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PARLIAMENT OF VICTORIA
University Acts (Further Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--DEAKIN UNIVERSITY 3
3. Disposal of land 3
4. Composition of Council 3
5. New section 8 substituted 4
8. Term of office of Council members 4
6. Consequential amendments 4
7. Vacancies 5
8. Powers and functions of the Council and Academic Board 6
9. Statutes 6
10. Financial arrangements 6
11. New section 33A inserted 6
33A. Disposal of land 6
12. New Division 9 inserted 7
Division 9--Transitional 7
39. First Council appointments for 1998 7
PART 3--LA TROBE UNIVERSITY 10
13. Disposal of land 10
14. New section 7 substituted 10
7. Composition of Council 10
15. New section 8 substituted 11
8. Term of office of Council members 11
16. Consequential amendments 12
17. Casual vacancies 12
18. Council functions 13
19. Academic Board 13
20. Statutes 13
21. Financial arrangements 14
22. Disposal of land 14
i
531207B.I1-16/9/97
Clause Page
23. New Division inserted 15
Division 11--Transitional 15
43. First Council appointments for 1998 15
PART 4--THE UNIVERSITY OF MELBOURNE 18
24. Powers of the Council 18
25. New section 5 substituted 18
5. The Council 18
26. New section 6 substituted and section 6A repealed 19
6. Term of office of Council members 19
27. Consequential amendments and repeals 20
28. Casual vacancies 21
29. Statutes 21
30. Convocation 21
31. Academic Board 22
32. Powers of Convocation 22
33. Approval of Statutes 22
34. Financial arrangements 22
35. Companies, etc 22
36. New section 41B inserted 22
41B. Disposal of land 23
37. New Part IV inserted 23
PART IV--TRANSITIONAL 23
48. First Council appointments for 1998 24
PART 5--MONASH UNIVERSITY 26
38. Disposal of land 26
39. Objects of the University 26
40. New section 7 substituted 26
7. Composition of Council 26
41. New section 8 substituted 27
8. Term of office of Council members 27
42. Consequential amendments 28
43. Casual vacancies 28
44. Powers and functions of the Council and Academic Board 29
45. Statutes 29
46. Financial arrangements 29
47. New section 35AA inserted 29
35AA. Disposal of land 29
48. New Division 10 inserted 30
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531207B.I1-16/9/97
Clause Page
Division 10--Transitional 30
43. First Council appointments for 1998 30
PART 6--ROYAL MELBOURNE INSTITUTE OF
TECHNOLOGY 33
49. The Council 33
50. New section 8 substituted 34
8. Term of office of Council members 34
51. Vacancies arising from other appointments 35
52. Consequential amendments 35
53. Casual vacancies 35
54. Statutes 36
55. Borrowing powers 36
56. Disposal of land 36
57. New Part 10 inserted 37
PART 10--TRANSITIONAL 37
64. First Council appointments for 1998 37
PART 7--SWINBURNE UNIVERSITY OF TECHNOLOGY 40
58. New section 7 substituted 40
7. The Council 40
59. New section 8 substituted 41
8. Term of office of Council members 41
60. Vacancies arising from other appointment 42
61. Consequential amendments 42
62. Casual vacancies 42
63. Statutes 43
64. Borrowing powers 43
65. Disposal of land 43
66. New Part 10 substituted 44
PART 10--TRANSITIONAL 44
68. First Council appointments for 1998 44
PART 8--VICTORIA UNIVERSITY OF TECHNOLOGY 47
67. New section 7 substituted 47
7. The Council 47
68. New section 8 substituted 48
8. Term of office of Council members 48
69. Vacancies arising from other appointment 49
70. Casual vacancies 49
71. TAFE Division 49
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531207B.I1-16/9/97
Clause Page
72. New section 34C inserted 49
34C. Board of Technical Studies 50
73. Statutes 50
74. Borrowing powers 50
75. Disposal of land 50
76. New Part 9 substituted 51
PART 9--TRANSITIONAL 51
69. First Council appointments for 1998 52
PART 9--OTHER AMENDMENTS 54
77. Courses of study 54
78. Statute law revision 54
NOTES 55
iv
531207B.I1-16/9/97
PARLIAMENT OF VICTORIA
A BILL
to amend the Deakin University Act 1974, the La Trobe University
Act 1964, the Melbourne University Act 1958, the Monash
University Act 1958, the Royal Melbourne Institute of Technology
Act 1992, the Swinburne University of Technology Act 1992, the
Victoria University of Technology Act 1990 and the Tertiary
Education Act 1993 and for other purposes.
University Acts (Further Amendment)
Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend certain
Acts establishing Victorian universities.
1
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 2
Act No.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) The remainder of this Act comes into operation on
5 1 January 1998.
_______________
2
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 3
Act No.
PART 2--DEAKIN UNIVERSITY
3. Disposal of land
No. 8610.
The proviso to section 3(2) of the Deakin
Reprint No. 1
University Act 1974 is repealed. as at 3
October 1996
and further
amended by
No. 57/1996.
5 4. Composition of Council
For section 7(1) of the Deakin University Act
1974 substitute--
"(1) The Council shall consist of--
(a) the Chancellor;
10 (b) the Vice-Chancellor;
(c) the Chairman of the Academic Board;
(d) 3 persons elected by and from the staff
of the University prescribed by the
Statutes;
15 (e) 2 persons elected by and from the
students enrolled at the University
prescribed by the Statutes;
(f) 6 persons appointed by the Governor in
Council;
20 (g) one person appointed by the Minister;
(h) 6 persons appointed by the Council.
(1A) If the Chairperson of the Academic Board is
not a professor or an associate professor, one
of the members of staff elected under sub-
3
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University Acts (Further Amendment) Act 1997
s. 5
Act No.
section (1)(d) must be elected from the staff
who are professors or associate professors.
(1B) Of the members appointed under sub-section
(1)(h)--
5 (a) one must be a person with substantial
business experience;
(b) one must be a person with
qualifications and experience in
financial matters.
10 (1C) Not more than 3 members of the Council
appointed under sub-section (1)(f) and (h)
may be persons whose normal place of
residence is outside Australia.".
5. New section 8 substituted
15 For section 8 of the Deakin University Act 1974
substitute--
"8. Term of office of Council members
Subject to this Act, a member of the
Council--
20 (a) appointed by the Governor in Council,
the Minister or the Council holds office
until 31 December in the second year
next following the year his or her
appointment takes effect;
25 (b) elected by members of staff holds
office until 31 December in the year
next following the year his or her
election takes effect;
(c) elected by enrolled students holds
30 office until 31 December in the year his
or her election takes effect.".
6. Consequential amendments
In the Deakin University Act 1974--
4
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University Acts (Further Amendment) Act 1997
s. 7
Act No.
(a) in section 9, sub-section (2) is repealed;
(b) in section 9(5)(a) and (b) and (6), omit
"academic staff or general" (wherever
occurring);
5 (c) in section 9(6)(a), for "(d), (e), (f) or (g)"
substitute "(f), (g) or (h)";
(d) in section 12(a) and (b), for "co-option"
substitute "the Council".
