{"id":"charles-darwin-university-act-2003","name":"Charles Darwin University Act 2003","slug":"charles-darwin-university-act-2003","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29894,"registerId":"nt-charles-darwin-university-act-2003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Charles Darwin University Act 2003","content":"NORTHERN TERRITORY OF AUSTRALIA\nCHARLES DARWIN UNIVERSITY ACT 2003\nAs in force at 3 March 2023\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\nPart 2 Charles Darwin University\n4 Continuance and incorporation of University ................................... 2\n5 Functions of University .................................................................... 2\n6 Powers of University ........................................................................ 3\n7 Composition of University ................................................................ 4\nPart 3 Council\n8 University affairs to be conducted by Council .................................. 5\n9 Composition of Council .................................................................... 5\n10 Terms of office ................................................................................. 6\n10A Duties of members of Council.......................................................... 7\n11 Vacation or termination of office ...................................................... 8\n12 Casual vacancies ............................................................................ 9\n13 Chancellor ....................................................................................... 9\n14 Deputy Chancellor ......................................................................... 10\n15 Vice-Chancellor ............................................................................. 10\n16 Disclosure of interest ..................................................................... 10\n17 Meetings of Council ....................................................................... 11\n18 Presiding at meetings .................................................................... 12\n19 Committees ................................................................................... 12\nPart 4 Academic Board, Alumni and student\nassociation\n20 Academic Board ............................................................................ 13\n21 Alumni ........................................................................................... 13\n22 Student association ....................................................................... 13\nPart 5 Institute of Advanced Studies and research\nschools\n23 Institute of Advanced Studies ........................................................ 14\n24 Research schools .......................................................................... 14\n25 Menzies School of Health Research.............................................. 14\n\nCharles Darwin University Act 2003 ii\nPart 6 Degrees and other awards\n26 Degrees and awards of University ................................................. 14\n27 Degrees and awards of other bodies ............................................. 15\nPart 7 Staff and consultants\n28 Appointment of staff ....................................................................... 15\n29 Consultants may be engaged ........................................................ 15\nPart 8 Property, finance, audit and annual report\n30 Financial year ................................................................................ 15\n31 Fees and charges .......................................................................... 16\n32 University accounts ....................................................................... 16\n33 Proper accounts to be kept ............................................................ 16\n34 Gifts etc. and trust funds ................................................................ 17\n35 Investment ..................................................................................... 17\n36 Variation of terms of trust or gift..................................................... 18\n37 Financial accommodation .............................................................. 20\n38 Budget and financial information ................................................... 20\n39 Annual reports and audit ............................................................... 21\nPart 9 Miscellaneous\n40 Trading corporations etc. ............................................................... 22\n41 Controlled entities .......................................................................... 22\n42 Delegation ..................................................................................... 23\n43 Terms of contract and execution of documents ............................. 23\n44 Protection from liability .................................................................. 24\n45 Validity of proceedings .................................................................. 24\n46 By-laws .......................................................................................... 25\n47 Rules ............................................................................................. 27\n48 Penalties under by-laws and rules ................................................. 28\nPart 10 Repeals, savings and transitional\nprovisions\n49 Repeal ........................................................................................... 28\n50 Removal of college status of Centralian College ........................... 