{"id":"qld:act-2007-013","name":"Australian Catholic University (Queensland) Act 2007","slug":"australian-catholic-university-queensland-act-2007","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"13 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30234,"registerId":"qld-act-2007-013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Australian Catholic University (Queensland) Act 2007 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purposes","content":"### sec.3 Main purposes\n\nThe main purposes of this Act are to—\nrecognise the Australian Catholic University as a university; and\nfacilitate its operation in Queensland.\n- (a) recognise the Australian Catholic University as a university; and\n- (b) facilitate its operation in Queensland.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"The university","content":"# The university","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Recognition as a university","content":"### sec.4 Recognition as a university\n\nThe Australian Catholic University is recognised as a university in Queensland.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Independence of the university","content":"### sec.5 Independence of the university\n\nIn relation to the provision of education by the university, the senate—\nis solely responsible for, and has authority over, the provision of the education; and\nis not subject to the direction of any person.\n- (a) is solely responsible for, and has authority over, the provision of the education; and\n- (b) is not subject to the direction of any person.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Use of name ‘Australian Catholic University’","content":"### sec.6 Use of name ‘Australian Catholic University’\n\nThe university and the senate are authorised to use the name ‘Australian Catholic University’ in relation to the conduct of the university, including in the discharge of the university’s function under section 7 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Function of conferring awards","content":"### sec.7 Function of conferring awards\n\nIt is a function of the university to confer higher education awards.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Investment common funds","content":"# Investment common funds","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Establishment of investment common funds","content":"### sec.8 Establishment of investment common funds\n\nThe university may establish 1 or more investment common funds for the collective investment of funds belonging to or vested in the university.\nThe university may add funds to, or withdraw funds from, an investment common fund, without incurring any liability for breach of trust.\n(sec.8-ssec.1) The university may establish 1 or more investment common funds for the collective investment of funds belonging to or vested in the university.\n(sec.8-ssec.2) The university may add funds to, or withdraw funds from, an investment common fund, without incurring any liability for breach of trust.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Income of investment common funds","content":"### sec.9 Income of investment common funds\n\nThe university must periodically distribute the income of an investment common fund among each fund forming the investment common fund (a component fund ), having regard to the share of each component fund in the investment common fund during the period in which the income is derived.\nDespite subsection (1) , the university may—\nadd a part of the income of the investment common fund to the fund’s capital; or\nuse a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.\n(sec.9-ssec.1) The university must periodically distribute the income of an investment common fund among each fund forming the investment common fund (a component fund ), having regard to the share of each component fund in the investment common fund during the period in which the income is derived.\n(sec.9-ssec.2) Despite subsection (1) , the university may— add a part of the income of the investment common fund to the fund’s capital; or use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.\n- (a) add a part of the income of the investment common fund to the fund’s capital; or\n- (b) use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Funds added to investment common fund","content":"### sec.10 Funds added to investment common fund\n\nIf a component fund adds funds to an investment common fund—\nthe university is taken to hold the funds for the benefit of the investment common fund; and\nfor funds other than money—the component fund is taken to have added to the investment common fund an amount equivalent to the value attributed by the university to the added funds at the time the funds were added.\nIf a component fund stops forming part of an investment common fund, the amount to be withdrawn from the investment common fund is an amount equivalent to the value attributed by the university to the equity in the investment common fund of the component fund at the time of the withdrawal.\n(sec.10-ssec.1) If a component fund adds funds to an investment common fund— the university is taken to hold the funds for the benefit of the investment common fund; and for funds other than money—the component fund is taken to have added to the investment common fund an amount equivalent to the value attributed by the university to the added funds at the time the funds were added.\n(sec.10-ssec.2) If a component fund stops forming part of an investment common fund, the amount to be withdrawn from the investment common fund is an amount equivalent to the value attributed by the university to the equity in the investment common fund of the component fund at the time of the withdrawal.\n- (a) the university is taken to hold the funds for the benefit of the investment common fund; and\n- (b) for funds other than money—the component fund is taken to have added to the investment common fund an amount equivalent to the value attributed by the university to the added funds at the time the funds were added.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Trust funds","content":"### sec.11 Trust funds\n\nThe inclusion of trust funds in an investment common fund does not affect a trust to which the trust funds, or amounts attributed to the trust funds, are subject.\nThe power of the university to include trust funds in an investment common fund is subject to an express direction in, or express condition of, the trust.\n(sec.11-ssec.1) The inclusion of trust funds in an investment common fund does not affect a trust to which the trust funds, or amounts attributed to the trust funds, are subject.