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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
University of Ballarat (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--MERGER 3
3. New Part 9 substituted 3
PART 9--MERGER WITH TAFE INSTITUTES 3
59. Definitions 3
60. University to be successor in law of the Company 3
61. Transfer of assets and liabilities of the Institute 5
62. Gifts, trusts etc. 7
63. Staff 8
64. Students 9
65. Indemnity 10
66. Land used by the Company 11
67. Amendment of Register etc. 11
68. Rules of the Company and the Institute 12
69. Powers of the Company and the Institute 12
70. Revocation of Orders in Council 12
PART 3--ADMINISTRATION 14
4. The Council 14
5. Term of office of members of Council 15
6. Consequential amendments 16
7. Vacancies 16
PART 4--ESTABLISHMENT OF TAFE DIVISION 18
8. TAFE staff 18
9. Substitution of Part heading 18
10. New section 26A inserted 19
26A. Division established 19
11. New Part 3A inserted 19
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531208B.I1-12/9/97
Clause Page
PART 3A--TECHNICAL AND FURTHER EDUCATION
DIVISION 19
29C. Division established 19
29D. Board of Technical and Further Education 19
29E. Chairperson and Deputy Chairperson of Board 20
29F. Powers of Board 20
29G. Resolutions without meetings of the Board of Technical
and Further Education 21
29H. Approved methods of communication for Board of
Technical and Further Education meetings 21
29I. Board of Technical Studies 22
PART 5--OTHER AMENDMENTS 23
12. Awards 23
13. Statutes 23
14. Borrowing powers 23
15. Disposal of land 23
16. New Part 10 inserted 24
PART 10--TRANSITIONALS 24
71. Transitional provisions for 1998 Council 24
17. New Schedules inserted 26
SCHEDULE 2--Land that vests in the University 26
SCHEDULE 3--Land to be managed by the University 27
18. Consequential amendment 27
19. Amendment of the Vocational Education and Training Act
1990 27
NOTES 29
ii
531208B.I1-12/9/97
PARLIAMENT OF VICTORIA
A BILL
to amend the University of Ballarat Act 1993 to provide for the
merger of The School of Mines and Industries Ballarat Limited and
the Wimmera Institute of TAFE with the University of Ballarat and
other miscellaneous matters, to make consequential amendments to
the Vocational Education and Training Act 1990 and for other
purposes.
University of Ballarat (Amendment) Act
1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
University of Ballarat Act 1993 to provide for
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University of Ballarat (Amendment) Act 1997
s. 2
Act No.
the merger of The School of Mines and Industries
Ballarat Limited and the Wimmera Institute of
TAFE with the University of Ballarat and other
miscellaneous matters.
5 2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 January 1998.
10 _______________
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
PART 2--MERGER
3. New Part 9 substituted
No. 107/1993.
For Part 9 of the University of Ballarat Act 1993
Amended by
substitute-- Act Nos
75/1994,
5 70/1995,
'PART 9--MERGER WITH TAFE INSTITUTES
104/1995 and
57/1996.
59. Definitions
In this Part--
"Company" means The School of Mines
and Industries Ballarat Limited A.C.N.
10 004 057 765;
"Institute" means the Wimmera Institute of
Technical and Further Education.
