{"id":"C2004A04206","name":"Australian National University Act 1991","slug":"australian-national-university-act-1991","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"131 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":51386,"registerId":"commonwealth-C2004A04206-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on 1 January 1992.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Australian National University","content":"An Act to amend the constitution of the Australian National University and create within it a new institute to replace the Canberra Institute of the Arts, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 1992.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.\n\n## Part 2—The Australian National University\n\n### Division 1—Establishment of the University\n\n#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.\n\n#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.\n\n#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.\n\n#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.\n\n#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.\n\n#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.\n\n### Division 2—The Council\n\n#### 8 The Council\n\n  The governing authority of the University is the Council.\n\n#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.\n\n#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.\n\n#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.\n\n#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.\n\n#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.\n\n#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n### Division 3—The Institute of Advanced Studies\n\n#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.\n\n### Division 5—Convocation\n\n#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.\n\n#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.\n\n### Division 6—Senior officers of the University\n\n#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.\n\n#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 7—Miscellaneous\n\n#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.\n\n#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.\n\n#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.\n\n## Part 3—Financial matters\n\n### Division 1—Fees\n\n#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.\n\n### Division 2—Finances of the University\n\n#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.\n\n#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.\n\n#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.\n\n## Part 4—Statutes\n\n#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.\n\n#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.\n\n#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.\n\n## Part 5—Consequential and transitional provisions\n\n### Division 1—Preliminary\n\n#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.\n\n### Division 2—Repeal\n\n#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.\n\n### Division 3—General\n\n#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.\n\n#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.\n\n#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).\n\n#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.\n\n#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.\n\n#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.\n\n#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.\n\n#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.\n\n#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.\n\n#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.\n\n#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.\n\n#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Establishment of the University","content":"An Act to amend the constitution of the Australian National University and create within it a new institute to replace the Canberra Institute of the Arts, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 1992.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.\n\n## Part 2—The Australian National University\n\n### Division 1—Establishment of the University\n\n#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.\n\n#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.\n\n#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.\n\n#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.\n\n#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.\n\n#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.\n\n### Division 2—The Council\n\n#### 8 The Council\n\n  The governing authority of the University is the Council.\n\n#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.\n\n#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.\n\n#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.\n\n#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.\n\n#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.\n\n#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n### Division 3—The Institute of Advanced Studies\n\n#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.\n\n### Division 5—Convocation\n\n#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.\n\n#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.\n\n### Division 6—Senior officers of the University\n\n#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.\n\n#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 7—Miscellaneous\n\n#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.\n\n#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.\n\n#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.\n\n## Part 3—Financial matters\n\n### Division 1—Fees\n\n#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.\n\n### Division 2—Finances of the University\n\n#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.\n\n#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.\n\n#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.\n\n## Part 4—Statutes\n\n#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.\n\n#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.\n\n#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.\n\n## Part 5—Consequential and transitional provisions\n\n### Division 1—Preliminary\n\n#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.\n\n### Division 2—Repeal\n\n#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.\n\n### Division 3—General\n\n#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.\n\n#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.\n\n#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).\n\n#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.\n\n#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.\n\n#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.\n\n#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.\n\n#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.\n\n#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.\n\n#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.\n\n#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.\n\n#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of the University","content":"#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"Application of the Public Governance, Performance and Accountability Act 2013","content":"#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.","sortOrder":7},{"sectionNumber":"4B","sectionType":"section","heading":"University’s reporting period starts on 1 January","content":"#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Functions of the University","content":"#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Powers of the University","content":"#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Organisation of the University","content":"#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"The Council","content":"An Act to amend the constitution of the Australian National University and create within it a new institute to replace the Canberra Institute of the Arts, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 1992.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.\n\n## Part 2—The Australian National University\n\n### Division 1—Establishment of the University\n\n#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.\n\n#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.\n\n#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.\n\n#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.\n\n#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.\n\n#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.\n\n### Division 2—The Council\n\n#### 8 The Council\n\n  The governing authority of the University is the Council.\n\n#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.\n\n#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.\n\n#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.\n\n#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.\n\n#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.\n\n#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n### Division 3—The Institute of Advanced Studies\n\n#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.\n\n### Division 5—Convocation\n\n#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.\n\n#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.\n\n### Division 6—Senior officers of the University\n\n#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.\n\n#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 7—Miscellaneous\n\n#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.\n\n#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.\n\n#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.\n\n## Part 3—Financial matters\n\n### Division 1—Fees\n\n#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.\n\n### Division 2—Finances of the University\n\n#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.\n\n#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.\n\n#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.\n\n## Part 4—Statutes\n\n#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.\n\n#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.\n\n#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.\n\n## Part 5—Consequential and transitional provisions\n\n### Division 1—Preliminary\n\n#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.\n\n### Division 2—Repeal\n\n#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.\n\n### Division 3—General\n\n#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.\n\n#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.\n\n#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).\n\n#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.\n\n#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.\n\n#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.\n\n#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.\n\n#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.\n\n#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.\n\n#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.\n\n#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.\n\n#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"The Council","content":"#### 8 The Council\n\n  The governing authority of the University is the Council.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Powers of Council","content":"#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Constitution of Council","content":"#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Qualifications for membership of Council","content":"#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Meetings of Council","content":"#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Resolutions without meetings","content":"#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Vacation of office","content":"#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Casual vacancies","content":"#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Delegation to member of Council etc.","content":"#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Delegation to committee of Council","content":"#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).","sortOrder":22},{"sectionNumber":"Division 3","sectionType":"division","heading":"The Institute of Advanced Studies","content":"An Act to amend the constitution of the Australian National University and create within it a new institute to replace the Canberra Institute of the Arts, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 1992.