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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
University Acts (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
PART 2--DEAKIN UNIVERSITY 3
3. Further objects 3
4. Payment of certain Council members 3
5. New sections 19 and 19A inserted 4
19. Council member's responsibilities 4
19A. Pecuniary interests of Council members 5
6. Administration fee for trust funds 5
7. New section 35 inserted 6
35. Audit of corporations 6
8. Visitor has ceremonial functions only 8
9. New section 40 inserted 9
40. Existing proceedings 9
PART 3--LA TROBE UNIVERSITY 10
10. Further objects 10
11. Payment of certain Council members 10
12. New sections 19 and 19A inserted 11
19. Council member's responsibilities 11
19A. Pecuniary interests of Council members 12
13. Administration fee for trust funds 12
14. New section 37C inserted 13
37C. Audit of corporations 13
15. Visitor has ceremonial functions only 15
16. New section 44 inserted 16
44. Existing proceedings 16
i
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
Clause Page
PART 4--MELBOURNE UNIVERSITY 17
17. New section 4A inserted 17
4A. Objects of the University 17
18. Payment of certain council members 18
19. New sections 13 and 13A inserted 19
13. Council member's responsibilities 19
13A. Pecuniary interests of council members 19
20. Administration fee for trust funds 20
21. New section 40C inserted 21
40C. Audit of companies 21
22. Visitor has ceremonial functions only 23
23. New section 49 inserted 23
49. Existing proceedings 23
PART 5--MONASH UNIVERSITY 24
24. Further objects 24
25. Payment of certain Council members 24
26. New sections 19 and 19A inserted 25
19. Council member's responsibilities 25
19A. Pecuniary interests of Council members 26
27. Administration fee for trust funds 26
28. New section 35C inserted 27
35C. Audit of corporations 27
29. Visitor has ceremonial functions only 29
30. New section 44 inserted 30
44. Existing proceedings 30
PART 6--ROYAL MELBOURNE INSTITUTE OF TECHNOLOGY 31
31. Further object 31
32. Payment of certain Council members 31
33. New section 16A inserted 32
16A. Council member's responsibilities 32
34. Administration fee for trust funds 32
35. New section 40 inserted 33
40. Audit of corporations 33
36. Visitor has ceremonial functions only 35
37. New section 65 inserted 36
65. Existing proceedings 36
PART 7--SWINBURNE UNIVERSITY OF TECHNOLOGY 37
38. Further object 37
39. Payment of certain Council members 37
40. New section 16A inserted 38
16A. Council member's responsibilities 38
41. Administration fee for trust funds 38
ii
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
Clause Page
42. New section 45 inserted 39
45. Audit of corporations 39
43. Visitor has ceremonial functions only 41
44. New section 69 inserted 42
69. Existing proceedings 42
PART 8--UNIVERSITY OF BALLARAT 43
45. Further objects 43
46. Payment of certain Council members 43
47. New section 16A inserted 44
16A. Council member's responsibilities 44
48. Administration fee for trust funds 45
49. New section 38 inserted 45
38. Audit of corporations 45
50. Visitor has ceremonial functions only 47
51. New section 72 inserted 48
72. Existing proceedings 48
PART 9--VICTORIA UNIVERSITY OF TECHNOLOGY 49
52. Further object 49
53. Payment of certain Council members 49
54. New section 16A inserted 50
16A. Council member's responsibilities 50
55. Administration fee for trust funds 51
56. New section 43 inserted 51
43. Audit of corporations 51
57. Visitor has ceremonial functions only 53
58. New section 70 inserted 54
70. Existing proceedings 54
PART 10--VICTORIAN COLLEGE OF THE ARTS 55
59. Further object 55
60. Payment of certain Council members 55
61. New section 17A inserted 56
17A. Council member's responsibilities 56
62. Administration fee for trust funds 57
PART 11--CONSEQUENTIAL AMENDMENT 58
63. Consequential amendment of Administrative Law Act 1978 58
58
ENDNOTES 59
iii
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 30 October 2002
A BILL
to amend the Acts establishing public universities in Victoria and the
Victorian College of the Arts and for other purposes.
University Acts (Amendment) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the Acts
establishing public universities in Victoria and the
5 Victorian College of the Arts.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
1
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
PART 1--PRELIMINARY
s. 2
(2) If a provision of this Act does not come into
operation before 1 December 2003, it comes into
operation on that day.
__________________
2
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
PART 2--DEAKIN UNIVERSITY
s. 3
PART 2--DEAKIN UNIVERSITY
3. Further objects
See: In section 5 of the Deakin University Act 1974--
Act No.
8610/1974.
(a) in paragraph (e) after "knowledge and"
Reprint No. 3
5 insert "the pursuit of the benefits of";
as at
11 October
(b) after paragraph (e) insert--
2001.
LawToday:
www.dms. "(ea) to promote critical enquiry within the
dpc.vic.
university and in the general
gov.au
community;".
10 4. Payment of certain Council members
(1) Insert the following heading to section 8 of the
Deakin University Act 1974--
"Terms and conditions of office of Council
members".
15 (2) At the end of section 8 of the Deakin University
Act 1974 insert--
"(2) An elected or appointed member of the
Council, other than a member who holds a
full-time office on the staff of the University,
20 a full-time office under the Crown in any of
its capacities or a full-time office in a
statutory authority, at the discretion of the
Council, may be paid the remuneration and
fees that are fixed from time to time by the
25 Governor in Council for that member.
(3) A member of the Federal Parliament or the
Legislative Council or the Legislative
Assembly is not entitled to be paid or to
receive any remuneration, fees, allowances
30 or expenses in respect of his or her
membership of the Council.
3
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
PART 2--DEAKIN UNIVERSITY
s. 5
(4) A member of the Council is not to be taken
to hold an office of profit under the Crown
that would--
(a) prevent the member sitting or voting as
5 a member of the Legislative Council or
the Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or the Legislative
Assembly; or
10 (c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly; or
(d) subject the member to liability to pay a
penalty under the Constitution Act
15 1975.".
5. New sections 19 and 19A inserted
For section 19 of the Deakin University Act 1974
substitute--
"19. Council member's responsibilities
20 (1) A member of the Council is responsible to
the Council for furthering the purposes of the
Council and the objects of the University
rather than any constituent person or body
who elected or appointed the member.
25 (2) A member of the Council must not make
improper use of any information acquired in
the course of his or her duties to obtain
directly or indirectly any pecuniary or other
advantage for himself or herself or any other
30 person.
4
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
PART 2--DEAKIN UNIVERSITY
s. 6
19A. Pecuniary interests of Council members
(1) A member of the Council who has a
pecuniary interest in a matter being
considered or about to be considered by the
5 Council must, as soon as practicable, after
the relevant facts have come to his or her
knowledge, declare the nature of the interest
at a meeting of the Council or in writing
addressed to the Chancellor.
10 (2) If the Chancellor receives a written
declaration under sub-section (1), the
Chancellor must report it or cause it to be
reported, at the next meeting of the Council.
(3) The person presiding at a meeting at which a
15 declaration is made under sub-section (1) or
reported under sub-section (2) must cause a
record of the declaration to be made in the
minutes of the meeting.
(4) After a declaration is made under sub-section
20 (1) by a member of the Council--
(a) unless the Council otherwise directs,
the member must not be present during
any deliberation with respect to that
matter; and
25 (b) the member is not entitled to vote on
the matter; and
(c) if the member does vote on the matter,
the vote must be disallowed.".
