{"id":"qld:act-1998-002","name":"Central Queensland University Act 1998","slug":"central-queensland-university-act-1998","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"2 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104659,"registerId":"qld-act-1998-002-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Central Queensland University Act 1998 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"The university and its council","content":"# The university and its council","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"University establishment and general functions and powers","content":"## University establishment and general functions and powers","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Establishment of university","content":"### sec.4 Establishment of university\n\nThe Central Queensland University is established.\nThe university—\nis a body corporate; and\nhas a seal; and\nmay sue and be sued in its corporate name.\n(sec.4-ssec.1) The Central Queensland University is established.\n(sec.4-ssec.2) The university— is a body corporate; and has a seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has a seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Functions of university","content":"### sec.5 Functions of university\n\nThe university’s functions are—\nto provide education at university standard; and\nto provide facilities for, and encourage, study and research; and\nto encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and\nto provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and\nto confer higher education awards; and\nto disseminate knowledge and promote scholarship; and\nto provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and\nto exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and\nto perform other functions given to the university under this or another Act.\n- (a) to provide education at university standard; and\n- (b) to provide facilities for, and encourage, study and research; and\n- (c) to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and\n- (d) to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and\n- (e) to confer higher education awards; and\n- (f) to disseminate knowledge and promote scholarship; and\n- (g) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and\n- (h) to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and\n- (i) to perform other functions given to the university under this or another Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"General powers of university","content":"### sec.6 General powers of university\n\nThe university has all the powers of an individual, and may, for example—\nenter into contracts; and\nacquire, hold, dispose of, and deal with property; and\nappoint agents and attorneys; and\nengage consultants; and\nfix charges, and other terms, for services and other facilities it supplies; and\ndo anything else necessary or convenient to be done for, or in connection with, its functions.\nWithout limiting subsection (1) , the university has the powers given to it under this or another Act.\nThe university may exercise its powers inside or outside Queensland.\nWithout limiting subsection (3) , the university may exercise its powers outside Australia.\n(sec.6-ssec.1) The university has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for, or in connection with, its functions.\n(sec.6-ssec.2) Without limiting subsection (1) , the university has the powers given to it under this or another Act.\n(sec.6-ssec.3) The university may exercise its powers inside or outside Queensland.\n(sec.6-ssec.4) Without limiting subsection (3) , the university may exercise its powers outside Australia.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants; and\n- (e) fix charges, and other terms, for services and other facilities it supplies; and\n- (f) do anything else necessary or convenient to be done for, or in connection with, its functions.","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Council establishment and general functions and powers","content":"## Council establishment and general functions and powers","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment of council","content":"### sec.7 Establishment of council\n\nThere is a council of the university.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions of council","content":"### sec.8 Functions of council\n\nThe council is the university’s governing body.\nThe council has the functions conferred on it under this or another Act.\n(sec.8-ssec.1) The council is the university’s governing body.\n(sec.8-ssec.2) The council has the functions conferred on it under this or another Act.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Powers of council","content":"### sec.9 Powers of council\n\nThe council may do anything necessary or convenient to be done for, or in connection with, its functions.\nWithout limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular—\nto appoint the university’s staff; and\nto manage and control the university’s affairs and property; and\nto manage and control the university’s finances.\n(sec.9-ssec.1) The council may do anything necessary or convenient to be done for, or in connection with, its functions.\n(sec.9-ssec.2) Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular— to appoint the university’s staff; and to manage and control the university’s affairs and property; and to manage and control the university’s finances.\n- (a) to appoint the university’s staff; and\n- (b) to manage and control the university’s affairs and property; and\n- (c) to manage and control the university’s finances.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Council to promote university’s interests","content":"### sec.10 Council to promote university’s interests\n\nThe council must act in the way that appears to it most likely to promote the university’s interests.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Delegation","content":"### sec.11 Delegation\n\nThe council may delegate its powers under this Act to—\nan appropriately qualified member of the council; or\nan appropriately qualified committee that includes 1 or more members of the council; or\nan appropriately qualified member of the university’s staff.\nHowever, the council may not delegate its power—\nto make an election policy; or\nto adopt the university’s annual budget.\nA delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.\ns 11 amd 2005 No. 18 s 3 ; 2017 No. 36 s 4 ; 2017 No. 36 s 94\n(sec.11-ssec.1) The council may delegate its powers under this Act to— an appropriately qualified member of the council; or an appropriately qualified committee that includes 1 or more members of the council; or an appropriately qualified member of the university’s staff.\n(sec.11-ssec.2) However, the council may not delegate its power— to make an election policy; or to adopt the university’s annual budget.\n(sec.11-ssec.3) A delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.\n- (a) an appropriately qualified member of the council; or\n- (b) an appropriately qualified committee that includes 1 or more members of the council; or\n- (c) an appropriately qualified member of the university’s staff.\n- (a) to make an election policy; or\n- (b) to adopt the university’s annual budget.","sortOrder":14},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Council membership","content":"## Council membership","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Membership of council","content":"### sec.12 Membership of council\n\nThe council consists of official members, appointed members, elected members and additional members.\ns 12 sub 2005 No. 18 s 4","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Official members","content":"### sec.13 Official members\n\nThere are 3 official members.\nThe official members are—\nthe chancellor; and\nthe vice-chancellor; and\nthe president of the academic board.\ns 13 sub 2005 No. 18 s 4\n(sec.13-ssec.1) There are 3 official members.\n(sec.13-ssec.2) The official members are— the chancellor; and the vice-chancellor; and the president of the academic board.\n- (a) the chancellor; and\n- (b) the vice-chancellor; and\n- (c) the president of the academic board.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Appointed members","content":"### sec.14 Appointed members\n\nThere are 5 appointed members.\nThe Governor in Council is to appoint the appointed members.\ns 14 amd 2005 No. 18 s 5\n(sec.14-ssec.1) There are 5 appointed members.\n(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.","sortOrder":18},{"sectionNumber":"sec.14A","sectionType":"section","heading":"University as a dual sector entity","content":"### sec.14A University as a dual sector entity\n\nThis section applies if the university is a dual sector entity under the TAFE Queensland Act 2013 .\nOn the next appointment of an appointed member to happen after the university becomes a dual sector entity, the person appointed must be a VET qualified person unless the appointed members already include a VET qualified person.\nSubject to subsection (2) , it is a requirement for the appointment of members under section 14 that the appointed members always include at least 1 person who is a VET qualified person.\nIn this section—\nVET qualified person means a person with substantial knowledge or experience of vocational education and training.\nvocational education and training see the TAFE Queensland Act 2013 , schedule 1 .\ns 14A ins 2014 No. 24 s 11\n(sec.14A-ssec.1) This section applies if the university is a dual sector entity under the TAFE Queensland Act 2013 .\n(sec.14A-ssec.2) On the next appointment of an appointed member to happen after the university becomes a dual sector entity, the person appointed must be a VET qualified person unless the appointed members already include a VET qualified person.\n(sec.14A-ssec.3) Subject to subsection (2) , it is a requirement for the appointment of members under section 14 that the appointed members always include at least 1 person who is a VET qualified person.\n(sec.14A-ssec.4) In this section— VET qualified person means a person with substantial knowledge or experience of vocational education and training. vocational education and training see the TAFE Queensland Act 2013 , schedule 1 .","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Elected members","content":"### sec.15 Elected members\n\nThere are 3 elected members.\nThe elected members are—\n1 member of the full-time or part-time academic staff; and\n1 member of the full-time or part-time general staff; and\n1 student.\nEach elected member is to be elected at a council election.\ns 15 amd 2005 No. 18 s 6 ; 2017 No. 36 s 95\n(sec.15-ssec.1) There are 3 elected members.\n(sec.15-ssec.2) The elected members are— 1 member of the full-time or part-time academic staff; and 1 member of the full-time or part-time general staff; and 1 student.\n(sec.15-ssec.3) Each elected member is to be elected at a council election.\n- (a) 1 member of the full-time or part-time academic staff; and\n- (b) 1 member of the full-time or part-time general staff; and\n- (c) 1 student.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Additional members","content":"### sec.16 Additional members\n\nThere are 4 additional members.\nThe council must appoint the additional members.\nThe council must appoint at least 2 graduates of the university as additional members.\nAn additional member must not be a student or a member of the university’s academic staff or general staff.\ns 16 sub 2005 No. 18 s 7\n(sec.16-ssec.1) There are 4 additional members.\n(sec.16-ssec.2) The council must appoint the additional members.\n(sec.16-ssec.3) The council must appoint at least 2 graduates of the university as additional members.\n(sec.16-ssec.4) An additional member must not be a student or a member of the university’s academic staff or general staff.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"When council is taken to be properly constituted","content":"### sec.17 When council is taken to be properly constituted\n\nThe council is taken to be properly constituted when it has 8 or more members, whether they be additional, appointed, elected or official members.\ns 17 amd 2005 No. 18 s 8","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Appointed member’s term of office","content":"### sec.18 Appointed member’s term of office\n\nAn appointed member is to be appointed for a term of not more than 4 years.\ns 18 amd 2005 No. 18 s 9","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Elected member’s term of office","content":"### sec.19 Elected member’s term of office\n\nAn elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.\nAn elected member mentioned in section 15 (2) (c) holds office for 2 years.\nAn elected member’s term of office starts—\nif the member is re-elected—the day after the day when the member’s previous term of office ends; or\nif paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.\ns 19 amd 2005 No. 18 s 10\n(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.\n(sec.19-ssec.2) An elected member mentioned in section 15 (2) (c) holds office for 2 years.\n(sec.19-ssec.3) An elected member’s term of office starts— if the member is re-elected—the day after the day when the member’s previous term of office ends; or if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.\n- (a) if the member is re-elected—the day after the day when the member’s previous term of office ends; or\n- (b) if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Additional member’s term of office","content":"### sec.20 Additional member’s term of office\n\nAn additional member is to be appointed for a term of not more than 4 years decided by the council.\ns 20 sub 2005 No. 18 s 11","sortOrder":25},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Dealing with casual vacancy in office of an elected member","content":"### sec.20A Dealing with casual vacancy in office of an elected member\n\nThis section applies if a casual vacancy arises in the office of an elected member.\nIf the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—\nwas a candidate for the office in the council election; and\nwas not elected; and\nreceived the highest number of votes of all the candidates who were not elected; and\nis eligible, under this Act, to be a member; and\nis willing to be, and available to perform the functions of, a member.\nSubsection (4) applies if—\nthe elected member was not elected at a council election; or\nno-one is eligible for appointment under subsection (2) .\nA person is to be elected to the office at a council election.\nDespite subsection (4) , if the elected member was a student, the council may appoint a student to the office.\nA person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.\ns 20A ins 2002 No. 75 s 4\namd 2005 No. 18 s 12 ; 2017 No. 36 s 96\n(sec.20A-ssec.1) This section applies if a casual vacancy arises in the office of an elected member.\n(sec.20A-ssec.2) If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who— was a candidate for the office in the council election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member.\n(sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a council election; or no-one is eligible for appointment under subsection (2) .\n(sec.20A-ssec.4) A person is to be elected to the office at a council election.\n(sec.20A-ssec.5) Despite subsection (4) , if the elected member was a student, the council may appoint a student to the office.\n(sec.20A-ssec.6) A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.\n- (a) was a candidate for the office in the council election; and\n- (b) was not elected; and\n- (c) received the highest number of votes of all the candidates who were not elected; and\n- (d) is eligible, under this Act, to be a member; and\n- (e) is willing to be, and available to perform the functions of, a member.\n- (a) the elected member was not elected at a council election; or\n- (b) no-one is eligible for appointment under subsection (2) .","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Failure to elect elected member","content":"### sec.21 Failure to elect elected member\n\nThis section applies if, by the end of the relevant day, a person is not elected for a class of elected members mentioned in section 15 (2) (a) to (c) (each a relevant class ).\nThe Minister may appoint a person as the elected member for the relevant class.\nThe council may, if asked by the Minister, nominate a person for appointment under subsection (2) .\nA person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.\nThis section applies to the periodic election of members and an election required because of a casual vacancy.\nIn this section—\nrelevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.\ns 21 amd 2002 No. 75 s 5\nsub 2005 No. 18 s 13 ; 2017 No. 36 s 97\n(sec.21-ssec.1) This section applies if, by the end of the relevant day, a person is not elected for a class of elected members mentioned in section 15 (2) (a) to (c) (each a relevant class ).\n(sec.21-ssec.2) The Minister may appoint a person as the elected member for the relevant class.\n(sec.21-ssec.3) The council may, if asked by the Minister, nominate a person for appointment under subsection (2) .\n(sec.21-ssec.4) A person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.\n(sec.21-ssec.5) This section applies to the periodic election of members and an election required because of a casual vacancy.\n(sec.21-ssec.6) In this section— relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Casual vacancies","content":"### sec.22 Casual vacancies\n\nA person appointed or elected to fill a casual vacancy in the office of a member is appointed or elected for the balance of the term of office of the person’s predecessor.\ns 22 amd 2002 No. 75 s 74 sch","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Ineligibility for membership of council","content":"### sec.23 Ineligibility for membership of council\n\nA person is not eligible to become an elected, appointed or additional member if—\nthe person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\nthe person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .\nAlso, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for more than 12 years, whether continuously or not.\nSubsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member.\nSubsection (1) (b) is subject to sections 25 and 26 .\ns 23 sub 2005 No. 18 s 14\namd 2017 No. 36 s 5\n(sec.23-ssec.1) A person is not eligible to become an elected, appointed or additional member if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .\n(sec.23-ssec.2) Also, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for more than 12 years, whether continuously or not.\n(sec.23-ssec.3) Subsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member.\n(sec.23-ssec.4) Subsection (1) (b) is subject to sections 25 and 26 .\n- (a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (b) the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Vacation of office","content":"### sec.24 Vacation of office\n\nThe office of an elected, appointed or additional member becomes vacant if—\nthe member dies; or\nfor an elected member of a class mentioned in section 15 (2) (a) to (c) —\nif the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\notherwise—the member ceases to be an eligible person for the class; or\nAn elected member of a class mentioned in section 15 (2) (c) ceases to be a student.\nfor an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or\nthe member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or\nthe member becomes an official member; or\nthe member resigns from office by signed notice—\nif the member is an appointed member—given to the Minister; or\nif the member is an elected or additional member—given to the vice-chancellor; or\nthe member is removed from office under section 26B ; or\nthe member is disqualified from managing corporations under the Corporations Act , part 2D .6; or\nthe member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .\nSee section 62D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .\nSubsection (1) (i) is subject to sections 25 and 26 .\nA resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.\nIn this section—\nnomination requirements means requirements for eligibility to be nominated as a candidate in a council election.\ns 24 amd 2005 No. 18 s 15 ; 2017 No. 36 s 6 ; 2017 No. 36 s 98\n(sec.24-ssec.1) The office of an elected, appointed or additional member becomes vacant if— the member dies; or for an elected member of a class mentioned in section 15 (2) (a) to (c) — if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or otherwise—the member ceases to be an eligible person for the class; or An elected member of a class mentioned in section 15 (2) (c) ceases to be a student. for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or the member becomes an official member; or the member resigns from office by signed notice— if the member is an appointed member—given to the Minister; or if the member is an elected or additional member—given to the vice-chancellor; or the member is removed from office under section 26B ; or the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) . See section 62D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .\n(sec.24-ssec.2) Subsection (1) (i) is subject to sections 25 and 26 .\n(sec.24-ssec.3) A resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.\n(sec.24-ssec.4) In this section— nomination requirements means requirements for eligibility to be nominated as a candidate in a council election.\n- (a) the member dies; or\n- (b) for an elected member of a class mentioned in section 15 (2) (a) to (c) — (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (c) ceases to be a student.\n- (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\n- (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (c) ceases to be a student.\n- (c) for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or\n- (d) the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or\n- (e) the member becomes an official member; or\n- (f) the member resigns from office by signed notice— (i) if the member is an appointed member—given to the Minister; or (ii) if the member is an elected or additional member—given to the vice-chancellor; or\n- (i) if the member is an appointed member—given to the Minister; or\n- (ii) if the member is an elected or additional member—given to the vice-chancellor; or\n- (g) the member is removed from office under section 26B ; or\n- (h) the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (i) the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .\n- (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\n- (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (c) ceases to be a student.\n- (i) if the member is an appointed member—given to the Minister; or\n- (ii) if the member is an elected or additional member—given to the vice-chancellor; or","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Discretion where appointed member convicted of indictable offence","content":"### sec.25 Discretion where appointed member convicted of indictable offence\n\nIf the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may—\nif the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or\notherwise—give written approval for the person to become an appointed member despite the conviction.\nOn the day the chancellor receives a notice under subsection (1) (a) —\nthe person is restored as an appointed member; and\nif another person has been appointed to fill the vacancy—the other person’s appointment ends.\nIf a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\ns 25 amd 2005 No. 18 s 165 sch ; 2017 No. 36 sch 1 pt 2\n(sec.25-ssec.1) If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may— if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or otherwise—give written approval for the person to become an appointed member despite the conviction.\n(sec.25-ssec.2) On the day the chancellor receives a notice under subsection (1) (a) — the person is restored as an appointed member; and if another person has been appointed to fill the vacancy—the other person’s appointment ends.\n(sec.25-ssec.3) If a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\n- (a) if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become an appointed member despite the conviction.\n- (a) the person is restored as an appointed member; and\n- (b) if another person has been appointed to fill the vacancy—the other person’s appointment ends.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Discretion where elected or additional member convicted of indictable offence","content":"### sec.26 Discretion where elected or additional member convicted of indictable offence\n\nIf the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may—\nif the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or\notherwise—give written approval for the person to become an elected or additional member despite the conviction.\nOn the day the person receives a notice under subsection (1) (a) —\nthe person is restored as an elected or additional member; and\nif another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.\nIf a person is restored as an elected or additional member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\ns 26 amd 2005 No. 18 s 165 sch ; 2017 No. 36 sch 1 pt 2\n(sec.26-ssec.1) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may— if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become an elected or additional member despite the conviction.\n(sec.26-ssec.2) On the day the person receives a notice under subsection (1) (a) — the person is restored as an elected or additional member; and if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.\n(sec.26-ssec.3) If a person is restored as an elected or additional member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\n- (a) if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become an elected or additional member despite the conviction.\n- (a) the person is restored as an elected or additional member; and\n- (b) if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.","sortOrder":32},{"sectionNumber":"pt.2-div.3A","sectionType":"division","heading":"Council elections","content":"## Council elections","sortOrder":33},{"sectionNumber":"sec.26AA","sectionType":"section","heading":"Election policy","content":"### sec.26AA Election policy\n\nThe council must—\nmake a policy (an election policy ) about the conduct of elections required under sections 15 and 20A ; and\npublish the election policy on the university’s website.\nThe election policy must include—\nprovisions to ensure the integrity and security of the voting system; and\nwithout limiting paragraph (a) , provisions to ensure—\nonly persons who are eligible to vote may vote; and\na person can not vote more than once in an election; and\nvoting is done by secret ballot; and\na person is not improperly influenced in voting; and\nprovisions stating the procedure for voting, including the procedure for issuing ballots; and\nprovisions about—\nnotifying the period during which an election is to be held; and\nnominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\npublishing the results of an election, including the day by which the results must be published; and\nmaking and resolving complaints.\nAlso, the election policy may include provisions stating requirements for—\neligibility to be nominated as a candidate for a particular class of elected members; and\neligibility to vote, including eligibility to vote for a particular class of elected members.\nThe election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.\ns 26AA ins 2017 No. 36 s 99\n(sec.26AA-ssec.1) The council must— make a policy (an election policy ) about the conduct of elections required under sections 15 and 20A ; and publish the election policy on the university’s website.\n(sec.26AA-ssec.2) The election policy must include— provisions to ensure the integrity and security of the voting system; and without limiting paragraph (a) , provisions to ensure— only persons who are eligible to vote may vote; and a person can not vote more than once in an election; and voting is done by secret ballot; and a person is not improperly influenced in voting; and provisions stating the procedure for voting, including the procedure for issuing ballots; and provisions about— notifying the period during which an election is to be held; and nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and publishing the results of an election, including the day by which the results must be published; and making and resolving complaints.\n(sec.26AA-ssec.3) Also, the election policy may include provisions stating requirements for— eligibility to be nominated as a candidate for a particular class of elected members; and eligibility to vote, including eligibility to vote for a particular class of elected members.\n(sec.26AA-ssec.4) The election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.\n- (a) make a policy (an election policy ) about the conduct of elections required under sections 15 and 20A ; and\n- (b) publish the election policy on the university’s website.\n- (a) provisions to ensure the integrity and security of the voting system; and\n- (b) without limiting paragraph (a) , provisions to ensure— (i) only persons who are eligible to vote may vote; and (ii) a person can not vote more than once in an election; and (iii) voting is done by secret ballot; and (iv) a person is not improperly influenced in voting; and\n- (i) only persons who are eligible to vote may vote; and\n- (ii) a person can not vote more than once in an election; and\n- (iii) voting is done by secret ballot; and\n- (iv) a person is not improperly influenced in voting; and\n- (c) provisions stating the procedure for voting, including the procedure for issuing ballots; and\n- (d) provisions about— (i) notifying the period during which an election is to be held; and (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and (iii) publishing the results of an election, including the day by which the results must be published; and (iv) making and resolving complaints.\n- (i) notifying the period during which an election is to be held; and\n- (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\n- (iii) publishing the results of an election, including the day by which the results must be published; and\n- (iv) making and resolving complaints.\n- (i) only persons who are eligible to vote may vote; and\n- (ii) a person can not vote more than once in an election; and\n- (iii) voting is done by secret ballot; and\n- (iv) a person is not improperly influenced in voting; and\n- (i) notifying the period during which an election is to be held; and\n- (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\n- (iii) publishing the results of an election, including the day by which the results must be published; and\n- (iv) making and resolving complaints.\n- (a) eligibility to be nominated as a candidate for a particular class of elected members; and\n- (b) eligibility to vote, including eligibility to vote for a particular class of elected members.","sortOrder":34},{"sectionNumber":"sec.26AB","sectionType":"section","heading":"Conduct of election","content":"### sec.26AB Conduct of election\n\nAn election required under section 15 or 20A must be held under the election policy.\ns 26AB ins 2017 No. 36 s 99","sortOrder":35},{"sectionNumber":"sec.26AC","sectionType":"section","heading":"Eligibility to vote","content":"### sec.26AC Eligibility to vote\n\nA person is eligible to vote in an election for a class of elected members mentioned in section 15 (2) (a) to (c) only if the person—\nis an eligible person for the class of elected members; and\notherwise meets any requirements under the election policy for eligibility to vote.\ns 26AC ins 2017 No. 36 s 99\n- (a) is an eligible person for the class of elected members; and\n- (b) otherwise meets any requirements under the election policy for eligibility to vote.","sortOrder":36},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Members’ function, and removing elected, appointed and additional members from office","content":"## Members’ function, and removing elected, appointed and additional members from office","sortOrder":37},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Member’s function, and obligations about function","content":"### sec.26A Member’s function, and obligations about function\n\nA member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.\nIn performing the function, a member—\nmust act honestly and in the best interests of the university; and\nmust exercise reasonable skill, care and diligence; and\nmust disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and\nmust not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.\ns 26A ins 2005 No. 18 s 16\n(sec.26A-ssec.1) A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.\n(sec.26A-ssec.2) In performing the function, a member— must act honestly and in the best interests of the university; and must exercise reasonable skill, care and diligence; and must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.\n- (a) must act honestly and in the best interests of the university; and\n- (b) must exercise reasonable skill, care and diligence; and\n- (c) must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and\n- (d) must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.","sortOrder":38},{"sectionNumber":"sec.26B","sectionType":"section","heading":"Council may remove member from office","content":"### sec.26B Council may remove member from office\n\nThe council may remove an elected, appointed or additional member from office if at least 10 members are satisfied the member has not complied with—\nsection 26A (2) ; or\na conduct obligation.\nIf the council decides to remove a member from office under subsection (1) , the council must as soon as practicable—\ngive the member notice of the decision and the reasons for it; and\nif the member is an appointed member—give the Minister a copy of the notice.\nIf the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following—\nthe day the member receives the notice;\nthe day, if any, stated in the notice for that purpose.\nThe council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .\ns 26B ins 2005 No. 18 s 16\n(sec.26B-ssec.1) The council may remove an elected, appointed or additional member from office if at least 10 members are satisfied the member has not complied with— section 26A (2) ; or a conduct obligation.\n(sec.26B-ssec.2) If the council decides to remove a member from office under subsection (1) , the council must as soon as practicable— give the member notice of the decision and the reasons for it; and if the member is an appointed member—give the Minister a copy of the notice.\n(sec.26B-ssec.3) If the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following— the day the member receives the notice; the day, if any, stated in the notice for that purpose.\n(sec.26B-ssec.4) The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .\n- (a) section 26A (2) ; or\n- (b) a conduct obligation.\n- (a) give the member notice of the decision and the reasons for it; and\n- (b) if the member is an appointed member—give the Minister a copy of the notice.\n- (a) the day the member receives the notice;\n- (b) the day, if any, stated in the notice for that purpose.","sortOrder":39},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Extending terms of office","content":"## Extending terms of office","sortOrder":40},{"sectionNumber":"sec.26C","sectionType":"section","heading":"Minister may extend terms of office","content":"### sec.26C Minister may extend terms of office\n\nThe Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension—\nis in the best interests of the university; and\nis necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.\nIf the Minister acts under subsection (1) , the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members.\nThe extension applies only to members holding office when the notice is given under subsection (1) .\nThis section—\ndoes not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and\napplies despite sections 18 , 19 (1) and (2) and 20 .\ns 26C ins 2005 No. 18 s 16\n(sec.26C-ssec.1) The Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension— is in the best interests of the university; and is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.\n(sec.26C-ssec.2) If the Minister acts under subsection (1) , the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members.\n(sec.26C-ssec.3) The extension applies only to members holding office when the notice is given under subsection (1) .\n(sec.26C-ssec.4) This section— does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and applies despite sections 18 , 19 (1) and (2) and 20 .\n- (a) is in the best interests of the university; and\n- (b) is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.\n- (a) does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and\n- (b) applies despite sections 18 , 19 (1) and (2) and 20 .","sortOrder":41},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Meetings of the council","content":"## Meetings of the council","sortOrder":42},{"sectionNumber":"sec.27","sectionType":"section","heading":"Who is to preside at meetings","content":"### sec.27 Who is to preside at meetings\n\nThe chancellor must preside at meetings of the council.\nHowever, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.\n(sec.27-ssec.1) The chancellor must preside at meetings of the council.\n(sec.27-ssec.2) However, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":"Quorum","content":"### sec.28 Quorum\n\nA quorum exists at a meeting of the council if at least half its members are present.","sortOrder":44},{"sectionNumber":"sec.29","sectionType":"section","heading":"Conduct of meetings","content":"### sec.29 Conduct of meetings\n\nThe council may otherwise regulate its proceedings as it considers appropriate.","sortOrder":45},{"sectionNumber":"pt.3","sectionType":"part","heading":"Certain officers of the university","content":"# Certain officers of the university","sortOrder":46},{"sectionNumber":"sec.30","sectionType":"section","heading":"Chancellor","content":"### sec.30 Chancellor\n\nThere is a chancellor of the university.\nThe council must elect a chancellor whenever there is a vacancy in the office.\nThe person elected need not be a member.\nThe person elected must not be a student or a member of the university’s academic staff or general staff.\nThe chancellor holds office for the term, not longer than 5 years, fixed by the council.\ns 30 amd 2005 No. 18 s 17\n(sec.30-ssec.1) There is a chancellor of the university.\n(sec.30-ssec.2) The council must elect a chancellor whenever there is a vacancy in the office.\n(sec.30-ssec.3) The person elected need not be a member.\n(sec.30-ssec.4) The person elected must not be a student or a member of the university’s academic staff or general staff.\n(sec.30-ssec.5) The chancellor holds office for the term, not longer than 5 years, fixed by the council.","sortOrder":47},{"sectionNumber":"sec.31","sectionType":"section","heading":"Deputy chancellor","content":"### sec.31 Deputy chancellor\n\nThere is a deputy chancellor of the university.\nThe council must elect a member as deputy chancellor whenever there is a vacancy in the office.\nThe deputy chancellor holds office for the term, not longer than 4 years, fixed by the council.