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.\n\n## Part 2—The Australian National University\n\n### Division 1—Establishment of the University\n\n#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.\n\n#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.\n\n#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.\n\n#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.\n\n#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.\n\n#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.\n\n### Division 2—The Council\n\n#### 8 The Council\n\n  The governing authority of the University is the Council.\n\n#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.\n\n#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.\n\n#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.\n\n#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.\n\n#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.\n\n#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n### Division 3—The Institute of Advanced Studies\n\n#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.\n\n### Division 5—Convocation\n\n#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.\n\n#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.\n\n### Division 6—Senior officers of the University\n\n#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.\n\n#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 7—Miscellaneous\n\n#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.\n\n#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.\n\n#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.\n\n## Part 3—Financial matters\n\n### Division 1—Fees\n\n#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.\n\n### Division 2—Finances of the University\n\n#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.\n\n#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.\n\n#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.\n\n## Part 4—Statutes\n\n#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.\n\n#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.\n\n#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.\n\n## Part 5—Consequential and transitional provisions\n\n### Division 1—Preliminary\n\n#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.\n\n### Division 2—Repeal\n\n#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.\n\n### Division 3—General\n\n#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.\n\n#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.\n\n#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).\n\n#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.\n\n#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.\n\n#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.\n\n#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.\n\n#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.\n\n#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.\n\n#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.\n\n#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.\n\n#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Constitution of the Institute","content":"#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.","sortOrder":24},{"sectionNumber":"Division 5","sectionType":"division","heading":"Convocation","content":"An Act to amend the constitution of the Australian National University and create within it a new institute to replace the Canberra Institute of the Arts, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 1992.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.\n\n## Part 2—The Australian National University\n\n### Division 1—Establishment of the University\n\n#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.\n\n#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.\n\n#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.\n\n#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.\n\n#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.\n\n#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.\n\n### Division 2—The Council\n\n#### 8 The Council\n\n  The governing authority of the University is the Council.\n\n#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.\n\n#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.\n\n#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.\n\n#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.\n\n#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.\n\n#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n### Division 3—The Institute of Advanced Studies\n\n#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.\n\n### Division 5—Convocation\n\n#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.\n\n#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.\n\n### Division 6—Senior officers of the University\n\n#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.\n\n#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 7—Miscellaneous\n\n#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.\n\n#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.\n\n#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.\n\n## Part 3—Financial matters\n\n### Division 1—Fees\n\n#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.\n\n### Division 2—Finances of the University\n\n#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.\n\n#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.\n\n#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.\n\n## Part 4—Statutes\n\n#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.\n\n#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.\n\n#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.\n\n## Part 5—Consequential and transitional provisions\n\n### Division 1—Preliminary\n\n#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.\n\n### Division 2—Repeal\n\n#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.\n\n### Division 3—General\n\n#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.\n\n#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.\n\n#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).\n\n#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.\n\n#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.\n\n#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.\n\n#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.\n\n#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.\n\n#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.\n\n#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.\n\n#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.\n\n#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":25},{"sectionNumber":"30","sectionType":"section","heading":"Constitution of Convocation","content":"#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.","sortOrder":26},{"sectionNumber":"31","sectionType":"section","heading":"Quorum at meetings of Convocation","content":"#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.","sortOrder":27},{"sectionNumber":"Division 6","sectionType":"division","heading":"Senior officers of the University","content":"An Act to amend the constitution of the Australian National University and create within it a new institute to replace the Canberra Institute of the Arts, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 1992.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.\n\n## Part 2—The Australian National University\n\n### Division 1—Establishment of the University\n\n#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.\n\n#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.\n\n#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.\n\n#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.\n\n#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.\n\n#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.\n\n### Division 2—The Council\n\n#### 8 The Council\n\n  The governing authority of the University is the Council.\n\n#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.\n\n#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.\n\n#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.\n\n#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.\n\n#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.\n\n#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n### Division 3—The Institute of Advanced Studies\n\n#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.\n\n### Division 5—Convocation\n\n#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.\n\n#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.\n\n### Division 6—Senior officers of the University\n\n#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.\n\n#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 7—Miscellaneous\n\n#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.\n\n#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.\n\n#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.\n\n## Part 3—Financial matters\n\n### Division 1—Fees\n\n#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.\n\n### Division 2—Finances of the University\n\n#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.\n\n#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.\n\n#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.\n\n## Part 4—Statutes\n\n#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.\n\n#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.\n\n#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.\n\n## Part 5—Consequential and transitional provisions\n\n### Division 1—Preliminary\n\n#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.\n\n### Division 2—Repeal\n\n#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.\n\n### Division 3—General\n\n#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.\n\n#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.\n\n#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).\n\n#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.\n\n#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.\n\n#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.\n\n#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.\n\n#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.\n\n#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.\n\n#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.\n\n#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.\n\n#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Chancellor","content":"#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Pro‑Chancellor","content":"#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Vice‑Chancellor","content":"#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.","sortOrder":31},{"sectionNumber":"35","sectionType":"section","heading":"Deputy Vice‑Chancellor","content":"#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.","sortOrder":32},{"sectionNumber":"37","sectionType":"section","heading":"Acting appointments","content":"#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.","sortOrder":33},{"sectionNumber":"Division 7","sectionType":"division","heading":"Miscellaneous","content":"An Act to amend the constitution of the Australian National University and create within it a new institute to replace the Canberra Institute of the Arts, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 1992.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.\n\n## Part 2—The Australian National University\n\n### Division 1—Establishment of the University\n\n#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.\n\n#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.\n\n#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.\n\n#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.\n\n#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.\n\n#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.\n\n### Division 2—The Council\n\n#### 8 The Council\n\n  The governing authority of the University is the Council.\n\n#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.\n\n#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.\n\n#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.\n\n#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.\n\n#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.