6. Administration fee for trust funds
30 After section 34(6) of the Deakin University Act
1974 insert--
"(7) The Council may, out of the annual income
of a trust fund in an investment common
fund, periodically deduct an amount not
35 exceeding 5% of the annual income of that
5
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
PART 2--DEAKIN UNIVERSITY
s. 7
trust fund as commission for the
administration of that trust fund.
(8) The commission deducted in accordance
with sub-section (7) is to be received and
5 accepted by the University as full payment to
it for the costs of administration of the trust
fund.
(9) The University must not make any other
charges on the trust fund in addition to the
10 commission received under sub-section (8),
except in accordance with the trust deed.".
7. New section 35 inserted
After section 34B of the Deakin University Act
1974 insert--
15 '35. Audit of corporations
(1) If the University--
(a) forms, participates in the formation of,
or is a member of, a corporation under
section 34A(13A) that is not
20 incorporated or taken to be
incorporated under the Corporations
Act; and
(b) has a substantial holding in the
corporation as defined in section 9 of
25 the Corporations Act with the
modification that the reference to 5% in
paragraph (a) of the definition of
"substantial holding" in that section is
to be read as 50%--
30 the accounts of the corporation shall be
audited annually by the Auditor-General.
6
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
PART 2--DEAKIN UNIVERSITY
s. 7
(2) The following provisions apply to the annual
audit under sub-section (1)--
(a) the Auditor-General and any person
assisting the Auditor-General has with
5 respect to the accounts of the
corporation all the powers conferred on
the Auditor-General by any law relating
to the auditing of public accounts;
(b) the corporation must within 3 months
10 after 31 December in every year cause
its accounts to be balanced to that date
and a statement of accounts to be
prepared and submitted to the Auditor-
General;
15 (c) the statement of accounts shall be
prepared in the manner and in the form
approved by the Treasurer and shall
present fairly the financial transactions
of the corporation during the year and
20 the financial position of the corporation
at the end of the year;
(d) the Auditor-General must forward to
the Treasurer a copy of the audited
annual accounts.
25 (3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General--
(a) has right of access at all times to the
books, securities, accounts and
30 vouchers of the corporation; and
(b) may require from an officer or
employee of the corporation or the
University any information, assistance
and explanations necessary for the
35 performance of the duties of the
7
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
PART 2--DEAKIN UNIVERSITY
s. 8
Auditor-General or person in relation to
the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the
5 Auditor-General to defray the costs and
expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a
member before the last preceding annual
10 audit.
(6) The Auditor-General is not required to audit
the accounts of a corporation incorporated or
formed in a place outside Australia under
this section if--
15 (a) under the law applying to that
corporation in that place, the Auditor-
General cannot be appointed as auditor
of the corporation; or
(b) in the Auditor-General's opinion, it is
20 impracticable or unreasonable for the
Auditor-General to audit, or be required
to audit, the accounts.'.
8. Visitor has ceremonial functions only
After section 38(1) of the Deakin University Act
25 1974 insert--
"(1A) The Visitor has ceremonial functions only
and has no powers, duties or functions with
respect to the resolution of disputes or any
other matter concerning the affairs of the
30 University (other than a matter involving the
exercise of ceremonial functions only).".
8
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
PART 2--DEAKIN UNIVERSITY
s. 9
9. New section 40 inserted
After section 39 of the Deakin University Act
1974 insert--
"40. Existing proceedings
5 (1) Section 38(1A) applies with respect to
disputes and other matters arising before the
commencement of section 8 of the
University Acts (Amendment) Act 2002.
(2) If an inquiry by or authorised by the Visitor
10 into a dispute or other matter has been
commenced or been completed before the
commencement of section 8 of the
University Acts (Amendment) Act 2002,
the dispute or other matter is to be dealt with
15 and determined as if that Act had not been
enacted.".
__________________
9
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 3--La Trobe University
s. 10
PART 3--LA TROBE UNIVERSITY
10. Further objects
See:
In section 5(a) of the La Trobe University Act Act No.
1964 after sub-paragraph (ii) insert-- 7189/1964.
Reprint No. 4
5 "and as at
10 September
(iii) to promote critical enquiry within the 1998
and
university and in the general community; and amending
Act Nos
(iv) to aid by research and other means the 53/1999,
11/2001 and
advancement of knowledge and the pursuit
44/2001.
10 of the benefits of its practical application; LawToday:
www.dms.
and".
dpc.vic.
gov.au
11. Payment of certain Council members
(1) Insert the following heading to section 8 of the
La Trobe University Act 1964--
15 "Terms and conditions of office of Council
members".
(2) At the end of section 8 of the La Trobe
University Act 1964 insert--
"(2) An elected or appointed member of the
20 Council, other than a member who holds a
full-time office on the staff of the University,
a full-time office under the Crown in any of
its capacities or a full-time office in a
statutory authority, at the discretion of the
25 Council, may be paid the remuneration and
fees that are fixed from time to time by the
Governor in Council for that member.
(3) A member of the Federal Parliament or the
Legislative Council or the Legislative
30 Assembly is not entitled to be paid or to
receive any remuneration, fees, allowances
10
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 3--La Trobe University
s. 12
or expenses in respect of his or her
membership of the Council.
(4) A member of the Council is not to be taken
to hold an office of profit under the Crown
5 that would--
(a) prevent the member sitting or voting as
a member of the Legislative Council or
the Legislative Assembly; or
(b) make void the member's election to the
10 Legislative Council or the Legislative
Assembly; or
(c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly; or
15 (d) subject the member to liability to pay a
penalty under the Constitution Act
1975.".
12. New sections 19 and 19A inserted
For section 19 of the La Trobe University Act
20 1964 substitute--
"19. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the
Council and the objects of the University
25 rather than any constituent person or body
who elected or appointed the member.
(2) A member of the Council must not make
improper use of any information acquired in
the course of his or her duties to obtain
30 directly or indirectly any pecuniary or other
advantage for himself or herself or any other
person.
11
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 3--La Trobe University
s. 13
19A. Pecuniary interests of Council members
(1) A member of the Council who has a
pecuniary interest in a matter being
considered or about to be considered by the
5 Council must, as soon as practicable, after
the relevant facts have come to his or her
knowledge, declare the nature of the interest
at a meeting of the Council or in writing
addressed to the Chancellor.
10 (2) If the Chancellor receives a written
declaration under sub-section (1), the
Chancellor must report it or cause it to be
reported, at the next meeting of the Council.
(3) The person presiding at a meeting at which a
15 declaration is made under sub-section (1) or
reported under sub-section (2) must cause a
record of the declaration to be made in the
minutes of the meeting.
(4) After a declaration is made under sub-section
20 (1) by a member of the Council--
(a) unless the Council otherwise directs,
the member must not be present during
any deliberation with respect to that
matter; and
25 (b) the member is not entitled to vote on
the matter; and
(c) if the member does vote on the matter,
the vote must be disallowed.".
13. Administration fee for trust funds
30 After section 37(5) of the La Trobe University
Act 1964 insert--
"(6) The Council may, out of the annual income
of a trust fund in an investment common
fund, periodically deduct an amount not
35 exceeding 5% of the annual income of that
12
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 3--La Trobe University
s. 14
trust fund as commission for the
administration of that trust fund.