60. University to be successor in law of the
Company
15 Subject to this Act, on and from 1 January
1998--
(a) the University of Ballarat is the
successor in law of the Company; and
(b) the assets and rights of the Company
20 vest in the University of Ballarat; and
(c) the liabilities and obligations of the
Company become liabilities and
obligations of the University of
Ballarat; and
25 (d) any scholarship, prize or bursary of a
continuing nature administered by the
Company and existing immediately
before 1 January 1998 shall be
administered by the University of
30 Ballarat, but otherwise in accordance
with the terms and conditions to which
3
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
it was subject immediately before that
date; and
(e) all contracts, deeds, bonds, agreements,
arrangements, guarantees and other
5 instruments (except contracts,
agreements or arrangements relating to
the members of staff of the Company
referred to in section 63) made or
entered into by, on behalf of, or in
10 relation to the Company and in force
immediately before 1 January 1998
have effect as if made or entered into
by, on behalf of, or in relation to, the
University of Ballarat; and
15 (f) all actions, claims, arbitrations,
applications and other proceedings
(including proceedings on appeal or
review) pending or existing
immediately before 1 January 1998 by,
20 against, or in relation to the Company
have effect as if they were proceedings
by, against, or in relation to the
University of Ballarat, and may be
continued and completed accordingly;
25 and
(g) any permit, licence or authority issued
or granted to the Company by or under
any Act continues to operate, despite
anything in this Act, in favour of the
30 University of Ballarat in the same way
and to the same extent as it operated in
favour of the Company; and
(h) a reference in any Act (other than this
Act) or a subordinate instrument within
35 the meaning of the Interpretation of
Legislation Act 1984 to the Company
must, on and after 1 January 1998, be
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s. 3
Act No.
construed as a reference to the
University of Ballarat unless the
context otherwise requires; and
(i) all records and documents of the
5 Company become the property of the
University of Ballarat.
61. Transfer of assets and liabilities of the
Institute
Subject to this Act, on and from 1 January
10 1998--
(a) the Institute and its Council are
dissolved and the University of Ballarat
is the successor in law of the Institute
and its Council; and
15 (b) the assets and rights of the Institute or
its Council vest in the University of
Ballarat; and
(c) the liabilities and obligations of the
Institute or its Council become
20 liabilities and obligations of the
University of Ballarat; and
(d) any scholarship, prize or bursary of a
continuing nature administered by the
Institute or its Council and existing
25 immediately before 1 January 1998
shall be administered by the University
of Ballarat, but otherwise in accordance
with the terms and conditions to which
it was subject immediately before that
30 date; and
(e) all contracts, deeds, bonds, agreements,
arrangements, guarantees and other
instruments (except contracts,
agreements or arrangements relating to
35 the members of staff of the Institute
5
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
referred to in section 63) made or
entered into by, on behalf of, or in
relation to the Institute or its Council
and in force immediately before 1
5 January 1998 have effect as if made or
entered into by, on behalf of, or in
relation to, the University of Ballarat;
and
(f) all actions, claims, arbitrations,
10 applications and other proceedings
(including proceedings on appeal or
review) pending or existing
immediately before 1 January 1998 by,
against, or in relation to the Institute
15 have effect as if they were proceedings
by, against, or in relation to the
University of Ballarat, and may be
continued and completed accordingly;
and
20 (g) any permit, licence or authority issued
or granted to the Council or the
Institute by or under any Act continues
to operate, despite anything in this Act,
in favour of the University of Ballarat
25 in the same way and to the same extent
as it operated in favour of the Institute;
and
(h) a reference in any Act (other than this
Act) or a subordinate instrument within
30 the meaning of the Interpretation of
Legislation Act 1984 to the Institute or
its Council, on and after 1 January
1998, be construed as a reference to the
University of Ballarat unless the
35 context otherwise requires; and
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
(i) all records and documents of the
Institute or its Council become the
property of the University of Ballarat.
62. Gifts, trusts etc.
5 If--
(a) before, on or after 1 January 1998--
(i) a gift, disposition or trust of
property is made or declared or is
deemed to have been made or
10 declared; or
(ii) a trust fund is created--
(whether by deed, will or otherwise) to,
in favour of, for the use of, or for the
purposes of, the Company or the
15 Institute; and
(b) the gift, disposition, trust or trust fund
takes effect, or may take effect, or the
trust fund may be applied, on or after
that date--
20 the gift, disposition, trust or trust fund does
not fail only because of the provisions of this
Act, but, in relation to any other matter
occurring on or after that date--
(c) in the case of a gift, disposition or trust
25 of property, takes effect as if made or
declared to or in favour of the
University of Ballarat or a company
referred to in section 37 for a purpose
of the University of Ballarat or such a
30 company that corresponds with, or is
similar to, those purposes of the
Company or the Institute for which it
was made or declared; or
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
(d) in the case of a trust fund, may be
applied as if created in favour of the
University of Ballarat or a company
referred to in section 37 for a purpose
5 of the University of Ballarat or such a
company that corresponds with, or is
similar to, those purposes of the
Company or the Institute for which the
fund was created.
