New South Wales Consolidated Acts

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WESTERN SYDNEY UNIVERSITY ACT 1997 - SECT 41

Rules

41 Rules

(1) The by-laws may empower any authority (including the Board) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 10D (2) (c) (i) and (3) (a), 10E (4), 10F (2), 10I (1) (c) and (d) and (2) (a), 13 (2), 14 (2), 22 (1) (e) and (f) and 40 (1) (ja) and clause 3 of Schedule 1 (to the extent it relates to appointments).
(1A) Despite subsection (1), only the Board may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 10D (3) (b), 10E (2) (a) and 40 (1) (b) and clause 3 of Schedule 1 (to the extent it relates to elections) (
"election rules" ).
(1B) Election rules must be consistent with sound and democratic electoral practices, procedures and methods of voting.
(1C) The Board must ensure that any election rule it makes is made readily available to the public by whatever means the Board considers appropriate as soon as practicable after it is made.
(2) A rule--
(a) has the same force and effect as a by-law, and
(b) may, from time to time, be amended or repealed by the Board (whether or not the Board is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and
(c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and
(d) must indicate the authority or officer who made the rule and that it is made under this section.
(3) In the event of an inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.
(4) The fact that a provision of this Act specifically provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.



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