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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Student Guilds and
Associations) Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Curtin University of
Technology Act 1966 amended
3. The Act amended 3
4. Section 44 amended 3
5. Sections 45 and 46 replaced 4
Part 3 -- Edith Cowan University
Act 1984 amended
6. The Act amended 7
7. Section 41 amended 7
8. Sections 41A and 41B replaced 8
Part 4 -- Murdoch University Act 1973
amended
9. The Act amended 11
10. Section 20 amended 11
11. Sections 20A and 20B replaced 12
Part 5 -- University of Notre Dame
Australia Act 1989 amended
12. The Act amended 15
13. Part 8 repealed 15
page i
123--1
Acts Amendment (Student Guilds and Associations) Bill 2002
Contents
Part 6 -- University of Western Australia
Act 1911 amended
14. The Act amended 16
15. Section 2 amended 16
16. Section 28 amended 16
17. Sections 28A and 28B replaced 17
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Student Guilds and
Associations) Bill 2002
A Bill for
An Act to amend --
• the Curtin University of Technology Act 1966;
• the Edith Cowan University Act 1984;
• the Murdoch University Act 1973;
• the University of Notre Dame Australia Act 1989; and
• the University of Western Australia Act 1911.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Student Guilds and Associations) Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Student Guilds
and Associations) Act 2002.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Acts Amendment (Student Guilds and Associations) Bill 2002
Curtin University of Technology Act 1966 amended Part 2
s. 3
Part 2 -- Curtin University of Technology
Act 1966 amended
3. The Act amended
The amendments in this Part are to the Curtin University of
5 Technology Act 1966*.
[* Reprinted as at 28 July 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 93.]
4. Section 44 amended
10 (1) Section 44(2)(e) is deleted and the following paragraph is
inserted instead --
"
(e) shall be the recognised means of
communication between enrolled students and
15 the Council, in accordance with any Statutes
that the Council makes.
".
(2) Section 44(4)(a) is deleted.
(3) Section 44(5), (6) and (7) are repealed and the following
20 subsections are inserted instead --
"
(5) Any enrolled student is eligible to be a member of the
Student Guild.
(6) Subject to subsection (7), a student becomes a member
25 of the Student Guild upon enrolment, for the period of
enrolment.
(7) A student may elect at the time of enrolment not to
become a member of the Student Guild, and an
enrolled student may resign at any time as a member of
30 the Student Guild.
page 3
Acts Amendment (Student Guilds and Associations) Bill 2002
Part 2 Curtin University of Technology Act 1966 amended
s. 5
(7a) An enrolled student cannot hold an elective office of
the Student Guild unless that enrolled student is a
member of the Student Guild.
".
5 (4) After section 44(8) the following subsection is inserted --
"
(9) The University shall not act in a way that may dissuade
or discourage an enrolled student, or person seeking
enrolment as a student, from being or becoming a
10 member of the Student Guild.
".
(5) Section 44(16) and (17) are repealed.
5. Sections 45 and 46 replaced
Sections 45 and 46 are repealed and the following sections are
15 inserted instead --
"
45. Amenities and services fee
(1) An annual amenities and services fee shall be set at an
amount approved by the Council after receiving a
20 report from, and a recommendation by, the Student
Guild.
(2) The Council may determine that a different level of the
amenities and services fee is payable by a specified
class of enrolled students.
25 (3) The amenities and services fee is payable to the
Council by each enrolled student, except a student
exempted from doing so, or made ineligible to do so,
by Statute.
(4) Despite sections 23(1)(b) and 32, the Council shall pay
30 to the Student Guild a percentage of the amenities and
services fees collected that is not less than the
page 4
Acts Amendment (Student Guilds and Associations) Bill 2002
Curtin University of Technology Act 1966 amended Part 2
s. 5
percentage of enrolled students that are members of the
Student Guild.
(5) Despite subsection (4), and regardless of the number of
enrolled students who are members of the Student
5 Guild, the percentage of the collected amenities and
services fees paid to the Student Guild must exceed
50% of those fees.
(6) The part of the amenities and services fees not paid to
the Student Guild is to be spent on student amenities
10 and services in the manner agreed by the Council and
the Student Guild.