10 63. Staff
(1) On 1 January 1998, a person who,
immediately before that date, was a member
of the staff employed by the Company or the
Institute or its Council becomes a member of
15 the staff of the University of Ballarat.
(2) A person who becomes a member of the staff
of the University of Ballarat under sub-
section (1)--
(a) is a member of the staff of the
20 University of Ballarat with
remuneration no less than the person
was receiving or was entitled to receive
as a member of the staff of the
Company, the Institute or its Council
25 immediately before 1 January 1998 and
on terms and conditions no less
favourable than those applying to that
person immediately before that date;
and
30 (b) continues to have the benefit of all
entitlements (including all entitlements
arising from recognition of prior
service with other bodies) accrued in
respect of the person's appointment by
35 the Company or the Institute or its
Council before 1 January 1998--
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
subject to any written notice, agreement or
arrangement relating to the employment of
that person given or made by or on behalf of
the Company or the Institute or its Council
5 that was in force immediately before 1
January 1998.
(3) A person transferred under sub-section (1)
who, immediately before the transfer, was an
officer within the meaning of the State
10 Superannuation Act 1988 continues,
subject to that Act, to be an officer within the
meaning of that Act, while he or she
continues as a member of staff of the
University of Ballarat.
15 64. Students
(1) On 1 January 1998, a person who was
enrolled as a student of the Company or the
Institute immediately before that day
becomes an enrolled student of the
20 University of Ballarat.
(2) Despite anything to the contrary in this
Act--
(a) statutes or regulations made under this
Act by the Council of the University of
25 Ballarat may authorise the Council, at
the request of a person who becomes an
enrolled student of the University of
Ballarat because of sub-section (1), to
confer on the student, subject to and in
30 accordance with the statutes and
regulations, a diploma or certificate or
other award under a name that includes
the title of the award and the words
"School of Mines and Industries
35 Ballarat" or "Wimmera Institute of
Technical and Further Education";
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
(b) the powers of the Council of the
University of Ballarat under section 26
extend to the conferring of any award
on a person who becomes an enrolled
5 student of the University of Ballarat
because of sub-section (1) that the
Company or the Institute could have
conferred on the person if this Act had
not been enacted;
10 (c) a person who holds a diploma,
certificate or other award of the
Company or the Institute is entitled to
the same benefits and privileges at the
University of Ballarat as are enjoyed by
15 persons holding diplomas, certificates
and other awards of the University of
Ballarat as if the diploma, certificate or
other award of the Company or the
Institute were a diploma, certificate or
20 other award of the University of
Ballarat.
(3) If a person was, before 1 January 1998,
entitled to a diploma, certificate or other
award of the Company or the Institute that
25 has not been granted, the diploma, certificate
or award must be granted by the Council of
the University of Ballarat and, for that
purpose, the Council may exercise in the
name of the Company or Institute any power
30 that the Company or the Institute might have
exercised before 1 January 1998 in respect of
the diploma, certificate or award.
65. Indemnity
A person who, immediately before 1 January
35 1998, was a director of the Company or a
member of the Council of the Institute is
entitled to be indemnified by the University
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
of Ballarat in respect of any personal liability
arising out of the bona fide execution of the
duties, powers, authorities and discretions
conferred or imposed on the person as a
5 director to the same extent and in the same
circumstances as if the person were a
member of the Council of the University of
Ballarat before that date.
66. Land used by the Company
10 (1) On 1 January 1998, the land described in the
folios of the Register under the Transfer of
Land Act 1958 referred to in Schedule 2
vests in fee simple (together with any
appurtenant rights) in the University of
15 Ballarat, subject to the conditions,
covenants, encumbrances, limitations,
exceptions, reservations and restrictions to
which the land was subject immediately
before its vesting under this section.