7. Vacancies
10 (1) After section 14 of the Deakin University Act
1974 insert--
"(2) Any change in the membership, or the
academic rank of the member, of the Council
under section 7(1)(c) does not affect the
15 membership of the Council by a person who
is elected under section 7(1)(d) during the
term of appointment under section 7(1)(d).".
(2) For section 15(1) of the Deakin University Act
1974 substitute--
20 "(1) If the office of a member of the Council
becomes vacant otherwise than by reason of
the expiry of the member's term of office, a
person must be appointed or elected as
prescribed to fill the vacancy.
25 (1A) If the vacancy occurs within 3 months before
the expiry of a member's term of office, the
office may be left vacant for the remainder
of the term.".
(3) For section 15(5) of the Deakin University Act
30 1974 substitute--
"(5) Despite section 7(1)(f), the Minister, after
consultation with the Chancellor, may
appoint a person to a casual vacancy in the
office of a member who is required by that
5
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University Acts (Further Amendment) Act 1997
s. 8
Act No.
provision to be appointed by the Governor in
Council.".
8. Powers and functions of the Council and Academic
Board
5 (1) In section 22 of the Deakin University Act 1974,
for "management" substitute "direction".
(2) In section 27(a) of the Deakin University Act
1974, for "discuss and submit to the Council an
opinion on any matter whatsoever relating to"
10 substitute "make to the Council any
recommendation about the academic affairs of".
9. Statutes
In section 28(3) of the Deakin University Act
1974, for "Governor in Council"(wherever
15 occurring) substitute "Minister".
10. Financial arrangements
(1) In section 30(2) of the Deakin University Act
1974, for "the Governor in Council, upon the
recommendation of the Treasurer, from time to
20 time approves" substitute "the Treasurer, from
time to time, approves after consultation with the
Minister".
(2) In section 30 of the Deakin University Act 1974,
sub-section (4) is repealed.
25 11. New section 33A inserted
After section 33 of the Deakin University Act
1974 insert--
"33A. Disposal of land
(1) The Council must not, without the prior
30 approval of the Minister, alienate (whether in
fee simple or for a lesser estate or interest
other than a leasehold interest not exceeding
6
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University Acts (Further Amendment) Act 1997
s. 12
Act No.
21 years and whether totally or partially or
subject to conditions) any land granted in fee
simple under section 33(3)(a).
(2) The Council must not, without the prior
5 approval of the Minister--
(a) alienate any interest in fee simple of
any land owned by the University if the
sum of the consideration for the transfer
or conveyance of that interest exceeds
10 $1 500 000 or any other amount that the
Minister fixes by instrument published
in the Government Gazette; or
(b) grant a lease for a term exceeding 21
years of any land owned by the
15 University.
(3) Sub-sections (1) and (2) have effect despite
any Act or law to the contrary, including any
rule of common law.".
12. New Division 9 inserted
20 After section 38 of the Deakin University Act
1974 insert--
"Division 9--Transitional
39. First Council appointments for 1998
(1) The members of the Council of Deakin
25 University except the Chancellor, the Vice
Chancellor and the Chairman of the
Academic Board are deemed to have gone
out of office at the end of 31 December 1997
but are eligible for re-election or re-
30 appointment as members of the Council.
(2) In the case only of the first appointments and
elections of members to take effect on 1
January 1998--
7
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University Acts (Further Amendment) Act 1997
s. 12
Act No.
(a) the 3 members referred to in section
7(1)(d) shall be persons appointed by
the Minister who, on 31 December
1997, were members of the staff of
5 Deakin University;
(b) the 2 members referred to in section
7(1)(e) shall be persons appointed by
the Minister who, on 31 December
1997 were enrolled students of Deakin
10 University;
(c) the 6 members referred to in section
7(1)(h) shall be persons appointed by
the members of the Council who were
in office before 31 December 1997.
15 (3) Of the members appointed by the Minister
under sub-section (2)(a)--
(a) one must be appointed until 31
December 1998;
(b) 2 must be appointed until 31 December
20 1999.
(4) The members appointed by the Minister
under sub-section (2)(b) must be appointed
until 31 December 1998.
(5) Of the members appointed by the Council
25 under sub-section (2)(c)--
(a) 2 must be appointed until 31 December
1998;
(b) 2 must be appointed until 31 December
1999;
30 (c) 2 must be appointed until 31 December
2000.
(6) In the case only of the first appointments of
members to the Council by the Governor in
8
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University Acts (Further Amendment) Act 1997
s. 12
Act No.
Council under section 7(1)(f) to take effect
on 1 January 1998--
(a) 2 must be appointed until 31 December
1998;
5 (b) 2 must be appointed until 31 December
1999;
(c) 2 must be appointed until 31 December
2000.
(7) After the first appointments referred to in
10 this section, all appointments and elections
to the Council shall be made in accordance
with the provisions of this Act other than this
section.".
_______________
15
9
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 13
Act No.
PART 3--LA TROBE UNIVERSITY
13. Disposal of land
No. 7189. The proviso to section 3(2) of the La Trobe
Reprint No. 3
University Act 1964 is repealed.
as at 27
February
1997.
5 14. New section 7 substituted
For section 7 of the La Trobe University Act
1964 substitute--
"7. Composition of Council
(1) The Council shall consist of--
10 (a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Chairman of the Academic Board;
(d) 3 persons elected by and from the staff
of the University prescribed by the
15 Statutes;
(e) 2 persons elected by and from the
students enrolled at the University
prescribed by the Statutes;
(f) 6 persons appointed by the Governor in
20 Council;
(g) one person appointed by the Minister;
(h) 6 persons appointed by the Council.
(2) If the Chairman of the Academic Board is
not a professor or an associate professor, one
25 of the members of staff elected under sub-
section (1)(d) must be elected from the staff
who are professors or associate professors.
(3) If the Chairman of the Academic Board is
the Vice Chancellor of the University, the
10
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 15
Act No.
Deputy Chairman of the Academic Board is
to be a member of the Council for the
purposes of sub-section (1)(c).
(4) Of the persons appointed under sub-section
5 (1)(f) and (h)--
(a) 2 must be persons who have experience
and interests in the Bendigo region;
(b) one must be a person who has
experience and interests in the Albury-
10 Wodonga region;
(c) one must be a person with substantial
business experience;
(d) one must be a person with
qualifications and experience in
15 financial matters.
(5) Not more than 3 members of the Council
appointed under sub-section (1)(f) and (h)
may be persons whose normal place of
residence is outside Australia.
20 (6) A person appointed under sub-section (1)(f)
or (h) must not be a person whose sole or
principal employment is in connection with
his or her duties as a member of the staff.".
15. New section 8 substituted
25 For section 8 of the La Trobe University Act
1964 substitute--
"8. Term of office of Council members
Subject to this Act, a member of the
Council--
30 (a) appointed by the Governor in Council,
the Minister or the Council holds office
until 31 December in the second year
11
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University Acts (Further Amendment) Act 1997
s. 16
Act No.
next following the year his or her
appointment takes effect;
(b) elected by members of staff holds
office until 31 December in the year
5 next following the year his or her
election takes effect;
(c) elected by enrolled students holds
office until 31 December in the year
that his or her election takes effect.".