29\n51 Establishing first Council................................................................ 29\n52 Savings and transitional provisions ............................................... 30\nSchedule 1\nSchedule 2 Savings and transitional provisions –\nNorthern Territory University\n\nCharles Darwin University Act 2003 iii\nSchedule 3 Savings and transitional provisions –\nCentralian College\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 3 March 2023\n____________________\nCHARLES DARWIN UNIVERSITY ACT 2003\nAn Act to establish the Charles Darwin University and for related\npurposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Charles Darwin University Act 2003.\n2 Commencement\n(1) Section 51 comes into operation on the day on which the\nAdministrator's assent to this Act is declared.\n(2) The remaining provisions of this Act come into operation on:\n(a) 1 January 2004; or\n(b) the date fixed by the Administrator by notice in the Gazette,\nwhichever occurs first.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nBy-laws means the by-laws made under section 46.\nCentralian College means the institution of that name established\nunder section 41 of the Education Act 1979.\nChancellor means the Chancellor of the University appointed\nunder section 13.\nCouncil means the Council of the University.\nDeputy Chancellor means the Deputy Chancellor of the University\nappointed under section 14.\nInstitute of Advanced Studies means the Institute of Advanced\nStudies established under section 23.\n\nPart 2 Charles Darwin University\nCharles Darwin University Act 2003 2\nMenzies School of Health Research means the School of that\nname established by the Menzies School of Health Research\nAct 1985.\nNorthern Territory University means the Northern Territory\nUniversity established by the Northern Territory University\nAct 1988.\nRules means the rules made under section 47.\nstudent of the University means a person or a class of persons\nprescribed by the By-Laws.\nUniversity means the Charles Darwin University.\nVice-Chancellor means the Vice-Chancellor of the University\nappointed under section 15.\nPart 2 Charles Darwin University\n4 Continuance and incorporation of University\n(1) Despite the repeal of the Northern Territory University Act 1988 by\nsection 49, the University established by section 4 of that Act\ncontinues in existence under this Act as the Charles Darwin\nUniversity.\n(2) The University:\n(a) is a body corporate with perpetual succession;\n(b) has a common seal;\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real (including leasehold) and personal property;\nand\n(d) is capable, in its corporate name, of suing and being sued.\n(3) A court, judge or persons acting judicially must take judicial notice\nof the common seal of the University affixed to a document and\nmust presume that it was duly affixed.\n5 Functions of University\nThe University has the following functions:\n(a) to undertake teaching activities that fulfil the requirements of\nan undergraduate and postgraduate university education and\ntraining and further education by way of a course of instruction\n\nPart 2 Charles Darwin University\nCharles Darwin University Act 2003 3\nthat is, or is preparatory to, a course of a kind relevant to a\ntrade, technical or other vocational education;\n(b) to undertake research (taking advantage of the human and\nphysical resources of the University) and, where appropriate,\nto consider commercial exploitation of research that is\nundertaken;\n(c) to undertake teaching activities to provide other education and\ntraining as determined by the Council;\n(d) to co-operate with other universities and with institutions of\nhigher education, training and further education or research\n(whether within or outside of Australia);\n(e) to liaise with industry and professional organisations, training\ncommittees and the community;\n(f) to disseminate knowledge and advance skills and their\npractical application;\n(g) to provide consultative and research services and facilities;\n(h) to administer schemes of financial and other assistance for\nstudents of the University and persons studying or carrying out\nresearch at the University including, in the case of students,\nfinancial assistance in the form of loans;\n(i) to provide library and other educational facilities that may be\nused by the public on conditions as determined by the\nCouncil;\n(j) to carry out any other function that is conferred on it by or\nunder this or any other Act.\n6 Powers of University\n(1) The University has power to perform its functions and to exercise its\npowers including to do any thing that is necessary or convenient to\nbe done in connection with or incidental to its functions and powers.\n(2) The University may establish institutes, faculties, schools,\ndepartments and organisations that it considers will best allow it to\nperform its functions.