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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Universities Legislation Amendment
(Regulatory Reforms) Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend various Acts establishing universities (the University Acts) to
remove certain regulatory requirements relating to financial management, land dealings and
governing body election procedures of the universities and to put beyond doubt the capacity of the
universities to generate revenue to fund the objects and principal functions of the university. In
relation to each university:
(a) the requirement for the Governor on the recommendation of the Treasurer to approve
borrowings by the university is removed, and
(b) the requirement for the Minister for Education with the concurrence of the Treasurer to
approve university investment powers is removed, and
(c) the university is specifically authorised to generate revenue for the purpose of funding the
promotion of its object and the carrying out of its principal functions, and
(d) the requirement for the Treasurer on the recommendation of the Minister for Education to
approve fund managers is removed, and
(e) the requirement for the Minister for Education on the advice of the Treasurer to approve
guidelines for commercial activities carried on by the university is removed, and
(f) the requirement for the Minister for Education to approve the sale, encumbrance or lease
for more than 21 years of university land is removed and is replaced with a requirement for
such approval where the land concerned was granted, transferred or sold at nominal or less
than market value to the university by the State or is the lease of any land acquired from the
State for a term of more than 21 years, and
b2013-192-19.d14
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Explanatory note
(g) the limitation preventing the university from leasing certain land vested in the Crown which
is under the university's control and management for more than 21 years is removed and
replaced with a requirement permitting leases for more than 21 years with the approval of
the Minister for Education, and
(h) the university is empowered to delegate to the governing body of the university the power
to make rules concerning procedures for elections to that body instead of them being
prescribed by the by-laws.
The Bill also:
(i) amends the University of Wollongong Act 1989:
(i) to remove references to the "Convocation" of the University (Schedule 1.10 [1], [3]
and [13]), and
(ii) to enable the Vice-Chancellor of the University to sub-delegate functions delegated
to the Vice-Chancellor by the Council of the University (Schedule 1.10 [5]), and
(j) makes a consequential amendment to omit Part 11 (Convocation) of the University of
Wollongong By-law 2005 (Schedule 1.11), and
(k) amends the University of Newcastle Act 1989:
(i) to formally include the President of the Academic Senate as a member and chair of
the Academic Senate of the University (Schedule 1.6 [2]), and
(ii) to enable the Vice-Chancellor of the University to sub-delegate functions delegated
to the Vice-Chancellor by the Council of the University (Schedule 1.6 [4]), and
(l) amends the Macquarie University Act 1989 to correct a cross-reference
(Schedule 1.2 [14]), and
(m) amends each University Act to make amendments of a consequential or savings nature.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Acts and by-law
Schedule 1 amends the University Acts and a by-law as described in the Overview of the Bill.
Schedule 1.1 [2], 1.2 [2], 1.3 [2], 1.4 [2], 1.5 [2], 1.6 [3], 1.7 [2], 1.8 [2], 1.9 [2] and 1.10 [4]
amend the University Acts to achieve the object described in paragraph (a) of the Overview of the
Bill.
Schedule 1.1 [15], 1.2 [15], 1.3 [14], 1.4 [14], 1.5 [14], 1.6 [17], 1.7 [14], 1.8 [15], 1.9 [14] and
1.10 [18] amend the University Acts to achieve the object described in paragraph (b) of the
Overview of the Bill.
Schedule 1.1 [1], 1.2 [1], 1.3 [1], 1.4 [1], 1.5 [1], 1.6 [1], 1.7 [1], 1.8 [1], 1.9 [1] and 1.10 [2]
amend the University Acts to achieve the object described in paragraph (c) of the Overview of the
Bill.
Schedule 1.1 [16], 1.2 [16], 1.3 [15], 1.4 [15], 1.5 [15], 1.6 [18], 1.7 [15], 1.8 [16], 1.9 [15] and
1.10 [19] amend the University Acts to achieve the object described in paragraph (d) of the
Overview of the Bill.
Schedule 1.1 [8]-[10], 1.2 [7]-[9], 1.3 [7]-[9], 1.4 [7]-[9], 1.5 [7]-[9], 1.6 [10]-[12], 1.7 [7]-[9],
1.8 [8]-[10], 1.9 [7]-[9] and 1.10 [10]-[12] amend the University Acts to achieve the object
described in paragraph (e) of the Overview of the Bill and make consequential amendments.
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Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Explanatory note
Schedule 1.1 [3]-[5], 1.2 [3]-[5], 1.3 [3]-[5], 1.4 [3]-[5], 1.5 [3]-[5], 1.6 [5]-[7], 1.7 [3]-[5],
1.8 [3]-[5], 1.9 [3]-[5] and 1.10 [6]-[8] amend the University Acts to achieve the object
described in paragraph (f) of the Overview of the Bill and make consequential amendments.
Schedule 1.1 [6] and [7], 1.2 [6], 1.3 [6], 1.4 [6], 1.5 [6], 1.6 [8] and [9], 1.7 [6], 1.8 [6] and [7],
1.9 [6] and 1.10 [9] amend the University Acts to achieve the object described in paragraph (g) of
the Overview of the Bill and make consequential amendments.
Schedule 1.1 [11]-[14], 1.2 [10]-[13], 1.3 [10]-[13], 1.4 [10]-[13], 1.5 [10]-[13], 1.6 [13]-[16],
1.7 [10]-[13], 1.8 [11]-[14], 1.9 [10]-[13] and 1.10 [14]-[17] amend the University Acts to
achieve the object described in paragraph (h) of the Overview of the Bill and make consequential
amendments.
Schedule 1.1 [17] and [18], 1.2 [17] and [18], 1.3 [16] and [17], 1.4 [16] and [17], 1.5 [16] and
[17], 1.6 [19] and [20], 1.7 [16] and [17], 1.8 [17] and [18], 1.9 [16] and [17] and 1.10 [20] and
[21] amend the University Acts to insert savings and transitional provisions.
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First print
New South Wales
Universities Legislation Amendment
(Regulatory Reforms) Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Acts and by-law 3
b2013-192-19.d14
New South Wales
Universities Legislation Amendment
(Regulatory Reforms) Bill 2014
No , 2014
A Bill for
An Act to amend various Acts establishing universities with respect to government regulation of
the financial management, certain land dealings and governing body election procedures of the
universities; and for other purposes.