\nThe deputy chancellor is to act as chancellor—\nduring a vacancy in the office of chancellor; and\nduring all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.\ns 31 amd 2005 No. 18 s 18 ; 2017 No. 36 s 7\n(sec.31-ssec.1) There is a deputy chancellor of the university.\n(sec.31-ssec.2) The council must elect a member as deputy chancellor whenever there is a vacancy in the office.\n(sec.31-ssec.3) The deputy chancellor holds office for the term, not longer than 4 years, fixed by the council.\n(sec.31-ssec.4) The deputy chancellor is to act as chancellor— during a vacancy in the office of chancellor; and during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.\n- (a) during a vacancy in the office of chancellor; and\n- (b) during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.","sortOrder":48},{"sectionNumber":"sec.32","sectionType":"section","heading":"Vice-chancellor","content":"### sec.32 Vice-chancellor\n\nThere is a vice-chancellor of the university.\nThe council must appoint a vice-chancellor whenever there is a vacancy in the office.\nThe terms of appointment are as decided by the council.\nThe vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.\nThe vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff.\nSee also section 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.\ns 32 amd 2017 No. 36 s 8\n(sec.32-ssec.1) There is a vice-chancellor of the university.\n(sec.32-ssec.2) The council must appoint a vice-chancellor whenever there is a vacancy in the office.\n(sec.32-ssec.3) The terms of appointment are as decided by the council.\n(sec.32-ssec.4) The vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.\n(sec.32-ssec.5) The vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff. See also section 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.","sortOrder":49},{"sectionNumber":"pt.4","sectionType":"part","heading":"Bodies connected with the university","content":"# Bodies connected with the university","sortOrder":50},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Student association","content":"## Student association","sortOrder":51},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2005 No. 18 s 19","sortOrder":52},{"sectionNumber":"sec.34","sectionType":"section","heading":"Establishment of student association","content":"### sec.34 Establishment of student association\n\nThe Central Queensland University Student Association is established.\nThe student association—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\n(sec.34-ssec.1) The Central Queensland University Student Association is established.\n(sec.34-ssec.2) The student association— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":53},{"sectionNumber":"sec.35","sectionType":"section","heading":"Composition","content":"### sec.35 Composition\n\nThe persons who are eligible to be members of the student association are—\nstudents; and\npersons eligible for membership under the student association’s constitution.\n- (a) students; and\n- (b) persons eligible for membership under the student association’s constitution.","sortOrder":54},{"sectionNumber":"sec.36","sectionType":"section","heading":"Role","content":"### sec.36 Role\n\nThe student association has the role and powers stated in its constitution.\nThe student association also has the role and powers decided by the council.\nHowever, the student association is not the employee or agent of the council.\n(sec.36-ssec.1) The student association has the role and powers stated in its constitution.\n(sec.36-ssec.2) The student association also has the role and powers decided by the council.\n(sec.36-ssec.3) However, the student association is not the employee or agent of the council.","sortOrder":55},{"sectionNumber":"sec.37","sectionType":"section","heading":"General powers","content":"### sec.37 General powers\n\nWithout limiting section 36 , the student association has all the powers of an individual, including, for example, the power to acquire, hold, dispose of, and deal with, property.","sortOrder":56},{"sectionNumber":"sec.38","sectionType":"section","heading":"Constitution","content":"### sec.38 Constitution\n\nThe student association must have a written constitution.\nThe student association’s constitution, and each amendment of the constitution, must be submitted to the council for its approval.\nThe constitution or amendment has no effect until approved by the council.\n(sec.38-ssec.1) The student association must have a written constitution.\n(sec.38-ssec.2) The student association’s constitution, and each amendment of the constitution, must be submitted to the council for its approval.\n(sec.38-ssec.3) The constitution or amendment has no effect until approved by the council.","sortOrder":57},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":null,"content":"","sortOrder":58},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2017 No. 36 s 100","sortOrder":59},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Academic board","content":"## Academic board","sortOrder":60},{"sectionNumber":"sec.40","sectionType":"section","heading":"Establishment of academic board","content":"### sec.40 Establishment of academic board\n\nThe council may establish an academic board of the university.\nThe council must determine the membership of the academic board.\nThe academic board must—\nadvise the council about teaching, scholarship and research matters concerning the university; and\nformulate proposals for the academic policies of the university; and\nmonitor the academic activities of the university’s faculties; and\npromote and encourage scholarship and research at the university.\n(sec.40-ssec.1) The council may establish an academic board of the university.\n(sec.40-ssec.2) The council must determine the membership of the academic board.\n(sec.40-ssec.3) The academic board must— advise the council about teaching, scholarship and research matters concerning the university; and formulate proposals for the academic policies of the university; and monitor the academic activities of the university’s faculties; and promote and encourage scholarship and research at the university.\n- (a) advise the council about teaching, scholarship and research matters concerning the university; and\n- (b) formulate proposals for the academic policies of the university; and\n- (c) monitor the academic activities of the university’s faculties; and\n- (d) promote and encourage scholarship and research at the university.","sortOrder":61},{"sectionNumber":"sec.40A","sectionType":"section","heading":"President of academic board","content":"### sec.40A President of academic board\n\nThere is to be a president of the academic board.\nThe council must decide who is the president.\nThe president holds office for the term, not longer than 3 years, decided by the council.\ns 40A (prev s 40AA) ins 2005 No. 18 s 20\nrenum 2005 No. 18 s 165 sch\n(sec.40A-ssec.1) There is to be a president of the academic board.\n(sec.40A-ssec.2) The council must decide who is the president.\n(sec.40A-ssec.3) The president holds office for the term, not longer than 3 years, decided by the council.","sortOrder":62},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Application of Corporations legislation to bodies","content":"## Application of Corporations legislation to bodies","sortOrder":63},{"sectionNumber":"sec.40B","sectionType":"section","heading":"Excluded matters for Corporations legislation","content":"### sec.40B Excluded matters for Corporations legislation\n\nThe academic board is declared to be an excluded matter for the Corporations Act , section 5F , in relation to parts 5.7 and 5 .7B of that Act.\nThe student association is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act.\nCorporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)\ns 40B (prev s 40A) ins 2001 No. 45 s 29 sch 3\namd 2005 No. 18 s 21\nrenum 2005 No. 18 s 165 sch\namd 2017 No. 36 s 101\n(sec.40B-ssec.1) The academic board is declared to be an excluded matter for the Corporations Act , section 5F , in relation to parts 5.7 and 5 .7B of that Act.\n(sec.40B-ssec.2) The student association is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act. Corporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)","sortOrder":64},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president","content":"# Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president","sortOrder":65},{"sectionNumber":"sec.40C","sectionType":"section","heading":"Disqualification from office","content":"### sec.40C Disqualification from office\n\nA person can not become, or continue as, the chancellor, vice-chancellor or president if—\nthe person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\nsubject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .\nSee section 62D for the requirement to disclose the disqualification or conviction.\nIf the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may—\nif the person was the chancellor, vice-chancellor or president when convicted—give notice to the person that the person—\nis restored as the chancellor, vice-chancellor or president; and\nmay be later re-elected or reappointed, despite the conviction; or\notherwise—give written approval for the person to become the chancellor, vice-chancellor or president despite the conviction.\nOn the day the person receives a notice under subsection (2) (a) —\nthe person is restored as the chancellor, vice-chancellor or president; and\nif another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.\nIf a person is restored as the chancellor, vice-chancellor or president under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or president ends when it would have ended if the person had not been convicted of the offence.\ns 40C ins 2005 No. 18 s 22\namd 2017 No. 36 s 9\n(sec.40C-ssec.1) A person can not become, or continue as, the chancellor, vice-chancellor or president if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . See section 62D for the requirement to disclose the disqualification or conviction.\n(sec.40C-ssec.2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may— if the person was the chancellor, vice-chancellor or president when convicted—give notice to the person that the person— is restored as the chancellor, vice-chancellor or president; and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become the chancellor, vice-chancellor or president despite the conviction.\n(sec.40C-ssec.3) On the day the person receives a notice under subsection (2) (a) — the person is restored as the chancellor, vice-chancellor or president; and if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.\n(sec.40C-ssec.4) If a person is restored as the chancellor, vice-chancellor or president under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or president ends when it would have ended if the person had not been convicted of the offence.\n- (a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (b) subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .\n- (a) if the person was the chancellor, vice-chancellor or president when convicted—give notice to the person that the person— (i) is restored as the chancellor, vice-chancellor or president; and (ii) may be later re-elected or reappointed, despite the conviction; or\n- (i) is restored as the chancellor, vice-chancellor or president; and\n- (ii) may be later re-elected or reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become the chancellor, vice-chancellor or president despite the conviction.\n- (i) is restored as the chancellor, vice-chancellor or president; and\n- (ii) may be later re-elected or reappointed, despite the conviction; or\n- (a) the person is restored as the chancellor, vice-chancellor or president; and\n- (b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.","sortOrder":66},{"sectionNumber":"sec.40D","sectionType":"section","heading":"Council may remove chancellor, vice-chancellor or president from office","content":"### sec.40D Council may remove chancellor, vice-chancellor or president from office\n\nThe council may remove the chancellor, vice-chancellor or president from office if at least 10 members are satisfied the chancellor, vice-chancellor or president has not complied with—\nsection 26A (2) ; or\na conduct obligation.\nIf the council decides to remove the chancellor, vice-chancellor or president from office under subsection (1) , the council must as soon as practicable give the chancellor, vice-chancellor or president notice of the decision and the reasons for it.\nThe chancellor’s, vice-chancellor’s or president’s term of office ends on the later of the following—\nthe day he or she receives the notice;\nthe day, if any, stated in the notice for that purpose.\ns 40D ins 2005 No. 18 s 22\n(sec.40D-ssec.1) The council may remove the chancellor, vice-chancellor or president from office if at least 10 members are satisfied the chancellor, vice-chancellor or president has not complied with— section 26A (2) ; or a conduct obligation.\n(sec.40D-ssec.2) If the council decides to remove the chancellor, vice-chancellor or president from office under subsection (1) , the council must as soon as practicable give the chancellor, vice-chancellor or president notice of the decision and the reasons for it.\n(sec.40D-ssec.3) The chancellor’s, vice-chancellor’s or president’s term of office ends on the later of the following— the day he or she receives the notice; the day, if any, stated in the notice for that purpose.\n- (a) section 26A (2) ; or\n- (b) a conduct obligation.\n- (a) the day he or she receives the notice;\n- (b) the day, if any, stated in the notice for that purpose.","sortOrder":67},{"sectionNumber":"sec.40E","sectionType":"section","heading":"Particular matters about removal of vice-chancellor","content":"### sec.40E Particular matters about removal of vice-chancellor\n\nThe council may remove the vice-chancellor from office under section 40D despite the vice-chancellor’s terms of appointment.\nIf the council removes the vice-chancellor from office under section 40D —\nthe removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and\nthe vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if—\nthe appointment had been ended as permitted under the terms of appointment; or\nhis or her term of office had ended.\ns 40E ins 2005 No. 18 s 22\n(sec.40E-ssec.1) The council may remove the vice-chancellor from office under section 40D despite the vice-chancellor’s terms of appointment.\n(sec.40E-ssec.2) If the council removes the vice-chancellor from office under section 40D — the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— the appointment had been ended as permitted under the terms of appointment; or his or her term of office had ended.\n- (a) the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and\n- (b) the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— (i) the appointment had been ended as permitted under the terms of appointment; or (ii) his or her term of office had ended.\n- (i) the appointment had been ended as permitted under the terms of appointment; or\n- (ii) his or her term of office had ended.\n- (i) the appointment had been ended as permitted under the terms of appointment; or\n- (ii) his or her term of office had ended.","sortOrder":68},{"sectionNumber":"sec.40F","sectionType":"section","heading":"Vacation of office","content":"### sec.40F Vacation of office\n\nThe office of the chancellor, vice-chancellor or president becomes vacant if he or she—\ncan not continue as the chancellor, vice-chancellor or president under section 40C ; or\nis removed from office under section 40D .\nThe office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.\ns 40F ins 2005 No. 18 s 22\n(sec.40F-ssec.1) The office of the chancellor, vice-chancellor or president becomes vacant if he or she— can not continue as the chancellor, vice-chancellor or president under section 40C ; or is removed from office under section 40D .\n(sec.40F-ssec.2) The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.\n- (a) can not continue as the chancellor, vice-chancellor or president under section 40C ; or\n- (b) is removed from office under section 40D .","sortOrder":69},{"sectionNumber":"pt.5","sectionType":"part","heading":"Property and finance","content":"# Property and finance","sortOrder":70},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Property held on trust or conditions","content":"## Property held on trust or conditions","sortOrder":71},{"sectionNumber":"sec.41","sectionType":"section","heading":"Definition for div 1","content":"### sec.41 Definition for div 1\n\nIn this division—\nproperty includes income from property and a part or residue of the property.","sortOrder":72},{"sectionNumber":"sec.42","sectionType":"section","heading":"Amendment of terms of trusts and gifts","content":"### sec.42 Amendment of terms of trusts and gifts\n\nThis section applies if—\nproperty is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and\nthe council is satisfied—\nthe donor’s purpose—\nhas been wholly or substantially achieved; or\nno longer exists; or\nhas been adequately provided for in another way; or\nis uncertain, can not be identified, or is insufficiently defined; or\nbecomes impossible, impractical or inexpedient to carry out; or\nthe property is inadequate for the donor’s purpose.\nThe council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).\nThe scheme must be in writing.\nThe university must without charge give a copy of the scheme to anyone who asks for it.\n(sec.42-ssec.1) This section applies if— property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and the council is satisfied— the donor’s purpose— has been wholly or substantially achieved; or no longer exists; or has been adequately provided for in another way; or is uncertain, can not be identified, or is insufficiently defined; or becomes impossible, impractical or inexpedient to carry out; or the property is inadequate for the donor’s purpose.\n(sec.42-ssec.2) The council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).\n(sec.42-ssec.3) The scheme must be in writing.\n(sec.42-ssec.4) The university must without charge give a copy of the scheme to anyone who asks for it.\n- (a) property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and\n- (b) the council is satisfied— (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or (ii) the property is inadequate for the donor’s purpose.\n- (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or\n- (A) has been wholly or substantially achieved; or\n- (B) no longer exists; or\n- (C) has been adequately provided for in another way; or\n- (D) is uncertain, can not be identified, or is insufficiently defined; or\n- (E) becomes impossible, impractical or inexpedient to carry out; or\n- (ii) the property is inadequate for the donor’s purpose.\n- (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or\n- (A) has been wholly or substantially achieved; or\n- (B) no longer exists; or\n- (C) has been adequately provided for in another way; or\n- (D) is uncertain, can not be identified, or is insufficiently defined; or\n- (E) becomes impossible, impractical or inexpedient to carry out; or\n- (ii) the property is inadequate for the donor’s purpose.\n- (A) has been wholly or substantially achieved; or\n- (B) no longer exists; or\n- (C) has been adequately provided for in another way; or\n- (D) is uncertain, can not be identified, or is insufficiently defined; or\n- (E) becomes impossible, impractical or inexpedient to carry out; or","sortOrder":73},{"sectionNumber":"sec.43","sectionType":"section","heading":"Selection of designated purpose","content":"### sec.43 Selection of designated purpose\n\nIn selecting the designated purpose, the council must prefer a purpose that—\nis as nearly similar as practicable to the donor’s purpose; and\ncan practically and conveniently be achieved.