46. Council to include detail in Statute
(1) The Council shall define, by Statute --
(a) broad areas of amenities and services to which
15 the Student Guild may apply the fees paid to it;
and
(b) processes for resolving disputes that might arise
in the course of defining those areas.
(2) The Council shall prescribe, by Statute, the measures
20 by which the Student Guild is to account for the fees
received, and those measures shall include --
(a) a requirement that the annual financial
statements of the Student Guild are to be
audited by an independent external auditor
25 whose appointment requires Council approval;
and
(b) a requirement for the Student Guild to provide
a copy of each audited balance sheet, and an
annual statement of the Student Guild's income
30 and expenditure, to the Council.
(3) The Council shall prescribe, by Statute, the process for
reaching agreement between the Council and the
page 5
Acts Amendment (Student Guilds and Associations) Bill 2002
Part 2 Curtin University of Technology Act 1966 amended
s. 5
Student Guild about the expenditure of the part of the
amenities and services fees not paid to the Student
Guild.
".
page 6
Acts Amendment (Student Guilds and Associations) Bill 2002
Edith Cowan University Act 1984 amended Part 3
s. 6
Part 3 -- Edith Cowan University Act 1984 amended
6. The Act amended
The amendments in this Part are to the Edith Cowan University
Act 1984*.
5 [* Reprinted as at 1 October 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 107.]
7. Section 41 amended
(1) Section 41(4) is amended as follows:
10 (a) by deleting "a recognized" and inserting instead --
" the recognised ";
(b) after "Council" by inserting --
"
in accordance with any Statutes that the Council makes
15 ".
(2) Section 41(5) is amended by deleting "may" and inserting
instead --
" is eligible to ".
(3) Section 41(6) and (6a) are repealed and the following
20 subsections are inserted instead --
"
(6) A student becomes a member of the Student Guild
upon enrolment, for the period of enrolment, unless --
(a) at the time of enrolment that student elects not
25 to become a member; or
(b) the enrolled student is not eligible to be a
member.
page 7
Acts Amendment (Student Guilds and Associations) Bill 2002
Part 3 Edith Cowan University Act 1984 amended
s. 8
(6a) Despite subsection (6), an enrolled student may resign
at any time as a member of the Student Guild.
".
(4) Section 41(7) and (8) are repealed and the following subsection
5 is inserted instead --
"
(7) An enrolled student (whether a member of the Student
Guild or not) may vote in an election held to fill a
vacancy in a Student Guild office, but an enrolled
10 student cannot hold an elective office unless that
enrolled student is a member of the Student Guild.
".
(5) Section 41(10) is repealed.
8. Sections 41A and 41B replaced
15 Sections 41A and 41B are repealed and the following sections
are inserted instead --
"
41A. Amenities and services fee
(1) An annual amenities and services fee shall be set at an
20 amount determined by the Council after receiving a
report from, and a recommendation by, the Student
Guild.
(2) The Council may determine that a different level of the
amenities and services fee is payable by a specified
25 class of enrolled students.
(3) The amenities and services fee is payable to the
Council by each enrolled student, except a student
exempted from doing so, or made ineligible to do so,
by Statute.
page 8
Acts Amendment (Student Guilds and Associations) Bill 2002
Edith Cowan University Act 1984 amended Part 3
s. 8
(4) Despite section 36(1)(b), the Council shall pay to the
Student Guild a percentage of the amenities and
services fees collected that is not less than the
percentage of enrolled students that are members of the
5 Student Guild.
(5) Despite subsection (4), and regardless of the number of
enrolled students who are members of the Student
Guild, the percentage of the amenities and services fees
paid to the Student Guild must exceed 50% of those
10 fees.
41B. Council to include detail in Statute
(1) The Council shall specify, by Statute, the broad
categories of amenities and services within which the
fees collected may be expended.
15 (2) The fees collected each year are to be allocated to
broad categories of expenditure under an agreement
between the Council and the Student Guild, and the
Council shall prescribe, by Statute, the processes for --
(a) determining the broad categories of amenities
20 and services within which the fees are to be
expended; and
(b) resolving disputes that arise in the process of
those determinations.
