Victorian Numbered Acts

EDUCATION LEGISLATION AMENDMENT (GOVERNANCE) ACT 2012 (NO. 73 OF 2012) - SECT 64

For Division 3 of Part 8 of the Monash University Act 2009 substitute—

" Division 3—Further transitional provisions

        75     Definition for this Division

In this Division—

"commencement day" means the day on which Part 6 of the Education Legislation Amendment (Governance) Act 2012 comes into operation.

        76     Operation of Interpretation of Legislation Act 1984

Unless the contrary intention expressly appears, this Division does not affect or take away from the Interpretation of Legislation Act 1984 .

Note

See in particular section 16 of the Interpretation of Legislation Act 1984 .

        77     Constitution of Council

    (1)     Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of between 11 and 21 persons being—

        (a)     the official members; and

        (b)     at least 4 government appointed members of whom—

              (i)     at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management;

              (ii)     one must be a person with commercial expertise at a senior level; and

        (c)     at least 4 Council appointed members.

    (2)     The official members of the Council are—

        (a)     the Chancellor;

        (b)     the Vice-Chancellor;

        (c)     the president (however designated) of the academic board or its equivalent.

    (3)     The government appointed members are—

        (a)     at least 3 persons appointed by the Governor in Council under section 12(1); and

        (b)     one person appointed by the Minister under section 12(2).

    (4)     The Council appointed members are the persons appointed by the Council under section 13.

    (5)     The number of government appointed members must be equal to or greater than the number of Council appointed members.

        78     Saving of reconstituted Council

    (1)     On and from the commencement day, the Council—

        (a)     continues in existence as if established under Division 2 of Part 2; and

        (b)     is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes.

    (2)     On and from the commencement day of an Order in Council under section 63 , the Council—

        (a)     continues in existence as if established under Division 2 of Part 2; and

        (b)     is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes.

        79     Members of Council

    (1)     On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members—

        (a)     are taken to be the members of the Council appointed in accordance with section 77; and

        (b)     continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act.

    (2)     An elected member of the Council goes out of office on the first of the following—

        (a)     1 January 2013; or

        (b)     the day his or her office expires.".