\n(3) Without limiting subsections (1) and (2), the University may do any\nof the following:\n(a) enter into contracts;\n\nPart 2 Charles Darwin University\nCharles Darwin University Act 2003 4\n(b) create, develop, apply for, obtain and hold intellectual and\nindustrial property and rights and enter into agreements or\narrangements for their commercial exploitation on terms as to\nroyalties, lump sum payments or otherwise that the Council\nthinks fit;\n(c) purchase, take on lease or otherwise acquire real or personal\nproperty and to sell, grant a lease or otherwise dispose of real\nor personal property;\n(d) erect buildings;\n(e) occupy, use and control land or buildings owned or held under\nlease and made available for the purposes of the University;\n(f) accept gifts, grants, bequests, devises and assignments made\nto the University (whether on trust or otherwise) and act as\ntrustee of moneys or other property vested in the University on\ntrust;\n(g) enter into arrangements with other universities or with\ninstitutions of higher, technical or further education (whether in\nor outside Australia) or with any of the States that administer\neducation services to establish in the University courses of\nlectures or studies for degrees, diplomas, trade certificates or\notherwise;\n(h) establish, manage and control halls of residence and other\nforms of student accommodation and to establish, manage\nand control other accommodation that the Council thinks fit.\n7 Composition of University\nThe University consists of:\n(a) the members of the Council;\n(b) the graduates of the University and the Northern Territory\nUniversity;\n(c) the holders of awards of the University and the Northern\nTerritory University other than degrees;\n(d) the staff employed by the University;\n(e) the students of the University;\n(f) the holders of awards of Centralian College; and\n\nPart 3 Council\nCharles Darwin University Act 2003 5\n(g) other persons or classes of persons that the Council\ndetermines.\nPart 3 Council\n8 University affairs to be conducted by Council\n(1) The affairs of the University are to be conducted by the Council.\n(2) In particular, the Council is to:\n(a) monitor the performance of the Vice-Chancellor;\n(b) approve the mission and strategic direction of the University;\n(c) approve the budget and business plan of the University;\n(d) oversee the management of the University, including\napproving significant commercial activities;\n(e) regularly review delegations under this Act;\n(f) monitor systems of accountability implemented by the\nUniversity;\n(g) review management practices and performances of the\nUniversity; and\n(h) to oversee risk management across the University.\n(3) All acts and things done:\n(a) by the Council; or\n(b) in the name of or on behalf of the University with the express\nor implied authority of the Council,\nare taken to have been done by the University.\n9 Composition of Council\n(1) The Council consists of:\n(a) the Chancellor;\n(b) the Vice-Chancellor;\n(c) the Chairperson of the Academic Board;\n(d) 8 persons appointed by the Administrator;\n\nPart 3 Council\nCharles Darwin University Act 2003 6\n(e) one person elected by and from the full-time higher education\nacademic staff of the University;\n(f) one person elected by and from the full-time TAFE academic\nstaff of the University;\n(g) one person elected by and from the undergraduate students of\nthe University; and\n(h) one person elected by and from the postgraduate students of\nthe University.\n(2) The Nominations Committee:\n(a) must nominate persons considered suitable to be appointed\nmembers of the Council under subsection (1)(d); and\n(b) must nominate at least one preferred candidate for each\nappointment that is to be made under subsection (1)(d).\n(3) The persons appointed under subsection (1)(d) are to be persons\nwho represent between them a broad range of community interests\n(including persons with expertise in education and vocational\ntraining, research and technology).\n(4) Of the persons appointed under subsection (1)(d):\n(a) at least 2 are to be persons with financial expertise; and\n(b) at least one is to be a person with commercial expertise.\n(6) If a body of persons required by this section to elect a member of\nthe Council fails or refuses to elect the member by the date\ndetermined from time to time by the Council in respect of the\nparticular election:\n(a) the Minister may on the advice of the Council appoint a person\nas the Minister thinks fit to be a member of the Council; and\n(b) the person appointed is taken to have been elected a member\nby the body of persons.\n10 Terms of office\n(1) Subject to this Act:\n(a) a person appointed to the Council under section 9(1)(d) holds\noffice for 3 years from the date he or she is appointed;\n\nPart 3 Council\nCharles Darwin University Act 2003 7\n(b) a person elected to the Council under section 9(1)(e) or (f)\nholds office for 3 years from 1 January following the date he or\nshe is elected; and\n(c) a person elected to the Council under section 9(1)(g) or (h)\nholds office for one year from 1 January following the date he\nor she is elected.\n(2) Subject to this section, a person referred to in subsection (1) may\nbe re-appointed or re-elected as a member of the Council.\n(3) A person referred to in subsection (1) cannot be re-appointed or\nre-elected as a member of the Council if, as a result, the person will\nhold the office for a continuous period of more than 12 years.\n(4) If at least two-thirds of the members of the Council agree at a\nmeeting of the Council that subsection (3) should not apply to a\nperson, the person may be re-appointed or re-elected despite that,\nbecause of the subsection, the person would not be eligible to be\nre-appointed or re-elected.\n10A Duties of members of Council\n(1) A member, when exercising a power or performing a function of the\noffice:\n(a) must act solely in the interests of the University and not as a\ndelegate or representative of a particular constituency; and\n(b) must act in good faith, honestly and for a proper purpose; and\n(c) must exercise appropriate care and diligence; and\n(d) must not use his or her office to improperly gain an advantage\n(either for the member or another person); and\n(e) must disclose and avoid conflicts of interest.