20 (2) Despite anything to the contrary in the
Orders in Council specified in Schedule 3,
the purposes of the reservations specified in
those Orders in Council are deemed to be
public purposes (education).
25 (3) The University of Ballarat is appointed as
the trustee of the land described in Schedule
3 in place of the Company.
67. Amendment of Register etc.
The Registrar of Titles, on being requested to
30 do so and on delivery of any relevant
certificate of title, instrument or document,
must make any amendments in the Register
under the Transfer of Land Act 1958 that
are necessary because of the operation of this
35 Act.
11
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
68. Rules of the Company and the Institute
(1) The rules of the Company and the Institute in
force immediately before 1 January 1998, to
the extent to which they could be made as
5 regulations by the University of Ballarat and
are not inconsistent with any regulations so
made, continue to have effect--
(a) as if made as regulations under a
Statute of the University of Ballarat;
10 and
(b) as if any reference to the Company or
the Institute were a reference to the
University of Ballarat.
(2) Rules continued in force under sub-section
15 (1) may be amended or revoked as if they
were regulations made under a Statute by the
University of Ballarat.
69. Powers of the Company and the Institute
Despite anything to the contrary in the
20 constitution or the Memorandum and
Articles of Association of the Company or
the Institute, the Company and the Institute
are deemed to have, and always to have had,
power to do all things they are authorised or
25 empowered to do under and for the purposes
of this Act or necessary or expedient to be
done for the purposes of the merger with the
University of Ballarat in accordance with
this Part.
30 70. Revocation of Orders in Council
(1) The Order in Council made on 6 December
1994 constituting the Council of the
Wimmera Community College of Technical
and Further Education is revoked.
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University of Ballarat (Amendment) Act 1997
s. 3
Act No.
(2) The Order in Council made on 11 July 1995
changing the name and constitution of the
council referred to in the Order described in
sub-section (1) is revoked.'.
5 _______________
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University of Ballarat (Amendment) Act 1997
s. 4
Act No.
PART 3--ADMINISTRATION
4. The Council
No. 107/1993. For section 7(2), (3) and (4) of the University of
Amended by
Ballarat Act 1993 substitute--
Act Nos
75/1994,
5 "(2) The Council shall consist of--
70/1995,
104/1995 and
(a) the Chancellor;
57/1996.
(b) the Vice-Chancellor;
(c) the Chair of the Academic Board;
(d) the Chairperson of the Board of
10 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
15 of the University prescribed by the
Statutes;
(f) 2 persons elected by and from the
students enrolled at the University
prescribed by the Statutes;
20 (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 Chair of the Academic Board is not a
25 professor or an associate professor, one of
the members of staff elected under sub-
section (2)(e) must be elected from the staff
who are professors or associate professors.
(4) Of the members appointed under sub-section
30 (2)(g) and (i)--
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University of Ballarat (Amendment) Act 1997
s. 5
Act No.
(a) 2 must be persons who live or work in
the Ballarat region;
(b) one must be a person who lives or
works in the Wimmera region;
5 (c) one must be a person with substantial
business experience;
(d) one must be a person with
qualifications and experience in
financial matters.
10 (e) one must be a person who has
substantial knowledge or experience of
vocational education and training.
(5) Not more than 3 of the members appointed
under sub-section (2)(g) and (i) may be
15 persons whose normal place of residence is
outside Australia.
(6) Elections of members of the Council shall be
conducted in accordance with the Statutes.".
5. Term of office of members of Council
20 In section 8 of the University of Ballarat Act
1993--
(a) in sub-section (1), for "for a term of 3 years"
substitute "until 31 December in the second
year next following the year his or her
25 appointment takes effect";
(b) in sub-section (2), for "for a term of 2 years"
substitute "until 31 December in the year
next following the year his or her election
takes effect";
30 (c) in sub-section (3), for "for a term of 1 year"
substitute "until 31 December in the year
that his or her election takes effect";
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University of Ballarat (Amendment) Act 1997
s. 6
Act No.