\nHowever, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .\n(sec.43-ssec.1) In selecting the designated purpose, the council must prefer a purpose that— is as nearly similar as practicable to the donor’s purpose; and can practically and conveniently be achieved.\n(sec.43-ssec.2) However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .\n- (a) is as nearly similar as practicable to the donor’s purpose; and\n- (b) can practically and conveniently be achieved.","sortOrder":74},{"sectionNumber":"sec.44","sectionType":"section","heading":"Property to be held for designated purpose","content":"### sec.44 Property to be held for designated purpose\n\nProperty to which the scheme applies is to be held by the university for the property’s designated purpose instead of the donor’s purpose.","sortOrder":75},{"sectionNumber":"sec.45","sectionType":"section","heading":"Certain persons to be given notice of scheme","content":"### sec.45 Certain persons to be given notice of scheme\n\nIf the scheme applies to land, the university must, as soon as practicable after the scheme is set up, give a copy of the scheme to the registrar of titles.","sortOrder":76},{"sectionNumber":"sec.46","sectionType":"section","heading":"Amendment of scheme","content":"### sec.46 Amendment of scheme\n\nThe council may amend the scheme.\nSections 42 to 45 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.\n(sec.46-ssec.1) The council may amend the scheme.\n(sec.46-ssec.2) Sections 42 to 45 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.","sortOrder":77},{"sectionNumber":"sec.47","sectionType":"section","heading":"University’s powers under other laws not limited","content":"### sec.47 University’s powers under other laws not limited\n\nThis division does not limit the university’s powers and rights under any other law about property held on trust by the university.","sortOrder":78},{"sectionNumber":"sec.48","sectionType":"section","heading":"University may carry out conditions of gift etc.","content":"### sec.48 University may carry out conditions of gift etc.\n\nThe university may agree to and carry out any conditions of a gift, grant, bequest or devise of property to the university.","sortOrder":79},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Dealing with State land by council","content":"## Dealing with State land by council","sortOrder":80},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application of Land Act 1994","content":"### sec.49 Application of Land Act 1994\n\nState land is held and may be disposed of under the Land Act 1994 .\nHowever, the university may grant an interest in State land only by way of lease.\nDespite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational reserve may be for up to 100 years.\nSubsection (5) applies if the purpose for which a reserve was dedicated under the Land Act 1994 includes a reference to—\n‘educational institution’; or\n‘university’.\nThe purpose is taken to include anything that is consistent with the university’s functions under section 5 .\nSubsections (4) and (5) apply whether the reserve was dedicated before or after the commencement of this section.\nIn this section—\noperational reserve see the Land Act 1994 , schedule 6 .\ns 49 amd 2011 No. 39 s 4\n(sec.49-ssec.1) State land is held and may be disposed of under the Land Act 1994 .\n(sec.49-ssec.2) However, the university may grant an interest in State land only by way of lease.\n(sec.49-ssec.3) Despite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational reserve may be for up to 100 years.\n(sec.49-ssec.4) Subsection (5) applies if the purpose for which a reserve was dedicated under the Land Act 1994 includes a reference to— ‘educational institution’; or ‘university’.\n(sec.49-ssec.5) The purpose is taken to include anything that is consistent with the university’s functions under section 5 .\n(sec.49-ssec.6) Subsections (4) and (5) apply whether the reserve was dedicated before or after the commencement of this section.\n(sec.49-ssec.7) In this section— operational reserve see the Land Act 1994 , schedule 6 .\n- (a) ‘educational institution’; or\n- (b) ‘university’.","sortOrder":81},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Finance","content":"## Finance","sortOrder":82},{"sectionNumber":"sec.50","sectionType":"section","heading":"University is statutory body under the Financial Accountability Act 2009","content":"### sec.50 University is statutory body under the Financial Accountability Act 2009\n\nTo remove any doubt, it is declared that the university is a statutory body under the Financial Accountability Act 2009 .\ns 50 amd 2009 No. 9 s 136 sch 1","sortOrder":83},{"sectionNumber":"sec.51","sectionType":"section","heading":"University is statutory body under the Statutory Bodies Financial Arrangements Act 1982","content":"### sec.51 University is statutory body under the Statutory Bodies Financial Arrangements Act 1982\n\nUnder the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.51-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.\n(sec.51-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":84},{"sectionNumber":"sec.52","sectionType":"section","heading":"Trust funds","content":"### sec.52 Trust funds\n\nThe university may establish or administer trust funds.","sortOrder":85},{"sectionNumber":"sec.53","sectionType":"section","heading":"Investment common fund","content":"### sec.53 Investment common fund\n\nThe university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.\nThe university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.\nThe university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.\nDespite subsection (3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.\nAlso, despite subsection (3) , the university may—\nadd a part of the income of the investment common fund to the fund’s capital; or\nuse a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.\n(sec.53-ssec.1) The university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.\n(sec.53-ssec.2) The university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.\n(sec.53-ssec.3) The university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.\n(sec.53-ssec.4) Despite subsection (3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.\n(sec.53-ssec.5) Also, despite subsection (3) , the university may— add a part of the income of the investment common fund to the fund’s capital; or use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.\n- (a) add a part of the income of the investment common fund to the fund’s capital; or\n- (b) use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.","sortOrder":86},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application of revenue","content":"### sec.54 Application of revenue\n\nSubject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.\nTo remove any doubt, each of the following purposes is a university purpose—\nenabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere;\nthe advancement of learning generally;\nhelping a body affiliated or associated with the university.\n(sec.54-ssec.1) Subject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.\n(sec.54-ssec.2) To remove any doubt, each of the following purposes is a university purpose— enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere; the advancement of learning generally; helping a body affiliated or associated with the university.\n- (a) enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere;\n- (b) the advancement of learning generally;\n- (c) helping a body affiliated or associated with the university.","sortOrder":87},{"sectionNumber":"sec.55","sectionType":"section","heading":"Financial review","content":"### sec.55 Financial review\n\nThe council must, in each year, adopt a budget for the university for the next year.\nIn framing the budget the council need not take account of amounts mentioned in subsection (4) .\nThe council must control its spending as nearly as possible within the limits of the approved budget.\nThe council must undertake an annual review of—\namounts available, or expected to be available, to the university by way of bequest, donation or special grant; and\nthe spending of the amounts.\n(sec.55-ssec.1) The council must, in each year, adopt a budget for the university for the next year.\n(sec.55-ssec.2) In framing the budget the council need not take account of amounts mentioned in subsection (4) .\n(sec.55-ssec.3) The council must control its spending as nearly as possible within the limits of the approved budget.\n(sec.55-ssec.4) The council must undertake an annual review of— amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and the spending of the amounts.\n- (a) amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and\n- (b) the spending of the amounts.","sortOrder":88},{"sectionNumber":"sec.56","sectionType":"section","heading":"University’s financial year","content":"### sec.56 University’s financial year\n\nThe university’s financial year is a calendar year.","sortOrder":89},{"sectionNumber":"pt.6","sectionType":"part","heading":null,"content":"","sortOrder":90},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 amd 2005 No. 18 s 23 ; 2017 No. 36 s 10\nom 2017 No. 36 s 102","sortOrder":91},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 2017 No. 36 s 102","sortOrder":92},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 2017 No. 36 s 102","sortOrder":93},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 om 2017 No. 36 s 102","sortOrder":94},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":95},{"sectionNumber":"sec.61","sectionType":"section","heading":"Forming and taking part in corporations","content":"### sec.61 Forming and taking part in corporations\n\nThe university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following—\nmaking available facilities for study, research or education;\nproviding teaching, research, development, consultancy or other services for public or private entities;\nhelping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;\npreparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;\nexploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;\nseeking or encouraging gifts to the university or for the university’s purposes;\nanother object, consistent with this Act, that the council considers is appropriate in the circumstances.\nThe university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.\nThis section applies despite the Corporations Act .\ns 61 amd 2001 No. 45 s 29 sch s 2 – 3 ; 2005 No. 18 s 24\n(sec.61-ssec.1) The university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following— making available facilities for study, research or education; providing teaching, research, development, consultancy or other services for public or private entities; helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research; preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software; exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else; seeking or encouraging gifts to the university or for the university’s purposes; another object, consistent with this Act, that the council considers is appropriate in the circumstances.\n(sec.61-ssec.2) The university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.\n(sec.61-ssec.3) This section applies despite the Corporations Act .\n- (a) making available facilities for study, research or education;\n- (b) providing teaching, research, development, consultancy or other services for public or private entities;\n- (c) helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;\n- (d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;\n- (e) exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;\n- (f) seeking or encouraging gifts to the university or for the university’s purposes;\n- (g) another object, consistent with this Act, that the council considers is appropriate in the circumstances.","sortOrder":96},{"sectionNumber":"sec.62","sectionType":"section","heading":"Use of facilities and staff","content":"### sec.62 Use of facilities and staff\n\nThe university may enter into a contract or other arrangement with an entity for the use of the university’s facilities and the provision of services by the university’s staff.","sortOrder":97},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Protection from liability","content":"### sec.62A Protection from liability\n\nA member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.\ns 62A ins 2005 No. 18 s 25\n(sec.62A-ssec.1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\n(sec.62A-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.","sortOrder":98},{"sectionNumber":"sec.62B","sectionType":"section","heading":"Report about person’s criminal history","content":"### sec.62B Report about person’s criminal history\n\nTo decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nTo decide whether a person is eligible to be the chancellor, vice-chancellor or president, or an elected or additional member, the council may ask the commissioner of the police service for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nThe commissioner of the police service must comply with a request under subsection (1) or (2) .\nHowever, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.\nThe duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\nIn this section—\ncriminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\ns 62B ins 2005 No. 18 s 25\n(sec.62B-ssec.1) To decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.62B-ssec.2) To decide whether a person is eligible to be the chancellor, vice-chancellor or president, or an elected or additional member, the council may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.62B-ssec.3) The commissioner of the police service must comply with a request under subsection (1) or (2) .\n(sec.62B-ssec.4) However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.\n(sec.62B-ssec.5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.62B-ssec.6) The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.62B-ssec.7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":99},{"sectionNumber":"sec.62C","sectionType":"section","heading":"Delegation by Minister","content":"### sec.62C Delegation by Minister\n\nThe Minister may delegate the Minister’s power under section 62B (1) to an appropriately qualified officer of the department.\ns 62C ins 2005 No. 18 s 25","sortOrder":100},{"sectionNumber":"sec.62D","sectionType":"section","heading":"Requirement to disclose particular matters","content":"### sec.62D Requirement to disclose particular matters\n\nThis section applies if a person who is a member—\nis disqualified from managing corporations under the Corporations Act , part 2D .6; or\nis convicted of an indictable offence mentioned in section 24 (1) (i) or 40C (1) (b) .\nThe person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to—\nif the person is the chancellor when disqualified or convicted—the vice-chancellor; or\nif the person is an appointed member when disqualified or convicted—the Minister; or\notherwise—the chancellor.\nMaximum penalty—100 penalty units.\nThe notice must include the following information—\nif the notice is of the person’s disqualification—\nthe existence of the disqualification; and\nwhen the disqualification took effect; and\nsufficient details to identify the grounds for the disqualification;\nif the notice is of the person’s conviction—\nthe existence of the conviction; and\nwhen the offence was committed; and\nsufficient details to identify the offence; and\nthe sentence imposed on the person.\nThe Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.\ns 62D ins 2017 No. 36 s 11\namd 2017 No. 36 sch 1 pt 2\n(sec.62D-ssec.1) This section applies if a person who is a member— is disqualified from managing corporations under the Corporations Act , part 2D .6; or is convicted of an indictable offence mentioned in section 24 (1) (i) or 40C (1) (b) .\n(sec.62D-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to— if the person is the chancellor when disqualified or convicted—the vice-chancellor; or if the person is an appointed member when disqualified or convicted—the Minister; or otherwise—the chancellor. Maximum penalty—100 penalty units.\n(sec.62D-ssec.3) The notice must include the following information— if the notice is of the person’s disqualification— the existence of the disqualification; and when the disqualification took effect; and sufficient details to identify the grounds for the disqualification; if the notice is of the person’s conviction— the existence of the conviction; and when the offence was committed; and sufficient details to identify the offence; and the sentence imposed on the person.\n(sec.62D-ssec.4) The Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.\n- (a) is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (b) is convicted of an indictable offence mentioned in section 24 (1) (i) or 40C (1) (b) .\n- (a) if the person is the chancellor when disqualified or convicted—the vice-chancellor; or\n- (b) if the person is an appointed member when disqualified or convicted—the Minister; or\n- (c) otherwise—the chancellor.\n- (a) if the notice is of the person’s disqualification— (i) the existence of the disqualification; and (ii) when the disqualification took effect; and (iii) sufficient details to identify the grounds for the disqualification;\n- (i) the existence of the disqualification; and\n- (ii) when the disqualification took effect; and\n- (iii) sufficient details to identify the grounds for the disqualification;\n- (b) if the notice is of the person’s conviction— (i) the existence of the conviction; and (ii) when the offence was committed; and (iii) sufficient details to identify the offence; and (iv) the sentence imposed on the person.\n- (i) the existence of the conviction; and\n- (ii) when the offence was committed; and\n- (iii) sufficient details to identify the offence; and\n- (iv) the sentence imposed on the person.\n- (i) the existence of the disqualification; and\n- (ii) when the disqualification took effect; and\n- (iii) sufficient details to identify the grounds for the disqualification;\n- (i) the existence of the conviction; and\n- (ii) when the offence was committed; and\n- (iii) sufficient details to identify the offence; and\n- (iv) the sentence imposed on the person.","sortOrder":101},{"sectionNumber":"sec.62E","sectionType":"section","heading":"Restrictions on disclosing protected information","content":"### sec.62E Restrictions on disclosing protected information\n\nThis section applies to a person who possesses protected information because the person is or was—\nthe Minister; or\na member; or\na person involved in the administration of this Act, including, for example, as a public service employee; or\na person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\nThe person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) .\nMaximum penalty—100 penalty units.\nThe person may disclose the protected information to another person—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not identify the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\nAlso, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions—\nthe council;\na committee of the council;\na member;\nanother person.\nIn this section—\nfunction includes power.\nperform , a function, includes exercise a power.\nprotected information means—\na report, or information contained in a report, given under section 62B ; or\na notice, or information contained in a notice, given under section 62D .