\n(2) In this section:\nmember means a member of the Council appointed or elected\nunder section 9(1).\n\nPart 3 Council\nCharles Darwin University Act 2003 8\n11 Vacation or termination of office\n(1) A member vacates his or her office if:\n(a) the member becomes bankrupt, applies to take the benefit of\na law for the relief of bankrupt or insolvent debtors, or\ncompounds with his or her creditors or makes an assignment\nof his or her remuneration for their benefit;\n(b) the member is convicted in the Territory of an offence\npunishable by imprisonment for 12 months or more, or is\nconvicted elsewhere than in the Territory of an offence that, if\ncommitted in the Territory, would be an offence punishable by\nimprisonment for 12 months or more;\n(c) the Administrator receives a report from the Chief Health\nOfficer, based on advice from 2 medical practitioners, that as\na result of his or her mental illness, as defined in the Mental\nHealth and Related Services Act 1998, he or she has become\nincapable of performing his or her duties as a member and is\nunlikely to be able to perform them for the remainder of his or\nher term of appointment;\n(d) the member is absent, except on leave granted by the\nCouncil, from 3 consecutive meetings of the Council of which\nreasonable notice has been given to the member personally or\nby post;\n(e) the member resigns his or her office by writing signed by the\nmember and delivered to the Secretary of the Council;\n(f) being the member elected under section 9(1)(e) – the member\nceases to be a member of the full-time higher education\nacademic staff of the University;\n(g) being the member elected under section 9(1)(f) – the member\nceases to be a member of the full-time TAFE academic staff of\nthe University;\n(h) being the member elected under section 9(1)(g) – the member\nceases to be an undergraduate student;\n(i) being the member elected under section 9(1)(h) – the member\nceases to be a postgraduate student; or\n(j) the member is disqualified from acting as a Director of a\ncompany or managing corporations under Part 2D.6 of the\nCorporations Act 2001.\n\nPart 3 Council\nCharles Darwin University Act 2003 9\n(2) Subject to subsection (2A), the Council may terminate a member's\nappointment if it is satisfied that the member has not carried out his\nor her duties under section 10A.\n(2A) The Council can only exercise its power under subsection (2) if at\nleast two-thirds of the members of the Council agree at a meeting\nthat the member has not carried out his or her duties under\nsection 10A.\n(3) In this section:\nmember means a member of the Council appointed or elected\nunder section 9(1).\n12 Casual vacancies\n(1) Subject to subsection (2), if a vacancy occurs in the office of a\nmember of the Council elected under section 9(1) otherwise than by\nthe expiry of the member's term of office:\n(a) the Council must appoint a person with the same qualification\nfor election as the member in whose stead the member is\nappointed to fill the vacancy; and\n(b) subject to this Part – the person appointed holds office as a\nmember of the Council for the unexpired period of office of the\nmember in whose stead the member is appointed.\n(2) In exercising its powers under subsection (1), the Council must take\ninto account the results of the election at which the member\nvacating his or her office was elected.\n13 Chancellor\n(1) The Council must appoint a person to be the Chancellor.\n(2) The Chancellor holds office for 3 years.\n(3) A member of the Council may be appointed the Chancellor but only\nif he or she is a member of the Council appointed under\nsection 9(1)(d).\n(4) If the person appointed Chancellor is a member of the Council\nappointed under section 9(1)(d), the person is taken to have\nresigned his or her office as an appointed member and the\nAdministrator must appoint another person to be a member of the\nCouncil under section 9(1)(d).\n(5) The Chancellor may resign his or her office by writing delivered to\nthe Council.\n\nPart 3 Council\nCharles Darwin University Act 2003 10\n14 Deputy Chancellor\n(1) The Council must appoint a person to be the Deputy Chancellor.\n(2) The person appointed the Deputy Chancellor must be a member of\nthe Council appointed under section 9(1)(d).\n(3) The Deputy Chancellor may resign his or her office by writing\ndelivered to the Council.\n(4) The Deputy Chancellor may act in the office of the Chancellor if the\nChancellor is for any reason unable to exercise his or her powers or\nperform his or her functions.\n15 Vice-Chancellor\n(1) The Council must appoint a Vice-Chancellor.\n(2) The Vice-Chancellor is to be appointed on terms and conditions\ndetermined by the Council.\n(3) The Vice-Chancellor is:\n(a) the chief executive officer of the University; and\n(b) responsible to the Council for the management of the\nUniversity.\n(4) The Vice-Chancellor has the powers and functions:\n(a) as prescribed by the By-laws; and\n(b) as determined by the Council.\n16 Disclosure of interest\n(1) A member of the Council who has a direct or indirect pecuniary\ninterest in:\n(a) a matter being considered or about to be considered at a\nmeeting of the Council; or\n(b) a thing being done or about to be done by the Council,\nmust, as soon as possible after the relevant facts come to his or her\nknowledge, disclose the nature of the interest at a meeting of the\nCouncil.