Interpretation Act 1984 section 42 applies to a
11 Statute approved and published under subsection (1) as
12 if the Statute were a regulation.
13 (3) In any proceedings in any court or before any person
14 acting judicially, any of the following is sufficient
15 evidence of a Statute --
16 (a) a copy of the Statute under the common seal of
17 the University;
18 (b) a document purporting to be a copy of the
19 Statute and to have been printed by the
20 Government Printer;
21 (c) a copy of the Gazette purporting to contain a
22 copy of the Statute.
23 36A. Statutes to be made readily available to public
24 (1) The Council must ensure that the following are readily
25 available to the public by whatever means the Council
26 considers appropriate --
27 (a) all Statutes approved and published under
28 section 35(1);
29 (b) all Statutes that are in effect immediately before
30 the Universities Legislation Amendment
31 Act 2016 section 40 comes into operation.
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Curtin University of Technology Act 1966 amended Part 2
s. 41
1 (2) Publication in the Gazette is not sufficient compliance
2 with subsection (1).
3 (3) Subsection (1) ceases to apply to a Statute once it
4 ceases to be in effect.
5
6 41. Part II heading replaced
7 Delete the heading to Part II and insert:
8
9 Part 3 -- Student Guild
10
11 42. Section 45 replaced
12 Delete section 45 and insert:
13
14 45. Amenities and services fee
15 (1) A Statute made under section 34 may provide for an
16 annual amenities and services fee to be payable by
17 enrolled students, and (without limitation) for that
18 purpose may --
19 (a) prescribe the procedures to be followed in
20 setting that fee;
21 (b) prescribe the persons by whom the fee is
22 payable, and exempt or provide for the
23 exemption of persons or classes of persons
24 from payment of the fee;
25 (c) provide for different levels of the fee to be
26 payable by different classes of persons;
27 (d) provide for the reduction, waiver or refund, in
28 whole or in part, of the fee;
29 (e) prescribe how much of the total fees collected
30 is to be paid to the Student Guild;
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Part 2 Curtin University of Technology Act 1966 amended
s. 43
1 (f) prescribe terms and conditions on which any
2 amount of the total fees collected is to be paid
3 to the Student Guild, including conditions to be
4 met before some or all of the amount may be
5 paid to the Student Guild;
6 (g) provide for the Council to decide how the
7 amount of the total fees collected (after
8 deducting the amount that is paid to the Student
9 Guild) is to be spent, after consultation by the
10 Council with the Student Guild.
11 (2) This section does not limit section 34.
12 (3) This section overrides sections 23(1)(b) and 32.
13
14 43. Section 46 amended
15 (1) Delete section 46(1)(b) and insert:
16
17 (b) processes for determining those areas.
18
19 (2) Delete section 46(3).
20 44. Part 4 inserted
21 After section 46 insert:
22
23 Part 4 -- Transitional provisions for Universities
24 Legislation Amendment Act 2016
25 47. Terms used
26 In this Part --
27 commencement day means the day on which the
28 Universities Legislation Amendment Act 2016 section 3
29 comes into operation;
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Curtin University of Technology Act 1966 amended Part 2
s. 44
1 former name means --
2 (a) the Western Australian Institute of Technology;
3 or
4 (b) the Curtin University of Technology.
5 48. Transitional provisions (change of name)
6 (1) Subsection (2) applies to a reference to a former name,
7 whether by use of that name or a similar or abbreviated
8 form of that name --
9 (a) in a written law passed or made before
10 commencement day; or
11 (b) in any document or other instrument made,
12 executed, entered into or done before
13 commencement day; or
14 (c) made before commencement day in any other
15 manner.
16 (2) A reference to a former name is to be read and
17 construed as a reference to Curtin University, unless
18 because of the context it would be incorrect or
19 inappropriate to do so.
20 (3) Subsection (4) applies to a reference to the Curtin
21 University of Technology -- Kalgoorlie Campus --
22 (a) in a written law passed or made before
23 commencement day; or
24 (b) in any document or other instrument made,
25 executed, entered into or done before
26 commencement day; or
27 (c) made before commencement day in any other
28 manner.
29 (4) A reference to the Curtin University of Technology --
30 Kalgoorlie Campus is to be read and construed as a
31 reference to Curtin University -- Kalgoorlie Campus,
32 unless because of the context it would be incorrect or
33 inappropriate to do so.
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Part 2 Curtin University of Technology Act 1966 amended
s. 44
1 (5) On commencement day, each account established for
2 the purposes of section 23(2) and existing immediately
3 before commencement day is renamed the "Curtin
4 University Account".
5 49. Transitional provisions (Council)
6 (1) This section applies despite the amendments made to
7 section 9, and the replacement of section 9A, by the
8 Universities Legislation Amendment Act 2016
9 sections 12 and 14.
10 (2) Any person who, immediately before commencement
11 day, holds office under section 9 (as in effect
12 immediately before commencement day) as an
13 appointed or nominated or elected member of the
14 Council --
15 (a) continues in office --
16 (i) under and subject to Part I Division 2;
17 and
18 (ii) for the balance of the person's term of
19 office remaining immediately before
20 commencement day;
21 but
22 (b) vacates office before then in the circumstances
23 set out in section 10 as that section is in effect
24 immediately before commencement day.
25 (3) For the purposes of subsection (2)(a)(ii) --
26 (a) any member who holds office under
27 section 9(1)(c) or (j) (as in effect immediately
28 before commencement day) is taken to have a
29 term of office that expires on the 60th day after
30 the day on which the Universities Legislation
31 Amendment Act 2016 section 12 comes into
32 operation;
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Curtin University of Technology Act 1966 amended Part 2
s. 44
1 (b) the member who holds office under
2 section 9(1)(k) (as in effect immediately before
3 commencement day) is taken to have a term of
4 office that expires on the day on which the
5 person would vacate office as a member of the
6 Council in accordance with the Statute
7 establishing the Academic Board of the
8 University.
9 (4) If a question arises under this section as to the balance
10 of a person's term of office remaining immediately
11 before commencement day, the question is to be
12 determined by the Minister.
13 50. Transitional provisions (Kalgoorlie Campus
14 Council)
15 (1) This section applies despite the replacement of
16 section 21M by the Universities Legislation
17 Amendment Act 2016 section 30 and the replacement of
18 Schedule 2 clause 2 by section 47 of that Act.
19 (2) Any person who, immediately before commencement
20 day, holds office under section 21M (as in effect
21 immediately before commencement day) as an
22 appointed or elected member of the Kalgoorlie Campus
23 Council --
24 (a) continues in office --
25 (i) under and subject to Part I Division 2B
26 and Schedule 2; and
27 (ii) for the balance of the person's term of
28 office remaining immediately before
29 commencement day;
30 but
31 (b) vacates office before then in the circumstances
32 set out in Schedule 2 clause 4 as that clause is
33 in effect immediately before commencement
34 day.
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Universities Legislation Amendment Bill 2016
Part 2 Curtin University of Technology Act 1966 amended
s. 44
1 51. Transitional provisions (Vice-Chancellor)
2 (1) The person who, immediately before commencement
3 day, holds office as chief executive officer of the
4 University under section 14 (as in effect immediately
5 before commencement day) continues to hold office as
6 Vice-Chancellor under section 14 (as in effect on and
7 after commencement day).
8 (2) Subsection (3) applies to a reference to the chief
9 executive officer of the University --
10 (a) in a written law passed or made before
11 commencement day; or
12 (b) in any document or other instrument made,
13 executed, entered into or done before
14 commencement day; or
15 (c) made before commencement day in any other
16 manner.
17 (3) A reference to the chief executive officer of the
18 University is to be read and construed as a reference to
19 the Vice-Chancellor, unless because of the context it
20 would be incorrect or inappropriate to do so.
21 52. Transitional provisions (guarantees)
22 A guarantee given under section 24 (as in effect
23 immediately before commencement day) and in force
24 immediately before commencement day continues as if
25 it had been given under section 25B.
26 53. Transitional provisions (Statutes)
27 (1) In this section --
28 former section 35 means section 35 as in effect
29 immediately before it was deleted by the Universities
30 Legislation Amendment Act 2016 section 40.
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 45
1 (2) Section 35(2) does not apply to or in relation to any
2 Statute made and published in the Gazette before
3 commencement day, and former section 35(2) and (3)
4 apply instead as if the former section 35 had not been
5 deleted.
6 (3) If a Statute has been made but not published in the
7 Gazette before commencement day --
8 (a) section 35(2) does not apply to and in relation
9 to that Statute; and
10 (b) former section 35(2) and (3) apply instead as if
11 the former section 35 had not been deleted.
12
13 45. Schedule 1A clause 5 deleted
14 Delete Schedule 1A clause 5.
15 46. Schedule 1A clause 6 amended
16 In Schedule 1A clause 6(1) delete "or 5 or both of them do" and
17 insert:
18
19 does
20
21 Note: The heading to amended clause 6 is to read:
22 Minister may declare clause 3 inapplicable
23 47. Schedule 2 clauses 2 to 4 replaced
24 Delete Schedule 2 clauses 2 to 4 and insert:
25
26 2. Term of office
27 (1) Subject to clause 4, a member --
28 (a) appointed under section 21M(1)(a), (b), (c), (f), (g)
29 or (j) holds office for the term, not exceeding
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Part 2 Curtin University of Technology Act 1966 amended
s. 47
1 3 years, that is specified in the instrument of their
2 appointment;
3 (b) appointed under section 21M(1)(h) holds office for
4 the term, not exceeding 1 year, that is specified in
5 the instrument of their appointment.
6 (2) All retiring members are, unless otherwise disqualified,
7 eligible for reappointment, but on the expiry of a third
8 successive term of office that member is not eligible to hold
9 office as a member until 12 months after that expiry.
10 (3) However, a member appointed under section 21M(1)(h)
11 may be reappointed once, but only once, on the expiry of
12 their term, if they continue to be qualified under
13 section 21M(1)(h).
14 3. Casual vacancies
15 If a casual vacancy occurs in the office of a member, the
16 vacancy is to be filled in the same manner as if that
17 member's term of office had expired.
18 4. Vacation of office
19 The office of a member becomes vacant if the member --
20 (a) resigns the office by written notice addressed to the
21 Minister; or
22 (b) is, according to the Interpretation Act 1984
23 section 13D, a bankrupt or a person whose affairs
24 are under insolvency laws; or
25 (c) is removed from office by the Minister on the
26 grounds of neglect of duty, misbehaviour,
27 incompetence or mental or physical incapacity
28 impairing the performance of the member's
29 functions and proved to the satisfaction of the
30 Minister; or
31 (d) in the case of a member appointed under
32 section 21M(1)(a), ceases to be a member of the
33 Council; or
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Universities Legislation Amendment Bill 2016
Curtin University of Technology Act 1966 amended Part 2
s. 47
1 (e) in the case of a member appointed under
2 section 21M(1)(f), ceases to be a member of the
3 higher education academic staff of the Kalgoorlie
4 Campus; or
5 (f) in the case of a member appointed under
6 section 21M(1)(g), ceases to be a member of the
7 general staff (other than the academic staff) of the
8 Kalgoorlie Campus; or
9 (g) in the case of a member appointed under
10 section 21M(1)(h), ceases to be an enrolled student
11 of the Kalgoorlie Campus.
12
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Universities Legislation Amendment Bill 2016
Part 3 Edith Cowan University Act 1984 amended
s. 48
1 Part 3 -- Edith Cowan University Act 1984 amended
2 48. Act amended
3 This Part amends the Edith Cowan University Act 1984.
4 49. Long title amended
5 In the long title delete "the".
6 50. Section 3 amended
7 (1) In section 3(1) delete the definitions of:
8 Board of the Academy
9 chief executive officer
10 (2) In section 3(1) insert in alphabetical order:
11
12 Advisory Board means --
13 (a) the ECU South West Campus (Bunbury)
14 Advisory Board referred to in section 20(1); or
15 (b) the Advisory Board of the Academy referred to
16 in section 25(1);
17 casual vacancy means a vacancy arising in the office
18 of a member of the Council otherwise than by reason
19 of the effluxion of time;
20 Deputy Chancellor means the Deputy Chancellor of
21 the University;
22 residential accommodation --
23 (a) means any form of accommodation (including,
24 without limitation, a residential college, hostel,
25 hall of residence or form of independent
26 living); and
27 (b) includes facilities that are --
28 (i) ancillary to residential accommodation;
29 and
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Edith Cowan University Act 1984 amended Part 3
s. 51
1 (ii) primarily for the use of members of the
2 staff, or enrolled students, or both;
3 Vice-Chancellor means the Vice-Chancellor of the
4 University.
5
6 (3) In section 3(1) in the definition of member of staff delete "the
7 chief executive officer," and insert:
8
9 the Vice-Chancellor,
10
11 (4) In section 3(1) in the definition of prescribed delete "by-law
12 or".
13 (5) In section 3(1) in the definition of University:
14 (a) delete "the";
15 (b) delete "Act." and insert:
16
17 Act;
18
19 51. Part II heading amended
20 In the heading to Part II delete "The".
21 52. Section 4 amended
22 (1) In section 4(1) delete "called the" and insert:
23
24 called
25
26 (2) In section 4(2) delete "the Edith" and insert:
27
28 Edith
29
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Universities Legislation Amendment Bill 2016
Part 3 Edith Cowan University Act 1984 amended
s. 53
1 (3) In section 4(2) after paragraph (a) insert:
2
3 or
4
5 53. Section 5 amended
6 (1) In section 5(2):
7 (a) in paragraph (ea) delete "Governor;" and insert:
8
9 Minister; and
10
11 (b) after paragraph (ea) insert:
12
13 (eb) may enter into business arrangements; and
14
15 (2) In section 5(2) after each of paragraphs (a) to (e) insert:
16
17 and
18
19 54. Section 7 replaced
20 Delete section 7 and insert:
21
22 7. Functions of the University
23 (1) The functions of the University include the
24 following --
25 (a) to provide, on a full-time or part-time basis,
26 courses of study appropriate to a university, and
27 other tertiary courses;
28 (b) to encourage and participate in the development
29 and improvement of tertiary education;
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Universities Legislation Amendment Bill 2016
Edith Cowan University Act 1984 amended Part 3
s. 54
1 (c) to provide other courses of study approved by
2 the Council;
3 (d) to undertake, aid or support scholarship, pure
4 and applied research, invention, innovation,
5 education and consultancy, and to apply those
6 matters to the advancement and application of
7 knowledge --
8 (i) to the benefit of industry, business and
9 government; and
10 (ii) to the benefit and wellbeing of the
11 Western Australian, Australian and
12 international communities;
13 (e) to commercially develop or commercially use,
14 for the University's benefit, any facility,
15 resource or property (real or personal) of the
16 University or in which the University has a
17 right or interest (including, for example, study,
18 research, knowledge and intellectual property
19 and the practical application of study, research,
20 knowledge and intellectual property), whether
21 alone or with others;
22 (f) to generate revenue for the purposes of funding
23 the carrying out of its functions;
24 (g) to foster the general welfare and development
25 of all enrolled students;
26 (h) to promote and encourage collaboration and
27 consultation between the University and other
28 institutions and authorities to ensure the
29 greatest effectiveness and economy in
30 expenditure and the most beneficial relationship
31 between the University and other educational
32 institutions within and outside the State;
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Universities Legislation Amendment Bill 2016
Part 3 Edith Cowan University Act 1984 amended
s. 55
1 (i) to serve the Western Australian, Australian and
2 international communities and the public
3 interest by --
4 (i) enriching cultural and community life;
5 and
6 (ii) raising public awareness of
7 international, scientific and artistic
8 developments; and
9 (iii) promoting critical and free enquiry,
10 informed intellectual discussion and
11 public debate within the University and
12 in the wider society;
13 (j) to provide whatever facilities relating to its
14 functions the Council thinks necessary or
15 conducive to their attainment.
16 (2) The University has all the powers, rights and privileges
17 it reasonably needs to enable it to carry out its
18 functions.
19 (3) The University may carry out its functions and exercise
20 its powers, including the power to enter into business
21 arrangements, within or outside the State.
22
23 55. Section 9 amended
24 (1) Delete section 9(1) and (2) and insert:
25
26 (1) The Council consists of the following members --
27 (a) 3 persons appointed by the Governor on the
28 recommendation of the Minister;
29 (b) the person for the time being the chairperson of
30 the Academic Board;
31 (c) the Vice-Chancellor;
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Edith Cowan University Act 1984 amended Part 3
s. 55
1 (d) one person who is a member of the academic
2 staff of the University and who is elected by the
3 academic staff of the University in the manner
4 prescribed by Statute;
5 (e) one person who is a member of the
6 non-academic salaried staff of the University,
7 and who is elected by the non-academic
8 salaried staff of the University in the manner
9 prescribed by Statute;
10 (f) 2 persons who are enrolled students --
11 (i) one of whom is an undergraduate
12 student and who is elected by the
13 undergraduate students in the manner
14 prescribed by Statute; and
15 (ii) one of whom is a postgraduate student
16 and who is elected by the postgraduate
17 students in the manner prescribed by
18 Statute;
19 (g) 2 persons who are Alumni of the University
20 and who are elected by the Alumni of the
21 University in the manner prescribed by Statute;
22 (h) not more than 5 persons appointed from time to
23 time by co-option by the Council;
24 (i) if they are not already a member under
25 paragraphs (a) to (h), the Chancellor.
26 (2) The fact that a person holds an elective office (for
27 example, an elective office of the Student Guild) does
28 not disqualify that person being appointed or holding
29 office under subsection (1).
30
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1 (2) In section 9(3) delete "subsection (1)(a), (aa) or (i) --" and
2 insert:
3
4 subsection (1)(a) or (h) --
5
6 (3) In section 9(4) delete "subsection (1)(e) --" and insert:
7
8 subsection (1)(f) --
9
10 (4) In section 9(5) delete "subsection (1)(f) --" and insert:
11
12 subsection (1)(g) --
13
14 56. Section 10 replaced
15 Delete section 10 and insert:
16
17 9A. Nominations Committee
18 (1) The Council must establish and maintain a committee
19 of the Council called the Nominations Committee.
20 (2) The Nominations Committee is to consist of not more
21 than 6 members of the Council appointed by the
22 Council.
23 (3) The following members are not eligible to be appointed
24 to the Nominations Committee --
25 (a) the Vice-Chancellor;
26 (b) the chairperson of the Academic Board;
27 (c) the member referred to in section 9(1)(d);
28 (d) the member referred to in section 9(1)(e);
29 (e) the members referred to in section 9(1)(f);
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1 (f) the members referred to in section 9(1)(g).