\n\n#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n### Division 3—The Institute of Advanced Studies\n\n#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.\n\n### Division 5—Convocation\n\n#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.\n\n#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.\n\n### Division 6—Senior officers of the University\n\n#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.\n\n#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 7—Miscellaneous\n\n#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.\n\n#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.\n\n#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.\n\n## Part 3—Financial matters\n\n### Division 1—Fees\n\n#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.\n\n### Division 2—Finances of the University\n\n#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.\n\n#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.\n\n#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.\n\n## Part 4—Statutes\n\n#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.\n\n#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.\n\n#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.\n\n## Part 5—Consequential and transitional provisions\n\n### Division 1—Preliminary\n\n#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.\n\n### Division 2—Repeal\n\n#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.\n\n### Division 3—General\n\n#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.\n\n#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.\n\n#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).\n\n#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.\n\n#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.\n\n#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.\n\n#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.\n\n#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.\n\n#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.\n\n#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.\n\n#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.\n\n#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":34},{"sectionNumber":"38","sectionType":"section","heading":"Execution of contracts","content":"#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.","sortOrder":35},{"sectionNumber":"39","sectionType":"section","heading":"Validity of acts and proceedings","content":"#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.","sortOrder":36},{"sectionNumber":"40","sectionType":"section","heading":"Religious test not to be administered","content":"#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.","sortOrder":37},{"sectionNumber":"Part 3","sectionType":"part","heading":"Financial matters","content":"An Act to amend the constitution of the Australian National University and create within it a new institute to replace the Canberra Institute of the Arts, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 1992.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.\n\n## Part 2—The Australian National University\n\n### Division 1—Establishment of the University\n\n#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.\n\n#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.\n\n#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.\n\n#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.\n\n#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.\n\n#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.\n\n### Division 2—The Council\n\n#### 8 The Council\n\n  The governing authority of the University is the Council.\n\n#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.\n\n#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.\n\n#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.\n\n#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.\n\n#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.\n\n#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n### Division 3—The Institute of Advanced Studies\n\n#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.\n\n### Division 5—Convocation\n\n#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.\n\n#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.\n\n### Division 6—Senior officers of the University\n\n#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.\n\n#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 7—Miscellaneous\n\n#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.\n\n#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.\n\n#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.\n\n## Part 3—Financial matters\n\n### Division 1—Fees\n\n#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.\n\n### Division 2—Finances of the University\n\n#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.\n\n#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.\n\n#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.\n\n## Part 4—Statutes\n\n#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.\n\n#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.\n\n#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.\n\n## Part 5—Consequential and transitional provisions\n\n### Division 1—Preliminary\n\n#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.\n\n### Division 2—Repeal\n\n#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.\n\n### Division 3—General\n\n#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.\n\n#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.\n\n#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).\n\n#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.\n\n#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.\n\n#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.\n\n#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.\n\n#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.\n\n#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.\n\n#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.\n\n#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.\n\n#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Fees","content":"#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Application of fees and other money","content":"#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Borrowing","content":"#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.","sortOrder":43},{"sectionNumber":"48","sectionType":"section","heading":"Taxation","content":"#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.","sortOrder":44},{"sectionNumber":"Part 4","sectionType":"part","heading":"Statutes","content":"## Part 4—Statutes","sortOrder":45},{"sectionNumber":"50","sectionType":"section","heading":"Statutes","content":"#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.","sortOrder":46},{"sectionNumber":"51","sectionType":"section","heading":"Statutes relating to traffic","content":"#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.","sortOrder":47},{"sectionNumber":"52","sectionType":"section","heading":"Statutes to be published","content":"#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.","sortOrder":48},{"sectionNumber":"Part 5","sectionType":"part","heading":"Consequential and transitional provisions","content":"An Act to amend the constitution of the Australian National University and create within it a new institute to replace the Canberra Institute of the Arts, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian National University Act 1991.\n\n#### 2 Commencement\n\n  This Act commences on 1 January 1992.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).\n\n> academic staff of the Institute means the persons who are to be regarded as members of the academic staff of the Institute because of Statutes made under paragraph 50(2)(d).\n\n> Arts Institute means the Canberra Institute of the Arts established by the Arts Institute Ordinance.\n\n> Arts Institute Ordinance means the Canberra Institute of the Arts Ordinance 1988.\n\n> certificate holder, in relation to an institution, means a person who has been awarded a certificate by the institution.\n\n> Chancellor means the Chancellor of the University appointed under section 32.\n\n> commencement means the commencement of this Act.\n\n> Council means the Council referred to in section 8.\n\n> dean means the head, by whatever name called, of any faculty.\n\n> Deputy Vice‑Chancellor means a Deputy Vice‑Chancellor of the University appointed under section 35.\n\n> elect includes re‑elect.\n\n> executive office means:\n\n    (a) the office of Vice‑Chancellor; or\n    (b) the office or offices of Deputy Vice‑Chancellor.\n\n> ex officio member, in relation to the Council, means:\n\n    (a) the Chancellor; or\n    (c) the Vice‑Chancellor.\n\n> general staff means members of the staff of the University other than:\n\n    (a) the holders of the executive offices;\n    (b) the academic staff of the Institute; and\n    (c) the academic staff of The Faculties.\n\n> Institute means the Institute of Advanced Studies referred to in paragraph 7(1)(a).\n\n> Nominations Committee of Council means the persons referred to in subsection 10(2).\n\n> original Act means the Australian National University Act 1946.\n\n> Pro‑Chancellor means the Pro‑Chancellor of the University appointed under section 33.\n\n> professor does not include an assistant professor or an associate professor.\n\n> Statute means a Statute of the University made by the Council under Part 4.\n\n> The Faculties means the group of faculties and other bodies referred to in paragraph 7(1)(b).\n\n> University means the Australian National University continued in existence under subsection 4(1).\n\n> University body means:\n\n    (a) the Council; or\n    (b) Convocation.\n\n> Vice‑Chancellor means the Vice‑Chancellor of the University appointed under section 34.\n\n## Part 2—The Australian National University\n\n### Division 1—Establishment of the University\n\n#### 4 Establishment of the University\n\n  (1) The Australian National University that was, immediately before the commencement of this Act, in existence by virtue of the original Act is continued in existence under the same name.\n  (2) The University:\n    (a) continues to be a body corporate; and\n    (b) has a seal; and\n    (c) may acquire, hold and dispose of real and personal property.\n\n> Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) The seal of the University must be kept in such custody as the Council directs and may be used only as authorised by the Council.\n  (4) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly affixed.\n\n#### 4A Application of the Public Governance, Performance and Accountability Act 2013\n\n  (1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.\n  (2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.\n\n> Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.\n\n#### 4B University’s reporting period starts on 1 January\n\n  For the purposes of the Public Governance, Performance and Accountability Act 2013, the University’s reporting period is a period of 12 months starting on 1 January.\n\n#### 5 Functions of the University\n\n  (1) The functions of the University include the following:\n    (a) advancing and transmitting knowledge, by undertaking research and teaching of the highest quality;\n    (b) encouraging, and providing facilities for, research and postgraduate study, both generally and in relation to subjects of national importance to Australia;\n    (c) providing facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas;\n    (d) providing facilities and courses at higher education level and other levels in the visual and performing arts, and, in so doing, promoting the highest standards of practice in those fields;\n    (e) awarding and conferring degrees, diplomas and certificates in its own right or jointly with other institutions, as determined by the Council;\n    (f) providing opportunities for persons, including those who already have post‑secondary qualifications, to obtain higher education qualifications;\n    (g) engaging in extension activities.\n  (2) In the performance of its functions, the University must pay attention to its national and international roles and to the needs of the Australian Capital Territory and the surrounding regions.\n\n#### 6 Powers of the University\n\n  (1) Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.