6. Consequential amendments
In the University of Ballarat Act 1993--
(a) in section 3, for the definition of "Ballarat
region" substitute--
5 ' "Ballarat region" means the electoral
province for the Legislative Council of
Victoria of Ballarat;';
(b) in section 3, after the definition of
"University" insert--
10 ' "Wimmera region" means the electoral
district for the Legislative Assembly of
Victoria of Wimmera;';
(c) in section 11, for "(j)" (where twice
occurring) substitute "(i)";
15 (d) in section 46(6), for "(h)" substitute "(i)".
7. Vacancies
(1) For section 10(3) of the University of Ballarat
Act 1993 substitute--
"(3) Any change in the membership, or the
20 academic rank of a member, of the Council
under section 7(2)(c) does not affect the
membership of the Council by a person who
is elected under section 7(2)(e) during the
term of that person's appointment under
25 section 7(2)(e).".
(2) After section 14(2) of the University of Ballarat
Act 1993 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
16
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University of Ballarat (Amendment) Act 1997
s. 7
Act No.
provision to be appointed by the Governor in
Council.".
_______________
5
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University of Ballarat (Amendment) Act 1997
s. 8
Act No.
PART 4--ESTABLISHMENT OF TAFE DIVISION
8. TAFE staff
After section 25(3) of the University of Ballarat
Act 1993 insert--
5 "(4) Sections 34A to 34C of, and Schedule 2 to,
the Vocational Education and Training
Act 1990 apply to the director of the
Technical and Further Education Division of
the University (however described) and to
10 any other staff employed by the Council in
that Division as if any reference in those
provisions--
(a) to a council were a reference to the
Council in its capacity as the governing
15 authority of the Technical and Further
Education Division of the University;
(b) to a college director were a reference to
the director of the Technical and
Further Education Division of the
20 University (however described);
(c) to persons employed under section 34A
of that Act were a reference to persons
employed under this section;
(d) to persons employed under section
25 34A(1)(b) of that Act were a reference
to persons (other than the director)
employed under this section in the
Technical and Further Education
Division of the University.".
30 9. Substitution of Part heading
For the heading to Part 3 of the University of
Ballarat Act 1993 substitute "PART 3--
HIGHER EDUCATION DIVISION".
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University of Ballarat (Amendment) Act 1997
s. 10
Act No.
10. New section 26A inserted
In Part 3 of the University of Ballarat Act 1993,
before section 27 insert--
"26A. Division established
5 (1) There shall be a Higher Education Division
of the University.
(2) The Academic Board is part of the Higher
Education Division.
(3) The Statutes may make provision for the
10 composition and purposes of the Division.".
11. New Part 3A inserted
After section 29B of the University of Ballarat
Act 1993 insert--
'PART 3A--TECHNICAL AND FURTHER
15 EDUCATION DIVISION
29C. Division established
(1) There shall be a Technical and Further
Education Division of the University.
(2) The Board of Technical and Further
20 Education and the Board of Technical
Studies are part of the Division.
(3) The Statutes may make provision relating to
the composition and purposes of the
Division.
25 29D. Board of Technical and Further Education
There shall be a Board of Technical and
Further Education consisting of the
prescribed number of members each of
whom is elected or appointed as prescribed.
30
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University of Ballarat (Amendment) Act 1997
s. 11
Act No.
29E. Chairperson and Deputy Chairperson of
Board
There shall be a chairperson and deputy
chairperson of the Board of Technical and
5 Further Education elected by the Board.
29F. Powers of Board
The Board of Technical and Further
Education--
(a) may discuss, and advise the Council or
10 the Vice-Chancellor about, the
development of the Technical and
Further Education Division, the
provision of effective, efficient and
responsive technical and further
15 education programs and services in the
geographical area served by the
Division, the development of strategic
and business plans, capital management
plans and performance agreements for
20 the Division and any other matters
which are relevant to the provision of
technical and further education
programs and services;
(b) must report to the Council or the Vice-
25 Chancellor on all matters submitted to
it by the Council or the Vice-
Chancellor for report;
(c) has such other powers and duties as are
conferred or imposed upon it by this
30 Act or, with the approval of the
Minister, by the Statutes or regulations;
(d) subject to this Act and except as
otherwise prescribed by the Statutes or
regulations, may regulate its own
35 proceedings.
