Victorian Numbered Acts

EDUCATION LEGISLATION AMENDMENT (GOVERNANCE) ACT 2012 (NO. 73 OF 2012) - SECT 63

After section 62 of the Monash University Act 2009 insert —

        "     63     Orders in Council

    (1)     The Governor in Council may make Orders for or with respect to—

        (a)     fixing the number of members of the Council or the number of a category of member of the Council for the purposes of section 11;

        (b)     the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year;

Note

This method will override clause 1(2) of Schedule 1.

        (c)     making transitional provisions including—
s. 63

              (i)     application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and

              (ii)     provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a).

    (2)     The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council.

    (3)     An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette.

    (4)     A copy of every Order in Council under this section must be published in the Government Gazette as soon as practicable after it is made.

    (5)     A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with subsection (4).

    (6)     Part 5A of the Subordinate Legislation Act 1994 applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.".