Australian Capital Territory Numbered Acts

UNIVERSITY OF CANBERRA (TRANSFER) ACT 1997 (NO 74 OF 1997)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the University of Canberra (Transfer) Act 1997.  
   3.      In this Act, unless the contrary intention appears—“commencement” means the time at which the provisions of this Act (other than sections 1 and 2) commence; “Principal Act” means the University of Canberra Act 1989 of the Commonwealth as in force immediately before commencement.  

   PART II--UNIVERSITY OF CANBERRA ACT 1989

   4.      The title of the Principal Act is repealed and the following title substituted:  
   5.      Section 3 of the Principal Act is amended—  
   6.      After section 6 of the Principal Act the following section is inserted:  
   7.      Section 11 of the Principal Act is amended—  
   8.      Section 13 of the Principal Act is amended—  
   9.      After section 24 of the Principal Act the following section is inserted:  
   10.     Section 25 of the Principal Act is amended—  
   11.     Section 27 of the Principal Act is repealed and the following section substituted:  
   12.     After section 29 of the Principal Act the following section is inserted in Division 5 of Part II:  
   13.     The heading to Part 3 of the Principal Act is omitted and the following heading substituted:  
           “PART III--FINANCIAL AND COMMERCIAL MATTERS”.SUBSTITUTION $$A $$T UNIVERSITY OF CANBERRA (TRANSFER) ACT 1997 - SECT 14 14. SECTIONS 35, 36, 37 AND 39 OF THE PRINCIPAL ACT ARE REPEALED AND THE FOLLOWING SECTIONS AND DIVISION ARE SUBSTITUTED: $$T $$NSECT APPLICATION OF PARTS VI AND VIII OF FINANCIAL MANAGEMENT ACT “35. (1) PART VI OF THE FINANCIAL MANAGEMENT ACT 1996 APPLIES IN RELATION TO THE UNIVERSITY AS IF SECTION 45 WERE OMITTED.
   15.     Section 42 of the Principal Act is amended—  
   16.     Part 5 of the Principal Act is repealed.  
   17.     The University of Canberra (Cessation of Sponsorship) Regulations are repealed.  
   18.     The Principal Act is amended as set out in the Schedule.  

   PART III--AMENDMENTS OF OTHER ACTS

   19.     Section 5 of the Public Sector Management Act 1994 is amended—  
   20.     Section 6 of the Sewerage Rates Act 1968 is amended by omitting subparagraph (1) (d) (iii) and substituting the following subparagraph:  
   21.     Section 7B of the Water Rates Act 1959 is amended by omitting from subsection (1) “Canberra College of Advanced Education under a lease granted under the Canberra College of Advanced Education (Leases) Act 1977” and substituting “University of Canberra under a lease continued in force by virtue of the operation of subsection 35 (1) of the Land (Planning and Environment) (Consequential Provisions) Act 1991”.  

   PART IV--SAVINGS AND TRANSITIONAL PROVISIONS

   22.     The person who held office immediately before the commencement as the Vice-Chancellor of the University of Canberra shall, on and after the commencement, continue to hold office as the Vice-Chancellor and President of the University of Canberra.  
   23.     A person who was a member of the Council immediately before the commencement pursuant to an appointment or election under section 11 of the Principal Act shall, subject to the Principal Act as amended by this Act, continue to hold office as such a member for the remainder of the term of the earlier appointment or election as if he or she had, on the commencement, been appointed or elected, as the case requires, under section 11 of the Principal Act as so amended for the remainder of that term.  
   24.     If a person was employed by the University immediately before the commencement, this Act does not affect the terms and conditions (including any accrued entitlement to benefits) of that employment.  
   25.     Despite the repeal of section 27 of the Principal Act, a person appointed to act pursuant to an appointment under that section that was in force immediately before the commencement shall, on and after the commencement, be taken to have been appointed to act under section 27 of the University of Canberra Act 1989 as amended by this Act.  
   26.     The annual financial statements of the University under subsection 59 (1) of the Financial Management Act 1996, as modified by this Act, relating to the calendar year in which the commencement occurs shall relate only to that part of the calendar year after the University of Canberra Act 1989 became an enactment.  
   27.     The first annual report of the University prepared after the commencement shall relate only to that part of the calendar year after the University of Canberra Act 1989 became an enactment.  
   28.     Section 42 of the University of Canberra Act 1989 as amended by this Act applies only in relation to Statutes made on or after the commencement.  
   29.     Despite the repeal of Part 5 of the Principal Act, a provision in that Part that would, but for that repeal, have continued to apply in relation to a person, matter or thing after the University of Canberra Act 1989 became an enactment shall continue to apply in relation to that person, matter or thing.  
   30.     (1) A group of employees who, immediately before the commencement, was a designated work group in relation to the University under the Occupational Health and Safety (Commonwealth Employment) Act 1991 of the Commonwealth shall, on and after the commencement, be taken to be a designated work group in relation to the University under the Occupational Health and Safety Act 1989.  

   PART V--MISCELLANEOUS

   31.     The Executive may make regulations for the purposes of this Act.  
           SCHEDULE