\n\nPart 3 Council\nCharles Darwin University Act 2003 11\n(2) Subsection (1) does not apply if the interest is held as a member of,\nand in common with the other members of, a corporation consisting\nof not less than 25 members and of which the member is not a\ndirector.\n(3) A disclosure that a member:\n(a) is a member or an employee of a specified corporation or\nbody;\n(b) is a partner or employee of a specified person; or\n(c) has some other specified interest relating to a specified\ncorporation, body or person,\nis taken to be a sufficient disclosure of the nature of the interest in\nany matter or thing relating to the company, body or person that\nmay arise after the date of the disclosure.\n(4) The Council must ensure that:\n(a) particulars of all disclosures made under this section are\nrecorded in a book; and\n(b) the book is able to be inspected at all reasonable times by a\nperson after paying the fee, if any, determined by the Council.\n(5) A member of the Council who has, or is taken to have disclosed,\nthe nature of an interest must not:\n(a) be present during any deliberation of the Council, or take part\nin a decision of the Council, in relation to a matter to which the\ndisclosure relates; or\n(b) perform a function under this Act in relation to a matter to\nwhich the disclosure relates.\n(6) Subsection (5) does not apply if the Council (in the absence of the\nmember) determines otherwise.\n(7) In this section:\nCouncil includes a committee of the Council.\n17 Meetings of Council\n(1) The Chancellor must call as many meetings of the Council as are\nnecessary for it to perform its functions and exercise its powers.\n(2) However, the interval between meetings cannot exceed 4 months.\n\nPart 3 Council\nCharles Darwin University Act 2003 12\n(3) The Chancellor must call a meeting of the Council if requested to\ndo so by 8 members of the Council.\n(4) At a meeting of the Council, 8 members of the Council constitute a\nquorum.\n(5) At a meeting of the Council:\n(a) questions are to be determined by a majority of the votes of\nthe members present and voting; and\n(b) in the event of an equality of votes – the matter is to be\ndeferred to the next meeting of the Council and, in the event of\nan equality of votes at that meeting, the matter is to be taken\nto have been defeated.\n(6) Except as provided by this Act and the By-laws, the Council may\ndetermine the procedure to be followed at or in connection with its\nmeetings.\n(7) The Council must ensure that there are formal induction and\nprofessional processes available to a member so that he or she is\naware of his or her duties as a member.\n18 Presiding at meetings\n(1) Subject to subsection (2), the Chancellor or, in the Chancellor's\nabsence, the Deputy Chancellor must preside at meetings of the\nCouncil at which he or she is present.\n(2) If both the Chancellor and Deputy Chancellor are absent from a\nmeeting of the Council, the members present must elect an acting\nChancellor and the person may exercise the powers and perform\nthe functions of the Chancellor for the meeting.\n19 Committees\n(1) The Council may establish committees.\n(2) The Council must establish a Nominations Committee.\n(3) A person may be appointed a member of a committee whether or\nnot he or she is a member of the Council.\n\nPart 4 Academic Board, Alumni and student association\nCharles Darwin University Act 2003 13\nPart 4 Academic Board, Alumni and student\nassociation\n20 Academic Board\n(1) The Academic Board of the University is established.\n(2) The membership of the Academic Board is as prescribed by the\nBy-laws.\n(3) The By-laws are to provide for the method of appointing the\nChairperson and Deputy Chairperson of the Academic Board.\n(4) The Academic Board:\n(a) may advise the Council or the Vice-Chancellor on any matter\nrelating to the University and, in particular, make\nrecommendations with respect to instruction, studies,\nexaminations and assessments, research and awards relevant\nto those programs deemed to be awards for funding purposes;\nand\n(b) must report on any matter on which it is required to report by\nthe Council or the Vice-Chancellor.\n(5) In addition to subsection (4), the Academic Board has the powers\nand duties that are conferred or imposed on it by or under this Act.\n(6) The proceedings of the Academic Board are to be conducted in the\nmanner it determines.\n21 Alumni\n(1) The Alumni of the University is established.\n(2) The membership of the Alumni is as prescribed by the By-laws.\n22 Student association\n(1) The students of the University in accordance with the By-laws and\nthe Rules may:\n(a) establish a student association of the University; and\n(b) adopt a constitution by which the student association is to be\ngoverned.\n(2) The objects of the student association are to be defined in its\nconstitution.\n\nPart 6 Degrees and other awards\nCharles Darwin University Act 2003 14\n(3) A constitution adopted under subsection (1) and any amendment to\nit is of no force or effect until approved by the Council.\nPart 5 Institute of Advanced Studies and research\nschools\n23 Institute of Advanced Studies\n(1) The Council must establish an Institute of Advanced Studies.\n(2) The Council must establish an advisory board for the Institute of\nAdvanced Studies.