10 16. Consequential amendments
(1) For section 9(2) of the La Trobe University Act
1964 substitute--
"(2) Any change in the membership, or the
academic rank of the member, of the Council
15 under section 7(1)(c) does not affect the
membership of the Council by a person who
is elected under section 7(1)(d) during the
term of appointment under section 7(1)(d).".
(2) In section 9 of the La Trobe University Act
20 1964, sub-section (4) is repealed.
(3) In section 11 of the La Trobe University Act
1964--
(a) in sub-section (1) after "prescribed" insert
"by the Statutes";
25 (b) in sub-section (2) omit "or regulations".
(4) In section 14 of the La Trobe University Act
1964--
(a) in sub-section (1) for "(1) If" substitute "If";
(b) sub-section (2) is repealed.
30 17. Casual vacancies
For section 15(1) of the La Trobe University Act
1964 substitute--
12
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University Acts (Further Amendment) Act 1997
s. 18
Act No.
"(1) If the office of a member of the Council
becomes vacant otherwise than by reason of
the expiry of the member's term of office, a
person must be appointed or elected as
5 prescribed to fill the vacancy.
(1A) If the vacancy occurs within 3 months before
the expiry of a member's term of office, the
office may be left vacant for the remainder
of the term.
10 (1B) Despite section 7(1)(f), the Minister, after
consultation with the Chancellor, may
appoint a person to a casual vacancy in the
office of a member who is required by that
provision to be appointed by the Governor in
15 Council.".
18. Council functions
In section 22 of the La Trobe University Act
1964, for "management" substitute "direction".
19. Academic Board
20 In section 27(3)(a) of the La Trobe University
Act 1964, for "discuss and submit to the Council
an opinion on any matter whatsoever relating to"
substitute "make to the Council any
recommendation about the academic affairs of".
25 20. Statutes
(1) In section 30(1) of the La Trobe University Act
1964, after paragraph (da) insert--
"(db) the ascertainment by the Council of the
opinion of enrolled students upon anything
30 affecting the student body;".
(2) In section 30(3) of the La Trobe University Act
1964 for "Governor in Council"(wherever
occurring) substitute "Minister".
13
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University Acts (Further Amendment) Act 1997
s. 21
Act No.
21. Financial arrangements
(1) In section 33(2) of the La Trobe University Act
1964, for "the Governor in Council, upon the
recommendation of the Treasurer, from time to
5 time approves" substitute "the Treasurer, from
time to time, approves after consultation with the
Minister".
(2) In section 33 of the La Trobe University Act
1964, sub-section (4) is repealed.
10 22. Disposal of land
After section 36(4) of the La Trobe University
Act 1964 insert--
"(5) The Council must not, without the prior
approval of the Minister, alienate (whether in
15 fee simple or for a lesser estate or interest
other than a leasehold interest not exceeding
21 years and whether totally or partially or
subject to conditions) any land granted in fee
simple under sub-section (4)(a).
20 (6) The Council must not, without the prior
approval of the Minister--
(a) alienate any interest in fee simple in
any land owned by the University,
other than land referred to in sub-
25 section (4)(a), if the sum of the
consideration for the transfer or
conveyance of that interest exceeds $1
500 000 or any other amount that the
Minister fixes by instrument published
30 in the Government Gazette; or
(b) grant a lease for a term exceeding 21
years of any land owned by the
14
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 23
Act No.
University other than land referred to in
sub-section (4)(a).
(7) Sub-sections (5) and (6) have effect despite
any Act or law to the contrary, including any
5 rule of common law.".
23. New Division inserted
After section 42A of La Trobe University Act
1964 insert--
"Division 11--Transitional
10 43. First Council appointments for 1998
(1) The members of the Council of La Trobe
University, except the Chancellor, the Vice-
Chancellor and the chairman of the
Academic Board are deemed to have gone
15 out of office at the end of 31 December 1997
but are eligible for re-election or re-
appointment as members of the Council.
(2) In the case only of the first appointments and
elections of members to take effect on or
20 after 1 January 1998--
(a) the 3 members referred to in section
7(1)(d) shall be persons appointed by
the Minister who, on 31 December
1997, were members of the staff of La
25 Trobe University;
(b) the 2 members referred to in section
7(1)(e) shall be persons appointed by
the Minister who, on 31 December
1997 were enrolled students of La
30 Trobe University;
(c) the 6 members referred to in section
7(1)(h) shall be persons appointed by
15
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University Acts (Further Amendment) Act 1997
s. 23
Act No.
the members of the Council in office
before 31 December 1997.
(3) Of the members appointed by the Minister
under sub-section (2)(a)--
5 (a) one must be appointed until 31
December 1998;
(b) 2 must be appointed until 31 December
1999.
(4) The members appointed by the Minister
10 under sub-section (2)(b) must be appointed
until 31 December 1998.
(5) Of the members appointed by the Council
under sub-section (2)(c)--
(a) 2 must be appointed until 31 December
15 1998;
(b) 2 must be appointed until 31 December
1999;
(c) 2 must be appointed until 31 December
2000.
20 (6) In the case only of the first appointments of
members to the Council by the Governor in
Council under section 7(1)(f) to take effect
on 1 January 1998--
(a) 2 must be appointed until 31 December
25 1998;
(b) 2 must be appointed until 31 December
1999;
(c) 2 must be appointed until 31 December
2000;
16
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 23
Act No.
(7) After the first appointments referred to in
this section, all appointments and elections
to the Council shall be made in accordance
with the provisions of this Act other than this
5 section.".
_______________
17
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University Acts (Further Amendment) Act 1997
s. 24
Act No.
PART 4--THE UNIVERSITY OF MELBOURNE
24. Powers of the Council
No. 6405. In section 4 of the Melbourne University Act
Reprint No. 4
1958--
as at 27
February 1997
5 (a) the proviso to sub-section (2) is repealed;
and further
amended by
(b) in sub-section (6) for "The proviso to sub-
No. 9/1997.
section (2) shall" substitute "Section 41B(2)
does".
25. New section 5 substituted
10 For section 5 of the Melbourne University Act
1958 substitute--
"5. The Council
(1) The Council is the governing authority of the
University.
15 (2) The Council shall consist of--
(a) the Chancellor;
(b) the person who is the Vice-Chancellor
and Principal;
(c) the Chairperson of the Academic
20 Board;
(d) 3 persons elected by and from the staff
of the University prescribed by the
Statutes;
(e) 2 persons elected by and from the
25 students enrolled at the University
prescribed by the Statutes;
(f) 6 persons appointed by the Governor in
Council;
(g) one person appointed by the Minister;
30 (h) 6 persons appointed by the Council.
18
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University Acts (Further Amendment) Act 1997
s. 26
Act No.
(3) If the Chairperson of the Academic Board is
not a professor or an associate professor, one
of the members of staff elected under sub-
section (2)(d) must be elected from the staff
5 who are professors or associate professors.
(4) Of the members appointed under sub-section
(2)(f) and (h)--
(a) one must be a person with substantial
business experience;
10 (b) one must be a person with
qualifications and experience in
financial matters.
(5) Not more than 3 members of the Council
appointed under sub-section (2)(f) and (h)
15 may be persons whose normal place of
residence is outside Australia.".
