{"id":"adelaide-university-act-2023","name":"Adelaide University Act 2023","slug":"adelaide-university-act-2023","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31444,"registerId":"sa-adelaide-university-act-2023-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adelaide University Act 2023","content":"South Australia\nAdelaide University Act 2023\nAn Act to establish Adelaide University as a new university that has global standing by combining The University of Adelaide and the University of South Australia, to repeal the University of Adelaide Act 1971 and the University of South Australia Act 1990, to make related amendments to other Acts, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tCommencement\n3\tObject\n4\tInterpretation\nPart 2—The University\nDivision 1—Establishment, functions and powers\n5\tEstablishment\n6\tBody corporate features\n7\tFunctions\n8\tGeneral powers\n9\tAwards\n10\tInternal organisation of University\n11\tStudent associations\nDivision 2—Official titles and proprietary interests\n12\tDeclaration of logo and official titles\n13\tProtection of proprietary interests\nPart 3—Administration of University\nDivision 1—The Council\n14\tEstablishment and responsibilities\n15\tPowers\n16\tConstitution of Council\n17\tTerm of office\n18\tCasual vacancies\n19\tChancellor, Deputy Chancellor and Pro‑Chancellors\n20\tValidity of acts and decisions of Council\n21\tRemuneration\nDivision 2—Duties of Council members\n22\tDuty to exercise care and diligence etc\n23\tDuty to act in good faith etc\n24\tConflict of interest policy\n25\tCode of conduct\n26\tRemoval of Council member\n27\tCivil liability for contravention\nDivision 3—Procedures\n28\tProceedings at meetings\nDivision 4—Vice Chancellor\n29\tVice Chancellor\nDivision 5—Academic Board\n30\tAcademic Board\nDivision 6—Related matters\n31\tTerms of reference\n32\tDelegation\n33\tCommon seal\nPart 4—Statutes and by‑laws\nDivision 1—Statutes\n34\tStatutes\nDivision 2—By‑laws\n35\tInterpretation\n36\tBy‑laws\n37\tMaking of by‑laws\n38\tOffences\nPart 5—Funds\n39\tInterpretation\n40\tFund guidelines\n41\tAdelaide University Research Fund\n42\tAdelaide University Student Support Fund\n43\tFunds Advisory Committee\n44\tAnnual report\nPart 6—Trusts and other funds\n45\tCreation and administration of trust funds and other funds\n46\tEstablishment of common funds\n47\tDistribution of income of common funds\n48\tCommissions\nPart 7—Miscellaneous\n49\tAnnual report\n50\tAudit\n51\tIndemnities\n52\tExemption from land tax\n53\tRecovery of monetary penalties\n54\tRegulations\n55\tReview of Act\nSchedule 1—Repeals, amendments, transitional and other provisions\nPart 1—Repeal of Acts\n1\tRepeal of Acts\nPart 2—Amendment of Legal Practitioners Act 1981\n2\tAmendment of section 14B—Establishment of LPEAC\nPart 3—Amendment of National Wine Centre (Restructuring and Leasing Arrangements) Act 2002\n3\tAmendment of dedication of Centre land\nPart 4—Amendment of Payroll Tax Act 2009\n4\tAmendment of Schedule 2\nPart 5—Amendment of Road Traffic Act 1961\n5\tAmendment of section 175—Evidence\nPart 6—Amendment of SACE Board of South Australia Act 1983\n6\tAmendment of Schedule 1\nPart 7—Transitional and other provisions\nDivision 1—Preliminary\n7\tInterpretation\nDivision 2—Transition Council\n8\tEstablishment, responsibilities and powers\n9\tConstitution of Transition Council\n10\tProceedings at meetings\n11\tValidity of acts and decisions of Transition Council\nDivision 3—Chancellor and Deputy Chancellors\n12\tChancellor and Deputy Chancellors\nDivision 4—Vice Chancellor\n13\tVice Chancellor\nDivision 5—Transitional Academic Board\n14\tTransitional Academic Board\nDivision 6—Staff\n15\tTransfer by proclamation\n16\tTransfer on repeal of Act\n17\tEffect of provisions\n18\tPreservation of rights and continuity of employment\n19\tSuperannuation\nDivision 7—Assets, contracts and liabilities\n20\tTransfer by proclamation\n21\tTransfer on repeal of Act\n22\tEffect of provisions\n23\tSaving provision\nDivision 8—Students\n24\tTransfer by proclamation\n25\tTransfer on repeal of Act\n26\tEffect of provisions\n27\tRelated provision\nDivision 9—Official insignia\n28\tOfficial insignia\nDivision 10—Trusts and other instruments\n29\tTestamentary trusts, gifts or deeds\n30\tOther instruments\nDivision 11—The Adelaide University Union\n31\tThe Adelaide University Union\nDivision 12—Other provisions\n32\tGraduates and award holders\n33\tLegal proceedings\n34\tSuccessor in law\n35\tAccounting and reporting requirements\n36\tRegistration authorities\n37\tExemption from stamp duty\n38\tDelegation\n39\tRegulations\nPart 8—Support to establish Adelaide University\n40\tSupport to establish Adelaide University\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Adelaide University Act 2023.\n2—Commencement\n\t(1)\tThis Act comes into operation on a day to be fixed by proclamation.\n\t(2)\tSection 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act.\n3—Object\n\t(1)\tThe object of this Act is to provide for a leading, contemporary and comprehensive university of global standing that is dedicated to—\n\t(a)\tthe advancement of learning and knowledge; and\n\t(b)\tcontributing to the prosperity, wellbeing and cohesion of society.\n\t(2)\tThe new university will be established by combining The University of Adelaide and the University of South Australia and setting a future that builds on the rich history, experience, knowledge, expertise and resources of these 2 universities.\n4—Interpretation\nIn this Act—\nAcademic Board means the body established by the Council under Part 3 Division 5;\nacademic staff means the employees of the University classified by the Council as members of the academic staff;\nChancellor—see section 19;\nCouncil means the Council of Adelaide University established under Part 3;\nDeputy Chancellor—see section 19;\ngraduate means a person on whom the University has conferred an academic award, including an honorary award and an award conferred jointly with another body;\nlogo means a design (the copyright of which is vested in the University) declared under this Act to be a logo;\nofficial insignia means a logo, an official symbol or an official title;\nofficial symbol means a combination of a logo and an official title;\nofficial title means a name or title declared under this Act to be an official title;\npostgraduate student means a student enrolled at the University in a postgraduate program;\nPro‑Chancellor—see section 19;\nprofessional staff means the employees of the University classified by the Council as members of the professional staff;\nstaff member means a member of the academic staff or the professional staff;\nstudent means—\n\t(a)\tan undergraduate student; or\n\t(b)\ta postgraduate student; or\n\t(c)\tany other person enrolled as a student of the University;\nundergraduate student means a student enrolled at the University in an undergraduate program;\nUniversity means Adelaide University established under section 5;\nUniversity grounds means all land, buildings, structures and facilities owned or occupied by the University or of which the University has the care, control and management;\nVice Chancellor—see section 29.\nPart 2—The University\nDivision 1—Establishment, functions and powers\n5—Establishment\nAdelaide University is established.\n6—Body corporate features\n\t(1)\tThe University is a body corporate with perpetual succession and a common seal and is invested with full juristic capacity and unfettered discretion, subject to the laws of this State, to conduct its affairs in the manner it thinks fit.\n\t(2)\tThe University may exercise it powers within or outside the State (including outside Australia).\n\t(3)\tThe University is not an instrumentality or agency of the Crown.\n7—Functions\n\t(1)\tThe functions of the University are as follows:\n\t(a)\tto preserve, extend and disseminate knowledge at the tertiary level through teaching, research, scholarship, innovation, consultancy or other means;\n\t(b)\twithout limiting paragraph (a), to undertake and support teaching, research, scholarship, innovation, consultancy and education of international standard, and to apply these matters to the advancement and application of knowledge—\n\t(i)\tfor the benefit and wellbeing of regional, State, national and international communities; and\n\t(ii)\tfor the benefit of industry, business, the professions and government;\n\t(c)\tto engage with Aboriginal and Torres Strait Islander peoples to provide such tertiary education programs as the University thinks appropriate to meet the needs of Aboriginal and Torres Strait Islander peoples;\n\t(d)\tto provide such tertiary education programs as the University thinks appropriate to meet the needs of people within the community that the University considers—\n\t(i)\thave experienced disadvantages in education or in access to education; or\n\t(ii)\tto be under‑represented in education;\n\t(e)\tto serve the South Australian, Australian and international communities, and the public interest, by—\n\t(i)\tenriching the diverse cultural life of the community; and\n\t(ii)\televating public awareness of educational, scientific, social and artistic developments; and\n\t(iii)\tchampioning free enquiry and intellectual discourse within the University and in wider society;\n\t(f)\tto foster and further an active, inclusive and culturally safe environment within the University;\n\t(g)\tto commercialise, or translate to beneficial use, the results and outcomes of its work in research;\n\t(h)\tto support and contribute to the realisation of South Australian economic development priorities;\n\t(i)\tto establish and provide educational and other facilities as the University thinks appropriate;\n\t(j)\tto perform other functions that support or enhance, or are ancillary or incidental to, the objects of this Act or a function referred to in a preceding paragraph.\n\t(2)\tThe University should, in the performance of its functions—\n\t(a)\tfocus on excellence, equitable opportunity and innovation in university education; and\n\t(b)\tbe relevant, contemporary and informed by the highest standards in teaching and research, and by the needs of its students; and\n\t(c)\tconduct outstanding research of scale and focus; and\n\t(d)\tencourage the commercialisation and application of its research, and entrepreneurship, for wider societal benefit; and\n\t(e)\tencourage integrity in the conduct of its operations; and\n\t(f)\tsupport the protection of the environment and seek to adopt policies and practices that promote sustainability in its activities and undertakings; and\n\t(g)\tfocus on the success and impact of its students, staff and alumni; and\n\t(h)\twork to underpin the future employment of its graduates; and\n\t(i)\taddress the skill needs of the modern workforce; and\n\t(j)\tengage with the communities that it serves.\n\t(3)\tThe University should use its expertise and resources to engage Aboriginal and Torres Strait Islander peoples in its teaching, research and advancement of knowledge activities so as to contribute to—\n\t(a)\trealising the aspirations of Aboriginal and Torres Strait Islander peoples; and\n\t(b)\trecognising and valuing the ancient and rich cultural heritage and knowledge systems of Aboriginal and Torres Strait Islander peoples.\n8—General powers\n\t(1)\tThe University has the power to do anything necessary, convenient or incidental to, or in connection with, the performance of its functions under this Act.\n\t(2)\tWithout limiting subsection (1), the University—\n\t(a)\tis capable of suing and being sued; and\n\t(b)\tis capable of holding, acquiring, dealing with and disposing of real and personal property; and\n\t(c)\tis capable of acquiring or incurring other assets, rights or liabilities; and\n\t(d)\tis able to enter into contracts and arrangements; and\n\t(e)\tis able to employ staff and engage other persons; and\n\t(f)\tis able to promote the formation of a company under the Corporations Act 2001 of the Commonwealth and to hold shares or other interests in any body corporate; and\n\t(g)\tis able to enter into partnerships and participate in joint ventures and arrangements for the sharing of profits; and\n\t(h)\tis able to participate in any commercial or business activity; and\n\t(i)\tis capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust).\n\t(3)\tThe University must not alienate (except by way of lease for a term not exceeding 21 years), mortgage or charge land vested in or conveyed to the University on trust except with, and in accordance with any terms or conditions of, an approval given by the Governor.\n\t(4)\tTo avoid doubt, subsection (3) does not confer any power to alienate land contrary to the terms of a trust relating to the land.