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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Prahran Mechanics' Institute (Amendment) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 2
3. Principal Act 2
4. Constitution of governing committee 3
5. Substitution of section 7 4
7. Extraordinary vacancies 4
6. Repeal of section 8 4
7. Quorum 4
8. New sections 15 and 16 inserted 4
15. Validation of certain actions of governing committee 4
16. Saving 5
ENDNOTES 6
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PARLIAMENT OF VICTORIA
A BILL
to amend the Prahran Mechanics' Institute Act 1899 and for other
purposes.
Prahran Mechanics' Institute
(Amendment) Act 2005
Preamble
The Prahran Mechanics' Institute Act 1899
provides for the incorporation of the Prahran
Mechanics' Institution and Circulating Library and
for the establishment of a governing committee.
The Act provides for the governing committee to
have 9 members, including the Mayor of the City
of Prahran and 4 persons elected by that municipal
council.
On 21 June 1994, the Governor in Council,
pursuant to Part 10C of the Local Government
Act 1989, by Order abolished the Councils of the
City of Prahran and the City of Malvern and
established the Stonnington City Council.
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Prahran Mechanics' Institute (Amendment) Act 2005
s. 1
Act No.
The Order in Council appointed the Stonnington
City Council as the successor in law to the
Councils of the City of Prahran and the City of
Malvern.
It is expedient to amend the Prahran Mechanics'
Institute Act 1899 to refer to the Stonnington City
Council, to reduce the membership of the
governing committee and to reduce council
representation on the governing committee.
The Parliament of Victoria therefore enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Prahran Mechanics' Institute Act 1899--
(a) to alter the composition of the governing
committee of the Prahran Mechanics'
5
Institution and Circulating Library; and
(b) to validate certain decisions of the governing
committee of the Prahran Mechanics'
Institution and Circulating Library.
2. Commencement
10
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See: In this Act, the Prahran Mechanics' Institute
Act No.
Act 1899 is called the Principal Act.
15 1617
and
amending
Act No.
10071.
LawToday:
www.dms.
dpc.vic.
gov.au
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Act No.
4. Constitution of governing committee
(1) For sections 6(1) and 6(2) of the Principal Act
substitute--
"(1) The said incorporated body is to have a
governing committee consisting of
5
7 members, of whom--
(a) one is to be a person appointed by the
Stonnington City Council; and
(b) 6 are to be elected by the members of
the said incorporated body.
10
(2) A member appointed under sub-section
(1)(a) holds office for the term specified by
the Stonnington City Council.
(2A) An election of a member under sub-section
(1)(b) must be held at an annual general
15
meeting.
(2B) A member elected under sub-section (1)(b)
holds office for 4 years in accordance with
the rules and regulations of the said
incorporated body.".
20
(2) After section 6(3) of the Principal Act insert--
"(4) If a member of the committee is not--
(a) appointed by the Stonnington City
Council; or
(b) elected by the members of the said
25
incorporated body--
at the time required by this Act or the rules
and regulations of the said incorporated
body, the Governor in Council may appoint a
member who will be deemed on that
30
appointment to have been appointed or
elected by the Stonnington City Council or
the members of the said incorporated body
(as the case may be).".
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5. Substitution of section 7
For section 7 of the Principal Act substitute--
"7. Extraordinary vacancies
(1) If the office of a member of the governing
committee becomes vacant before the end of
5
the term of the office--
(a) in the case of a member appointed
under section 6(1)(a), the Stonnington
City Council may appoint a person to
fill the vacancy; or
10
(b) in the case of a member elected under
section 6(1)(b), the governing
committee may appoint a person to fill
the vacancy.
(2) A member appointed under this section holds
15
office for the remainder of the term of the
member whose place he or she fills.".
6. Repeal of section 8
Section 8 of the Principal Act is repealed.
7. Quorum
20
In section 9 of the Principal Act, for "three"
substitute "four".
8. New sections 15 and 16 inserted
After section 14 of the Principal Act insert--
"15. Validation of certain actions of governing
25
committee
Anything done or purported to have been
done by the governing committee of the said
incorporated body under this Act, before the
commencement of the Prahran Mechanics'
30
Institute (Amendment) Act 2005, that
would have been validly done had the
governing committee been validly
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constituted at the time the thing was done or
purported to be done, has, and is deemed
always to have had, the same force and effect
as it would have had if the governing
committee had been validly constituted at the
5
time the thing was done or purported to be
done.
16. Saving
The governing committee is deemed to be
the same body despite the change in its
10
membership.".
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Prahran Mechanics' Institute (Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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