New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 40)
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:University Legislation Amendment Act 2004
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
The University is a continuation of, and the same legal entity as, the University of Sydney referred to in the University and University Colleges Act 1900 .
(1) The person who, immediately before the commencement of this clause, held office as the Chancellor of the University of Sydney:(a) remains Chancellor of the University, and(b) continues to hold office as such (unless he or she sooner resigns) for the residue of the term for which he or she was appointed as Chancellor.
(2) Section 10 (2) does not apply to or in respect of the Chancellor referred to in this clause.
The Senate must, at its first meeting that takes place after the commencement of this clause or as soon as practicable thereafter, appoint a Deputy Chancellor of the University.
(1) The person who, immediately before the commencement of this clause, held office as the Vice-Chancellor of the University of Sydney:(a) remains Vice-Chancellor of the University, and(b) continues to hold office as such (unless he or she sooner resigns) for the residue of the term for which he or she was appointed as Vice-Chancellor.
(2) Section 12 (2) does not apply to or in respect of the Vice-Chancellor referred to in this clause.
(3) Any appointment made by the Senate of the University of Sydney referred to in the University and University Colleges Act 1900 before the commencement of this clause (not being an appointment that has been revoked) under which a person has been appointed to succeed, as Vice-Chancellor, the person who was the Vice-Chancellor immediately before the commencement of this clause continues to have effect, unless sooner revoked, as if it had been made by the Senate on or after that commencement.
(1) Convocation includes:(a) past members of the governing body of any of the former institutions that have, pursuant to this Act or to the Higher Education (Amalgamation) Act 1989 or otherwise, become a part of the University, and(b) graduates of any of those institutions.
(2) In this clause, a reference to a former institution includes a reference to any predecessor of the institution.
Any delegation made or taken to have been made by the Senate of the University of Sydney under the University and University Colleges Act 1900 is to be taken to be a delegation under this Act by the Senate.
Nothing in this Act affects the validity of any investment made on behalf of the University before the commencement of Schedule 2.
An advisory council constituted under section 43 of the University and University Colleges Act 1900 and in existence immediately before the commencement of this clause is to be taken to have been constituted under section 28.
The By-laws of the University of Sydney:
(a) continue in force as if they had been made by the Senate, and
(b) may be amended and revoked accordingly.
(1) Section 13 (2) extends to disputes and other matters arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
(1) Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
Table Column 1 Column 2 University Amendment (Exhibitioners’ Fees) Act 1918 Sections 1-3 University Prizes and Medals Alteration Act 1917 Section 2 and Schedule
(2) The provisions listed in Column 2 of the Table to subclause (1) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
(1) Any by-law made or taken to have been made under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994 , but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994 , but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
Until an order is made under clause 2 of Schedule 2 (as substituted by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 ), approval is taken to have been given by order under that clause to the investment by the Senate of any funds of the University in any manner that the Senate was authorised to invest those funds immediately before the Senate ceased to be an authority for the purposes of Part 3 (Investment) of the Public Authorities (Financial Arrangements) Act 1987 .
Any act or omission occurring before the substitution of section 6 by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 that would have been valid had that section as so substituted been in force from the commencement of that section as originally enacted is (to the extent of any invalidity) taken to be, and always to have been, valid.
(1) In this clause:
"amending Act" means the University Legislation Amendment Act 2004 .
"former section 9" means section 9 as in force immediately before its substitution by the amending Act.
"new section 9" means section 9 as substituted by the amending Act.
"relevant day" means the date of assent to the amending Act.
(2) Subject to this Act, on the relevant day:(a) a person holding office under former section 9 (2) ceases to hold that office, and(b) a person holding office under former section 9 (4) or (6) is taken to be appointed as a member under new section 9 (1) (b) or (c), respectively, for the balance of the person’s term of office, and(c) a person holding office under former section 9 (5) (a), (b), (c), (d) or (e) is taken to be elected as a member under new section 9 (1) (d), (e), (f), (g) or (h), respectively, for the balance of the person’s term of office.
(3) On, or as soon as is reasonably practicable after, the relevant day, the Minister must appoint the balance of the members required to be appointed under new section 9 (1) (b).
(4) The Senate is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that the Senate is duly constituted under new section 9 as soon as is reasonably practicable after the relevant day.
(5) For the purposes of making the by-laws referred to in subclause (4), the Senate must be constituted so as to include all of the members required to be appointed under new section 9 (1) (b).
(6) The Senate is taken to be properly constituted until such time as it is constituted in accordance with new section 9.
(7) A casual vacancy occurring in the office of a Fellow before the Senate is duly constituted under new section 9 is to be filled as follows:(a) if the vacancy occurs in the office of a Fellow appointed under new section 9 (1) (b), the Minister is to appoint a person whom the Minister considers appropriate,(b) if the vacancy occurs in the office of a Fellow appointed under new section 9 (1) (c), the Senate is to appoint a person whom the Senate considers appropriate,(c) if the vacancy occurs in the office of a Fellow elected under new section 9 (1) (d) or (e), the Senate is to appoint a person qualified to hold that office,(d) if the vacancy occurs in the office of a Fellow elected under new section 9 (1) (f) or (g), the Senate is to appoint a person qualified to hold that office following consultation with the relevant student body or bodies recognised by the Senate,(e) if the vacancy occurs in the office of a Fellow elected under new section 9 (1) (h), the Senate is to appoint a person qualified to hold that office following consultation with the alumni association or body for the University.
(8) Subject to this Act, a Fellow appointed under subclause (7) holds office from the time that person is appointed under that subclause until the expiry of the term of that Fellow’s predecessor.
(9) Subject to this Act, if, on the expiry:(a) of a Fellow’s term of office that is continued under subclause (2) (b) or (c), or(b) in the case of a Fellow appointed under subclause (7), of the term of office of the Fellow’s predecessor,the by-laws necessary to enable a person to be duly appointed or elected (as the case may be) to that office under new section 9 are not yet in force, the Fellow may continue to hold that office until such time as a person is so duly appointed or elected.
(10) For the purposes of subclause (2), a Fellow filling a casual vacancy and holding office immediately before the relevant day is taken to hold that office immediately before the relevant day under the provision under which the Fellow’s predecessor was elected or appointed.
(11) A person who ceases to hold office under subclause (2) (a):(a) is not entitled to any remuneration or compensation because of loss of that office, and(b) is eligible (subject to this Act and if otherwise qualified) to be appointed as a Fellow.
(12) Consecutive years of office served by a Fellow immediately before the relevant day are to be taken into account in applying clause 1 (3) of Schedule 1 in respect of the Fellow.
(13) However, clause 1 (3) of Schedule 1 does not affect the operation of subclause (2) (b) or (c) or (9) of this Schedule.
(14) Section 26G, as inserted by the amending Act, applies only in relation to breaches of duty constituted by acts or omissions occurring after the relevant day.
(15) No amendment made by the amending Act affects the continuity of the Senate.
(16) The provisions of this clause are subject to any regulations made under clause 1A.