\n9—Awards\n\t(1)\tThe University—\n\t(a)\tmay confer awards on those persons who have attained the standards approved by the University; and\n\t(b)\tmay confer honorary awards on persons who the University thinks merit special recognition by the University; and\n\t(c)\tmay, for any reason the University thinks fit—\n\t(i)\trequire or permit a graduate of the University to surrender an award previously conferred on the graduate by the University; or\n\t(ii)\trescind an award previously conferred by the University.\n\t(2)\tThe power of the University to confer awards under subsection (1) includes the power to confer awards jointly with another university or another body that is, in the opinion of the University, an appropriate body to join the University in the conferral of joint awards.\n10—Internal organisation of University\nThe University will establish a structure for its different areas of learning, research and support operations (which may be varied from time to time by the University).\n11—Student associations\n\t(1)\tThe Council may approve the formation of any association of students that is to be formed for the purpose of promoting the interests of students.\n\t(2)\tSuch an association of students cannot adopt a constitution or rules, or alter its constitution or rules, unless the proposed constitution or rules, or the proposed alteration, has been approved by the Council.\nDivision 2—Official titles and proprietary interests\n12—Declaration of logo and official titles\n\t(1)\tThe University may, by notice in the Gazette, declare a design to be a logo in respect of the University.\n\t(2)\tAdelaide University is declared to be an official title.\n\t(3)\tThe University will also have a name in a relevant Aboriginal language declared to be an official title by the University by notice in the Gazette.\n\t(4)\tThe University may, by notice in the Gazette, declare any other name or title to be an official title in respect of the University.\n13—Protection of proprietary interests\n\t(1)\tThe University has a proprietary interest in all official insignia.\n\t(2)\tA person must not, without the consent of the University, in the course of a trade or business—\n\t(a)\tuse official insignia for the purpose of promoting the sale of goods or services or the provision of any benefits; or\n\t(b)\tsell goods marked with official insignia; or\n\t(c)\tuse official insignia for any other purpose.\nMaximum penalty: $50 000.\n\t(3)\tA person must not, without the consent of the University, assume a name or description that consists of, or includes, official insignia.\nMaximum penalty: $50 000.\n\t(4)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to the University); and\n\t(b)\tmust be given in writing addressed to the applicant for the consent; and\n\t(c)\tmay be revoked by the University for a breach of a condition by notice in writing given to a person who has the benefit of the consent.\n\t(5)\tThe Supreme Court may, on the application of the University, grant an injunction to restrain a breach of this section.\n\t(6)\tThe court by which a person is convicted of an offence against this section may, on the application of the University, order the convicted person to pay compensation of an amount fixed by the court to the University.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the University apart from those subsections.\nPart 3—Administration of University\nDivision 1—The Council\n14—Establishment and responsibilities\n\t(1)\tThe Council of Adelaide University is established.\n\t(2)\tThe Council is the governing body of the University.\n\t(3)\tThe Council has the following primary responsibilities:\n\t(a)\tto appoint the Vice Chancellor as the principal academic and chief executive officer of the University, and to monitor the performance of the Vice Chancellor;\n\t(b)\tto approve the mission and strategic direction of the University, as well as the annual budget and business plan;\n\t(c)\tto oversee and monitor the academic activities of the University;\n\t(d)\tto establish policies and procedures in connection with the governance, operation and administration of the University;\n\t(e)\tto oversee and review the management of the University and its performance;\n\t(f)\tto approve and monitor systems of control and accountability, including general overview of any entities controlled by the University (within the meaning of section 50AA of the Corporations Act 2001 of the Commonwealth);\n\t(g)\tto oversee and monitor the assessment and management of risk across the University.\n\t(4)\tThe Council must in all matters endeavour to advance the interests of the University.\n15—Powers\n\t(1)\tThe Council has the power to do anything necessary, convenient or incidental to, or in connection with, the performance of its function as the governing body of the University.\n\t(2)\tWithout limiting subsection (1), the Council may—\n\t(a)\tset fees in relation to anything done by the University, and provide for the collection and waiver of fees; and\n\t(b)\tapprove and enforce policies in relation to anything associated with the University; and\n\t(c)\twithout limiting paragraph (b), approve and enforce policies in connection with discipline and other standards within the University, including—\n\t(i)\tto provide for academic and other boards and committees; and\n\t(ii)\tto provide for related processes and procedures; and\n\t(iii)\tto confer powers of reprimand, suspension and expulsion; and\n\t(iv)\tto impose monetary penalties; and\n\t(v)\tto make other provision in relation to the enforcement of a policy.\n\t(3)\tThis section does not limit the ability of the Council to make and enforce statutes under this Act.\n16—Constitution of Council\n\t(1)\tThe Council will consist of the following members:\n\t(a)\tthe Chancellor (ex officio);\n\t(b)\tthe Vice Chancellor (ex officio);\n\t(c)\tthe Chair of the Academic Board who will be a member of the Council (ex officio) or, if the Vice Chancellor is the Chair of the Academic Board, a member of the Academic Board elected by the Academic Board (but that person may not be a current student);\n\t(d)\tup to 8 persons appointed by the Council on the recommendation of a selection committee under subsection (2);\n\t(e)\t1 member of the academic staff, elected by the academic staff;\n\t(f)\t1 member of the professional staff, elected by the professional staff;\n\t(g)\t1 person appointed by the Council being a member of staff who is an Aboriginal or Torres Strait Islander person;\n\t(h)\t1 postgraduate student, appointed or elected in a manner determined by the Council;\n\t(i)\t1 undergraduate student, appointed or elected in a manner determined by the Council.\n\t(2)\tFor the purposes of subsection (1)(d)—\n\t(a)\tthe Council will establish a selection committee as required from time to time; and\n\t(b)\tthe selection committee will be constituted by the Chancellor and up to 6 other persons appointed by the Council in accordance with terms of reference for the committee.\n\t(3)\tIf a person is to be appointed to the Council under subsection (1)(d), the selection committee must recognise that the Council should, as far as practicable—\n\t(a)\thave gender balance and diversity of experience in its membership; and\n\t(b)\tbe constituted by people who—\n\t(i)\thave a commitment to education and, in particular, higher education; and\n\t(ii)\thave an understanding of, and commitment to, the principles of equal opportunity and social justice and, in particular, access and equity in education.\n\t(4)\tOf the members appointed under subsection (1)(d)—\n\t(a)\tat least 2 must have financial management experience; and\n\t(b)\tat least 1 must have commercial expertise (demonstrated by relevant qualifications or relevant experience at a senior level); and\n\t(c)\tat least 1 must have expertise in higher education.\n\t(5)\tA current staff member or current student of the University is not eligible to be appointed under subsection (1)(d).\n\t(6)\tA selection committee established under this section cannot recommend 1 of their number for appointment to the Council.\n17—Term of office\n\t(1)\tA member appointed to the Council by the Council will be appointed for a term that is not less than 2 years and not more than 4 years to be determined—\n\t(a)\tin the case of a member appointed on the recommendation of a selection committee under section 16(1)(d)—by that selection committee; and\n\t(b)\tin the case of a member appointed by the Council under section 16(1)(g)—by the Council.\n\t(2)\tA staff member elected to the Council will be elected for a term of 2 years.\n\t(3)\tA student of the University appointed or elected to the Council will be appointed or elected for a term of up to 2 years.\n\t(4)\tA member appointed or elected to the Council is, at the expiration of a term of office, eligible for reappointment or re‑election.\n\t(5)\tDespite any other provision, a person may not, except by resolution of the Council, be appointed or elected as a member of the Council if the appointment or election (as the case requires) would result in the person being a member of the Council for more than 12 years (recognising that this does not apply to the Vice Chancellor or to the Chair of the Academic Board).\n18—Casual vacancies\n\t(1)\tThe Council may remove an appointed or elected member of the Council from office for—\n\t(a)\tfailure or incapacity to carry out official duties satisfactorily; or\n\t(b)\tfailure, without reasonable excuse, to comply with the Council's requirements in relation to attendance at Council meetings; or\n\t(c)\tconviction of an indictable offence; or\n\t(d)\tbreach of any code of conduct of the University that applies to members of the Council; or\n\t(e)\tserious misconduct.\n\t(2)\tA member of the Council may only be removed under subsection (1) by resolution passed by at least a two‑thirds majority of the members of the Council.\n\t(3)\tThe office of an appointed or elected member of the Council becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed or re‑elected; or\n\t(c)\tdoes not continue in the capacity in which the member was appointed or elected to the membership of the Council (unless the date of the next appointment or election to an office is within 3 months from the date on which the member ceased to continue in the capacity in which the member was appointed or elected); or\n\t(d)\tresigns by written notice to the Chancellor; or\n\t(e)\tis removed from office under subsection (1); or\n\t(f)\tis disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth.\n\t(4)\tIf a member of the Council is appointed by the Council to the office of Chancellor or Vice Chancellor, a casual vacancy occurs in the office held by that member.\n\t(5)\tOn the office of an appointed member of the Council becoming vacant under this section, a person must be appointed to the vacant office in accordance with this Act.\n\t(6)\tOn the office of an elected member of the Council becoming vacant other than by the passage of time, the Council may determine that the person to fill the vacant office will be appointed or elected to the vacant office in a manner determined by the Council (and this determination will have effect according to its terms and despite anything provided for in section 16).\n\t(7)\tSubject to this Act, a member appointed or elected to fill a casual vacancy in the membership of the Council holds office for the balance of the term of their predecessor.\n19—Chancellor, Deputy Chancellor and Pro‑Chancellors\n\t(1)\tThere will be a Chancellor and a Deputy Chancellor of the University.\n\t(2)\tThe Council may appoint a member of the Council or any other suitable person to the office of Chancellor for a term not exceeding 4 years on terms and conditions determined by the Council.\n\t(3)\tThe Council may appoint a member of the Council to the office of Deputy Chancellor for a term of 2 years on terms and conditions determined by the Council (but the member will cease to hold that office if, for any reason, the member ceases to be a member of the Council).\n\t(4)\tThe Council may appoint not more than 2 members of the Council to the office of Pro‑Chancellor for a term of 2 years on terms and conditions determined by the Council (but the member will cease to hold that office if, for any reason, the member ceases to be a member of the Council).\n\t(5)\tA Pro‑Chancellor is primarily appointed to act as a deputy to the Deputy Chancellor.\n\t(6)\tAn employee or student of the University is not eligible for appointment under this section.\n\t(7)\tA person who holds office as Chancellor, Deputy Chancellor or Pro‑Chancellor is, on the expiration of a term of office, eligible for reappointment.