Statute 1.4 – University Regulations Made by the Monash University Council Version as at 17 February 2012 1.
Council’s regulation making power 1.1
2.
The Council may make regulations under any statute for or with respect to any matter or thing necessary, expedient or permitted to be prescribed for the purposes of that statute, notwithstanding – 1.1.1
any provision in the statute to the contrary; 1.1.2
any provision in the statute which vests a regulation making power in another person or body; 1.1.3
the absence of a regulation making power in the statute. 1.2
The Council may revoke or amend regulations made by Council and any other person or body. 1.3
In the event that both Council and another person or body make regulations on the same subject matter, the regulations made by Council under subsection 1.1 shall prevail to the extent of any inconsistency. Implied power to amend and revoke Where a statute confers a power to make regulations, the power shall, unless otherwise expressly stated, be constructed as including a power, exercisable in the same manner, to amend or revoke the regulations made in exercise of that power. 3.
4.
Exercise of powers between making and commencement of regulations 3.1
This section applies where Council makes a statute which, on its commencement, will confer a power or amend another statute so as to confer a power to make regulations. 3.2
The power to make regulations may be exercised at any time after Council makes the statute or amending statute which confers the regulation making power. 3.3
Regulations made in accordance with this section 4 shall not, in any case, commence before the statute or amending statute which confers the regulation making power. Requirement to promulgate regulations All regulations shall be promulgated on the Monash University Calendar website and after being so promulgated must remain on the website for 14 days. Statute 1.4 – University Regulations 5.
Saving Provision On and from the commencement of Statute 1.4 – University Regulations (No. 7 of 2011), all regulations in force as at that date – 5.1.1
remain in full force and effect and are taken to have been made under the regulation making power of the relevant enabling statute notwithstanding any consequential amendments made by Statute 1.4 – University Regulations (No. 7 of 2011); and 5.1.2
may be amended and revoked in accordance with Statute 1.4 – University Regulations. End Notes 1. Statute 1.4 – University Regulations was made by the Monash University Council on 25 August 2011 and approved by the Minister for Higher Education and Skills on 28 November 2011. 2. Statute 1.4 – University Regulations was promulgated on 17 February 2012. Page|2