2 (4) The functions of the Nominations Committee are --
3 (a) to maintain lists of persons who are eligible and
4 willing to be appointed to any vacancy or
5 casual vacancy in the office of --
6 (i) any member of the Council who is
7 appointed by the Governor or the
8 Council; or
9 (ii) any member of an Advisory Board who
10 is appointed by the Council;
11 (b) to recommend to the Minister suitable
12 candidates to a vacancy or casual vacancy in
13 the office of any member who is appointed
14 under section 9(1)(a);
15 (c) to recommend to the Council suitable
16 candidates for appointment by co-option under
17 section 9(1)(h).
18 (5) The fact that the Nominations Committee or the
19 Council has not recommended a person for
20 appointment under section 9(1) does not prevent the
21 person from being appointed or holding office under
22 section 9(1).
23 (6) The Nominations Committee may regulate its own
24 procedure, but it must comply with any direction given
25 by Council.
26 10. Term of office
27 (1) Subject to section 11 --
28 (a) a member appointed under section 9(1)(a) or
29 (h) holds office for a period of 3 years,
30 commencing on the day of their appointment,
31 unless a shorter term of office is specified
32 under subsection (4);
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1 (b) a member elected under section 9(1)(d), (e) or
2 (g) holds office for a period of 3 years,
3 commencing on the day their election takes
4 effect, unless a shorter term of office is
5 specified under subsection (5);
6 (c) a member elected under section 9(1)(f) holds
7 office for a period of one year commencing on
8 the day their election takes effect, unless a
9 shorter term of office is specified under
10 subsection (5).
11 (2) All retiring members are, unless otherwise disqualified,
12 eligible for reappointment or re-election.
13 (3) However --
14 (a) a member elected under section 9(1)(f) is not
15 eligible for re-election more than once;
16 (b) a member other than a member elected under
17 section 9(1)(f) is not eligible to be reappointed
18 or re-elected on the expiry of a third successive
19 term of office until 12 months have elapsed
20 after that expiry;
21 (c) a member who is removed from office by the
22 Council under section 11A is not eligible to be
23 a member again until 5 years have elapsed
24 since the removal.
25 (4) The Governor or the Council may, when appointing a
26 person as a member, specify a shorter term of office
27 where an appointment for a shorter term is desirable to
28 ensure that --
29 (a) the terms of office of members expire at
30 intervals that will produce reasonable
31 continuity of membership; or
32 (b) the terms of office expire on dates that afford
33 the convenience of uniformity.
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1 (5) The Council may, before an election is held for the
2 purposes of section 9(1), specify that the election of a
3 person is for a shorter term of office where election for
4 a shorter term is desirable for a reason referred to in
5 subsection (4).
6
7 57. Section 11 replaced
8 Delete section 11 and insert:
9
10 11. Vacation of office
11 The office of a member becomes vacant if --
12 (a) the member resigns their office by written
13 notice given to the Minister; or
14 (b) the member is a person in respect of whom an
15 administration order is in force under the
16 Guardianship and Administration Act 1990
17 Part 6; or
18 (c) the member is, according to the Interpretation
19 Act 1984 section 13D, a bankrupt or a person
20 whose affairs are under insolvency laws; or
21 (d) the member is convicted of an indictable
22 offence; or
23 (e) the member is removed from office by the
24 Council under section 11A; or
25 (f) the member is, or becomes, disqualified from
26 managing corporations under the Corporations
27 Act 2001 (Commonwealth) Part 2D.6; or
28 (g) the member is absent without leave of the
29 Council from 3 consecutive meetings of the
30 Council; or
31 (h) the member ceases to hold any qualification
32 required for becoming or being a member; or
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1 (i) the member dies.
2
3 58. Section 11A amended
4 In section 11A(3) delete "2/3" and insert:
5
6 two-thirds
7
8 59. Section 11B inserted
9 After section 11A insert:
10
11 11B. Casual vacancies
12 If a casual vacancy occurs in the office of a member,
13 the vacancy is to be filled in the same way as if that
14 member's term of office had expired.
15
16 60. Section 12 amended
17 (1) In section 12(1)(b), (2) and (4) delete "Pro-Chancellor" (each
18 occurrence) and insert:
19
20 Deputy Chancellor
21
22 (2) In section 12(6) delete "4 members." and insert:
23
24 3 members.
25
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1 61. Section 15A inserted
2 After section 14 insert:
3
4 15A. Remuneration and allowances for Council members
5 (1) A member of the Council is entitled to be paid the
6 remuneration (if any) and allowances (if any)
7 determined by the Salaries and Allowances Tribunal
8 under the Salaries and Allowances Act 1975.
9 (2) Any remuneration and allowances payable are to be
10 paid out of the funds available to the Council under
11 section 36.
12
13 62. Section 15 amended
14 (1) In section 15(1) delete "this power of delegation and".
15 (2) Delete section 15(2) and (3) and insert:
16
17 (2) The Council may by resolution revoke a delegation
18 given under this section.
19 (3) A resolution delegating a power, authority, duty or
20 function may authorise the delegate to further delegate
21 the delegated power, authority, duty or function to a
22 person or body.
23 (4) A subdelegation under this section must be in writing.
24 (5) The Interpretation Act 1984 sections 58 and 59 apply
25 to and in relation to a subdelegation under this section
26 in the same way that they apply to and in relation to a
27 delegation given under this section.
28
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1 63. Section 17 amended
2 (1) In section 17(1):
3 (a) in paragraph (c) delete "university" and insert:
4
5 university, or other tertiary courses,
6
7 (b) after paragraph (e) insert:
8
9 (fa) may provide residential accommodation for
10 members of staff, or enrolled students, or both;
11 and
12
13 (2) In section 17(1) after each of paragraphs (a) to (d) insert:
14
15 and
16
17 64. Section 20 amended
18 Delete section 20(2) and (3) and insert:
19
20 (2) The Council may make Statutes --
21 (a) prescribing the method of the appointment and
22 selection of the members of the ECU South
23 West Campus (Bunbury) Advisory Board by
24 the Council;
25 (b) prescribing the terms of office of the members
26 of the ECU South West Campus (Bunbury)
27 Advisory Board;
28 (c) prescribing the circumstances in which an
29 office of member of the ECU South West
30 Campus (Bunbury) Advisory Board becomes
31 vacant;
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1 (d) providing for meetings of the ECU South West
2 Campus (Bunbury) Advisory Board;
3 (e) providing for any other matters necessary or
4 desirable to ensure the effective exercise of the
5 functions of the ECU South West Campus
6 (Bunbury) Advisory Board.
7 (3) The functions of the ECU South West Campus
8 (Bunbury) Advisory Board are --
9 (a) to provide the Council with strategic advice in
10 relation to the ECU South West Campus
11 (Bunbury) and education matters relevant to the
12 south-west region of the State; and
13 (b) any other functions relating to the ECU South
14 West Campus (Bunbury) and education matters
15 relevant to the south-west region of the State
16 determined by the Council.
17
18 65. Section 24 amended
19 Delete section 24(2) and (3) and insert:
20
21 (2) The Council may make Statutes providing for the
22 control and management of the affairs and concerns of
23 the Academy.
24
25 66. Sections 25 and 25A inserted
26 After section 24 insert:
27
28 25. Advisory Board of Academy
29 (1) There is to be an Advisory Board of the Academy.
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1 (2) Without limiting section 24(2), the Council may make
2 Statutes --
3 (a) prescribing the method of the appointment and
4 selection of the members of the Advisory Board
5 of the Academy by the Council;
6 (b) prescribing the terms of office of the members
7 of the Advisory Board of the Academy;
8 (c) prescribing the circumstances in which an
9 office of member of the Advisory Board of the
10 Academy becomes vacant;
11 (d) providing for meetings of the Advisory Board
12 of the Academy;
13 (e) providing for any other matters necessary or
14 desirable to ensure the effective exercise of the
15 functions of the Advisory Board of the
16 Academy.
17 (3) The functions of the Advisory Board of the Academy
18 are --
19 (a) to provide the Council with strategic advice in
20 relation to the Academy; and
21 (b) any other functions relating to the Academy
22 determined by the Council.
23 (4) The Advisory Board of the Academy is subject to the
24 direction and control of the Council.
25 25A. Remuneration and allowances for Advisory Board
26 members
27 (1) A member of an Advisory Board is entitled to be paid
28 the remuneration (if any) and allowances (if any)
29 determined by the Salaries and Allowances Tribunal
30 under the Salaries and Allowances Act 1975.
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1 (2) Any remuneration and allowances payable are to be
2 paid out of the funds available to the Council under
3 section 36.
4
5 67. Section 26 amended
6 (1) In section 26(1):
7 (a) after paragraph (i) insert:
8
9 (ja) an annual amenities and services fee in
10 accordance with section 41A; and
11 (jb) the matters required by section 41B to be
12 defined or prescribed by Statute; and
13
14 (b) delete paragraphs (l) and (m) and insert:
15
16 (l) the establishment by the Council of residential
17 accommodation for members of the staff, or
18 enrolled students, or both, and the management,
19 control and closing of any residential
20 accommodation; and
21 (m) the affiliation of residential accommodation for
22 members of the staff, or enrolled students, or
23 both, where the residential accommodation is
24 not under the control of the Council; and
25 (na) the licensing and supervision of residential
26 accommodation for members of the staff, or
27 enrolled students, or both, and for the
28 revocation of the licensing of that
29 accommodation; and
30
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1 (2) In section 26(3):
2 (a) in paragraph (b) delete "$250;" and insert:
3
4 $1 000; and
5
6 (b) in paragraph (d) delete "$500" and insert:
7
8 $1 000
9
10 (3) Delete section 26(4) and insert:
11
12 (4) Without limiting section 30(4), the Vice-Chancellor
13 may delegate to any person, class of persons or body of
14 persons any of the following powers conferred on the
15 Vice-Chancellor under a Statute --
16 (a) a disciplinary power;
17 (b) a power to hear and determine appeals from
18 decisions made in the exercise or purported
19 exercise of disciplinary powers;
20 (c) a power to award or fix costs.
21
22 (4) In section 26(5) delete "by-law or".
23 (5) In section 26(7) delete "by-laws or" (each occurrence).
24 (6) In section 26(8) delete "by-law or" (each occurrence).
25 (7) In section 26 after each of subsections (1)(a) to (i), (j) and (k)
26 and (3)(a) and (c) to (h) insert:
27
28 and
29
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Edith Cowan University Act 1984 amended Part 3
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1 68. Section 27 replaced
2 Delete section 27 and insert:
3
4 27. Approval, publication, disallowance and proof of
5 Statutes
6 (1) A Statute made by the Council --
7 (a) must be sealed with the common seal of the
8 University; and
9 (b) must be submitted to the Governor for
10 approval; and
11 (c) if approved by the Governor, must be published
12 in the Gazette; and
13 (d) takes effect on the later of --
14 (i) the day after publication in the Gazette;
15 or
16 (ii) if a later day is specified for that
17 purpose in the Statute, that day.
18 (2) The Interpretation Act 1984 section 42 applies to a
19 Statute approved and published under subsection (1) as
20 if the Statute were a regulation.
21 (3) In any proceedings in any court or before any person
22 acting judicially, any of the following is sufficient
23 evidence of a Statute --
24 (a) a copy of the Statute under the common seal of
25 the University;
26 (b) a document purporting to be a copy of the
27 Statute and to have been printed by the
28 Government Printer;
29 (c) a copy of the Gazette purporting to contain a
30 copy of the Statute.
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1 28A. Statutes to be made readily available to public
2 (1) The Council must ensure that the following are readily
3 available to the public by whatever means the Council
4 considers appropriate --
5 (a) all Statutes approved and published under
6 section 27(1);
7 (b) all Statutes that are in effect immediately before
8 the Universities Legislation Amendment
9 Act 2016 section 68 comes into operation.
10 (2) Publication in the Gazette is not sufficient compliance
11 with subsection (1).
12 (3) Subsection (1) ceases to apply to a Statute once it
13 ceases to be in effect.
14
15 69. Part VI Division 1 heading inserted
16 At the beginning of Part VI insert:
17
18 Division 1 -- Vesting of land in University and by-laws
19 applicable to University lands
20
21 70. Section 28 amended
22 (1) In section 28(1) before "management" insert:
23
24 care,
25
26 (2) Delete section 28(3) and (4) and insert:
27
28 (3) Where any land in the care, management and control
29 of, or vested in, the University under this Act is no
30 longer required for the purposes of this Act, the
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1 Governor, by Order in Council, may revest it in the
2 State.
3 (4) The restrictions imposed by section 5(2)(ea) do not
4 apply to the lease of any part of the land referred to in
5 section 5(2)(ea) if the purpose of the lease is the
6 provision of residential accommodation in accordance
7 with section 17(1)(fa).
8
9 71. Section 29 amended
10 (1) Before section 29(1) insert:
11
12 (1A) In this section --
13 authorised person means --
14 (a) a police officer; or
15 (b) a person authorised under subsection (1B) to be
16 an authorised person for the purposes of the
17 subsection in which the term is used;
18 contractor means --
19 (a) an individual who works under a contract for
20 services for the University; or
21 (b) an employee of a body that provides services to
22 the University under a contract.
23 (1B) The Vice-Chancellor may, in writing --
24 (a) designate a member of the staff of the
25 University to be an authorised person for the
26 purposes of either or both of subsection (3)(k)
27 or (7A); and
28 (b) authorise a contractor to be an authorised
29 person for the purposes of either or both of
30 subsection (3)(k) or (7A); and
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1 (c) revoke a designation or authorisation made
2 under this subsection.
3 (1C) A designation or authorisation of a person under
4 subsection (1B) ceases to have effect if --
5 (a) the designation or authorisation is revoked; or
6 (b) the person ceases to be a member of the staff of
7 the University or a contractor.
8
9 (2) Delete section 29(2)(a) and insert:
10
11 (a) declare any land vested in, held by, leased to or
12 under the care, management and control of the
13 University to be University lands; or
14
15 (3) In section 29(3):
16 (a) in paragraph (d) delete "member of the Police Force,"
17 and insert:
18
19 police officer,
20
21 (b) in paragraph (k) delete "his" and insert:
22
23 the authorised person's
24
25 (c) in paragraph (l) delete "he" and insert:
26
27 the person
28
29 (d) in paragraph (m) delete "member of the Police Force"
30 (each occurrence) and insert:
31
32 police officer
33
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1 (e) in paragraph (n) delete "his" and insert:
2
3 the person's
4
5 (f) in paragraph (n) delete "member of the Police Force,"
6 and insert:
7
8 police officer,
9
10 (4) Delete section 29(4).
11 (5) Delete section 29(6) and insert:
12
13 (6) A by-law may impose a penalty of a fine not exceeding
14 $1 000 for a breach of the by-law.
15 (7A) Proceedings for the breach of a by-law may be taken
16 by an authorised person in the name of the authorised
17 person.
18
19 (6) In section 29(9) delete "Statutes, by-laws" and insert:
20
21 Statutes
22
23 (7) After section 29(9) insert:
24
25 (10) By-laws made under this section apply to and in
26 respect of University lands that are leased (whether
27 under an approval given under section 30I or
28 otherwise) except to the extent that the application of
29 the by-laws, or any provision of a by-law, to the leased
30 lands is expressly excluded by the lease.
31
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1 (8) In section 29(3) after each of paragraphs (a) to (m) insert:
2
3 and
4
5 72. Part VI Division 2 inserted
6 At the end of Part VI insert:
7
8 Division 2 -- Leasing University land for commercial
9 purposes
10 Subdivision 1 -- Preliminary
11 30A. Terms used
12 In this Division --
13 advance determination means an advance
14 determination granted under section 30H;
15 approval means an approval granted under section 30I;
16 commercial arrangement means any of the
17 following --
18 (a) a company;
19 (b) a partnership;
20 (c) a trust;
21 (d) a joint venture;
22 (e) an arrangement for sharing profits;
23 (f) an arrangement for sponsorship;
24 commercial purpose means obtaining income for the
25 University through the leasing of University land, if the
26 land is not leased for the purposes of the University or
27 a purpose that is incidental to the purposes of the
28 University;
29 lease includes sublease;
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1 limited company has the meaning given in the
2 Corporations Act 2001 (Commonwealth) section 9;
3 participate includes form, promote, establish, enter
4 into, manage, dissolve and wind-up;
5 participate in a commercial arrangement includes --
6 (a) acquire, hold and dispose of shares, units or
7 other interests in, or relating to, a commercial
8 arrangement; and
9 (b) exercise any right conferred on the University
10 to appoint a director of, or hold office in, a
11 commercial arrangement; and
12 (c) do anything incidental to participating in a
13 commercial arrangement;
14 payment agreement means an agreement made under
15 section 30L;
16 University land means land vested in the University
17 under section 28;
18 university development proposal means a proposal in
19 respect of which the University intends to seek an
20 approval under section 30I to do either or both of the
21 things set out in section 30D(1).
22 30B. Object of this Division
23 The object of this Division is to enable the University
24 to seek and obtain the Minister's approval to lease
25 University land for purposes that would not otherwise
26 be authorised by this Act.
27 30C. Effect of Division on University functions, powers
28 and obligations
29 (1) This Division does not limit --
30 (a) sections 5 and 7; or
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1 (b) any function, power, right, privilege, immunity
2 or obligation of the University under --
3 (i) this Act, another written law or a law of
4 the Commonwealth or of another State
5 or a Territory; or
6 (ii) the principles and rules of common law
7 and equity to the extent that they have
8 effect in this State from time to time.
9 (2) Nothing in this Division is to be taken to impose any
10 requirement on the University to seek or obtain the
11 Minister's approval to lease any University land.
12 (3) Nothing in this Division affects the University's
13 obligation under section 5(2)(ea) to obtain the
14 Minister's approval to the grant of a lease for a term
15 that exceeds 21 years.
16 Subdivision 2 -- Power to lease University land for
17 commercial purposes
18 30D. University may lease University land for
19 commercial purposes with Ministerial approval
20 (1) With the approval of the Minister, the University
21 can --
22 (a) enter into a transaction that has a commercial
23 purpose; or
24 (b) participate, in the State or elsewhere, in any
25 commercial arrangement that has a commercial
26 purpose.
27 (2) An approval can authorise the University to enter into a
28 transaction, or participate in a commercial
29 arrangement, either --
30 (a) directly; or
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1 (b) through a wholly-owned subsidiary (as defined
2 in the Corporations Act 2001 (Commonwealth)
3 section 9) of the University.
4 (3) An approval to lease University land can be granted on
5 the basis that subleases of that land (whether all
6 subleases, or only subleases of a particular class or
7 granted in particular circumstances) can be granted
8 without the need to seek or obtain an approval to the
9 granting of those subleases.
10 (4) Subsection (3) is subject to any conditions attached to
11 the approval.