\n  (2) The powers of the University under subsection (1) include, but are not limited to, the following powers:\n    (a) to buy, take on lease or otherwise acquire real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;\n    (b) to develop commercially any discovery, invention or property;\n    (c) to make charges for work done, services rendered and goods and information supplied by it;\n    (d) to form, and participate in the formation of, companies;\n    (e) to subscribe for and buy shares in, and debentures and other securities of, companies;\n    (f) to enter into partnerships;\n    (g) to participate in joint ventures and arrangements for the sharing of profits;\n    (h) to enter into contracts;\n    (i) to erect buildings;\n    (j) to occupy, use and control any land or building made available to the University by the Commonwealth for the purposes of the University;\n    (k) to employ staff;\n    (l) to invest money of the University, and to dispose of investments;\n    (m) to make astronomical, seismological, meteorological and other scientific observations;\n    (n) to make loans and grants to students;\n    (o) to accept gifts, grants, bequests and devises made to it;\n    (p) to act as trustee of money and other property vested in it on trust;\n    (q) to do such other things as it is authorised to do by or under this Act or any other Act;\n    (r) to do anything incidental to any of its powers.\n  (3) In spite of anything contained in this Act or the Public Governance, Performance and Accountability Act 2013, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.\n  (4) The powers of the University may be exercised within or outside Australia.\n\n#### 7 Organisation of the University\n\n  (1) There are, within the University:\n    (a) an Institute of Advanced Studies constituted in accordance with section 19; and\n    (b) a group of faculties and other bodies determined by the Council, to be known as the “The Faculties”.\n  (2) Nothing in this Act prevents the Council from establishing, within the University, for academic or administrative purposes, an organisational structure that:\n    (a) includes bodies, or members of staff, from the Institute and The Faculties; or\n    (b) in any other way draws its resources from the Institute and The Faculties.\n\n### Division 2—The Council\n\n#### 8 The Council\n\n  The governing authority of the University is the Council.\n\n#### 9 Powers of Council\n\n  (1) Subject to this Act and the Statutes, the Council has the entire control and management of the University.\n  (2) The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.\n  (3) The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.\n\n#### 10 Constitution of Council\n\n  (1) The Council consists of the following members:\n    (a) the Chancellor;\n    (c) the Vice‑Chancellor;\n    (k) one person who is either a dean or the head of a research school and is elected, in either case, by the deans and the heads of the research schools voting together;\n    (l) one member of the academic staff of the Institute of Advanced Studies elected by members of that staff;\n    (m) one member of the academic staff of The Faculties elected by members of that staff;\n    (n) one member of the general staff of the University elected by members of that staff;\n    (o) one postgraduate student of the University elected by the postgraduate students of the University;\n    (p) one undergraduate student of the University elected by the undergraduate students of the University;\n    (q) 7 members appointed by the Minister on the recommendation of the Nominations Committee of Council.\n  (2) The Nominations Committee of Council consists of:\n    (a) the Chancellor; and\n    (b) 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council.\n  (3) In making recommendations to the Minister under paragraph (1)(q), the Nominations Committee of Council must have regard to the desirability of ensuring that there is a balance of skills, expertise and gender among members of the Council.\n  (4) At least 2 of the members appointed under paragraph 10(1)(q) must have a high level of relevant financial expertise.\n  (5) At least one member appointed under paragraph 10(1)(q) must have a high level of relevant commercial expertise.\n  (6) The Nominations Committee of Council must not recommend under paragraph 10(1)(q) a person who is:\n    (a) a current member of:\n    (i) the Commonwealth Parliament; or\n    (ii) a State Parliament; or\n    (iii) the legislature of a Territory; or\n    (b) a current member of the academic or general staff of the University; or\n    (c) a student of the University; or\n    (d) a member of the Nominations Committee of Council.\n  (7) The Minister must, within 60 days after receiving written advice from the Nominations Committee of Council recommending that a person be appointed to the Council:\n    (a) appoint the person specified to the Council for a period not exceeding 4 years; or\n    (b) decide not to appoint the person specified if, in the Minister’s opinion, the appointment is not in the best interests of the University.\n  (8) If the Minister decides under paragraph (7)(b) not to appoint a person, the Minister must:\n    (a) notify the Council, in writing, of the refusal; and\n    (b) give reasons for the refusal.\n  (9) In deciding under paragraph (7)(b) not to appoint a person, the Minister must only consider the balance of skills, expertise and gender, and the periods of appointment (or proposed periods of appointment) of proposed and continuing members of the Council.\n  (10) Subject to this Act, the members of the Council referred to in paragraphs (1)(k), (l), (m), (n), (o) and (p) hold office for such periods as the Statutes provide.\n\n#### 11 Qualifications for membership of Council\n\n  A person is not qualified to become or remain a member of the Council (other than an ex officio member) if:\n    (a) the person is under 18;\n    (b) the person is an undischarged bankrupt or a person in respect of whom there is in operation a personal insolvency agreement with the person’s creditors under the law relating to bankruptcy;\n    (c) the person has been convicted and is serving a sentence of imprisonment for an offence against the law of the Commonwealth or of a State or Territory; or\n    (d) in accordance with the law of a State or Territory, all or any of the person’s property is, because of his or her mental incapacity, under the control of another person.\n\n#### 12 Meetings of Council\n\n  (1) The Chancellor is to preside at all meetings of the Council at which he or she is present.\n  (2) If:\n    (a) the Chancellor is not present at a meeting of the Council; and\n    (b) if the Pro‑Chancellor is a member of the Council—he or she is present;\n  the Pro‑Chancellor is to preside at the meeting.\n  (3) If neither the Chancellor nor the Pro‑Chancellor (if he or she is a member of the Council) is present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.\n  (4) At a meeting of the Council, a quorum is constituted by a majority of the persons for the time being holding office as members of the Council.\n\n#### 13 Resolutions without meetings\n\n  (1) The Chancellor or Pro‑Chancellor (if he or she is a member of the Council) may, in writing, request members to pass a resolution without a meeting.\n  (2) A copy of the request and the text of the proposed resolution, must be sent to each member of the Council.\n  (3) Subject to subsection (4), the resolution is passed if each of a majority of the members of the Council eligible to vote on that resolution signs a document containing the text of the resolution and returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (4) If the proposed resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council, the resolution is passed if each of at least a two‑thirds majority of the members of the Council eligible to vote on that resolution:\n    (a) signs a document containing the text of the resolution; and\n    (b) returns it to the Chancellor or Pro‑Chancellor (if he or she is a member of the Council).\n  (5) For the purposes of this section, a member of the Council is not eligible to vote on a resolution if:\n    (a) the resolution relates to a matter in which the member has a direct or indirect pecuniary interest; or\n    (b) if the resolution deals with whether a member of the Council has breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council—he or she is the member to whom the resolution relates.\n\n#### 15 Vacation of office\n\n  (1) If a member of the Council (other than an ex officio member):\n    (a) becomes disqualified under section 11 from remaining a member of the Council; or\n    (b) dies; or\n    (c) resigns from membership of the Council; or\n    (d) is absent without leave of the Council from 3 consecutive meetings of the Council; or\n    (g) in the case of a member referred to in paragraph 10(1)(k), (l), (m), (n), (o) or (p)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or\n    (i) becomes a Deputy Vice‑Chancellor of the University under section 35; or\n    (j) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001; or\n    (k) has, in the Council’s opinion formed by resolution passed as mentioned in subsection (1A) or subsection 13(4), breached his or her duties under Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 as a member of the Council; or\n    (l) is, in the Council’s opinion, incapable (other than on a temporary basis) of performing his or her duties;\n  the member’s office becomes vacant.\n  (1A) For the purposes of paragraph (1)(k), the Council forms its opinion by resolution passed at a meeting of the Council if the resolution is passed at the meeting by at least a two‑thirds majority of the members of the Council.\n  (2) If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 10(1), other than paragraph (a) or (c), is, before otherwise ceasing to hold that office, appointed to the office of:\n    (a) Chancellor; or\n    (c) Vice‑Chancellor;\n  that person ceases, upon being so appointed, to hold that first‑mentioned office.\n\n#### 16 Casual vacancies\n\n  (1) Where a vacancy in the membership of the Council occurs under section 15, that vacancy must be filled:\n    (a) where the Statutes make provision for the filling of that casual vacancy—in the manner provided by the Statutes; or\n    (b) in any other case—in the manner provided in subsection 10(1) for the appointment of a person to the vacant office.\n  (2) A person appointed to fill such a vacancy holds office for the remainder of the term of office of the person’s predecessor.\n  (3) Subsection (2) does not apply, and does not prevent paragraph 10(7)(a) applying, to the filling of a vacancy in the membership of the Council if the vacancy is one to which paragraph 10(1)(q) relates.\n\n#### 17 Delegation to member of Council etc.\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to:\n    (a) a member of the Council; or\n    (b) a member of the staff of the University.\n  (2) The Council may revoke a delegation under this section.\n  (3) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose an unreasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n#### 18 Delegation to committee of Council\n\n  (1) Subject to this section, the Council may delegate all or any of its functions and powers under this Act (except its powers in relation to the making of Statutes) to the members of a committee consisting of:\n    (a) members of the Council; or\n    (b) members of the Council and other persons.\n  (2) A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.\n  (3) The Council may revoke a delegation under this section.\n  (4) The Council must not delegate its power to:\n    (a) appoint the Chancellor, Pro‑Chancellor or Vice‑Chancellor; or\n    (b) approve the University’s annual budget or its business plan; or\n    (c) approve the annual report of the University; or\n    (d) monitor its commercial activities, and its subsidiaries and any other entities that it controls, to the extent required to ensure they do not have any significant adverse impact on, or pose any reasonable risk to, the University’s finances and operations; or\n    (e) review and monitor the management of the University as a whole or the University’s performance as a university (as defined by the Higher Education Support Act 2003).