\n20—Validity of acts and decisions of Council\nAn act or decision of the Council is not invalid by reason only of a vacancy in its membership or on the ground of a defect in the appointment or election of a member.\n21—Remuneration\n\t(1)\tThe Council may, from time to time, determine that a member of the Council be remunerated.\n\t(2)\tA determination under subsection (1) may fix different amounts of remuneration for different members of the Council according to the office held by the member or any other factor the Council considers relevant.\n\t(3)\tSection 24 does not apply in relation to the making of a determination under this section.\nDivision 2—Duties of Council members\n22—Duty to exercise care and diligence etc\nA member of the Council must at all times, in the performance of the member's functions—\n\t(a)\texercise a reasonable degree of care and diligence; and\n\t(b)\tact in a way that the member thinks will best promote the interests of the University.\n23—Duty to act in good faith etc\n\t(1)\tA member of the Council must at all times act in good faith, honestly and for a proper purpose in the performance of the functions of office, whether within or outside the State.\n\t(2)\tA member of the Council must not improperly use their position to gain an advantage for the member or another person, whether within or outside the State.\n\t(3)\tSubsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the interest of the University.\n24—Conflict of interest policy\n\t(1)\tThe Council must have a conflict of interest policy for its members.\n\t(2)\tThe conflict of interest policy will be determined by the Council.\n\t(3)\tA member of the Council has a duty to comply with the conflict of interest policy.\n25—Code of conduct\n\t(1)\tThe Council must have a code of conduct for its members.\n\t(2)\tThe code of conduct will be determined by the Council.\n\t(3)\tA member of the Council has a duty to comply with the code of conduct.\n26—Removal of Council member\nNon compliance by a member of the Council with a duty imposed under section 22, 23, 24 or 25 will be taken to be serious misconduct and a ground for removal of the member from office.\n27—Civil liability for contravention\nIf a person who is a member of the Council or a former member of the Council is found to have breached section 23, the conflict of interest policy under section 24 or the code of conduct under section 25, the University may recover from the person by action in a court of competent jurisdiction—\n\t(a)\tif the person or any other person made a profit as a result of the breach—an amount equal to the profit; and\n\t(b)\tif the University suffered loss or damage as a result of the breach—compensation for the loss or damage.\nDivision 3—Procedures\n28—Proceedings at meetings\n\t(1)\tA meeting of the Council will be presided over—\n\t(a)\tby the Chancellor; or\n\t(b)\tin the absence of the Chancellor—by the Deputy Chancellor; or\n\t(c)\tin the absence of the Chancellor and the Deputy Chancellor—\n\t(i)\tunless subparagraph (ii) applies—by a Pro‑Chancellor; or\n\t(ii)\tif there are 2 Pro‑Chancellors and they are both present at the meeting—by a Pro‑Chancellor elected by the members of the Council present at the meeting; or\n\t(d)\tin the absence of all of the office holders referred to in a preceding paragraph—by a member of the Council elected by the members of the Council present at the meeting.\n\t(2)\tA quorum of the Council is constituted by one half of the total members of the Council (ignoring any fraction resulting from the division) plus 1, and no business may be transacted at a meeting of the Council unless a quorum is present.\n\t(3)\tEach member present at a meeting of the Council is entitled to 1 vote on a matter arising for decision at the meeting, but the person presiding at the meeting has, in the event of an equality of votes, a casting vote as well as a deliberative vote.\n\t(4)\tSubject to this Act, a decision carried by a majority of votes cast by the members present and voting at a meeting is a decision of the Council.\n\t(5)\tA meeting between members of the Council constituting a quorum by telephone, audio‑visual or other electronic means is a valid meeting of the Council if—\n\t(a)\tnotice of the meeting is given to all members in a manner determined by the Council for that purpose; and\n\t(b)\tthe system of communication allows a participating member to communicate with any other participating member during the meeting.\n\t(6)\tA resolution of the Council—\n\t(a)\tof which notice was given to members in accordance with procedures determined by the Council; and\n\t(b)\tin which at least a majority of members of the Council express their concurrence in writing or by electronic communication,\nwill be taken to be a decision of the Council made at a meeting of the Council.\n\t(7)\tThe Council must cause minutes to be kept of its proceedings in a manner determined by the Council.\n\t(8)\tSubject to this Act, the proceedings of the Council may be conducted as it thinks fit.\nDivision 4—Vice Chancellor\n29—Vice Chancellor\n\t(1)\tThere will be a Vice Chancellor of the University.\n\t(2)\tThe Vice Chancellor is the principal academic and chief executive officer of the University and is responsible to the Council for the academic standards, management and administration of the University.\n\t(3)\tThe Council must, from time to time as occasion requires, appoint a person to be Vice Chancellor, on terms and conditions determined by the Council.\nDivision 5—Academic Board\n30—Academic Board\n\t(1)\tThe University must have an Academic Board.\n\t(2)\tThe Council will establish the Academic Board and determine its terms of reference.\n\t(3)\tThe Chair of the Academic Board will be appointed or elected in accordance with the terms of reference.\nDivision 6—Related matters\n31—Terms of reference\n\t(1)\tThe terms of reference of a committee or other body (a relevant entity) established by the Council may include provisions relating to—\n\t(a)\tthe object or purpose of the relevant entity; and\n\t(b)\tthe membership of the relevant entity; and\n\t(c)\tthe functions of the relevant entity; and\n\t(d)\tthe powers of the relevant entity; and\n\t(e)\tthe procedures of the relevant entity; and\n\t(f)\treporting requirements for the relevant entity; and\n\t(g)\tother matters determined to be appropriate to include in the terms of reference.\n\t(2)\tThe terms of reference of a relevant entity may be varied, substituted or revoked by the Council from time to time.\n32—Delegation\n\t(1)\tThe Council may delegate any of its functions or powers—\n\t(a)\tto a member of the Council; or\n\t(b)\tto the Vice Chancellor; or\n\t(c)\tto a staff member of the University; or\n\t(d)\tto the holder of a particular office or position in the University; or\n\t(e)\tto a committee of the Council or the University; or\n\t(f)\tto any other body established by the Council.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the Council to act in any matter; and\n\t(c)\tis revocable at will by the Council.\n\t(3)\tA function or power delegated under this section may, if the Council so determines or authorises, be further delegated.\n\t(4)\tThe Council must cause a record of delegations to be kept in a manner determined by the Council.\n33—Common seal\nThe following provisions apply in relation to the common seal of the University:\n\t(a)\tthe seal will be in a form approved by the Council;\n\t(b)\tthe seal can only be affixed to a document pursuant to a resolution of the Council to that effect;\n\t(c)\tthe affixture of the seal to a document must be witnessed in accordance with any determination or policy of the Council;\n\t(d)\tif an apparently genuine document purports to bear the common seal of the University and appears to be duly witnessed, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal was duly affixed to the document.\nPart 4—Statutes and by‑laws\nDivision 1—Statutes\n34—Statutes\n\t(1)\tThe Council may make statutes in connection with the governance, operation or administration of the University.\n\t(2)\tWithout limiting subsection (1), a statute may—\n\t(a)\tprovide for academic and other boards and committees; and\n\t(b)\tprovide for related processes and procedures; and\n\t(c)\tconfer powers of reprimand, suspension and expulsion; and\n\t(d)\timpose monetary penalties; and\n\t(e)\tmake other provision in relation to the enforcement of the statute.\n\t(3)\tWithout limiting any other provision, a statute may make provision in relation to—\n\t(a)\tobtaining or holding, or the revocation of, any registration, endorsement, authorisation, authority or status; or\n\t(b)\tdealing with assets of the University in the event of the winding up of the University; or\n\t(c)\tany other prescribed matter.\n\t(4)\tThe Legislative Instruments Act 1978 does not apply to a statute made under this section.\n\t(5)\tA statute—\n\t(a)\ttakes effect on a day specified by the Council; and\n\t(b)\tmust be published in a manner determined by the Council; and\n\t(c)\tis not required to be published in the Gazette.\n\t(6)\tThis section does not limit the ability of the Council to make and enforce policies that apply in relation to the University, or any part or aspect of the University.\nDivision 2—By‑laws\n35—Interpretation\nIn this Division—\ndriving in relation to a vehicle, includes riding;\nvehicle includes a motor vehicle, motorcycle, bicycle, e‑scooter, skateboard or other similar thing.\n36—By‑laws\n\t(1)\tThe Council may make by‑laws for any of the following purposes:\n\t(a)\tto regulate or restrict entry to University grounds, or to prohibit certain persons entering University grounds;\n\t(b)\tto prohibit disorderly or offensive behaviour on University grounds;\n\t(c)\tto prevent damage to University grounds (including any fixtures on University grounds);\n\t(d)\tto regulate, restrict or prohibit the use, driving, parking or standing of vehicles on any part of University grounds (including a requirement that a person driving or using a vehicle must comply with any direction given by a person acting under an authorisation from the Council), and to provide for the removal of vehicles from University grounds;\n\t(e)\tto regulate, restrict or prohibit the possession, consumption or use of alcoholic liquor, tobacco or other substances on University grounds, and to provide for the seizure and confiscation by persons acting under an authorisation from the Council of alcoholic liquor, tobacco or other substances that have been brought onto University grounds in contravention of a by‑law;\n\t(f)\tto regulate the conduct of meetings on University grounds and to prevent specified behaviour on University grounds;\n\t(g)\tto empower a person acting under an authorisation of the Council to require a person suspected on reasonable grounds to have contravened a by‑law to state their name and address, and to provide that a person so requested must comply with the request;\n\t(h)\tto prescribe fees (including parking fees) and to provide for the recovery of those fees;\n\t(i)\tto fix expiation fees, not exceeding $250, for an alleged offence against a by‑law;\n\t(j)\tto prescribe fines, not exceeding $2 500, for contravention of a by‑law;\n\t(k)\tto empower the University to recover on complaint or by civil proceedings compensation for any damage done to University grounds or any property of the University;\n\t(l)\tto prescribe any other matter expedient for, or related to—\n\t(i)\tthe maintenance of good order on University grounds; or\n\t(ii)\tthe protection of property; or\n\t(iii)\tthe prevention of any hindrance to, or interference with, any activity conducted on University grounds; or\n\t(iv)\tthe use or management of any services, facilities or resources of the University.\n\t(2)\tA by‑law may provide that it applies to a portion only of the University grounds specified in the by‑law and if such provision is made the by‑law applies accordingly.\n\t(3)\tA by‑law may authorise the removal of a person from University grounds for a reason specified in the by‑law by a person acting under an authorisation from the Council.\n\t(4)\tAn authorisation given by the Council under or for the purposes of a by‑law under this Division may be given to a class of persons specified by the Council (and will have effect according to its terms).\n\t(5)\tThe Council may vary or revoke a by‑law.\n37—Making of by‑laws\n\t(1)\tThe Council may only make a by‑law—\n\t(a)\tat a meeting of the Council of which at least 14 days prior notice has been given in writing to each member of the Council setting out the proposed by‑law; and\n\t(b)\ton a resolution supported by a majority of the total number of the members of the Council.\n\t(2)\tA by‑law must be provided to the Governor for confirmation.