12 (5) An approval --
13 (a) confers power, for the purposes of this Act, on
14 the University to do the thing authorised by the
15 approval; but
16 (b) does not exempt the University or any other
17 person from compliance with, or authorise the
18 University or any other person to do or omit to
19 do anything contrary to --
20 (i) any other written law or any law of the
21 Commonwealth or of another State or a
22 Territory; or
23 (ii) any obligation of the University or any
24 other person, however that obligation
25 arises.
26 30E. Effect of approval to lease University land
27 (1) To the extent that an approval authorises the University
28 to lease University land, land leased in accordance with
29 the approval is to be taken to be used for the purposes
30 of the University or for purposes incidental to the
31 purposes of the University for the purposes of --
32 (a) compliance with any conditions, restrictions or
33 limitations (however arising) attaching to the
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1 vesting of that land in the University or the
2 holding, care, control or management, by the
3 University, of that land; and
4 (b) any provision of any written law that specifies
5 that something is to happen or not to happen, or
6 provides for some other consequence, if that
7 land is not used, or ceases to be used, for the
8 purposes of the University or for purposes
9 incidental to the purposes of the University.
10 (2) The Land Tax Assessment Act 2002 section 33
11 overrides this section.
12 30F. Approval in principle of university development
13 proposal
14 (1) The University may apply to the Minister for the
15 approval in principle of a university development
16 proposal.
17 (2) The university development proposal submitted for
18 approval in principle must describe what the University
19 intends to seek an approval under section 30I for,
20 including --
21 (a) details of the University land that is to be
22 leased; and
23 (b) the purpose for which the land is to be leased.
24 (3) If the University applies for an approval in principle --
25 (a) the application must be made in the manner and
26 form, and contain the information, that the
27 Minister requires; and
28 (b) the Minister may request the University to
29 provide any additional information that the
30 Minister considers necessary for the proper
31 consideration of the application; and
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1 (c) the Minister may grant or refuse to grant the
2 approval in principle.
3 (4) The Minister must --
4 (a) notify the University in writing of the
5 Minister's decision on the application; and
6 (b) if the decision is to refuse to grant the approval
7 in principle, include in that notification the
8 reasons for the refusal.
9 30G. Application for advance determination of approval
10 (1) The University may apply to the Minister for a
11 determination that, if an application is made for an
12 approval under section 30I in relation to a university
13 development proposal, the approval will be granted.
14 (2) In order to apply for an advance determination, it is not
15 necessary that the University has applied for or
16 obtained an approval in principle under section 30F in
17 relation to the university development proposal.
18 (3) The university development proposal submitted for
19 advance determination must describe the transaction or
20 commercial arrangement for which the University
21 intends to seek an approval under section 30I,
22 including --
23 (a) details of the University land that is to be
24 leased; and
25 (b) the purpose for which the land is to be leased;
26 and
27 (c) the financial details of the proposal, including
28 the amount of the investment to be made by the
29 University, the proposed lessee and any other
30 parties involved.
31 (4) If approval in principle was previously obtained under
32 section 30F in relation to the proposal, the application
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1 for the advance determination must identify any
2 material difference between the proposal approved in
3 principle and the proposal submitted for advance
4 determination.
5 (5) If the University applies for an advance
6 determination --
7 (a) the application --
8 (i) must be made in the manner and form,
9 and contain the information, that the
10 Minister requires; and
11 (ii) if required by the Minister, must be
12 accompanied by a payment agreement;
13 and
14 (b) the Minister may request the University to
15 provide any additional information that the
16 Minister considers necessary for the proper
17 consideration of the application.
18 30H. Advance determination of approval
19 (1) If the University applies under section 30G for an
20 advance determination in relation to a university
21 development proposal, the Minister may grant or refuse
22 to grant the advance determination.
23 (2) The Minister must grant the advance determination
24 if --
25 (a) approval in principle was previously obtained
26 under section 30F in relation to the proposal;
27 and
28 (b) the Minister is satisfied that, in respect of the
29 matters referred to in section 30F(2)(a) and (b),
30 there is no material difference between the
31 proposal approved in principle and the proposal
32 submitted for advance determination; and
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Edith Cowan University Act 1984 amended Part 3
s. 72
1 (c) the Minister is satisfied with the application
2 submitted in relation to the proposal.
3 (3) The Minister must --
4 (a) notify the University in writing of the
5 Minister's decision on the application; and
6 (b) if the decision is to refuse to grant the advance
7 determination, include in that notification the
8 reasons for the refusal.
9 (4) In granting an advance determination, the Minister may
10 specify a time after which the advance determination
11 lapses.
12 (5) Before the advance determination lapses, the Minister
13 may, at the request of the University, by notice in
14 writing to the University, extend the period for which
15 the advance determination is to be in force.
16 30I. Approvals
17 (1) The University may apply to the Minister for approval
18 to do either or both of the things set out in
19 section 30D(1).
20 (2) If the University applies for an approval --
21 (a) the application --
22 (i) must be made in the manner and form,
23 and contain the information, that the
24 Minister requires; and
25 (ii) if required by the Minister, must be
26 accompanied by a payment agreement;
27 and
28 (b) the Minister may request the University to
29 provide any additional information that the
30 Minister considers necessary for the proper
31 consideration of the application.
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Part 3 Edith Cowan University Act 1984 amended
s. 72
1 (3) In order to apply for an approval, it is not necessary
2 that the University has applied for or obtained an
3 approval in principle under section 30F, or an advance
4 determination, in relation to the matter for which the
5 approval is sought.
6 (4) The Minister may grant or refuse to grant the approval.
7 (5) However, the Minister must grant the approval if the
8 Minister is satisfied that --
9 (a) an advance determination granted under
10 section 30H is in force in respect of the matter
11 for which the approval is sought; and
12 (b) there is no material deviation from the
13 application for the advance determination.
14 (6) For the purposes of subsection (5)(b), there is a
15 material deviation from the application for the advance
16 determination if any of the following changes have
17 occurred --
18 (a) the total area of University land that is to be
19 leased has increased by 20% or more;
20 (b) the amount of the investment to be made by the
21 University has increased or decreased by 20%
22 or more.
23 30J. Notification of decision on application for approval
24 (1) The Minister must --
25 (a) notify the University in writing of the
26 Minister's decision on an application for an
27 approval; and
28 (b) if the decision is to refuse to grant the approval,
29 include in that notification the reasons for the
30 refusal.
31 (2) The Minister may attach conditions to an approval and
32 those conditions must be specified in the approval.
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Universities Legislation Amendment Bill 2016
Edith Cowan University Act 1984 amended Part 3
s. 72
1 30K. Alteration of approval
2 (1) The Minister may, at the request of the University, vary
3 or revoke the conditions attached to an approval or
4 attach new or additional conditions.
5 (2) The Minister cannot make changes to the terms of an
6 approval under subsection (1) unless the University
7 agrees to the changes, but --
8 (a) the Minister is not obliged to make any or all of
9 the changes requested by the University; and
10 (b) the Minister may propose variations,
11 alternatives or additions to the changes
12 requested by the University; and
13 (c) the Minister may refuse to change the terms of
14 an approval unless the University agrees to
15 variations, alternatives or additions proposed by
16 the Minister.
17 30L. Payment agreements
18 (1) If the University intends to apply for an advance
19 determination or an approval, the Minister may enter
20 into a written agreement with the University for the
21 University to reimburse the State for the reasonable
22 costs and expenses incurred by the Minister in
23 considering the application.
24 (2) If permitted by the regulations, those costs and
25 expenses may include the reasonable costs and
26 expenses incurred by, or by the Minister on behalf of,
27 any person or body appointed to consider and report to
28 the Minister on the application.
29 (3) Regulations may make provision for and in relation to
30 a payment agreement, including in connection with --
31 (a) the ambit of an agreement;
32 (b) the making of an agreement;
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Part 3 Edith Cowan University Act 1984 amended
s. 73
1 (c) the costs and expenses to be paid under an
2 agreement, including as to the method of
3 calculating the costs and expenses;
4 (d) the methods for resolving any dispute about the
5 costs and expenses that are to be paid under the
6 agreement.
7 30M. Minister may delegate functions under this Division
8 (1) In this section --
9 Department means the Department of the Public
10 Service principally assisting the Minister in the
11 administration of this Act.
12 (2) The Minister may delegate to the chief executive
13 officer of the Department all or any of the functions
14 that the Minister has under this Division, other than
15 this power of delegation.
16 (3) A delegation made under subsection (2) must be in
17 writing signed by the Minister.
18 (4) If the chief executive officer performs a function that
19 has been delegated to the chief executive officer under
20 this section, the chief executive officer is to be taken to
21 do so in accordance with the terms of the delegation
22 unless the contrary is shown.
23 (5) Nothing in this section limits the ability of the Minister
24 to perform a function through an officer or agent.
25
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Universities Legislation Amendment Bill 2016
Edith Cowan University Act 1984 amended Part 3
s. 73
1 73. Section 30 replaced
2 Delete section 30 and insert:
3
4 30. Vice-Chancellor
5 (1) The Council must appoint and may terminate the
6 appointment of a Vice-Chancellor.
7 (2) The Vice-Chancellor is the chief executive officer of
8 the University.
9 (3) The Vice-Chancellor holds office as such for the period
10 and on the conditions the Council determines.
11 (4) The Vice-Chancellor has powers and duties prescribed
12 by Statute and, unless otherwise expressly provided,
13 the Vice-Chancellor may delegate any of those powers
14 and duties to any person or committee of persons.
15 (5) In addition to or instead of the title of Vice-Chancellor,
16 the Vice-Chancellor may use any other title that is --
17 (a) approved by the Council; or
18 (b) prescribed by Statute.
19 (6) The use by the Vice-Chancellor, in accordance with
20 subsection (5), of any title in addition to or instead of
21 the title of Vice-Chancellor does not affect the validity
22 of anything done or omitted to be done by, to or in
23 relation to the Vice-Chancellor.
24
page 85
Universities Legislation Amendment Bill 2016
Part 3 Edith Cowan University Act 1984 amended
s. 74
1 74. Section 31 amended
2 In section 31(1) delete "Act and any relevant award or
3 agreement in force under the Industrial Relations Act 1979 --"
4 and insert:
5
6 Act, any relevant written law and any relevant industrial award
7 or industrial agreement --
8
9 75. Section 36 amended
10 (1) After section 36(1)(b) insert:
11
12 (ca) moneys received by the Council or the
13 University, where the moneys are derived from
14 something that the University is authorised to
15 do by an approval granted under section 30I;
16 and
17
18 (2) In section 36(2)(b) delete "with the approval of the Treasurer,".
19 (3) In section 36(1) after each of paragraphs (a) and (b) insert:
20
21 and
22
23 76. Section 37 replaced
24 Delete section 37 and insert:
25
26 37. Borrowing and other ways of raising money
27 (1) In this section --
28 debt paper means inscribed stock, bonds, debentures
29 with coupons annexed, bills of exchange, promissory
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Edith Cowan University Act 1984 amended Part 3
s. 76
1 notes or bearer securities, or other similar instruments
2 evidencing indebtedness.
3 (2) The University may do all or any of the following --
4 (a) borrow money;
5 (b) obtain credit;
6 (c) issue, acquire, hold or dispose of debt paper;
7 (d) create and issue capital instruments;
8 (e) arrange for financial accommodation to be
9 extended to the University.
10 (3) Capital instruments created and issued by the
11 University under subsection (2)(d) --
12 (a) may be described in any way determined by the
13 University; and
14 (b) are to be created and issued on whatever terms
15 the University determines.
16 (4) The University must keep whatever registers for the
17 purposes of this section as are prescribed by
18 regulations made under this Act.
19 (5) Nothing in this section or section 37A or 37B affects or
20 applies to moneys that are applied under
21 section 38A(b).
22 37A. Notice of borrowing
23 (1) If the University intends to borrow money and seek a
24 guarantee under section 37B in respect of that
25 borrowing, the University must --
26 (a) give the Minister reasonable advance notice of
27 its intention to borrow that money and to seek a
28 guarantee; and
29 (b) notify the Minister of the outcome of the
30 University's application to borrow that money.
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Part 3 Edith Cowan University Act 1984 amended
s. 76
1 (2) A liability of the University is not unenforceable or in
2 any way affected by the University's failure to comply
3 with subsection (1).
4 37B. Guarantees
5 (1) The Treasurer, on the Minister's recommendation, may
6 guarantee the performance by the University in the
7 State or elsewhere, of any financial obligation of the
8 University.
9 (2) A guarantee --
10 (a) is given in the name and on behalf of the State;
11 and
12 (b) must be in the form, and contain the terms and
13 conditions, that the Treasurer determines; and
14 (c) without limiting paragraph (b), must be subject
15 to the condition that the person for whose
16 benefit the guarantee is given must not, without
17 the consent in writing of the Treasurer, assign
18 or encumber the benefit of the guarantee.
19 (3) Before a guarantee is given, the University must --
20 (a) give the Treasurer any security that the
21 Treasurer requires; and
22 (b) execute all instruments that are required for that
23 purpose.
24 (4) Payments made by the Treasurer under a guarantee are
25 to be charged to the Consolidated Account, and this
26 subsection appropriates that Account accordingly.
27 (5) The Treasurer must cause to be credited to the
28 Consolidated Account any amounts received or
29 recovered from the University or otherwise in respect
30 of any payment made by the Treasurer under a
31 guarantee.
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Edith Cowan University Act 1984 amended Part 3
s. 77
1 37C. Charges for guarantee
2 (1) The Treasurer may, from time to time, after
3 consultation with the University, fix charges to be paid
4 by the University in respect of a guarantee under
5 section 37B.
6 (2) Payments by the University in respect of charges fixed
7 under subsection (1) --
8 (a) must be made at the times, and in the
9 instalments, that the Treasurer determines and
10 notifies to the University; and
11 (b) must be credited to the Consolidated Account.
12
13 77. Section 38B amended
14 After section 38B(2) insert:
15
16 (3) Sections 37, 37A and 37B do not apply to or affect
17 moneys that are applied under section 38A(b).
18
19 78. Section 41 amended
20 In section 41(6b) before "not being" insert:
21
22 being or
23
24 79. Section 41A replaced
25 Delete section 41A and insert:
26
27 41A. Amenities and services fee
28 (1) A Statute made under section 26 may provide for an
29 annual amenities and services fee to be payable by
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Universities Legislation Amendment Bill 2016
Part 3 Edith Cowan University Act 1984 amended
s. 79
1 enrolled students, and (without limitation) for that
2 purpose may --
3 (a) prescribe the procedures to be followed in
4 setting that fee;
5 (b) prescribe the persons by whom the fee is
6 payable, and exempt or provide for the
7 exemption of persons or classes of persons
8 from payment of the fee;
9 (c) provide for different levels of the fee to be
10 payable by different classes of persons;
11 (d) provide for the reduction, waiver or refund, in
12 whole or in part, of the fee;
13 (e) prescribe how much of the total fees collected
14 is to be paid to the Student Guild;
15 (f) prescribe terms and conditions on which any
16 amount of the total fees collected is to be paid
17 to the Student Guild, including conditions to be
18 met before some or all of the amount may be
19 paid to the Student Guild;
20 (g) provide for the Council to decide how the
21 amount of the total fees collected (after
22 deducting the amount that is paid to the Student
23 Guild) is to be spent, after consultation by the
24 Council with the Student Guild.
25 (2) This section does not limit section 26.
26 (3) This section overrides section 36(1)(b) and (3).
27
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Universities Legislation Amendment Bill 2016
Edith Cowan University Act 1984 amended Part 3
s. 80
1 80. Section 41B amended
2 (1) Delete section 41B(2) and insert:
3
4 (2) The fees collected each year are to be allocated to
5 broad categories of expenditure and the Council must
6 specify, by Statute --
7 (a) the broad categories of amenities and services
8 within which the fees are to be expended; and
9 (b) the process for determining those categories.
10
11 (2) In section 41B(3) delete "the fees" and insert:
12
13 any fees
14
15 81. Section 42 amended
16 Delete section 42(1) and insert:
17
18 (1) The Governor is the Visitor of the University, and has
19 the functions that Visitors usually have.
20
21 82. Sections 43 and 44 replaced
22 Delete sections 43 and 44 and insert:
23
24 43. Exemption from rate or tax
25 (1) No rate may be charged or levied on any property
26 vested in the University.
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Part 3 Edith Cowan University Act 1984 amended
s. 83
1 (2) Subsection (1) does not operate so as to exempt
2 property that is vested in the University if it is leased to
3 or ordinarily occupied by any other person --
4 (a) for any private purpose; or
5 (b) for a commercial purpose (as defined in
6 section 30A(1)) under an approval given under
7 section 30I.
8 (3) The Land Tax Assessment Act 2002 section 33 provides
9 an exemption from land tax in respect of land owned
10 by, vested in or held in trust for the University, in the
11 circumstances set out in that section.
12 44A. Regulations
13 (1) The Governor, on the recommendation of the Minister,
14 may make regulations prescribing all matters that are
15 required or permitted by this Act to be prescribed, or
16 are necessary or convenient to be prescribed for giving
17 effect to the purposes of this Act.
18 (2) Before making a recommendation under subsection (1),
19 the Minister must consult with the Council.
20
21 83. Part XI Division 1 heading inserted
22 At the beginning of Part XI insert:
23
24 Division 1 -- General
25
26 84. Sections 45 and 46 deleted
27 Delete sections 45 and 46.
28 85. Section 52 deleted
29 Delete section 52.
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Universities Legislation Amendment Bill 2016
Edith Cowan University Act 1984 amended Part 3
s. 86
1 86. Part XI Division 2 inserted
2 At the end of Part XI insert:
3
4 Division 2 -- Transitional provisions for Universities
5 Legislation Amendment Act 2016
6 54. Term used: commencement day
7 In this Division --
8 commencement day means the day on which the
9 Universities Legislation Amendment Act 2016
10 section 48 comes into operation.
11 55. Transitional provisions (Council)
12 (1) This section applies despite the amendments made to
13 section 9, and the replacement of section 10 by the
14 Universities Legislation Amendment Act 2016
15 sections 55 and 56.
16 (2) Any person who, immediately before commencement
17 day, holds office under section 9 (as in effect
18 immediately before commencement day) as an
19 appointed or nominated or elected member of the
20 Council --
21 (a) continues in office --
22 (i) under and subject to Part III; and
23 (ii) for the balance of the person's term of
24 office remaining immediately before
25 commencement day;
26 but
27 (b) vacates office before then in the circumstances
28 set out in section 11 as that section is in effect
29 immediately before commencement day.
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Universities Legislation Amendment Bill 2016
Part 3 Edith Cowan University Act 1984 amended
s. 86
1 (3) For the purposes of subsection (2)(a)(ii), any member
2 who holds office under section 9(1)(aa) (as in effect
3 immediately before commencement day) is taken to
4 have a term of office that expires on the 60th day after
5 the day on which the Universities Legislation
6 Amendment Act 2016 section 55 comes into operation.
7 (4) If a question arises under this section as to the balance
8 of a person's term of office remaining immediately
9 before commencement day, the question is to be
10 determined by the Minister.