\n\n### Division 3—The Institute of Advanced Studies\n\n#### 19 Constitution of the Institute\n\n  (1) The Institute consists of such research schools and other bodies as are established by the Council for the purposes of this section.\n  (2) A research school or another body is to be established in relation to each of the following fields of learning:\n    (a) medical science;\n    (b) the physical sciences;\n    (c) the social sciences;\n    (d) Pacific studies.\n  (3) Research schools or other bodies may be established in relation to such other fields of learning as are determined by the Council.\n  (4) The research school in relation to medical science is to be known as “The John Curtin School of Medical Research”.\n  (5) The names of the other research schools and other bodies are as determined by the Council.\n\n### Division 5—Convocation\n\n#### 30 Constitution of Convocation\n\n  (1) Convocation consists of the following:\n    (a) all members and former members of the Council;\n    (b) all former members of the Board of the Arts Institute;\n    (c) all graduates and diplomates of the University, the Arts Institute and the former Schools of Art and Music;\n    (d) such certificate holders of the University, the Arts Institute and the former Schools of Art and Music as are, in accordance with the Statutes, admitted as members of Convocation;\n    (e) such graduates of other universities, or other persons, as are, in accordance with the Statutes, admitted as members of Convocation.\n  (2) The Council must cause a roll to be kept of all members of Convocation.\n  (3) Meetings of Convocation may be convened by the Vice‑Chancellor or as provided in the Statutes.\n\n#### 31 Quorum at meetings of Convocation\n\n  At a meeting of Convocation a quorum is constituted by 50 members of Convocation.\n\n### Division 6—Senior officers of the University\n\n#### 32 Chancellor\n\n  (1) The Council must appoint the Chancellor of the University. The appointee must not be a student or an employee of the University.\n  (1A) The Chancellor ceases to hold office as Chancellor if he or she becomes a student or an employee of the University.\n  (2) Subject to subsection (1A) and the Statutes, the Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 33 Pro‑Chancellor\n\n  (1) The Council may appoint a Pro‑Chancellor of the University. The appointee must be a member of the Council appointed by the Minister under paragraph 10(1)(q).\n  (1A) The Pro‑Chancellor may hold that office for a period that is shorter than the period of his or her office as a member of the Council. However, if:\n    (a) the period of his or her office as a member of the Council ends at a particular time; or\n    (b) his or her office as a member of the Council becomes vacant under section 15 at a particular time;\n  he or she also ceases to hold office as Pro‑Chancellor at that time.\n  (2) Subject to subsection (1A) and the Statutes, the Pro‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 34 Vice‑Chancellor\n\n  (1) The Council must appoint the Vice‑Chancellor of the University.\n  (2) The Vice‑Chancellor:\n    (a) is the chief executive officer of the University; and\n    (b) has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) Subject to the Statutes, the Vice‑Chancellor holds office for such period, and on such conditions, as the Council determines.\n\n#### 35 Deputy Vice‑Chancellor\n\n  (1) The Council must appoint a Deputy Vice‑Chancellor of the University, or more than one.\n  (2) A Deputy Vice‑Chancellor has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.\n  (3) A Deputy Vice‑Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.\n\n#### 37 Acting appointments\n\n  The Council may appoint a person to act in an executive office:\n    (a) during a vacancy in the executive office, whether or not an appointment has previously been made to the executive office; or\n    (b) during any period, or during all periods, when the holder of the executive office is absent from duty or from Australia, is acting in another executive office or is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.\n\n### Division 7—Miscellaneous\n\n#### 38 Execution of contracts\n\n  (1) Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.\n  (2) Any contract to which subsection (1) does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.\n\n#### 39 Validity of acts and proceedings\n\n  (1) This section applies to the following acts and proceedings:\n    (a) an act or proceeding of a University body;\n    (b) an act or proceeding of the members, or a committee, of a University body;\n    (c) an act done by the Chancellor, the Pro‑Chancellor or a person holding an executive office.\n  (2) An act or proceeding is not invalid merely because of:\n    (a) a defect in the appointment, election, choosing or admission of:\n    (i) the Chancellor, the Pro‑Chancellor or a person holding an executive office; or\n    (ii) any other member of a University body or of a committee of a University body;\n    (b) the disqualification of a member of a University body or committee of a University body from membership of the University body or committee;\n    (c) a defect in the convening of a meeting; or\n    (d) any vacancy in the membership of the Council or a committee of the Council.\n\n#### 40 Religious test not to be administered\n\n  The University may not administer any religious test in relation to:\n    (a) the admission of any person to the University; or\n    (b) the award of any degree, diploma, certificate or honour; or\n    (c) the holding of any office.\n\n## Part 3—Financial matters\n\n### Division 1—Fees\n\n#### 41 Fees\n\n  (2) Fees that are payable to the University, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003, are payable in accordance with the Statutes.\n\n### Division 2—Finances of the University\n\n#### 43 Application of fees and other money\n\n  The Council must apply the following solely for the purposes of the University:\n    (a) all financial assistance paid to the University under the Higher Education Support Act 2003;\n    (b) student contribution amounts within the meaning of the Higher Education Support Act 2003;\n    (c) tuition fees within the meaning of the Higher Education Support Act 2003;\n    (d) other money received by the University under this Act or otherwise.\n\n#### 44 Borrowing\n\n  (1) Subject to subsection (2), the University may borrow money.\n  (2) The University’s power to borrow is subject to such limits as the Finance Minister determines as to:\n    (a) the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and\n    (b) the periods for which money may be borrowed.\n  (3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.\n  (4) In this section:\n\n> Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.\n\n#### 48 Taxation\n\n  (1) Subject to subsection (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.\n  (2) The University is subject to payroll tax under the law of a State or Territory.\n\n## Part 4—Statutes\n\n#### 50 Statutes\n\n  (1) The Council may make Statutes, not inconsistent with this Act or the Public Governance, Performance and Accountability Act 2013, prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the Statutes; or\n    (b) necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.\n  (2) The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:\n    (a) the management, good government and discipline of the University;\n    (b) the imposition, by or on behalf of the University, of penalties upon:\n    (i) students of the University; or\n    (ii) persons employed by the University;\n    for contravention of, or failure to comply with, a Statute made under paragraph (a);\n    (c) the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;\n    (d) the persons who are to be regarded, for the purposes of this Act, as members of the academic staff of the Institute or as members of the academic staff of The Faculties;\n    (e) the persons who are to be regarded, for the purposes of this Act, as undergraduate students, or postgraduate students, of the University;\n    (f) in relation to each University body:\n    (i) the manner and time of convening, holding and adjourning its meetings;\n    (ii) voting at such meetings (including postal or proxy voting);\n    (iii) disclosure of pecuniary interests at meetings of the Convocation; and\n    (iv) the appointment, powers and duties of chairpersons at such meetings;\n    (v) the conduct and recording of business at such meetings;\n    (vi) the appointment of committees of the University body; and\n    (vii) the quorums for meetings of committees mentioned in subparagraph (vi), and the powers and duties of such committees;\n    (g) the resignation of the following persons:\n    (i) the Chancellor;\n    (ii) the Pro‑Chancellor;\n    (iii) any person holding an executive office;\n    (h) the exercise and performance by a Deputy Vice‑Chancellor, in specified circumstances, of the powers and duties of the Vice‑Chancellor;\n    (i) the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:\n    (i) specify a term of office; or\n    (ii) provide for the fixing of the term of office otherwise than by the Statutes;\n    (j) the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;\n    (k) the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;\n    (l) the admission and enrolment of students;\n    (m) the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;\n    (n) the promotion and extension of University teaching;\n    (o) the granting of degrees, diplomas, certificates and honours;\n    (p) the granting of fellowships, scholarships, exhibitions and bursaries;\n    (q) the conferring, on persons who hold degrees, diplomas or other awards granted by other institutions, of any corresponding degree, diploma or other award of the University without examination;\n    (r) the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course and the grant of status in respect of that work, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;\n    (s) the admission of members of Convocation;\n    (t) the admission of persons who are undertaking or have undertaken studies at another institution to a corresponding status within the University;\n    (u) the payment to the University of fees, including student contribution amounts and tuition fees within the meaning of the Higher Education Support Act 2003;\n    (v) the establishment, management and control of libraries, laboratories and museums in connection with the University;\n    (w) the establishment or affiliation of residential colleges;\n    (x) the affiliation or admission to the University of any education or research establishment;\n    (y) the control and investment of the property of the University;\n    (z) the provision of superannuation or similar benefits for, and for the families of, persons holding executive office and other persons employed by the University.\n  (3) The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:\n    (a) regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or\n    (b) for carrying out or giving effect to the Statutes.\n  (4) A rule or order so made has the same force as a Statute.\n  (5) Subsection (3) does not permit the making of rules or orders:\n    (a) regulating, or providing for the regulation of, a matter referred to in subsection 51(1); or\n    (b) for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 51(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.\n\n#### 51 Statutes relating to traffic\n\n  (1) The Council may make Statutes:\n    (a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and\n    (b) providing for the punishment, upon summary conviction, by a fine, of offences against such a Statute.\n  (2) A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self‑Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be obeyed without contravening that law.\n\n#### 52 Statutes to be published\n\n  (1) When a Statute has been made by the Council:\n    (a) it must be sealed with the seal of the University; and\n    (b) the Council must cause the Statute to be notified in the Gazette; and\n    (c) the Statute has the force of law from the day on which it is so notified.\n  (3) The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.