\n(3) The members of the advisory board for the Institute of Advanced\nStudies are to be appointed by the Council.\n24 Research schools\n(1) The Institute of Advanced Studies may establish research schools.\n(2) The Council must in respect of each research school established\nunder subsection (1):\n(a) appoint a person to be the Director of the research school;\n(b) establish an advisory board for the research school; and\n(c) approve the business plan and budget of the research school\nfor each financial year.\n(3) The members of an advisory board are to be appointed by the\nCouncil.\n(4) An advisory board has the functions determined by the Council.\n25 Menzies School of Health Research\n(1) The Menzies School of Health Research is a research school.\n(2) The Director of the Menzies School of Health Research is a\nmember of the advisory board for the Institute of Advanced Studies.\nPart 6 Degrees and other awards\n26 Degrees and awards of University\n(1) The Council may:\n(a) confer degrees of the University; and\n\nPart 8 Property, finance, audit and annual report\nCharles Darwin University Act 2003 15\n(b) grant diplomas, certificates or other awards of the University,\nin relation to the passing of examinations of the University or\neducation and training provided by the University.\n(2) For the purpose of enabling students to obtain degrees and other\nawards of the University, the Council must promote course\narticulation and credit transfer between training and further\neducation and higher education.\n(3) The Council may grant honorary degrees and other distinctions.\n27 Degrees and awards of other bodies\nThe Council may cause instruction to be given to students for the\npurpose of completing the requirements for a degree or other award\nof any university or other institution with which the Council has\nmade an agreement.\nPart 7 Staff and consultants\n28 Appointment of staff\n(1) Subject to this Act and the By-laws, the Vice-Chancellor may\nappoint academic and other staff for the purposes of the University.\n(2) Members of the staff of the University are to be employed on terms\nand conditions approved by the Council.\n29 Consultants may be engaged\nThe Council may:\n(a) engage consultants to the University; and\n(b) make arrangements to be provided with advice.\nPart 8 Property, finance, audit and annual report\n30 Financial year\nSubject to the approval of the Treasurer, the Council may\ndetermine a date on which the financial year of the University ends.\n\nPart 8 Property, finance, audit and annual report\nCharles Darwin University Act 2003 16\n31 Fees and charges\n(1) The Council may determine the fees and charges to be paid to the\nUniversity:\n(a) for courses of study or instruction of the University;\n(b) for admission to examinations conducted by the University;\nand\n(c) for other facilities or privileges of the University.\n(2) A student granted a scholarship or bursary by the University is\nexempt from paying fees and charges to the extent of the\nexemption applicable under the scholarship or bursary.\n(3) The Council may exempt a student from paying the whole or a part\nof a fee or charge if it considers that paying the fee or charge, or\nthe part, would cause substantial hardship to the student.\n(4) The Council may defer the date at which a fee or charge is payable\nby a student if it considers that paying the fee or charge by the date\nwould cause substantial hardship to the student.\n32 University accounts\n(1) Subject to this Part, the Council may open and maintain accounts\nwith any ADI.\n(2) All moneys received by the University must be paid to the credit of\nthe accounts referred to in subsection (1).\n(3) Subject to the terms of a trust, money in an account referred to in\nsubsection (1) must be applied by or with the authority of the\nCouncil only for the purposes of the University.\n33 Proper accounts to be kept\nThe Council must:\n(a) cause proper accounts and records of the transactions and\naffairs of the University to be kept;\n(b) do all things necessary to ensure that all payments out of the\nmoneys of the University are correctly made and properly\nauthorised;\n(c) do all things necessary to ensure that adequate control is\nmaintained over the property owned or in the custody of the\nUniversity; and\n\nPart 8 Property, finance, audit and annual report\nCharles Darwin University Act 2003 17\n(d) do all things necessary to ensure that adequate control is\nmaintained over liabilities incurred by the University.\n34 Gifts etc. and trust funds\n(1) In exercising its powers to acquire, hold, deal with or dispose of real\nor personal property, the University may agree to and carry out the\nconditions of a gift, grant, bequest, devise, purchase, lease or other\nmeans by which it acquires or holds property.\n(2) The University may create and administer trust funds:\n(a) for the purposes of subsection (1); or\n(b) for any other purpose.\n35 Investment\n(1) The Council may establish investment common funds to collectively\ninvest the trust or other moneys of or in the custody of the\nUniversity.\n(2) The Council may, without liability for breach of trust, bring into or\nwithdraw from an investment common fund the whole or any part of\nthe trust or other moneys of or in the custody of the University.\n(3) Subject to subsections (4) and (5), the Council must periodically\ndistribute the income of an investment common fund among the\nfunds participating in the common fund (having regard to the extent\nof the participation of each fund in the common fund during the\nrelevant accounting period).