11 56. Transitional provisions (Deputy Chancellor)
12 (1) The person who, immediately before commencement
13 day, holds office as Pro-Chancellor of the University
14 under section 12 (as in effect immediately before
15 commencement day) continues to hold office as
16 Deputy Chancellor for the balance of their term of
17 office.
18 (2) Subsection (3) applies to a reference to the
19 Pro-Chancellor of the University --
20 (a) in any written law passed or made before
21 commencement day; or
22 (b) in any document or other instrument made,
23 executed, entered into or done before
24 commencement day; or
25 (c) made before commencement day in any other
26 manner.
27 (3) A reference to the Pro-Chancellor of the University is
28 to be read and construed as a reference to the Deputy
29 Chancellor, unless because of the context it would be
30 incorrect or inappropriate to do so.
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Universities Legislation Amendment Bill 2016
Edith Cowan University Act 1984 amended Part 3
s. 86
1 57. Transitional provisions (Vice-Chancellor)
2 (1) The person who, immediately before commencement
3 day, holds office as chief executive officer of the
4 University under section 30 (as in effect immediately
5 before commencement day) continues to hold office as
6 Vice-Chancellor.
7 (2) Subsection (3) applies to a reference to the chief
8 executive officer of the University --
9 (a) in a written law passed or made before
10 commencement day; or
11 (b) in any document or other instrument made,
12 executed, entered into or done before
13 commencement day; or
14 (c) made before commencement day in any other
15 manner.
16 (3) A reference to the chief executive officer of the
17 University is to be read and construed as a reference to
18 the Vice-Chancellor, unless because of the context it
19 would be incorrect or inappropriate to do so.
20 58. Transitional provisions (Advisory Board of the
21 Academy)
22 (1) In this section --
23 Advisory Board of the Academy means the Advisory
24 Board of the Academy referred to in section 25(1);
25 former Board means the Board of the Academy
26 constituted by a Statute made under section 24(2) (as in
27 effect immediately before commencement day).
28 (2) Any person who, immediately before commencement
29 day, holds office as a member of the former Board
30 continues to hold office as member of the Advisory
31 Board of the Academy for the balance of their term of
32 office.
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Universities Legislation Amendment Bill 2016
Part 3 Edith Cowan University Act 1984 amended
s. 86
1 (3) If a question arises under this section as to the balance
2 of a person's term of office remaining immediately
3 before commencement day, the question is to be
4 determined by the Minister.
5 (4) Subsection (5) applies to a reference to the former
6 Board --
7 (a) in any written law passed or made before
8 commencement day; or
9 (b) in any document or other instrument made,
10 executed, entered into or done before
11 commencement day; or
12 (c) made before commencement day in any other
13 manner.
14 (5) A reference to the former Board is to be read and
15 construed as a reference to the Advisory Board of the
16 Academy, unless because of the context it would be
17 incorrect or inappropriate to do so.
18 59. Transitional provisions (Statutes)
19 (1) In this section --
20 former section 27 means section 27 as in effect
21 immediately before it was deleted by the Universities
22 Legislation Amendment Act 2016 section 68.
23 (2) Section 27(2) does not apply to or in relation to any
24 Statute made and published in the Gazette before
25 commencement day, and former section 27(2) and (3)
26 apply instead as if the former section 27 had not been
27 deleted.
28 (3) If a Statute has been made but not published in the
29 Gazette before commencement day --
30 (a) section 27(2) does not apply to and in relation
31 to that Statute; and
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Universities Legislation Amendment Bill 2016
Edith Cowan University Act 1984 amended Part 3
s. 87
1 (b) former section 27(2) and (3) apply instead as if
2 the former section 27 had not been deleted.
3 60. Transitional provisions (guarantees)
4 A guarantee given under section 37 (as in effect
5 immediately before commencement day) and in force
6 immediately before commencement day continues as if
7 it had been given under section 37B.
8 61. Transitional provisions (amenities and services fee)
9 (1) In this section --
10 former section 41A means section 41A as in effect
11 immediately before it was deleted by the Universities
12 Legislation Amendment Act 2016 section 79;
13 transition period means the remainder of the calendar
14 year beginning on commencement day.
15 (2) During the transition period --
16 (a) section 41A does not apply to the annual
17 amenities and services fee set under former
18 section 41A; and
19 (b) former section 41A applies instead to that
20 annual amenities and services fee as if former
21 section 41A had not been deleted.
22
23 87. Schedule 1 clause 5 deleted
24 Delete Schedule 1 clause 5.
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Universities Legislation Amendment Bill 2016
Part 3 Edith Cowan University Act 1984 amended
s. 88
1 88. Schedule 1 clause 6 amended
2 In Schedule 1 clause 6(1) delete "or 5 or both of them do" and
3 insert:
4
5 does
6
7 Note: The heading to amended clause 6 is to read:
8 Minister may declare clause 3 inapplicable
page 98
Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 89
1 Part 4 -- Murdoch University Act 1973 amended
2 89. Act amended
3 This Part amends the Murdoch University Act 1973.
4 90. Part 1 heading inserted
5 Before section 1 insert:
6
7 Part 1 -- Preliminary
8
9 91. Section 3 amended
10 (1) In section 3(1) delete the definitions of:
11 Convocation
12 Pro-Chancellor
13 section
14 (2) In section 3(1) insert in alphabetical order:
15
16 casual vacancy means a vacancy arising in the office
17 of a member of the Senate otherwise than by reason of
18 the effluxion of time;
19 Deputy Chancellor means the Deputy Chancellor of
20 the University;
21 residential accommodation --
22 (a) means any form of accommodation (including,
23 without limitation, a residential college, hostel,
24 hall of residence or form of independent
25 living); and
26 (b) includes facilities that are --
27 (i) ancillary to residential accommodation;
28 and
29 (ii) primarily for the use of staff of the
30 University, or students, or both;
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 92
1 University land means --
2 (a) the land described in certificate of title
3 Vol 2812 Folio 355; and
4 (b) any land vested in the University under
5 section 28(1);
6
7 (3) In section 3(2):
8 (a) after "academic" insert:
9
10 or other
11
12 (b) delete "or servant" and insert:
13
14 or employee
15
16 92. Part 2 heading inserted
17 After section 3 insert:
18
19 Part 2 -- Murdoch University
20
21 93. Sections 6 and 7 replaced
22 Delete sections 6 and 7 and insert:
23
24 6. Functions of University
25 (1) The functions of the University include the
26 following --
27 (a) to provide courses of study appropriate to a
28 university, and other tertiary courses;
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 93
1 (b) to encourage and participate in the development
2 and improvement of tertiary education to meet
3 the needs of the community;
4 (c) to undertake and support scholarship, pure and
5 applied research, invention, innovation,
6 education and consultancy, and to apply those
7 matters to the advancement and application of
8 knowledge --
9 (i) to the benefit of industry, business and
10 government; and
11 (ii) to the benefit and wellbeing of the
12 Western Australian, Australian and
13 international communities;
14 (d) to commercially develop or commercially use,
15 for the University's benefit, any facility,
16 resource or property (real or personal) of the
17 University or in which the University has a
18 right or interest (including, for example, study,
19 research, knowledge and intellectual property
20 and the practical application of study, research,
21 knowledge and intellectual property), whether
22 alone or with others;
23 (e) to generate revenue for the purposes of funding
24 the carrying out of its functions;
25 (f) to serve the Western Australian, Australian and
26 international communities and the public
27 interest by --
28 (i) enriching cultural and community life;
29 and
30 (ii) raising public awareness of educational,
31 scientific and artistic developments; and
32 (iii) promoting critical and free enquiry,
33 informed intellectual discussion and
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 94
1 public debate within the University and
2 in the wider society;
3 (g) to provide the facilities that are necessary or
4 conducive to the attainment of the objects of
5 the University and the performance of its
6 functions.
7 (2) The University has all the powers, rights and privileges
8 that are reasonably necessary to enable it to carry out
9 its functions.
10 (3) The University may carry out its functions and exercise
11 its powers, including the power to enter into business
12 arrangements, within or outside the State.
13 8A. Power of University to provide residential
14 accommodation for staff and students
15 (1) The University may provide residential
16 accommodation for staff of the University, or students,
17 or both.
18 (2) The restrictions imposed by section 29(1)(ga) do not
19 apply to the lease of any part of the land referred to in
20 section 29(1)(ga) if the purpose of the lease is the
21 provision of residential accommodation in accordance
22 with this section.
23
24 94. Part 3 heading inserted
25 Before section 8 insert:
26
27 Part 3 -- Constitution of University
28
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 95
1 95. Section 8 amended
2 (1) In section 8 delete paragraph (c) and insert:
3
4 (c) graduates of the University; and
5
6 (2) In section 8 after each of paragraphs (a) and (b) insert:
7
8 and
9
10 96. Section 9 replaced
11 Delete section 9 and insert:
12
13 9. Visitor
14 (1) The Governor is the Visitor of the University, and has
15 the functions that Visitors usually have.
16 (2) As Visitor, the Governor may act without obtaining the
17 advice and consent of the Executive Council.
18
19 97. Section 10 amended
20 (1) Delete section 10(1) and insert:
21
22 (1) The Senate must elect a person to hold office as
23 Chancellor of the University.
24 (2A) A person who is not a member of the Senate at the time
25 the person is elected to hold office as Chancellor is a
26 member of the Senate for so long as the person holds
27 office as Chancellor.
28
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 98
1 (2) In section 10(2) delete "his" and insert:
2
3 the
4
5 (3) In section 10(3) delete "the term of 3 years from the date of his
6 election" and insert:
7
8 a term not exceeding 3 years to be determined by the Senate
9
10 (4) In section 10(4) delete "he" and insert:
11
12 the Chancellor
13
14 98. Section 11 amended
15 (1) In section 11(1) delete "Pro-Chancellor" and insert:
16
17 Deputy Chancellor
18
19 (2) Delete section 11(2) and insert:
20
21 (2) Subject to subsection (2a) and section 15, the Deputy
22 Chancellor holds office for a term not exceeding
23 3 years to be determined by the Senate and is eligible
24 for re-election.
25
26 (3) In section 11(2a) delete "Pro-Chancellor" and insert:
27
28 Deputy Chancellor
29
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 99
1 (4) In section 11(3):
2 (a) delete "Pro-Chancellor" and insert:
3
4 Deputy Chancellor
5
6 (b) delete "he" and insert:
7
8 the Deputy Chancellor
9
10 Note: The heading to amended section 11 is to read:
11 Deputy Chancellor
12 99. Section 12 amended
13 (1) Delete section 12(1) and insert:
14
15 (1) The Senate consists of the following members --
16 (a) the Chancellor;
17 (b) the Vice-Chancellor;
18 (c) one person who is a member of the academic
19 staff of the University and who is elected by the
20 academic staff of the University in the manner
21 prescribed by Statute;
22 (d) one person who is a member of the
23 non-academic salaried staff of the University,
24 and who is elected by the non-academic
25 salaried staff of the University in the manner
26 prescribed by Statute;
27 (e) 2 persons who are students --
28 (i) one of whom is an undergraduate
29 student and who is elected by the
30 undergraduate students in the manner
31 prescribed by Statute; and
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Part 4 Murdoch University Act 1973 amended
s. 100
1 (ii) one of whom is a postgraduate student
2 and who is elected by the postgraduate
3 students in the manner prescribed by
4 Statute;
5 (f) 2 persons who are graduates of the University
6 and who are elected by the graduates of the
7 University in the manner prescribed by Statute;
8 (g) 3 members appointed by the Governor on the
9 recommendation of the Minister;
10 (h) not more than 5 persons co-opted to serve as
11 members of the Senate by an absolute majority
12 of the other members;
13 (i) the person for the time being the President of
14 the Academic Council.
15 (1A) The fact that a person holds an elective office (for
16 example, an elective office of the Guild) does not
17 disqualify that person from being appointed or holding
18 office under subsection (1).
19
20 (2) In section 12(2) delete "subsection (1)(e), (f) or (g) --" and
21 insert:
22
23 subsection (1)(f), (g) or (h) --
24
25 100. Section 14 replaced
26 Delete section 14 and insert:
27
28 13. Nominations Committee
29 (1) The Senate must establish and maintain a committee of
30 the Senate called the Nominations Committee.
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 100
1 (2) The Nominations Committee is to consist of not more
2 than 6 members of the Senate appointed by the Senate.
3 (3) The following members are not eligible to be appointed
4 to the Nominations Committee --
5 (a) the Vice-Chancellor;
6 (b) the member of the Senate referred to in
7 section 12(1)(c);
8 (c) the member of the Senate referred to in
9 section 12(1)(d);
10 (d) the members of the Senate referred to in
11 section 12(1)(e);
12 (e) the members of the Senate referred to in
13 section 12(1)(f);
14 (f) the President of the Academic Council.
15 (4) The functions of the Nominations Committee are --
16 (a) to maintain lists of persons who are eligible and
17 willing to be appointed to any vacancy or
18 casual vacancy in the office of any member of
19 the Senate who is appointed by the Governor or
20 the Senate;
21 (b) to recommend to the Minister suitable
22 candidates for appointment to a vacancy or
23 casual vacancy in the office of any member of
24 the Senate who is appointed under
25 section 12(1)(g);
26 (c) to recommend to the Senate suitable candidates
27 for appointment by cooption under
28 section 12(1)(h).
29 (5) The fact that the Nominations Committee or the Senate
30 has not recommended a person for appointment under
31 section 12(1) does not prevent the person from being
32 appointed or holding office under section 12(1).
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 100
1 (6) The Nominations Committee may regulate its own
2 procedure, but it must comply with any direction given
3 by the Senate.
4 14. Term of office of members
5 (1) Subject to section 15 --
6 (a) a member appointed under section 12(1)(g) or
7 (h) holds office for a period of 3 years,
8 commencing on the day of their appointment,
9 unless a shorter term of office is specified
10 under subsection (4);
11 (b) a member elected under section 12(1)(c), (d) or
12 (f), holds office for a period of 3 years,
13 commencing on the day their election takes
14 effect, unless a shorter term of office is
15 specified under subsection (5);
16 (c) a member elected under section 12(1)(e) holds
17 office for a period of one year commencing on
18 the day their election takes effect, unless a
19 shorter term of office is specified under
20 subsection (5).
21 (2) An appointed (which includes coopted) or elected
22 member, on the expiry of their term of office --
23 (a) may be reappointed or re-elected, if they
24 continue to be qualified under section 12; but
25 (b) on the expiry of a third successive term of
26 office (of whatever duration), they are not
27 eligible to hold office as a member until
28 12 months have elapsed after that expiry.
29 (3) However, a member elected under section 12(1)(e)
30 may be re-elected once, but only once, on the expiry of
31 their term of office, if they continue to be qualified
32 under section 12.
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 101
1 (4) The Governor or the Senate may, when appointing a
2 person as a member, specify a shorter term of office
3 where an appointment for a shorter term is desirable to
4 ensure that --
5 (a) the terms of office of members expire at
6 intervals that will produce reasonable
7 continuity of membership; or
8 (b) the terms of office expire on dates that afford
9 the convenience of uniformity.
10 (5) The Senate may, before an election is held for the
11 purposes of section 12(1), specify that the election of a
12 person is for a shorter term of office where election for
13 a shorter term is desirable for a reason referred to in
14 subsection (4).
15
16 101. Section 15 amended
17 (1) Delete section 15(1) and (2) and insert:
18
19 (1) The Chancellor may resign their office by written
20 notice given to the Minister.
21 (2) The Deputy Chancellor or a member of the Senate may
22 resign their office by written notice given to the
23 Minister.
24
25 (2) In section 15(3):
26 (a) in paragraph (d) delete "his" and insert:
27
28 their
29
30 (b) delete "his office" and insert:
31
32 the person's office
33
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 102
1 (c) delete "he is not eligible for re-election or" and insert:
2
3 the person is not eligible for
4
5 (3) Delete section 15(4) and insert:
6
7 (4) If a person who is a member of the Senate ceases to
8 hold the required qualification under section 12 for
9 being a member, the person's office as member
10 becomes vacant.
11
12 (4) In section 15(5) delete "he" and insert:
13
14 the member
15
16 102. Section 15A amended
17 In section 15A(3) delete "2/3" and insert:
18
19 two-thirds
20
21 103. Section 16 replaced
22 Delete section 16 and insert:
23
24 16. Casual vacancies
25 If a casual vacancy occurs in the office of a member of
26 the Senate, the vacancy is to be filled in the same
27 manner as if that member's term of office had expired.
28
page 110
Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 104
1 104. Section 17 amended
2 In section 17(2):
3 (a) in paragraph (b) delete "and servants" and insert:
4
5 and employees
6
7 (b) in paragraph (c) delete "relating thereto," and insert:
8
9 made under section 26,
10
11 105. Section 18 replaced
12 Delete section 18 and insert:
13
14 18. Delegation by Senate
15 (1) The Senate may, in relation to any matter or class of
16 matters, or in relation to any activity or function of the
17 University, by resolution, delegate all or any of its
18 powers and functions under this Act (except its powers
19 in relation to the making of by-laws, Statutes, and
20 regulations made under section 26) to any --
21 (a) member of the Senate; or
22 (b) committee, council or other body of the
23 University; or
24 (c) officer of the University.
25 (2) The Senate may by resolution revoke a delegation
26 given under this section.
27 (3) A resolution delegating a power, authority, duty or
28 function may authorise the delegate to further delegate
29 the delegated power, authority, duty or function to a
30 person or body.
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 106
1 (4) A subdelegation under this section must be in writing.
2 (5) The Interpretation Act 1984 sections 58 and 59 apply
3 to and in relation to a subdelegation under this section
4 in the same way that they apply to and in relation to a
5 delegation given under this section.
6
7 106. Section 19 replaced
8 Delete section 19 and insert:
9
10 19A. Remuneration and allowances for Senate members
11 (1) A member of the Senate is entitled to be paid the
12 remuneration (if any) and allowances (if any)
13 determined by the Salaries and Allowances Tribunal
14 under the Salaries and Allowances Act 1975.
15 (2) Any remuneration and allowances payable are to be
16 paid out of funds of the University.