(7) The commission deducted in accordance
with sub-section (6) is to be received and
5 accepted by the University as full payment to
it for the costs of administration of the trust
fund.
(8) The University must not make any other
charges on the trust fund in addition to the
10 commission received under sub-section (7),
except in accordance with the trust deed.".
14. New section 37C inserted
After section 37B of the La Trobe University
Act 1964 insert--
15 '37C. Audit of corporations
(1) If the University--
(a) forms, participates in the formation of,
or is a member of, a corporation under
section 37A(11A) that is not
20 incorporated or taken to be
incorporated under the Corporations
Act; and
(b) has a substantial holding in the
corporation as defined in section 9 of
25 the Corporations Act with the
modification that the reference to 5% in
paragraph (a) of the definition of
"substantial holding" in that section is
to be read as 50%--
30 the accounts of the corporation shall be
audited annually by the Auditor-General.
13
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 3--La Trobe University
s. 14
(2) The following provisions apply to the annual
audit under sub-section (1)--
(a) the Auditor-General and any person
assisting the Auditor-General has with
5 respect to the accounts of the
corporation all the powers conferred on
the Auditor-General by any law relating
to the auditing of public accounts;
(b) the corporation must within 3 months
10 after 31 December in every year cause
its accounts to be balanced to that date
and a statement of accounts to be
prepared and submitted to the Auditor-
General;
15 (c) the statement of accounts shall be
prepared in the manner and in the form
approved by the Treasurer and shall
present fairly the financial transactions
of the corporation during the year and
20 the financial position of the corporation
at the end of the year;
(d) the Auditor-General must forward to
the Treasurer a copy of the audited
annual accounts.
25 (3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General--
(a) has right of access at all times to the
books, securities, accounts and
30 vouchers of the corporation; and
(b) may require from an officer or
employee of the corporation or the
University any information, assistance
and explanations necessary for the
35 performance of the duties of the
14
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 3--La Trobe University
s. 15
Auditor-General or person in relation to
the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the
5 Auditor-General to defray the costs and
expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a
member before the last preceding annual
10 audit.
(6) The Auditor-General is not required to audit
the accounts of a corporation incorporated or
formed in a place outside Australia under
this section if--
15 (a) under the law applying to that
corporation in that place, the Auditor-
General cannot be appointed as auditor
of the corporation; or
(b) in the Auditor-General's opinion, it is
20 impracticable or unreasonable for the
Auditor-General to audit, or be required
to audit, the accounts.'.
15. Visitor has ceremonial functions only
After section 42(1) of the La Trobe University
25 Act 1964 insert--
"(1A) The Visitor has ceremonial functions only
and has no powers, duties or functions with
respect to the resolution of disputes or any
other matter concerning the affairs of the
30 University (other than a matter involving the
exercise of ceremonial functions only).".
15
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 3--La Trobe University
s. 16
16. New section 44 inserted
After section 43 of the La Trobe University Act
1964 insert--
"44. Existing proceedings
5 (1) Section 42(1A) applies with respect to
disputes and other matters arising before the
commencement of section 15 of the
University Acts (Amendment) Act 2002.
(2) If an inquiry by or authorised by the Visitor
10 into a dispute or other matter has been
commenced or been completed before the
commencement of section 15 of the
University Acts (Amendment) Act 2002,
the dispute or other matter is to be dealt with
15 and determined as if that Act had not been
enacted.".
__________________
16
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 4--Melbourne University
s. 17
PART 4--MELBOURNE UNIVERSITY
17. New section 4A inserted
See: After section 4 of the Melbourne University Act
Act No.
1958 insert--
6405/1958.
Reprint No. 5
5 "4A. Objects of the University
as at
10 September
The objects of the University include--
1998
and
amending (a) to provide and maintain a teaching and
Act Nos
learning environment of excellent
53/1999,
11/2001 and quality offering higher education at an
44/2001.
10 international standard;
LawToday:
www.dms.
(b) to undertake scholarship, research and
dpc.vic.
gov.au
research training of international
standing and to apply that scholarship
and research to the advancement of
15 knowledge and to the benefit of the
well-being of the Victorian, Australian
and international communities;
(c) to equip graduates of the University to
excel in their chosen careers and to
20 contribute to the life of the community;
(d) to serve the Victorian, Australian and
international communities and the
public interest by--
(i) enriching cultural and community
25 life;
(ii) elevating public awareness of
educational, scientific and artistic
developments;
(iii) promoting critical enquiry,
30 informed intellectual discourse
and public debate within the
University and in the wider
society;
17
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 4--Melbourne University
s. 18
(e) to confer degrees and grant diplomas,
certificates and other awards.".
18. Payment of certain council members
(1) Insert the following heading to section 6 of the
5 Melbourne University Act 1958--
"Terms and conditions of office of council
members".
(2) After section 6(5) of the Melbourne University
Act 1958 insert--
10 "(6) An elected or appointed member of the
council, other than a member who holds a
full-time office on the staff of the University,
a full-time office under the Crown in any of
its capacities or a full-time office in a
15 statutory authority, at the discretion of the
council, may be paid the remuneration and
fees that are fixed from time to time by the
Governor in Council for that member.
(7) A member of the Federal Parliament or the
20 Legislative Council or the Legislative
Assembly is not entitled to be paid or to
receive any remuneration, fees, allowances
or expenses in respect of his or her
membership of the council.
25 (8) A member of the council is not to be taken to
hold an office of profit under the Crown that
would--
(a) prevent the member sitting or voting as
a member of the Legislative Council or
30 the Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or the Legislative
Assembly; or
18
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 4--Melbourne University
s. 19
(c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly; or
(d) subject the member to liability to pay a
5 penalty under the Constitution Act
1975.".
19. New sections 13 and 13A inserted
For section 13 of the Melbourne University Act
1958 substitute--
10 "13. Council member's responsibilities
(1) A member of the council is responsible to
the council for furthering the purposes of the
council and the objects of the University
rather than any constituent person or body
15 who elected or appointed the member.
(2) A member of the council must not make
improper use of any information acquired in
the course of his or her duties to obtain
directly or indirectly any pecuniary or other
20 advantage for himself or herself or any other
person.
13A. Pecuniary interests of council members
(1) A member of the council who has a
pecuniary interest in a matter being
25 considered or about to be considered by the
council must, as soon as practicable, after the
relevant facts have come to his or her
knowledge, declare the nature of the interest
at a meeting of the council or in writing
30 addressed to the Chancellor.
(2) If the Chancellor receives a written
declaration under sub-section (1), the
Chancellor must report it or cause it to be
reported, at the next meeting of the council.
19
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 4--Melbourne University
s. 20
(3) The person presiding at a meeting at which a
declaration is made under sub-section (1) or
reported under sub-section (2) must cause a
record of the declaration to be made in the
5 minutes of the meeting.
(4) After a declaration is made under sub-section
(1) by a member of the council--
(a) unless the council otherwise directs, the
member must not be present during any
10 deliberation with respect to that matter;
and
(b) the member is not entitled to vote on
the matter; and
(c) if the member does vote on the matter,
15 the vote must be disallowed.".
20. Administration fee for trust funds
At the end of section 39 of the Melbourne
University Act 1958 insert--
"(2) The council may, out of the annual income
20 of a trust fund in an investment pool,
periodically deduct an amount not exceeding
5% of the annual income of that trust fund as
commission for the administration of that
trust fund.