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Universities Legislation Amendment (Regulatory Reforms) Act 2014. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
Schedule 1 Amendment of Acts and by-law 1
1.1 Charles Sturt University Act 1989 No 76 2
[1] Section 7 Object and functions of University 3
Insert after section 7 (3) (a): 4
(a1) without limiting paragraph (a), the University may generate revenue for 5
the purpose of funding the promotion of its object and the carrying out 6
of its principal functions, 7
[2] Section 19 Functions of Council 8
Omit section 19 (1) (d). Insert instead: 9
(d) borrow money, 10
[3] Section 21 Powers of Council relating to property 11
Omit section 21 (1) (a). Insert instead: 12
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 13
otherwise) any property for the purposes of this Act and may agree to 14
carry out the conditions of any such acquisition, and 15
[4] Section 21 (2)-(3) 16
Omit section 21 (2) and (3). Insert instead: 17
(2) The Council may, subject to this section, alienate, mortgage, charge or demise 18
any lands of the University. 19
(2A) The Council must not alienate, mortgage, charge or demise any lands acquired 20
by the University from the State at nominal or less than market value except 21
with the approval of the Minister. 22
(3) Despite subsection (2A), the Council may, without the approval of the 23
Minister, lease any such lands if: 24
(a) the term of the lease does not exceed 21 years, and 25
(b) the Council is satisfied that it is to the benefit of the University, whether 26
from a financial or educational standpoint or otherwise, that the lease be 27
entered into. 28
[5] Section 21 (5) 29
Insert "grant," after "gift,". 30
[6] Section 22 Powers of Council over certain property vested in Crown 31
Omit section 22 (4) (a). Insert instead: 32
(a) must not be granted for a term (including any option for the grant of a 33
further term) exceeding 21 years except with the approval of the 34
Minister, and 35
[7] Section 22 (4) (b) 36
Omit "shall" wherever occurring. Insert instead "must". 37
[8] Section 24A Definitions 38
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 39
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Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[9] Section 24B Guidelines for commercial activities 1
Omit section 24B (1) and (2). Insert instead: 2
(1) The Council must by resolution determine, and must maintain, Guidelines 3
requiring specified processes and procedures to be followed in connection 4
with University commercial activities. 5
(2) The Council may by resolution amend or replace the Guidelines from time to 6
time. 7
[10] Section 24B (5) and (6) 8
Omit the subsections. 9
[11] Section 32 Rules 10
Omit "8E, 8F" from section 32 (1). Insert instead "8E (2) (c) (i) and (3) (a), 8F (4)". 11
[12] Section 32 (1) 12
Omit "31 (1) (b) and (k)". Insert instead "31 (1) (k)". 13
[13] Section 32 (1) 14
Insert "(to the extent it relates to appointments)" after "Schedule 1". 15
[14] Section 32 (1A)-(1C) 16
Insert after section 32 (1): 17
(1A) Despite subsection (1), only the Council may be empowered to make rules for 18
or with respect to which by-laws may be made concerning matters referred to 19
in sections 8E (3) (b), 8F (2) (a) and 31 (1) (b) and clause 3 of Schedule 1 (to 20
the extent it relates to elections) (election rules). 21
(1B) Election rules must be consistent with sound and democratic electoral 22
practices, procedures and methods of voting. 23
(1C) The Council must ensure that any election rule it makes is made readily 24
available to the public by whatever means the Council considers appropriate 25
as soon as practicable after it is made. 26
[15] Schedule 2 Investment 27
Omit clause 2. 28
[16] Schedule 2, clause 2A 29
Omit the clause. Insert instead: 30
2A Funds managers 31
(1) The Council may engage a funds manager to act in relation to the management 32
of the funds belonging to or vested in the University. 33
(2) Such a funds manager may on behalf of the Council invest funds of the 34
University in any investment in which the funds manager is authorised to 35
invest its own funds or other funds. 36
[17] Schedule 4 Savings and transitional provisions 37
Omit clause 1 (1). Insert instead: 38
(1) The regulations may contain provisions of a savings or transitional nature 39
consequent on the enactment of this Act or any Act that amends this Act. 40
Page 4
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[18] Schedule 4, Part 8 1
Insert after Part 7: 2
Part 8 Provisions consequent on enactment of 3
Universities Legislation Amendment (Regulatory 4
Reforms) Act 2014 5
48 Definition 6
In this Part: 7
amending Act means the Universities Legislation Amendment (Regulatory 8
Reforms) Act 2014. 9
49 Guidelines for commercial activities 10
The Guidelines approved for the time being under section 24B, as in force 11
immediately before the amendments made to that section by the amending 12
Act, continue to have effect as if they were Guidelines determined by the 13
Council under that section as amended. 14
50 Existing investments 15
An amendment made to this Act by the amending Act does not affect the 16
appointment of a funds manager or the validity of any investment made by or 17
on behalf of the University before the commencement of the amendment. 18
51 Previously acquired land 19
Section 21 (2)-(3), as inserted by the amending Act, extend to land acquired 20
from the State before the insertion of those subsections. 21
1.2 Macquarie University Act 1989 No 126 22
[1] Section 6 Object and functions of University 23
Insert after section 6 (3) (a): 24
(a1) without limiting paragraph (a), the University may generate revenue for 25
the purpose of funding the promotion of its object and the carrying out 26
of its principal functions, 27
[2] Section 16 Functions of Council 28
Omit section 16 (1) (d). Insert instead: 29
(d) borrow money, 30
[3] Section 18 Powers of Council relating to property 31
Omit section 18 (1) (a). Insert instead: 32
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 33
otherwise) any property for the purposes of this Act and may agree to 34
carry out the conditions of any such acquisition, and 35
[4] Section 18 (2)-(3) 36
Omit section 18 (2) and (3). Insert instead: 37
(2) The Council may, subject to this section, alienate, mortgage, charge or demise 38
any lands of the University. 39
Page 5
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
(2A) The Council must not alienate, mortgage, charge or demise any lands acquired 1
by the University from the State at nominal or less than market value except 2
with the approval of the Minister. 3
(3) Despite subsection (2A), the Council may, without the approval of the 4
Minister, lease any such lands if: 5
(a) the term of the lease does not exceed 21 years, and 6
(b) the Council is satisfied that it is to the benefit of the University, whether 7
from a financial or educational standpoint or otherwise, that the lease be 8
entered into. 9
[5] Section 18 (5) 10
Insert "grant," after "gift,". 11
[6] Section 19 Powers of Council over certain property vested in Crown 12
Omit section 19 (4) (a). Insert instead: 13
(a) must not be granted for a term (including any option for the grant of a 14
further term) exceeding 21 years except with the approval of the 15
Minister, and 16
[7] Section 21A Definitions 17
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 18
[8] Section 21B Guidelines for commercial activities 19
Omit section 21B (1) and (2). Insert instead: 20
(1) The Council must by resolution determine, and must maintain, Guidelines 21
requiring specified processes and procedures to be followed in connection 22
with University commercial activities. 23
(2) The Council may by resolution amend or replace the Guidelines from time to 24
time. 25
[9] Section 21B (5) and (6) 26
Omit the subsections. 27
[10] Section 29 Rules 28