17
18 107. Section 20 amended
19 In section 20(2d) before "not being" insert:
20
21 being or
22
23 108. Section 20A replaced
24 Delete section 20A and insert:
25
26 20A. Amenities and services fee
27 (1) A Statute made under section 25 may provide for an
28 annual amenities and services fee to be payable by
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 109
1 students, and (without limitation) for that purpose
2 may --
3 (a) prescribe the procedures to be followed in
4 setting that fee;
5 (b) prescribe the persons by whom the fee is
6 payable, and exempt or provide for the
7 exemption of persons or classes of persons
8 from payment of the fee;
9 (c) provide for different levels of the fee to be
10 payable by different classes of persons;
11 (d) provide for the reduction, waiver or refund, in
12 whole or in part, of the fee;
13 (e) prescribe how much of the total fees collected
14 is to be paid to the Guild;
15 (f) prescribe terms and conditions on which any
16 amount of the total fees collected is to be paid
17 to the Guild, including conditions to be met
18 before some or all of the amount may be paid to
19 the Guild;
20 (g) provide for the Senate to decide how the
21 amount of the total fees collected (after
22 deducting the amount that is paid to the Guild)
23 is to be spent, after consultation by the Senate
24 with the Guild.
25 (2) This section does not limit section 25.
26
27 109. Section 20B amended
28 (1) Delete section 20B(1) and (2) and insert:
29
30 (1) The Senate must prescribe, by Statute --
31 (a) the broad categories of amenities and services
32 to which the Guild may apply the fees paid to
33 the Guild; and
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 110
1 (b) the process for determining those categories.
2
3 (2) Delete section 20B(4).
4 110. Section 22 amended
5 (1) In section 22(1):
6 (a) delete "shall have" and insert:
7
8 has
9
10 (b) after "regulations" insert:
11
12 made under section 26
13
14 (2) In section 22(2):
15 (a) delete "shall have" and insert:
16
17 has
18
19 (b) delete "of the University," and insert:
20
21 made under section 26,
22
23 (3) Delete section 22(3) and insert:
24
25 (3) The University has power to admit any person to an
26 honorary degree.
27
page 114
Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 111
1 111. Section 23 amended
2 (1) In section 23(2) delete "shall hold office at the pleasure of the
3 Senate" and insert:
4
5 holds office
6
7 (2) In section 23(4) delete "him by the Statutes and regulations of
8 the University." and insert:
9
10 the Vice-Chancellor by the Statutes and the regulations made
11 under section 26.
12
13 (3) Delete section 23(5) and (6) and insert:
14
15 (5) Subject to the Statutes and the regulations made under
16 section 26, the Vice-Chancellor may, in writing,
17 delegate any function, or any power or duty conferred
18 or imposed on the Vice-Chancellor, to any person or
19 committee of persons.
20
21 112. Part 4 heading inserted
22 After section 23 insert:
23
24 Part 4 -- By-laws, Statutes and regulations
25
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 113
1 113. Section 24 amended
2 (1) Before section 24(1) insert:
3
4 (1A) In this section --
5 authorised person means --
6 (a) a police officer; or
7 (b) a person authorised under subsection (1B) to be
8 an authorised person for the purposes of the
9 subsection in which the term is used;
10 contractor means --
11 (a) an individual who works under a contract for
12 services for the University; or
13 (b) an employee of a body that provides services to
14 the University under a contract.
15 (1B) The Vice-Chancellor may, in writing --
16 (a) designate a member of the staff of the
17 University to be an authorised person for the
18 purposes of any or all of subsection (7)(ab), (b)
19 or (bb); and
20 (b) authorise a contractor to be an authorised
21 person for the purposes of any or all of
22 subsection (7)(ab), (b) or (bb); and
23 (c) revoke a designation or authorisation made
24 under this subsection.
25 (1C) A designation or authorisation of a person under
26 subsection (1B) ceases to have effect if --
27 (a) the designation or authorisation is revoked; or
28 (b) the person ceases to be a member of the staff of
29 the University or a contractor.
30
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 113
1 (2) In section 24(1)(d) delete "$50" and insert:
2
3 $1 000
4
5 (3) In section 24(3) delete "persons authorised in writing by the
6 Senate, or any police officer, -- " and insert:
7
8 an authorised person --
9
10 (4) Delete section 24(4), (5) and (6).
11 (5) In section 24(7):
12 (a) delete "for --" and insert:
13
14 for any of the following purposes --
15
16 (b) in paragraph (b) delete "a person authorised under that
17 by-law" and insert:
18
19 an authorised person
20
21 (c) in paragraph (bb) delete "his further powers in relation
22 thereto," and insert:
23
24 further powers of the authorised person in relation to the
25 removal of vehicles,
26
27 (d) in paragraph (ha) delete "he" and insert:
28
29 the person
30
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 114
1 (e) in paragraph (i) delete "property; and" and insert:
2
3 property;
4
5 (f) in paragraph (j) delete "any police constable or officer or
6 servant of the University;" and insert:
7
8 an authorised officer and
9
10 (g) in paragraph (j) delete "lands, and the enforcement of
11 the by-laws." and insert:
12
13 lands;
14
15 (h) after paragraph (j) insert:
16
17 (k) the enforcement of the by-laws.
18
19 (6) In section 24(10):
20 (a) delete "him" and insert:
21
22 the student
23
24 (b) delete "he" and insert:
25
26 the student
27
28 114. Section 25 amended
29 (1) Delete section 25(1), (2) and (3).
page 118
Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 115
1 (2) In section 25(4):
2 (a) in paragraph (i) delete "officers and servants" and insert:
3
4 and officers and employees
5
6 (b) delete paragraphs (j) and (k);
7 (c) in paragraph (l) delete "Senate, Convocation" and insert:
8
9 Senate
10
11 (d) after paragraph (s) insert:
12
13 (ta) an annual amenities and services fee in
14 accordance with section 20A;
15 (tb) the matters required by section 20B to be
16 defined or prescribed by Statute;
17
18 115. Sections 26A and 26B inserted
19 After section 25 insert:
20
21 26A. Approval, publication, disallowance and proof of
22 Statutes and by-laws
23 (1) A Statute or by-law made by the Senate --
24 (a) must be sealed with the common seal of the
25 University; and
26 (b) must be submitted to the Governor for
27 approval; and
28 (c) if approved by the Governor, must be published
29 in the Gazette; and
30 (d) takes effect on the later of --
31 (i) the day after publication in the Gazette;
32 or
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 116
1 (ii) if a later day is specified for that
2 purpose in the Statute, that day.
3 (2) The Interpretation Act 1984 section 42 applies to a
4 Statute or by-law approved and published under
5 subsection (1) as if the Statute were a regulation.
6 (3) In any proceedings in any court or before any person
7 acting judicially, any of the following is sufficient
8 evidence of a Statute --
9 (a) a copy of the Statute or the by-law under the
10 common seal of the University;
11 (b) a document purporting to be a copy of the
12 Statute or the by-law and to have been printed
13 by the Government Printer;
14 (c) a copy of the Gazette purporting to contain a
15 copy of the Statute or the by-law.
16 26B. Statutes and by-laws to be made readily available to
17 public
18 (1) The Senate must ensure that the following are readily
19 available to the public by whatever means the Senate
20 considers appropriate --
21 (a) all Statutes and by-laws approved and
22 published under section 26A(1);
23 (b) all Statutes and by-laws that are in effect
24 immediately before the Universities Legislation
25 Amendment Act 2016 section 115 comes into
26 operation.
27 (2) Publication in the Gazette is not sufficient compliance
28 with subsection (1).
29 (3) Subsection (1) ceases to apply to a Statute once it
30 ceases to be in effect.
31
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 116
1 116. Section 26 amended
2 (1) In section 26(1) delete "servants" and insert:
3
4 employees
5
6 (2) In section 26(2):
7 (a) delete "Pro-Chancellor," and insert:
8
9 Deputy Chancellor,
10
11 (b) delete "servant" and insert:
12
13 employee
14
15 Note: The heading to amended section 26 is to read:
16 Regulations made by Senate
17 117. Section 27 replaced
18 Delete section 27 and insert:
19
20 28A. Regulations made by Governor
21 (1) The Governor, on the recommendation of the Minister,
22 may make regulations prescribing all matters that are
23 required or permitted by this Act to be prescribed, or
24 are necessary or convenient to be prescribed for giving
25 effect to the purposes of this Act.
26 (2) Before making a recommendation under subsection (1),
27 the Minister must consult with the Senate.
28
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 118
1 118. Part 5 heading and Part 5 Division 1 heading inserted
2 Before section 28 insert:
3
4 Part 5 -- University lands and financial
5 provisions
6 Division 1 -- Vesting of lands in University
7
8 119. Part 5 Division 2 heading inserted
9 After section 28 insert:
10
11 Division 2 -- Financial provisions and dealings in land
12
13 120. Section 29 amended
14 (1) In section 29(1):
15 (a) delete paragraphs (b) and (c);
16 (b) delete paragraph (f) and insert:
17
18 (f) may grant leases of University land for any
19 term not exceeding 21 years;
20 (ga) may, with the approval of the Minister, grant
21 leases of University land for a term that
22 exceeds 21 years but does not exceed 99 years;
23 (gb) may enter into business arrangements;
24
25 (c) in paragraph (g) delete "sale;" and insert:
26
27 sale.
28
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 121
1 (d) delete paragraph (h).
2 (2) Delete section 29(2) and (3).
3 121. Section 30A inserted
4 After section 29 insert:
5
6 30A. Exemption from rate or tax
7 (1) No rate may be charged or levied on University land.
8 (2) Subsection (1) does not operate to exempt University
9 land if it is leased to or occupied by any person --
10 (a) for any private purpose; or
11 (b) for a commercial purpose (as defined in
12 section 32E) under an approval granted under
13 section 32M.
14 (3) The Land Tax Assessment Act 2002 section 33 provides
15 an exemption from land tax in respect of land owned
16 by, vested in or held in trust for the University, in the
17 circumstances set out in that section.
18
19 122. Section 31 amended
20 (1) In section 31(2):
21 (a) in paragraph (a) delete "such rate as the Governor from
22 time to time approves;" and insert:
23
24 the rate approved by the Minister;
25
page 123
Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 123
1 (b) in paragraph (b) delete "shall be repaid shall be such
2 number as the Governor approves but in any case shall
3 not" and insert:
4
5 are to be repaid is the number approved by the Minister,
6 but in any case is not to
7
8
9 (c) in paragraph (d) delete "him" and insert:
10
11 the Treasurer
12
13 (2) In section 31(4) delete "land vested in the University." and
14 insert:
15
16 University land.
17
18 123. Section 32 replaced
19 Delete section 32 and insert:
20
21 32A. Borrowing and other ways of raising money
22 (1) In this section --
23 debt paper means inscribed stock, bonds, debentures
24 with coupons annexed, bills of exchange, promissory
25 notes or bearer securities, or other similar instruments
26 evidencing indebtedness.
27 (2) The University may do all or any of the following --
28 (a) borrow money;
29 (b) obtain credit;
30 (c) issue, acquire, hold or dispose of debt paper;
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 123
1 (d) create and issue capital instruments;
2 (e) arrange for financial accommodation to be
3 extended to the University.
4 (3) Capital instruments created and issued by the
5 University under subsection (2)(d) --
6 (a) may be described in any way determined by the
7 University; and
8 (b) are to be created and issued on whatever terms
9 the University determines.
10 (4) The University must keep whatever registers for the
11 purposes of this section as are prescribed by
12 regulations made under section 28A.
13 32B. Notice of borrowing
14 (1) If the University intends to borrow money and seek a
15 guarantee under section 32C in respect of that
16 borrowing, the University must --
17 (a) give the Minister reasonable advance notice of
18 its intention to borrow that money and to seek a
19 guarantee; and
20 (b) notify the Minister of the outcome of the
21 University's application to borrow that money.
22 (2) A liability of the University is not unenforceable or in
23 any way affected by the University's failure to comply
24 with subsection (1).
25 32C. Guarantees
26 (1) The Treasurer, on the Minister's recommendation, may
27 guarantee the performance by the University in the
28 State or elsewhere, of any financial obligation of the
29 University.
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 123
1 (2) A guarantee --
2 (a) is given in the name and on behalf of the State;
3 and
4 (b) must be in the form, and contain the terms and
5 conditions, that the Treasurer determines; and
6 (c) without limiting paragraph (b), must be subject
7 to the condition that the person for whose
8 benefit the guarantee is given must not, without
9 the consent in writing of the Treasurer, assign
10 or encumber the benefit of the guarantee.
11 (3) Before a guarantee is given, the University must --
12 (a) give the Treasurer any security that the
13 Treasurer requires; and
14 (b) execute all instruments that are required for that
15 purpose.
16 (4) Payments made by the Treasurer under a guarantee are
17 to be charged to the Consolidated Account, and this
18 subsection appropriates that Account accordingly.
19 (5) The Treasurer must cause to be credited to the
20 Consolidated Account any amounts received or
21 recovered from the University or otherwise in respect
22 of any payment made by the Treasurer under a
23 guarantee.
24 32D. Charges for guarantee
25 (1) The Treasurer may, from time to time, after
26 consultation with the University, fix charges to be paid
27 by the University in respect of a guarantee under
28 section 32C.
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Universities Legislation Amendment Bill 2016
Murdoch University Act 1973 amended Part 4
s. 123
1 (2) Payments by the University in respect of charges fixed
2 under subsection (1) --
3 (a) must be made at the times, and in the
4 instalments, that the Treasurer determines and
5 notifies to the University; and
6 (b) must be credited to the Consolidated Account.
7 Division 3 -- Leasing University land for commercial
8 purposes
9 Subdivision 1 -- Preliminary
10 32E. Terms used
11 In this Division --
12 advance determination means an advance
13 determination granted under section 32L;
14 approval means an approval granted under
15 section 32M;
16 commercial arrangement means any of the
17 following --
18 (a) a company;
19 (b) a partnership;
20 (c) a trust;
21 (d) a joint venture;
22 (e) an arrangement for sharing profits;
23 (f) an arrangement for sponsorship;
24 commercial purpose means obtaining income for the
25 University through the leasing of University land, if the
26 land is not leased for the purposes of the University or
27 a purpose that is incidental to the purposes of the
28 University;
29 lease includes sublease;
30 limited company has the meaning given in the
31 Corporations Act 2001 (Commonwealth) section 9;
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 123
1 participate includes form, promote, establish, enter
2 into, manage, dissolve and wind up;
3 participate in a commercial arrangement includes --
4 (a) acquire, hold and dispose of shares, units or
5 other interests in, or relating to, a commercial
6 arrangement; and
7 (b) exercise any right conferred on the University
8 to appoint a director of, or hold office in, a
9 commercial arrangement; and
10 (c) do anything incidental to participating in a
11 commercial arrangement;
12 payment agreement means an agreement made under
13 section 32P;
14 university development proposal means a proposal in
15 respect of which the University intends to seek an
16 approval under section 32M to do either or both of the
17 things set out in section 32H(1).
18 32F. Object of this Division
19 The object of this Division is to enable the University
20 to seek and obtain the Minister's approval to lease
21 University land for purposes that would not otherwise
22 be authorised by this Act.
23 32G. Effect of Division on University functions, powers
24 and obligations
25 (1) This Division does not limit --
26 (a) sections 4, 6 and 29; or
27 (b) any function, power, right, privilege, immunity
28 or obligation of the University under --
29 (i) this Act, another written law or a law of
30 the Commonwealth or of another State
31 or a Territory; or
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Murdoch University Act 1973 amended Part 4
s. 123
1 (ii) the principles and rules of common law
2 and equity to the extent that they have
3 effect in this State from time to time.
4 (2) Nothing in this Division is to be taken to impose any
5 requirement on the University to seek or obtain the
6 Minister's approval to lease any University land.
7 (3) Nothing in this Division affects the University's
8 obligation under section 29(1)(ga) to obtain the
9 Minister's approval to the grant of a lease for a term
10 that exceeds 21 years.
11 Subdivision 2 -- Power to lease University land for
12 commercial purposes
13 32H. University may lease University land for
14 commercial purposes with Ministerial approval
15 (1) With the approval of the Minister, the University
16 can --
17 (a) enter into a transaction that has a commercial
18 purpose; or
19 (b) participate, in the State or elsewhere, in any
20 commercial arrangement that has a commercial
21 purpose.
22 (2) An approval can authorise the University to enter into a
23 transaction, or participate in a commercial
24 arrangement, either --
25 (a) directly; or
26 (b) through a wholly-owned subsidiary (as defined
27 in the Corporations Act 2001 (Commonwealth)
28 section 9) of the University.
29 (3) An approval to lease University land can be granted on
30 the basis that subleases of that land (whether all
31 subleases, or only subleases of a particular class or
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Part 4 Murdoch University Act 1973 amended
s. 123
1 granted in particular circumstances) can be granted
2 without the need to seek or obtain an approval to the
3 granting of those subleases.
4 (4) Subsection (3) is subject to any conditions attached to
5 the approval.
6 (5) An approval --
7 (a) confers power, for the purposes of this Act, on
8 the University to do the thing authorised by the
9 approval; but
10 (b) does not exempt the University or any other
11 person from compliance with, or authorise the
12 University or any other person to do or omit to
13 do anything contrary to --
14 (i) any other written law or any law of the
15 Commonwealth or of another State or a
16 Territory; or
17 (ii) any obligation of the University or any
18 other person, however that obligation
19 arises.
20 32I. Effect of approval to lease University land
21 (1) To the extent that an approval authorises the University
22 to lease University land, land leased in accordance with
23 the approval is to be taken to be used for the purposes
24 of the University or for purposes incidental to the
25 purposes of the University for the purposes of --
26 (a) compliance with any conditions, restrictions or
27 limitations (however arising) attaching to the
28 vesting of that land in the University or the
29 holding, care, control or management, by the
30 University, of that land; and
31 (b) any provision of any written law that specifies
32 that something is to happen or not to happen, or
33 provides for some other consequence, if that
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1 land is not used, or ceases to be used, for the
2 purposes of the University or for purposes
3 incidental to the purposes of the University.
4 (2) The Land Tax Assessment Act 2002 section 33
5 overrides this section.
6 32J. Approval in principle of university development
7 proposal
8 (1) The University may apply to the Minister for the
9 approval in principle of a university development
10 proposal.
11 (2) The university development proposal submitted for
12 approval in principle must describe what the University
13 intends to seek an approval under section 32M for,
14 including --
15 (a) details of the University land that is to be
16 leased; and
17 (b) the purpose for which the land is to be leased.
18 (3) If the University applies for an approval in principle --
19 (a) the application must be made in the manner and
20 form, and contain the information, that the
21 Minister requires; and
22 (b) the Minister may request the University to
23 provide any additional information that the
24 Minister considers necessary for the proper
25 consideration of the application; and
26 (c) the Minister may grant or refuse to grant the
27 approval in principle.
28 (4) The Minister must --
29 (a) notify the University in writing of the
30 Minister's decision on the application; and
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1 (b) if the decision is to refuse to grant the approval
2 in principle, include in that notification the
3 reasons for the refusal.
4 32K. Application for advance determination of approval
5 (1) The University may apply to the Minister for a
6 determination that, if an application is made for an
7 approval under section 32M in relation to a university
8 development proposal, the approval will be granted.
9 (2) In order to apply for an advance determination, it is not
10 necessary that the University has applied for or
11 obtained an approval in principle under section 32J in
12 relation to the university development proposal.