26. New section 6 substituted and section 6A repealed
For sections 6 and 6A of the Melbourne
University Act 1958 substitute--
20 "6. Term of office of Council members
(1) Subject to this Act, a member of the
Council--
(a) appointed by the Governor in Council,
the Minister or the Council holds office
25 until 31 December in the second year
next following the year his or her
appointment takes effect;
(b) elected by members of staff holds
office until 31 December in the year
30 next following the year his or her
election takes effect;
(c) elected by enrolled students holds
office until 31 December in the year his
or her election takes effect.
19
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University Acts (Further Amendment) Act 1997
s. 27
Act No.
(2) A member of the Council appointed by the
Governor in Council may, at any time, be
removed by the Governor in Council.
(3) A member of the Council appointed by the
5 Minister may, at any time, be removed by
the Minister.
(4) If a member of the Council becomes entitled
to be a member ex officio--
(a) that member is deemed to hold office
10 ex officio; and
(b) the vacated office of that member shall
be filled in the manner prescribed for
the filling of casual vacancies.
(5) Any change in the membership, or the
15 academic rank of the member, of the Council
under section 5(2)(c) does not affect the
membership of the Council by a person who
is elected under section 5(2)(d) during the
term of appointment under section 5(2)(d).".
20 27. Consequential amendments and repeals
(1) In section 7 of the Melbourne University Act
1958--
(a) in sub-section (1) omit "or regulations";
(b) in sub-section (2) for "In the case of
25 elections of members by convocation or by
undergraduate students such statutes or
regulations" substitute "The statutes";
(c) in sub-section (3)(a) omit "(other than
members appointed by co-option)";
30 (d) in sub-section (3)(a) omit "undergraduate
students or graduate".
(2) Sections 7A, 7B and 7D of the Melbourne
University Act 1958 are repealed.
20
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 28
Act No.
(3) In section 9(a) of the Melbourne University Act
1958, omit "not being a member elected by
graduate students or undergraduate students,".
28. Casual vacancies
5 (1) In the proviso to section 10(4) of the Melbourne
University Act 1958, omit paragraph (a).
(2) After section 10(4) of the Melbourne University
Act 1958, insert--
"(5) Despite section 5(2)(f), the Minister, after
10 consultation with the Chancellor, may
appoint a person to a casual vacancy in the
office of a member who is required by that
provision to be appointed by the Governor in
Council.".
15 (3) In section 15(2) of the Melbourne University
Act 1958, paragraph (bd) is repealed.
29. Statutes
After section 17(1)(r)(ii) of the Melbourne
University Act 1958 insert--
20 "; or
(iii) any other work is undertaken that assists the
University to attain any of its objects.".
30. Convocation
(1) In section 23 of the Melbourne University Act
25 1958, sub-sections (8) and (9) are repealed.
(2) In section 23 (10) of the Melbourne University
Act 1958, for "elected by convocation so far as
regards tenure of office," substitute "so far as
regards".
30 (3) In section 25 of the Melbourne University Act
1958, paragraph (a) is repealed.
21
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University Acts (Further Amendment) Act 1997
s. 31
Act No.
31. Academic Board
In section 28(2)(a) of the Melbourne University
Act 1958, for "discuss and forward to the Council
an opinion on any matter whatsoever relating to"
5 substitute "make to the Council any
recommendation about the academic affairs of"
32. Powers of Convocation
In section 30 of the Melbourne University Act
1958, sub-sections (1), (1A), (1B) and (3) are
10 repealed.
33. Approval of Statutes
In section 31(1)(c) and (2) of the Melbourne
University Act 1958, for "Governor in Council"
substitute "Minister".
15 34. Financial arrangements
In section 32(1) of the Melbourne University
Act 1958, for "the Governor in Council, upon the
recommendation of the Treasurer, from time to
time approves" substitute "the Treasurer, from
20 time to time, approves after consultation with the
Minister".
35. Companies, etc
In sections 40A(1) and 40B(1) of the Melbourne
University Act 1958, for "the management or
25 conduct of the affairs or concerns of the
University requires the University so to do"
substitute "it is in the interests of the management
or conduct of the affairs or concerns of the
University to do so".
30 36. New section 41B inserted
After section 41A of the Melbourne University
Act 1958 insert--
22
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 37
Act No.
"41B. Disposal of land
(1) The Council must not, without the prior
approval of the Minister, alienate (whether in
fee simple or for a lesser estate or interest
5 except a leasehold interest not exceeding 21
years and whether totally or partially or
subject to conditions) any land granted in fee
simple under section 41A(4)(a).
(2) The Council must not, without the prior
10 approval of the Minister--
(a) alienate any interest in fee simple in
any land owned by the University,
other than land referred to in section
41A(4)(a), if the sum of the
15 consideration for the transfer or
conveyance of that interest exceeds
$1 500 000 or any other amount that the
Minister fixes by instrument published
in the Government Gazette; or
20 (b) grant a lease for a term exceeding 21
years of any land owned by the
University other than land referred to in
section 41A(4)(a).
(3) Sub-sections (1) and (2) have effect despite
25 any Act or law to the contrary, including any
rule of common law.".
37. New Part IV inserted
After section 47 of Melbourne University Act
1958 insert--
30 "PART IV--TRANSITIONAL
23
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 37
Act No.
48. First Council appointments for 1998
(1) The members of the Council of The
University of Melbourne, except the
Chancellor, the person who is the vice-
5 chancellor and principal and the person who
is the chairperson of the Academic Board are
deemed to have gone out of office at the end
of 31 December 1997 but are eligible for re-
election or re-appointment as members of the
10 Council.
(2) In the case only of the first appointments and
elections of members to take effect on 1
January 1998--
(a) the 3 members referred to in section
15 5(2)(d) shall be persons appointed by
the Minister who, on 31 December
1997, were members of the staff of
Melbourne University;
(b) the 2 members referred to in section
20 5(2)(e) shall be persons appointed by
the Minister who, on 31 December
1997 were enrolled students of
Melbourne University;
(c) the 6 members referred to in section
25 5(2)(h) shall be persons appointed by
the members of the Council in office
before 31 December 1997.
(3) Of the members appointed by the Minister
under sub-section (2)(a)--
30 (a) one must be appointed until 31
December 1998;
(b) 2 must be appointed until 31 December
1999.
24
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University Acts (Further Amendment) Act 1997
s. 37
Act No.
(4) The members appointed by the Minister
under sub-section (2)(b) must be appointed
until 31 December 1998.
(5) Of the members appointed by the Council
5 under sub-section (2)(c)--
(a) 2 must be appointed until 31 December
1998;
(b) 2 must be appointed until 31 December
1999;
10 (c) 2 must be appointed until 31 December
2000.
(6) In the case only of the first appointments of
members to the Council by the Governor in
Council under section 5(2)(f) to take effect
15 on 1 January 1998--
(a) 2 must be appointed until 31 December
1998;
(b) 2 must be appointed until 31 December
1999;
20 (c) 2 must be appointed until 31 December
2000.
(7) After the first appointments referred to in
this section, all appointments and elections
to the Council shall be made in accordance
25 with the provisions of this Act other than this
section.".
_______________
25
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 38
Act No.
PART 5--MONASH UNIVERSITY
38. Disposal of land
No. 6184. The proviso to section 3(2) of the Monash
Reprint No. 3
University Act 1958 is repealed.
as at 27
February
1997.