Omit "8D, 8E" from section 29 (1). Insert instead "8D (2) (c) (i) and (3) (a), 8E (4)". 29
[11] Section 29 (1) 30
Omit "28 (1) (b) and (k)". Insert instead "28 (1) (k)". 31
[12] Section 29 (1) 32
Insert "(to the extent it relates to appointments)" after "Schedule 1". 33
[13] Section 29 (1A)-(1C) 34
Insert after section 29 (1): 35
(1A) Despite subsection (1), only the Council may be empowered to make rules for 36
or with respect to which by-laws may be made concerning matters referred to 37
in sections 8D (3) (b), 8E (2) (a) and 28 (1) (b) and clause 3 of Schedule 1 (to 38
the extent it relates to elections) (election rules). 39
Page 6
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
(1B) Election rules must be consistent with sound and democratic electoral 1
practices, procedures and methods of voting. 2
(1C) The Council must ensure that any election rule it makes is made readily 3
available to the public by whatever means the Council considers appropriate 4
as soon as practicable after it is made. 5
[14] Schedule 1 Provisions relating to members and procedure of the Council 6
Omit "appointed under section 9 (1) (g)" from clause 2 (j). 7
Insert instead "appointed under section 8E". 8
[15] Schedule 2 Investment 9
Omit clause 2. 10
[16] Schedule 2, clause 2A 11
Omit the clause. Insert instead: 12
2A Funds managers 13
(1) The Council may engage a funds manager to act in relation to the management 14
of the funds belonging to or vested in the University. 15
(2) Such a funds manager may on behalf of the Council invest funds of the 16
University in any investment in which the funds manager is authorised to 17
invest its own funds or other funds. 18
[17] Schedule 3 Savings and transitional provisions 19
Omit clause 1A (1). Insert instead: 20
(1) The regulations may contain provisions of a savings or transitional nature 21
consequent on the enactment of this Act or any Act that amends this Act. 22
[18] Schedule 3, clauses 14-16 23
Insert after clause 13: 24
14 Guidelines for commercial activities 25
The Guidelines approved for the time being under section 21B, as in force 26
immediately before the amendments made to that section by the Universities 27
Legislation Amendment (Regulatory Reforms) Act 2014, continue to have 28
effect as if they were Guidelines determined by the Council under that section 29
as amended. 30
15 Existing investments 31
An amendment made to this Act by the Universities Legislation Amendment 32
(Regulatory Reforms) Act 2014 does not affect the appointment of a funds 33
manager or the validity of any investment made by or on behalf of the 34
University before the commencement of the amendment. 35
16 Previously acquired land 36
Section 18 (2)-(3), as inserted by the Universities Legislation Amendment 37
(Regulatory Reforms) Act 2014, extend to land acquired from the State before 38
the insertion of those subsections. 39
Page 7
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
1.3 Southern Cross University Act 1993 No 69 1
[1] Section 6 Object and functions of University 2
Insert after section 6 (3) (a): 3
(a1) without limiting paragraph (a), the University may generate revenue for 4
the purpose of funding the promotion of its object and the carrying out 5
of its principal functions, 6
[2] Section 16 Functions of Council 7
Omit section 16 (1) (d). Insert instead: 8
(d) borrow money, 9
[3] Section 18 Powers of Council relating to property 10
Omit section 18 (1) (a). Insert instead: 11
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 12
otherwise) any property for the purposes of this Act and may agree to 13
carry out the conditions of any such acquisition, and 14
[4] Section 18 (2)-(3) 15
Omit section 18 (2) and (3). Insert instead: 16
(2) The Council may, subject to this section, alienate, mortgage, charge or demise 17
any lands of the University. 18
(2A) The Council must not alienate, mortgage, charge or demise any lands acquired 19
by the University from the State at nominal or less than market value except 20
with the approval of the Minister. 21
(3) Despite subsection (2A), the Council may, without the approval of the 22
Minister, lease any such lands if: 23
(a) the term of the lease does not exceed 21 years, and 24
(b) the Council is satisfied that it is to the benefit of the University, whether 25
from a financial or educational standpoint or otherwise, that the lease be 26
entered into. 27
[5] Section 18 (5) 28
Insert "grant," after "gift,". 29
[6] Section 19 Powers of Council over certain property vested in Crown 30
Omit section 19 (4) (a). Insert instead: 31
(a) must not be granted for a term (including any option for the grant of a 32
further term) exceeding 21 years except with the approval of the 33
Minister, and 34
[7] Section 21A Definitions 35
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 36
[8] Section 21B Guidelines for commercial activities 37
Omit section 21B (1) and (2). Insert instead: 38
(1) The Council must by resolution determine, and must maintain, Guidelines 39
requiring specified processes and procedures to be followed in connection 40
with University commercial activities. 41
Page 8
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
(2) The Council may by resolution amend or replace the Guidelines from time to 1
time. 2
[9] Section 21B (5) and (6) 3
Omit the subsections. 4
[10] Section 30 Rules 5
Omit "10 (1) (c)-(g) and (8)" from section 30 (1). 6
Insert instead "10 (1) (c), (d) (ii), (e) (ii), (f) (ii), (g) (ii) and (8)". 7
[11] Section 30 (1) 8
Omit "29 (1) (b) and (k)". Insert instead "29 (1) (k)". 9
[12] Section 30 (1) 10
Omit "clauses 1 (1) (c) and (d) and 3 of Schedule 1". 11
Insert instead "clause 1 (1) (c) and (d) of Schedule 1 and clause 3 of that Schedule (to the 12
extent it relates to appointments)". 13
[13] Section 30 (1A)-(1C) 14
Insert after section 30 (1): 15
(1A) Despite subsection (1), only the Council may be empowered to make rules for 16
or with respect to which by-laws may be made concerning matters referred to 17
in sections 10 (1) (d) (iii), (e) (iii), (f) (iii) and (g) (iii) and 29 (1) (b) and 18
clause 3 of Schedule 1 (to the extent it relates to elections) (election rules). 19
(1B) Election rules must be consistent with sound and democratic electoral 20
practices, procedures and methods of voting. 21
(1C) The Council must ensure that any election rule it makes is made readily 22
available to the public by whatever means the Council considers appropriate 23
as soon as practicable after it is made. 24
[14] Schedule 2 Investment 25
Omit clause 2. 26
[15] Schedule 2, clause 2A 27
Omit the clause. Insert instead: 28
2A Funds managers 29
(1) The Council may engage a funds manager to act in relation to the management 30
of the funds belonging to or vested in the University. 31
(2) Such a funds manager may on behalf of the Council invest funds of the 32
University in any investment in which the funds manager is authorised to 33
invest its own funds or other funds. 34
[16] Schedule 3 Savings and transitional provisions 35
Omit clause 2 (1). Insert instead: 36
(1) The regulations may contain provisions of a savings or transitional nature 37
consequent on the enactment of this Act or any Act that amends this Act. 38
Page 9
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[17] Schedule 3, Part 9 1
Insert after Part 8: 2
Part 9 Provisions consequent on enactment of 3
Universities Legislation Amendment (Regulatory 4
Reforms) Act 2014 5
39 Definition 6
In this Part: 7
amending Act means the Universities Legislation Amendment (Regulatory 8
Reforms) Act 2014. 9
40 Guidelines for commercial activities 10
The Guidelines approved for the time being under section 21B, as in force 11
immediately before the amendments made to that section by the amending 12
Act, continue to have effect as if they were Guidelines determined by the 13
Council under that section as amended. 14