25 (3) The commission deducted in accordance
with sub-section (2) is to be received and
accepted by the University as full payment to
it for the costs of administration of the trust
fund.
30 (4) The University must not make any other
charges on the trust fund in addition to the
commission received under sub-section (3),
except in accordance with the trust deed.".
20
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 4--Melbourne University
s. 21
21. New section 40C inserted
After section 40B of the Melbourne University
Act 1958 insert--
'40C. Audit of companies
5 (1) If the University--
(a) forms, participates in the formation of,
or is a member of, a company under
section 40B that is not incorporated or
taken to be incorporated under the
10 Corporations Act; and
(b) has a substantial holding in the
company as defined in section 9 of the
Corporations Act with the modification
that the reference to 5% in paragraph
15 (a) of the definition of "substantial
holding" in that section is to be read as
50%--
the accounts of the company shall be audited
annually by the Auditor-General.
20 (2) The following provisions apply to the annual
audit under sub-section (1)--
(a) the Auditor-General and any person
assisting the Auditor-General has with
respect to the accounts of the company
25 all the powers conferred on the
Auditor-General by any law relating to
the auditing of public accounts;
(b) the company must within 3 months
after 31 December in every year cause
30 its accounts to be balanced to that date
and a statement of accounts to be
prepared and submitted to the Auditor-
General;
21
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 4--Melbourne University
s. 21
(c) the statement of accounts shall be
prepared in the manner and in the form
approved by the Treasurer and shall
present fairly the financial transactions
5 of the company during the year and the
financial position of the company at the
end of the year;
(d) the Auditor-General must forward to
the Treasurer a copy of the audited
10 annual accounts.
(3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General--
(a) has right of access at all times to the
15 books, securities, accounts and
vouchers of the company; and
(b) may require from an officer or
employee of the company or the
University any information, assistance
20 and explanations necessary for the
performance of the duties of the
Auditor-General or person in relation to
the audit.
(4) The University must pay to the Consolidated
25 Fund an amount to be determined by the
Auditor-General to defray the costs and
expenses of an audit under this section.
(5) This section does not apply to a company of
which the University has ceased to be a
30 member before the last preceding annual
audit.
(6) The Auditor-General is not required to audit
the accounts of a company incorporated or
formed in a place outside Australia under
35 this section if--
22
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 4--Melbourne University
s. 22
(a) under the law applying to that company
in that place, the Auditor-General
cannot be appointed as auditor of the
company; or
5 (b) in the Auditor-General's opinion, it is
impracticable or unreasonable for the
Auditor-General to audit, or be required
to audit, the accounts.'.
22. Visitor has ceremonial functions only
10 After section 47(1) of the Melbourne University
Act 1958 insert--
"(1A) The Visitor has ceremonial functions only
and has no powers, duties or functions with
respect to the resolution of disputes or any
15 other matter concerning the affairs of the
University (other than a matter involving the
exercise of ceremonial functions only).".
23. New section 49 inserted
After section 48 of the Melbourne University
20 Act 1958 insert--
"49. Existing proceedings
(1) Section 47(1A) applies with respect to
disputes and other matters arising before the
commencement of section 22 of the
25 University Acts (Amendment) Act 2002.
(2) If an inquiry by or authorised by the Visitor
into a dispute or other matter has been
commenced or been completed before the
commencement of section 22 of the
30 University Acts (Amendment) Act 2002,
the dispute or other matter is to be dealt with
and determined as if that Act had not been
enacted.".
__________________
23
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 5--monash University
s. 24
PART 5--MONASH UNIVERSITY
24. Further objects
See:
In section 5 of the Monash University Act Act No.
1958-- 6184/1958.
Reprint No. 4
5 (a) in paragraph (b) after "knowledge and" as at
10 September
insert "the pursuit of the benefits of"; 1998
and
(b) after paragraph (b) insert-- amending
Act Nos
"(ba) to promote critical enquiry within the 53/1999,
11/2001 and
university and in the general
44/2001.
10 community;". LawToday:
www.dms.
dpc.vic.
gov.au
25. Payment of certain Council members
(1) Insert the following heading to section 8 of the
Monash University Act 1958--
"Terms and conditions of office of Council
15 members".
(2) At the end of section 8 of the Monash University
Act 1958 insert--
"(2) An elected or appointed member of the
Council, other than a member who holds a
20 full-time office on the staff of the University,
a full-time office under the Crown in any of
its capacities or a full-time office in a
statutory authority, at the discretion of the
Council, may be paid the remuneration and
25 fees that are fixed from time to time by the
Governor in Council for that member.
(3) A member of the Federal Parliament or the
Legislative Council or the Legislative
Assembly is not entitled to be paid or to
30 receive any remuneration, fees, allowances
24
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 5--monash University
s. 26
or expenses in respect of his or her
membership of the Council.
(4) A member of the Council is not to be taken
to hold an office of profit under the Crown
5 that would--
(a) prevent the member sitting or voting as
a member of the Legislative Council or
the Legislative Assembly; or
(b) make void the member's election to the
10 Legislative Council or the Legislative
Assembly; or
(c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly; or
15 (d) subject the member to liability to pay a
penalty under the Constitution Act
1975.".
26. New sections 19 and 19A inserted
For section 19 of the Monash University Act
20 1958 substitute--
"19. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the
Council and the objects of the University
25 rather than any constituent person or body
who elected or appointed the member.
(2) A member of the Council must not make
improper use of any information acquired in
the course of his or her duties to obtain
30 directly or indirectly any pecuniary or other
advantage for himself or herself or any other
person.
25
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 5--monash University
s. 27
19A. Pecuniary interests of Council members
(1) A member of the Council who has a
pecuniary interest in a matter being
considered or about to be considered by the
5 Council must, as soon as practicable, after
the relevant facts have come to his or her
knowledge, declare the nature of the interest
at a meeting of the Council or in writing
addressed to the Chancellor.
10 (2) If the Chancellor receives a written
declaration under sub-section (1), the
Chancellor must report it or cause it to be
reported, at the next meeting of the Council.
(3) The person presiding at a meeting at which a
15 declaration is made under sub-section (1) or
reported under sub-section (2) must cause a
record of the declaration to be made in the
minutes of the meeting.
(4) After a declaration is made under sub-section
20 (1) by a member of the Council--
(a) unless the Council otherwise directs,
the member must not be present during
any deliberation with respect to that
matter; and
25 (b) the member is not entitled to vote on
the matter; and
(c) if the member does vote on the matter,
the vote must be disallowed.".
27. Administration fee for trust funds
30 After section 35A(5) of the Monash University
Act 1958 insert--
"(6) The Council may, out of the income of a
trust fund in an investment common fund,
periodically deduct an amount not exceeding
35 5% of the annual income of that trust fund as
26
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 5--monash University
s. 28
commission for the administration of that
trust fund.
(7) The commission deducted in accordance
with sub-section (6) is to be received and
5 accepted by the University as full payment to
it for the costs of administration of the trust
fund.
(8) The University must not make any other
charges on the trust fund in addition to the
10 commission received under sub-section (7),
except in accordance with the trust deed.".
