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UNIVERSITY OF TASMANIA ACT 1992 - SECT 18 Ordinances and rules

UNIVERSITY OF TASMANIA ACT 1992 - SECT 18

PART 3 - Ordinances and By-Laws Ordinances and rules

(1)  The Council may make Ordinances, not inconsistent with this Act, prescribing or regulating matters –
(a) required or permitted by this Act to be prescribed or regulated by Ordinance; or
(b) necessary or convenient to be prescribed or regulated by Ordinance for giving effect to this Act.
(2)  Subsection (1) does not authorize the making of an Ordinance for or in relation to a matter referred to in Part 1 of Schedule 2 .
(3)  An Ordinance may confer a power on any person or body, including the Council, to make rules, not inconsistent with any Ordinance or this Act –
(a) prescribing or regulating any specified matter on which Ordinances may be made; or
(b) for carrying out or giving effect to Ordinances.
(4)  A rule made under an Ordinance has the same force and effect as an Ordinance.
(5)  An Ordinance or rule has no force or effect to the extent to which it is inconsistent with a law of the State, but a provision of an Ordinance or rule is not to be taken to be inconsistent with a law of the State if the provision can be complied with without contravening that law.
(6)  An Ordinance or rule may be made subject to such conditions, or so as to apply differently according to such factors, as may be specified in the Ordinance or rule or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.
(7)  An Ordinance or rule may authorize any matter or thing to be from time to time determined, applied or regulated by any person or body specified in the Ordinance or rule.
(8)  An Ordinance may provide for any person or body specified in the Ordinance to –
(a) delegate any of that person's or body's functions or powers, other than the power of delegation or a power to make rules, to any other person or body; and
(b) revoke wholly or partly a delegation.
(9)  A delegation under subsection (8) –
(a) may be made either generally or as otherwise provided in the Ordinance; and
(b) does not prevent the performance or exercise of a function or power by the person or body authorized by the Ordinance to delegate that function or power.
(10)  A function or power performed or exercised by a delegate has the same effect as if performed or exercised by the person or body authorized by the Ordinance to delegate that power or function.
(11)  An Ordinance or rule is not a statutory rule within the meaning of the Rules Publication Act 1953 .
(12)  An Ordinance or rule is to be taken to be a regulation within the meaning of the Acts Interpretation Act 1931 except that section 47 of that Act does not apply to such an Ordinance or rule.