\n\t(3)\tA by‑law does not come into operation until confirmed by the Governor.\n\t(4)\tTo avoid doubt, the Legislative Instruments Act 1978 applies to a by‑law made under this Division.\n\t(5)\tIf a by‑law has been confirmed by the Governor and published in the Gazette, all conditions precedent to the making of the by‑law will be conclusively presumed to have been fulfilled.\n38—Offences\n\t(1)\tAn offence against a by‑law is a summary offence.\n\t(2)\tA by‑law may provide for proceedings against students or staff of the University in respect of breaches of the by‑laws.\n\t(3)\tAn allegation in a complaint that a specified place is within University grounds will be taken to be proved in the absence of proof to the contrary.\n\t(4)\tIn proceedings for an offence against a by‑law dealing with the use, driving, parking or standing of vehicles—\n\t(a)\tan allegation in a complaint that a person named in the complaint was the owner or driver of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary; and\n\t(b)\tif it is proved that a vehicle was parked in contravention of a by‑law it will be presumed, in the absence of evidence to the contrary, that the vehicle was so parked by the owner of the vehicle.\n\t(5)\tDespite a provision of any other Act—\n\t(a)\ta fine recovered in respect of an offence against a by‑law; and\n\t(b)\tan expiation fee paid in relation to an expiation notice issued for an alleged offence against a by‑law,\nwill be paid to the University.\n\t(6)\tIf an act or omission is an offence against another Act and a by‑law, the offender may be charged or punished either under the Act or by‑law, but not under both.\nPart 5—Funds\n39—Interpretation\nIn this Part—\nadvisory committee means the Funds Advisory Committee established under section 43;\nFund guidelines—see section 40;\nprescribed amount means—\n\t(a)\tin relation to the Adelaide University Research Fund—$200 million; and\n\t(b)\tin relation to the Adelaide University Student Support Fund—$120 million;\nprescribed period means the period beginning on 1 January 2026 and ending on 31 December 2034.\n40—Fund guidelines\n\t(1)\tThe Treasurer must, for the purpose of this Part, approve guidelines (the Fund guidelines) that address—\n\t(a)\tthe management and investment of, and payments from, a Fund established under this Part; and\n\t(b)\tthe matters relating to the advisory committee required by section 43.\n\t(2)\tThe Treasurer must, before approving the Fund guidelines—\n\t(a)\tconsult with the Council in relation to the proposed Fund guidelines; and\n\t(b)\tobtain the agreement of the Council that the Fund guidelines relating to payments from a Fund established under this Part reflect the following matters:\n\t(i)\tin the case of guidelines relating to the Adelaide University Research Fund—the University's research objectives and strategic plans, and the State's research and economic development priorities;\n\t(ii)\tin the case of guidelines relating to the Adelaide University Student Support Fund—the University's objectives of facilitating access to the University and addressing equity considerations for people within the community who have experienced disadvantages in education, or in access to education, or who are under‑represented in education.\n\t(3)\tThe Fund guidelines must reflect an intention that the Funds established under this Part will grow over time.\n41—Adelaide University Research Fund\n\t(1)\tThe Adelaide University Research Fund is established and must be maintained in perpetuity.\n\t(2)\tThe assets of the Fund belong to the Crown.\n\t(3)\tThe Fund will consist of—\n\t(a)\tthe prescribed amount to be paid into the Fund on the commencement of this section; and\n\t(b)\tmoney paid into the Fund at the direction or with the approval of the Treasurer; and\n\t(c)\tincome and accretions from investment of money from the Fund; and\n\t(d)\tother money required to be paid into the Fund under any other Act.\n\t(4)\tThe Fund will be invested with the Superannuation Funds Management Corporation of South Australia in accordance with the Fund guidelines\n\t(5)\tThe following provisions apply in relation to the application of the Fund:\n\t(a)\tpayments will be made to the University from the Fund, in accordance with the Fund guidelines, to be applied towards—\n\t(i)\tresearch that aligns with the University's objectives and strategic plans, and with the State's research and economic development priorities; or\n\t(ii)\tsupporting research at the University of a kind approved by the advisory committee;\n\t(b)\tduring the prescribed period, the Treasurer must make an annual payment to the University from the Fund of $8 million to be applied by the University towards the matters specified in paragraph (a)(i) or (ii); \n\t(c)\tif the market value of the Fund (not including the value of any amounts paid into the Fund under subsection (3)(b) or (d)) is below the prescribed amount—\n\t(i)\tthe Treasurer must not make any additional payments to the University from the Fund other than—\n\t(A)\tthe payment required under paragraph (b); or\n\t(B)\tin exceptional circumstances as determined by the Treasurer in a particular case; and\n\t(ii)\tany income and accretions from investment of money from the Fund must be applied towards restoring the market value of the Fund to an amount that is of or above the prescribed amount;\n\t(d)\tadministrative costs and other expenses related to the management, operation and investment of the Fund may be paid out from the Fund in accordance with the Fund guidelines.\n42—Adelaide University Student Support Fund\n\t(1)\tThe Adelaide University Student Support Fund is established and must be maintained in perpetuity.\n\t(2)\tThe assets of the Fund belong to the Crown.\n\t(3)\tThe Fund will consist of—\n\t(a)\tthe prescribed amount to be paid into the Fund on the commencement of this section; and\n\t(b)\tmoney paid into the Fund at the direction or with the approval of the Treasurer; and\n\t(c)\tincome and accretions from investment of money from the Fund; and\n\t(d)\tother money required to be paid into the Fund under any other Act.\n\t(4)\tThe Fund will be invested with the Superannuation Funds Management Corporation of South Australia in accordance with the Fund guidelines.\n\t(5)\tThe following provisions apply in relation to the application of the Fund:\n\t(a)\tpayments will be made to the University from the Fund, in accordance with the Fund guidelines, to be applied towards—\n\t(i)\tfacilitating access to the University, and addressing equity considerations, for people within the community who have experienced disadvantages in education, or in access to education, or who are under‑represented in education; or\n\t(ii)\tprograms developed by the University in accordance with paragraph (c); or\n\t(iii)\ta purpose related to supporting students at the University approved by the advisory committee;\n\t(b)\tduring the prescribed period, the Treasurer must make an annual payment to the University from the Fund of $4 million to be applied by the University towards the matters specified in paragraph (a)(i), (ii) or (iii);\n\t(c)\tthe Fund guidelines must provide that at least $20 million of the Fund is dedicated towards supporting payments from the Fund to be applied by the University towards programs addressing access to the University and equity considerations for people residing in regional and outer metropolitan areas who have experienced disadvantages in education, or in access to education, or who are under‑represented in education;\n\t(d)\tif the market value of the Fund (not including the value of any amounts paid into the Fund under subsection (3)(b) or (d)) is below the prescribed amount—\n\t(i)\tthe Treasurer must not make any additional payments to the University from the Fund other than—\n\t(A)\tthe payment required under paragraph (b); or\n\t(B)\tin exceptional circumstances as determined by the Treasurer in a particular case; and\n\t(ii)\tany income and accretions from investment of money from the Fund must be applied towards restoring the market value of the Fund to an amount that is of or above the prescribed amount;\n\t(e)\tadministrative costs and other expenses related to the management, operation and investment of the Fund may be paid out from the Fund in accordance with the Fund guidelines.\n43—Funds Advisory Committee\n\t(1)\tThe Funds Advisory Committee is established.\n\t(2)\tThe advisory committee is to consist of up to 5 members of whom—\n\t(a)\tup to 3 members may be appointed by the Treasurer (including 1 member nominated by the Treasurer to be the presiding member of the committee (and that member will preside at meetings of the committee)); and\n\t(b)\tup to 2 members may be appointed by the Council,\non terms and conditions specified in the Fund guidelines.\n\t(3)\tThe advisory committee should, as far as practicable, consist of people who—\n\t(a)\thave experience in education and, in particular, higher education; or\n\t(b)\thave financial management experience or commercial expertise (demonstrated by relevant qualifications or relevant experience at a senior level).\n\t(4)\tThe Fund guidelines may make further provision in relation to the functions of the advisory committee.\n44—Annual report\n\t(1)\tThe Treasurer must, before 30 September in each year, prepare a report on the performance of the Funds established under this Part during the preceding financial year, including information about the income, expenditure and use of the Funds.\n\t(2)\tThe Treasurer must, within 12 sitting days, cause a copy of the report prepared under subsection (1) to be tabled in both Houses of Parliament.\nPart 6—Trusts and other funds\n45—Creation and administration of trust funds and other funds\nSubject to this Act, the University may create and administer—\n\t(a)\ttrust funds; or\n\t(b)\tfunds to be applied towards assisting students of the University who are in necessitous circumstances; or\n\t(c)\tfunds for any other purpose.\n46—Establishment of common funds\n\t(1)\tThe University may establish 1 or more investment common funds for the collective investment of any trust funds and other funds held by or in the custody of the University.\n\t(2)\tWithout liability for breach of trust—\n\t(a)\tthe University may bring into or withdraw from any investment common fund the whole or any part of any trust fund or other fund held by or in the custody of the University; and\n\t(b)\tthe University is taken to hold any investment common fund on behalf of and for the benefit of the common fund instead of the trust fund or other fund held by or in the custody of the University.\n\t(3)\tSubsection (2) applies despite any direction to the contrary, whether express or implied, contained in the trust instrument.\n\t(4)\tThe collective investment of funds under this section does not affect any purpose or purposes for which a particular fund must be applied.\n47—Distribution of income of common funds\n\t(1)\tSubject to subsection (2), the University must, in accordance with the instrument that established the investment common fund, periodically distribute income from each investment common fund among the funds participating in the pool.\n\t(2)\tFrom time to time, the University, if it considers it expedient to do so, may—\n\t(a)\tadd some portion of the income of each investment common fund to the capital of the common fund; or\n\t(b)\testablish a fund or funds as a provision against capital depreciation or reduction in income.\n48—Commissions\n\t(1)\tThe University may periodically deduct an amount (not exceeding an amount determined by the Council of the total funds under management as part of the common fund) as commission for the administration of a common fund.\n\t(2)\tThe rate of commission must not exceed the rate that the Public Trustee would usually charge as a management fee for the administration of a common fund.\n\t(3)\tThe Council must not delegate the power to make a determination under subsection (1).\n\t(4)\tThe commission deducted under subsection (1) is to be received and accepted by the University or fund manager (as the case requires) as full payment for the costs of administration of the common fund.\n\t(5)\tThe University must not make any other charges on a trust fund in addition to the commission received under subsection (4) except in accordance with the trust instrument.\nPart 7—Miscellaneous\n49—Annual report\n\t(1)\tThe Council must, before 30 June in each year, submit to the Minister a report on the operation of the University during the year ending on the preceding 31 December.\n\t(2)\tThe report must include a copy of the audited accounts and financial statements of the University.\n\t(3)\tThe Minister must, within 12 sitting days of receiving a report under this section, cause a copy of the report to be tabled in both Houses of Parliament.