28. New section 35C inserted
After section 35B of the Monash University Act
1958 insert--
15 '35C. Audit of corporations
(1) If the University--
(a) forms, participates in the formation of,
or is a member of, a corporation under
section 35B(13A) that is not
20 incorporated or taken to be
incorporated under the Corporations
Act; and
(b) has a substantial holding in the
corporation as defined in section 9 of
25 the Corporations Act with the
modification that the reference to 5% in
paragraph (a) of the definition of
"substantial holding" in that section is
to be read as 50%--
30 the accounts of the corporation shall be
audited annually by the Auditor-General.
27
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 5--monash University
s. 28
(2) The following provisions apply to the annual
audit under sub-section (1)--
(a) the Auditor-General and any person
assisting the Auditor-General has with
5 respect to the accounts of the
corporation all the powers conferred on
the Auditor-General by any law relating
to the auditing of public accounts;
(b) the corporation must within 3 months
10 after 31 December in every year cause
its accounts to be balanced to that date
and a statement of accounts to be
prepared and submitted to the Auditor-
General;
15 (c) the statement of accounts shall be
prepared in the manner and in the form
approved by the Treasurer and shall
present fairly the financial transactions
of the corporation during the year and
20 the financial position of the corporation
at the end of the year;
(d) the Auditor-General must forward to
the Treasurer a copy of the audited
annual accounts.
25 (3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General--
(a) has right of access at all times to the
books, securities, accounts and
30 vouchers of the corporation; and
(b) may require from an officer or
employee of the corporation or the
University any information, assistance
and explanations necessary for the
35 performance of the duties of the
28
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 5--monash University
s. 29
Auditor-General or person in relation to
the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the
5 Auditor-General to defray the costs and
expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a
member before the last preceding annual
10 audit.
(6) The Auditor-General is not required to audit
the accounts of a corporation incorporated or
formed in a place outside Australia under
this section if--
15 (a) under the law applying to that
corporation in that place, the Auditor-
General cannot be appointed as auditor
of the corporation; or
(b) in the Auditor-General's opinion, it is
20 impracticable or unreasonable for the
Auditor-General to audit, or be required
to audit, the accounts.'.
29. Visitor has ceremonial functions only
After section 42(1) of the Monash University Act
25 1958 insert--
"(1A) The Visitor has ceremonial functions only
and has no powers, duties or functions with
respect to the resolution of disputes or any
other matter concerning the affairs of the
30 University (other than a matter involving the
exercise of ceremonial functions only).".
29
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 5--monash University
s. 30
30. New section 44 inserted
After section 43 of the Monash University Act
1958 insert--
"44. Existing proceedings
5 (1) Section 42(1A) applies with respect to
disputes and other matters arising before the
commencement of section 29 of the
University Acts (Amendment) Act 2002.
(2) If an inquiry by or authorised by the Visitor
10 into a dispute or other matter has been
commenced or been completed before the
commencement of section 29 of the
University Acts (Amendment) Act 2002,
the dispute or other matter is to be dealt with
15 and determined as if that Act had not been
enacted.".
__________________
30
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 6--Royal Melbourne Institute of technology
s. 31
PART 6--ROYAL MELBOURNE INSTITUTE OF
TECHNOLOGY
31. Further object
See: In section 6 of the Royal Melbourne Institute of
Act No.
5 Technology Act 1992 after paragraph (d)
45/1992.
Reprint No. 3 insert--
as at
22 November
"(da) to promote critical enquiry within the
2001.
university and in the general community;".
LawToday:
www.dms.
dpc.vic.
gov.au
32. Payment of certain Council members
10 (1) Insert the following heading to section 8 of the
Royal Melbourne Institute of Technology Act
1992--
"Terms and conditions of office of Council
members".
15 (2) At the end of section 8 of the Royal Melbourne
Institute of Technology Act 1992 insert--
"(2) An elected or appointed member of the
Council, other than a member who holds a
full-time office on the staff of the University,
20 a full-time office under the Crown in any of
its capacities or a full-time office in a
statutory authority, at the discretion of the
Council, may be paid the remuneration and
fees that are fixed from time to time by the
25 Governor in Council for that member.
(3) A member of the Federal Parliament or the
Legislative Council or the Legislative
Assembly is not entitled to be paid or to
receive any remuneration, fees, allowances
30 or expenses in respect of his or her
membership of the Council.
31
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 6--Royal Melbourne Institute of technology
s. 33
(4) A member of the Council is not to be taken
to hold an office of profit under the Crown
that would--
(a) prevent the member sitting or voting as
5 a member of the Legislative Council or
the Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or the Legislative
Assembly; or
10 (c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly; or
(d) subject the member to liability to pay a
penalty under the Constitution Act
15 1975.".
33. New section 16A inserted
After section 16 of the Royal Melbourne
Institute of Technology Act 1992 insert--
"16A. Council member's responsibilities
20 (1) A member of the Council is responsible to
the Council for furthering the purposes of the
Council and the objects of the University
rather than any constituent person or body
who elected or appointed the member.
25 (2) A member of the Council must not make
improper use of any information acquired in
the course of his or her duties to obtain
directly or indirectly any pecuniary or other
advantage for himself or herself or any other
30 person.".
34. Administration fee for trust funds
After section 38(7) of the Royal Melbourne
Institute of Technology Act 1992 insert--
32
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 6--Royal Melbourne Institute of technology
s. 35
"(8) The Council may, out of the annual income
of a trust fund in an investment common
fund, periodically deduct an amount not
exceeding 5% of the annual income of that
5 trust fund as commission for the
administration of that trust fund.
(9) The commission deducted in accordance
with sub-section (8) is to be received and
accepted by the University as full payment to
10 it for the costs of administration of the trust
fund.
(10) The University must not make any other
charges on the trust fund in addition to the
commission received under sub-section (9),
15 except in accordance with the trust deed.".
35. New section 40 inserted
After section 39 of the Royal Melbourne
Institute of Technology Act 1992 insert--
'40. Audit of corporations
20 (1) If the University--
(a) forms, participates in the formation of,
or is a member of, a corporation under
section 39(14) that is not incorporated
or taken to be incorporated under the
25 Corporations Act; and
(b) has a substantial holding in the
corporation as defined in section 9 of
the Corporations Act with the
modification that the reference to 5% in
30 paragraph (a) of the definition of
"substantial holding" in that section is
to be read as 50%--
the accounts of the corporation shall be
audited annually by the Auditor-General.
33
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 6--Royal Melbourne Institute of technology
s. 35
(2) The following provisions apply to the annual
audit under sub-section (1)--
(a) the Auditor-General and any person
assisting the Auditor-General has with
5 respect to the accounts of the
corporation all the powers conferred on
the Auditor-General by any law relating
to the auditing of public accounts;
(b) the corporation must within 3 months
10 after 31 December in every year cause
its accounts to be balanced to that date
and a statement of accounts to be
prepared and submitted to the Auditor-
General;
15 (c) the statement of accounts shall be
prepared in the manner and in the form
approved by the Treasurer and shall
present fairly the financial transactions
of the corporation during the year and
20 the financial position of the corporation
at the end of the year;
(d) the Auditor-General must forward to
the Treasurer a copy of the audited
annual accounts.
25 (3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General--
(a) has right of access at all times to the
books, securities, accounts and
30 vouchers of the corporation; and
(b) may require from an officer or
employee of the corporation or the
Council or the University any
information, assistance and
35 explanations necessary for the
performance of the duties of the
34
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 6--Royal Melbourne Institute of technology
s. 36
Auditor-General or person in relation to
the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the
5 Auditor-General to defray the costs and
expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a
member before the last preceding annual
10 audit.