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University of Ballarat (Amendment) Act 1997
s. 11
Act No.
29G. Resolutions without meetings of the Board
of Technical and Further Education
(1) If a majority of the members for the time
being of the Board of Technical and Further
5 Education sign a document circulated by, or
on behalf of, the chairperson of the Board
containing a statement that those members
are in favour of a resolution in terms set out
in the document, a resolution in those terms
10 shall be taken to have been passed at a
meeting of the Board held on the day on
which the document is signed or, if the
members do not sign it on the same day, on
the day on which the last member to sign
15 signs the document.
(2) If a resolution is, under sub-section (1),
taken to have been passed at a meeting of the
Board of Technical and Further Education,
each member must be advised as soon as
20 practicable and given a copy of the terms of
the resolution.
(3) For the purposes of sub-section (1), two or
more separate documents containing a
statement in identical terms, each of which is
25 signed by one or more members, shall be
taken to constitute one document.
29H. Approved methods of communication for
Board of Technical and Further Education
meetings
30 (1) If not less than two thirds of the members of
the Board of Technical and Further
Education for the time being holding office
so agree, a meeting of the Board may be held
by means of a method of communication, or
35 by means of a combination of methods of
communication, approved by the chairperson
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University of Ballarat (Amendment) Act 1997
s. 11
Act No.
of the Board for the purposes of that
meeting.
(2) For the purposes of this Part, a member of
the Board of Technical and Further
5 Education who participates in a meeting held
as permitted by sub-section (1) is present at
the meeting even if he or she is not
physically present at the same place as
another member participating in the meeting.
10 (3) In this section, "meeting" includes a part of
a meeting.
29I. Board of Technical Studies
(1) There shall be a Board of Technical Studies
for the purposes of--
15 (a) academic oversight of prescribed
programs and courses of study in
technical and further education; and
(b) providing advice to the Council and the
Board of Technical and Further
20 Education on--
(i) the conduct and content of those
programs and courses; and
(ii) the awarding of certificates and
diplomas in technical and further
25 education.
(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
30 chairperson of the Board of Technical
Studies elected by the Board.'.
_______________
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University of Ballarat (Amendment) Act 1997
s. 12
Act No.
PART 5--OTHER AMENDMENTS
12. Awards
In section 26 of the University of Ballarat Act
1993--
5 (a) in sub-section (2)(a), after "College" insert
", at The School of Mines and Industries
Ballarat Limited, at the Wimmera Institute of
Technical and Further Education";
(b) in sub-section (5), for "or by Ballarat
10 University College" substitute ", by Ballarat
University College, The School of Mines
and Industries Ballarat Limited or the
Wimmera Institute of Technical and Further
Education".
15 13. Statutes
In section 31(3)(c) and (4) of the University of
Ballarat Act 1993, for "Governor in Council"
substitute "Minister".
14. Borrowing powers
20 In section 34(2) of the University of Ballarat Act
1993, 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
25 Minister".
15. Disposal of land
After section 35(5) of the University of Ballarat
Act 1993 insert--
"(6) 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 lease hold interest granted for
23
531208B.I1-12/9/97
University of Ballarat (Amendment) Act 1997
s. 16
Act No.
less than 21 years and whether totally or
partially or subject to conditions) any land
granted in fee simple under sub-section
(3)(a).
5 (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-
10 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
15 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).
20 (8) Sub-sections (6) and (7) have effect despite
any Act or law to the contrary, including any
rule of common law.".