\n  (5) The production of:\n    (a) a copy of a Statute under the seal of the University; or\n    (b) a document purporting to be a copy of a Statute and to have been printed by the Government Printer;\n  is, in all proceedings, sufficient evidence of the Statute.\n  (6) The Statutes are to be numbered consecutively in the order in which they are notified in the Gazette.\n  (7) A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.\n\n## Part 5—Consequential and transitional provisions\n\n### Division 1—Preliminary\n\n#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.\n\n### Division 2—Repeal\n\n#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.\n\n### Division 3—General\n\n#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.\n\n#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.\n\n#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).\n\n#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.\n\n#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.\n\n#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.\n\n#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.\n\n#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.\n\n#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.\n\n#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.\n\n#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.\n\n#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":49},{"sectionNumber":"53","sectionType":"section","heading":"Interpretation","content":"#### 53 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.\n\n> Arts Institute instrument means an instrument (including a legislative instrument) or any other document:\n\n    (a) to which the Arts Institute was a party; or\n    (b) that was given to or in favour of the Arts Institute; or\n    (c) in which a reference is made to the Arts Institute; or\n    (d) under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the Arts Institute;\n  being an instrument or document subsisting immediately before the commencement.\n\n> assets means property of every kind, and includes, but is not limited to:\n\n    (a) choses in action; and\n    (b) rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.\n\n> repealed enactment means an enactment repealed by section 54.","sortOrder":51},{"sectionNumber":"54","sectionType":"section","heading":"Repeal","content":"#### 54 Repeal\n\n  (1) The original Act is repealed.\n  (2) The Arts Institute Ordinance is repealed.","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Senior officers to continue in office","content":"#### 55 Senior officers to continue in office\n\n  (1) A person who, immediately before the commencement, held under the original Act the office of Chancellor, Pro‑Chancellor, Vice‑Chancellor or Deputy Vice‑Chancellor (in this section called the previous office) is taken to have been, on the commencement, duly appointed under Part 2 to:\n    (a) the office of Chancellor; or\n    (b) the office of Pro‑Chancellor; or\n    (c) the office of Vice‑Chancellor; or\n    (d) an office of Deputy Vice‑Chancellor;\n  (as the case may be).\n  (2) A person is taken to have been so appointed:\n    (a) for a period equal to the remainder of the term of his or her appointment to the previous office; and\n    (b) subject to the terms and conditions that were, immediately before the commencement, applicable to that appointment.","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"University successor in law of the Arts Institute","content":"#### 56 University successor in law of the Arts Institute\n\n  The University is the successor in law of the Arts Institute, and the succeeding provisions of this Division do not limit the generality of this section.","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Preservation of Statutes etc.","content":"#### 57 Preservation of Statutes etc.\n\n  (1) This section applies to:\n    (a) a Statute made by the Council of the University under section 27 or 27A of the original Act; and\n    (b) a Statute made by the Board of the Arts Institute under section 16 of the Arts Institute Ordinance;\n  that was in force immediately before the commencement (in this section called a continued statute).\n  (2) A continued statute has effect after the commencement as if:\n    (a) it were a Statute of the University duly made by the Council under Part 4; and\n    (b) the requirements of section 52 had been complied with in relation to it;\n  and may accordingly be amended or repealed by the Council.\n  (3) Any rules or orders made under the continued statute that were in force immediately before the commencement have effect on and after the commencement as if they had been made under a Statute, and may be amended or repealed accordingly.\n  (4) Where any difficulty arises in the application to a particular matter of:\n    (a) a continued statute; or\n    (b) any rules or orders referred to in subsection (3);\n  the Council may make such decision as it thinks proper to resolve the difficulty.\n  (5) A reference in subsection (4) to a difficulty arising includes a reference to a difficulty arising because of a conflict or inconsistency between 2 or more continued statutes or between rules or orders made under 2 or more continued statutes.\n  (6) A decision made under subsection (4) has effect in spite of anything contained in a continued statute or in any rules or orders referred to in subsection (3).","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Transfer of assets and liabilities of the Arts Institute","content":"#### 58 Transfer of assets and liabilities of the Arts Institute\n\n  (1) At the commencement, the assets and liabilities of the Arts Institute become assets and liabilities of the University.\n  (2) The following provisions apply to assets and liabilities that have become assets and liabilities of the University because of subsection (1):\n    (a) an asset that was, immediately before the commencement, held by the Arts Institute on trust must, after the commencement, be held by the University on trust and subject to the terms of the trust on which the asset was so held by the Arts Institute;\n    (b) liabilities of the Arts Institute to make payments must, after the commencement, be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Arts Institute instruments","content":"#### 59 Arts Institute instruments\n\n  An Arts Institute instrument continues to have effect after the commencement but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after the commencement, has effect as if a reference in the instrument to the Arts Institute were a reference to the University.","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"State or Territory officer may act on certificate","content":"#### 60 State or Territory officer may act on certificate\n\n  Where:\n    (a) under this Division an estate or interest in land becomes an asset of the University; and\n    (b) a certificate that:\n    (i) identifies the land and the estate or interest;\n    (ii) states that the estate or interest has, because of this Division, become an asset of the University; and\n    (iii) is signed by an officer of the Attorney‑General’s Department authorised by the Secretary of that Department to give such certificates;\n    is lodged with the Registrar‑General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;\n  the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Pending proceedings","content":"#### 61 Pending proceedings\n\n  Where, immediately before the commencement, proceedings to which the Arts Institute was a party were pending in any court, then, after the commencement, the University is substituted for the Arts Institute as a party to the proceedings and has the same rights in the proceedings as the Arts Institute had.","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Staff of the Arts Institute","content":"#### 62 Staff of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was employed as a member of the staff of the Arts Institute:\n    (a) is taken to have been employed, with effect from the commencement, as a member of the staff of the University;\n    (b) is taken to have been so employed on the same terms and conditions as those on which the person was employed as a member of the staff of the old institution; and\n    (c) is taken to have accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the Arts Institute immediately before the commencement.\n  (2) Where, because of subsection (1), a person is taken to have been employed as a member of the staff of the University with effect from the commencement, that employment is taken for all purposes to have been continuous with the employment of the person immediately before the commencement as a member of the staff of the Arts Institute.","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Students of the Arts Institute","content":"#### 63 Students of the Arts Institute\n\n  (1) A person who, immediately before the commencement, was enrolled, or entitled to be enrolled, as a student in a course of study offered by the Arts Institute is entitled to enrol, not later than 31 December 1992, as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (2) Where:\n    (a) before the commencement, a person had, with the permission of the Arts Institute, deferred the person’s enrolment in a course of study offered by the Arts Institute; and\n    (b) immediately before the commencement, that permission had not expired or been revoked;\n  the person is, in the academic year in which the person would, by the terms of that permission, have been required to enrol in that course of study, entitled to enrol as a student of the University in a course of study that is the same as, or substantially similar to, the first‑mentioned course of study.\n  (3) This section does not apply to a person who, immediately before the commencement, had completed the requirements of the course of study concerned.\n  (4) This section has effect subject to the Statutes and to any rules and orders made under Statutes made under subsection 50(3).\n  (5) The University must offer appropriate courses of study for the purposes of this section.","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Granting of Arts Institute awards","content":"#### 64 Granting of Arts Institute awards\n\n  The University may grant a degree, diploma or certificate of the Arts Institute to a student who has, in the circumstances specified in the Statutes, completed the requirements of a course in which the student was enrolled at the Arts Institute before the commencement, being a course that led to the granting of that degree, diploma or certificate.","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Transfer of appropriated money","content":"#### 65 Transfer of appropriated money\n\n  For the purposes of the operation of an Appropriation Act after the commencement:\n    (a) references to the Arts Institute are to be read as references to the University; and\n    (b) references to a repealed enactment are to be read as references to this Act.","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Annual report and financial statements","content":"#### 66 Annual report and financial statements\n\n  Sections 47 and 49 apply in relation to the year ending on 31 December 1992, subject to the following qualifications:\n    (a) the accounts and records to which section 47 applies are the accounts and records of the University and such of the accounts and records of the Arts Institute as are in the possession of the University;\n    (b) the Council and the Auditor‑General may, in discharging their obligations under section 49, rely on accounts and records of the Arts Institute that are in the possession of the University or to which the Council is allowed access and on any other information provided to the Council by any person who held an office established by a repealed enactment or who was a member of the staff of the Arts Institute;\n    (c) for the purposes of paragraph 49(2)(c), this Act includes the original Act and the Arts Institute Ordinance.","sortOrder":66}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1946 Act established the ANU purely as a postgraduate research institution. The 1991 Act significantly expanded scope by: (1) incorporating undergraduate and broader higher education functions (not just postgraduate research); (2) absorbing the Canberra Institute of the Arts, adding visual and performing arts to the university's remit; (3) granting broad commercial powers (companies, joint ventures, intellectual property commercialisation) not present in the original; and (4) introducing a more structured, skills-based governance model with explicit expertise requirements for Council members. What began as a specialist research institution has become a comprehensive university with a much wider educational and commercial mandate."