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TASMANIA
__________
UNIVERSITY OF TASMANIA AMENDMENT
BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 8 amended (Constitution of the Council)
5. Section 22AA inserted
22AA. Protection for person conducting inquiry
6. Schedule 1 amended (Provisions in respect of the
Council)
7. Schedule 4 amended (Savings and Transitional)
[Bill 71]-IX
2
UNIVERSITY OF TASMANIA AMENDMENT
BILL 2004
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to amend the University of Tasmania Act
1992
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the University of Tasmania
Amendment Act 2004.
Commencement
2. This Act commences on 1 January 2005.
Principal Act
3. In this Act, the University of Tasmania Act 1992* is
referred to as the Principal Act.
*No. 51 of 1992
[Bill 71] 3
s. 4 No. University of Tasmania Amendment 2004
Section 8 amended (Constitution of the Council)
4. Section 8 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(d) "3" and
substituting "4";
(b) by omitting paragraphs (f) and (g) from
subsection (1);
(c) by omitting paragraph (i) from subsection (1)
and substituting the following paragraph:
(i) 2 students appointed by the
Council, after consultation with
any relevant student associations;
(d) by omitting from subsection (1)(j) "3" and
substituting "4";
(e) by inserting in subsection (1)(j) "or general
staff" after "staff";
(f) by omitting subsection (2);
(g) by omitting subsection (5) and substituting the
following subsection:
(5) Before making an appointment to
the Council, the Minister and the Council
must
(a) give public notification of the
vacancy; and
(b) consult with each other about any
intended appointment; and
(c) have regard to the balance of skills
and experience, regional
representation and an appropriate
gender balance.
4
2004 University of Tasmania Amendment No. s. 5
Section 22AA inserted
5. After section 22 of the Principal Act, the following
section is inserted in Part 4:
Protection for person conducting inquiry
22AA. A person authorised by the University to
conduct an inquiry into a matter has, in conducting
that inquiry, the same protection and immunity as a
judge of the Supreme Court.
Schedule 1 amended (Provisions in respect of the
Council)
6. Schedule 1 to the Principal Act is amended as follows:
(a) by omitting subclause (1) from clause 1 and
substituting the following subclause:
(1) Subject to clauses 2 and 3, a person
who is elected or appointed as a member of the
Council holds office for a term of
(a) up to 4 years in the case of a
member referred to in
section 8(1)(d), (j) or (k); or
(b) 2 years in the case of a member
referred to in section 8(1)(e) or (h);
or
(c) one year in the case of a member
referred to in section 8(1)(i).
(b) by inserting in clause 1(2) "provided that a
person is not to hold office for a total of more
than 12 years, unless the Council otherwise
determines in a specific case" after "office";
5
s. 7 No. University of Tasmania Amendment 2004
(c) by inserting the following paragraph after
paragraph (c) in clause 2(1):
(ca) if the member is disqualified from
acting as a director under Part
2D.6 of the Corporations Act 2001
of the Commonwealth; or
(d) by omitting from clause 2(1)(d) "Minister" and
substituting "Council";
(e) by omitting subclause (2) from clause 2 and
substituting the following subclause:
(2) If a two-thirds majority of the
Council is of the opinion that an elected or
appointed member of the Council
(a) has failed to discharge his or her
obligations under section 11A or
11B; or
(b) is incapable of discharging the
obligations of a member of the
Council
the Council may dismiss the member from
office.
(f) by omitting clause 3A.
Schedule 4 amended (Savings and Transitional)
7. Schedule 4 to the Principal Act is amended by omitting
clause 6 from Part 2 and substituting:
Terms of office for certain members
6. In respect of the Council constituted on
1 January 2005, the members referred to in
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2004 University of Tasmania Amendment No. s. 7
section 8(1)(d) and (j) are to hold office for such
period not exceeding 4 years as is specified in their
instruments of appointment.
Government Printer, Tasmania 7