Prahran Mechanics' Institute (Amendment) Act 2006

Prahran Mechanics' Institute (Amendment) Act 2006

Act No. 4/2006

table of provisions

SectionPage

ClausePage

1.Purpose

2.Commencement

3.Principal Act

4.Constitution of governing committee

5.Substitution of section 7

7.Extraordinary vacancies

6.Repeal of section 8

7.Quorum

8.New sections 15 and 16 inserted

15.Validation of certain actions of governing committee

16.Saving

═══════════════

Endnotes

ClausePage

Victoria

No. 4 of 2006

ClausePage

Prahran Mechanics' Institute (Amendment) Act 2006[†]

[Assented to 7 March 2006]

Preamble

Act No. 4/2006

Prahran Mechanics' Institute (Amendment) Act 2006

The Prahran Mechanics' Institute Act 1899 provides for the incorporation of the Prahran Mechanics' Institution and Circulating Library and for the establishment of a governing committee.

The Act provides for the governing committee to have 9 members, including the Mayor of the City of Prahran and 4 persons elected by that municipal council.

On 21 June 1994, the Governor in Council, pursuant to Part 10C of the Local Government Act 1989,by Order abolished the Councils of the City of Prahran and the City of Malvern and established the Stonnington City Council.

The Order in Council appointed the Stonnington City Council as the successor in law to the Councils of the City of Prahran and the City of Malvern.

It is expedient to amend the Prahran Mechanics' Institute Act 1899 to refer to the Stonnington City Council, to reduce the membership of the governing committee and to reduce council representation on the governing committee.

Act No. 4/2006

Prahran Mechanics' Institute (Amendment) Act 2006

The Parliament of Victoriatherefore enacts as follows:

Act No. 4/2006

Prahran Mechanics' Institute (Amendment) Act 2006

1.Purpose

s. 1

The main purpose of this Act is to amend the Prahran Mechanics' Institute Act 1899—

(a)to alter the composition of the governing committee of the Prahran Mechanics' Institution and Circulating Library; and

(b)to validate certain decisions of the governing committee of the Prahran Mechanics' Institution and Circulating Library.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.Principal Act

See:
Act No.
1617
and amending
Act No.
10071.
LawToday:

dpc.vic.
gov.au

In this Act, the Prahran Mechanics' Institute Act 1899 is called the Principal Act.

4.Constitution of governing committee

s. 4

(1)For sections 6(1) and 6(2) of the Principal Act substitute—

"(1) The said incorporated body is to have a governing committee consisting of 7members, of whom—

(a)one is to be a person appointed by theStonnington City Council; and

(b)6 are to be elected by the members of the said incorporated body.

(2)A member appointed under sub-section (1)(a) holds office for the term specified by theStonnington City Council.

(2A)An election of a member under sub-section (1)(b) must be held at an annual general meeting.

(2B) A member elected under sub-section (1)(b) holds office for 4 years in accordance with the rules and regulations of the said incorporated body.".

(2)After section 6(3) of the Principal Act insert—

"(4)If a member of the committee is not—

(a)appointed by the Stonnington City Council; or

(b)elected by the members of the said incorporated body—

at the time required by this Act or the rules and regulations of the said incorporated body, the Governor in Council may appoint a member who will be deemed on that appointment to have been appointed or elected by the Stonnington City Council or the members of the said incorporated body (as the case may be).".

5.Substitution of section 7

s. 5

For section 7 of the Principal Act substitute—

"7.Extraordinary vacancies

(1)If the office of a member of the governing committee becomes vacant before the end of the term of the office—

(a)in the case of a member appointed under section 6(1)(a), the Stonnington City Council may appoint a person to fill the vacancy; or

(b)in the case of a member elected under section 6(1)(b), the governing committee may appoint a person to fill the vacancy.

(2)A member appointed under this section holds office for the remainder of the term of the member whose place he or she fills.".

6.Repeal of section 8

Section 8 of the Principal Act is repealed.

7.Quorum

In section 9 of the Principal Act, for "three" substitute "four".

8.New sections 15 and 16 inserted

After section 14 of the Principal Act insert—

"15.Validation of certain actions of governing committee

Anything done or purported to have been done by the governing committee of the said incorporated body under this Act, before the commencement of the Prahran Mechanics' Institute (Amendment) Act 2006, that would have been validly done had the governing committee been validly constituted at the time the thing was done or purported to be done, has, and is deemed always to have had, the same force and effect as it would have had if the governing committee had been validly constituted at the time the thing was done or purported to be done.

16.Saving

s. 8

The governing committee is deemed to be the same body despite the change in its membership.".

═══════════════

Act No. 4/2006

Prahran Mechanics' Institute (Amendment) Act 2006

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 27 October 2005

Legislative Council: 9 February 2006

The long title for the Bill for this Act was "to amend the Prahran Mechanics' Institute Act 1899 and for other purposes."