41 Existing investments 15
An amendment made to this Act by the amending Act does not affect the 16
appointment of a funds manager or the validity of any investment made by or 17
on behalf of the University before the commencement of the amendment. 18
42 Previously acquired land 19
Section 18 (2)-(3), as inserted by the amending Act, extend to land acquired 20
from the State before the insertion of those subsections. 21
1.4 University of New England Act 1993 No 68 22
[1] Section 6 Object and functions of University 23
Insert after section 6 (3) (a): 24
(a1) without limiting paragraph (a), the University may generate revenue for 25
the purpose of funding the promotion of its object and the carrying out 26
of its principal functions, 27
[2] Section 16 Functions of Council 28
Omit section 16 (1) (d). Insert instead: 29
(d) borrow money, 30
[3] Section 18 Powers of Council relating to property 31
Omit section 18 (1) (a). Insert instead: 32
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 33
otherwise) any property for the purposes of this Act and may agree to 34
carry out the conditions of any such acquisition, and 35
[4] Section 18 (2)-(3) 36
Omit section 18 (2) and (3). Insert instead: 37
(2) The Council may, subject to this section, alienate, mortgage, charge or demise 38
any lands of the University. 39
Page 10
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
(2A) The Council must not alienate, mortgage, charge or demise any lands acquired 1
by the University from the State at nominal or less than market value except 2
with the approval of the Minister. 3
(3) Despite subsection (2A), the Council may, without the approval of the 4
Minister, lease any such lands if: 5
(a) the term of the lease does not exceed 21 years, and 6
(b) the Council is satisfied that it is to the benefit of the University, whether 7
from a financial or educational standpoint or otherwise, that the lease be 8
entered into. 9
[5] Section 18 (5) 10
Insert "grant," after "gift,". 11
[6] Section 19 Powers of Council over certain property vested in Crown 12
Omit section 19 (4) (a). Insert instead: 13
(a) must not be granted for a term (including any option for the grant of a 14
further term) exceeding 21 years except with the approval of the 15
Minister, and 16
[7] Section 21A Definitions 17
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 18
[8] Section 21B Guidelines for commercial activities 19
Omit section 21B (1) and (2). Insert instead: 20
(1) The Council must by resolution determine, and must maintain, Guidelines 21
requiring specified processes and procedures to be followed in connection 22
with University commercial activities. 23
(2) The Council may by resolution amend or replace the Guidelines from time to 24
time. 25
[9] Section 21B (5) and (6) 26
Omit the subsections. 27
[10] Section 29 Rules 28
Omit "9 (1) (c)-(h) and (8)" from section 29 (1). 29
Insert instead "9 (1) (c), (d) (ii), (e) (ii), (f) (ii), (g) (ii) and (h) (ii) and (8)". 30
[11] Section 29 (1) 31
Omit "28 (1) (b) and (k)". Insert instead "28 (1) (k)". 32
[12] Section 29 (1) 33
Omit "clauses 1 (1) (c) and (d) and 3 of Schedule 1". 34
Insert instead "clause 1 (1) (c) and (d) of Schedule 1 and clause 3 of that Schedule (to the 35
extent it relates to appointments)". 36
[13] Section 29 (1A)-(1C) 37
Insert after section 29 (1): 38
(1A) Despite subsection (1), only the Council may be empowered to make rules for 39
or with respect to which by-laws may be made concerning matters referred to 40
Page 11
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
in sections 9 (1) (d) (iii), (e) (iii), (f) (iii), (g) (iii) and (h) (iii) and 28 (1) (b) 1
and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules). 2
(1B) Election rules must be consistent with sound and democratic electoral 3
practices, procedures and methods of voting. 4
(1C) The Council must ensure that any election rule it makes is made readily 5
available to the public by whatever means the Council considers appropriate 6
as soon as practicable after it is made. 7
[14] Schedule 2 Investment 8
Omit clause 2. 9
[15] Schedule 2, clause 2A 10
Omit the clause. Insert instead: 11
2A Funds managers 12
(1) The Council may engage a funds manager to act in relation to the management 13
of the funds belonging to or vested in the University. 14
(2) Such a funds manager may on behalf of the Council invest funds of the 15
University in any investment in which the funds manager is authorised to 16
invest its own funds or other funds. 17
[16] Schedule 3 Savings and transitional provisions 18
Omit clause 2 (1). Insert instead: 19
(1) The regulations may contain provisions of a savings or transitional nature 20
consequent on the enactment of this Act or any Act that amends this Act. 21
[17] Schedule 3, Part 9 22
Insert after Part 8: 23
Part 9 Provisions consequent on enactment of 24
Universities Legislation Amendment (Regulatory 25
Reforms) Act 2014 26
43 Definition 27
In this Part: 28
amending Act means the Universities Legislation Amendment (Regulatory 29
Reforms) Act 2014. 30
44 Guidelines for commercial activities 31
The Guidelines approved for the time being under section 21B, as in force 32
immediately before the amendments made to that section by the amending 33
Act, continue to have effect as if they were Guidelines determined by the 34
Council under that section as amended. 35
45 Existing investments 36
An amendment made to this Act by the amending Act does not affect the 37
appointment of a funds manager or the validity of any investment made by or 38
on behalf of the University before the commencement of the amendment. 39
Page 12
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
46 Previously acquired land 1
Section 18 (2)-(3), as inserted by the amending Act, extend to land acquired 2
from the State before the insertion of those subsections. 3
1.5 University of New South Wales Act 1989 No 125 4
[1] Section 6 Object and functions of University 5
Insert after section 6 (3) (a): 6
(a1) without limiting paragraph (a), the University may generate revenue for 7
the purpose of funding the promotion of its object and the carrying out 8
of its principal functions, 9
[2] Section 15 Functions of Council 10
Omit section 15 (1) (d). Insert instead: 11
(d) borrow money, 12
[3] Section 17 Powers of Council relating to property 13
Omit section 17 (1) (a). Insert instead: 14
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 15
otherwise) any property for the purposes of this Act and may agree to 16
carry out the conditions of any such acquisition, and 17
[4] Section 17 (2)-(3) 18
Omit section 17 (2) and (3). Insert instead: 19
(2) The Council may, subject to this section, alienate, mortgage, charge or demise 20
any lands of the University. 21
(2A) The Council must not alienate, mortgage, charge or demise any lands acquired 22
by the University from the State at nominal or less than market value except 23
with the approval of the Minister. 24
(3) Despite subsection (2A), the Council may, without the approval of the 25
Minister, lease any such lands if: 26
(a) the term of the lease does not exceed 21 years, and 27
(b) the Council is satisfied that it is to the benefit of the University, whether 28
from a financial or educational standpoint or otherwise, that the lease be 29
entered into. 30
[5] Section 17 (5) 31
Insert "grant," after "gift,". 32
[6] Section 18 Powers of Council over certain property vested in Crown 33
Omit section 18 (4) (a). Insert instead: 34
(a) must not be granted for a term (including any option for the grant of a 35
further term) exceeding 21 years except with the approval of the 36
Minister, and 37
[7] Section 20A Definitions 38
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 39
Page 13
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[8] Section 20B Guidelines for commercial activities 1
Omit section 20B (1) and (2). Insert instead: 2