\ns 62E ins 2017 No. 36 s 11\n(sec.62E-ssec.1) This section applies to a person who possesses protected information because the person is or was— the Minister; or a member; or a person involved in the administration of this Act, including, for example, as a public service employee; or a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\n(sec.62E-ssec.2) The person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) . Maximum penalty—100 penalty units.\n(sec.62E-ssec.3) The person may disclose the protected information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n(sec.62E-ssec.4) Also, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions— the council; a committee of the council; a member; another person.\n(sec.62E-ssec.5) In this section— function includes power. perform , a function, includes exercise a power. protected information means— a report, or information contained in a report, given under section 62B ; or a notice, or information contained in a notice, given under section 62D .\n- (a) the Minister; or\n- (b) a member; or\n- (c) a person involved in the administration of this Act, including, for example, as a public service employee; or\n- (d) a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under an Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the information relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not identify the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.\n- (a) the council;\n- (b) a committee of the council;\n- (c) a member;\n- (d) another person.\n- (a) a report, or information contained in a report, given under section 62B ; or\n- (b) a notice, or information contained in a notice, given under section 62D .","sortOrder":102},{"sectionNumber":"sec.63","sectionType":"section","heading":"Control of traffic and conduct on university land","content":"### sec.63 Control of traffic and conduct on university land\n\nSchedule 1 has effect.","sortOrder":103},{"sectionNumber":"sec.64","sectionType":"section","heading":"Regulation-making power","content":"### sec.64 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":104},{"sectionNumber":"sec.65","sectionType":"section","heading":"Repealed Act references","content":"### sec.65 Repealed Act references\n\nIn an Act or document, a reference to the Central Queensland University Act 1989 may, if the context permits, be taken to be a reference to this Act.","sortOrder":105},{"sectionNumber":"pt.8","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":106},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Repeal provision, and transitional provisions before the University Legislation Amendment Act 2005","content":"## Repeal provision, and transitional provisions before the University Legislation Amendment Act 2005","sortOrder":107},{"sectionNumber":"sec.66","sectionType":"section","heading":"Definitions for div 1","content":"### sec.66 Definitions for div 1\n\nIn this division—\nappointed member ...\ns 66 def appointed member om 1998 No. 47 s 84 (1)\ncommencing day means the day the provision in which the term is used commences.\ns 66 def commencing day sub 2005 No. 18 s 165 sch\ncontinuing corporation , for a former corporation, means—\nfor the university established under the repealed Act—the university established under section 4; or\nfor the union—the student association.\nex-officio member ...\ns 66 def ex-officio member om 1998 No. 47 s 84 (1)\nformer corporation means the university established under the repealed Act or union.\nprevious council means the council of the university established under the repealed Act.\ns 66 def previous council ins 1998 No. 47 s 84 (2)\nrepealed Act means the Central Queensland University Act 1989 .\nunion means the union established under the repealed Act.\ns 66 amd 2005 No. 18 s 165 sch\n- (a) for the university established under the repealed Act—the university established under section 4; or\n- (b) for the union—the student association.","sortOrder":108},{"sectionNumber":"sec.67","sectionType":"section","heading":"Repeal","content":"### sec.67 Repeal\n\nThe Central Queensland University Act 1989 is repealed.","sortOrder":109},{"sectionNumber":"sec.68","sectionType":"section","heading":"Continuation of university and union","content":"### sec.68 Continuation of university and union\n\nThe university established under the repealed Act is continued as the university established under section 4.\nThe union is continued as the student association established under section 34.\n(sec.68-ssec.1) The university established under the repealed Act is continued as the university established under section 4.\n(sec.68-ssec.2) The union is continued as the student association established under section 34.","sortOrder":110},{"sectionNumber":"sec.69","sectionType":"section","heading":"Assets and liabilities","content":"### sec.69 Assets and liabilities\n\nOn the commencing day—\nthe assets and liabilities of a former corporation continue to be the assets and liabilities of the continuing corporation for the former corporation; and\nany property that, immediately before the commencing day, was held in trust by a former corporation continues to be held by the continuing corporation for the former corporation on the same trusts.\n- (a) the assets and liabilities of a former corporation continue to be the assets and liabilities of the continuing corporation for the former corporation; and\n- (b) any property that, immediately before the commencing day, was held in trust by a former corporation continues to be held by the continuing corporation for the former corporation on the same trusts.","sortOrder":111},{"sectionNumber":"sec.70","sectionType":"section","heading":"Contracts","content":"### sec.70 Contracts\n\nAny contracts entered into by or on behalf of a former corporation and all guarantees, undertakings and securities given by or on behalf of or to a former corporation, in force immediately before the commencing day are taken to have been entered into or given by or to the continuing corporation for the former corporation and may be enforced against or by the continuing corporation accordingly.","sortOrder":112},{"sectionNumber":"sec.71","sectionType":"section","heading":"Proceedings","content":"### sec.71 Proceedings\n\nA proceeding that could have been started or continued by or against a former corporation before the commencing day may be started or continued by or against the continuing corporation for the former corporation.","sortOrder":113},{"sectionNumber":"sec.72","sectionType":"section","heading":"Chancellor, deputy chancellor and vice-chancellor","content":"### sec.72 Chancellor, deputy chancellor and vice-chancellor\n\nThis section applies to a person who, immediately before the commencing day, held office as the chancellor, deputy chancellor or vice-chancellor of the university established under the repealed Act.\nOn the commencing day, the person is taken to hold office as chancellor, deputy chancellor or vice-chancellor of the university until the end of the person’s term of office or earlier vacating office.\ns 72 sub 1998 No. 47 s 85\n(sec.72-ssec.1) This section applies to a person who, immediately before the commencing day, held office as the chancellor, deputy chancellor or vice-chancellor of the university established under the repealed Act.\n(sec.72-ssec.2) On the commencing day, the person is taken to hold office as chancellor, deputy chancellor or vice-chancellor of the university until the end of the person’s term of office or earlier vacating office.","sortOrder":114},{"sectionNumber":"sec.73","sectionType":"section","heading":"Appointed members of council","content":"### sec.73 Appointed members of council\n\nThis section applies to a person who, immediately before the commencing day, held office as a member of the previous council under section 8(1)(h) of the repealed Act.\nOn the commencing day, the person is taken to be a member of the council under section 14(1).\nA member of the council mentioned in this section holds office until 11 June 2001 or earlier vacating office.\ns 73 prev s 73 exp 11 June 1998 (see s 73(5))\npres s 73 ins 1998 No. 47 s 85\n(sec.73-ssec.1) This section applies to a person who, immediately before the commencing day, held office as a member of the previous council under section 8(1)(h) of the repealed Act.\n(sec.73-ssec.2) On the commencing day, the person is taken to be a member of the council under section 14(1).\n(sec.73-ssec.3) A member of the council mentioned in this section holds office until 11 June 2001 or earlier vacating office.","sortOrder":115},{"sectionNumber":"sec.73A","sectionType":"section","heading":"Elected members of council","content":"### sec.73A Elected members of council\n\nThis section applies to a person who, immediately before the commencing day, held office as a member of the previous council under section 8(1)(d), (e), (f) or (g) of the repealed Act.\nOn the commencing day—\na person who held office under section 8(1)(d) of the repealed Act is taken to be a member of the council under section 15(2)(a); and\nthe person who held office under section 8(1)(e) of the repealed Act is taken to be the member of the council under section 15(2)(b); and\nthe person, not being the president of the union, who held office under section 8(1)(f) of the repealed Act is taken to be the member of the council under section 15(2)(c); and\nSection 8(1)(f) of the repealed Act—\n2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;\nUnder the university’s statutes made under the repealed Act, the 2 members of the council who were enrolled students of the university consisted of the president of the union who was appointed to the council and another student elected to the council. This section provides a transitional arrangement for the student elected to the council.\na person who held office under section 8(1)(g) of the repealed Act is taken to be a member of the council under section 15(2)(d).\nA member mentioned in subsection (2) holds office as a member of the council until 11 June 2001 or earlier vacating office.\nSubsection (3) applies despite section 19.\ns 73A ins 1998 No. 47 s 85\n(sec.73A-ssec.1) This section applies to a person who, immediately before the commencing day, held office as a member of the previous council under section 8(1)(d), (e), (f) or (g) of the repealed Act.\n(sec.73A-ssec.2) On the commencing day— a person who held office under section 8(1)(d) of the repealed Act is taken to be a member of the council under section 15(2)(a); and the person who held office under section 8(1)(e) of the repealed Act is taken to be the member of the council under section 15(2)(b); and the person, not being the president of the union, who held office under section 8(1)(f) of the repealed Act is taken to be the member of the council under section 15(2)(c); and Section 8(1)(f) of the repealed Act— 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes; Under the university’s statutes made under the repealed Act, the 2 members of the council who were enrolled students of the university consisted of the president of the union who was appointed to the council and another student elected to the council. This section provides a transitional arrangement for the student elected to the council. a person who held office under section 8(1)(g) of the repealed Act is taken to be a member of the council under section 15(2)(d).\n(sec.73A-ssec.3) A member mentioned in subsection (2) holds office as a member of the council until 11 June 2001 or earlier vacating office.\n(sec.73A-ssec.4) Subsection (3) applies despite section 19.\n- (a) a person who held office under section 8(1)(d) of the repealed Act is taken to be a member of the council under section 15(2)(a); and\n- (b) the person who held office under section 8(1)(e) of the repealed Act is taken to be the member of the council under section 15(2)(b); and\n- (c) the person, not being the president of the union, who held office under section 8(1)(f) of the repealed Act is taken to be the member of the council under section 15(2)(c); and Editor’s note— Section 8(1)(f) of the repealed Act— (f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes; Under the university’s statutes made under the repealed Act, the 2 members of the council who were enrolled students of the university consisted of the president of the union who was appointed to the council and another student elected to the council. This section provides a transitional arrangement for the student elected to the council.\n- (f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;\n- (f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;\n- (d) a person who held office under section 8(1)(g) of the repealed Act is taken to be a member of the council under section 15(2)(d).\n- (f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;\n- (f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;\n- (f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;","sortOrder":116},{"sectionNumber":"sec.73B","sectionType":"section","heading":"President of union","content":"### sec.73B President of union\n\nThis section applies to the person who, immediately before the commencing day, held office as the president of the union.\nOn the commencing day, the person is taken to hold office as president of the student association until the end of the person’s term of office or earlier vacating office.\ns 73B ins 1998 No. 47 s 85\n(sec.73B-ssec.1) This section applies to the person who, immediately before the commencing day, held office as the president of the union.\n(sec.73B-ssec.2) On the commencing day, the person is taken to hold office as president of the student association until the end of the person’s term of office or earlier vacating office.","sortOrder":117},{"sectionNumber":"sec.74","sectionType":"section","heading":"Staff’s rights and entitlements","content":"### sec.74 Staff’s rights and entitlements\n\nThis section applies to a person who immediately before the commencing day was a staff member of a former corporation.\nOn the commencing day, the person is taken to be employed by the continuing corporation for the former corporation on the same conditions on which the person was employed by the former corporation.\nIn addition, the person—\nkeeps all rights accrued or accruing to the person as a staff member of the former corporation; and\nis entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as a staff member of the former corporation.\nAlso, if the person is a member of the superannuation scheme under the Superannuation (State Public Sector) Act 1990 —\nthe person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\nthe person’s membership of the scheme is not affected.\n(sec.74-ssec.1) This section applies to a person who immediately before the commencing day was a staff member of a former corporation.\n(sec.74-ssec.2) On the commencing day, the person is taken to be employed by the continuing corporation for the former corporation on the same conditions on which the person was employed by the former corporation.\n(sec.74-ssec.3) In addition, the person— keeps all rights accrued or accruing to the person as a staff member of the former corporation; and is entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as a staff member of the former corporation.\n(sec.74-ssec.4) Also, if the person is a member of the superannuation scheme under the Superannuation (State Public Sector) Act 1990 — the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and the person’s membership of the scheme is not affected.\n- (a) keeps all rights accrued or accruing to the person as a staff member of the former corporation; and\n- (b) is entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as a staff member of the former corporation.\n- (a) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and\n- (b) the person’s membership of the scheme is not affected.","sortOrder":118},{"sectionNumber":"sec.75","sectionType":"section","heading":"University statutes and rules","content":"### sec.75 University statutes and rules\n\nAn existing instrument (to the extent that it is consistent with this Act) continues in force under this Act.\nHowever, the instrument expires 1 year after the commencing day, unless sooner repealed.\nIn this section—\nexisting instrument means a university statute or rule made under the repealed Act and in force immediately before the commencing day.\n(sec.75-ssec.1) An existing instrument (to the extent that it is consistent with this Act) continues in force under this Act.\n(sec.75-ssec.2) However, the instrument expires 1 year after the commencing day, unless sooner repealed.\n(sec.75-ssec.3) In this section— existing instrument means a university statute or rule made under the repealed Act and in force immediately before the commencing day.","sortOrder":119},{"sectionNumber":"sec.76","sectionType":"section","heading":"Convocation","content":"### sec.76 Convocation\n\nThe convocation established under the repealed Act and in existence immediately before the commencing day is taken to be the convocation established under this Act.","sortOrder":120},{"sectionNumber":"sec.77","sectionType":"section","heading":"Student association’s constitution","content":"### sec.77 Student association’s constitution\n\nThe union’s constitution in force immediately before the commencing day continues in force as the student association’s constitution under this Act.","sortOrder":121},{"sectionNumber":"sec.78","sectionType":"section","heading":"References to university or union","content":"### sec.78 References to university or union\n\nA reference in an Act or document in existence immediately before the commencing day to a former corporation is a reference to the continuing corporation for the former corporation.","sortOrder":122},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions for the University Legislation Amendment Act 2005","content":"## Transitional provisions for the University Legislation Amendment Act 2005","sortOrder":123},{"sectionNumber":"sec.79","sectionType":"section","heading":"Definitions for div 2","content":"### sec.79 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of the provision in which the term is used.\nnew additional members see section 85.\nnew appointed members see section 81(2).\npre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act 2005 , part 2 .\ns 79 prev s 79 om 1998 No. 47 s 86\npres s 79 ins 2005 No. 18 s 26","sortOrder":124},{"sectionNumber":"sec.80","sectionType":"section","heading":"Continuation of official members","content":"### sec.80 Continuation of official members\n\nDespite section 13, a person who was an official member under section 13(2)(c) or (e) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start.\ns 80 ins 2005 No. 18 s 26","sortOrder":125},{"sectionNumber":"sec.81","sectionType":"section","heading":"Appointment of new appointed members","content":"### sec.81 Appointment of new appointed members\n\nThe Minister must, within 1 year after the commencement, recommend to the Governor in Council 5 persons for appointment, under section 14(2), as appointed members.\nThe Governor in Council may appoint the persons as appointed members (the new appointed members ).\ns 81 ins 2005 No. 18 s 26\n(sec.81-ssec.1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 5 persons for appointment, under section 14(2), as appointed members.\n(sec.81-ssec.2) The Governor in Council may appoint the persons as appointed members (the new appointed members ).","sortOrder":126},{"sectionNumber":"sec.82","sectionType":"section","heading":"Continuation, and term of office, of appointed members","content":"### sec.82 Continuation, and term of office, of appointed members\n\nThis section applies to a person who was an appointed member immediately before the commencement.\nDespite section 14(1), the person continues as an appointed member until—\nthe person’s term of office ends under subsection (3); or\nthe person’s office sooner becomes vacant.