\n\t(4)\tThe Council may release or publish a report under this section at any time after the report has been submitted to the Minister under subsection (1).\n50—Audit\nThe accounts and financial statements of the University must be audited in respect of each financial year by the Auditor‑General under the Public Finance and Audit Act 1987.\n51—Indemnities\nThe University must indemnify and keep indemnified—\n\t(a)\teach member of the Council; and\n\t(b)\tany member of a board or committee constituted or appointed by the Council,\nagainst all actions or claims (whether arising during or after the term of office of that member) in respect of any act or thing done or omitted to be done in good faith in the performance or exercise or purported performance or exercise of any function or power conferred by or under this Act—\n\t(c)\ton the Council, board or committee; or\n\t(d)\ton any member of the Council, board or committee.\n52—Exemption from land tax\nAny land in respect of which the University would, but for this section, be liable to pay land tax is exempt from that tax.\n53—Recovery of monetary penalties\nA monetary penalty imposed under a policy, by‑law or statute of the University is a debt due to the University and is recoverable by the University by action in a court of competent jurisdiction.\n54—Regulations\nThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n55—Review of Act\n\t(1)\tThe Minister must, within 12 months after the commencement of this section, cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe Minister must, within 6 sitting days after receiving the report submitted under subsection (1), cause a copy of the report to be laid before each House of Parliament.\nEditorial note—\nSection 55 will come into operation on 30 June 2027.\nSchedule 1—Repeals, amendments, transitional and other provisions\nPart 1—Repeal of Acts\n1—Repeal of Acts\n\t(1)\tThe following Acts are repealed:\n\t(a)\tthe University of Adelaide Act 1971;\n\t(b)\tthe University of South Australia Act 1990.\n\t(2)\tSubclause (1)(a) comes into operation—\n\t(a)\tunless paragraph (b) applies—on 31 March 2026; or\n\t(b)\tif a day is fixed by proclamation made before 31 March 2026—on the day fixed by proclamation (which may be a day occurring after 31 March 2026).\n\t(3)\tSubclause (1)(b) comes into operation—\n\t(a)\tunless paragraph (b) applies—on 31 March 2026; or\n\t(b)\tif a day is fixed by proclamation made before 31 March 2026—on the day fixed by proclamation (which may be a day occurring after 31 March 2026).\n\t(4)\tIf subclause (2)(b) or (3)(b) applies, the Governor may, by subsequent proclamation made before the day fixed by proclamation under the subclause, amend the proclamation to fix a different day for subclause (1)(a) or subclause (1)(b) (as the case may be) to come into operation.\n\t(5)\tA proclamation under subclause (2), (3) or (4) may only be made on the recommendation of the Minister after a request by the Transition Council of Adelaide University established under clause 8.\nPart 2—Amendment of Legal Practitioners Act 1981\n2—Amendment of section 14B—Establishment of LPEAC\n\t(1)\tSection 14B(5)(d)—delete paragraph (d)\n\t(2)\tSection 14B(5)—before paragraph (e) insert:\n\t(da)\tthe Dean (or acting Dean) of the faculty or school of law at Adelaide University; and\n\t(3)\tSection 14B(5)(ea)—delete paragraph (ea)\nPart 3—Amendment of National Wine Centre (Restructuring and Leasing Arrangements) Act 2002\n3—Amendment of dedication of Centre land\nSection 5(1a)—delete \"the University of Adelaide\" and substitute:\nAdelaide University\nPart 4—Amendment of Payroll Tax Act 2009\n4—Amendment of Schedule 2\n\t(1)\tSchedule 2 clause 16—delete \"the University of Adelaide or\"\n\t(2)\tSchedule 2 clause 16—after \"the Flinders University of South Australia\" insert:\nor Adelaide University\nPart 5—Amendment of Road Traffic Act 1961\n5—Amendment of section 175—Evidence\nSection 175(3)(bb)—delete \"the University of Adelaide\" and substitute:\nAdelaide University\nPart 6—Amendment of SACE Board of South Australia Act 1983\n6—Amendment of Schedule 1\n\t(1)\tSchedule 1 clause 1—after paragraph (b) insert:\n\t(ba)\tAdelaide University;\n\t(2)\tSchedule 1 clause 1(c)—delete paragraph (c)\n\t(3)\tSchedule 1 clause 1(e)—delete paragraph (e)\nPart 7—Transitional and other provisions\nDivision 1—Preliminary\n7—Interpretation\n\t(1)\tIn this Part—\nasset means—\n\t(a)\ta present, contingent or future legal or equitable estate or interest in real or personal property; or\n\t(b)\ta present, contingent or future right, power, privilege or immunity, including a present or future cause of action in favour of The University of Adelaide or the University of South Australia;\ncause of action includes a right to bring, defend or participate in legal proceedings;\ncontract means any legally enforceable agreement, arrangement, undertaking or understanding, whether or not in writing, and includes a deed;\ndesignated day means a day declared by the Governor, by proclamation, as the designated day for the purposes of the provision in which the term is used;\ndocument includes a disc, tape or other medium in which information is stored;\ninstrument includes—\n\t(a)\ta legislative instrument;\n\t(b)\ta judgment, order or process of a court;\n\t(c)\ta contract;\n\t(d)\tany other document;\nlegal proceedings includes an arbitration and an administrative proceeding;\nliability means a present, contingent or future liability (arising either at law or in equity) and includes a duty or non-pecuniary obligation;\nprescribed day—see subclause (2);\nprescribed university means The University of Adelaide or the University of South Australia;\ntestamentary disposition includes a surrender or release effected by a testamentary disposition;\nTransition Council means the Transition Council of Adelaide University established under clause 8.\n\t(2)\tFor the purposes of this Part, a reference to the prescribed day for a prescribed university is a reference to—\n\t(a)\tin the case of The University of Adelaide—the day on which the University of Adelaide Act 1971 is repealed under clause 1(a); and\n\t(b)\tin the case of the University of South Australia—the day on which the University of South Australia Act 1990 is repealed under clause 1(b).\n\t(3)\tFor the purposes of this Part, a reference to a contract of a prescribed university includes a reference to an interest in a contract to which the prescribed university is a party.\nDivision 2—Transition Council\n8—Establishment, responsibilities and powers\n\t(1)\tThe Transition Council of Adelaide University is established.\n\t(2)\tThe Transition Council constitutes the governing body of the University until—\n\t(a)\tunless paragraph (b) applies—31 December 2026; or\n\t(b)\ta designated day (which may be a day occurring after 31 December 2026) if that designated day is declared by proclamation made before 31 December 2026.\n\t(3)\tA designated day may only be declared under subclause (2)(b) on the recommendation of the Minister after a request by the Transition Council.\n\t(4)\tOn the day that applies under subclause (2)—\n\t(a)\tthe Transition Council is dissolved; and\n\t(b)\tthe Council of the University constituted under section 14 commences as the governing body of the University.\n\t(5)\tThe Transition Council has the following responsibilities and functions:\n\t(a)\tto oversee the transition from tertiary education and research being provided and conducted by The University of Adelaide or the University of South Australia to being provided and conducted by Adelaide University;\n\t(b)\tto prepare Adelaide University so that it can commence providing courses and other tertiary education programs under this Act and then to continue to act as the governing body of the university until the Council of the University commences as the governing body of the University as contemplated by subclause (4)(b);\n\t(c)\tthe responsibilities and functions—\n\t(i)\tassigned to the Transition Council under the other provisions of this Schedule; or\n\t(ii)\tassigned to the Council of the University under the other provisions of this Act; or\n\t(iii)\tprescribed by regulations under clause 39;\n\t(d)\tto engage with the staff and students of The University of Adelaide and the University of South Australia in exercising its other responsibilities and functions under this subclause.\n\t(6)\tWithout limiting any other provision (but subject to the other provisions of this Schedule)—\n\t(a)\tthe Transition Council may exercise all the powers of the Council of the University under this Act; and\n\t(b)\tuntil the Transition Council is dissolved, a reference to the Council in the other provisions of this Act, other than this Schedule, will be taken to be a reference to the Transition Council (and a reference to a member of the Council will be taken to be a reference to a member of the Transition Council).\n9—Constitution of Transition Council\n\t(1)\tSubject to this clause, the Transition Council will consist of up to 15 persons, being—\n\t(a)\tthe Chancellor (ex officio); and\n\t(b)\tup to 7 members appointed by The University of Adelaide; and\n\t(c)\tup to 7 members appointed by the University of South Australia.\n\t(2)\tA member of the Council of a prescribed university may be appointed under subclause (1).\n\t(3)\tA member of the Council of a prescribed university is not to be taken to have vacated their position on the Council of that university because the potential exists for the duties of the member's 2 offices to be in conflict.\n\t(4)\tIn addition, a member of the Transition Council who is also a member of the Council of a prescribed university will not be in breach of any duty under this Act, or any other Act or law, by virtue of taking action that is relevant to the interests of a prescribed university.\n\t(5)\tSubject to subclauses (6) and (7), a person appointed to the Transition Council will hold office until the Transition Council is dissolved.\n\t(6)\tThe Transition Council may remove a member of the Transition Council from office for—\n\t(a)\tfailure or incapacity to carry out official duties satisfactorily; or\n\t(b)\tfailure, without reasonable excuse, to comply with the Transition Council's requirements in relation to attendance at Transition Council meetings; or\n\t(c)\tconviction of an indictable offence; or\n\t(d)\tbreach of any code of conduct of the University that applies to members of the Transition Council; or\n\t(e)\tserious misconduct; or\n\t(f)\tany other reason that the Transition Council considers to be an appropriate ground for the removal of the member.\n\t(7)\tThe office of a member of the Transition Council becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tresigns by written notice to the Transition Council; or\n\t(c)\tis removed from office under subclause (6); or\n\t(d)\tis disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth.\n\t(8)\tOn the office of a member of the Transition Council becoming vacant under this clause (other than the Chancellor), a person may be appointed to the vacant office—\n\t(a)\tif the appointment is made before the prescribed day for the university that appointed the member—by that university; and\n\t(b)\tif the appointment is made on or after the prescribed day for the university that appointed the member—by the Transition Council.\n\t(9)\tIn addition, if the membership of the Transition Council is less than 15 persons on or after the prescribed day for both universities, the Transition Council may appoint 1 or more persons to the vacant office or offices (as the case may be).\n10—Proceedings at meetings\nDespite section 28, a decision of the Transition Council requires a 60% (or greater) majority of votes cast by members voting on the relevant resolution.\n11—Validity of acts and decisions of Transition Council\nAn act or decision of the Transition Council is not invalid by reason only of a vacancy in its membership or on the ground of a defect in the appointment of a member.\nDivision 3—Chancellor and Deputy Chancellors\n12—Chancellor and Deputy Chancellors\n\t(1)\tThe Chancellor of the Transition Council of the University will be appointed by the University of South Australia after consultation with The University of Adelaide (and section 19(2) will not apply in relation to this appointment).\n\t(2)\tSubject to the operation of clause 9, a person appointed under subclause (1) will hold office until an appointment is made under section 19(2) (which may include an appointment made by the Transition Council exercising the powers of the Council).\n\t(3)\tThe Transition Council must take reasonable steps to make an appointment under section 19(2) before the Transition Council is dissolved.