New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
AUSTRALIAN CATHOLIC UNIVERSITY BILL 1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The objects of this Bill are:
(a) to provide statutory recognition of the Australian Catholic University as a
university; and
(b) to authorise the Australian Catholic University to be called a university; and
(c) to confer on the Australian Catholic University the authority to award degrees;
and
(d) to make such other provision as is appropriate to enable the Australian Catholic
University to operate as a university within New South Wales.
Clause 1 specifies the short title of the proposed Act.
Clause 2 specifies that the proposed Act is to commence on 1 January 1991.
Clause 3 defines certain expressions for the purposes of the proposed Act.
Clause 4 declares that the objects of the proposed Act are to provide statutory
recognition of the Australian Catholic University as a university and to facilitate its
operation within New South Wales.
Clause 5 applies the proposed Act to and in respect of the Australian Catholic
University to the full extent to which the law of New South Wales is so applicable, but
preserves the application of any other law to or in respect of the University to the full
extent to which that law is so applicable.
Clause 6 declares that the Australian Catholic University is an official university or
the purposes of section 4 of the Higher Education Act 1988 and authorises it to be
called a university and to confer degrees.
Clause 7 provides that a person is not to be denied admission as a student of the
Australian Catholic University, or to be taken to be ineligible to graduate from or to
enjoy the benefits of the University, merely because of his or her religious or political
affiliations, views or beliefs.
2
Australian Catholic University 1990
Clause 8 is a formal provision that gives effect to Schedule 1 (Investment of
University Funds).
Clause 9 provides that the rule of law against remoteness of vesting is not to apply to
any gift, bequest or devise accepted by the University.
Clause 10 ensures that the Senate of the University is alone responsible for, and has
authority over, the provision of education within the University.
Clause 11 protects the State, and any authority of the State, from any action,
liability, claim or demand arising from or in connection with the enactment or operation
of the proposed Act.
Schedule 1 specifies the investment powers of the University and contains provi-
sions:
(a) defining the expression "funds" for the purposes of the Schedule (clause 1);
and
(b) providing for investment common funds into which all funds (including trust
funds) can be brought for the purpose of investment (clause 2); and
(c) ensuring that the investment of trust funds remains subject to the provisions of
the relevant trust (clause 3).