\n(4) If moneys received by the Council to be expended for a stated\npurpose have been brought into an investment account but cannot,\nor will not immediately be expended for that purpose, the Council\nmay pay into the general funds of the University the whole or a part\nof the income of the investment common fund that is attributed to\nthose moneys and which are not required for the stated purpose.\n(5) The Council may:\n(a) add a portion of the income of an investment account to the\ncapital of the investment common fund; or\n(b) use a portion of the income of an investment account to\nestablish or augment a fund as a provision against any capital\ndepreciation or reduction of income.\n\nPart 8 Property, finance, audit and annual report\nCharles Darwin University Act 2003 18\n(6) Moneys of the University (whether forming part of a common fund\nor not), including moneys held on trust or subject to a condition,\nmust only be invested in a class of investment approved by the\nTreasurer.\n(7) The powers conferred by this section or the By-laws relating to\ninvestment of property, must not be exercised by the Council in\nrelation to a trust fund or other moneys if:\n(a) the investment creating the trust expressly prohibits the\nCouncil from doing so; or\n(b) the exercise of power would constitute a breach of a condition\nunder which the fund or moneys was or were acquired.\n36 Variation of terms of trust or gift\n(1) If, in respect of prescribed property:\n(a) the purpose or all or any of the purposes has or have been\neffected;\n(b) the purpose or all or any of the purposes has or have ceased\nto exist;\n(c) the purpose or all or any of the purposes has or have been\nadequately provided for by other means;\n(d) the purpose or all or any of the purposes is or are uncertain or\ncannot be identified or is or are not sufficiently defined;\n(e) it becomes impossible or impracticable or inexpedient to carry\nout the purpose or all or any of the purposes; or\n(f) the property or income derived from the property proves\ninadequate to carry out the purpose or all or any of the\npurposes,\nthe Council may cause a scheme to be prepared by which\nprescribed property or any part or residue of the property is to be\nheld on terms requiring the property or income from the property to\nbe applied for the purpose or purposes designated in the scheme.\n(2) The Council must submit a scheme prepared under subsection (1)\nto the Administrator.\n\nPart 8 Property, finance, audit and annual report\nCharles Darwin University Act 2003 19\n(3) The Administrator may, on receiving the scheme:\n(a) by notice in the Gazette:\n(i) approve it; or\n(ii) approve it with modifications; or\n(b) by notice in writing to the Council – refuse to approve the\nscheme.\n(4) If an approved scheme exists in relation to property or a part or\nresidue of property held by the University, the property, part or\nresidue must, in accordance with the approved scheme:\n(a) be diverted from the purpose or purposes for which it was\nheld; and\n(b) is to be held for the purpose or purposes designated in the\napproved scheme.\n(5) In selecting a purpose for an approved scheme, the Council must\nhave a preference for a purpose that, in its opinion, is as nearly\nsimilar to the purpose or purposes for which the property concerned\nis, for the time being, held by the University as is consistent with\nuseful and convenient achievement but the scheme or amendment\nis not invalidated or otherwise prejudiced by reason that another\npurpose may have more properly been selected by the Council in\naccordance with this subsection.\n(6) On its publication in the Gazette, judicial notice is to be taken of an\napproved scheme.\n(7) The powers conferred by this section are in addition to any other\npower or right exercisable in law in relation to property held by the\nUniversity on trust.\n(8) In this section:\napproved scheme means a scheme approved under\nsubsection (3).\nprescribed property means property held by the University on\nterms requiring the property or income from the property to be\napplied for a purpose or purposes.\n\nPart 8 Property, finance, audit and annual report\nCharles Darwin University Act 2003 20\n37 Financial accommodation\n(1) The Council may obtain an advance by way of loan:\n(a) from the Treasurer;\n(b) on overdraft from an ADI; or\n(c) from any other person.\n(2) An advance under subsection (1)(c) may be on security and at a\nrate of interest and on terms and conditions that the Council thinks\nfit.\n38 Budget and financial information\n(1) The Council must:\n(a) in each financial year – adopt for the next financial year a\nbudget for all funds of the University (other than those to\nwhich subsection (3) relates);\n(b) approve all amendments to the budget; and\n(c) control the expenditure of the University so that it conforms as\nnearly as practicable to the budget adopted under\nparagraph (a).\n(3) The Council must each year:\n(a) review:\n(i) the funds available to the University by way of bequest,\ndonation or special grant; and\n(ii) the expenditure of those funds; and\n(b) subject to the terms of a trust – approve the proposed\ndisposition of those funds.\n(4) The Treasurer may require the Vice-Chancellor to provide\ninformation that, in the Treasurer's opinion, is necessary to enable\nhim or her to accurately assess the financial affairs of the\nUniversity, including details of:\n(a) financial investments in corporations, trusts and joint ventures;\n(b) contingent liabilities; and\n(c) guarantees.