13 (3) The university development proposal submitted for
14 advance determination must describe the transaction or
15 commercial arrangement for which the University
16 intends to seek an approval under section 32M,
17 including --
18 (a) details of the University land that is to be
19 leased; and
20 (b) the purpose for which the land is to be leased;
21 and
22 (c) the financial details of the proposal, including
23 the amount of the investment to be made by the
24 University, the proposed lessee and any other
25 parties involved.
26 (4) If approval in principle was previously obtained under
27 section 32J in relation to the proposal, the application
28 for the advance determination must identify any
29 material difference between the proposal approved in
30 principle and the proposal submitted for advance
31 determination.
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Murdoch University Act 1973 amended Part 4
s. 123
1 (5) If the University applies for an advance
2 determination --
3 (a) the application --
4 (i) must be made in the manner and form,
5 and contain the information, that the
6 Minister requires; and
7 (ii) if required by the Minister, must be
8 accompanied by a payment agreement;
9 and
10 (b) the Minister may request the University to
11 provide any additional information that the
12 Minister considers necessary for the proper
13 consideration of the application.
14 32L. Advance determination of approval
15 (1) If the University applies under section 32K for an
16 advance determination in relation to a university
17 development proposal, the Minister may grant or refuse
18 to grant the advance determination.
19 (2) The Minister must grant the advance determination
20 if --
21 (a) approval in principle was previously obtained
22 under section 32J in relation to the proposal;
23 and
24 (b) the Minister is satisfied that, in respect of the
25 matters referred to in section 32J(2)(a) and (b),
26 there is no material difference between the
27 proposal approved in principle and the proposal
28 submitted for advance determination; and
29 (c) the Minister is satisfied with the application
30 submitted in relation to the proposal.
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Part 4 Murdoch University Act 1973 amended
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1 (3) The Minister must --
2 (a) notify the University in writing of the
3 Minister's decision on the application; and
4 (b) if the decision is to refuse to grant the advance
5 determination, include in that notification the
6 reasons for the refusal.
7 (4) In granting an advance determination, the Minister may
8 specify a time after which the advance determination
9 lapses.
10 (5) Before the advance determination lapses, the Minister
11 may, at the request of the University, by notice in
12 writing to the University, extend the period for which
13 the advance determination is to be in force.
14 32M. Approvals
15 (1) The University may apply to the Minister for approval
16 to do either or both of the things set out in
17 section 32H(1).
18 (2) If the University applies for an approval --
19 (a) the application --
20 (i) must be made in the manner and form,
21 and contain the information, that the
22 Minister requires; and
23 (ii) if required by the Minister, must be
24 accompanied by a payment agreement;
25 and
26 (b) the Minister may request the University to
27 provide any additional information that the
28 Minister considers necessary for the proper
29 consideration of the application.
30 (3) In order to apply for an approval, it is not necessary
31 that the University has applied for or obtained an
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Murdoch University Act 1973 amended Part 4
s. 123
1 approval in principle under section 32J, or an advance
2 determination, in relation to the matter for which the
3 approval is sought.
4 (4) The Minister may grant or refuse to grant the approval.
5 (5) However, the Minister must grant the approval if the
6 Minister is satisfied that --
7 (a) an advance determination granted under
8 section 32L is in force in respect of the matter
9 for which the approval is sought; and
10 (b) there is no material deviation from the
11 application for the advance determination.
12 (6) For the purposes of subsection (5)(b), there is a
13 material deviation from the application for the advance
14 determination if any of the following changes have
15 occurred --
16 (a) the total area of University land that is to be
17 leased has increased by 20% or more;
18 (b) the amount of the investment to be made by the
19 University has increased or decreased by 20%
20 or more.
21 32N. Notification of decision on application for approval
22 (1) The Minister must --
23 (a) notify the University in writing of the
24 Minister's decision on an application for an
25 approval; and
26 (b) if the decision is to refuse to grant the approval,
27 include in that notification the reasons for the
28 refusal.
29 (2) The Minister may attach conditions to an approval, and
30 those conditions must be specified in the approval.
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Part 4 Murdoch University Act 1973 amended
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1 32O. Alteration of approval
2 (1) The Minister may, at the request of the University, vary
3 or revoke the conditions attached to an approval or
4 attach new or additional conditions.
5 (2) The Minister cannot make changes to the terms of an
6 approval under subsection (1) unless the University
7 agrees to the changes, but --
8 (a) the Minister is not obliged to make any or all of
9 the changes requested by the University; and
10 (b) the Minister may propose variations,
11 alternatives or additions to the changes
12 requested by the University; and
13 (c) the Minister may refuse to change the terms of
14 an approval unless the University agrees to
15 variations, alternatives or additions proposed by
16 the Minister.
17 32P. Payment agreements
18 (1) In this section --
19 regulations means regulations made under
20 section 28A.
21 (2) If the University intends to apply for an advance
22 determination or an approval, the Minister may enter
23 into a written agreement with the University for the
24 University to reimburse the State for the reasonable
25 costs and expenses incurred by the Minister in
26 considering the application.
27 (3) If permitted by the regulations, those costs and
28 expenses may include the reasonable costs and
29 expenses incurred by, or by the Minister on behalf of,
30 any person or body appointed to consider and report to
31 the Minister on the application.
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Murdoch University Act 1973 amended Part 4
s. 123
1 (4) Regulations may make provision for and in relation to
2 a payment agreement, including in connection with --
3 (a) the ambit of an agreement;
4 (b) the making of an agreement;
5 (c) the costs and expenses to be paid under an
6 agreement, including as to the method of
7 calculating the costs and expenses;
8 (d) the methods for resolving any dispute about the
9 costs and expenses that are to be paid under the
10 agreement.
11 32Q. Minister may delegate functions under this Division
12 (1) In this section --
13 Department means the Department of the Public
14 Service principally assisting the Minister in the
15 administration of this Act.
16 (2) The Minister may delegate to the chief executive
17 officer of the Department all or any of the functions
18 that the Minister has under this Division, other than
19 this power of delegation.
20 (3) A delegation made under subsection (2) must be in
21 writing signed by the Minister.
22 (4) If the chief executive officer performs a function that
23 has been delegated to the chief executive officer under
24 this section, the chief executive officer is to be taken to
25 do so in accordance with the terms of the delegation
26 unless the contrary is shown.
27 (5) Nothing in this section limits the ability of the Minister
28 to perform a function through an officer or agent.
29 Division 4 -- Miscellaneous
30
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Part 4 Murdoch University Act 1973 amended
s. 124
1 124. Section 33 amended
2 In section 33(1) delete "servants" and insert:
3
4 employees
5
6 125. Part 6 inserted
7 At the end of the Act:
8
9 Part 6 -- Validation and transitional provisions
10 Division 1 -- Validations
11 35. Certain leases of University land validated
12 (1) In this section --
13 commencement day means the day on which the
14 Universities Legislation Amendment Act 2016
15 section 89 comes into operation;
16 relevant lease means a lease referred to in
17 subsection (2);
18 university purposes means the purposes of the
19 University or purposes incidental to the purposes of the
20 University;
21 University's South Street campus means Lot 610 on
22 Deposited Plan 75377 being the whole of the land
23 comprised in certificate of title volume 2812 folio 355.
24 (2) For the purposes of this section, each lease set out in
25 the Table is a relevant lease.
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Murdoch University Act 1973 amended Part 4
s. 125
1 Table
Item Parties to Description of Date of
lease interest leased commencement
of lease
1. Murdoch A lease of 3 November 1996
University and approximately 8,887
Winthrop square metres of land
Baptist on the University's
College Inc South Street campus
2. Murdoch A lease of 12 June 2002
University and approximately 3,773
Somerville square metres of land
Baptist on the University's
College Inc South Street campus
3. Murdoch A lease of 1 May 2011
University and approximately 868
Serco square metres of land
Australia Pty on the University's
Ltd South Street campus
4. Murdoch A lease of 650 square 1 July 2009
University and metres on the third
the Minister floor of Building 390,
for Health Discovery Way on the
University's South
Street campus
5. Murdoch A lease of 1 December 1988
University and approximately 20,160
the State square metres of land
Animal on the University's
Resource South Street campus
Authority
6. Murdoch A lease of 1 November 2005
University and approximately 3,360
Wesfarmers square metres of land
Energy Ltd on the University's
South Street campus
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Universities Legislation Amendment Bill 2016
Part 4 Murdoch University Act 1973 amended
s. 125
Item Parties to Description of Date of
lease interest leased commencement
of lease
7. Murdoch A lease of land 21 May 2009
University and marked L1, L2 and L3
Murdoch on Deposited Plan
Retirement 62329
Services Pty
Ltd
8. Murdoch A lease of land 6 June 2012
University and marked L4 on
Murdoch Deposited Plan 71892
Retirement
Services Pty
Ltd
9. Murdoch A lease of the Low 28 August 2009
Retirement Care (Avalon) Facility
Services Pty of the University's
Ltd and Aged South Street campus
Care Services shown marked C and
Australia Pty D on Deposited Plan
Ltd 63241
10. Murdoch A lease of the High 28 August 2009
Retirement Care Facility of the
Services Pty University's South
Ltd and Aged Street campus shown
Care Services marked A and B on
Australia Pty Deposited Plan 63241
Ltd
11. Murdoch A lease of 30 July 2008
University and approximately 56,500
Campus square metres of land
Living on the University's
Villages South Street campus
Murdoch Pty
Ltd
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Murdoch University Act 1973 amended Part 4
s. 125
1 (3) University land the subject of a relevant lease is to be
2 taken to be, and since the commencement of the
3 relevant lease to have always been, used for university
4 purposes for the purposes of --
5 (a) compliance with any conditions, restrictions or
6 limitations (however arising) attaching to the
7 vesting of the land in the University or the
8 holding, care, control or management, by the
9 University, of that land; and
10 (b) any provision of any written law that specifies
11 that something is to happen or not to happen, or
12 provides for some other consequence, if that
13 land ceases to be used for university purposes.
14 (4) The rights, obligations and liabilities of all persons
15 under a relevant lease are to be taken to be, and since
16 the commencement of the relevant lease to have always
17 been, the same as if the University land the subject of
18 the lease is, and since the commencement of the
19 relevant lease has been, used for university purposes.
20 (5) Anything done, or purportedly done, before
21 commencement day as a result or consequence of, or in
22 reliance on or in relation to, a relevant lease is to be
23 taken to be, and to have always been, as valid and
24 effective as it would have been if the University land
25 the subject of the relevant lease were used for
26 university purposes when the thing was done or
27 purportedly done.
28 (6) In subsection (5) a reference to the doing of anything
29 includes a reference to an omission to do anything.
30 (7) A relevant lease is, and is taken always to have been, as
31 valid as if --
32 (a) any approval of the lease required under
33 section 29(1)(f) as in force immediately before
34 commencement day had been obtained; and
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Part 4 Murdoch University Act 1973 amended
s. 125
1 (b) any requirement under the Land Administration
2 Act 1997 section 75 for the written permission
3 of the Minister responsible for the
4 administration of that Act to be obtained for the
5 transfer of the interest under the lease had been
6 complied with.
7 Division 2 -- Transitional provisions for Universities
8 Legislation Amendment Act 2016
9 36. Term used: commencement day
10 In this Division --
11 commencement day means the day on which the
12 Universities Legislation Amendment Act 2016
13 section 89 comes into operation.
14 37. Transitional provisions (Senate)
15 (1) This section applies despite the amendments made to
16 section 12 by the Universities Legislation Amendment
17 Act 2016 section 99.
18 (2) Any person who, immediately before commencement
19 day, holds office under section 12 (as in effect
20 immediately before commencement day) as an
21 appointed or nominated or elected member of the
22 Senate --
23 (a) continues in office --
24 (i) under and subject to Part 3; and
25 (ii) for the balance of the person's term of
26 office remaining immediately before
27 commencement day;
28 but
29 (b) vacates office before then in the circumstances
30 set out in section 15 as that section is in effect
31 immediately before commencement day.
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Murdoch University Act 1973 amended Part 4
s. 126
1 (3) If a question arises under this section as to the balance
2 of a person's term of office remaining immediately
3 before commencement day, the question is to be
4 determined by the Minister.
5 38. Transitional provisions (guarantees)
6 A guarantee given under section 32 (as in effect
7 immediately before commencement day) and in force
8 immediately before commencement day continues as if
9 it had been given under section 32C.
10 39. Transitional provisions (Statutes and by-laws)
11 (1) In this section --
12 commencement day means the day on which the
13 Universities Legislation Amendment Act 2016
14 section 117 comes into operation;
15 former section 27 means section 27 as in effect
16 immediately before it was deleted by the Universities
17 Legislation Amendment Act 2016 section 117.
18 (2) Section 26A(2) does not apply to or in relation to any
19 Statute or by-law made and published in the Gazette
20 before commencement day, and former section 27
21 applies instead as if the former section 27 had not been
22 deleted.
23 (3) If a Statute or by-law has been made but not published
24 in the Gazette before commencement day --
25 (a) section 26A(2) does not apply to and in relation
26 to that Statute; and
27 (b) former section 27 applies instead as if the
28 former section 27 had not been deleted.
29
30 126. Schedule 1 clause 5 deleted
31 Delete Schedule 1 clause 5.
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Part 4 Murdoch University Act 1973 amended
s. 127
1 127. Schedule 1 clause 6 amended
2 In Schedule 1 clause 6 delete "or 5 or both of them do not" and
3 insert:
4
5 does not
6
7 Note: The heading to amended clause 6 is to read:
8 Minister may declare clause 3 inapplicable
page 144
Universities Legislation Amendment Bill 2016
University of Notre Dame Australia Act 1989 amended Part 5
s. 128
1 Part 5 -- University of Notre Dame Australia
2 Act 1989 amended
3 128. Act amended
4 This Part amends the University of Notre Dame Australia
5 Act 1989.
6 129. Section 15C amended
7 In section 15C(3) delete "2/3" and insert:
8
9 two-thirds
10
11 130. Section 25 amended
12 Delete section 25(1) and insert:
13
14 (1) The University is not a State agency or State
15 instrumentality or public statutory body.
16
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Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 131
1 Part 6 -- University of Western Australia
2 Act 1911 amended
3 131. Act amended
4 This Part amends the University of Western Australia Act 1911.
5 132. Section 2 replaced
6 Delete section 2 and insert:
7
8 2. Terms used
9 In this Act --
10 casual vacancy means a vacancy arising in the office
11 of a member of the Senate otherwise than by reason of
12 the effluxion of time;
13 Convocation means Convocation of the University;
14 regulations means regulations made by the Senate
15 under section 16E;
16 residential accommodation --
17 (a) means any form of accommodation (including,
18 without limitation, a residential college, hostel,
19 hall of residence or form of independent
20 living); and
21 (b) includes facilities that are --
22 (i) ancillary to residential accommodation;
23 and
24 (ii) primarily for the use of staff of the
25 University, or students, or both;
26 Senate means the Senate of the University;
27 Statutes means Statutes of the University made under
28 this Act;
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 133
1 student means a person enrolled in the University as a
2 student;
3 Student Guild means the Student Guild referred to in
4 section 28(1);
5 University means the University of Western Australia;
6 University lands --
7 (a) means the land being Reserve 17331 leased to
8 the University under Crown Lease 195321 and
9 any other land vested in, held by, leased to or
10 under the care, control and management of the
11 University for the purposes of this Act; and
12 (b) includes all buildings, structures and erections
13 of any kind (whether permanent or temporary)
14 on that land.
15
16 133. Section 4 replaced
17 Delete section 4 and insert:
18
19 4. University to consist of Senate, Convocation, staff
20 and students
21 The University consists of a Senate, Convocation, staff
22 and students.
23
24 134. Section 7 amended
25 Delete section 7(1) and insert:
26
27 (1) The Governor is the Visitor of the University, and has
28 the functions that Visitors usually have.
29
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Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 135
1 135. Section 8 amended
2 (1) Delete section 8(1) and (2) and insert:
3
4 (1) The Senate consists of the following members --
5 (a) 3 persons appointed by the Governor on the
6 recommendation of the Minister;
7 (b) one person who is a member of the
8 non-academic salaried staff of the University,
9 and who is elected by the non-academic
10 salaried staff of the University in the manner
11 prescribed by regulations;
12 (c) one person who is a member of the academic
13 staff of the University and who is elected by the
14 academic staff of the University in the manner
15 prescribed by regulations;
16 (d) the Chancellor ex officio;
17 (e) the Chair of the Academic Board of the
18 University, as established under Statute;
19 (f) the Vice-Chancellor of the University
20 ex officio;
21 (g) 2 persons who are students --
22 (i) one of whom is an undergraduate
23 student and who is elected by the
24 undergraduate students in the manner
25 prescribed by regulations; and
26 (ii) one of whom is a postgraduate research
27 student and who is elected by the
28 postgraduate research students in the
29 manner prescribed by regulations;
30 (h) 2 persons who are members of Convocation
31 and who are elected by Convocation in the
32 manner prescribed by Statute;
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 136
1 (i) not more than 5 persons coopted as members of
2 the Senate by the Senate.
3 (2) The fact that a person holds an elective office (for
4 example, an elective office of the Student Guild) does
5 not disqualify that person from being appointed or
6 holding office under subsection (1).
7
8 (2) After section 8(3) insert:
9
10 (3A) A person who is a member of the staff of the
11 University is not eligible to be a member of the Senate
12 under subsection (1)(h).
13
14 (3) Delete section 8(5) and insert:
15
16 (5) At least 4 members of the Senate must be graduates of
17 the University.
18
19 136. Section 9 replaced
20 Delete section 9 and insert:
21
22 9A. Nominations Committee
23 (1) The Senate must establish and maintain a committee of
24 the Senate called the Nominations Committee.
25 (2) The Nominations Committee is to consist of not more
26 than 6 members of the Senate appointed by the Senate.
27 (3) The following members are not eligible to be appointed
28 to the Nominations Committee --
29 (a) the Vice-Chancellor;
30 (b) the member referred to in section 8(1)(b);
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Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 136
1 (c) the member referred to in section 8(1)(c);
2 (d) the members referred to in section 8(1)(g);
3 (e) the members referred to in section 8(1)(h);
4 (f) the Chair of the Academic Board of the
5 University.
6 (4) The functions of the Nominations Committee are --
7 (a) to maintain lists of persons who are eligible and
8 willing to be appointed to any vacancy or
9 casual vacancy in the office of any member of
10 the Senate who is appointed by the Governor or
11 the Senate;
12 (b) to recommend to the Minister suitable
13 candidates for appointment to a vacancy or
14 casual vacancy in the office of any member of
15 the Senate who is appointed under
16 section 8(1)(a);
17 (c) to recommend to the Senate suitable candidates
18 for appointment by cooption under
19 section 8(1)(i).
