Explanatory Memorandum
(Circulated by authority of the Minister for Education, Science and Training the Hon Dr Brendan Nelson MP)Schedule 4 - Amendment of the Australian National University Act 1991
Part 1 - Amendments
Repeal paragraph (b) of the definition of ex officio member in section 3, repeal paragraph 10(1)(b), amend subsection 33(1) and insert new subsection 33(1A) to reflect the fact that the Pro-Chancellor must in future be a member of the Council appointed by the Minister under paragraph 10(1)(q) before being eligible for appointment as Pro-Chancellor by the Council under section 33. This will enable the Australian National University to comply with the National Governance Protocols .
Amends paragraph 10(1)(q) to increase the number of members of the Council appointed by the Minister on the recommendation of the Nominations Committee of Council from 6 to 7, to reflect the fact that the Pro-Chancellor will no longer be an ex officio member of the Council.
Repeals paragraph 12(2)(b) and replaces it with a new paragraph allowing the Pro-Chancellor to preside at a meeting of the Council when the Chancellor is not present, only if the Pro-Chancellor is a member of Council.
Amend subsections 12(3), 13(1) and 13(3) as a consequence of the amendment made by item 4.
Amends subsection 13(3) as a consequence of the amendment made by item 9.
Replace subsection 13(4) with new subsections 13(4) and (5) and insert a new subsection 15(1A) which have the effect of providing for Council to remove a member for breach of duties by a vote with at least a two-thirds majority.
Amends paragraph 15(1)(k) to clarify the conditions under which a member of the Council must vacate his/her office for breach of his/her duties as a member of Council under section 18A, 18B, 18C, 18D, 18E or 18F, as a consequence of amendments made by items 9 and 11.
Amend subsection 15(2), repeal paragraph 15(2)(b) and amend subsection 33(2) to reflect the fact that the Pro-Chancellor will no longer be an ex officio member of the Council (see amendments made by items 1, 2, 17 and 18).
Amends subsection 32(1) to provide that the Chancellor of the University appointed by the Council must not be a student or an employee of the University.
Inserts a new subsection 32(1A) to provide that the Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.
Amends subsection 32(2) as a consequence of the amendment made by item 15.
Part 2 - Transitional provisions
Defines Principal Act as meaning the Australian National University Act 1991 for the purposes of this Part.
Provides that the amendments of section 32 of the Principal Act (relating to the Chancellor) made by Part 1 of Schedule 4 to this Act apply to each person holding office as Chancellor under that section on or after the commencement of this item, whether that person was appointed to that office before, on or after that commencement.
Transitional provisions for amendments relating to the Pro-Chancellor made by Part 1 of Schedule 4 to this Act. This item applies to a person who holds office as Pro-Chancellor immediately before the commencement of this item.
Subitem (2) provides that the appointment of the person as Pro-Chancellor continues in force after the commencement of this item as if it had been made under section 33 of the Principal Act as amended by this Act.
Subitem (3) provides that, for the purposes of the Principal Act as amended by this Act, the person is taken (on the commencement of this item):
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- to have been appointed to the Council by the Minister under paragraph 10(1)(q) of the Principal Act on the recommendation of the Nominations Committee of Council; and
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- to have been so appointed for a period equal to the remainder of the period of his or her office as Pro-Chancellor if no amendment of section 33 of the Principal Act had been made by this Act.