\nDespite section 18, the person’s term of office ends when the new appointed members’ terms of office start.\ns 82 ins 2005 No. 18 s 26\n(sec.82-ssec.1) This section applies to a person who was an appointed member immediately before the commencement.\n(sec.82-ssec.2) Despite section 14(1), the person continues as an appointed member until— the person’s term of office ends under subsection (3); or the person’s office sooner becomes vacant.\n(sec.82-ssec.3) Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start.\n- (a) the person’s term of office ends under subsection (3); or\n- (b) the person’s office sooner becomes vacant.","sortOrder":127},{"sectionNumber":"sec.83","sectionType":"section","heading":"Continuation of elected members","content":"### sec.83 Continuation of elected members\n\nThis section applies to a person who was an elected member immediately before the commencement.\nDespite section 15(1) and (2), the person continues as an elected member until—\nthe person’s term of office ends under section 84; or\nthe person’s office sooner becomes vacant.\nDespite section 19(1) and (2), the person’s term of office is 3 years.\ns 83 ins 2005 No. 18 s 26\n(sec.83-ssec.1) This section applies to a person who was an elected member immediately before the commencement.\n(sec.83-ssec.2) Despite section 15(1) and (2), the person continues as an elected member until— the person’s term of office ends under section 84; or the person’s office sooner becomes vacant.\n(sec.83-ssec.3) Despite section 19(1) and (2), the person’s term of office is 3 years.\n- (a) the person’s term of office ends under section 84; or\n- (b) the person’s office sooner becomes vacant.","sortOrder":128},{"sectionNumber":"sec.84","sectionType":"section","heading":"Ballot, and term of office, for elected members","content":"### sec.84 Ballot, and term of office, for elected members\n\nAt least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.\nSubsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.\nThe person’s term of office ends when the elected member mentioned in section 15(2)(a) of the post-amended Act is elected under the ballot.\nSubsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act.\nThe person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.\nSubsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.\nThe person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.\nSubsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.\nThe person’s term of office ends when the new additional members’ terms of office start.\nA person is taken to be elected under the ballot when the new appointed members’ terms of office start.\nDespite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.\nSubsections (3), (5), (7) and (9) apply despite section 83(3).\nIn this section—\npost-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 2 .\ns 84 ins 2005 No. 18 s 26\n(sec.84-ssec.1) At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.\n(sec.84-ssec.2) Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.\n(sec.84-ssec.3) The person’s term of office ends when the elected member mentioned in section 15(2)(a) of the post-amended Act is elected under the ballot.\n(sec.84-ssec.4) Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act.\n(sec.84-ssec.5) The person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.\n(sec.84-ssec.6) Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.\n(sec.84-ssec.7) The person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.\n(sec.84-ssec.8) Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.\n(sec.84-ssec.9) The person’s term of office ends when the new additional members’ terms of office start.\n(sec.84-ssec.10) A person is taken to be elected under the ballot when the new appointed members’ terms of office start.\n(sec.84-ssec.11) Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.\n(sec.84-ssec.12) Subsections (3), (5), (7) and (9) apply despite section 83(3).\n(sec.84-ssec.13) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 2 .","sortOrder":129},{"sectionNumber":"sec.85","sectionType":"section","heading":"Appointment of new additional members","content":"### sec.85 Appointment of new additional members\n\nThe council must, within 1 year after the commencement, appoint 4 persons as additional members (the new additional members ) under section 16.\ns 85 ins 2005 No. 18 s 26","sortOrder":130},{"sectionNumber":"sec.86","sectionType":"section","heading":"Continuation, and term of office, of additional members","content":"### sec.86 Continuation, and term of office, of additional members\n\nA person who was an additional member immediately before the commencement continues as an additional member until—\nthe person’s term of office ends under subsection (2); or\nthe person’s office sooner becomes vacant.\nDespite section 20, the person’s term of office ends when the new additional members’ terms of office start.\ns 86 ins 2005 No. 18 s 26\n(sec.86-ssec.1) A person who was an additional member immediately before the commencement continues as an additional member until— the person’s term of office ends under subsection (2); or the person’s office sooner becomes vacant.\n(sec.86-ssec.2) Despite section 20, the person’s term of office ends when the new additional members’ terms of office start.\n- (a) the person’s term of office ends under subsection (2); or\n- (b) the person’s office sooner becomes vacant.","sortOrder":131},{"sectionNumber":"sec.87","sectionType":"section","heading":"Council need not include additional members","content":"### sec.87 Council need not include additional members\n\nDespite section 12, the council need not include additional members before the new additional members’ terms of office start.\ns 87 ins 2005 No. 18 s 26","sortOrder":132},{"sectionNumber":"sec.88","sectionType":"section","heading":"Dealing with casual vacancy in office of elected member","content":"### sec.88 Dealing with casual vacancy in office of elected member\n\nThis section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 84(1) is conducted.\nFor appointing or electing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 2 , had not commenced.\ns 88 ins 2005 No. 18 s 26\n(sec.88-ssec.1) This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 84(1) is conducted.\n(sec.88-ssec.2) For appointing or electing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 2 , had not commenced.","sortOrder":133},{"sectionNumber":"sec.89","sectionType":"section","heading":"Constitution of council","content":"### sec.89 Constitution of council\n\nThis section applies until the new appointed members’ terms of office start.\nDespite section 17, the council is taken to be properly constituted when it has 12 or more members, whether they be additional, appointed, elected or official members.\ns 89 ins 2005 No. 18 s 26\n(sec.89-ssec.1) This section applies until the new appointed members’ terms of office start.\n(sec.89-ssec.2) Despite section 17, the council is taken to be properly constituted when it has 12 or more members, whether they be additional, appointed, elected or official members.","sortOrder":134},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Transitional provisions for University Legislation Amendment Act 2017","content":"## Transitional provisions for University Legislation Amendment Act 2017","sortOrder":135},{"sectionNumber":"sec.90","sectionType":"section","heading":"Definition for division","content":"### sec.90 Definition for division\n\nIn this division—\nprevious , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 90 ins 2017 No. 36 s 103","sortOrder":136},{"sectionNumber":"sec.91","sectionType":"section","heading":"Particular references to council election","content":"### sec.91 Particular references to council election\n\nA reference in the following provisions to a council election includes a reference to a ballot under previous section 15(3)—\nsection 20A(2) and (3)(a);\nschedule 2, definition elected member .\ns 91 ins 2017 No. 36 s 103\n- (a) section 20A(2) and (3)(a);\n- (b) schedule 2, definition elected member .","sortOrder":137},{"sectionNumber":"sec.92","sectionType":"section","heading":"Repeal of university statutes","content":"### sec.92 Repeal of university statutes\n\nThis section applies to a university statute made under previous section 57 that was in force immediately before the commencement.\nTo remove any doubt, it is declared that, on the commencement, the university statute is repealed.\ns 92 ins 2017 No. 36 s 103\n(sec.92-ssec.1) This section applies to a university statute made under previous section 57 that was in force immediately before the commencement.\n(sec.92-ssec.2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed.","sortOrder":138},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":139},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Appointment","content":"### sch.1-sec.1 Appointment\n\nThe vice-chancellor may, in writing, appoint a person who the vice-chancellor is satisfied has the necessary training, or knowledge and experience, to be an authorised person under this Act.","sortOrder":140},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Limitation of authorised person’s powers","content":"### sch.1-sec.2 Limitation of authorised person’s powers\n\nThe powers of an authorised person may be limited—\nunder a condition of appointment; or\nby notice of the vice-chancellor given to the authorised person.\nNotice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.\nsch 1 s 2 amd 2005 No. 18 s 165 sch\n(sch.1-sec.2-ssec.1) The powers of an authorised person may be limited— under a condition of appointment; or by notice of the vice-chancellor given to the authorised person.\n(sch.1-sec.2-ssec.2) Notice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.\n- (a) under a condition of appointment; or\n- (b) by notice of the vice-chancellor given to the authorised person.","sortOrder":141},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Terms of appointment","content":"### sch.1-sec.3 Terms of appointment\n\nAn authorised person holds office on the conditions stated in the instrument of appointment.\nAn authorised person—\nif the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and\nmay resign by signed notice given to the vice-chancellor.\n(sch.1-sec.3-ssec.1) An authorised person holds office on the conditions stated in the instrument of appointment.\n(sch.1-sec.3-ssec.2) An authorised person— if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and may resign by signed notice given to the vice-chancellor.\n- (a) if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and\n- (b) may resign by signed notice given to the vice-chancellor.","sortOrder":142},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Identity cards","content":"### sch.1-sec.4 Identity cards\n\nThe vice-chancellor must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photograph of the authorised person; and\nbe in a form approved by the vice-chancellor; and\nbe signed by the authorised person.\nA person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it.\nMaximum penalty for subsection (3) —10 penalty units.\n(sch.1-sec.4-ssec.1) The vice-chancellor must issue an identity card to each authorised person.\n(sch.1-sec.4-ssec.2) The identity card must— contain a recent photograph of the authorised person; and be in a form approved by the vice-chancellor; and be signed by the authorised person.\n(sch.1-sec.4-ssec.3) A person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3) —10 penalty units.\n- (a) contain a recent photograph of the authorised person; and\n- (b) be in a form approved by the vice-chancellor; and\n- (c) be signed by the authorised person.","sortOrder":143},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Proof of authority","content":"### sch.1-sec.5 Proof of authority\n\nAn authorised person may exercise a power under this Act in relation to someone else only if the authorised person—\nfirst produces his or her identity card for inspection by the other person; or\nhas his or her identity card displayed so that it is clearly visible.\nIf, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.\nIf subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .\n(sch.1-sec.5-ssec.1) An authorised person may exercise a power under this Act in relation to someone else only if the authorised person— first produces his or her identity card for inspection by the other person; or has his or her identity card displayed so that it is clearly visible.\n(sch.1-sec.5-ssec.2) If, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.\n(sch.1-sec.5-ssec.3) If subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .\n- (a) first produces his or her identity card for inspection by the other person; or\n- (b) has his or her identity card displayed so that it is clearly visible.","sortOrder":144},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Traffic control","content":"# Traffic control","sortOrder":145},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Persons authorised to control traffic on university’s land","content":"### sch.1-sec.6 Persons authorised to control traffic on university’s land\n\nAn authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.\nA person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty for subsection (2) —10 penalty units.\n(sch.1-sec.6-ssec.1) An authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.\n(sch.1-sec.6-ssec.2) A person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (2) —10 penalty units.","sortOrder":146},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Regulatory notice","content":"### sch.1-sec.7 Regulatory notice\n\nThe university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example—\nfixing a maximum speed limit; or\nindicating a pedestrian crossing; or\nindicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.\nA person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\nA regulatory notice—\nmust state the limits of the area to which the notice applies; and\nmay state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\nWithout limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.\nEvidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.\nA regulatory notice erected or displayed under this section must be easily visible to passers-by.\n(sch.1-sec.7-ssec.1) The university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example— fixing a maximum speed limit; or indicating a pedestrian crossing; or indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.\n(sch.1-sec.7-ssec.2) A person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.\n(sch.1-sec.7-ssec.3) A regulatory notice— must state the limits of the area to which the notice applies; and may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\n(sch.1-sec.7-ssec.4) Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.\n(sch.1-sec.7-ssec.5) Evidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.\n(sch.1-sec.7-ssec.6) A regulatory notice erected or displayed under this section must be easily visible to passers-by.\n- (a) fixing a maximum speed limit; or\n- (b) indicating a pedestrian crossing; or\n- (c) indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.\n- (a) must state the limits of the area to which the notice applies; and\n- (b) may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.","sortOrder":147},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Information notices","content":"### sch.1-sec.8 Information notices\n\nThis section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\nThe university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.\nAn information notice may contain any other information the vice-chancellor considers appropriate.\nAn information notice erected or displayed under this section must be easily visible to passers-by.\nIn this section—\nregulatory notice does not include an official traffic sign.\n(sch.1-sec.8-ssec.1) This section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\n(sch.1-sec.8-ssec.2) The university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.\n(sch.1-sec.8-ssec.3) An information notice may contain any other information the vice-chancellor considers appropriate.\n(sch.1-sec.8-ssec.4) An information notice erected or displayed under this section must be easily visible to passers-by.\n(sch.1-sec.8-ssec.5) In this section— regulatory notice does not include an official traffic sign.","sortOrder":148},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Removal and detention of illegally parked or abandoned vehicles","content":"### sch.1-sec.9 Removal and detention of illegally parked or abandoned vehicles\n\nAn authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds—\nis parked in contravention of a regulatory notice; or\nis abandoned.\nThe vehicle must be held at a safe place.\nAn authorised person may exercise the powers given under subsection (1) (a) only if—\nthe authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and\nthe authorised person—\ncan not immediately locate the driver of the vehicle; or\nbelieves on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\nAs soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.\nIf the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.\nIf the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.\nIn this section—\nvehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\nsch 1 s 9 amd 2005 No. 18 s 165 sch\n(sch.1-sec.9-ssec.1) An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds— is parked in contravention of a regulatory notice; or is abandoned.\n(sch.1-sec.9-ssec.2) The vehicle must be held at a safe place.\n(sch.1-sec.9-ssec.3) An authorised person may exercise the powers given under subsection (1) (a) only if— the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and the authorised person— can not immediately locate the driver of the vehicle; or believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n(sch.1-sec.9-ssec.4) As soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.\n(sch.1-sec.9-ssec.5) If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.\n(sch.1-sec.9-ssec.6) If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.\n(sch.1-sec.9-ssec.7) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n- (a) is parked in contravention of a regulatory notice; or\n- (b) is abandoned.\n- (a) the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and\n- (b) the authorised person— (i) can not immediately locate the driver of the vehicle; or (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n- (i) can not immediately locate the driver of the vehicle; or\n- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n- (i) can not immediately locate the driver of the vehicle; or\n- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.","sortOrder":149},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Disposal of unclaimed vehicles","content":"### sch.1-sec.10 Disposal of unclaimed vehicles\n\nThis section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .\nAfter publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.\nThe notice must—\nidentify the vehicle; and\nstate that the vehicle is to be sold by auction; and\nstate how the owner may recover the vehicle before the auction; and\nstate the time and place of the auction.\nCompensation is not recoverable against the university for the sale of a vehicle under this section.\nIn this section—\nvehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n(sch.1-sec.10-ssec.1) This section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .\n(sch.1-sec.10-ssec.2) After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.