Western Australian Consolidated Acts

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EDITH COWAN UNIVERSITY ACT 1984 - SECT 41

41 .         Establishment of Student Guild

        (1)         On and after the day on which the Western Australian College of Advanced Education Amendment Act 1990 comes into operation  1 (in this section referred to as the commencement day ) the body corporate that was continued in existence under this Act as though it were established under this Act by the name of the “Western Australian College of Advanced Education Student Guild” is preserved and continues in existence as a body corporate under and subject to the provisions of this Act to be called the “Edith Cowan University Student Guild” but so that the corporate identity of the body corporate and its rights and obligations are not affected by the change in name.

        (1a)         A reference to the Western Australian College of Advanced Education Student Guild, whether by use of that name or a similar or abbreviated form of that name — 

            (a)         in a written law passed or made before the commencement day;

            (b)         in any document or other instrument made, executed, entered into or done before the commencement day; or

            (c)         made before the commencement day in any other manner,

                shall be construed as if it had been amended to be a reference to the Edith Cowan University Student Guild, unless because of the context it would be inappropriate to construe the reference in that manner.

        (2)         The Student Guild under its corporate name — 

            (a)         has perpetual succession;

            (b)         shall have a common seal;

            (c)         may sue and be sued in any court; and

            (d)         subject to the Statutes, may do and suffer all other acts and things that bodies corporate may by law do and suffer.

        (3)         The Student Guild shall be an organized association of enrolled students the primary function of which is to further the common interests of its members.

        (4)         The Student Guild shall be the recognised means of communication between its members and the Council in accordance with any Statutes that the Council makes.

        (5)         Subject to the conditions and qualifications for membership prescribed by Statute any enrolled student is eligible to be a member of the Student Guild.

        (6)         A student becomes a member of the Student Guild upon enrolment, for the period of enrolment, unless —

            (a)         at the time of enrolment that student elects not to become a member; or

            (b)         the enrolled student is not eligible to be a member.

        (6a)         Despite subsection (6), an enrolled student may resign at any time as a member of the Student Guild.

        (6b)         No academic benefit, right or privilege shall be denied to or withheld from any enrolled student by reason of that student not being a member of the Student Guild.

        (7)         An enrolled student (whether a member of the Student Guild or not) may vote in an election held to fill a vacancy in a Student Guild office, but an enrolled student cannot hold an elective office unless that enrolled student is a member of the Student Guild.

        [(8)         deleted]

        (9)         The Statutes may prescribe — 

            (a)         the classes of membership and the conditions of or qualifications for membership of the Student Guild;

            (b)         the powers, duties and functions of the Student Guild; and

            (c)         such other matters and things as are necessary or convenient for the effective exercise of the powers, duties and functions of the Student Guild.

        [Section 41 amended by No. 63 of 1990 s. 18 and 19; No. 91 of 1994 s. 10; No. 44 of 2002 s. 7.]



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