5 39. Objects of the University
In section 5(d) of the Monash University Act
1958, after "Victoria" insert "and elsewhere".
40. New section 7 substituted
For section 7 of the Monash University Act 1958
10 substitute--
"7. Composition of Council
(1) The Council shall consist of--
(a) the Chancellor;
(b) the Vice-Chancellor and President;
15 (c) the Chairperson of the Academic
Board;
(d) 3 persons elected by and from the staff
of the University prescribed by the
Statutes;
20 (e) 2 persons elected by and from the
students enrolled at the University
prescribed by the Statutes;
(f) 6 persons appointed by the Governor in
Council;
25 (g) one person appointed by the Minister;
(h) 6 persons appointed by the Council.
(2) If the Chairperson of the Academic Board is
not a professor or an associate professor, one
26
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 41
Act No.
of the members of staff elected under sub-
section (1)(d) must be elected from the staff
who are professors or associate professors.
(3) If the Chairperson of the Academic Board is
5 the Vice-Chancellor and President of the
University, the Deputy Chairperson of the
Academic Board is to be a member of the
Council for the purposes of sub-section
(1)(c).
10 (4) Of the members appointed under sub-section
(1)(f) and (h)--
(a) one must be a person with substantial
business experience;
(b) one must be a person with
15 qualifications and experience in
financial matters.
(5) Not more than 3 members of the Council
appointed under sub-section (1)(f) and (h)
may be persons whose normal place of
20 residence is outside Australia.".
41. New section 8 substituted
For section 8 of the Monash University Act 1958
substitute--
"8. Term of office of Council members
25 Subject to this Act, a member of the
Council--
(a) appointed by the Governor in Council,
the Minister or the Council holds office
until 31 December in the second year
30 next following the year his or her
appointment takes effect;
(b) elected by members of staff holds
office until 31 December in the year
27
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 42
Act No.
next following the year his or her
election takes effect;
(c) elected by enrolled students holds
office until 31 December in the year
5 that his or her election takes effect.".
42. Consequential amendments
(1) For section 9(2) of the Monash University Act
1958 substitute--
"(2) Any change in the membership, or the
10 academic rank of a member, of the Council
under section 7(1)(c) does not affect the
membership of the Council by a person
elected under section 7(1)(d) during the term
of appointment under section 7(1)(d).".
15 (2) In section 9(3) of the Monash University Act
1958, for "a professor, a dean of a faculty, a
member of the teaching staff of the University, a
member of the staff of the University (other than
the teaching staff)" substitute "a member of the
20 staff of the University".
43. Casual vacancies
(1) In section 15(4) of the Monash University Act
1958 for "Except as is otherwise provided with
respect to members appointed by co-option as
25 being deans of faculties a" substitute "A".
(2) For the proviso to section 15(4) of the Monash
University Act 1958 substitute--
"(5) If the vacancy occurs within 3 months before
the expiry of a member's term of office, the
30 office may be left vacant for the remainder
of the term.
(6) Despite section 7(1)(f), the Minister, after
consultation with the Chancellor, may
appoint a person to a casual vacancy in the
28
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 44
Act No.
office of a member who is required by that
provision to be appointed by the Governor in
Council.".
44. Powers and functions of the Council and Academic
5 Board
(1) In section 22 of the Monash University Act
1958, for "management" substitute "direction".
(2) In section 26(2)(a) of the Monash University Act
1958, for "discuss and submit to the Council an
10 opinion on any matter whatsoever relating to"
substitute "make to the Council any
recommendation about the academic affairs of".
45. Statutes
In section 29(1) of the Monash University Act
15 1958 for "Governor in Council" (wherever
occurring) substitute "Minister".
46. Financial arrangements
(1) In section 32(2) of the Monash University Act
1958 for "the Governor in Council, upon the
20 recommendation of the Treasurer, from time to
time approves" substitute "the Treasurer, from
time to time, approves after consultation with the
Minister".
(2) In section 32 of the Monash University Act
25 1958, sub-section (4) is repealed.
47. New section 35AA inserted
After section 35 of the Monash University Act
1958 insert--
"35AA. Disposal of land
30 (1) The Council must not, without the prior
approval of the Minister, alienate (whether in
fee simple or for a lesser estate or interest
other than a leasehold interest not exceeding
29
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 48
Act No.
21 years and whether totally or partially or
subject to conditions) any land granted in fee
simple under section 35(4)(a).
(2) The Council must not, without the prior
5 approval of the Minister--
(a) alienate any interest in fee simple in
any land owned by the University,
other than land referred to in section
35(4)(a), if the sum of the consideration
10 for the transfer or conveyance of that
interest exceeds $1 500 000 or any
other amount that the Minister fixes by
instrument published in the
Government Gazette; or
15 (b) grant a lease for a term exceeding 21
years of any land owned by the
University other than land referred to in
section 35(4)(a).
(3) Sub-sections (1) and (2) have effect despite
20 any Act or law to the contrary, including any
rule of common law.".
48. New Division 10 inserted
After section 42 of the Monash University Act
1958 insert--
25 "Division 10--Transitional
43. First Council appointments for 1998
(1) The members of the Council of Monash
University, except the Chancellor and the
person who is the Vice-Chancellor and
30 President are deemed to have gone out of
office at the end of 31 December 1997 but
are eligible for re-election or re-appointment
as members of the Council.
30
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 48
Act No.
(2) In the case only of the first appointments and
elections of members to take effect on 1
January 1998--
(a) the 3 members referred to in section
5 7(1)(d) shall be persons appointed by
the Minister who, on 31 December
1997, were members of the staff of
Monash University;
(b) the 2 members referred to in section
10 7(1)(e) shall be persons appointed by
the Minister who, on 31 December
1997 were enrolled students of Monash
University;
(c) the 6 members referred to in section
15 7(1)(h) shall be persons appointed by
the members of the Council who were
in office before 31 December 1997.
(3) Of the members appointed by the Minister
under sub-section (2)(a)--
20 (a) one must be appointed until 31
December 1998;
(b) 2 must be appointed until 31 December
1999.
(4) The members appointed by the Minister
25 under sub-section (2)(b) must be appointed
until 31 December 1998.
(5) Of the members appointed by the Council
under sub-section (2)(c)--
(a) 2 must be appointed until 31 December
30 1998;
(b) 2 must be appointed until 31 December
1999;
(c) 2 must be appointed until 31 December
2000.
31
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 48
Act No.
(6) In the case only of the first appointments of
members to the Council by the Governor in
Council under section 7(1)(f) to take effect
on or after 1 January 1998--
5 (a) 2 must be appointed until 31 December
1998;
(b) 2 must be appointed until 31 December
1999;
(c) 2 must be appointed until 31 December
10 2000.
(7) After the first appointments referred to in
this section, all appointments and elections
to the Council shall be made in accordance
with the provisions of this Act other than this
15 section.".
_______________
32
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 49
Act No.
PART 6--ROYAL MELBOURNE INSTITUTE OF
TECHNOLOGY
49. The Council
No. 45/1992.
For section 7(2) and (3) of the Royal Melbourne
Reprint No. 1
5 Institute of Technology Act 1992 substitute-- as at 10
October 1996
"(2) The Council shall consist of-- and further
amended by
(a) the Chancellor; No. 57/1996.
