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UNIVERSITIES GOVERNING BODIES ACT 2011 - SECT 4

Adoption by resolution of the standard governing body provisions

4 Adoption by resolution of the standard governing body provisions

(1) The governing body of a University may, by a resolution passed by at least two-thirds of the members of the governing body (a
"governing body resolution" ):
(a) displace the replaceable provisions of its University Act and adopt instead the standard governing body provisions, and
(b) determine, for the purposes of the standard governing body provisions, the total number of members the governing body is to have, and the total number of members in each category of those members, when the governing body resolution takes effect.
(2) The governing body of the University is to give the Minister written notice of the terms of the governing body resolution.
(3) The governing body resolution has effect:
(a) on the day an order made by the Minister, at the request of the governing body of the University, giving notice of the terms of the resolution and setting out the resultant amendments to the University Act and by-laws specified in subsection (4) (b) and (c), respectively, is published on the NSW legislation website, or
(b) on a later day specified in, or determined in accordance with, such an order published on that website.
(4) On the day on which the governing body resolution takes effect:
(a) the replaceable provisions of the University Act cease to have effect, and
(b) the University Act is amended as set out in the order made by the Minister:
(i) by omitting the replaceable provisions and inserting instead the standard governing body provisions (renumbered with cross-references updated consequentially, and with references to the "governing body" being replaced with references to the "Council", "Board" or "Senate", references to "non-academic staff" replaced with references to "general staff" and references to the "Academic Board" replaced with references to the "Academic Senate", as appropriate), and
(ii) to make any other necessary consequential changes, and
(c) any by-laws made under the University Act are amended as set out in that order to make any necessary consequential changes resulting from the omission of the replaceable provisions and insertion of the standard governing body provisions, and
(d) the rule-making power for the University is amended as set out in that order by omitting so much of any matter designating a subsection, paragraph, clause or other portion of a replaceable provision omitted by the operation of paragraph (b) and making any necessary consequential changes resulting from the omission.
(5) An order made by the Minister under this section may provide for the commencement of provisions of a savings or transitional nature before the day on which the governing body resolution takes effect.



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