Southern Cross University Act 1993

The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 9D (3) (a), 9E (4), 9F (2), 10 (1) (c) and (d), 11 (2), 16 (1) (d) and (e), 24 and 29 (1) (k) and clause 3 of Schedule 1 (to the extent it relates to appointments).

Despite subsection (1), only the Council may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 9D (3) (b), 9E (2) (a) and 29 (1) (b) and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules).

Election rules must be consistent with sound and democratic electoral practices, procedures and methods of voting.

The Council must ensure that any election rule it makes is made readily available to the public by whatever means the Council considers appropriate as soon as practicable after it is made.

A rule—

has the same force and effect as a by-law, and

may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and

takes effect on the day on which it is published or on such later day as may be specified in the rule, and

must indicate the authority or officer who made the rule and that it is made under this section.

In the event of an inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.

The fact that a provision of this Act specifically provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.