(6) The Auditor-General is not required to audit
the accounts of a corporation incorporated or
formed in a place outside Australia under
this section if--
15 (a) under the law applying to that
corporation in that place, the Auditor-
General cannot be appointed as auditor
of the corporation; or
(b) in the Auditor-General's opinion, it is
20 impracticable or unreasonable for the
Auditor-General to audit, or be required
to audit, the accounts.'.
36. Visitor has ceremonial functions only
After section 43(1) of the Royal Melbourne
25 Institute of Technology Act 1992 insert--
"(1A) The Visitor has ceremonial functions only
and has no powers, duties or functions with
respect to the resolution of disputes or any
other matter concerning the affairs of the
30 University (other than a matter involving the
exercise of ceremonial functions only).".
35
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 6--Royal Melbourne Institute of technology
s. 37
37. New section 65 inserted
After section 64 of the Royal Melbourne
Institute of Technology Act 1992 insert--
"65. Existing proceedings
5 (1) Section 43(1A) applies with respect to
disputes and other matters arising before the
commencement of section 36 of the
University Acts (Amendment) Act 2002.
(2) If an inquiry by or authorised by the Visitor
10 into a dispute or other matter has been
commenced or been completed before the
commencement of section 36 of the
University Acts (Amendment) Act 2002,
the dispute or other matter is to be dealt with
15 and determined as if that Act had not been
enacted.".
__________________
36
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 7--Swinburne University of technology
s. 38
PART 7--SWINBURNE UNIVERSITY OF TECHNOLOGY
38. Further object
See: In section 6 of the Swinburne University of
Act No.
Technology Act 1992, after paragraph (d)
44/1992.
5 Reprint No. 3 insert--
as at
22 November
"(da) to promote critical enquiry within the
2001.
university and in the general community;".
LawToday:
www.dms.
dpc.vic.
gov.au
39. Payment of certain Council members
(1) Insert the following heading to section 8 of the
10 Swinburne University of Technology Act
1992--
"Terms and conditions of office of Council
members".
(2) At the end of section 8 of the Swinburne
15 University of Technology Act 1992 insert--
"(2) An elected or appointed member of the
Council, other than a member who holds a
full-time office on the staff of the University,
a full-time office under the Crown in any of
20 its capacities or a full-time office in a
statutory authority, at the discretion of the
Council, may be paid the remuneration and
fees that are fixed from time to time by the
Governor in Council for that member.
25 (3) A member of the Federal Parliament or the
Legislative Council or the Legislative
Assembly is not entitled to be paid or to
receive any remuneration, fees, allowances
or expenses in respect of his or her
30 membership of the Council.
37
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 7--Swinburne University of technology
s. 40
(4) A member of the Council is not to be taken
to hold an office of profit under the Crown
that would--
(a) prevent the member sitting or voting as
5 a member of the Legislative Council or
the Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or the Legislative
Assembly; or
10 (c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly; or
(d) subject the member to liability to pay a
penalty under the Constitution Act
15 1975.".
40. New section 16A inserted
After section 16 of the Swinburne University of
Technology Act 1992 insert--
"16A. Council member's responsibilities
20 (1) A member of the Council is responsible to
the Council for furthering the purposes of the
Council and the objects of the University
rather than any constituent person or body
who elected or appointed the member.
25 (2) A member of the Council must not make
improper use of any information acquired in
the course of his or her duties to obtain
directly or indirectly any pecuniary or other
advantage for himself or herself or any other
30 person.".
41. Administration fee for trust funds
After section 43(7) of the Swinburne University
of Technology Act 1992 insert--
38
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 7--Swinburne University of technology
s. 42
"(8) The Council may, out of the annual income
of a trust fund in an investment common
fund, periodically deduct an amount not
exceeding 5% of the annual income of that
5 trust fund as commission for the
administration of that trust fund.
(9) The commission deducted in accordance
with sub-section (8) is to be received and
accepted by the University as full payment to
10 it for the costs of administration of the trust
fund.
(10) The University must not make any other
charges on the trust fund in addition to the
commission received under sub-section (9),
15 except in accordance with the trust deed.".
42. New section 45 inserted
After section 44 of the Swinburne University of
Technology Act 1992 insert--
'45. Audit of corporations
20 (1) If the University--
(a) forms, participates in the formation of,
or is a member of, a corporation under
section 44(14) that is not incorporated
or taken to be incorporated under the
25 Corporations Act; and
(b) has a substantial holding in the
corporation as defined in section 9 of
the Corporations Act with the
modification that the reference to 5% in
30 paragraph (a) of the definition of
"substantial holding" in that section is
to be read as 50%--
the accounts of the corporation shall be
audited annually by the Auditor-General.
39
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 7--Swinburne University of technology
s. 42
(2) The following provisions apply to the annual
audit under sub-section (1)--
(a) the Auditor-General and any person
assisting the Auditor-General has with
5 respect to the accounts of the
corporation all the powers conferred on
the Auditor-General by any law relating
to the auditing of public accounts;
(b) the corporation must within 3 months
10 after 31 December in every year cause
its accounts to be balanced to that date
and a statement of accounts to be
prepared and submitted to the Auditor-
General;
15 (c) the statement of accounts shall be
prepared in the manner and in the form
approved by the Treasurer and shall
present fairly the financial transactions
of the corporation during the year and
20 the financial position of the corporation
at the end of the year;
(d) the Auditor-General must forward to
the Treasurer a copy of the audited
annual accounts.
25 (3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General--
(a) has right of access at all times to the
books, securities, accounts and
30 vouchers of the corporation; and
(b) may require from an officer or
employee of the corporation or the
University any information, assistance
and explanations necessary for the
35 performance of the duties of the
40
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 7--Swinburne University of technology
s. 43
Auditor-General or person in relation to
the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the
5 Auditor-General to defray the costs and
expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a
member before the last preceding annual
10 audit.
(6) The Auditor-General is not required to audit
the accounts of a corporation incorporated or
formed in a place outside Australia under
this section if--
15 (a) under the law applying to that
corporation in that place, the Auditor-
General cannot be appointed as auditor
of the corporation; or
(b) in the Auditor-General's opinion, it is
20 impracticable or unreasonable for the
Auditor-General to audit, or be required
to audit, the accounts.'.
43. Visitor has ceremonial functions only
After section 48(1) of the Swinburne University
25 of Technology Act 1992 insert--
"(1A) The Visitor has ceremonial functions only
and has no powers, duties or functions with
respect to the resolution of disputes or any
other matter concerning the affairs of the
30 University (other than a matter involving the
exercise of ceremonial functions only).".
41
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 7--Swinburne University of technology
s. 44
44. New section 69 inserted
After section 68 of the Swinburne University of
Technology Act 1992 insert--
"69. Existing proceedings
5 (1) Section 48(1A) applies with respect to
disputes and other matters arising before the
commencement of section 43 of the
University Acts (Amendment) Act 2002.
(2) If an inquiry by or authorised by the Visitor
10 into a dispute or other matter has been
commenced or been completed before the
commencement of section 43 of the
University Acts (Amendment) Act 2002,
the dispute or other matter is to be dealt with
15 and determined as if that Act had not been
enacted.".