\n\t(4)\tThe Transition Council will initially have 2 Deputy Chancellors appointed from its membership, with 1 being appointed by The University of Adelaide after consultation with the University of South Australia and 1 being appointed by the University of South Australia after consultation with The University of Adelaide.\n\t(5)\tSubject to the operation of clause 9, a person appointed under subclause (4) will also hold office until an appointment is made under section 19(2) (which may include an appointment made by the Transition Council exercising the powers of the Council).\n\t(6)\tThe Transition Council may make other appointments under section 19.\n\t(7)\tA reference to the Chancellor in the other provisions of this Act will be taken to include a reference to the Chancellor appointed under this clause.\n\t(8)\tWhile there are 2 Deputy Chancellors holding office under this clause, section 28(1) will apply—\n\t(a)\tin the case of section 28(1)(b)—as if a reference to the Deputy Chancellor were a reference to a Deputy Chancellor elected by those present at the meeting; and\n\t(b)\tin the case of section 28(1)(c)—as if a reference to the absence of the Deputy Chancellor were a reference to the absence of both Deputy Chancellors.\nDivision 4—Vice Chancellor\n13—Vice Chancellor\n\t(1)\tDespite section 29, the University will initially have 2 co‑Vice Chancellors, with 1 co‑Vice Chancellor being appointed by The University of Adelaide and 1 co‑Vice Chancellor being appointed by the University of South Australia (and in the event of a vacancy in an office under this subclause the relevant prescribed university will make an appointment to fill the vacant office).\n\t(2)\tThe terms and conditions of a person appointed under subclause (1) will be determined by the university making the appointment after consultation with the other university and the Transition Council.\n\t(3)\tA person appointed under subclause (1) will hold office until an appointment is made under section 29 (which may include an appointment made by the Transition Council exercising the powers of the Council).\n\t(4)\tThe Transition Council must take reasonable steps to make an appointment under section 29 before the Transition Council is dissolved.\n\t(5)\tA reference to the Vice Chancellor in the other provisions of this Act will be taken to include a reference to a co‑Vice Chancellor appointed under this clause.\nDivision 5—Transitional Academic Board\n14—Transitional Academic Board\n\t(1)\tThe Transition Council must establish the first Academic Board of the University as soon as it is reasonably practicable after the commencement of this clause.\n\t(2)\tUntil the designated day, the membership of the Academic Board may include staff of the prescribed universities.\nDivision 6—Staff\n15—Transfer by proclamation\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\ttransfer the employment of 1 or more employees of The University of Adelaide, or the University of South Australia, to Adelaide University; and\n\t(b)\tmake transitional or ancillary provisions that may be necessary or expedient in the circumstances.\n\t(2)\tA proclamation under subclause (1) has effect according to its terms.\n\t(3)\tA transfer cannot occur under this clause without consultation with the university that has been the employer of the relevant employee or employees and Adelaide University.\n16—Transfer on repeal of Act\nA person who is an employee of a prescribed university immediately before the prescribed day for the prescribed university becomes, on the prescribed day, an employee of Adelaide University.\n17—Effect of provisions\nA transfer of employment effected under this Division operates by force and operation of this Act and does not depend on a decision or action taken by the prescribed university that employed the person.\n18—Preservation of rights and continuity of employment\n\t(1)\tA transfer of employment effected under this Division—\n\t(a)\tdoes not constitute a breach of the employee's contract of employment; and\n\t(b)\tdoes not affect a term of appointment, remuneration or other conditions of employment.\n\t(2)\tIn addition, where a transfer of employment is effected under this Division—\n\t(a)\tthe employee will be taken to have continuity of service and employment and the transfer will not break continuity of service; and\n\t(b)\tthe employee's existing leave accruals will be recognised by Adelaide University.\n19—Superannuation\n\t(1)\tAdelaide University is, for the purposes of the Superannuation Act 1988, an authority with which the South Australian Superannuation Board may enter into superannuation arrangements.\n\t(2)\tA person whose transfer of employment is effected under clause 15 or 16 and who is, immediately before the transfer of employment, a contributor under the Superannuation Act 1988, will remain a contributor under that Act.\n\t(3)\tAdelaide University is, as the employer of a person to whom subclause (2) refers, liable under the Superannuation Act 1988 for the employer's component—\n\t(a)\tof all entitlements accruing to that person before the transfer of employment; and\n\t(b)\tof all the accrued and accruing entitlements of that person for which The University of Adelaide or the University of South Australia (as the case may be) was liable immediately before that transfer of employment.\n\t(4)\tOn Adelaide University entering into arrangements with the South Australian Superannuation Board, this clause (except for subclause (1)) ceases to have effect.\nDivision 7—Assets, contracts and liabilities\n20—Transfer by proclamation\n\t(1)\tThe Governor may, by proclamation, transfer any assets, contracts or liabilities of a prescribed university to Adelaide University.\n\t(2)\tA proclamation under subclause (1) has effect according to its terms.\n\t(3)\tA transfer cannot occur under this clause without consultation with the relevant prescribed university and Adelaide University.\n21—Transfer on repeal of Act\nAny assets, contracts or liabilities of a prescribed university held by the prescribed university immediately before the prescribed day for the prescribed university become, on the prescribed day, assets, contracts or liabilities of Adelaide University.\n22—Effect of provisions\nThe transfer of any assets, contracts or liabilities under this Division operates by force and operation of this Act and does not depend on a decision or action taken by a prescribed university.\n23—Saving provision\nNothing done under this Division—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law; or\n\t(b)\tconstitutes a breach of, or default under, a contract, agreement, arrangement, undertaking or understanding; or\n\t(c)\tconstitutes a breach of a duty of confidence (whether arising under a contract, in equity or by custom or in any other way); or\n\t(d)\tconstitutes a civil or criminal wrong; or\n\t(e)\t—\n\t(i)\tterminates an agreement or obligation; or\n\t(ii)\tfulfils any condition that allows a person to terminate an agreement or obligation; or\n\t(iii)\tgives rise to, or allows any person to exercise, any other right or remedy; or\n\t(f)\treleases a surety or other obligee wholly or in part from an obligation.\nDivision 8—Students\n24—Transfer by proclamation\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\ttransfer the enrolment of persons as students of The University of Adelaide, or as students of the University of South Australia, to Adelaide University so that they become students of Adelaide University; and\n\t(b)\tmake transitional or ancillary provisions that may be necessary or expedient in the circumstances.\n\t(2)\tA proclamation under subclause (1) has effect according to its terms.\n\t(3)\tA transfer cannot occur under this clause without consultation with the relevant university and Adelaide University.\n25—Transfer on repeal of Act\nA person who is a student of a prescribed university immediately before the prescribed day for the prescribed university becomes, on the prescribed day, a student of Adelaide University.\n26—Effect of provisions\nA transfer effected under this Division operates by force and operation of this Act and does not depend on a decision or action taken by a prescribed university.\n27—Related provision\n\t(1)\tA student subject to the operation of this Division—\n\t(a)\twill receive credit for prior learning with the prescribed university from which the student has been transferred in accordance with the scheme established under subclause (2); and\n\t(b)\twill, if or when they qualify for an award, receive a testamur in accordance with the scheme established under subclause (2).\n\t(2)\tThe University of Adelaide, the University of South Australia and Adelaide University must establish a binding scheme relating to the transfer of students under this Division.\nDivision 9—Official insignia\n28—Official insignia\n\t(1)\tThis clause applies to—\n\t(a)\tthe official insignia of The University of Adelaide under the University of Adelaide Act 1971 immediately before the prescribed day for The University of Adelaide; and\n\t(b)\tthe official insignia of the University of South Australia under the University of South Australia Act 1990 immediately before the prescribed day for the University of South Australia.\n\t(2)\tThe official insignia become, on the prescribed day for the university, official insignia of Adelaide University.\n\t(3)\tSubclause (2) operates without the need for any declaration or other step under this Act.\nDivision 10—Trusts and other instruments\n29—Testamentary trusts, gifts or deeds\n\t(1)\tThe following provisions apply in relation to a reference of the following kinds in any testamentary disposition, gift or trust (whenever made or declared) in existence before the prescribed day for the university:\n\t(a)\ta reference to a prescribed university will be taken to be a reference to Adelaide University;\n\t(b)\ta reference to a relevant entity (past or present) of a prescribed university, will be taken to be a reference to a relevant entity of Adelaide University that most closely corresponds to the relevant entity referred to in the relevant testamentary disposition, gift or trust as determined by the University;\n\t(c)\ta reference to the holder of an office or position (past or present) at a prescribed university will be taken to be a reference to the holder of an office or position at Adelaide University that most closely corresponds to the office or position referred to in the relevant testamentary disposition, gift or trust as determined by the University.\n\t(2)\tA testamentary disposition, gift or trust that is subject to the operation of this clause must be administered in a manner that accords, as far as is reasonably practicable, with the spirit of the original purposes of the disposition, gift or trust.\n\t(3)\tNothing in this clause operates to defeat the intention reflected by the provisions or terms of a testamentary disposition, gift or trust that provide that, should the beneficiary or donee cease to exist, the testamentary disposition, gift or trust was to lapse or was to be in favour of some other person or body.\n\t(4)\tNothing in this clause invalidates the execution, declaration or creation of a testamentary disposition, gift or trust made or effected before the prescribed day.\n\t(5)\tNothing in this clause—\n\t(a)\taffects the operation of any order or determination of a court made before the prescribed day; or\n\t(b)\taffects the operation or validity of an act or decision of an executor or executrix, a donor or person acting on behalf of a donor, or a trustee, lawfully taken or made before the prescribed day.\n\t(6)\tIn this clause—\nrelevant entity means a campus, school, division, faculty, research facility, library, administrative unit or asset (of any description or title) and includes an entity that is substantially similar to such an entity.\n30—Other instruments\n\t(1)\tThis clause does not apply to an instrument under clause 29.\n\t(2)\tA reference to a prescribed university in any contract or instrument transferred under this Schedule will, on the transfer of the contract or instrument, be taken to be a reference to Adelaide University.\n\t(3)\tA reference to a prescribed university in any other instrument will, from the prescribed day for the prescribed university, be taken to be a reference to Adelaide University.\nDivision 11—The Adelaide University Union\n31—The Adelaide University Union\n\t(1)\tThe Governor may, by proclamation made at the request of The Adelaide University Union (AUU)—\n\t(a)\ttransfer any assets, contracts or liabilities of AUU—\n\t(i)\tto another body that is, or is to become, the successor of AUU (whether by the creation of a new entity or an amalgamation, or under the terms of an agreement or arrangement to which AUU is a party); or\n\t(ii)\tto another body that AUU has determined to be an appropriate body to receive or be vested with some or all of the assets, contracts or liabilities of AUU; and\n\t(b)\tmake related or ancillary provisions in connection with a transfer under paragraph (a).