(b) the Vice-Chancellor;
(c) the Chairperson of the Academic
10 Board;
(d) the Chairperson of the Board of
Technical Studies or, if that person is
not a member of the staff of the
University, a member of the staff
15 nominated by that Board;
(e) 3 persons elected by and from the staff
of the University prescribed by the
Statutes;
(f) 2 persons elected by and from the
20 students enrolled at the University
prescribed by the Statutes ;
(g) 6 persons appointed by the Governor in
Council;
(h) one person appointed by the Minister;
25 (i) 6 persons appointed by the Council.
(3) If the Chairperson of the Academic Board is
not a professor or an associate professor, one
of the members of staff elected under sub-
section (2)(e) must be elected from the staff
30 who are professors or associate professors.
33
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 50
Act No.
(4) Of the members appointed under sub-section
(2)(g) and (i)--
(a) one must be a person with substantial
business experience;
5 (b) one must be a person with
qualifications and experience in
financial matters;
(c) one must be a person who has
substantial knowledge or experience of
10 vocational education and training.
(5) Members appointed under sub-section (2)(g)
or (i) must not be persons who are employed
as staff, or are, students at, the University.
(6) Not more than 3 of the members appointed
15 under sub-section (2)(g) and (i) may be
persons whose normal place of residence is
outside Australia.
(7) Elections of members of the Council shall be
conducted in accordance with the Statutes.".
20 50. New section 8 substituted
For section 8 of the Royal Melbourne Institute
of Technology Act 1992 substitute--
"8. Term of office of Council members
Subject to this Act, a member of the
25 Council--
(a) appointed by the Governor in Council,
the Minister or the Council holds office
until 31 December in the second year
next following the year his or her
30 appointment takes effect;
(b) elected by members of staff holds
office until 31 December in the year
34
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University Acts (Further Amendment) Act 1997
s. 51
Act No.
next following the year his or her
election takes effect;
(c) elected by enrolled students holds
office until 31 December in the year
5 that his or her election takes effect.".
51. Vacancies arising from other appointments
For section 10(3) of the Royal Melbourne
Institute of Technology Act 1992 substitute--
"(3) Any change in the membership, or the
10 academic rank of the member, of the Council
under section 7(2)(c) does not affect the
membership of the Council by a person
elected under section 7(2)(e) during the term
of appointment under section 7(2)(e).".
15 52. Consequential amendments
(1) In section 11 of the Royal Melbourne
Institute of Technology Act 1992, for "(k)"
(where twice occurring) substitute "(i)".
(2) In section 17(4) of the Royal Melbourne
20 Institute of Technology Act 1992--
(a) for "(k)" (where first occurring)
substitute "(i)";
(b) for "(h), (i), (j) or (k)" substitute "(g),
(h) or (i)".
25 53. Casual vacancies
After section 14(2) of the Royal Melbourne
Institute of Technology Act 1992, insert--
"(3) Despite section 7(2)(g), the Minister, after
consultation with the Chancellor, may
30 appoint a person to a casual vacancy in the
office of a member who is required by that
provision to be appointed by the Governor in
Council.".
35
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 54
Act No.
54. Statutes
In section 33(4)(c) and (5) of the Royal
Melbourne Institute of Technology Act 1992 for
"Governor in Council" substitute "Minister".
5 55. Borrowing powers
In section 36(2) of the Royal Melbourne
Institute of Technology Act 1992 for "the
Governor in Council, upon the recommendation of
the Treasurer, from time to time approves"
10 substitute "the Treasurer, from time to time,
approves after consultation with the Minister".
56. Disposal of land
After section 37(5) of the Royal Melbourne
Institute of Technology Act 1992 insert--
15 "(6) The Council must not, without the prior
approval or the Minister, alienate (whether in
fee simple or for a lesser estate or interest
other than a leasehold interest not exceeding
21 years and whether totally or partially or
20 subject to conditions) any land granted in fee
simple under sub-section (3)(a).
(7) The Council must not, without the prior
approval of the Minister--
(a) alienate any interest in fee simple in
25 any land owned by the University,
other than land referred to in sub-
section (3)(a), if the sum of the
consideration for the transfer or
conveyance of that interest exceeds $1
30 500 000 or any other amount that the
Minister fixes by instrument published
in the Government Gazette; or
36
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 57
Act No.
(b) grant a lease for a term exceeding 21
years of any land owned by the
University other than land referred to in
sub-section (4)(a).
5 (8) Sub-sections (6) and (7) have effect despite
any Act or law to the contrary, including any
rule of common law.".
57. New Part 10 inserted
After section 63 of the Royal Melbourne
10 Institute of Technology Act 1992 insert--
"PART 10--TRANSITIONAL
64. First Council appointments for 1998
(1) All members of the Council of the Royal
Melbourne Institute of Technology except
15 the Chancellor and the Vice-Chancellor are
deemed to go out of office at the end of 31
December 1997 but are eligible for re-
election or re-appointment as members of the
Council or to be members of the Council.
20 (2) In the case only of the first appointments and
elections of members to take effect on or
after 1 January 1998--
(a) the 3 members referred to in section
7(2)(e) shall be persons appointed by
25 the Minister who, on 31 December
1997, were members of the staff of
Royal Melbourne Institute of
Technology;
(b) the 2 members referred to in section
30 7(2)(f) shall be persons appointed by
the Minister who, on 31 December
1997 were enrolled students of Royal
Melbourne Institute of Technology;
37
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 57
Act No.
(c) the 6 members referred to in section
7(2)(i) shall be persons appointed by
the members of the Council who were
in office before 31 December 1997.
5 (3) Of the members appointed by the Minister
under sub-section (2)(a)--
(a) one must be appointed until 31
December 1998;
(b) 2 must be appointed until 31 December
10 1999.
(4) The members appointed by the Minister
under sub-section (2)(b) must be appointed
until 31 December 1998.
(5) Of the members appointed by the Council
15 under sub-section (2)(c)--
(a) 2 must be appointed until 31 December
1998;
(b) 2 must be appointed until 31 December
1999;
20 (c) 2 must be appointed until 31 December
2000.
(6) In the case only of the first appointments of
members to the Council by the Governor in
Council under section 7(2)(g) to take effect
25 on 1 January 1998--
(a) 2 must be appointed until 31 December
1998;
(b) 2 must be appointed until 31 December
1999;
30 (c) 2 must be appointed until 31 December
2000.
38
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 57
Act No.
(7) After the first appointments referred to in
this section, all appointments and elections
to the Council shall be made in accordance
with the provisions of this Act other than this
5 section.".
_______________
39
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 58
Act No.
PART 7--SWINBURNE UNIVERSITY OF TECHNOLOGY
58. New section 7 substituted
No. 44/1992. For section 7 of the Swinburne University of
Reprint No. 1
Technology Act 1992 substitute--
as at 27
February
5 "7. The Council
1997.
(1) The Council is the governing authority of the
University and has the direction and
superintendence of the University.