},"complexity_factors":["Multiple interacting bodies of law: the Act operates alongside the Public Governance, Performance and Accountability Act 2013, the Higher Education Support Act 2003, the Corporations Act 2001, and the Acts Interpretation Act 1901","Deliberately carved-out provisions: specific sections of the PGPA Act are excluded, requiring cross-referencing to understand what applies and what doesn't","Multi-layered governance structure: Council composition, Nominations Committee, Convocation, executive offices, and delegated authority all interact in complex ways","Dual legislative history: understanding the Act requires knowledge of the repealed 1946 Act and the Canberra Institute of the Arts Ordinance 1988","Internal sub-legislation (Statutes): the Act creates a framework for the Council to make binding rules, adding a regulatory layer beneath the Act itself","Transitional provisions: detailed rules for transferring assets, liabilities, staff, students and legal proceedings from the Arts Institute to the ANU","Non-sequential section numbering: gaps in the numbering (e.g., sections jump from 13 to 15, 30 to 31, etc.) suggest prior amendments, making navigation harder","Repeated content in the document: sections appear multiple times, suggesting formatting issues in the source document that could cause confusion"],"plain_english_summary":"## What is this law?\n\nThe **Australian National University Act 1991** is the founding legal document that governs how the Australian National University (ANU) — one of Australia's most prestigious universities — operates. It came into effect on 1 January 1992, replacing the original 1946 Act.\n\n## What does it actually do?\n\n**1. Keeps the ANU alive as a legal entity**\nThe Act formally continues the ANU's existence as a *body corporate* (meaning it's treated like a legal person — it can own property, sign contracts, and be sued). Without this Act, the university wouldn't have legal standing.\n\n**2. Defines what the university can do**\nThe ANU is authorised to:\n- Teach and conduct research\n- Award degrees, diplomas and certificates\n- Buy, sell and lease property\n- Start companies and enter joint ventures\n- Accept donations and gifts\n- Borrow money (within limits set by the Finance Minister)\n- Employ staff\n- Make loans and grants to students\n\nNotably, the university is **tax-exempt** — except for payroll tax (the tax employers pay on wages).\n\n**3. Sets up the governing structure (the Council)**\nThe university is run by a governing body called the **Council**, made up of:\n- The Chancellor (ceremonial head, appointed by Council, must not be a student or employee)\n- The Vice-Chancellor (chief executive, day-to-day leader)\n- Elected representatives from academic staff, general staff, and students (both postgrad and undergrad)\n- **7 members appointed by the government Minister**, on the recommendation of a Nominations Committee\n\nAt least 2 of those ministerial appointees must have strong financial expertise, and at least 1 must have commercial expertise. Politicians and current university staff/students cannot be nominated for those spots.\n\nThe Minister has 60 days to either approve or reject a recommended appointee — but can only reject based on skills, expertise, gender balance, or term-length considerations. If refused, the Minister must explain why in writing.\n\n**4. Protects academic independence**\nCritically, certain government oversight laws (specifically sections of the *Public Governance, Performance and Accountability Act 2013* about government policy compliance and budget submissions) are **carved out** — they don't apply to the ANU. This protects the university's academic freedom from direct government interference.\n\n**5. Allows the Council to make internal laws (called 'Statutes')**\nThe Council can create its own internal rules — called Statutes — covering everything from student discipline and staff employment to traffic rules on campus. These Statutes have the force of law once published in the Government Gazette.\n\n**6. Absorbed the Canberra Institute of the Arts**\nA major feature of the 1991 Act was folding the Canberra Institute of the Arts (an independent arts school) into the ANU. All its staff, students, assets, debts and contracts transferred to the ANU automatically. Former students could enrol at ANU in equivalent courses.\n\n## Who does this affect?\n- **ANU students**: Their fees, enrolment rights, and disciplinary rules all flow from this Act\n- **ANU staff**: Their employment conditions and roles are framed here\n- **The Council**: Has strict rules about who can sit on it and what it can and can't delegate\n- **The federal government**: Has limited but real oversight — particularly over borrowing and ministerial appointments\n- **The arts community**: Former Canberra Institute of the Arts students and staff were directly absorbed into ANU\n\n## Why does it matter?\nThis is the constitutional backbone of one of Australia's peak research universities. It balances government accountability (the ANU receives public funding) with genuine institutional independence — particularly academic freedom."},"issue_detection":{"absurdities":[{"type":"other","section":"s3 (definition of 'ex officio member')","severity":"low","reasoning":"In a definition that lists only two items, labelling them (a) and (c) with no (b) is internally inconsistent. While not logically impossible, it creates ambiguity and suggests poor drafting or incomplete amendment.","confidence":0.95,"description":"The definition of 'ex officio member' uses paragraph labels (a) and (c), skipping (b). This suggests a paragraph (b) was deleted at some point (likely the Pro-Chancellor) but the lettering was never corrected, creating a legislative gap in the numbering sequence."},{"type":"circular_definition","section":"s3 (definition of 'academic staff of The Faculties') and s3 (definition of 'academic staff of the Institute')","severity":"medium","reasoning":"A definition that says X means those regarded as X by some other instrument is purely circular. If no Statute has been made under s50(2)(d), neither category of academic staff would legally exist, potentially rendering multiple provisions of the Act (e.g. ss10(1)(l), 10(1)(m)) inoperable.","confidence":0.9,"description":"Both definitions are circular: 'academic staff of The Faculties means the persons who are to be regarded as members of the academic staff of The Faculties because of Statutes made under paragraph 50(2)(d).' The term being defined appears in the definition itself. The definition provides no independent content — it entirely defers to Statutes that may or may not exist."},{"type":"other","section":"s10(1) (Constitution of Council)","severity":"low","reasoning":"While not logically impossible to operate, a legislative list jumping from (c) to (k) with no explanation is structurally absurd and creates interpretive uncertainty about whether the gap is intentional or a drafting error.","confidence":0.95,"description":"The membership paragraphs of the Council skip from (c) to (k), omitting paragraphs (d) through (j). This strongly indicates substantial membership categories were removed by amendment but the lettering was never rationalised, creating an unexplained 8-paragraph gap in the Council's constitution."},{"type":"other","section":"s15(1) (Vacation of office)","severity":"low","reasoning":"Missing paragraph letters in an exhaustive list of grounds for vacation of office creates uncertainty: a reader cannot know whether (e), (f) and (h) were intentionally omitted or accidentally deleted. This undermines the principle of clear legislative expression.","confidence":0.95,"description":"The vacation of office grounds skip from paragraph (d) to (g), then to (i), omitting (e), (f), and (h). Combined with s10(1)'s skipped paragraphs, this reflects systematic failure to renumber provisions after amendment, creating legislative documents with unexplained structural gaps."},{"type":"other","section":"s10(6)(d) and s10(2)","severity":"low","reasoning":"While the Chancellor is unlikely to be nominated under s10(1)(q) given their ex officio role, the structural conflict between the Chancellor's dual role as Nominations Committee member and Council member is a latent absurdity with no resolution mechanism.","confidence":0.7,"description":"The Nominations Committee of Council is prohibited from recommending a 'member of the Nominations Committee of Council' for appointment under s10(1)(q). However, the Chancellor is both an automatic member of the Nominations Committee (s10(2)(a)) and an ex officio member of the Council (s10(1)(a)). If the Chancellor were somehow eligible for a s10(1)(q) appointment, they could not be recommended. More importantly, the Chancellor chairs the Nominations Committee but the Act provides no mechanism to replace the Chancellor on the Committee if the Chancellor has a conflict of interest."},{"type":"other","section":"s33(1) and s10(6)(b)","severity":"low","reasoning":"The eligibility filters for Chancellor and Pro-Chancellor operate through different mechanisms and produce slightly different results, which may produce unintended gaps.","confidence":0.65,"description":"The Pro-Chancellor must be a Minister-appointed member of the Council under s10(1)(q) (s33(1)). However, s10(6)(b) prohibits the Nominations Committee from recommending 'a current member of the academic or general staff of the University' for s10(1)(q) appointment. This means no staff member can become Pro-Chancellor. Yet there is no explicit prohibition on a staff member being Chancellor (s32(1) only excludes current students and employees — but the Chancellor cannot be an employee). The asymmetry in eligibility between Chancellor and Pro-Chancellor creates an odd constitutional distinction without apparent policy rationale."},{"type":"other","section":"s52(7) and s52(1)(b)-(c)","severity":"medium","reasoning":"Section 52(7) purports to provide a shortcut compliance mechanism for the Gazette notification requirement, but it references 'subsection (2)' when the notification requirement appears in subsection (1)(b). This is either a misdirected cross-reference or evidence of a missing subsection (2), creating genuine uncertainty about what the shortcut actually applies to.","confidence":0.85,"description":"Section 52(1) requires the Council to cause the Statute to be 'notified in the Gazette' and provides that it has 'force of law from the day on which it is so notified.' Section 52(7) then provides that 'a notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.' However, s52(7) refers to 'subsection (2)' but the notification requirement is in subsection (1)(b), not subsection (2). Subsection (2) is missing from the reproduced text entirely. This cross-reference is internally inconsistent."},{"type":"other","section":"s66","severity":"high","reasoning":"Obligations created by reference to sections that do not exist in the available text of the Act create impossible compliance: affected parties cannot know what sections 47 and 49 require. Whether these are simply omitted from the reproduction or genuinely absent from the Act, the reference is inoperative as presented.","confidence":0.85,"description":"Section 66 refers to obligations under sections 47 and 49, but neither section 47 nor section 49 appears anywhere in the reproduced text of the Act. The Act jumps from s43 (in Division 2 of Part 3) to s44, then s48, with sections 45, 46, 47, and 49 entirely absent from the text. Section 66 thus creates obligations by reference to non-existent (or at minimum, omitted) provisions."