(3) The Council shall prescribe, by Statute, the measures
25 by which the Student Guild is to account for the fees
received, and those measures shall include --
(a) a requirement that the annual financial
statements of the Student Guild are to be
audited by an independent external auditor
30 whose appointment requires Council approval;
and
page 9
Acts Amendment (Student Guilds and Associations) Bill 2002
Part 3 Edith Cowan University Act 1984 amended
s. 8
(b) a requirement for the Student Guild to provide
a copy of each audited balance sheet, and an
annual statement of the Student Guild's income
and expenditure, to the Council.
5 ".
page 10
Acts Amendment (Student Guilds and Associations) Bill 2002
Murdoch University Act 1973 amended Part 4
s. 9
Part 4 -- Murdoch University Act 1973 amended
9. The Act amended
The amendments in this Part are to the Murdoch University
Act 1973*.
5 [* Reprinted as at 26 February 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 253.]
10. Section 20 amended
(1) Section 20(2) is amended by deleting "a recognized means of
10 communication between its members and the Senate." and
inserting instead --
"
the recognised means of communication between
students and the Senate, in accordance with any
15 Statutes that the Senate makes.
".
(2) Section 20(2a), (2b) and (2c) are repealed and the following
subsections are inserted instead --
"
20 (2a) Any student is eligible to be a member of the Guild.
(2b) The University shall not act in a way that may dissuade
or discourage a student, or person seeking enrolment as
a student, from being or becoming a member of the
Guild.
25 ".
page 11
Acts Amendment (Student Guilds and Associations) Bill 2002
Part 4 Murdoch University Act 1973 amended
s. 11
(3) After section 20(4) the following subsections are inserted --
"
(5) A student becomes a member of the Guild upon
enrolment, for the period of enrolment, unless at the
5 time of enrolment that student elects not to become a
member.
(6) Subject to subsection (7), a student becomes a member
of the Guild upon enrolment, for the period of
enrolment.
10 (7) A student may --
(a) elect at the time of enrolment not to become a
member of the Guild; and
(b) resign at any time as a member of the Guild.
(8) A student cannot hold an elective office of the Guild
15 unless that student is a member of the Guild.
".
(4) Section 20(11) and (12) are repealed.
11. Sections 20A and 20B replaced
Sections 20A and 20B are repealed and the following sections
20 are inserted instead --
"
20A. Amenities and services fee
(1) An annual amenities and services fee shall be set at an
amount determined by the Senate after receiving a
25 report from, and a recommendation by, the Guild.
(2) The Senate may determine that a different level of the
amenities and services fee is payable by a specified
class of students.
page 12
Acts Amendment (Student Guilds and Associations) Bill 2002
Murdoch University Act 1973 amended Part 4
s. 11
(3) The amenities and services fee is payable to the Senate
by each student, except a student exempted from doing
so, or made ineligible to do so, by Statute.
(4) The Senate shall pay to the Guild a percentage of the
5 amenities and services fees collected that is not less
than the percentage of students that are members of the
Guild.
(5) Despite subsection (4), and regardless of the number of
students who are members of the Guild, the percentage
10 of the amenities and services fees paid to the Guild
must exceed 50% of those fees.
(6) The part of the amenities and services fees not paid to
the Guild is to be spent on student amenities and
services in the manner agreed by the Senate and the
15 Guild.
20B. Senate to include detail in Statute
(1) The Senate shall specify, by Statute, the broad
categories of amenities and services to which the Guild
may apply the fees paid to it.
20 (2) The Senate shall prescribe, by Statute, the processes
for --
(a) determining the broad categories of amenities
and services to which the Guild may apply the
fees; and
25 (b) resolving disputes that arise in the process of
those determinations.
(3) The Senate shall prescribe, by Statute, the measures by
which the Guild is to account for the fees received, and
those measures shall include --
30 (a) a requirement that the annual financial
statements of the Guild are to be audited by an
page 13
Acts Amendment (Student Guilds and Associations) Bill 2002
Part 4 Murdoch University Act 1973 amended
s. 11
independent external auditor whose
appointment requires Senate approval; and
(b) a requirement for the Guild to provide a copy of
each audited balance sheet, and an annual
5 statement of the Guild's income and
expenditure, to the Senate.