(2) The Council shall consist of--
10 (a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Chairperson of the Academic
Board;
(d) the Chairperson of the Board of
15 Technical Studies or, if that person is
not a member of the staff of the
University, a member of the staff
nominated by that Board;
(e) 3 persons elected by and from the staff
20 of the University prescribed by the
Statutes;
(f) 2 persons elected by and from the
students enrolled at the University
prescribed by the Statutes;
25 (g) 6 persons appointed by the Governor in
Council;
(h) one person appointed by the Minister;
(i) 6 persons appointed by the Council.
(3) If the Chairperson of the Academic Board is
30 not a professor or an associate professor, one
of the members of staff elected under sub-
40
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 59
Act No.
section (2)(e) must be elected from the staff
who are professors or associate professors.
(4) Of the members appointed under sub-section
(2)(g) and (i)--
5 (a) one must be a person with substantial
business experience;
(b) one must be a person with
qualifications and experience in
financial matters;
10 (c) one must be a person who has
substantial knowledge or experience of
vocational education and training;
(d) one must be a person who resides in the
Outer Eastern region of Melbourne.
15 (5) Members appointed under sub-section (2)(g)
or (i) must not be persons who are employed
as staff, or are, students at, the University.
(6) Not more than 3 of the members appointed
under sub-section (2)(g) and (i) may be
20 persons whose normal place of residence is
outside Australia.
(7) Elections of members of the Council shall be
conducted in accordance with the Statutes.".
59. New section 8 substituted
25 For section 8 of the Swinburne University of
Technology Act 1992 substitute--
"8. Term of office of Council members
Subject to this Act, a member of the
Council--
30 (a) appointed by the Governor in Council,
the Minister or the Council holds office
until 31 December in the second year
41
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 60
Act No.
next following the year his or her
appointment takes effect;
(b) elected by members of staff holds
office until 31 December in the year
5 next following the year his or her
election takes effect;
(c) elected by enrolled students holds
office until 31 December in the year
that his or her election takes effect.".
10 60. Vacancies arising from other appointment
For section 10(3) of the Swinburne University of
Technology Act 1992 substitute--
"(3) Any change in the membership, or the
academic rank of the member, of the Council
15 under section 7(2)(c) does not affect the
membership of the Council by a person
elected under section 7(2)(e) during term of
appointment under section 7(2)(e).".
61. Consequential amendments
20 (1) In section 11 of the Swinburne University of
Technology Act 1992, for "(j)" (where twice
occurring) substitute "(i)".
(2) In section 17(4) of the Swinburne University of
Technology Act 1992--
25 (a) for "(j)" (where first occurring) substitute
"(i)";
(b) for ", (i) or (j)" substitute "or (i)".
62. Casual vacancies
After section 14(2) of the Swinburne University
30 of Technology Act 1992 insert--
"(3) Despite section 7(2)(g), the Minister, after
consultation with the Chancellor, may
appoint a person to a casual vacancy in the
42
531207B.I1-16/9/97
University Acts (Further Amendment) Act 1997
s. 63
Act No.
office of a member who is required by that
provision to be appointed by the Governor in
Council.".
63. Statutes
5 In section 38(3)(c) and (4) of the Swinburne
University of Technology Act 1992, for
"Governor in Council" substitute "Minister".
64. Borrowing powers
In section 41(2) of the Swinburne University of
10 Technology Act 1992 for "the Governor in
Council, upon the recommendation of the
Treasurer, from time to time approves" substitute
"the Treasurer, from time to time, approves after
consultation with the Minister".
15 65. Disposal of land
(1) In section 42(3A) of the Swinburne University of
Technology Act 1992, after "or interest" insert
"except a leasehold interest not exceeding 21
years".
20 (2) For section 42(3B) of the Swinburne University
of Technology Act 1992 substitute--
"(3B) The Council must not, without the prior
approval of the Minister--
(a) alienate any interest in fee simple of
25 any land owned by the University,
other than land referred to in sub-
section (3)(a), if the sum of the
consideration for the transfer or
conveyance of that interest exceeds $1
30 500 000 or any other amount that the
Minister fixes by instrument published
in the Government Gazette; or
(b) grant a lease for a term exceeding 21
years of any land owned by the
43
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University Acts (Further Amendment) Act 1997
s. 66
Act No.
University other than land referred to in
sub-section (3)(a).
(3C) Sub-sections (3A) and (3B) have effect
despite any Act or law to the contrary,
5 including any rule of common law.".
66. New Part 10 substituted
For Part 10 of the Swinburne University of
Technology Act 1992 substitute--
"PART 10--TRANSITIONAL
10 68. First Council appointments for 1998
(1) All members of the Council of the
Swinburne University of Technology, except
the Chancellor, the Vice-Chancellor and the
Chairperson of the Academic Board are
15 deemed to go out of office at the end of 31
December 1997 but are eligible for re-
election or re-appointment as members of the
Council or to be members of the Council.
(2) In the case only of the first appointments and
20 elections of members to take effect on 1
January 1998--
(a) the 3 members referred to in section
7(2)(e) shall be persons appointed by
the Minister who, on 31 December
25 1997, were members of the staff of
Swinburne University of Technology;
(b) the 2 members referred to in section
7(2)(f) shall be persons appointed by
the Minister who, on 31 December
30 1997 were enrolled students of
Swinburne University of Technology;
(c) the 6 members referred to in section
7(2)(i) shall be persons appointed by
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University Acts (Further Amendment) Act 1997
s. 66
Act No.
the members of the Council who were
in office before 31 December 1997.
(3) Of the members appointed by the Minister
under sub-section (2)(a)--
5 (a) one must be appointed until 31
December 1998;
(b) 2 must be appointed until 31 December
1999.
(4) The members appointed by the Minister
10 under sub-section (2)(b) must be appointed
until 31 December 1998.
(5) Of the members appointed by the Council
under sub-section (2)(c)--
(a) 2 must be appointed until 31 December
15 1998;
(b) 2 must be appointed until 31 December
1999;
(c) 2 must be appointed until 31 December
2000.
20 (6) In the case only of the first appointments of
members to the Council by the Governor in
Council under section 7(2)(g) to take effect
on or after 1 January 1998--
(a) 2 must be appointed until 31 December
25 1998;
(b) 2 must be appointed until 31 December
1999;
(c) 2 must be appointed until 31 December
2000.
30 (7) After the first appointments referred to in
this section, all appointments and elections
to the Council shall be made in accordance
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University Acts (Further Amendment) Act 1997
s. 66
Act No.
with the provisions of this Act other than this
section.".
_______________
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University Acts (Further Amendment) Act 1997
s. 67
Act No.
PART 8--VICTORIA UNIVERSITY OF TECHNOLOGY
67. New section 7 substituted
No. 21/1990.
For section 7 of the Victoria University of
Reprint No. 1
Technology Act 1990 substitute-- as at 21
February
5 "7. The Council 1997.
(1) The Council is the governing authority of the
University and has the direction and
superintendence of the University.
(2) The Council shall consist of--
10 (a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Chairperson of the Academic
Board;
(d) the Chairperson of the Board of
15 Technical Studies or, if that person is
not a member of the staff of the
University, a member of the staff
nominated by that Board;
(e) 3 persons elected, by and from the staff
20 of the University prescribed by the
Statutes;
(f) 2 persons elected by and from the
students enrolled at the University
prescribed by the Statutes;
25 (g) 6 persons appointed by the Governor in
Council;
(h) one person appointed by the Minister;
(i) 6 persons appointed by the Council.