\n(sch.1-sec.10-ssec.3) The notice must— identify the vehicle; and state that the vehicle is to be sold by auction; and state how the owner may recover the vehicle before the auction; and state the time and place of the auction.\n(sch.1-sec.10-ssec.4) Compensation is not recoverable against the university for the sale of a vehicle under this section.\n(sch.1-sec.10-ssec.5) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n- (a) identify the vehicle; and\n- (b) state that the vehicle is to be sold by auction; and\n- (c) state how the owner may recover the vehicle before the auction; and\n- (d) state the time and place of the auction.","sortOrder":150},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Application of proceeds of sale","content":"### sch.1-sec.11 Application of proceeds of sale\n\nThe proceeds of the sale must be applied in the following order—\nin payment of the reasonable expenses incurred in the sale;\nin payment of the reasonable cost of seizing, removing and holding the vehicle;\nif there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nin payment of any balance to the owner.\nCompensation is not recoverable against the university for a payment under this section.\nsch 1 s 11 amd 2010 No. 44 s 72\n(sch.1-sec.11-ssec.1) The proceeds of the sale must be applied in the following order— in payment of the reasonable expenses incurred in the sale; in payment of the reasonable cost of seizing, removing and holding the vehicle; if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the owner.\n(sch.1-sec.11-ssec.2) Compensation is not recoverable against the university for a payment under this section.\n- (a) in payment of the reasonable expenses incurred in the sale;\n- (b) in payment of the reasonable cost of seizing, removing and holding the vehicle;\n- (c) if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (d) in payment of any balance to the owner.","sortOrder":151},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Conduct on university land","content":"# Conduct on university land","sortOrder":152},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Conduct causing a public nuisance","content":"### sch.1-sec.12 Conduct causing a public nuisance\n\nA person must not be disorderly or create a disturbance on the university’s land.\nMaximum penalty—20 penalty units.","sortOrder":153},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Power to deal with persons causing a public nuisance","content":"### sch.1-sec.13 Power to deal with persons causing a public nuisance\n\nThis section applies if an authorised person—\nfinds a person contravening section 12 ; or\nfinds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or\nhas information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or\nreasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\nhas information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\nreasonably believes that a person is on the land without lawful justification or excuse.\nThe authorised person may direct the person to leave the university’s land or a part of the university’s land.\nA person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\n(sch.1-sec.13-ssec.1) This section applies if an authorised person— finds a person contravening section 12 ; or finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or reasonably believes that a person is on the land without lawful justification or excuse.\n(sch.1-sec.13-ssec.2) The authorised person may direct the person to leave the university’s land or a part of the university’s land.\n(sch.1-sec.13-ssec.3) A person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.\n- (a) finds a person contravening section 12 ; or\n- (b) finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or\n- (c) has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or\n- (d) reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\n- (e) has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\n- (f) reasonably believes that a person is on the land without lawful justification or excuse.","sortOrder":154}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act replaces the Central Queensland University Act 1989 (s 67) and carries through transitional arrangements for continuity of assets, staff, contracts and officeholders (ss 68–76). Subsequent inserted provisions in the text (for example, mandatory election policy and election conduct (ss 26AA–26AB), requirements for VET representation where the university becomes a dual‑sector entity (s 14A), strengthened disclosure and protected information rules (ss 62B, 62D, 62E), and clarified commercial/corporate powers (ss 5(h), 61)) expand and modernise governance, accountability and commercial scope compared with a simple corporate establishment. Those additions increase administrative, privacy and electoral compliance obligations and explicitly enable commercial activity and corporate participation. The changes are evident in the transitional and amendment provisions embedded in the Act (pt 8 and the sections cited)."},"complexity_factors":["Multiple categories of council membership (official, appointed, elected, additional) with distinct eligibility, election and term rules (ss 12–20, 19, 20A)","Delegation, removal and ministerial discretion provisions creating layered decision rights and potential overlaps (ss 11, 26B, 25, 26C, 40D–40E)","Detailed election policy and conduct requirements combined with transitional ballot rules and eligibility checks (ss 26AA–26AC, pt 8 transitional provisions)","Trust and property repurposing rules requiring written schemes, notifications and fiduciary judgments (ss 42–46, 45)","Financial and statutory‑body status under other Acts and pooled investment arrangements (ss 50–51, 53) increasing regulatory interactions","Criminal‑history reporting, mandatory consent, protected information handling and destruction obligations with penalties (ss 62B, 62D, 62E)","Operational enforcement powers on university land including vehicle seizure, sale and proceeds application and related procedural steps (Sch 1 ss 6–11)"],"plain_english_summary":"# What this Act does\n\n- Establishes the Central Queensland University as a corporate legal entity with a seal and the ability to sue and be sued (s 4).\n- Sets out the university's core functions: provide higher education and research, award higher education qualifications, support staff and students, and commercially exploit university facilities or knowledge (s 5).  \n- Gives the university broad operational powers similar to those of an individual (contracts, property, appointing agents, setting charges) and permits action inside and outside Queensland and Australia (s 6).\n- Creates a governing council as the university’s governing body, specifies its powers (including staff appointment, property and finance control), and requires the council to act to promote the university’s interests (ss 7–11, 8–10).\n- Fixes council composition and terms: official members (chancellor, vice‑chancellor, president of the academic board), appointed members (Governor in Council; five), elected members (three: academic staff, general staff, student), and four additional members appointed by the council (ss 12–20).  The Act contains rules on elections, casual vacancies, eligibility, disqualification and terms of office (ss 15–26A, 20A–26AC).\n- Requires a published election policy covering voting security, eligibility, secret ballots and dispute resolution; elections must be run under that policy (ss 26AA–26AB, 26AC).\n- Imposes duties on members to act honestly, disclose conflicts and use reasonable skill and care; gives the council power to remove members (and senior officers) for non‑compliance with duties or conduct obligations (ss 26A, 26B, 40C–40D).\n- Establishes key offices (chancellor, deputy chancellor, vice‑chancellor), sets appointment and term rules and provides special rules on removal (ss 30–32, 40C–40F). Removal of the vice‑chancellor does not extinguish contractual entitlements (s 40E).\n- Recognises connected bodies: a student association (incorporated body with constitution subject to council approval) and an academic board with advisory and policy functions (ss 34–38, 40–40A).\n- Declares the university a statutory body for financial legislation and permits it to hold and manage trust funds, pool investments in an investment common fund, and apply revenue to university purposes (ss 50–55, 52–54, 53).\n- Sets rules for dealing with State land (leases only; trustee leases up to 100 years in specified circumstances) and for altering the terms of trusts or gifts where donor purposes are spent, impossible or inadequate (ss 49, 42–46).\n- Authorises the university to form or participate in corporations and enter commercial arrangements to exploit research, provide services or seek gifts (s 61).\n- Provides administrative and compliance rules: identity cards and powers for authorised persons, traffic and conduct controls on university land (including seizure, sale and application of proceeds for illegally parked or abandoned vehicles), regulated notices and penalties, and offences for nuisance and unlawful disclosure of certain reports (Sch 1, ss 62E, 63–64).  \n- Gives the Minister and council limited investigatory powers to request police criminal‑history reports with the person’s written consent, and imposes obligations to destroy those reports once no longer needed (ss 62B, 62C, 62E, 62D).\n- Repeals the 1989 Act and contains comprehensive transitional provisions to carry across assets, liabilities, contracts, staff rights and continuity of office (ss 67–77, pt 8).\n\n# Who this affects and who decides\n\n- Who decides: the council is the primary decision maker for university governance, budgets, appointments and internal policy (ss 8–11, 55). The Governor in Council appoints the five appointed members on recommendation (s 14, s 81 transitional). The Minister has specific powers (e.g. extend terms of office up to one year — s 26C; recommend appointed members — s 81). The Chancellor, Vice‑Chancellor and specified officers exercise executive functions (ss 30–32).  \n- Who pays: the university is required to apply amounts it receives to university purposes (s 54). Individuals can incur direct costs under the Act (e.g. vehicle owners pay costs for seizure and return of vehicles seized for contravening regulatory notices; Sch 1 s 9). Penalties for offences (e.g. disclosure, failing to obey directions or regulatory notices) are expressed in penalty units (Sch 1; ss 62D, 62E).  \n- Who must comply: council members, university officers, staff and authorised persons must follow duties, disclosure and conduct requirements (ss 26A, 62D, 62E). Students, staff and visitors on university land must follow regulatory notices and directions from authorised persons (Sch 1 s 6–8, s 12–13).\n\n# Why it matters (official purpose-claims, costs and practical trade-offs)\n\n- Official purpose-claims: the Act frames the university’s objective as delivering university‑standard education, promoting research and converting knowledge into practical benefits for government, industry, commerce and the community (s 5). It explicitly allows the university to exploit research commercially and to form companies to achieve those objectives (ss 5(h), 61).\n\n- Testing those claims against trade-offs and implementation matters (source‑grounded):\n  - Incentives and revenue: by allowing commercial exploitation and corporate participation (ss 5(h), 61), the Act creates a legal route for the university to generate non‑grant revenue. That supports private contracts and joint ventures but requires the council to manage potential conflicts of interest (s 26A) and to administer trusts and pooled investments (ss 52–53).\n  - Governance discretion and concentration of decision power: the Act vests broad discretion in the council (ss 9, 11) and in the Governor in Council and Minister for appointments and limited interventions (s 14, ss 25–26C). These provisions concentrate appointment and extension powers in a small set of actors — the council, Governor in Council and Minister — and so create implementation risk if those powers are used unevenly (see ss 14, 25, 26C). Removal powers (26B, 40D) permit the council to remove members and senior officers where duties or conduct obligations are breached; this provides internal accountability but also requires procedural care.\n  - Compliance and administrative burden: the election policy requirement (ss 26AA–26AB) and criminal‑history checks with consent (s 62B) create operational burdens: preparing and publishing policies, securing and destroying sensitive reports, running secret ballots and resolving complaints. Members must disclose disqualifying matters promptly under penalty (s 62D). The university must also prepare written schemes when repurposing trust property and notify the registrar for land schemes (ss 42–46, 45).\n  - Effects on private enterprise and competition: the Act expressly allows commercial activity (ss 5(h), 61) and contracting for use of facilities and staff (s 62). That increases scope for university‑business collaboration and for the university to behave like an economic actor. The university’s status as a statutory body for financial law (ss 50–51) influences borrowing and financial arrangements and may affect the terms on which it contracts with private parties.\n  - Confidentiality and privacy trade-offs: police criminal‑history reports may be requested with written consent (s 62B) and must be destroyed when no longer needed (s 62B(6), s 62D(4)). Protected information is subject to strict non‑disclosure with criminal penalties (s 62E). Those provisions balance governance scrutiny with privacy risk and administrative duties to securely handle sensitive material.\n  - Property and trust flexibility: the council may repurpose trust‑restricted property where original donor purposes are spent, impractical or uncertain, but it must record a written scheme and make it available on request (ss 42–44). That enables continued practical use of donated assets but places fiduciary judgment and reporting obligations on the council.\n\n# Behavioural changes the Act creates\n\n- Council and officers must formalise governance processes (budgeting, election policy, trust schemes) and operate with disclosure and conduct standards (ss 26A, 55, 26AA, 42).  \n- The university may act commercially and enter corporate arrangements, altering the boundary between academic and commercial activity (ss 5, 61, 62). \n- Authorised persons gain powers to regulate traffic, remove vehicles and control conduct on university land; members of the public must follow regulatory notices and directions or face penalties (Sch 1 ss 6–11, 12–13). \n\n# Implementation risks and opportunity costs (source‑based)\n\n- Running secure, lawful elections and handling complaints (ss 26AA–26AB) requires administrative capacity; failure risks invalid elections or legal challenge.\n- Handling police reports and disclosure obligations (ss 62B, 62D, 62E) requires secure recordkeeping and clear consent processes; mishandling risks privacy breaches or penalties.\n- Repurposing trust property (ss 42–46) shifts stewardship judgement to the council and may trigger disputes with donors if not clearly justified in writing.\n- Ministerial powers to extend terms or restore members (ss 25, 26C) provide short‑term continuity options but may raise questions about external influence on governance.\n\n# Key sections to consult for action or compliance\n\n- University powers and functions: ss 4–6, 5(h), 61\n- Council composition, elections and duties: ss 12–20, 20A–26AC, 26A–26C\n- Removal, removal procedures and officer rules: ss 26B, 40C–40F, 40E\n- Trust, land and property rules: ss 42–46, 49\n- Finance, trust funds and budgets: ss 50–56, 53, 55\n- Criminal‑history checks, disclosure and confidentiality: ss 62B–62E\n- Traffic, conduct and authorised persons: Sch 1 (pts 1–3)\n\nThis summary describes what the Act establishes and how it operates mechanically. Readers should refer to the cited sections for specific procedural requirements or penalties."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1998 Act established a standard Queensland university governance framework. Over time, amendments significantly expanded its scope to include: mandatory vocational education and training representation if CQU becomes a dual sector entity (2014); detailed election policy requirements with integrity and complaint mechanisms (2017); formal conduct obligations and structured removal processes for council members and senior officers (2005); criminal history check procedures with confidentiality obligations and penalties (2005, 2017); mandatory disclosure obligations with criminal penalties for non-disclosure (2017); and extended land leasing provisions. The core purpose remains university establishment and governance, but the regulatory detail and accountability mechanisms have grown substantially beyond the original framework."},"complexity_factors":["Multiple overlapping categories of council membership (official, appointed, elected, additional) each with distinct rules for appointment, eligibility, terms, vacancies and removal","Intricate cross-referencing between sections — e.g., vacation of office provisions in s.24 reference s.26B, which references s.26A(2), which references conduct obligations defined elsewhere","Layered discretion provisions for criminal convictions — different processes apply depending on whether the person is an appointed, elected, or additional member, or a senior officer, and whether the Minister or the council exercises discretion","Interaction with multiple external legislative regimes: Corporations Act (federal), Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Land Act 1994, Criminal Law (Rehabilitation of Offenders) Act 1986, TAFE Queensland Act 2013, Acts Interpretation Act 1954","Conditional provisions that only activate in specific circumstances (e.g., dual sector entity provisions under s.14A)","Complex trust and property provisions allowing amendment of gift/trust conditions under specific criteria with multiple sub-tests","Election policy framework is self-referential — the council creates and is bound by its own election policy, with the policy's content partially specified by statute","Multiple amendments over time (2002, 2005, 2011, 2014, 2017) creating a layered, non-linear document structure with omitted sections creating gaps"],"plain_english_summary":"## Central Queensland University Act 1998 — What It Does and Who It Affects\n\n### The Big Picture\nThis Queensland law formally creates **Central Queensland University (CQU)** as a legal institution and sets out in detail how it must be run. Think of it as the university's founding rulebook — covering everything from who sits on its governing board, to how elections work, to what happens when someone on the board is convicted of a serious crime.\n\n---\n\n### Who Does This Affect?\n- **Students** at CQU (they get a representative on the governing council and their own student association)\n- **Staff** (academic and general staff also elect council representatives)\n- **Council members** (must meet strict conduct and eligibility standards)\n- **Senior university leaders** — the Chancellor, Vice-Chancellor, Deputy Chancellor, and Academic Board President\n- **The Queensland Government** (the Minister and Governor in Council have appointment and oversight powers)\n- Anyone who **donates property or money** to the university\n\n---\n\n### Key Things the Law Does\n\n**1. Creates the university as a legal entity**\nCQU is set up as a \"body corporate\" — meaning it can own property, sign contracts, and be taken to court in its own name, just like a company.