20 (5) The fact that the Nominations Committee or the Senate
21 has not recommended a person for appointment under
22 section 8(1) does not prevent the person from being
23 appointed or holding office under section 8(1).
24 (6) The Nominations Committee may regulate its own
25 procedure, but it must comply with any direction given
26 by the Senate.
27 9. Terms of members
28 (1) Subject to section 11, the term of office of a member of
29 the Senate referred to in section 8(1)(a) or (i) is 3 years
30 from the date of the appointment of the member or the
31 date the member is coopted as a member.
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 137
1 (2) Subject to section 11, the term of office of a member of
2 the Senate referred to in section 8(1)(b), (c) or (h) is
3 3 years from the date their election takes effect.
4 (3) Subject to section 11, the term of office of a member of
5 the Senate referred to in section 8(1)(g) is one year
6 from the date their election takes effect.
7 (4) A member of the Senate, other than a member referred
8 to in section 8(1)(g), is not eligible to be reappointed or
9 re-elected on the expiry of a third successive term of
10 office until 12 months have elapsed after that expiry.
11 (5) A member of the Senate referred to in section 8(1)(g) is
12 not eligible for re-election more than once.
13 (6) The Senate may, in the case of a particular member of
14 the Senate, increase the number of successive terms
15 that member may have under subsection (4) if the
16 Senate is of the view that there are exceptional
17 circumstances in that member's case.
18
19 137. Section 11 replaced
20 Delete section 11 and insert:
21
22 11. People disqualified from being Chancellor,
23 Pro-Chancellor or Senate member
24 A person must not be appointed or continue to hold
25 office as Chancellor, Pro-Chancellor or a member of
26 the Senate if the person --
27 (a) is, according to the Interpretation Act 1984
28 section 13D, a bankrupt or a person whose
29 affairs are under insolvency laws; or
30 (b) is removed from office by the Senate under
31 section 11A; or
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Part 6 University of Western Australia Act 1911 amended
s. 138
1 (c) is, or becomes, disqualified from managing
2 corporations under the Corporations Act 2001
3 (Commonwealth) Part 2D.6; or
4 (d) has been convicted of an offence and sentenced
5 to a term of imprisonment, unless the person
6 has been pardoned or has completed the term of
7 imprisonment; or
8 (e) ceases to hold the qualification required to be
9 held by the person for appointment as a
10 member of the Senate; or
11 (f) is a person in respect of whom an
12 administration order is in force under the
13 Guardianship and Administration Act 1990
14 Part 6.
15
16 138. Section 11A amended
17 In section 11A(3) delete "2/3" and insert:
18
19 two-thirds
20
21 139. Section 11B inserted
22 After section 11A insert:
23
24 11B. Remuneration and allowances for Senate members
25 (1) A member of the Senate is entitled to be paid the
26 remuneration (if any) and allowances (if any)
27 determined by the Salaries and Allowances Tribunal
28 under the Salaries and Allowances Act 1975.
29 (2) Any remuneration and allowances payable --
30 (a) are expenditure for the purposes of the
31 University; and
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 140
1 (b) are to be paid out of the funds of the University.
2
3 140. Section 12 amended
4 (1) In section 12(3) delete "4 years," and insert:
5
6 3 years,
7
8 (2) In section 12(4) delete "12 years." and insert:
9
10 9 years.
11
12 (3) Delete section 12(5) and insert:
13
14 (5) If the Chancellor is elected from among the members
15 of the Senate, the election creates a casual vacancy in
16 the office of member of the Senate.
17
18 141. Section 12A amended
19 (1) In section 12A(2) delete "4 years," and insert:
20
21 3 years,
22
23 (2) In section 12A(3)(a) delete "12 years; and" and insert:
24
25 9 years; and
26
page 153
Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 142
1 142. Section 13 amended
2 In section 13:
3 (a) delete "Act" and insert:
4
5 Act, any relevant written law, any relevant industrial
6 award or industrial agreement
7
8 (b) delete "servants" and insert:
9
10 employees
11
12 143. Section 15 replaced
13 Delete section 15 and insert:
14
15 15. Leasing University lands
16 (1) In this section --
17 lease includes a sublease.
18 (2) The University may grant a lease of any University
19 lands for a term not exceeding 21 years.
20 (3) The University may, with the approval of the
21 Minister --
22 (a) grant a lease of any University lands for a term
23 that exceeds 21 years but does not exceed
24 99 years; or
25 (b) mortgage any University lands.
26
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 144
1 144. Section 15A amended
2 (1) In section 15A(3B) delete "Governor shall approve." and insert:
3
4 Minister approves.
5
6 (2) In section 15A(3C) delete "shall be repaid shall be such number
7 as the Governor shall approve, but in any case shall not" and
8 insert:
9
10 are to be repaid is the number approved by the Minister, but in
11 any case is not to
12
13 (3) In section 15A(3E) delete "him" and insert:
14
15 the Treasurer
16
17 (4) After section 15A(5) insert:
18
19 (6) Sections 15B, 15C and 15D do not affect or apply to
20 trust moneys used and applied in the manner provided
21 and authorised by subsection (1).
22
23 145. Section 15B replaced
24 Delete section 15B and insert:
25
26 15B. Borrowing and other ways of raising money
27 (1) In this section --
28 debt paper means inscribed stock, bonds, debentures
29 with coupons annexed, bills of exchange, promissory
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Part 6 University of Western Australia Act 1911 amended
s. 145
1 notes or bearer securities, or other similar instruments
2 evidencing indebtedness.
3 (2) The University may do all or any of the following --
4 (a) borrow money;
5 (b) obtain credit;
6 (c) issue, acquire, hold or dispose of debt paper;
7 (d) create and issue capital instruments;
8 (e) arrange for financial accommodation to be
9 extended to the University.
10 (3) Capital instruments created and issued by the
11 University under subsection (2)(d) --
12 (a) may be described in any way determined by the
13 University; and
14 (b) are to be created and issued on whatever terms
15 the University determines.
16 (4) The University must keep whatever registers for the
17 purposes of this section as are prescribed by
18 regulations made under subsection (5).
19 (5) The Governor may make regulations prescribing
20 registers that are to be kept for the purposes of this
21 section and the keeping of those registers.
22 (6) Nothing in this section or section 15C or 15D affects or
23 applies to trust moneys used and applied in the manner
24 provided and authorised by section 15A(1).
25 15C. Notice of borrowing
26 (1) If the University intends to borrow money and seek a
27 guarantee under section 15D in respect of that
28 borrowing, the University must --
29 (a) give the Minister reasonable advance notice of
30 its intention to borrow that money and to seek a
31 guarantee; and
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 145
1 (b) notify the Minister of the outcome of the
2 University's application to borrow that money.
3 (2) A liability of the University is not unenforceable or in
4 any way affected by the University's failure to comply
5 with subsection (1).
6 15D. Guarantees
7 (1) The Treasurer, on the Minister's recommendation, may
8 guarantee the performance by the University in the
9 State or elsewhere, of any financial obligation of the
10 University.
11 (2) A guarantee --
12 (a) is given in the name and on behalf of the State;
13 and
14 (b) must be in the form, and contain the terms and
15 conditions, that the Treasurer determines; and
16 (c) without limiting paragraph (b), must be subject
17 to the condition that the person for whose
18 benefit the guarantee is given must not, without
19 the consent in writing of the Treasurer, assign
20 or encumber the benefit of the guarantee.
21 (3) Before a guarantee is given, the University must --
22 (a) give the Treasurer any security that the
23 Treasurer requires; and
24 (b) execute all instruments that are required for that
25 purpose.
26 (4) Payments made by the Treasurer under a guarantee are
27 to be charged to the Consolidated Account, and this
28 subsection appropriates that Account accordingly.
29 (5) The Treasurer must cause to be credited to the
30 Consolidated Account any amounts received or
31 recovered from the University or otherwise in respect
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Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 146
1 of any payment made by the Treasurer under a
2 guarantee.
3 15E. Charges for guarantee
4 (1) The Treasurer may, from time to time, after
5 consultation with the University, fix charges to be paid
6 by the University in respect of a guarantee under
7 section 15D.
8 (2) Payments by the University in respect of charges fixed
9 under subsection (1) --
10 (a) must be made at the times, and in the
11 instalments, that the Treasurer determines and
12 notifies to the University; and
13 (b) must be credited to the Consolidated Account.
14 15F. Power of University to provide residential
15 accommodation for staff and students
16 (1) The University may provide residential
17 accommodation for staff of the University, or students,
18 or both.
19 (2) The restrictions imposed by section 15(3) do not apply
20 to the lease of any part of University lands referred to
21 in section 15(3) if the purpose of the lease is the
22 provision of residential accommodation in accordance
23 with this section.
24
25 146. Section 16AA inserted
26 Before section 16A insert:
27 16AA. Authorised persons
28 (1) For the purposes of sections 16A to 16F --
29 authorised person means --
30 (a) a police officer; or
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University of Western Australia Act 1911 amended Part 6
s. 146
1 (b) the Vice-Chancellor; or
2 (c) a member of the staff of the University, or a
3 contractor, who is authorised under
4 subsection (2) for the purposes of the provision
5 of this section in which the term is used;
6 contractor means --
7 (a) an individual who works under a contract for
8 services for the University; or
9 (b) an employee of a body that provides services to
10 the University under a contract;
11 owner, in relation to a vehicle, means a person who is
12 the owner of that vehicle for the purposes of the Road
13 Traffic (Administration) Act 2008.
14 (2) The Vice-Chancellor may, in writing --
15 (a) designate a member of the staff of the
16 University to be an authorised person for the
17 purposes of any or all of section 16A(2)(j) or
18 (k) or (3) or 16C(2); and
19 (b) authorise a contractor to be an authorised
20 person for the purposes of any or all of
21 section 16A(2)(j) or (k) or (3) or 16C(2); and
22 (c) revoke a designation or authorisation made
23 under this subsection.
24 (3) A designation or authorisation of a person under
25 subsection (2) ceases to have effect if --
26 (a) the designation or authorisation is revoked; or
27 (b) the person ceases to be a member of the staff of
28 the University or a contractor.
29
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Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 147
1 147. Section 16A amended
2 (1) Delete section 16A(1) and insert:
3
4 (1) In this section --
5 lands of the University means the lands described in
6 subsection (4) and includes all buildings, structures and
7 erections of any kind (whether permanent or
8 temporary) on that land.
9
10 (2) In section 16A(2):
11 (a) delete "time, with the approval of the Governor," and
12 insert:
13
14 time
15
16 (b) delete "University, hereafter described," and insert:
17
18 University
19
20 (c) in paragraph (d) delete "police constable or an";
21 (d) delete paragraphs (j) and (k) and insert:
22
23 (j) authorise an authorised person to remove from
24 such lands any person guilty of a breach of a
25 by-law and to prohibit the obstruction of an
26 authorised person; and
27 (k) require any person using such lands to give
28 their name and address if required to do so by
29 an authorised person; and
30
31 (e) in paragraph (l) delete "and".
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University of Western Australia Act 1911 amended Part 6
s. 148
1 (3) In section 16A(3):
2 (a) in paragraph (d)(i) delete "his" and insert:
3
4 the owner's
5
6 (b) in paragraph (e) delete "his" and insert:
7
8 the authorised person's
9
10 (c) in paragraph (g) delete "he" and insert:
11
12 the person
13
14 (4) Delete section 16A(7).
15 (5) In section 16A(2) after each of paragraphs (a) to (i) insert:
16
17 and
18
19 148. Sections 16B and 16C replaced
20 Delete sections 16B and 16C and insert:
21
22 16B. Approval, publication, disallowance and proof of
23 by-laws
24 (1) A by-law made by the Senate --
25 (a) must be sealed with the common seal of the
26 University; and
27 (b) must be submitted to the Governor for
28 approval; and
29 (c) if approved by the Governor, must be published
30 in the Gazette; and
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Part 6 University of Western Australia Act 1911 amended
s. 148
1 (d) takes effect on the later of --
2 (i) the day after publication in the Gazette;
3 or
4 (ii) if a later day is specified for that
5 purpose in the by-law, that day.
6 (2) In any proceedings in any court or before any person
7 acting judicially, any of the following is sufficient
8 evidence of a by-law --
9 (a) a copy of the by-law under the common seal of
10 the University;
11 (b) a document purporting to be a copy of the
12 by-law and to have been printed by the
13 Government Printer;
14 (c) a copy of the Gazette purporting to contain a
15 copy of the by-law.
16 16C. Penalties
17 (1) A by-law may impose a penalty not exceeding a fine of
18 $1 000 for any breach or non-observance of the by-law.
19 (2) Proceedings for the recovery of a penalty imposed
20 under a by-law may be taken by an authorised person
21 in the name of the authorised person.
22 (3) All penalties are to be paid to the Senate for the use of
23 the University.
24 16D. By-laws to be made readily available to public
25 (1) The Senate must ensure that the following are readily
26 available to the public by whatever means the Senate
27 considers appropriate --
28 (a) all by-laws approved and published under
29 section 16B(1);
30 (b) all by-laws that are in effect immediately before
31 the Universities Legislation Amendment
32 Act 2016 section 148 comes into operation.
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 149
1 (2) Publication in the Gazette is not sufficient compliance
2 with subsection (1).
3 (3) Subsection (1) ceases to apply to a by-law once it
4 ceases to be in effect.
5
6 149. Section 16E amended
7 (1) In section 16E(1) delete "servants" and insert:
8
9 employees
10
11 (2) In section 16E(2) delete "provisions of section 36 of the
12 Interpretation Act 1918, do not" and insert:
13
14 Interpretation Act 1984 section 42 does not
15
16 150. Section 16F amended
17 In section 16F:
18 (a) delete "Pro-Chancellor, Vice-Chancellor, or Registrar of
19 the University" and insert:
20
21 Pro-Chancellor or Vice-Chancellor
22
23 (b) delete "servant" and insert:
24
25 employee
26
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Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 151
1 151. Section 16G inserted
2 After section 16F insert:
3
4 16G. Delegation by Senate
5 (1) The Senate may in relation to any matter or class of
6 matters, or in relation to any activity or function of the
7 University, by resolution delegate all or any of its
8 powers, authorities, duties and functions under this Act
9 (except its powers in relation to the making of Statutes,
10 regulations and by-laws) to --
11 (a) any member of the Senate; or
12 (b) a committee, council or other body of the
13 University; or
14 (c) any officer of the University.
15 (2) The Senate may by resolution revoke a delegation
16 given under this section.
17 (3) A resolution delegating a power, authority, duty or
18 function may authorise the delegate to further delegate
19 the delegated power, authority, duty or function to a
20 person or body.
21 (4) A subdelegation under this section must be in writing.
22 (5) The Interpretation Act 1984 sections 58 and 59 apply
23 to and in relation to a subdelegation under this section
24 in the same way that they apply to and in relation to a
25 delegation given under this section.
26
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 152
1 152. Section 17 amended
2 Delete section 17(1) and insert:
3
4 (1) Convocation consists of the following persons --
5 (a) members and past members of the Senate;
6 (b) graduates of the University;
7 (c) persons not referred to in paragraph (a) or (b)
8 who were members of Convocation
9 immediately before the coming into operation
10 of the Universities Legislation Amendment
11 Act 2016 section 152;
12 (d) persons who the Senate may, from time to time,
13 admit to be members of Convocation.
14
15 153. Section 18A inserted
16 After section 17 insert:
17
18 18A. Functions of Convocation
19 Convocation has the functions prescribed by Statute.
20
21 154. Section 18 amended
22 After section 18(2) insert:
23
24 (3) The Warden may resign their office by written notice
25 given to the Chancellor.
26
page 165
Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 155
1 155. Sections 19 to 23 replaced
2 Delete sections 19 to 23 and insert:
3
4 19. Resignation
5 (1) A Chancellor, Pro-Chancellor or a member of the
6 Senate described in section 8(1)(a) may resign their
7 office by written notice given to the Minister.
8 (2) Any other member of the Senate may resign their
9 office by written notice given to the Chancellor.
10 20. Vacation of Senate office
11 A member of the Senate vacates office if --
12 (a) the member is or has become disqualified under
13 the provisions of this Act; or
14 (b) the member has, without the leave of the
15 Senate, been absent from all meetings of the
16 Senate held during a period of at least
17 6 months; or
18 (c) the member dies or resigns.
19 22. Casual vacancies
20 If a casual vacancy occurs in the office of a member of
21 the Senate, the vacancy is to be filled in the same
22 manner as if that member's term of office had expired.
23 23. Reappointment
24 Subject to sections 9(4), 12(4) and 12A(3), a person
25 may at any time be reappointed or re-elected to the
26 office of Chancellor, Pro-Chancellor, Warden or
27 member of the Senate, if the person is capable under
28 this Act of holding that office.
29
page 166
Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 156
1 156. Section 24 replaced
2 Delete section 24 and insert:
3
4 23A. Chair of Senate
5 (1) The Chancellor, or in the absence of the Chancellor the
6 Pro-Chancellor, is to preside as the chair of a meeting
7 of the Senate.
8 (2) If the Chancellor and the Pro-Chancellor are not
9 present at a meeting of the Senate, the members of the
10 Senate present at the meeting are to elect a person to
11 preside as the chair of the meeting.
12 24. Chair of Convocation
13 (1) The Warden is to preside as the chair of a meeting of
14 Convocation.
15 (2) If the Warden is not present at a meeting of
16 Convocation, the members of Convocation present at
17 the meeting are to elect a person to preside as the chair
18 of the meeting.
19
20 157. Section 27 amended
21 (1) Delete section 27(1).
22 (2) In section 27(3):
23 (a) delete "by writing under his hand," and insert:
24
25 in writing,
26
27 (b) delete "him" and insert:
28
29 the Vice-Chancellor
30
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Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 158
1 (3) After section 27(3) insert:
2
3 (4) In addition to or instead of the title of Vice-Chancellor,
4 the Vice-Chancellor may use any other title that is --
5 (a) approved by the Senate; or
6 (b) prescribed by Statute, regulation or by-law.
7 (5) The use by the Vice-Chancellor, in accordance with
8 subsection (4), of any title in addition to or instead of
9 the title of Vice-Chancellor does not affect the validity
10 of anything done or omitted to be done by, to or in
11 relation to the Vice-Chancellor.
12
13 Note: The heading to amended section 27 is to read:
14 Vice-Chancellor
15 158. Part 5 heading replaced
16 Delete the heading to Part 5 and insert:
17
18 Part 5 -- Student Guild
19
20 159. Section 28 amended
21 (1) Delete section 28(1) and insert:
22
23 (1) There continues to be a body corporate, to be called the
24 Student Guild.
25 (1A) The Student Guild is the same body corporate that was
26 established under this Act and originally called the
27 Guild of Undergraduates.
28
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 159
1 (2) In section 28(2) and (2a) before "Guild" (each occurrence)
2 insert:
3
4 Student
5
6 (3) In section 28(2c) delete "not being a member of the Guild." and
7 insert:
8
9 being or not being a member of the Student Guild.