(3) If the Chairperson of the Academic Board is
30 not a professor or an associate professor, one
of the members of staff appointed under sub-
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s. 68
Act No.
section (2)(e) must be elected from the staff
who are professors or associate professors.
(4) Of the members appointed under sub-section
(2)(g) and (i)--
5 (a) one must be a person with substantial
business experience;
(b) one must be a person with
qualifications and experience in
financial matters;
10 (c) one must be a person who has
substantial knowledge or experience of
vocational education and training;
(d) 3 must be persons who live or work in
or about the Western Metropolitan
15 Region of Melbourne.
(5) Not more than 3 of the members appointed
under sub-section (2)(g) and (i) may be
persons whose normal place of residence is
outside Australia.
20 (6) Elections of members of the Council shall be
conducted in accordance with the Statutes.".
68. New section 8 substituted
For section 8 of the Victoria University of
Technology Act 1990 substitute--
25 "8. Term of office of Council members
Subject to this Act, a member of the
Council--
(a) appointed by the Governor in Council,
the Minister or the Council holds office
30 until 31 December in the second year
next following the year his or her
appointment takes effect;
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University Acts (Further Amendment) Act 1997
s. 69
Act No.
(b) elected by members of staff holds
office until 31 December in the year
next following the year his or her
election takes effect;
5 (c) elected by enrolled students holds
office until 31 December in the year
that his or her election takes effect.".
69. Vacancies arising from other appointment
For section 10(3) of the Victoria University of
10 Technology Act 1990 substitute--
"(3) Any change in the membership, or the
academic rank of the member of, the Council
under section 7(2)(c) does not affect the
membership of the Council by a person
15 elected under section 7(2)(e) during the term
of appointment under section 7(2)(e).".
70. Casual vacancies
After section 14(2) of the Victoria University of
Technology Act 1990 insert--
20 "(3) Despite section 7(2)(g), the Minister, after
consultation with the Chancellor, may
appoint a person to a casual vacancy in the
office of a member who is required by that
provision to be appointed by the Governor in
25 Council.".
71. TAFE Division
In section 27(1) of the Victoria University of
Technology Act 1990, after "Board of Technical
and Further Education" insert ", the Board of
30 Technical Studies".
72. New section 34C inserted
After section 34B of the Victoria University of
Technology Act 1990 insert--
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University Acts (Further Amendment) Act 1997
s. 73
75
Act No.
"34C. Board of Technical Studies
(1) There shall be a Board of Technical Studies
for the purposes of--
(a) academic oversight of prescribed
5 programs and courses of study in
technical and further education; and
(b) providing advice to the Council and the
Board of Technical and Further
Education on--
10 (i) the conduct and content of those
programs and courses; and
(ii) the awarding of certificates and
diplomas in technical and further
education.
15 (2) The Board of Technical Studies shall consist
of the prescribed number of members each of
whom is elected or appointed as prescribed.
(3) There shall be a chairperson and deputy
chairperson of the Board of Technical
20 Studies elected by the Board.".
73. Statutes
In section 35 (4) and (5) of the Victoria
University of Technology Act 1990, for
"Governor in Council" substitute "Minister".
25 74. Borrowing powers
In section 37(2) of the Victoria University of
Technology Act 1990, for "the Governor in
Council, upon the recommendation of the
Treasurer, from time to time approves" substitute
30 "the Treasurer, from time to time, approves after
consultation with the Minister".
75. Disposal of land
50
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University Acts (Further Amendment) Act 1997
Act No.
(2) After section 40(5) of the Victoria University of
Technology Act 1990 insert--
"(6) The Council must not, without the prior
approval of the Minister, alienate (whether in
5 fee simple or for a lesser estate or interest
except a leasehold interest not exceeding 21
years and whether totally or partially or
subject to conditions) any land granted in fee
simple under sub-section (3)(a).
10 (7) The Council must not, without the prior
approval of the Minister--
(a) alienate any interest in fee simple of
any land owned by the University,
other than land referred to in sub-
15 section (3)(a), if the sum of the
consideration for the transfer or
conveyance of that interest exceeds $1
500 000 or any other amount that the
Minister fixes by instrument published
20 in the Government Gazette; or
(b) grant a lease for a term exceeding 21
years of any land owned by the
University other than land referred to in
sub-section (3)(a).
25 (8) Sub-sections (6) and (7) have effect despite
any Act or law to the contrary, including any
rule of common law.".
76. New Part 9 substituted
For Part 9 of the Victoria University of
30 Technology Act 1990 substitute--
"PART 9--TRANSITIONAL
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University Acts (Further Amendment) Act 1997
s. 76
Act No.
69. First Council appointments for 1998
(1) All members of the Council of the Victoria
University of Technology, except the
Chancellor, the Vice-Chancellor and the
5 Chairperson of the Academic Board are
deemed to go out of office at the end of 31
December 1997 but are eligible for re-
election or re-appointment as members of the
Council or to be members of the Council.
10 (2) In the case only of the first appointments and
elections of members to take effect on 1
January 1998--
(a) the 3 members referred to in section
7(2)(e) shall be persons appointed by
15 the Minister who, on 31 December
1997, were members of the staff of
Victoria University of Technology;
(b) the 2 members referred to in section
7(2)(f) shall be persons appointed by
20 the Minister who, on 31 December
1997 were enrolled students of Victoria
University of Technology;
(c) the 6 members referred to in section
7(2)(i) shall be persons appointed by
25 the members of the Council who were
in office before 31 December 1997.
(3) Of the members appointed by the Minister
under sub-section (2)(a)--
(a) one must be appointed until 31
30 December 1998;
(b) 2 must be appointed until 31 December
1999.
(4) The members appointed by the Minister
under sub-section (2)(b) must be appointed
35 until 31 December 1998.
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University Acts (Further Amendment) Act 1997
s. 76
Act No.
(5) Of the members appointed by the Council
under sub-section (2)(c)--
(a) 2 must be appointed until 31 December
1998;
5 (b) 2 must be appointed until 31 December
1999;
(c) 2 must be appointed until 31 December
2000.
(6) In the case only of the first appointments of
10 members to the Council by the Governor in
Council under section 7(2)(g) to take effect
on 1 January 1998--
(a) 2 must be appointed until 31 December
1998;
15 (b) 2 must be appointed until 31 December
1999;
(c) 2 must be appointed until 31 December
2000.
(7) After the first appointments referred to in
20 this section, all appointments and elections
to the Council shall be made in accordance
with the provisions of this Act other than this
section.".
_______________
25
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University Acts (Further Amendment) Act 1997
s. 77
Act No.
PART 9--OTHER AMENDMENTS
77. Courses of study
No. 18/1993. In the Tertiary Education Act 1993--
Reprint No. 1
(a) in section 10(3), paragraph (b) is repealed;
as at 7
November
5 1996. (b) in section 11(4), paragraph (a) is repealed;
78. Statute law revision
No. 57/1996. In sections 28 and 29 of the University Acts
(Amendment) Act 1996, for "Deakin University
Act 1964" substitute "Deakin University Act
10 1974".
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University Acts (Further Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
55
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