(1) The Council must by resolution determine, and must maintain, Guidelines 3
requiring specified processes and procedures to be followed in connection 4
with University commercial activities. 5
(2) The Council may by resolution amend or replace the Guidelines from time to 6
time. 7
[9] Section 20B (5) and (6) 8
Omit the subsections. 9
[10] Section 28 Rules 10
Omit "8D, 8E" from section 28 (1). Insert instead "8D (2) (c) (i) and (3) (a), 8E (4)". 11
[11] Section 28 (1) 12
Omit "27 (1) (b) and (k)". Insert instead "27 (1) (k)". 13
[12] Section 28 (1) 14
Insert "(to the extent it relates to appointments)" after "Schedule 1". 15
[13] Section 28 (1A)-(1C) 16
Insert after section 28 (1): 17
(1A) Despite subsection (1), only the Council may be empowered to make rules for 18
or with respect to which by-laws may be made concerning matters referred to 19
in sections 8D (3) (b), 8E (2) (a) and 27 (1) (b) and clause 3 of Schedule 1 (to 20
the extent it relates to elections) (election rules). 21
(1B) Election rules must be consistent with sound and democratic electoral 22
practices, procedures and methods of voting. 23
(1C) The Council must ensure that any election rule it makes is made readily 24
available to the public by whatever means the Council considers appropriate 25
as soon as practicable after it is made. 26
[14] Schedule 2 Investment 27
Omit clause 2. 28
[15] Schedule 2, clause 2A 29
Omit the clause. Insert instead: 30
2A Funds managers 31
(1) The Council may engage a funds manager to act in relation to the management 32
of the funds belonging to or vested in the University. 33
(2) Such a funds manager may on behalf of the Council invest funds of the 34
University in any investment in which the funds manager is authorised to 35
invest its own funds or other funds. 36
[16] Schedule 3 Savings and transitional provisions 37
Omit clause 1A (1). Insert instead: 38
(1) The regulations may contain provisions of a savings or transitional nature 39
consequent on the enactment of this Act or any Act that amends this Act. 40
Page 14
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[17] Schedule 3, clauses 14-16 1
Insert after clause 13: 2
14 Guidelines for commercial activities 3
The Guidelines approved for the time being under section 20B, as in force 4
immediately before the amendments made to that section by the Universities 5
Legislation Amendment (Regulatory Reforms) Act 2014, continue to have 6
effect as if they were Guidelines determined by the Council under that section 7
as amended. 8
15 Existing investments 9
An amendment made to this Act by the Universities Legislation Amendment 10
(Regulatory Reforms) Act 2014 does not affect the appointment of a funds 11
manager or the validity of any investment made by or on behalf of the 12
University before the commencement of the amendment. 13
16 Previously acquired land 14
Section 17 (2)-(3), as inserted by the Universities Legislation Amendment 15
(Regulatory Reforms) Act 2014, extend to land acquired from the State before 16
the insertion of those subsections. 17
1.6 University of Newcastle Act 1989 No 68 18
[1] Section 6 Object and functions of University 19
Insert after section 6 (3) (a): 20
(a1) without limiting paragraph (a), the University may generate revenue for 21
the purpose of funding the promotion of its object and the carrying out 22
of its principal functions, 23
[2] Section 15 Academic Senate 24
Insert after section 15 (1) (a): 25
(a1) the person for the time being holding the office of President of the 26
Academic Senate (if the person is not the Vice-Chancellor), and 27
[3] Section 16 Functions of Council 28
Omit section 16 (1) (d). Insert instead: 29
(d) borrow money, 30
[4] Section 17 Delegation by Council 31
Insert at the end of the section: 32
(2) If a function of the Council is delegated to the Vice-Chancellor in accordance 33
with subsection (1) and the instrument of delegation authorises the 34
sub-delegation of the function, the Vice-Chancellor may (subject to any 35
condition to which the delegation is subject) sub-delegate the function to any 36
person or body referred to in subsection (1). 37
[5] Section 18 Powers of Council relating to property 38
Omit section 18 (1) (a). Insert instead: 39
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 40
otherwise) any property for the purposes of this Act and may agree to 41
carry out the conditions of any such acquisition, and 42
Page 15
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[6] Section 18 (2)-(3) 1
Omit section 18 (2) and (3). Insert instead: 2
(2) The Council may, subject to this section, alienate, mortgage, charge or demise 3
any lands of the University. 4
(2A) The Council must not alienate, mortgage, charge or demise any lands acquired 5
by the University from the State at nominal or less than market value except 6
with the approval of the Minister. 7
(3) Despite subsection (2A), the Council may, without the approval of the 8
Minister, lease any such lands if: 9
(a) the term of the lease does not exceed 21 years, and 10
(b) the Council is satisfied that it is to the benefit of the University, whether 11
from a financial or educational standpoint or otherwise, that the lease be 12
entered into. 13
[7] Section 18 (5) 14
Insert "grant," after "gift,". 15
[8] Section 19 Powers of Council over certain property vested in Crown 16
Omit section 19 (4) (a). Insert instead: 17
(a) must not be granted for a term (including any option for the grant of a 18
further term) exceeding 21 years except with the approval of the 19
Minister, and 20
[9] Section 19 (4) (b) 21
Omit "shall" wherever occurring. Insert instead "must". 22
[10] Section 21A Definitions 23
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 24
[11] Section 21B Guidelines for commercial activities 25
Omit section 21B (1) and (2). Insert instead: 26
(1) The Council must by resolution determine, and must maintain, Guidelines 27
requiring specified processes and procedures to be followed in connection 28
with University commercial activities. 29
(2) The Council may by resolution amend or replace the Guidelines from time to 30
time. 31
[12] Section 21B (5) and (6) 32
Omit the subsections. 33
[13] Section 29 Rules 34
Omit "8D, 8E" from section 29 (1). Insert instead "8D (2) (c) (i) and (3) (a), 8E (4)". 35
[14] Section 29 (1) 36
Omit "28 (1) (b) and (k)". Insert instead "28 (1) (k)". 37
[15] Section 29 (1) 38
Insert "(to the extent it relates to appointments)" after "Schedule 1". 39
Page 16
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[16] Section 29 (1A)-(1C) 1
Insert after section 29 (1): 2
(1A) Despite subsection (1), only the Council may be empowered to make rules for 3
or with respect to which by-laws may be made concerning matters referred to 4
in sections 8D (3) (b), 8E (2) (a) and 28 (1) (b) and clause 3 of Schedule 1 (to 5
the extent it relates to elections) (election rules). 6
(1B) Election rules must be consistent with sound and democratic electoral 7
practices, procedures and methods of voting. 8
(1C) The Council must ensure that any election rule it makes is made readily 9
available to the public by whatever means the Council considers appropriate 10
as soon as practicable after it is made. 11
[17] Schedule 2 Investment 12
Omit clause 2. 13
[18] Schedule 2, clause 2A 14
Omit the clause. Insert instead: 15
2A Funds managers 16
(1) The Council may engage a funds manager to act in relation to the management 17
of the funds belonging to or vested in the University. 18
(2) Such a funds manager may on behalf of the Council invest funds of the 19
University in any investment in which the funds manager is authorised to 20
invest its own funds or other funds. 21
[19] Schedule 3 Savings and transitional provisions 22
Omit clause 1A (1). Insert instead: 23
(1) The regulations may contain provisions of a savings or transitional nature 24
consequent on the enactment of this Act or any Act that amends this Act. 25
