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MELBOURNE UNIVERSITY AMENDMENT BILL 2009

    Melbourne University Amendment
               Bill 2009

                        Introduction Print

              EXPLANATORY MEMORANDUM


                              Clause Notes
Clause 1   sets out the main purpose of the Bill, which is to amend the
           Melbourne University Act 1958 to facilitate the amalgamation
           between the Faculty of the Victorian College of the Arts and the
           Faculty of Music at The University of Melbourne.

Clause 2   states that the Act will come into effect on 6 April 2009.

Clause 3   provides for the Faculty of the Victorian College of the Arts
           to amalgamate with the Faculty of Music and be renamed
           "the Faculty of the VCA and Music".
           Subsection (1) amends the title of section 29A of the Melbourne
           University Act 1958 to reflect the amalgamation and the name of
           the reconstituted Faculty. The title of the section is henceforth
           entitled: "29A Faculty of the VCA and Music".
           Subsection (2) inserts three new subsections (1A), (1B) and (1C)
           after section 29A(1) of the Melbourne University Act 1958.
           Subsection (1A)(a) renames the Faculty on and from 6 April
           2009 and subsection (1A)(b) provides for the name of the Faculty
           to be changed by the regulations or statutes of the University.
           Subsection (1B) is a transitional provision which provides for
           a reference to the "Faculty of the Victorian College of the Arts"
           in any other Act or instrument to be construed as a reference to
           "the Faculty of the VCA and Music".
           Subsection (1C) is a transitional provision which provides that,
           should the Faculty be renamed by the University Council, unless
           a contrary intention appears, a reference in any Act or
           subordinate instrument to the former "Faculty of the VCA and
           Music" or any name subsequently conferred or imposed is to be
           construed as a reference to the name of the Faculty most recently


561379                               1      BILL LA INTRODUCTION 25/2/2009

 


 

conferred or imposed by the statutes or regulations of the University. Subsection (3) amends section 29A(2) to insert the words "or regulations" after the word "statutes" where these words appear. This has been done to provide for The University of Melbourne to change the name of the Faculty pursuant to the University's regulations. Subsection (4) repeals section 29A(3) of the Melbourne University Act 1958, which is a transitional provision drafted for purposes related to the establishment of the former Faculty of the Victorian College of the Arts. This provision became redundant on 1 July 2007. Subsection (5) amends section 29A(5) in order to reflect the integration of a new School of Music by inserting the words "including music" in paragraphs (a) and (c) of that section. A typographical error at paragraph (d) of section 29A(5) is also corrected by substituting a reference to "the College" for a reference to "the Faculty". Subsection (5) further amends section 29A(5) by inserting a semi-colon at paragraph (e) and by inserting a new paragraph (f), which provides for the University Council, with agreement by the Faculty, to undertake any other activities as may be determined from time to time. This provision has been added to remove any doubt that the University Council, with the agreement of the Faculty, has the power to amend the objects of the reconstituted Faculty. Clause 4 states that this Act is repealed on the first anniversary of its commencement. The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 2

 


 

 


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