(4) The Senate shall prescribe, by Statute, the process for
reaching agreement between the Senate and the Guild
about the expenditure of the part of the amenities and
10 services fees not paid to the Guild.
".
page 14
Acts Amendment (Student Guilds and Associations) Bill 2002
University of Notre Dame Australia Act 1989 amended Part 5
s. 12
Part 5 -- University of Notre Dame Australia
Act 1989 amended
12. The Act amended
The amendments in this Part are to the University of Notre
5 Dame Australia Act 1989*.
[* Reprinted as at 1 June 2001.]
13. Part 8 repealed
(1) The heading to Part 8 is repealed.
(2) Part 8 is repealed.
page 15
Acts Amendment (Student Guilds and Associations) Bill 2002
Part 6 University of Western Australia Act 1911 amended
s. 14
Part 6 -- University of Western Australia
Act 1911 amended
14. The Act amended
The amendments in this Part are to the University of Western
5 Australia Act 1911*.
[* Reprinted as at 11 February 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 394.]
15. Section 2 amended
10 Section 2 is amended after the definition of "Convocation" by
inserting the following definitions --
"
"Guild" -- The Guild of Undergraduates established
under section 28;
15 "student" -- A person enrolled in the University as a
student;
".
16. Section 28 amended
(1) Section 28(2), (2a) and (2b) are repealed and the following
20 subsections are inserted instead --
"
(2) Any student is eligible to be a member of the Guild.
(2a) The University shall not act in a way that may dissuade
or discourage a student, or person seeking enrolment as
25 a student, from being or becoming a member of the
Guild.
".
page 16
Acts Amendment (Student Guilds and Associations) Bill 2002
University of Western Australia Act 1911 amended Part 6
s. 17
(2) Section 28(3) is amended by deleting "recognized means of
communication between its members" and inserting instead --
" recognised means of communication between students ".
(3) After section 28(4) the following subsections are inserted --
5 "
(5) Subject to subsection (6), a student becomes a member
of the Guild upon enrolment, for the period of
enrolment.
(6) A student may --
10 (a) elect at the time of enrolment not to become a
member of the Guild; and
(b) resign at any time as a member of the Guild.
(7) A student cannot hold an elective office of the Guild
unless that student is a member of the Guild.
15 ".
(4) Section 28(9), (10) and (11) are repealed.
17. Sections 28A and 28B replaced
Sections 28A and 28B are repealed and the following sections
are inserted instead --
20 "
28A. Amenities and services fee
(1) An annual amenities and services fee shall be set at an
amount approved by the Senate after receiving a report
from, and a recommendation by, the Guild.
25 (2) The Senate may determine that a different level of the
amenities and services fee is payable by a specified
class of students.
page 17
Acts Amendment (Student Guilds and Associations) Bill 2002
Part 6 University of Western Australia Act 1911 amended
s. 17
(3) The amenities and services fee is payable to the Senate
by each student, except a student exempted from doing
so, or made ineligible to do so, by Statute.
(4) The Senate shall pay to the Guild a percentage of the
5 amenities and services fees collected that is not less
than the percentage of students that are members of the
Guild.
(5) Despite subsection (4), and regardless of the number of
students who are members of the Guild, the percentage
10 of the amenities and services fees paid to the Guild
must exceed 50% of those fees.
(6) The part of the amenities and services fees not paid to
the Guild is to be spent on student amenities and
services in a manner determined by the Senate after
15 consultation with the Guild.
28B. Senate to include detail in Statute
(1) The Senate shall specify, by Statute, the broad
categories of amenities and services to which the Guild
may apply the fees paid to it.
20 (2) The Senate shall prescribe, by Statute, the processes for
determining the broad categories of amenities and
services to which the Guild may apply the fees.
(3) The Senate shall prescribe, by Statute, the measures by
which the Guild is to account for the fees received, and
25 those measures shall include --
(a) a requirement that the annual financial
statements of the Guild are to be audited by an
independent external auditor whose
appointment requires Senate approval; and
page 18
Acts Amendment (Student Guilds and Associations) Bill 2002
University of Western Australia Act 1911 amended Part 6
s. 17
(b) a requirement for the Guild to provide a copy of
each audited balance sheet, and an annual
statement of the Guild's income and
expenditure, to the Senate.
5 ".
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