Commonwealth Numbered Acts

HIGHER EDUCATION LEGISLATION AMENDMENT ACT (NO. 2) 2004 NO. 114, 2004 - SCHEDULE 4

Part 1—Amendments
1 Section 3 (paragraph (b) of the definition of ex officio member )

Repeal the paragraph.

2 Paragraph 10(1)(b)

Repeal the paragraph.

3 Paragraph 10(1)(q)

Omit "6", substitute "7".

4 Paragraph 12(2)(b)

Repeal the paragraph, substitute:

(b) if the Pro-Chancellor is a member of the Council—he or she is present;
5 Subsection 12(3)

After "Pro-Chancellor", insert "(if he or she is a member of the Council)".

6 Subsection 13(1)

After "Pro-Chancellor", insert "(if he or she is a member of the Council)".

7 Subsection 13(3)

Omit "The", substitute "Subject to subsection (4), the".

8 At the end of subsection 13(3)

Add "(if he or she is a member of the Council)".

9 Subsection 13(4)

Repeal the subsection, substitute:

(4)

If the proposed resolution deals with whether a member of the Council has breached his or her duties under section 18A, 18B, 18C, 18D, 18E or 18F as a member of the Council, the resolution is passed if each of at least a two-thirds majority of the members of the Council eligible to vote on that resolution:

(a) signs a document containing the text of the resolution; and
(b) returns it to the Chancellor or Pro-Chancellor (if he or she is a member of the Council).

(5)

For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:

(a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or
(b) if the resolution deals with whether a member of the Council has breached his or her duties under section 18A, 18B, 18C, 18D, 18E or 18F as a member of the Council—he or she is the member to whom the resolution relates.
10 Paragraph 15(1)(k)

After "opinion", insert "formed by resolution passed as mentioned in subsection (1A) or subsection 13(4)".

11 After subsection 15(1)

Insert:

(1A)

For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two-thirds majority of the members of the Council.

12 Subsection 15(2)

Omit ", (b)".

13 Paragraph 15(2)(b)

Repeal the paragraph.

14 At the end of subsection 32(1)

Add "The appointee must not be a student or an employee of the University.".

15 After subsection 32(1)

Insert:

(1A)

The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.

16 Subsection 32(2)

After "Subject to", insert "subsection (1A) and".

17 At the end of subsection 33(1)

Add "The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).".

18 After subsection 33(1)

Insert:

(1A)

The Pro-Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:

(a) the period of his or her office as a member of the Council ends at a particular time; or
(b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;

he or she also ceases to hold office as Pro-Chancellor at that time.

19 Subsection 33(2)

After "Subject to", insert "subsection (1A) and".

Part 2—Transitional provisions
20 Definition

In this Part:
"Principal Act" means the Australian National University Act 1991 .

21 Amendments relating to the Chancellor

The amendments of section 32 of the Principal Act made by this Act apply to each person holding office as Chancellor under that section on or after the commencement of this item, whether that person was appointed to that office before, on or after that commencement.

22 Amendments relating to the Pro-Chancellor

(1) This item applies to a person who holds office as Pro-Chancellor immediately before the commencement of this item.
(2) The appointment of the person as Pro-Chancellor continues in force after the commencement of this item as if it had been made under section 33 of the Principal Act as amended by this Act.
(3) For the purposes of the Principal Act as amended by this Act, the person is taken, on the commencement of this item:

(a) to have been appointed to the Council by the Minister under paragraph 10(1)(q) of the Principal Act on the recommendation of the Nominations Committee of Council; and
(b) to have been so appointed for a period equal to the remainder of the period of his or her office as Pro-Chancellor if no amendment of section 33 of the Principal Act had been made by this Act.