16. New Part 10 inserted
After Part 9 of the University of Ballarat Act
25 1993 insert--
'PART 10--TRANSITIONALS
"71. Transitional provisions for 1998 Council
(1) All members of the Council of the University
of Ballarat holding office on 31 December
30 1997 except the Chancellor, the Vice-
Chancellor and the Chair of the Academic
Board are deemed to have gone out of office
at the end of that day but are eligible for re-
24
531208B.I1-12/9/97
University of Ballarat (Amendment) Act 1997
s. 16
Act No.
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
elections of members to take effect on 1
5 January 1998--
(a) the 3 members referred to in section
7(2)(e) shall be persons appointed by
the Minister who, on 31 December
1997, were members of the staff of the
10 University of Ballarat, The School of
Mines and Industries Ballarat Limited
or the Wimmera Institute of Technical
and Further Education;
(b) the 2 members referred to in section
15 7(2)(f) shall be persons appointed by
the Minister who, on 31 December
1997, were enrolled students of the
University of Ballarat, The School of
Mines and Industries Ballarat Limited
20 or the Wimmera Institute of Technical
and Further Education;
(c) the 6 members referred to in section
7(2)(i) shall be persons appointed by
the Governor in Council.
25 (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
30 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 Governor
35 in Council under sub-section (2)(c)--
25
531208B.I1-12/9/97
University of Ballarat (Amendment) Act 1997
s. 17
Act No.
(a) 2 must be appointed until 31 December
1998;
(b) 2 must be appointed until 31 December
1999;
5 (c) 2 must be appointed until 31 December
2000.
(6) In the case only of the first appointments of
members by the Governor in Council under
section 7(1)(g) to take effect on 1 January
10 1998--
(a) 2 must be appointed until 31 December
1998;
(b) 2 must be appointed until 31 December
1999;
15 (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
20 with the provisions of this Act other than this
section.'.
17. New Schedules inserted
After the Schedule to the University of Ballarat
Act 1993 insert--
25 "SCHEDULE 2
Land that vests in the University
volume 2841 folio 090
volume 2983 folio 405
volume 3045 folio 914
volume 6424 folio 608
volume 8080 folio 906
26
531208B.I1-12/9/97
University of Ballarat (Amendment) Act 1997
s. 18
Act No.
volume 8238 folio 622
volume 9972 folio 055
volume 10176 folio 292
volume 10217 folio 380
SCHEDULE 3
Land to be managed by the University
The land being Crown Allotment 1, Section 9A City of Ballaarat, Parish of
Ballaarat, described in the Order in Council dated 6 June 1884 and reserved
5 as a site for a School of Mines by Order in Council dated 7 July 1884 and
published in the Government Gazette of 11 July 1884.
The land being Crown Allotment 2, Section 9A City of Ballaarat, Parish of
Ballaarat, described in the Order in Council dated 6 June 1884 and reserved
as a site for a School of Mines by Order in Council dated 9 July 1894 and
10 published in the Government Gazette of 13 July 1894."
18. Consequential amendment
In the Schedule to the University of Ballarat Act
1993 for the heading "Schedule" substitute
"Schedule 1".
15 19. Amendment of the Vocational Education and
Training Act 1990
No. 45/1990.
(1) In section 3 of the Vocational Education and
Reprinted to
Training Act 1990, in the definition of Act No.
"university with a TAFE division", after "means 106/1994 and
subsequently
20 the" insert "University of Ballarat,". amended by
Act Nos
(2) Section 37 of the Vocational Education and 42/1995,
Training Act 1990 is repealed. 85/1995,
35/1996
59/1996 and
9/1997.
27
531208B.I1-12/9/97
University of Ballarat (Amendment) Act 1997
s. 19
Act No.
(3) In Schedule 1 to the Vocational Education and
Training Act 1990, omit "The School of Mines
and Industries Ballarat Limited" and "Wimmera
Institute of Technical and Further Education".
5
28
531208B.I1-12/9/97
University of Ballarat (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
29
531208B.I1-12/9/97
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