\n\n**2. Sets up a governing council**\nThe council is the university's main decision-maker. It has **15 members** across four types:\n- **Official members** (3): The Chancellor, Vice-Chancellor, and Academic Board President — automatic members by virtue of their role\n- **Appointed members** (5): Chosen by the Governor in Council (the Queensland Cabinet); at least one must have vocational education and training experience if CQU operates as a TAFE as well\n- **Elected members** (3): One academic staff member, one general staff member, and one student — all chosen by vote\n- **Additional members** (4): Appointed by the council itself; at least two must be CQU graduates; cannot be students or staff\n\n**3. Strict rules on who can serve**\nA person cannot join or stay on the council if they are legally banned from running a company (under corporate law) or have been convicted of a serious criminal offence (called an \"indictable offence\"). However, there are discretion provisions — the Minister or the council can reinstate someone if the circumstances of the offence warrant it. Members also cannot serve more than 12 years total (with a majority vote exception).\n\n**4. Council elections must follow a formal policy**\nThe council must publish a written election policy on its website covering secret ballots, voting integrity, nominations, complaint procedures, and result publication.\n\n**5. Members have legal duties**\nCouncil members must act honestly, in the university's best interests, with reasonable skill and care, and must disclose any personal conflicts of interest. They cannot misuse their position for personal gain. Breaches can lead to removal from office — but only if at least **10 council members** agree.\n\n**6. Handling donated property**\nIf the university holds property donated for a specific purpose that is no longer achievable (e.g., the purpose is outdated or impossible), the council can redirect the property to a similar purpose via a formal written scheme.\n\n**7. Financial rules**\nThe university must adopt an annual budget, stay within it as closely as possible, and is subject to Queensland's financial accountability laws for government-linked bodies. Revenue must only be spent on university purposes.\n\n**8. Criminal history checks**\nThe Minister and the council can request police criminal history reports on candidates for council positions — but only with the person's written consent.\n\n**9. Confidentiality obligations**\nAnyone who receives sensitive information about a council member's criminal history or disqualification must keep it confidential, with a maximum fine of 100 penalty units (around $13,000 in Queensland) for unlawful disclosure.\n\n**10. The university can form companies and commercial ventures**\nCQU is explicitly allowed to set up or join corporations, commercialise its research, and enter commercial arrangements — giving it significant business-like flexibility.\n\n---\n\n### What This Means for Everyday People\n- If you're a **CQU student**, you have a guaranteed seat on the body that runs the university, and your student association is legally recognised.\n- If you're **donating money or property** to CQU, there are legal protections ensuring your gift is used appropriately — and a formal process if circumstances change.\n- If you're **applying for a council role**, you'll face background checks and strict conduct obligations with real consequences for breaches."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.17","severity":"medium","reasoning":"The council has 15 possible members (3 official + 5 appointed + 3 elected + 4 additional), yet is 'properly constituted' with only 8. This means a council missing 7 members — nearly half its full complement — is deemed fully legitimate. More significantly, sec.28 requires only 'half its members' for quorum, meaning a properly constituted council of 8 could act with just 4 people making binding decisions for the entire university.","confidence":0.82,"description":"Council properly constituted with only 8 of 15 possible members"},{"type":"impossible_compliance","section":"sec.26B","severity":"high","reasoning":"Section 26B requires 'at least 10 members' to be satisfied to remove a member. However, sec.17 allows the council to be properly constituted with only 8 members. If the council has exactly 8 members, removal of any member becomes structurally impossible — the threshold of 10 can never be met. The removal power is therefore rendered inoperable whenever the council is functioning at its minimum proper constitution.","confidence":0.93,"description":"Removal of a member requires 10 members to be satisfied, but quorum is only half of current membership"},{"type":"impossible_compliance","section":"sec.40D","severity":"high","reasoning":"Same structural defect as sec.26B. Section 40D requires at least 10 members satisfied to remove the chancellor, vice-chancellor or president. If the council is properly constituted under sec.17 with only 8 members, these officers become unremovable by the council. A senior officer engaging in misconduct could not be removed if council membership is low.","confidence":0.93,"description":"Removal of chancellor, vice-chancellor or president also requires 10 members — same impossibility"},{"type":"self_contradicting","section":"sec.40 and sec.13","severity":"high","reasoning":"Section 40(1) says the council 'may' establish an academic board — it is optional. However, section 13 mandates that the council has exactly 3 official members, including 'the president of the academic board'. If no academic board is established, there is no president, and the council cannot have its required 3 official members. The council's discretion to not create an academic board directly undermines the mandatory composition requirements.","confidence":0.95,"description":"Academic board establishment is discretionary but president of academic board is a mandatory official member of council"},{"type":"self_contradicting","section":"sec.21","severity":"medium","reasoning":"Section 21(2) allows the Minister to appoint a person as an 'elected member' when an election fails, and sec.21(4) deems the appointee to have been 'elected at a council election'. This is a legal fiction that creates a category of 'elected' members who were never elected by anyone. It undermines the democratic purpose of having elected representatives and creates a category that is simultaneously appointed and elected.","confidence":0.78,"description":"Minister may appoint a person 'as the elected member' — appointed person deemed elected"},{"type":"circular_definition","section":"sec.20A(6)","severity":"low","reasoning":"Section 20A(6) deems a person appointed under subsection (2) or (5) to have been 'elected at a council election' for all purposes except subsections (2) and (3)(a). This creates a recursive loop: the deeming provision in (6) is excluded for the very subsections that determine when appointment is used instead of election, but the person is still 'elected' for all other purposes including potentially triggering subsection (2) again in a subsequent casual vacancy.","confidence":0.65,"description":"Council-appointed vacancy fill deemed 'elected at a council election' — recursive deeming provision"},{"type":"other","section":"sec.16(3) and sec.16(4)","severity":"low","reasoning":"Section 16(3) requires at least 2 additional members to be university graduates. Section 16(4) prohibits additional members from being members of academic or general staff. A person who graduated from CQU and later became a staff member is ineligible. In a regional university where alumni commonly become staff, this creates an unnecessary tension and could make satisfying sec.16(3) difficult in practice.","confidence":0.6,"description":"Additional members must be graduates but must not be staff — graduates employed as staff are permanently excluded"},{"type":"circular_definition","section":"sec.26B(1) and sec.26A(2)","severity":"low","reasoning":"Section 26A(2) requires members to act in the best interests of the university. Section 26B allows removal if 10 members are satisfied of non-compliance. However, the 10 members voting to remove must themselves comply with sec.26A(2) in doing so, meaning their vote to remove could itself be challenged as not in the university's interests, creating a potentially circular enforcement dynamic.","confidence":0.55,"description":"Council member can be removed for breaching obligations that apply to 'members' — creating a self-referential enforcement problem"},{"type":"self_contradicting","section":"sec.62D(2)","severity":"medium","reasoning":"Section 62D(2)(a) requires a chancellor who is disqualified from managing corporations to give notice to the vice-chancellor. However, section 40C(1)(a) provides that such a person cannot 'continue as' the chancellor — meaning the disqualification takes immediate effect. The Act requires a person, who has at that instant ceased to be chancellor, to give notice in their capacity as chancellor. The obligation arises at the same moment the capacity to fulfil it is extinguished.","confidence":0.8,"description":"Disqualified chancellor must notify the vice-chancellor — but disqualified chancellor cannot 'continue as' chancellor under sec.40C"},{"type":"other","section":"sec.5(h)","severity":"low","reasoning":"Section 5(h) lists 'exploit commercially, for the university's benefit' as a university function equivalent in standing to providing education. This makes profit-seeking a core statutory function, potentially conflicting with the university's role as a public educational institution and with sec.54's requirement that revenue be applied solely to 'university purposes'. The commercial exploitation function is sufficiently broad to encompass activities far removed from education.","confidence":0.5,"description":"Commercial exploitation as a mandatory university function creates tension with charitable/educational purpose"}],"contradictions":[{"severity":"high","section_a":"sec.40(1)","section_b":"sec.13(2)(c)","confidence":0.95,"description":"Academic board is optional but its president is a mandatory council member"},{"severity":"high","section_a":"sec.17","section_b":"sec.26B(1)","confidence":0.93,"description":"Council is properly constituted with 8 members, but removing a member requires 10 members to be satisfied — making removal impossible at minimum proper constitution"},{"severity":"high","section_a":"sec.17","section_b":"sec.40D(1)","confidence":0.93,"description":"Same contradiction as sec.26B — council properly constituted with 8 members cannot reach the 10-member threshold required to remove the chancellor, vice-chancellor or president"},{"severity":"medium","section_a":"sec.30(3)","section_b":"sec.27(1)","confidence":0.88,"description":"Chancellor need not be a member of council (sec.30(3)), but section 27(1) requires the chancellor to preside at all council meetings — a non-member is mandated to chair every meeting of a body they do not belong to"},{"severity":"medium","section_a":"sec.31(2)","section_b":"sec.30(3)","confidence":0.85,"description":"Deputy chancellor must be elected from among 'members' of the council (sec.31(2)), whereas the chancellor need not be a member (sec.30(3)). This means the deputy chancellor has a higher membership requirement than the chancellor they are deputising for."},{"severity":"medium","section_a":"sec.23(2)","section_b":"sec.23(3)","confidence":0.82,"description":"Section 23(2) prohibits election or appointment if it would result in more than 12 years membership, but sec.23(3) allows a majority of members to override this prohibition. The same provision that sets a hard eligibility cap immediately provides a mechanism to nullify it, making the 12-year limit effectively advisory rather than mandatory."},{"severity":"low","section_a":"sec.11(2)(a)","section_b":"sec.26AA(1)(a)","confidence":0.6,"description":"Section 11(2)(a) prohibits the council from delegating its power to make an election policy. Section 26AA(1)(a) requires the council to make an election policy. Read together, the council cannot delegate the election policy function — but the Act provides no mechanism for the council to act as a whole body on this matter separately from its other delegable functions, creating an administrative rigidity that could paralyse council if quorum is contested specifically for this purpose."},{"severity":"low","section_a":"sec.36(2)","section_b":"sec.36(3)","confidence":0.65,"description":"The council may decide the student association's role and powers (sec.36(2)), but the student association is expressly not the employee or agent of the council (sec.36(3)). An entity that derives its powers from another entity but is not that entity's agent creates an undefined legal relationship — the council can grant powers it cannot then be held responsible for the exercise of."},{"severity":"medium","section_a":"sec.38(2)-(3)","section_b":"sec.36(3)","confidence":0.72,"description":"The student association's constitution has no effect until approved by the council (sec.38(3)), and the council decides the association's role and powers (sec.36(2)), yet the student association is declared not to be the agent of the council (sec.36(3)). The council exercises comprehensive control over the association's foundational documents and powers while simultaneously disclaiming any agency relationship."},{"severity":"low","section_a":"sec.25(2)(b)","section_b":"sec.25(1)(a)","confidence":0.68,"description":"When the Minister restores a convicted appointed member under sec.25(2), any replacement appointee's appointment immediately ends. However, sec.25(1)(a) requires notice to be given to 'the chancellor and the person' — if the chancellor's office is vacant at that time, notice cannot be given to the chancellor, yet restoration takes effect 'on the day the chancellor receives a notice', creating an indefinite suspension of the restoration mechanism."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2445},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally a straightforward establishment Act converting the previous university into a new statutory body, the legislation has expanded significantly into a comprehensive governance and operational code. It now encompasses detailed electoral procedures (including mandatory election policies and secret ballot requirements), criminal history vetting and disclosure regimes, 'dual sector' vocational education integration requirements, specific traffic enforcement and vehicle impoundment powers analogous to local government laws, and intricate transitional arrangements for multiple restructures of Council composition. The Act has evolved from simply creating the university to micromanaging its internal democracy, security vetting, and campus parking enforcement."},"complexity_factors":["Layered amendment history creating 'temporal complexity' — the Act retains transitional provisions from 1998, 2005, and 2017 amendments, requiring readers to track which version of sections apply to different time periods","Extensive cross-referencing to at least 6 other Acts (Corporations Act, Land Act 1994, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, TAFE Queensland Act 2013, Criminal Law (Rehabilitation of Offenders) Act 1986)","Conditional membership logic with nested exceptions — eligibility depends on criminal history, corporate disqualification status, term limits (12-year cap), and special 'dual sector entity' requirements for VET-qualified appointees","Double-delegation framework allowing the Council to delegate to the Vice-Chancellor, who may then sub-delegate to staff, with specific 'non-delegable' powers (budget adoption and election policy) carved out","Referencing structure that defers definitions to a Dictionary in Schedule 2 (not fully reproduced in the extract), requiring navigation between documents","Complex vacancy-filling mechanics distinguishing between casual vacancies filled by highest-polling unelected candidates versus fresh elections, with different rules for student representatives"],"plain_english_summary":"**What this legislation does**\n\nThis Act creates **Central Queensland University (CQU)** as a legal entity (a *body corporate* — meaning it can own property, sign contracts, and sue or be sued in its own name) and sets up the rules for how it is governed, funded, and operated.\n\n**Who it affects**\n\n- **Students and staff** — the Act establishes their rights to representation on the University Council and creates the Student Association.\n- **University leadership** — the Chancellor (ceremonial head), Vice-Chancellor (chief executive), and Council members derive their powers and obligations from this Act.\n- **Local communities** — the Act gives the university powers to control traffic, remove abandoned vehicles, and manage behaviour on campus lands.\n\n**Key features**\n\n- **The Council** — The university is governed by a 15-member Council comprising:\n  - **3 official members**: the Chancellor, Vice-Chancellor, and President of the Academic Board\n  - **5 appointed members**: appointed by the Governor in Council (the Governor acting on Cabinet advice)\n  - **3 elected members**: one academic staff member, one general staff member, and one student\n  - **4 additional members**: appointed by the Council itself, at least two of whom must be university graduates\n\n- **Powers and functions** — The university can teach, conduct research, award degrees, buy and sell property, enter into commercial ventures, and even form or manage other companies. It must act to promote the university’s interests and can operate anywhere in the world.\n\n- **Membership rules** — There are strict eligibility criteria. Generally, people are disqualified if they have been convicted of serious crimes (*indictable offences*) or are banned from managing corporations under the *Corporations Act*. However, the Minister or Council can use discretion to restore members despite convictions if circumstances warrant it. Members are also subject to criminal history checks.\n\n- **Student Association** — The Act establishes the Central Queensland University Student Association as an independent body with its own constitution (which must be approved by the Council).\n\n- **Property and money** — The Act allows the university to hold property in trust, amend the terms of charitable gifts if the original purpose becomes impossible, and pool investments in a common fund. It is declared a *statutory body* for financial accountability purposes.\n\n- **Campus control** — Schedule 1 gives the university significant powers over its land: appointing authorised persons to direct traffic, erecting regulatory notices, seizing and removing illegally parked or abandoned vehicles (and selling them at auction if unclaimed), and directing people causing public nuisances to leave the premises.\n\n**Why it matters**\n\nThis Act is the constitutional backbone of CQU. It determines who makes decisions about your fees, campus rules, and academic standards. It also protects the university’s independence while ensuring public accountability through the Minister and detailed governance requirements. For students and staff, it guarantees seats at the highest decision-making table."}},"importantCases":[],"_links":{"self":"/api/acts/central-queensland-university-act-1998","history":"/api/acts/central-queensland-university-act-1998/history","analysis":"/api/acts/central-queensland-university-act-1998/analysis","conflicts":"/api/acts/central-queensland-university-act-1998/conflicts","importantCases":"/api/acts/central-queensland-university-act-1998/important-cases","documents":"/api/acts/central-queensland-university-act-1998/documents"}}