[20] Schedule 3, Part 6 26
Insert after Part 5: 27
Part 6 Provisions consequent on enactment of 28
Universities Legislation Amendment (Regulatory 29
Reforms) Act 2014 30
22 Definition 31
In this Part: 32
amending Act means the Universities Legislation Amendment (Regulatory 33
Reforms) Act 2014. 34
23 Academic Senate 35
The amendment made to section 15 by the amending Act does not affect the 36
continuity or legal status of the Academic Senate. 37
24 Guidelines for commercial activities 38
The Guidelines approved for the time being under section 21B, as in force 39
immediately before the amendments made to that section by the amending 40
Page 17
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
Act, continue to have effect as if they were Guidelines determined by the 1
Council under that section as amended. 2
25 Existing investments 3
An amendment made to this Act by the amending Act does not affect the 4
appointment of a funds manager or the validity of any investment made by or 5
on behalf of the University before the commencement of the amendment. 6
26 Previously acquired land 7
Section 18 (2)-(3), as inserted by the amending Act, extend to land acquired 8
from the State before the insertion of those subsections. 9
1.7 University of Sydney Act 1989 No 124 10
[1] Section 6 Object and functions of University 11
Insert after section 6 (3) (a): 12
(a1) without limiting paragraph (a), the University may generate revenue for 13
the purpose of funding the promotion of its object and the carrying out 14
of its principal functions, 15
[2] Section 16 Functions of Senate 16
Omit section 16 (1) (d). Insert instead: 17
(d) borrow money, 18
[3] Section 18 Powers of Senate relating to property 19
Omit section 18 (1) (a). Insert instead: 20
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 21
otherwise) any property for the purposes of this Act and may agree to 22
carry out the conditions of any such acquisition, and 23
[4] Section 18 (2)-(3) 24
Omit section 18 (2) and (3). Insert instead: 25
(2) The Senate may, subject to this section, alienate, mortgage, charge or demise 26
any lands of the University. 27
(2A) The Senate must not alienate, mortgage, charge or demise any lands acquired 28
by the University from the State at nominal or less than market value except 29
with the approval of the Minister. 30
(3) Despite subsection (2A), the Senate may, without the approval of the Minister, 31
lease any such lands if: 32
(a) the term of the lease does not exceed 21 years, and 33
(b) the Senate is satisfied that it is to the benefit of the University, whether 34
from a financial or educational standpoint or otherwise, that the lease be 35
entered into. 36
[5] Section 18 (5) 37
Insert "grant," after "gift,". 38
Page 18
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[6] Section 19 Powers of Senate over certain property vested in Crown 1
Omit section 19 (4) (a). Insert instead: 2
(a) must not be granted for a term (including any option for the grant of a 3
further term) exceeding 21 years except with the approval of the 4
Minister, and 5
[7] Section 26A Definitions 6
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 7
[8] Section 26B Guidelines for commercial activities 8
Omit section 26B (1) and (2). Insert instead: 9
(1) The Senate must by resolution determine, and must maintain, Guidelines 10
requiring specified processes and procedures to be followed in connection 11
with University commercial activities. 12
(2) The Senate may by resolution amend or replace the Guidelines from time to 13
time. 14
[9] Section 26B (5) and (6) 15
Omit the subsections. 16
[10] Section 37 Rules 17
Omit "9 (1) (d)-(h), (6) and (8)" from section 37 (1). 18
Insert instead "9 (1) (d) (ii), (e) (ii), (f) (ii), (g) (ii) and (h) (ii), (6) and (8)". 19
[11] Section 37 (1) 20
Omit "36 (1) (b) and (k)". Insert instead "36 (1) (k)". 21
[12] Section 37 (1) 22
Omit "clauses 1 (1) (c) and (d) and 3 of Schedule 1". 23
Insert instead "clause 1 (1) (c) and (d) of Schedule 1 and clause 3 of that Schedule (to the 24
extent it relates to appointments)". 25
[13] Section 37 (1A)-(1C) 26
Insert after section 37 (1): 27
(1A) Despite subsection (1), only the Senate may be empowered to make rules for 28
or with respect to which by-laws may be made concerning matters referred to 29
in sections 9 (1) (d) (iii), (e) (iii), (f) (iii), (g) (iii) and (h) (iii) and 36 (1) (b) 30
and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules). 31
(1B) Election rules must be consistent with sound and democratic electoral 32
practices, procedures and methods of voting. 33
(1C) The Senate must ensure that any election rule it makes is made readily 34
available to the public by whatever means the Senate considers appropriate as 35
soon as practicable after it is made. 36
[14] Schedule 2 Investment 37
Omit clause 2. 38
Page 19
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[15] Schedule 2, clause 2A 1
Omit the clause. Insert instead: 2
2A Funds managers 3
(1) The Senate may engage a funds manager to act in relation to the management 4
of the funds belonging to or vested in the University. 5
(2) Such a funds manager may on behalf of the Senate invest funds of the 6
University in any investment in which the funds manager is authorised to 7
invest its own funds or other funds. 8
[16] Schedule 3 Savings and transitional provisions 9
Omit clause 1A (1). Insert instead: 10
(1) The regulations may contain provisions of a savings or transitional nature 11
consequent on the enactment of this Act or any Act that amends this Act. 12
[17] Schedule 3, clauses 15-17 13
Insert after clause 14: 14
15 Guidelines for commercial activities 15
The Guidelines approved for the time being under section 26B, as in force 16
immediately before the amendments made to that section by the Universities 17
Legislation Amendment (Regulatory Reforms) Act 2014, continue to have 18
effect as if they were Guidelines determined by the Senate under that section 19
as amended. 20
16 Existing investments 21
An amendment made to this Act by the Universities Legislation Amendment 22
(Regulatory Reforms) Act 2014 does not affect the appointment of a funds 23
manager or the validity of any investment made by or on behalf of the 24
University before the commencement of the amendment. 25
17 Previously acquired land 26
Section 18 (2)-(3), as inserted by the Universities Legislation Amendment 27
(Regulatory Reforms) Act 2014, extend to land acquired from the State before 28
the insertion of those subsections. 29
1.8 University of Technology, Sydney, Act 1989 No 69 30
[1] Section 6 Object and functions of University 31
Insert after section 6 (3) (a): 32
(a1) without limiting paragraph (a), the University may generate revenue for 33
the purpose of funding the promotion of its object and the carrying out 34
of its principal functions, 35
[2] Section 16 Functions of Council 36
Omit section 16 (1) (d). Insert instead: 37
(d) borrow money, 38
Page 20
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[3] Section 18 Powers of Council relating to property 1
Omit section 18 (1) (a). Insert instead: 2
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 3
otherwise) any property for the purposes of this Act and may agree to 4
carry out the conditions of any such acquisition, and 5
[4] Section 18 (2)-(3) 6
Omit section 18 (2) and (3). Insert instead: 7
(2) The Council may, subject to this section, alienate, mortgage, charge or demise 8
any lands of the University. 9
(2A) The Council must not alienate, mortgage, charge or demise any lands acquired 10
by the University from the State at nominal or less than market value except 11
with the approval of the Minister. 12
(3) Despite subsection (2A), the Council may, without the approval of the 13
Minister, lease any such lands if: 14
(a) the term of the lease does not exceed 21 years, and 15