\n(sec.11-ssec.2) The power of the university to include trust funds in an investment common fund is subject to an express direction in, or express condition of, the trust.","sortOrder":13},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"No religious discrimination","content":"### sec.12 No religious discrimination\n\nThe Anti-Discrimination Act 1991 , section 41 , does not apply to allow the university to discriminate in the area of education by excluding an applicant for admission as a student who is not of a particular religion.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Liability of the State","content":"### sec.13 Liability of the State\n\nThe State is not liable to any action, claim, demand or liability arising from the enactment or operation of this Act or from anything done by the university under this Act.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 sub 2008 No. 25 s 164 sch 1\nom 2014 No. 25 s 223 sch 1 pt 2","sortOrder":17}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its two stated purposes: recognising ACU as a university and facilitating its Queensland operations. The investment common fund provisions are a standard feature of university enabling legislation in Australia. The omission of section 14 (via 2014 amendment) reduced scope slightly but did not alter the core purpose."},"complexity_factors":["Investment common fund provisions involve layered financial and trust law concepts that require careful reading","Interaction with external legislation (Anti-Discrimination Act 1991) requires cross-referencing to fully understand","Trust law implications in section 11 add a layer of legal nuance not immediately obvious to lay readers","Section 14 was substituted and then omitted, creating a minor gap in the visible text that could cause confusion"],"plain_english_summary":"This Act formally recognises the Australian Catholic University as a university in Queensland and sets the basic legal framework for its operations, affecting ACU, its students, and the Queensland Government. It confirms ACU’s academic autonomy, allows pooled investment funds while protecting donors’ trust purposes, and bars ACU from refusing admission on religious grounds.\n\nThe Act also protects the Queensland Government from liability for acts done under it."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act's operative provisions align with its stated main purposes to recognise the university and facilitate its operation (sec 3). No text in the supplied instrument indicates expansion beyond that stated scope."},"complexity_factors":["Concise statutory structure but multiple legal regimes intersect (education governance; trust and investment law; anti‑discrimination law; State immunity). (secs 4–5, 8–11, 12, 13)","Investment common funds create valuation, income‑allocation and capital‑preservation mechanics that require administrative rules and accounting (secs 8–10).","Interaction with trust obligations: inclusion of trust funds subject to express trust directions preserves existing trust duties and may need trustee decisions and recordkeeping (sec 11).","Senate autonomy clause grants internal governance discretion that could produce disputes about operational limits of that authority (sec 5).","Exemption from the Anti‑Discrimination Act (s 41) for certain admissions decisions introduces legal interpretation risk about scope and application (sec 12).","State immunity from liability for enactment or operation of the Act narrows remedies and shifts enforcement incentives (sec 13)."],"plain_english_summary":"This Act formally recognises the Australian Catholic University as a university in Queensland and authorises it to operate, confer higher‑education awards and use its name. It lets the university pool and manage component funds in collective investment vehicles, confirms senate control over educational provision, creates a narrow exception to a religious‑discrimination rule for admissions, and excludes State liability for acts under the Act."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: recognising ACU as a university and facilitating its Queensland operations. The investment common funds provisions (Part 3) appear to be original machinery provisions rather than later additions, serving the operational needs of a university managing multiple funding sources."},"complexity_factors":["Short statute with only 13 operative sections (excluding repealed provisions)","Minimal defined terms — relies on a dictionary in the schedule (not provided in extract)","Straightforward structure: preliminary matters, core recognition, investment mechanics, miscellaneous","Some conditional logic in investment sections (Sections 8–11) regarding trust funds and valuation, but not deeply nested","Single cross-reference to Anti-Discrimination Act 1991","No exceptions to exceptions or heavily qualified operative provisions"],"plain_english_summary":"This Queensland law formally recognises the Australian Catholic University (ACU) as a legitimate university and sets the rules for how it operates in that state.\n\n**What it does:**\n- **Recognises ACU as a university** (Section 4), giving it official status in Queensland\n- **Protects its independence** (Section 5) — the university's governing body (the senate) controls education provision without government interference\n- **Authorises the university name** (Section 6) — ACU can legally use its name\n- **Allows it to grant degrees** (Section 7) — confirms ACU can award higher education qualifications\n- **Sets up investment rules** (Sections 8–11) — lets ACU pool money from different funds into \"investment common funds\" for collective investment, with special protections for trust funds\n- **Bans religious discrimination in admissions** (Section 12) — ACU cannot exclude students based on religion (overriding a general exemption in Queensland's anti-discrimination law)\n- **Protects the Queensland Government** (Section 13) — the State isn't liable for anything the university does under this law\n\n**Who it affects:**\n- Australian Catholic University and its students\n- Anyone holding trust funds managed by the university\n- The Queensland Government\n\n**Why it matters:**\nWithout this law, ACU couldn't legally operate as a university in Queensland or award recognised degrees. The investment provisions let the university manage its finances efficiently, while the anti-discrimination clause ensures open access to education regardless of religious background."}},"importantCases":[],"_links":{"self":"/api/acts/australian-catholic-university-queensland-act-2007","history":"/api/acts/australian-catholic-university-queensland-act-2007/history","analysis":"/api/acts/australian-catholic-university-queensland-act-2007/analysis","conflicts":"/api/acts/australian-catholic-university-queensland-act-2007/conflicts","importantCases":"/api/acts/australian-catholic-university-queensland-act-2007/important-cases","documents":"/api/acts/australian-catholic-university-queensland-act-2007/documents"}}