10
11 (4) In section 28(3) before "Guild" insert:
12
13 Student
14
15 (5) Delete section 28(4) and insert:
16
17 (4) The Student Guild --
18 (a) has perpetual succession; and
19 (b) is to have a common seal; and
20 (c) may sue and be sued; and
21 (d) subject to the Statutes, may do and suffer all
22 other acts and things that bodies corporate may
23 by law do and suffer.
24
25 (6) In section 28(5), (6) and (7) before "Guild" (each occurrence)
26 insert:
27
28 Student
29
30 Note: The heading to amended section 28 is to read:
31 Student Guild
page 169
Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 160
1 160. Section 28A replaced
2 Delete section 28A and insert:
3
4 28A. Amenities and services fee
5 (1) A Statute made under section 31 may provide for an
6 annual amenities and services fee to be payable by
7 students, and (without limitation) for that purpose
8 may --
9 (a) prescribe the procedures to be followed in
10 setting that fee;
11 (b) prescribe the persons by whom the fee is
12 payable, and exempt or provide for the
13 exemption of persons or classes of persons
14 from payment of the fee;
15 (c) provide for different levels of the fee to be
16 payable by different classes of persons;
17 (d) provide for the reduction, waiver or refund, in
18 whole or in part, of the fee;
19 (e) prescribe how much of the total fees collected
20 is to be paid to the Student Guild;
21 (f) prescribe terms and conditions on which any
22 amount of the total fees collected is to be paid
23 to the Student Guild, including conditions to be
24 met before some or all of the amount may be
25 paid to the Student Guild;
26 (g) provide for the Senate to decide how the
27 amount of the total fees collected (after
28 deducting the amount that is paid to the Student
29 Guild) is to be spent, after consultation by the
30 Senate with the Student Guild.
31 (2) This section does not limit section 31.
32 (3) This section overrides section 38.
33
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 161
1 161. Section 28B amended
2 In section 28B:
3 (a) before "Guild" (each occurrence) insert:
4
5 Student
6
7 (b) before "Guild's" insert:
8
9 Student
10
11 162. Section 29 replaced
12 Delete section 29 and insert:
13
14 29. Courses of study and degrees
15 (1) The Senate may --
16 (a) cause to be provided to students courses of
17 study appropriate to a university, and other
18 tertiary courses; and
19 (b) grant degrees, diplomas and certificates in any
20 branch of knowledge appropriate to a
21 university; and
22 (c) confer honorary degrees or other distinctions on
23 persons approved by the Senate.
24 (2) Subsection (1) is subject to any provision in the
25 Statutes relating to the grant or conferral of a degree,
26 diploma, certificate or other distinction.
27
page 171
Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 163
1 163. Section 30 amended
2 In section 30(2):
3 (a) delete "his" and insert:
4
5 the person's
6
7 (b) delete "Governor" and insert:
8
9 Minister
10
11 164. Section 31 amended
12 (1) Delete section 31(1) and insert:
13
14 (1) The Senate may make Statutes with respect to any of
15 the following matters --
16 (a) the management, good government, and
17 discipline of the University;
18 (b) the use and custody of the common seal;
19 (c) the election of --
20 (i) the Warden;
21 (ii) officers of Convocation or of a
22 committee of Convocation;
23 (d) procedures for meetings of the Senate and
24 Convocation;
25 (e) the tenure of office, and powers and duties of
26 the Vice-Chancellor;
27 (f) the number, manner of appointment and
28 dismissal of deans, professors, lecturers,
29 examiners, and other officers and employees of
30 the University;
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University of Western Australia Act 1911 amended Part 6
s. 164
1 (g) the holding of lectures, classes, and
2 examinations;
3 (h) the promotion and extension of University
4 teaching;
5 (i) the granting of degrees, diplomas, certificates,
6 and honours;
7 (j) the conditions on which degrees, diplomas,
8 certificates, and honours may be granted to
9 students who are not residents of Australia;
10 (k) the granting of fellowships, scholarships,
11 exhibitions, bursaries, and prizes;
12 (l) the admission of students of other universities
13 to any corresponding status or of graduates of
14 other universities to any corresponding degree
15 or diploma without examination;
16 (m) the fees, if any, to be paid for examinations, for
17 the granting of degrees, diplomas, and
18 certificates, and for attendance at the lectures
19 and classes of the University;
20 (n) the annual amenities and services fee in
21 accordance with section 28A;
22 (o) the matters required by section 28B to be
23 specified or prescribed by Statute;
24 (p) the establishment, management, and control of
25 libraries and museums in connection with the
26 University;
27 (q) the establishment by the Senate of residential
28 accommodation for staff of the University, or
29 students, or both, and the management, control
30 and closing of any residential accommodation;
31 (r) the affiliation of residential accommodation for
32 staff of the University, or students, or both,
33 where the residential accommodation is not
34 under the control of the Senate;
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Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 165
1 (s) providing for a scheme of superannuation for
2 the salaried teachers and officers on retirement;
3 (t) the control and investment of the property of
4 the University;
5 (u) classes of membership and conditions or
6 qualifications for membership of the Student
7 Guild;
8 (v) the powers, authorities and obligations of the
9 Student Guild, the use and custody of the
10 common seal of the Student Guild and any
11 other matters necessary or convenient for the
12 effective functioning of that body;
13 (w) academic costume;
14 (x) any other matters not inconsistent with the
15 provisions of this Act.
16
17 (2) In section 31(2) delete "3 months" and insert:
18
19 28 days
20
21 165. Section 33 replaced
22 Delete section 33 and insert:
23
24 33. Approval, publication, disallowance and proof of
25 Statutes
26 (1) A Statute made by the Senate --
27 (a) must be sealed with the common seal of the
28 University; and
29 (b) must be submitted to the Governor for
30 approval; and
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Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 165
1 (c) if approved by the Governor, must be published
2 in the Gazette; and
3 (d) takes effect on the later of --
4 (i) the day after publication in the Gazette;
5 or
6 (ii) if a later day is specified for that
7 purpose in the Statute, that day.
8 (2) The Interpretation Act 1984 section 42 applies to a
9 Statute approved and published under subsection (1) as
10 if the Statute were a regulation.
11 (3) In any proceedings in any court or before any person
12 acting judicially, any of the following is sufficient
13 evidence of a Statute --
14 (a) a copy of the Statute under the common seal of
15 the University;
16 (b) a document purporting to be a copy of the
17 Statute and to have been printed by the
18 Government Printer;
19 (c) a copy of the Gazette purporting to contain a
20 copy of the Statute.
21 34A. Statutes to be made readily available to public
22 (1) The Senate must ensure that the following are readily
23 available to the public by whatever means the Senate
24 considers appropriate --
25 (a) all Statutes approved and published under
26 section 33(1);
27 (b) all Statutes that are in effect immediately before
28 the Universities Legislation Amendment
29 Act 2016 section 164 comes into operation.
30 (2) Publication in the Gazette is not sufficient compliance
31 with subsection (1).
page 175
Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 166
1 (3) Subsection (1) ceases to apply to a Statute once it
2 ceases to be in effect.
3
4 166. Section 34 amended
5 (1) Delete section 34(1) and insert:
6
7 (1) The Senate may make Statutes for --
8 (a) the affiliation to, or connection with, the
9 University of any college or educational
10 institution if the governing body of the college
11 or educational institution consents to the
12 affiliation or connection; and
13 (b) the licensing of persons to provide residential
14 accommodation for staff of the University, or
15 students, or both.
16 (2A) Statutes referred to in subsection (1) may provide for
17 conditions, including the payment of fees, to apply in
18 respect of any of the matters referred to in that
19 subsection.
20
21 (2) In section 34(2) delete "boarding-houses." and insert:
22
23 residential accommodation.
24
25 167. Section 35 amended
26 In section 35(1) delete "he may think." insert:
27
28 the Governor thinks.
29
page 176
Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 168
1 168. Section 36 amended
2 (1) In section 36 delete "No tax or" and insert:
3
4 (1) No
5
6 (2) At the end of section 36 insert:
7
8 (2) The Land Tax Assessment Act 2002 section 33 provides
9 an exemption from land tax in respect of land owned
10 by, vested in or held in trust for the University, in the
11 circumstances set out in that section.
12
13 Note: The heading to amended section 36 is to read:
14 Exemption from rate or tax
15 169. Section 37 deleted
16 Delete section 37.
17 170. Sections 39 and 40 deleted
18 Delete sections 39 and 40.
19 171. Section 42 deleted
20 Delete section 42.
page 177
Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 172
1 172. Part 10 inserted
2 After section 42 insert:
3
4 Part 10 -- Transitional provisions for
5 Universities Legislation Amendment Act 2016
6 43. Term used: commencement day
7 In this Part --
8 commencement day means the day on which the
9 Universities Legislation Amendment Act 2016
10 section 131 comes into operation.
11 44. Transitional provisions (Senate)
12 (1) This section applies despite the amendments made to
13 section 8, and the replacement of section 9 by the
14 Universities Legislation Amendment Act 2016
15 sections 135 and 136.
16 (2) Any person who, immediately before commencement
17 day, holds office under section 8 (as in effect
18 immediately before commencement day) as an
19 appointed or nominated or elected member of the
20 Senate --
21 (a) continues in office --
22 (i) under and subject to Part 4; and
23 (ii) for the balance of the person's term of
24 office remaining immediately before
25 commencement day;
26 but
27 (b) vacates office before then in the circumstances
28 set out in section 20 as that section is in effect
29 immediately before commencement day.
page 178
Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 172
1 (3) For the purposes of subsection (2)(a)(ii), the member
2 who holds office under section 8(1)(e) (as in effect
3 immediately before commencement day) is taken to
4 have a term of office that expires on --
5 (a) 31 December 2016, if the Universities
6 Legislation Amendment Act 2016 section 135
7 comes into operation on or before that date; or
8 (b) the 60th day after the day on which the
9 Universities Legislation Amendment Act 2016
10 section 135 comes into operation, if that section
11 comes into operation after 31 December 2016.
12 (4) If a question arises under this section as to the balance
13 of a person's term of office remaining immediately
14 before commencement day, the question is to be
15 determined by the Minister.
16 45. Transitional provisions (Chancellor and
17 Pro-Chancellor)
18 (1) This section applies despite the amendments made to
19 sections 12 and 12A by the Universities Legislation
20 Amendment Act 2016 sections 140 and 141.
21 (2) The person who, immediately before commencement
22 day, holds office under section 12 (as in effect
23 immediately before commencement day) as
24 Chancellor --
25 (a) continues in office --
26 (i) under and subject to Part 4; and
27 (ii) for the balance of the person's term of
28 office remaining immediately before
29 commencement day;
30 but
31 (b) vacates office before then in the circumstances
32 set out in section 20 as that section is in effect
33 immediately before commencement day.
page 179
Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 172
1 (3) The person who, immediately before commencement
2 day, holds office under section 12A (as in effect
3 immediately before commencement day) as
4 Pro-Chancellor --
5 (a) continues in office --
6 (i) under and subject to Part 4; and
7 (ii) for the balance of the person's term of
8 office remaining immediately before
9 commencement day;
10 but
11 (b) vacates office before then in the circumstances
12 set out in section 20 as that section is in effect
13 immediately before commencement day.
14 46. Transitional provisions (guarantees)
15 A guarantee given under section 15B (as in effect
16 immediately before commencement day) and in force
17 immediately before commencement day continues as if
18 it had been given under section 15D.
19 47. Transitional provisions (by-laws)
20 (1) In this section --
21 former section 16B means section 16B as in effect
22 immediately before it was deleted by the Universities
23 Legislation Amendment Act 2016 section 148.
24 (2) Section 16B(2) does not apply to or in relation to any
25 by-law made and published in the Gazette before
26 commencement day, and former section 16B applies
27 instead as if the former section 16B had not been
28 deleted.
page 180
Universities Legislation Amendment Bill 2016
University of Western Australia Act 1911 amended Part 6
s. 173
1 (3) If a by-law has been made but not published in the
2 Gazette before commencement day --
3 (a) section 16B(2) does not apply to and in relation
4 to that by-law; and
5 (b) former section 16B applies instead as if the
6 former section 16B had not been deleted.
7 48. Transitional provisions (Statutes)
8 (1) In this section --
9 former section 33 means section 33 as in effect
10 immediately before it was deleted by the Universities
11 Legislation Amendment Act 2016 section 165.
12 (2) Section 33(2) does not apply to or in relation to any
13 Statute made and published in the Gazette before
14 commencement day, and former section 33(2) applies
15 instead as if the former section 33 had not been deleted.
16 (3) If a Statute has been made but not published in the
17 Gazette before commencement day --
18 (a) section 33(2) does not apply to and in relation
19 to that Statute; and
20 (b) former section 33(2) applies instead as if the
21 former section 33 had not been deleted.
22
23 173. Schedule 1 clause 5 deleted
24 Delete Schedule 1 clause 5.
page 181
Universities Legislation Amendment Bill 2016
Part 6 University of Western Australia Act 1911 amended
s. 174
1 174. Schedule 1 clause 6 amended
2 In Schedule 1 clause 6(1) delete "or 5 or both of them do not" and
3 insert:
4
5 does not
6
7 Note: The heading to amended clause 6 is to read:
8 Minister may declare clause 3 inapplicable
page 182
Universities Legislation Amendment Bill 2016
Amendments to and repeal of other Acts Part 7
Acts repealed Division 1
s. 175
1 Part 7 -- Amendments to and repeal of other Acts
2 Division 1 -- Acts repealed
3 175. Murdoch University Planning Board Act 1970 repealed
4 The Murdoch University Planning Board Act 1970 is repealed.
5 176. Reserves (University Lands) Act 1972 repealed
6 The Reserves (University Lands) Act 1972 is repealed.
7 Division 2 -- Animal Resources Authority Act 1981 amended
8 177. Act amended
9 This Division amends the Animal Resources Authority Act 1981.
10 178. Section 5 amended
11 Delete section 5(2)(b)(iii) and insert:
12
13 (iii) Curtin University -- 1 person.
14
15 179. Section 17 amended
16 Delete section 17(b)(iii) and insert:
17
18 (iii) Curtin University;
19
20 Division 3 -- Financial Management Act 2006 amended
21 180. Act amended
22 This Division amends the Financial Management Act 2006.
page 183
Universities Legislation Amendment Bill 2016
Part 7 Amendments to and repeal of other Acts
Division 4 Industrial Relations Act 1979 amended
s. 181
1 181. Schedule 1 amended
2 In Schedule 1 delete the item "Curtin University of Technology"
3 and insert:
4
5 Curtin University
6
7 Division 4 -- Industrial Relations Act 1979 amended
8 182. Act amended
9 This Division amends the Industrial Relations Act 1979.
10 183. Section 7 amended
11 In section 7(1) in the definition of post-secondary education
12 institution delete "Curtin University of Technology Act 1966,"
13 and insert:
14
15 Curtin University Act 1966,
16
17 Division 5 -- Land Tax Assessment Act 2002 amended
18 184. Act amended
19 This Division amends the Land Tax Assessment Act 2002.
20 185. Section 33 amended
21 In section 33(4):
22 (a) delete paragraph (b) and insert:
23
24 (b) Curtin University established under the Curtin
25 University Act 1966;
26
page 184
Universities Legislation Amendment Bill 2016
Amendments to and repeal of other Acts Part 7
Oaths, Affidavits and Statutory Declarations Act 2005 Division 6
amended
s. 186
1 (b) delete paragraph (d) and insert:
2
3 (d) Edith Cowan University established under the
4 Edith Cowan University Act 1984;
5
6 186. Section 44 deleted
7 Delete section 44.
8 Division 6 -- Oaths, Affidavits and Statutory Declarations
9 Act 2005 amended
10 187. Act amended
11 This Division amends the Oaths, Affidavits and Statutory
12 Declarations Act 2005.
13 188. Schedule 2 amended
14 In Schedule 2 item 1 in the 1st bullet point delete "of
15 Technology".
16 Division 7 -- Public Sector Management Act 1994 amended
17 189. Act amended
18 This Division amends the Public Sector Management Act 1994.
19 190. Schedule 1 amended
20 In Schedule 1 delete item 6 and insert:
21
6 Curtin University established under the Curtin University
Act 1966
22
page 185
Universities Legislation Amendment Bill 2016
Part 7 Amendments to and repeal of other Acts
Division 8 Salaries and Allowances Act 1975 amended
s. 191
1 Division 8 -- Salaries and Allowances Act 1975 amended
2 191. Act amended
3 This Division amends the Salaries and Allowances Act 1975.
4 192. Section 6 amended
5 (1) After section 6(1)(d) insert:
6
7 (ea) a person holding any of the following
8 offices --
9 (i) member of the Council of Curtin
10 University;
11 (ii) member of the Kalgoorlie Campus
12 Council of Curtin University;
13 (iii) member of the Council of Edith Cowan
14 University;
15 (iv) member of the ECU South West
16 Campus (Bunbury) Advisory Board of
17 Edith Cowan University;
18 (v) member of the Advisory Board of the
19 Academy of Edith Cowan University;
20 (vi) member of the Senate of Murdoch
21 University;
22 (vii) member of the Senate of the University
23 of Western Australia;
24 and
25
26 (2) In section 6 after each of subsections (1)(a) to (c) and (2)(a)
27 insert:
28
29 and
30
page 186
Universities Legislation Amendment Bill 2016
Amendments to and repeal of other Acts Part 7
Sentencing Act 1995 amended Division 9
s. 193
1 193. Section 10 amended
2 After section 10(4)(b) insert:
3
4 (ca) appoint a person nominated from time to time
5 in writing by the Public Sector Commissioner
6 to assist the Tribunal in an inquiry insofar as it
7 relates to the remuneration to be paid or
8 provided to persons holding the offices referred
9 to in section 6(1)(ea); and
10
11 Division 9 -- Sentencing Act 1995 amended
12 194. Act amended
13 This Division amends the Sentencing Act 1995.
14 195. Schedule 1 amended
15 In Schedule 1 delete the item relating to the Curtin University of
16 Technology and insert:
17
Curtin University Curtin University
Act 1966
18
19 Division 10 -- Superannuation and Family Benefits
20 Act 1938 amended
21 196. Act amended
22 This Division amends the Superannuation and Family Benefits
23 Act 1938.
page 187
Universities Legislation Amendment Bill 2016
Part 7 Amendments to and repeal of other Acts
Division 10 Superannuation and Family Benefits Act 1938 amended
s. 197
1 197. Section 67 amended
2 In section 67(1a)(a) delete "Curtin University of Technology
3 Act 1966;" and insert:
4
5 Curtin University Act 1966;
6
7
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