__________________
42
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 8--University of Ballarat
s. 45
PART 8--UNIVERSITY OF BALLARAT
45. Further objects
See: In section 6 of the University of Ballarat Act
Act No.
1993, for paragraph (c) substitute--
107/1993.
Reprint No. 1
5 "(c) to promote critical enquiry within the
as at
3 September
university and in the general community;
1998
and
(ca) the promotion, advancement and
amending
transmission of knowledge and the
Act Nos
53/1999,
promotion, advancement and the pursuit of
11/2001 and
10 the benefits of the practical application of
44/2001.
LawToday:
research;".
www.dms.
dpc.vic.
gov.au
46. Payment of certain Council members
(1) Insert the following heading to section 8 of the
University of Ballarat Act 1993--
15 "Terms and conditions of office of Council
members".
(2) After section 8(3) of the University of Ballarat
Act 1993 insert--
"(4) An elected or appointed member of the
20 Council, other than a member who holds a
full-time office on the staff of the University,
a full-time office under the Crown in any of
its capacities or a full-time office in a
statutory authority, at the discretion of the
25 Council, may be paid the remuneration and
fees that are fixed from time to time by the
Governor in Council for that member.
43
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 8--University of Ballarat
s. 47
(5) A member of the Federal Parliament or the
Legislative Council or the Legislative
Assembly is not entitled to be paid or to
receive any remuneration, fees, allowances
5 or expenses in respect of his or her
membership of the Council.
(6) A member of the Council is not to be taken
to hold an office of profit under the Crown
that would--
10 (a) prevent the member sitting or voting as
a member of the Legislative Council or
the Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or the Legislative
15 Assembly; or
(c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly; or
(d) subject the member to liability to pay a
20 penalty under the Constitution Act
1975.".
47. New section 16A inserted
After section 16 of the University of Ballarat Act
1993 insert--
25 "16A. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the
Council and the objects of the University
rather than any constituent person or body
30 who elected or appointed the member.
(2) A member of the Council must not make
improper use of any information acquired in
the course of his or her duties to obtain
directly or indirectly any pecuniary or other
44
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 8--University of Ballarat
s. 48
advantage for himself or herself or any other
person.".
48. Administration fee for trust funds
After section 36(7) of the University of Ballarat
5 Act 1993 insert--
"(8) The Council may, out of the annual income
of a trust fund in an investment common
fund, periodically deduct an amount not
exceeding 5% of the annual income of that
10 trust fund as commission for the
administration of that trust fund.
(9) The commission deducted in accordance
with sub-section (8) is to be received and
accepted by the University as full payment to
15 it for the costs of administration of the trust
fund.
(10) The University must not make any other
charges on the trust fund in addition to the
commission received under sub-section (9),
20 except in accordance with the trust deed.".
49. New section 38 inserted
After section 37 of the University of Ballarat Act
1993 insert--
'38. Audit of corporations
25 (1) If the University--
(a) forms, participates in the formation of,
or is a member of, a corporation under
section 37(14) that is not incorporated
or taken to be incorporated under the
30 Corporations Act; and
(b) has a substantial holding in the
corporation as defined in section 9 of
the Corporations Act with the
modification that the reference to 5% in
45
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 8--University of Ballarat
s. 49
paragraph (a) of the definition of
"substantial holding" in that section is
to be read as 50%--
the accounts of the corporation shall be
5 audited annually by the Auditor-General.
(2) The following provisions apply to the annual
audit under sub-section (1)--
(a) the Auditor-General and any person
assisting the Auditor-General has with
10 respect to the accounts of the
corporation all the powers conferred on
the Auditor-General by any law relating
to the auditing of public accounts;
(b) the corporation must within 3 months
15 after 31 December in every year cause
its accounts to be balanced to that date
and a statement of accounts to be
prepared and submitted to the Auditor-
General;
20 (c) the statement of accounts shall be
prepared in the manner and in the form
approved by the Treasurer and shall
present fairly the financial transactions
of the corporation during the year and
25 the financial position of the corporation
at the end of the year;
(d) the Auditor-General must forward to
the Treasurer a copy of the audited
annual accounts.
30 (3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General--
(a) has right of access at all times to the
books, securities, accounts and
35 vouchers of the corporation; and
46
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 8--University of Ballarat
s. 50
(b) may require from an officer or
employee of the corporation or the
University any information, assistance
and explanations necessary for the
5 performance of the duties of the
Auditor-General or person in relation to
the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the
10 Auditor-General to defray the costs and
expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a
member before the last preceding annual
15 audit.
(6) The Auditor-General is not required to audit
the accounts of a corporation incorporated or
formed in a place outside Australia under
this section if--
20 (a) under the law applying to that
corporation in that place, the Auditor-
General cannot be appointed as auditor
of the corporation; or
(b) in the Auditor-General's opinion, it is
25 impracticable or unreasonable for the
Auditor-General to audit, or be required
to audit, the accounts.'.
50. Visitor has ceremonial functions only
After section 41(1) of the University of Ballarat
30 Act 1993 insert--
"(1A) The Visitor has ceremonial functions only
and has no powers, duties or functions with
respect to the resolution of disputes or any
other matter concerning the affairs of the
35 University (other than a matter involving the
exercise of ceremonial functions only).".
47
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 8--University of Ballarat
s. 51
51. New section 72 inserted
After section 71 of the University of Ballarat Act
1993 insert--
"72. Existing proceedings
5 (1) Section 41(1A) applies with respect to
disputes and other matters arising before the
commencement of section 50 of the
University Acts (Amendment) Act 2002.
(2) If an inquiry by or authorised by the Visitor
10 into a dispute or other matter has been
commenced or been completed before the
commencement of section 50 of the
University Acts (Amendment) Act 2002,
the dispute or other matter is to be dealt with
15 and determined as if that Act had not been
enacted.".
__________________
48
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 9--Victoria University of technology
s. 52
PART 9--VICTORIA UNIVERSITY OF TECHNOLOGY
52. Further object
See: In section 6 of the Victoria University of
Act No.
Technology Act 1990, after paragraph (c)
21/1990.
5 Reprint No. 2 insert--
as at
10 September
"(ca) to promote critical enquiry within the
1998
university and in the general community;".
and
amending
Act Nos
85/1998,
53/1999,
74/2000,
11/2001 and
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
53. Payment of certain Council members
(1) Insert the following heading to section 8 of the
10 Victoria University of Technology Act 1990--
"Terms and conditions of office of Council
members".
(2) At the end of section 8 of the Victoria University
of Technology Act 1990 insert--
15 "(2) An elected or appointed member of the
Council, other than a member who holds a
full-time office on the staff of the University,
a full-time office under the Crown in any of
its capacities or a full-time office in a
20 statutory authority, at the discretion of the
Council, may be paid the remuneration and
fees that are fixed from time to time by the
Governor in Council for that member.
49
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 9--Victoria University of technology
s. 54
(3) A member of the Federal Parliament or the
Legislative Council or the Legislative
Assembly is not entitled to be paid or to
receive any remuneration, fees, allowances
5 or expenses in respect of his or her
membership of the Council.
(4) A member of the Council is not to be taken
to hold an office of profit under the Crown
that would--
10 (a) prevent the member sitting or voting as
a member of the Legislative Council or
the Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or the Legislative
15 Assembly; or
(c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly; or
(d) subject the member to liability to pay a
20 penalty under the Constitution Act
1975.".