(b) the Council is satisfied that it is to the benefit of the University, whether 16
from a financial or educational standpoint or otherwise, that the lease be 17
entered into. 18
[5] Section 18 (5) 19
Insert "grant," after "gift,". 20
[6] Section 19 Powers of Council over certain property vested in Crown 21
Omit section 19 (4) (a). Insert instead: 22
(a) must not be granted for a term (including any option for the grant of a 23
further term) exceeding 21 years except with the approval of the 24
Minister, and 25
[7] Section 19 (4) (b) 26
Omit "shall" wherever occurring. Insert instead "must". 27
[8] Section 21A Definitions 28
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 29
[9] Section 21B Guidelines for commercial activities 30
Omit section 21B (1) and (2). Insert instead: 31
(1) The Council must by resolution determine, and must maintain, Guidelines 32
requiring specified processes and procedures to be followed in connection 33
with University commercial activities. 34
(2) The Council may by resolution amend or replace the Guidelines from time to 35
time. 36
[10] Section 21B (5) and (6) 37
Omit the subsections. 38
[11] Section 29 Rules 39
Omit "8D, 8E" from section 29 (1). Insert instead "8D (2) (c) (i) and (3) (a), 8E (4)". 40
Page 21
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[12] Section 29 (1) 1
Omit "28 (1) (b) and (k) and clauses 1 (1) (c) and (d) and". 2
Insert instead "28 (1) (k) and clause". 3
[13] Section 29 (1) 4
Insert "(to the extent it relates to appointments)" after "Schedule 1". 5
[14] Section 29 (1A)-(1C) 6
Insert after section 29 (1): 7
(1A) Despite subsection (1), only the Council may be empowered to make rules for 8
or with respect to which by-laws may be made concerning matters referred to 9
in sections 8D (3) (b), 8E (2) (a) and 28 (1) (b) and clause 3 of Schedule 1 (to 10
the extent it relates to elections) (election rules). 11
(1B) Election rules must be consistent with sound and democratic electoral 12
practices, procedures and methods of voting. 13
(1C) The Council must ensure that any election rule it makes is made readily 14
available to the public by whatever means the Council considers appropriate 15
as soon as practicable after it is made. 16
[15] Schedule 2 Investment 17
Omit clause 2. 18
[16] Schedule 2, clause 2A 19
Omit the clause. Insert instead: 20
2A Funds managers 21
(1) The Council may engage a funds manager to act in relation to the management 22
of the funds belonging to or vested in the University. 23
(2) Such a funds manager may on behalf of the Council invest funds of the 24
University in any investment in which the funds manager is authorised to 25
invest its own funds or other funds. 26
[17] Schedule 3 Savings and transitional provisions 27
Omit clause 1A (1). Insert instead: 28
(1) The regulations may contain provisions of a savings or transitional nature 29
consequent on the enactment of this Act or any Act that amends this Act. 30
[18] Schedule 3, Part 6 31
Insert after Part 5: 32
Part 6 Provisions consequent on enactment of 33
Universities Legislation Amendment (Regulatory 34
Reforms) Act 2014 35
22 Definition 36
In this Part: 37
amending Act means the Universities Legislation Amendment (Regulatory 38
Reforms) Act 2014. 39
Page 22
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
23 Guidelines for commercial activities 1
The Guidelines approved for the time being under section 21B, as in force 2
immediately before the amendments made to that section by the amending 3
Act, continue to have effect as if they were Guidelines determined by the 4
Council under that section as amended. 5
24 Existing investments 6
An amendment made to this Act by the amending Act does not affect the 7
appointment of a funds manager or the validity of any investment made by or 8
on behalf of the University before the commencement of the amendment. 9
25 Previously acquired land 10
Section 18 (2)-(3), as inserted by the amending Act, extend to land acquired 11
from the State before the insertion of those subsections. 12
1.9 University of Western Sydney Act 1997 No 116 13
[1] Section 8 Object and functions of University 14
Insert after section 8 (3) (a): 15
(a1) without limiting paragraph (a), the University may generate revenue for 16
the purpose of funding the promotion of its object and the carrying out 17
of its principal functions, 18
[2] Section 22 Functions of Board 19
Omit section 22 (1) (e). Insert instead: 20
(e) borrow money, 21
[3] Section 24 Powers of Board relating to property 22
Omit section 24 (1) (a). Insert instead: 23
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 24
otherwise) any property for the purposes of this Act and may agree to 25
carry out the conditions of any such acquisition, and 26
[4] Section 24 (2)-(3) 27
Omit section 24 (2) and (3). Insert instead: 28
(2) The Board may, subject to this section, alienate, mortgage, charge or demise 29
any lands of the University. 30
(2A) The Board must not alienate, mortgage, charge or demise any lands acquired 31
by the University from the State at nominal or less than market value except 32
with the approval of the Minister. 33
(3) Despite subsection (2A), the Board may, without the approval of the Minister, 34
lease any such lands if: 35
(a) the term of the lease does not exceed 21 years, and 36
(b) the Board is satisfied that it is to the benefit of the University, whether 37
from a financial or educational standpoint or otherwise, that the lease be 38
entered into. 39
[5] Section 24 (5) 40
Insert "grant," after "gift,". 41
Page 23
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[6] Section 26 Powers of Board over certain property vested in Crown 1
Omit section 26 (4) (a). Insert instead: 2
(a) must not be granted for a term (including any option for the grant of a 3
further term) exceeding 21 years except with the approval of the 4
Minister, and 5
[7] Section 32A Definitions 6
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 7
[8] Section 32B Guidelines for commercial activities 8
Omit section 32B (1) and (2). Insert instead: 9
(1) The Board must by resolution determine, and must maintain, Guidelines 10
requiring specified processes and procedures to be followed in connection 11
with University commercial activities. 12
(2) The Board may by resolution amend or replace the Guidelines from time to 13
time. 14
[9] Section 32B (5) and (6) 15
Omit the subsections. 16
[10] Section 41 Rules 17
Omit "12 (1) (c)-(h) and (8)" from section 41 (1). 18
Insert instead "12 (1) (c), (d) (ii), (e) (ii), (f) (ii), (g) (ii) and (h) (ii) and (8)". 19
[11] Section 41 (1) 20
Omit "40 (1) (b)". Insert instead "40 (1) (ja)". 21
[12] Section 41 (1) 22
Omit "clauses 1 (1) (c) and (d) and 3 of Schedule 1". 23
Insert instead "clause 1 (1) (c) and (d) of Schedule 1 and clause 3 of that Schedule (to the 24
extent it relates to appointments)". 25
[13] Section 41 (1A)-(1C) 26
Insert after section 41 (1): 27
(1A) Despite subsection (1), only the Board may be empowered to make rules for 28
or with respect to which by-laws may be made concerning matters referred to 29
in sections 12 (1) (d) (iii), (e) (iii), (f) (iii), (g) (iii) and (h) (iii) and 40 (1) (b) 30
and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules). 31
(1B) Election rules must be consistent with sound and democratic electoral 32
practices, procedures and methods of voting. 33
(1C) The Board must ensure that any election rule it makes is made readily 34
available to the public by whatever means the Board considers appropriate as 35
soon as practicable after it is made. 36
[14] Schedule 2 Investment 37
Omit clause 2. 38
Page 24
Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[15] Schedule 2, clause 2A 1
Omit the clause. Insert instead: 2
2A Funds managers 3
(1) The Board may engage a funds manager to act in relation to the management 4
of the funds belonging to or vested in the University. 5
