UNIVERSITY OF NOTRE DAME AUSTRALIA ACT 1989 - NOTES
UNIVERSITY OF NOTRE DAME AUSTRALIA ACT 1989 - NOTES
1 This is a compilation of the University of Notre Dame
Australia Act 1989 and includes the amendments made by the other written
laws referred to in the following table. The table also contains information
about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|
|---|---|---|---|---|
|
49 of 1989 |
9 Jan 1990 |
26 Jan 1990 (see s. 2 and Gazette
26 Jan 1990 p. 657) |
||
|
Voluntary Membership of Student Guilds and Associations
Act 1994 Pt. 6 2 |
91 of 1994 |
5 Jan 1995 |
5 Jan 1995 (see s. 2) |
|
|
Industrial Legislation Amendment Act 1995
s. 35 |
1 of 1995 |
9 May 1995 |
1 Jan 1996 (see s. 2(2) and
Gazette 24 Nov 1995 p. 5389) |
|
|
University of Notre Dame Australia Amendment
Act 1996 |
16 of 1996 |
28 Jun 1996 |
26 Jul 1996 |
|
|
Trustees Amendment Act 1997
s. 18 |
1 of 1997 |
6 May 1997 |
16 Jun 1997 (see s. 2 and Gazette
10 Jun 1997 p. 2661) |
|
|
Acts Amendment (Education Loan Scheme) Act 1998
Pt. 4 and 5 3 |
27 of 1998 |
30 Jun 1998 |
30 Jun 1998 (see s. 2) |
|
|
Reprint of the University of Notre Dame Australia
Act 1989 as at 1 Jun 2001 (includes amendments listed
above) |
||||
|
Acts Amendment (Student Guilds and Associations)
Act 2002 Pt. 5 |
44 of 2002 |
3 Jan 2003 |
25 Jan 2003 (see s. 2 and Gazette
24 Jan 2003 p. 141) |
|
|
Universities Legislation Amendment Act 2005
Pt. 5 4 |
8 of 2005 |
7 Jul 2005 |
13 Aug 2005 (see s. 2 and Gazette
12 Aug 2005 p. 3651) |
|
|
Reprint 2: The University of Notre Dame Australia
Act 1989 as at 3 Feb 2006 (includes amendments listed
above) |
||||
|
Financial Legislation Amendment and Repeal
Act 2006 s. 4, 5(1) and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
|
Statutes (Repeals and Minor Amendments) Act 2009
s. 16 |
46 of 2009 |
3 Dec 2009 |
4 Dec 2009 (see s. 2(b)) |
|
|
Universities Legislation Amendment Act 2016
Pt. 5 |
32 of 2016 |
19 Oct 2016 |
2 Jan 2017 (see s. 2(b) and Gazette 9 Dec
2016 p. 5557) |
|
2 The Voluntary Membership of Student Guilds and Associations
Act 1994 s. 2(2), (3) and (4) are transitional provisions that are
of no further effect.
3 The Acts Amendment (Education Loan Scheme)
Act 1998 Pt. 5 reads as follows:
“
Part 5 — Transitional
9. Existing loans may be varied
Despite the repeal of sections 9A(5)(c) and 27C(3) of the
Education Act 1928, section 17 of the Vocational Education
and Training Act 1996 and section 25A of the University of
Notre Dame Australia Act 1989, the terms and conditions of a loan made
under any of those provisions before the coming into operation of this Act may
be varied in the same manner and to the same extent as if the provision had not
been repealed.
10. Moneys may be borrowed and paid to Treasurer
(1) Any moneys advanced to the Education Minister or the Vocational
Education and Training Minister under the authorization of the
Treasurer’s Advance Authorization Act 1997 for the purpose of
lending under the Education Act 1928, the Vocational Education
and Training Act 1996 or the University of Notre Dame Australia
Act 1989 and not repaid to the Treasurer before the coming into
operation of this Act, are to be repaid, together with the interest accrued and
due on those moneys, by the relevant Minister to the Treasurer.