54. New section 16A inserted
After section 16 of the Victoria University of
Technology Act 1990 insert--
25 "16A. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the
Council and the objects of the University
rather than any constituent person or body
30 who elected or appointed the member.
(2) A member of the Council must not make
improper use of any information acquired in
the course of his or her duties to obtain
directly or indirectly any pecuniary or other
50
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 9--Victoria University of technology
s. 55
advantage for himself or herself or any other
person.".
55. Administration fee for trust funds
After section 41(7) of the Victoria University of
5 Technology Act 1990 insert--
"(8) The Council may, out of the annual income
of a trust fund in an investment common
fund, periodically deduct an amount not
exceeding 5% of the annual income of that
10 trust fund as commission for the
administration of that trust fund.
(9) The commission deducted in accordance
with sub-section (8) is to be received and
accepted by the University as full payment to
15 it for the costs of administration of the trust
fund.
(10) The University must not make any other
charges on the trust fund in addition to the
commission received under sub-section (9),
20 except in accordance with the trust deed.".
56. New section 43 inserted
After section 42 of the Victoria University of
Technology Act 1990 insert--
'43. Audit of corporations
25 (1) If the University--
(a) forms, participates in the formation of,
or is a member of, a corporation under
section 42(14) that is not incorporated
or taken to be incorporated under the
30 Corporations Act; and
(b) has a substantial holding in the
corporation as defined in section 9 of
the Corporations Act with the
modification that the reference to 5% in
51
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 9--Victoria University of technology
s. 56
paragraph (a) of the definition of
"substantial holding" in that section is
to be read as 50%--
the accounts of the corporation shall be
5 audited annually by the Auditor-General.
(2) The following provisions apply to the annual
audit under sub-section (1)--
(a) the Auditor-General and any person
assisting the Auditor-General has with
10 respect to the accounts of the
corporation all the powers conferred on
the Auditor-General by any law relating
to the auditing of public accounts;
(b) the corporation must within 3 months
15 after 31 December in every year cause
its accounts to be balanced to that date
and a statement of accounts to be
prepared and submitted to the Auditor-
General;
20 (c) the statement of accounts shall be
prepared in the manner and in the form
approved by the Treasurer and shall
present fairly the financial transactions
of the corporation during the year and
25 the financial position of the corporation
at the end of the year;
(d) the Auditor-General must forward to
the Treasurer a copy of the audited
annual accounts.
30 (3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General--
(a) has right of access at all times to the
books, securities, accounts and
35 vouchers of the corporation; and
52
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 9--Victoria University of technology
s. 57
(b) may require from an officer or
employee of the corporation or the
University any information, assistance
and explanations necessary for the
5 performance of the duties of the
Auditor-General or person in relation to
the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the
10 Auditor-General to defray the costs and
expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a
member before the last preceding annual
15 audit.
(6) The Auditor-General is not required to audit
the accounts of a corporation incorporated or
formed in a place outside Australia under
this section if--
20 (a) under the law applying to that
corporation in that place, the Auditor-
General cannot be appointed as auditor
of the corporation; or
(b) in the Auditor-General's opinion, it is
25 impracticable or unreasonable for the
Auditor-General to audit, or be required
to audit, the accounts.'.
57. Visitor has ceremonial functions only
After section 46(1) of the Victoria University of
30 Technology Act 1990 insert--
"(1A) The Visitor has ceremonial functions only
and has no powers, duties or functions with
respect to the resolution of disputes or any
other matter concerning the affairs of the
35 University (other than a matter involving the
exercise of ceremonial functions only).".
53
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 9--Victoria University of technology
s. 58
58. New section 70 inserted
After section 69 of the Victoria University of
Technology Act 1990 insert--
"70. Existing proceedings
5 (1) Section 46(1A) applies with respect to
disputes and other matters arising before the
commencement of section 57 of the
University Acts (Amendment) Act 2002.
(2) If an inquiry by or authorised by the Visitor
10 into a dispute or other matters has been
commenced or been completed before the
commencement of section 57 of the
University Acts (Amendment) Act 2002,
the dispute or other matter is to be dealt with
15 and determined as if that Act had not been
enacted.".
__________________
54
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 10--Victorian College of the Arts
s. 59
PART 10--VICTORIAN COLLEGE OF THE ARTS
59. Further object
See: In section 5 of the Victorian College of the Arts
Act No.
Act 1981 after paragraph (c) insert--
9566/1981.
Reprint No. 2
5 "(ca) to promote critical enquiry within the
as at
1 September
College and in the general community;".
1997
and
amending
Act Nos
100/1998 and
11/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
60. Payment of certain Council members
(1) Insert the following heading to section 8 of the
Victorian College of the Arts Act 1981--
10 "Terms and conditions of office of Council
members".
(2) At the end of section 8 of the Victorian College
of the Arts Act 1981 insert--
"(2) An elected or appointed member of the
15 Council, other than a member who holds a
full-time office on the staff of the College, a
full-time office under the Crown in any of its
capacities or a full-time office in a statutory
authority, at the discretion of the Council,
20 may be paid the remuneration and fees that
are fixed from time to time by the Governor
in Council for that member.
(3) A member of the Federal Parliament, the
Legislative Council or the Legislative
25 Assembly is not entitled to be paid or to
receive any remuneration, fees, allowances
55
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 10--Victorian College of the Arts
s. 61
or expenses in respect of his or her
membership of the Council.
(4) A member of the Council is not to be taken
to hold an office of profit under the Crown
5 that would--
(a) prevent the member sitting or voting as
a member of the Legislative Council or
the Legislative Assembly; or
(b) make void the member's election to the
10 Legislative Council or the Legislative
Assembly; or
(c) prevent the member continuing to be a
member of the Legislative Council or
the Legislative Assembly; or
15 (d) subject the member to liability to pay a
penalty under the Constitution Act
1975.".
61. New section 17A inserted
After section 17 of the Victorian College of the
20 Arts Act 1981 insert--
"17A. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the
Council and the objects of the College rather
25 than any constituent person or body who
elected or appointed the member.
(2) A member of the Council must not make
improper use of any information acquired in
the course of his or her duties to obtain
30 directly or indirectly any pecuniary or other
advantage for himself or herself or any other
person.".
56
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 10--Victorian College of the Arts
s. 62
62. Administration fee for trust funds
After section 34(5) of the Victorian College of
the Arts Act 1981 insert--
"(6) The Council may, out of the annual income
5 of a trust fund in an investment common
fund, periodically deduct an amount not
exceeding 5% of the annual income of that
trust fund as commission for the
administration of that trust fund.
10 (7) The commission deducted in accordance
with sub-section (6) is to be received and
accepted by the College as full payment to it
for the costs of administration of the trust
fund.
15 (8) The College must not make any other
charges on the trust fund in addition to the
commission received under sub-section (7),
except in accordance with the trust deed.".
__________________
57
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Part 11--consequential aMEnDMent
s. 63
PART 11--CONSEQUENTIAL AMENDMENT
63. Consequential amendment of Administrative Law Act
1978
Section 14 of the Administrative Law Act 1978
5 is repealed.
58
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
University Acts (Amendment) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
59
541339B.I1-1/11/2002 BILL LA CIRCULATION 25-10-2004
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