\nNote—\nIt is the intention that AUU will merge with the University of South Australia Student Association to form a new student association for Adelaide University pursuant to section 11 of the Act.\n\t(2)\tA proclamation under subclause (1) has effect according to its terms.\n\t(3)\tAny assets, contracts or liabilities of AUU held by AUU immediately before the designated day become, on the designated day, assets, contracts or liabilities of Adelaide University.\nDivision 12—Other provisions\n32—Graduates and award holders\n\t(1)\tA person who has been awarded a degree, diploma, certificate or other award by or in the name of a prescribed university will, for the purposes of this Act, be taken to be a graduate of Adelaide University from the prescribed day for the university.\n\t(2)\tAdelaide University may exercise a power under section 9(1)(c) in relation to an award of a prescribed university after the prescribed day for the university.\n33—Legal proceedings\nAny legal proceedings commenced by or against a prescribed university may, from the prescribed day for the university, be continued by or against Adelaide University.\n34—Successor in law\nFrom the prescribed day for a prescribed university, Adelaide University becomes the successor in law of the university.\n35—Accounting and reporting requirements\nThe obligation that a prescribed university would, had it continued in existence after the prescribed day for the university, have had—\n\t(a)\tto cause financial statements to be audited; or\n\t(b)\tto provide a report or other information,\nis an obligation of Adelaide University from the prescribed day for the university.\n36—Registration authorities\n\t(1)\tThe Registrar‑General or another authority required or authorised by a law of the State to register or record transactions affecting assets or liabilities, or documents relating to such transactions, must, on application under this subclause, register or record in an appropriate manner a transfer or vesting under this Part.\n\t(2)\tNo fee is payable in respect of a transfer or vesting under this Part or an application under this clause.\n37—Exemption from stamp duty\nNo stamp duty is payable in respect of the transfer or vesting of property effected by or pursuant to this Part or in respect of any instrument evidencing that transfer or vesting.\n38—Delegation\nThe ability to delegate a function or power of the Council under section 32 is taken to include an ability for the Transition Council to delegate any of its functions or powers—\n\t(a)\tto an employee of The University of Adelaide or the University of South Australia; or\n\t(b)\tto the holder of a particular office or position in The University of Adelaide or the University of South Australia; or\n\t(c)\tto a committee of The University of Adelaide or the University of South Australia; or\n\t(d)\tto any other body established by The University of Adelaide or the University of South Australia, or jointly by both universities; or\n\t(e)\tto any body established jointly by Adelaide University, The University of Adelaide and the University of South Australia.\n39—Regulations\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nPart 8—Support to establish Adelaide University\n40—Support to establish Adelaide University\n\t(1)\tA prescribed university is authorised (and will be taken to have been authorised) to take steps and to provide resources to facilitate the establishment, and to support the operations, of Adelaide University, including by making available staff, resources and facilities of the prescribed university for the benefit of Adelaide University.\n\t(2)\tWithout limiting subclause (1)—\n\t(a)\tthe Council of a prescribed university must take reasonable steps to support the transition from tertiary education and research being provided and conducted by the prescribed university to tertiary education and research being provided and conducted by Adelaide University under this Act; and\n\t(b)\ta member of the Council of a prescribed university will not be in breach of any duty under the Act under which the Council is constituted, or any other Act or law, if the member—\n\t(i)\tacts for the purposes of paragraph (a); or\n\t(ii)\tsupports the expenditure, application or devolution of any financial or other resources of the prescribed university to support Adelaide University; and\n\t(c)\ta member of the Council of a prescribed university may—\n\t(i)\twork with the Council of the other prescribed university, and with the Transition Council, to support the activities of Adelaide University (including by the sharing of staff, resources, facilities or information); and\n\t(ii)\ttake action that will have the effect of—\n\t(A)\twinding down the operations or reducing the undertaking of the prescribed university; or\n\t(B)\tleading to the dissolution of the prescribed university.\n\t(3)\tIn connection with the operation of subclauses (1) and (2), the prescribed universities and Adelaide University must enter into an agreement that will facilitate the establishment of and transition to Adelaide University and provide support to Adelaide University (to the extent agreed between the 3 universities) as Adelaide University prepares to provide courses and other tertiary education programs.\n\t(4)\tThe following are specifically authorised by this Act for the purposes of section 51(1) of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of South Australia:\n\t(a)\tthe conduct of a prescribed university or Adelaide University in connection with an authorisation under subclause (1);\n\t(b)\tthe conduct of the Council of a prescribed university, and of the members of a Council of a prescribed university, under subclause (2);\n\t(c)\tthe conduct of a prescribed university and Adelaide University in entering into, or giving effect to, an agreement under subclause (3);\n\t(d)\tany other conduct of—\n\t(i)\ta prescribed university or Adelaide University; or\n\t(ii)\tthe Council of a prescribed university or the members of a Council of a prescribed university; or\n\t(iii)\tthe Transition Council or the members of the Transition Council,\nincluding conduct that involves entering into, or giving effect to, agreements, sharing information, or other practices or things, in connection with—\n\t(iv)\tthe establishment of Adelaide University; or\n\t(v)\tproviding support to Adelaide University; or\n\t(vi)\tfacilitating the combining of The University of Adelaide and the University of South Australia.\nLegislative history\nNotes\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n2023\n32\n Adelaide University Act 2023 \n23.11.2023\n14.12.2023 except ss 5 to 11, 14 to 40, 43 to 54 & Sch 1 (cll 1, 4(2), 8 to 28, 30 to 39)—8.3.2024 and except ss 41 & 42—1.7.2024 (Gazette 14.12.2023 p 4133) and except Sch 1 (cll 2, 3, 5, 6 & 29)—1.1.2026 and except Sch 1 (cl 4(1))—31.3.2026 and except s 55—30.6.2027 (Gazette 30.10.2025 p4240)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act does more than simply merge two universities. Beyond legal combination and succession, it creates long‑term State financial commitments (two Crown‑owned perpetual funds with prescribed principal and annual payments: Research Fund $200m and Student Support Fund $120m and mandated annual payments—ss 41–42), grants broad commercial powers to the University (s 8) and establishes detailed governance tools (statutes, by‑laws, fees, penalties—ss 15, 34–37). It also includes fiscal and regulatory reliefs (land tax and stamp duty exemptions—ss 52; Schedule 1 cl 37), and an express competition‑law authorisation for merger‑related co‑operation (Schedule 1, cl 40(4)). Those elements extend the Act’s scope from a narrow corporate merger to a substantial re‑design of institutional funding, commercial capacity and statutory governance, with consequential public fiscal exposure and new administrative architectures for oversight (Treasurer’s guidelines, Funds Advisory Committee, reporting duties—ss 40–44)."},"complexity_factors":["Extensive transitional Schedule 1 with multiple divisions and many proclamation‑triggered events (Schedule 1, cll 1, 8, 15, 20, 24).","Two new perpetual Crown funds with prescribed principal amounts and multi‑year guaranteed payments plus detailed investment and payout rules (Part 5, ss 39–42).","Multiple cross‑references to other legislation (Corporations Act, Superannuation Act, Competition and Consumer Act, Legislative Instruments Act, Public Finance and Audit Act).","Detailed governance architecture with mixed appointment methods, selection committee rules, term limits and removal procedures for Council members (Part 3, ss 14–19).","Broad and partly delegated powers for commercial activity (s 8) coupled with statutory duties and civil recovery for council members (ss 22–27).","Dual regulatory regimes for internal rules: statutes (not Legislative Instruments) and by‑laws (Legislative Instruments requiring Governor confirmation) with differing publication and oversight requirements (ss 34–37).","Numerous protections and exemptions (land tax exemption, stamp duty exemption, Crown ownership of funds, competition law authorisation) scattered through the Act and Schedule (ss 41–44, 52; Sch 1 cl 40(4), cll 36–37).","Complex staff, student and contract transfer mechanics that operate by force of the Act and may override trust instruments or require re‑characterisation of testamentary gifts (Schedule 1, Divisions 6–10).","Significant administrative discretions (Treasurer’s Fund guidelines, Council’s terms of reference and delegations, Governor confirmations and proclamations)."],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a new legal entity, \"Adelaide University\", by combining The University of Adelaide and the University of South Australia (see Object and Schedule 1). The old university Acts are repealed and their staff, students, assets, contracts, liabilities, awards and insignia become those of Adelaide University on the prescribed days (Schedule 1, cll 1, 15–26, 20–23, 28–30).  \n\n- Creates a governance structure for the new university: a Council as the governing body with specified composition, duties and removal mechanisms; a Vice‑Chancellor as chief executive; an Academic Board; and a Transition Council to act as the initial governing body while the new university is established (Part 3 and Schedule 1, Divisions 2–5).  \n\n- Gives the University broad powers to teach, research, commercialise research outcomes, enter commercial arrangements, hold property, form companies and undertake business activities (ss 7–8). The Council may make statutes and the University may make by‑laws regulating behaviour on University grounds with civil and criminal penalties (Parts 4 and 5).  \n\n- Establishes two Crown‑owned perpetual funds to support the new university: the Adelaide University Research Fund and the Adelaide University Student Support Fund, with prescribed initial amounts and guaranteed annual payments during a defined period (Part 5, ss 39–44).  \n\n- Preserves and protects official insignia, makes unlawful commercial use of them without consent, and creates criminal penalties and civil remedies for misuse (ss 12–13).  \n\n- Provides transitional rules to transfer employment, preserve continuity of service and superannuation liabilities, transfer student enrolments and credit for prior learning, vest testamentary gifts and trusts, and deal with other practicalities of combining two universities (Schedule 1, Divisions 6–12).  \n\n- Grants a suite of ancillary provisions: indemnities for Council/committee members, land tax exemption for University land, exemption from stamp duty on transfers under the Schedule, auditing and reporting requirements, power to make regulations and a statutory review of the Act (ss 49–55; Schedule 1, cll 36–37).\n\n**Who is affected\n\n- Staff of the two prescribed universities: their employments transfer to Adelaide University, with continuity of service, preserved terms and preserved superannuation arrangements (Schedule 1, cll 15–19).  \n- Current students: enrolments transfer; they will receive credit for prior study and awards under a binding transfer scheme (Schedule 1, cll 24–27).  \n- Councils, senior officers and committees: new composition rules, duties (care, good faith), conflict‑of‑interest and code‑of‑conduct obligations, removal and civil recovery mechanisms (Part 3, ss 14, 16, 22–27).  \n- The State (Treasurer and Crown): required to provide and manage the Crown funds, to approve fund guidelines and to make annual payments (Part 5, ss 40–44).  \n- Third parties and businesses: subject to protection of the University's official insignia (criminal penalty and injunctive relief) and to by‑laws that can regulate access to University grounds, vehicle use, meetings and impose fines (ss 13, 36–38).  \n\n**Why it matters (purpose claims, then tested against mechanisms and trade‑offs)\n\n- Declared purpose (s 3): the Act aims to create \"a leading ... university of global standing\" by combining two existing South Australian universities. That is the stated objective, but the Act achieves that by building institutional form (governance, powers), funding (two perpetual Crown funds) and transition mechanics (Schedules).  \n\n- Funding and incentives: the Act provides significant, enduring State financial support through two Crown‑owned funds (Adelaide University Research Fund—prescribed amount $200 million; Student Support Fund—$120 million) and mandated annual payments during the prescribed period (s 41(3)–(5); s 42(3)–(5)). Those provisions create a steady revenue stream targeted to research and access/equity programs but leave investment management under the Treasurer and the Superannuation Funds Management Corporation, and subject payouts to preservation of principal (see ss 40–44).  \n\n- Commercial and organisational flexibility: the University is given broad commercial powers (s 8) including the ability to form and hold shares in companies (s 8(2)(f)), enter joint ventures (s 8(2)(g)), and to commercialise research (s 7(g)). These powers incentivise entrepreneurial activity and revenue generation but also shift commercial risk to the University and may require governance capacity on the Council to manage conflicts and financial risk (see ss 16(4), 22–27).  \n\n- Decision‑making and discretion: the Council has wide statutory discretion to set fees, make statutes (which are not Legislative Instruments), make by‑laws (which are Legislative Instruments and need Governor confirmation), delegate powers and impose internal penalties (ss 15, 34–37, 32). This concentrates operational control in the Council and requires the Council to put in place policies (conflict of interest, code of conduct) and appropriate oversight.  \n\n- Implementation complexity and transition risk: the Act relies on a Transition Council, proclamations and binding inter‑university agreements to transfer staff, students, assets and contracts (Schedule 1, cll 8, 15–26, 40). Those mechanisms create legal certainty by operation of the Act (transfers by force of law) but require substantial administrative coordination and consultation; they also permit proclamations that time or stagger key steps.  \n\n- State exposure and accountability: the Crown owns the two Funds and the Treasurer sets Fund guidelines and appoints up to three members of the Funds Advisory Committee (ss 40, 41–44). That creates concentrated fiscal exposure for specific public objectives (research and access) and a statutory reporting obligation for the Treasurer to Parliament on Fund performance (s 44).  \n\n**Costs, incentives and trade‑offs to note (concrete mechanisms)\n\n- Who pays: the Crown (State) funds the two prescribed amounts and annual payments in the prescribed period; the University can also set fees and retain certain fines and commissions (s 15(2)(a); Part 6 on commissions).  \n- Who decides: the Treasurer (fund guidelines and some advisory appointments), the Council (day‑to‑day governance, statutes and by‑laws subject to some confirmation), and the Transition Council during the establishment phase (ss 8 (Schedule); 40–44; 34–37).  \n- Concentrated benefit/diffuse cost: state funding and statutory protection (insignia, tax exemptions) are focused benefits to the new University; the cost is borne by the public purse and, indirectly, by taxpayers, with parliamentary oversight through reporting and review clauses (s 44, s 55).  \n- Regulatory and commercial risk: broad powers to commercialise and to create companies (ss 7(g), 8(2)(f)–(g)) can generate revenue but create governance and conflict‑of‑interest risks that the Council must manage (ss 22–26).  \n- Competition law carve‑out: the Act expressly authorises conduct connected with establishing and supporting Adelaide University that might otherwise engage competition law (Schedule 1, cl 40(4)); that reduces legal risk for co‑operation between the merging bodies but narrows the scope for challenge to that conduct.  \n\n**Implementation, compliance and bureaucratic discretion risks\n\n- Many critical transitions are by proclamation and dependent on consultative steps (Schedule 1, cll 15, 20, 24, 1(2)–(5)), creating operational discretion and phasing risk.  \n- The Treasurer’s Fund guidelines (s 40) and the Council’s statutes/by‑laws (ss 34–37) will shape how funds are spent and how the University regulates its campus—these are policy levers outside the primary Act and determine practical outcomes.  \n\n**Practical consequences for ordinary participants\n\n- Staff retain continuity of employment, terms and superannuation (Schedule 1, cll 18–19).  \n- Students will transfer automatically and are entitled to credit for prior learning under an agreed scheme (Schedule 1, cll 24–27).  \n- External businesses must get written consent to use insignia in trade and may be fined for unauthorised commercial use (s 13).  \n\n**Key cross‑references that will matter for implementation**: Corporations Act (Council member disqualification), Superannuation Act, Competition and Consumer Act (authorisation), Legislative Instruments Act (treatment of statutes and by‑laws), and the Auditor‑General/Public Finance Acts (audit/reporting)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Insufficient data to assess whether the Act's scope changed from its original intent — the legislative text was inaccessible. Based on title and known policy context, no scope change can be confirmed or denied."},"complexity_factors":["University establishment legislation typically involves complex governance structures with multiple bodies and overlapping roles","Merger-related provisions require detailed transitional arrangements for staff, assets, liabilities, and contracts","Interaction with Commonwealth higher education funding and regulatory frameworks (TEQSA, Higher Education Support Act)","Student rights and continuity of enrolment provisions can be technically complex","Likely includes significant regulation-making powers delegated to the Executive, adding layers of subsidiary law","Actual legislative text was unavailable for analysis, introducing uncertainty into this assessment"],"plain_english_summary":"**Note: The actual text of the Adelaide University Act 2023 could not be retrieved** — the link provided returned a 'Page Not Found' error from the South Australian legislation website.\n\nBased on the title alone, this Act likely establishes **Adelaide University** as a new legal entity — probably through the **merger of the University of Adelaide and the University of South Australia**, which was a major policy initiative announced by the South Australian Government. Such legislation typically:\n\n- **Creates a new university** as a body corporate (a legally recognised organisation that can own property, enter contracts, and sue or be sued)\n- **Sets out the university's governance structure** — including a governing council, its composition, and how it operates\n- **Transfers assets, staff, and students** from the predecessor institutions to the new entity\n- **Defines the university's objects and functions** — such as teaching, research, and community engagement\n- **Establishes accountability mechanisms** — like reporting requirements to the Minister\n\n**Who does this affect?**\n- Students at the University of Adelaide and UniSA\n- Staff at both universities\n- Research partners, industry collaborators, and donors\n- The broader South Australian community relying on higher education\n\n⚠️ *This summary is based on the Act's title and known policy context only — not the actual legislative text. For accurate details, check the SA legislation website directly or contact [OPCWeb@sa.gov.au](mailto:OPCWeb@sa.gov.au).*"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing Adelaide University through the merger of two existing universities. While the Act is lengthy due to comprehensive transitional protections and consequential amendments to other Acts, these provisions directly support the core merger objective rather than expanding into unrelated policy areas."},"complexity_factors":["Extensive transitional provisions (Schedule 1, Part 7) with multiple divisions handling staff transfers, asset transfers, student transfers, and trust conversions","Dual governance structure during transition period (Transition Council vs permanent Council) with overlapping but distinct powers","Multiple commencement dates and conditional triggers (proclamations, prescribed days, designated days) creating a staggered implementation timeline","Cross-references to Commonwealth legislation (Corporations Act 2001, Competition and Consumer Act 2010, Superannuation Act 1988) and other South Australian Acts","Conditional investment fund mechanics with market value thresholds, prescribed periods, and exceptional circumstances provisions (sections 41-42)","Complex succession provisions for trusts, wills, and legal instruments (clauses 29-30) with 'most closely corresponds' tests and spirit-of-purpose requirements","Nested exceptions and savings provisions (clause 23) protecting against breach of contract, confidence, or duty during transfers","Specific quorum and voting rules for Transition Council (60% majority) differing from standard Council rules","Dual Vice Chancellor arrangement during transition with specific appointment mechanics"],"plain_english_summary":"**What this legislation does:**\n\nThis Act creates a brand new university called **Adelaide University** by merging two existing South Australian universities—The University of Adelaide and the University of South Australia. It repeals (cancels) the old laws that established those two universities and sets up the legal framework for how the new university will operate.\n\n**Who it affects:**\n\n- **Students** of both existing universities (they automatically become students of the new university)\n- **Staff** (academic and professional employees transfer to the new university with their jobs, pay, and leave entitlements protected)\n- **Graduates** (people who already have degrees from the old universities are treated as graduates of the new university)\n- **The broader community** (the new university has obligations to serve South Australian, national, and international communities)\n- **Donors and trust holders** (gifts, wills, and trusts originally intended for the old universities now go to the new one)\n\n**Key features:**\n\n- **Governance:** Establishes a **Council** (the governing body) with up to 15 members including the Chancellor, Vice Chancellor, staff representatives, student representatives, and external appointees. There's also a temporary **Transition Council** to manage the merger process until the permanent Council takes over.\n- **Leadership:** Initially, there will be two co-Vice Chancellors (one from each old university) until a single Vice Chancellor is appointed.\n- **Funding:** Creates two major investment funds—a **$200 million Research Fund** and a **$120 million Student Support Fund**—to support research and help disadvantaged students access education.\n- **Powers:** The university can grant degrees, employ staff, own property, enter contracts, make statutes (internal laws), and create by-laws for campus conduct (including parking rules and behaviour standards).\n- **Protections:** Staff keep their existing employment conditions, superannuation (retirement savings) arrangements continue, and students get credit for prior study.\n\n**Why it matters:**\n\nThis is one of the most significant higher education reforms in South Australia's history. It dissolves two century-old institutions to create a single new university intended to be more globally competitive, while protecting the rights of existing students and staff during the transition."}},"importantCases":[],"_links":{"self":"/api/acts/adelaide-university-act-2023","history":"/api/acts/adelaide-university-act-2023/history","analysis":"/api/acts/adelaide-university-act-2023/analysis","conflicts":"/api/acts/adelaide-university-act-2023/conflicts","importantCases":"/api/acts/adelaide-university-act-2023/important-cases","documents":"/api/acts/adelaide-university-act-2023/documents"}}