},{"type":"self_contradicting","section":"s10(7)(b) and s10(9)","severity":"medium","reasoning":"The gateway test in s10(7)(b) ('best interests') and the exclusive consideration list in s10(9) cannot be fully reconciled. A Minister who finds a person unsuitable for reasons beyond the s10(9) list (e.g. conflicts of interest, suitability concerns) is arguably permitted by s10(7)(b) but prohibited by s10(9).","confidence":0.8,"description":"A subtle internal conflict exists in the Minister's power to refuse appointments. Section 10(7)(b) allows the Minister to decline if 'the appointment is not in the best interests of the University' — a broad discretion. Section 10(9) then immediately restricts that same power by requiring the Minister to 'only consider the balance of skills, expertise and gender, and the periods of appointment.' The criterion in s10(7)(b) ('best interests of the University') is broader than, and potentially inconsistent with, the exclusive considerations listed in s10(9), creating ambiguity about the true scope of the Minister's discretion."},{"type":"other","section":"s48(1) and s48(2)","severity":"low","reasoning":"The structure works technically via the 'subject to' qualifier, but it is curious that a Commonwealth statutory authority is exempt from Commonwealth taxation while being subject to State payroll tax — an unusual reversal of the typical Commonwealth immunity position.","confidence":0.6,"description":"The taxation exemption provision has a logical asymmetry: s48(1) exempts the University from 'taxation under the laws of the Commonwealth or of a State or Territory,' but s48(2) reinstates liability for 'payroll tax under the law of a State or Territory.' Since payroll tax is unambiguously a form of taxation under the law of a State or Territory, subsection (2) is necessarily an exception to subsection (1). However, the drafting structure ('Subject to subsection (2)') adequately signals this — the absurdity is minor but the general exemption from all Commonwealth taxation while being a Commonwealth corporate entity is notable."}],"contradictions":[{"severity":"high","section_a":"s17(3)(d)","section_b":"s18(4)(d)","confidence":0.95,"description":"Section 17(3)(d) prohibits delegation of the power to monitor commercial activities to the extent required to ensure they 'do not have any significant adverse impact on, or pose an unreasonable risk to' the University's finances. Section 18(4)(d) prohibits the same delegation but uses the phrase 'pose any reasonable risk to' the University's finances. 'Unreasonable risk' (s17) and 'any reasonable risk' (s18) are materially different standards — the former excludes only unreasonable risks from delegation, while the latter would exclude any risk at all, including reasonable commercial risk. This creates directly contradictory non-delegation standards depending on whether the delegation is to an individual Council member or to a committee."},{"severity":"medium","section_a":"s32(1)","section_b":"s39(2)(a)","confidence":0.75,"description":"Section 32(1) requires that the Chancellor must not be a student or employee of the University, and s32(1A) provides the Chancellor vacates office upon becoming one. However, s39(2)(a) provides that acts of the Chancellor are not invalid merely because of 'a defect in the appointment' of the Chancellor. This means that a Chancellor who was improperly appointed (e.g. while being an employee) could still have their acts validated under s39, potentially rendering the s32(1) prohibition ineffective in practice."},{"severity":"low","section_a":"s10(6)(d)","section_b":"s10(2)(a)","confidence":0.6,"description":"Section 10(6)(d) prohibits the Nominations Committee from recommending 'a member of the Nominations Committee of Council' for appointment under s10(1)(q). Section 10(2)(a) makes the Chancellor a mandatory member of the Nominations Committee. The Chancellor is also an ex officio Council member under s10(1)(a). If any Chancellor sought appointment under s10(1)(q) (e.g. to secure tenure), they would be prohibited by s10(6)(d) by virtue of being on the Nominations Committee. While in practice unlikely, this creates a structural disqualification that flows from mandatory membership of the Committee rather than from any independent ground."},{"severity":"low","section_a":"s9(1)","section_b":"s17 and s18","confidence":0.55,"description":"Section 9(1) grants the Council 'entire control and management of the University' subject only to 'this Act and the Statutes.' Sections 17 and 18 then enumerate specific powers that cannot be delegated. However, s9(1)'s grant of 'entire control' could be read as including the power to structure how control is exercised (including through delegation), creating tension with the mandatory non-delegation requirements in ss17-18 which impose constraints the 'entire control' language does not anticipate."},{"severity":"low","section_a":"s50(3)-(4)","section_b":"s50(5)","confidence":0.7,"description":"Section 50(3) permits Statutes to empower authorities to make rules or orders, and s50(4) gives such rules and orders 'the same force as a Statute.' However, s50(5) then prohibits such rules or orders from regulating traffic matters under s51(1), except for discipline and enforcement. This creates a logical hierarchy problem: rules and orders have the same force as Statutes (s50(4)) but cannot deal with matters that Statutes can deal with (s50(5)), meaning sub-delegated instruments have equal force but lesser scope than the Statutes under which they are made."},{"severity":"low","section_a":"s15(1)(i)","section_b":"s15(2)","confidence":0.65,"description":"Section 15(1)(i) provides that a Council member vacates office if they 'become a Deputy Vice-Chancellor of the University under section 35.' Section 15(2) addresses the situation where a Council member is appointed to Chancellor or Vice-Chancellor, providing they cease to hold their previous Council office. However, s15(2) does not address the Deputy Vice-Chancellor scenario — s15(1)(i) handles that. The asymmetry means that vacation upon becoming a Deputy Vice-Chancellor is treated differently (automatic vacation under s15(1)) from vacation upon becoming Chancellor or Vice-Chancellor (addressed separately in s15(2)), without clear policy rationale for the structural difference."}]},"kimi_summary":{"_metrics":{"completionTokens":706},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation significantly expanded beyond its original 1991 purpose of 'amending the constitution of the Australian National University and creating within it a new institute to replace the Canberra Institute of the Arts.' Through amendments (particularly in 2013-2014), it now incorporates extensive public governance requirements from the PGPA Act, adds detailed financial accountability mechanisms, and creates a complex hybrid structure balancing university autonomy with Commonwealth oversight. The original simple research-teaching bifurcation has been supplemented with elaborate corporate governance rules."},"complexity_factors":["Multiple overlapping definitions section with 20+ defined terms including recursive definitions (e.g., 'Statute' refers to Part 4, which refers back to defined terms)","Complex governance structure with 15-member Council featuring 6 different appointment/election methods","Extensive cross-referencing to other Acts including Public Governance, Performance and Accountability Act 2013, Higher Education Support Act 2003, and Corporations Act 2001","Transitional provisions in Part 5 dealing with merger of Canberra Institute of the Arts requiring asset transfers, staff continuity, and statutory interpretation rules","Nested delegation limitations in sections 17 and 18 with 5 specific non-delegable powers listed twice","Dual-threshold voting requirements: majority for ordinary resolutions, two-thirds for breach-of-duty determinations (section 13)","Conditional logic throughout: e.g., section 10(7) ministerial appointment process with 60-day deadline and constrained refusal grounds"],"plain_english_summary":"**What this legislation does**\n\nThis Act establishes the legal framework for the **Australian National University (ANU)** — one of Australia's major public universities. It sets out how the university is governed, what it can do, and how it must operate.\n\n**Key points:**\n\n- **Continues the ANU** as a body corporate (a legal entity that can own property, enter contracts, and sue/be sued) that existed under earlier legislation from 1946\n- **Creates a new structure** with two main parts: an **Institute of Advanced Studies** (focused on research) and **The Faculties** (focused on teaching)\n- **Establishes the Council** as the governing body with 15+ members including the Chancellor, Vice-Chancellor, elected staff and student representatives, and ministerial appointees\n- **Protects academic independence** — government ministers cannot require Council members to do anything that would affect the university's academic integrity\n- **Allows the university to** award degrees, employ staff, buy and sell property, borrow money (with limits), form companies, and make rules (called \"Statutes\") for running the university\n- **Absorbed the Canberra Institute of the Arts** in 1992, transferring its staff, students, assets and liabilities to the ANU\n\n**Who it affects:** Students, academic and general staff, senior university officers, and anyone dealing with the university as a corporate entity.\n\n**Why it matters:** This is the foundational law that lets ANU function as a self-governing public university while remaining accountable to the Commonwealth. It balances university autonomy with proper financial oversight and protects academic freedom from political interference."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act expands the scope of the Australian National University compared to its original 1946 legislation by adding arts education to its functions and incorporating the Canberra Institute of the Arts, significantly extending the university's commercial powers and governance structure."},"complexity_factors":["Over 20 defined terms in section 3","Cross-references to the Public Governance, Performance and Accountability Act 2013 and the Higher Education Support Act 2003","Long list of university powers in section 6 (18 subparagraphs)","Detailed Council composition and meeting procedures with multiple conditions","Extensive Statute-making power in section 50 covering 26 topics","Transitional provisions for merging the Arts Institute with multiple steps"],"plain_english_summary":"This Act sets up the legal structure for the Australian National University (ANU). It continues the university from the earlier 1946 Act and defines what it can do and how it is run.\n\nThe university's main jobs are research, teaching, and spreading knowledge, including in the arts. It has broad powers to run its affairs, including starting businesses, borrowing money (within government-set limits), and setting fees. The university is exempt from most taxes but must pay payroll tax.\n\nThe university is governed by a Council. The Council includes the Chancellor, the Vice-Chancellor, elected staff and students, and seven members appointed by the federal minister. The Council can make detailed rules (called Statutes) about almost every aspect of university life, from student discipline to staff employment to traffic on campus.\n\nThe Act also merges the Canberra Institute of the Arts into ANU, transferring its staff, students, assets, and obligations.\n\nIn practice, this gives ANU a lot of freedom to operate like a business while still being subject to government oversight through borrowing limits and ministerial appointments. The university can compete with private providers in education and research, and its tax exemption gives it a financial advantage over private competitors."}},"importantCases":[],"_links":{"self":"/api/acts/australian-national-university-act-1991","history":"/api/acts/australian-national-university-act-1991/history","analysis":"/api/acts/australian-national-university-act-1991/analysis","conflicts":"/api/acts/australian-national-university-act-1991/conflicts","importantCases":"/api/acts/australian-national-university-act-1991/important-cases","documents":"/api/acts/australian-national-university-act-1991/documents"}}