(2) Such a funds manager may on behalf of the Board invest funds of the 6
University in any investment in which the funds manager is authorised to 7
invest its own funds or other funds. 8
[16] Schedule 4 Savings, transitional and other provisions 9
Omit clause 1 (1). Insert instead: 10
(1) The regulations may contain provisions of a savings or transitional nature 11
consequent on the enactment of this Act or any Act that amends this Act. 12
[17] Schedule 4, Part 6 13
Insert after Part 5: 14
Part 6 Provisions consequent on enactment of 15
Universities Legislation Amendment (Regulatory 16
Reforms) Act 2014 17
32 Definition 18
In this Part: 19
amending Act means the Universities Legislation Amendment (Regulatory 20
Reforms) Act 2014. 21
33 Guidelines for commercial activities 22
The Guidelines approved for the time being under section 32B, as in force 23
immediately before the amendments made to that section by the amending 24
Act, continue to have effect as if they were Guidelines determined by the 25
Board under that section as amended. 26
34 Existing investments 27
An amendment made to this Act by the amending Act does not affect the 28
appointment of a funds manager or the validity of any investment made by or 29
on behalf of the University before the commencement of the amendment. 30
35 Previously acquired land 31
Section 24 (2)-(3), as inserted by the amending Act, extend to land acquired 32
from the State before the insertion of those subsections. 33
1.10 University of Wollongong Act 1989 No 127 34
[1] Section 4 Establishment of University 35
Omit section 4 (b). 36
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Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[2] Section 6 Object and functions of University 1
Insert after section 6 (3) (a): 2
(a1) without limiting paragraph (a), the University may generate revenue for 3
the purpose of funding the promotion of its object and the carrying out 4
of its principal functions, 5
[3] Section 14 Convocation 6
Omit the section. 7
[4] Section 16 Functions of Council 8
Omit section 16 (1) (d). Insert instead: 9
(d) borrow money, 10
[5] Section 17 Delegation by Council 11
Insert at the end of the section: 12
(2) If a function of the Council is delegated to the Vice-Chancellor in accordance 13
with subsection (1) and the instrument of delegation authorises the 14
sub-delegation of the function, the Vice-Chancellor may (subject to any 15
condition to which the delegation is subject) sub-delegate the function to any 16
person or body referred to in subsection (1). 17
[6] Section 18 Powers of Council relating to property 18
Omit section 18 (1) (a). Insert instead: 19
(a) may acquire (whether by purchase, gift, grant, bequest, devise or 20
otherwise) any property for the purposes of this Act and may agree to 21
carry out the conditions of any such acquisition, and 22
[7] Section 18 (2)-(3) 23
Omit section 18 (2) and (3). Insert instead: 24
(2) The Council may, subject to this section, alienate, mortgage, charge or demise 25
any lands of the University. 26
(2A) The Council must not alienate, mortgage, charge or demise any lands acquired 27
by the University from the State at nominal or less than market value except 28
with the approval of the Minister. 29
(3) Despite subsection (2A), the Council may, without the approval of the 30
Minister, lease any such lands if: 31
(a) the term of the lease does not exceed 21 years, and 32
(b) the Council is satisfied that it is to the benefit of the University, whether 33
from a financial or educational standpoint or otherwise, that the lease be 34
entered into. 35
[8] Section 18 (5) 36
Insert "grant," after "gift,". 37
[9] Section 19 Powers of Council over certain property vested in Crown 38
Omit section 19 (4) (a). Insert instead: 39
(a) must not be granted for a term (including any option for the grant of a 40
further term) exceeding 21 years except with the approval of the 41
Minister, and 42
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Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
[10] Section 21A Definitions 1
Omit "approved" from the definition of the Guidelines. Insert instead "determined". 2
[11] Section 21B Guidelines for commercial activities 3
Omit section 21B (1) and (2). Insert instead: 4
(1) The Council must by resolution determine, and must maintain, Guidelines 5
requiring specified processes and procedures to be followed in connection 6
with University commercial activities. 7
(2) The Council may by resolution amend or replace the Guidelines from time to 8
time. 9
[12] Section 21B (5) and (6) 10
Omit the subsections. 11
[13] Section 25 Exemption from membership of body corporate 12
Omit "or of Convocation, or both". 13
[14] Section 29 Rules 14
Omit "8D, 8E" from section 29 (1). Insert instead "8D (2) (c) (i) and (3) (a), 8E (4)". 15
[15] Section 29 (1) 16
Omit "14 (1), 16 (1) (d) and (e), 23 and 28 (1) (b) and (k)". 17
Insert instead "16 (1) (d) and (e), 23 and 28 (1) (k)". 18
[16] Section 29 (1) 19
Insert "(to the extent it relates to appointments)" after "Schedule 1". 20
[17] Section 29 (1A)-(1C) 21
Insert after section 29 (1): 22
(1A) Despite subsection (1), only the Council may be empowered to make rules for 23
or with respect to which by-laws may be made concerning matters referred to 24
in sections 8D (3) (b), 8E (2) (a) and 28 (1) (b) and clause 3 of Schedule 1 (to 25
the extent it relates to elections) (election rules). 26
(1B) Election rules must be consistent with sound and democratic electoral 27
practices, procedures and methods of voting. 28
(1C) The Council must ensure that any election rule it makes is made readily 29
available to the public by whatever means the Council considers appropriate 30
as soon as practicable after it is made. 31
[18] Schedule 2 Investment 32
Omit clause 2. 33
[19] Schedule 2, clause 2A 34
Omit the clause. Insert instead: 35
2A Funds managers 36
(1) The Council may engage a funds manager to act in relation to the management 37
of the funds belonging to or vested in the University. 38
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Universities Legislation Amendment (Regulatory Reforms) Bill 2014 [NSW]
Schedule 1 Amendment of Acts and by-law
(2) Such a funds manager may on behalf of the Council invest funds of the 1
University in any investment in which the funds manager is authorised to 2
invest its own funds or other funds. 3
[20] Schedule 3 Savings and transitional provisions 4
Omit clause 1A (1). Insert instead: 5
(1) The regulations may contain provisions of a savings or transitional nature 6
consequent on the enactment of this Act or any Act that amends this Act. 7
[21] Schedule 3, clauses 15-18 8
Insert after clause 14: 9
15 Guidelines for commercial activities 10
The Guidelines approved for the time being under section 21B, as in force 11
immediately before the amendments made to that section by the Universities 12
Legislation Amendment (Regulatory Reforms) Act 2014, continue to have 13
effect as if they were Guidelines determined by the Council under that section 14
as amended. 15
16 Existing investments 16
An amendment made to this Act by the Universities Legislation Amendment 17
(Regulatory Reforms) Act 2014 does not affect the appointment of a funds 18
manager or the validity of any investment made by or on behalf of the 19
University before the commencement of the amendment. 20
17 Convocation 21
The repeal of section 4 (b) by the Universities Legislation Amendment 22
(Regulatory Reforms) Act 2014 does not affect the continuity or legal status of 23
the University. 24
18 Previously acquired land 25
Section 18 (2)-(3), as inserted by the Universities Legislation Amendment 26
(Regulatory Reforms) Act 2014, extend to land acquired from the State before 27
the insertion of those subsections. 28
1.11 University of Wollongong By-law 2005 29
Part 11 Convocation 30
Omit the Part. 31
Page 28
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