New South Wales Consolidated Regulations

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CHARLES STURT UNIVERSITY BY-LAW 2005 - NOTES

- Made under the Charles Sturt University Act 1989 - As at 11 May 2012 - Reg 691 of 2005

Note to Part 3

Section 9 (1) of the Act provides that the Council is to consist of:
(a) 3 official members, 1 of whom (the Chancellor) is to be elected by the Council (sections 9 (1) (a) (i) and 10 (1)), 1 of whom (the Vice-Chancellor) is to be appointed by the Council (sections 9 (1) (a) (ii) and 12) and the third of whom is to be the presiding member of the Academic Senate (section 9 (1) (a) (iii)), and
(b) 6 external persons appointed by the Minister (section 9 (1) (b)), and
(c) 1 or more external persons (as prescribed) appointed by the Council (section 9 (1) (c)), and
(d) 2 members of the academic staff of the University, elected by the academic staff of the University (section 9 (1) (d)), and
(e) 1 member of the general staff of the University, elected by the general staff of the University (section 9 (1) (e)), and
(f) 2 students of the University, elected by students of the University (section 9 (1) (f)), and
(g) 1 or more external persons who are graduates of the University (as prescribed) elected by graduates or appointed by the Council (section 9 (1) (g)).
This Part provides for the election and appointment of those persons referred to in section 9 (1) (c)-(g) of the Act.

Note to Division 1

This Division provides for the establishment of a Council Nominations Committee to make recommendations on the nomination of persons eligible for appointment to the Council under section 9 (1) (b) of the Act (external persons appointed by the Minister), under section 9 (1) (c) of the Act (external persons appointed by the Council) or under section 9 (1) (g) of the Act (graduates appointed by the Council).

Note to Division 2

This Division provides for the nomination of persons for consideration for appointment by the Minister of 6 external persons as members of the Council under section 9 (1) (b) of the Act, after eligible persons have been nominated to the Minister for his or her consideration for appointment. Those persons are nominated by the Council on the recommendation of the Council Nominations Committee.
Clause 1 (1) (b) of Schedule 1 to the Act provides that a member of the Council appointed under section 9 (1) (b) holds office for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment.

Note to Division 3

This Division provides for the appointment by the Council of external persons as members of the Council under section 9 (1) (c) of the Act, after eligible persons have been recommended to the Council by the Council Nominations Committee.

Note to Division 5

This Division provides for the appointment by the Council of a graduate of the University as a member of the Council under section 9 (1) (g) of the Act, after eligible persons have been recommended to the Council by the Council Nominations Committee.

Note to Part 5

Section 16 of the Act provides for there to be an Academic Senate of the University consisting of the Vice-Chancellor, members of the academic staff of the University, and of other universities, appointed by the Council and such other persons as are determined by the Council in accordance with the by-laws.

Note to Part 6

Section 32 of the Act provides that the by-laws may empower any authority (including the Council) or officer of the University to make rules for or with respect to any or all of the matters for or with respect to which by-laws may be made, except matters referred to in sections 3 (2), 9 (1) (c)-(g) and (8), 10 (2), 15 (1), 19 (1) (d) and (e), 26 and 31 (1) (b) and (k) of, and clauses 1 (1) (c) and (d) and 3 of Schedule 1 to, the Act. The section also provides that a rule:
(a) has the same force and effect as a by-law, and
(b) may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and
(c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and
(d) must indicate the authority or officer who made the rule and that it is made under section 32.

Does not include amendments by:

Universities Governing Bodies (Charles Sturt University) Order 2012 (193) (not commenced - to commence on 1.7.2012)

Historical notes

The following abbreviations are used in the Historical notes:

Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted

Table of amending instruments

Charles Sturt University By-law 2005 (691). GG No 132 of 28.10.2005, p 9043. Date of commencement, on gazettal. This By-law has been amended as follows:

2008 No 23 Miscellaneous Acts Amendment (Same Sex Relationships) Act 2008. Assented to 11.6.2008.
Date of commencement, 22.9.2008, sec 2 and GG No 118 of 19.9.2008, p 9283.
2010 No 19 Relationships Register Act 2010. Assented to 19.5.2010.
Date of commencement of Sch 3, assent, sec 2 (2).
(222) Charles Sturt University Amendment By-law 2009. LW 4.6.2010.
Date of commencement, on publication on LW, cl 2.

Table of amendments

Cl 2 Am 2008 No 23, Sch 3.9; 2010 No 19, Sch 3.14 [1] [2].
Cl 7 Am 2010 (222), Sch 1 [1].
Cl 29 Am 2010 (222), Sch 1 [2].
Cl 38 Subst 2010 (222), Sch 1 [3].
Cl 49 Am 2010 (222), Sch 1 [4]-[8].
Cl 50 Subst 2010 (222), Sch 1 [9].
Cl 50A Ins 2010 (222), Sch 1 [10].
Cl 72 Am 2010 (222), Sch 1 [11].
Cl 114 Subst 2010 (222), Sch 1 [12].
Cl 114A Ins 2010 (222), Sch 1 [13].


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