New South Wales Consolidated Acts

WOMEN'S COLLEGE ACT 1902 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 17)

Part 1 - Preliminary

1 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Women’s College Amendment Act 1997

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(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.

Part 2 - Provisions consequent on enactment of Women’s College Amendment Act 1997

2 Definition

In this Part:
"amending Act" means the Women’s College Amendment Act 1997 .

3 Continuity of Council

The Council is the same entity as, and a continuation of, the Council constituted under section 5 before the commencement of Schedule 1 [2] to the amending Act.

4 Councillors taken to be appointed under amending Act

(1) A person (other than the Vice-Principal of the College) who was a councillor immediately before the commencement of Schedule 1 [2] to the amending Act continues as such and is taken to be a councillor referred to in section 5 as inserted by Schedule 1 [2].

(2) If the person is:

(a) an elective councillor elected under section 6, or

(b) an ex-officio councillor nominated under section 8 by the Senate of the University before the amendment made to that section by Schedule 1 [3] to the amending Act, or

(c) the councillor appointed under section 8A by the Principal of the College before the repeal of that section by Schedule 1 [5] to the amending Act,

the person is to hold office, subject to the relevant section, for the balance of the person’s term in accordance with that section.

5 Construction of reference to number of elective councillors

(1) Subject to this clause, section 5, as inserted by Schedule 1 [2] to the amending Act, is to be construed as if the reference to ten elective councillors were:

(a) a reference to twelve elective councillors, until the first election for elective councillors after the commencement of the inserted section, and

(b) from that election, and until the second election for elective councillors after the commencement of the inserted section, a reference to eleven elective councillors.

(2) However, section 7 (Casual vacancies) does not apply in relation to either the first or the second casual vacancy (if any) in the office of an elective councillor that arises before the second election referred to in subclause (1).

6 Construction of reference to councillor nominated by Senate of University

So long as both of the members of the Senate of the University nominated under section 8 by the Senate who held office as councillors immediately before the amendment made to that section by Schedule 1 [3] to the amending Act continue to hold office as councillors:

(a) a reference in section 5 (1) (b) (iv) (as inserted by the amending Act) to the person nominated by the Senate of the University is to be construed as a reference to the persons nominated by the Senate, and

(b) section 8 is to be construed as if it had not been amended by the amending Act.