(2) The Education Minister may borrow moneys under section 9D(1) of
the Education Act 1928, as amended by this Act, or
section 25C(1) of the University of Notre Dame Australia
Act 1989, as amended by this Act, for the purpose of meeting
obligations under subsection (1).
(3) The Vocational Education and Training Minister may borrow moneys under
section 17A(1) of the Vocational Education and Training
Act 1996, as amended by this Act, for the purpose of meeting
obligations under subsection (1).
(4) In this section —
Education Minister means the Minister in whom the
administration of the Education Act 1928 is for the time being
committed by the Governor;
Vocational Education and Training Minister means the
Minister in whom the administration of the Vocational Education and Training
Act 1996 is for the time being committed by the Governor.
”.
4 The Universities Legislation Amendment Act 2005
s. 50 reads as follows:
“
50. Transitional provisions
(1) In this section —
commencement day means the day on which the Universities
Legislation Amendment Act 2005 comes into operation;
existing Trustee means a person who was a Trustee of the
University immediately before commencement day;
new section 7 means the UNDA Act section 7 as that
provision is in effect on commencement day;
UNDA Act means the University of Notre Dame Australia
Act 1989;
University has the meaning given to that term in the UNDA
Act section 3.
(2) Each existing Trustee continues in office as a Trustee of the
University under new section 7 on and from commencement day for the balance
of the term of office that applied to the Trustee immediately before
commencement day.
(3) As soon as practicable after commencement day —
(a) the Roman Catholic Archbishop of the Archdiocese of Perth is to
nominate, with the approval of the existing Trustees, 2 of the existing
Trustees to be his representatives; and
(b) the Roman Catholic Archbishop of the Archdiocese of Sydney is to
nominate, with the approval of the existing Trustees, 2 of the existing
Trustees to be his representatives.
(4) An existing Trustee who —
(a) is nominated under subsection (3)(a) or (b) is to be taken
to be a nominee Trustee for the purposes of the UNDA Act; or
(b) is not so nominated is to be taken to be a general Trustee for the
purposes of the UNDA Act,
but if the Vice-Chancellor is an existing Trustee, the Vice-Chancellor is
not to be taken to be a nominee Trustee or a general Trustee for the purposes of
the UNDA Act.
(5) A delegation of a function of the Board of Governors of the University
that is in effect immediately before commencement day is, on and from that day,
to be taken to be a delegation by the Board of Directors of a function of the
Board of Directors.
(6) The person who was the Vice-Chancellor of the University immediately
before commencement day continues, on and from that day, as the Vice-Chancellor
of the University for the balance of the term that applied to the person
immediately before that day.
(7) A statute, by-law or regulation made under the UNDA Act
section 20 that is in effect immediately before commencement day is, on and
from that day, to be taken to have been made by the Board of
Directors.
(8) On and after commencement day agreements, instruments and other
documents that had effect immediately before that day —
(a) to which the Board of Governors of the University was a party;
or
(b) which contain a reference to the Board of Governors of the
University,
have effect, by force of this section, as if —
(c) the Board of Directors were substituted for the Board of Governors as
a party to the agreement or instrument; and
(d) any reference to the Board of Governors were, unless the context
otherwise requires, a reference to the Board of Directors.
(9) An investment common fund established under the UNDA Act
section 23 that was in effect immediately before commencement day is, on
and after that day, to be treated as if it were established by the Board of
Directors.
(10) If, immediately before commencement day, any duty imposed by the UNDA
Act section 30 on the Board of Governors has not been complied with in
relation to the Board of Governors for any University year that expired before
commencement day, that duty subsists and is to be performed by the Board of
Directors.
”.
Defined
terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined term Provision(s)
Board of Directors 3
Board of
Governors 3
capital works 25B(4)
companies laws 26
general
Trustees 3
nominee Trustees 3
operating
account 25D(3)
statute 3
this
Act 3
Trustees 3
University 3
Vice-Chancellor 3