\n\nPart 8 Property, finance, audit and annual report\nCharles Darwin University Act 2003 21\n(5) The Vice-Chancellor must provide the information required by the\nTreasurer under subsection (4).\n39 Annual reports and audit\n(1) The Council must:\n(a) within 6 months after the end of the financial year; or\n(b) within any further period that the Minister allows,\nprepare a report on the operations of the University during the\nfinancial year and forward it to the Minister.\n(2) A report under subsection (1) must include any financial statement\nprepared under subsection (3).\n(3) The Vice-Chancellor must:\n(a) within 3 months after the end of the financial year; or\n(b) within any further period that the Treasurer allows,\nprepare a financial statement in respect of the operations of the\nUniversity or functions of the University specified by the Treasurer\nin writing.\n(4) A financial statement under subsection (3) must be prepared in the\nform that the Treasurer directs.\n(5) The Vice-Chancellor must forward the financial statement to the\nAuditor-General.\n(6) The Auditor-General must:\n(a) audit the statement forwarded under subsection (5); and\n(b) within 3 months after receiving the statement or any further\nperiod that the Administrator allows:\n(i) report on the statement to the Minister; and\n(ii) forward a copy of the report to the Vice-Chancellor.\n(7) The Minister must table in the Legislative Assembly:\n(a) the report under subsection (1); and\n(b) the report of the Auditor-General under subsection (6),\n\nPart 9 Miscellaneous\nCharles Darwin University Act 2003 22\nwithin 6 sitting days of the Assembly after receiving the report of the\nAuditor-General.\nPart 9 Miscellaneous\n40 Trading corporations etc.\nThe Council may, with the approval of the Treasurer:\n(a) establish; or\n(b) participate in establishing,\ntrading, research or other corporations for the purpose of promoting\nor assisting the University in connection with its functions.\n41 Controlled entities\n(1) The Council must ensure that a controlled entity of the University is\nproperly managed by:\n(a) ensuring that members of the board of the entity possess\nappropriate skills, knowledge and experience;\n(b) ensuring that a sufficient number of members of the board of\nthe entity are independent;\n(c) ensuring that the board of the entity adopts and implements a\nstatement of governance principles acceptable to the Council;\n(d) ensuring that the board of the entity documents a clear\ncorporate and business strategy that reports and updates\nannually the entity's long term objectives and includes an\nannual business plan containing achievable and measurable\nperformance targets and milestones;\n(e) requiring the board of the entity to prepare quarterly reports\nagainst its business plan; and\n(f) requiring the financial statements of the entity to be audited by\nthe Auditor-General.\n(2) In subsection (1):\ncontrolled entity has the same meaning as in Australian\nAccounting Standard 31 (Financial Reporting by Governments)\nissued by the Australian Accounting Standards Board, as in force\nfrom time to time.\n\nPart 9 Miscellaneous\nCharles Darwin University Act 2003 23\n42 Delegation\n(1) The Council may delegate any of its powers and functions under\nthis Act other than:\n(a) a power or function referred to in section 8(2);\n(b) this power of delegation; or\n(c) the power to make By-laws or Rules.\n(2) The Vice-Chancellor, subject to the directions of the Council, may\ndelegate any of his or her powers and functions under this Act other\nthan this power of delegation.\n(3) A power or function delegated under this section, when exercised\nor performed by the delegate, is taken to have been exercised or\nperformed by the Council or Vice-Chancellor, as the case may be.\n(4) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Council or\nVice-Chancellor.\n(5) If a power or function is delegated under this section by the Council\nto a member of the staff of the University, the power or function is\nalso delegated to the Vice-Chancellor.\n(6) If a power or function is delegated under this section by the Council\nto a committee of the Council and the composition of the committee\nchanges, the power or function is delegated to the committee\ndespite its change of composition (unless expressly revoked or\nvaried by the Council).\n(7) A delegation under this section must be in writing.\n43 Terms of contract and execution of documents\n(1) A deed, instrument, contract or agreement relating to any property\nor matter that, if made or executed by an individual, would by law\nbe required to be in writing under seal may be made on behalf of\nthe University in writing under its common seal.\n(2) An instrument, contract or agreement relating to any property or\nmatter that, if made by or between individuals would be required to\nbe in writing and signed by the parties, may be made on behalf of\nthe University in writing by a person acting under the authority,\nexpress or implied, of the Council.\n\nPart 9 Miscellaneous\nCharles Darwin University Act 2003 24\n(3) A contract relating to any property or matter that, if made between\nindividuals, would by law be valid although made by parol only (and\nnot reduced to writing) may be made on behalf of the University by\na person acting under the authority, express or implied, of the\nCouncil.\n(4) A contract entered into or an instrument, contract or agreement\nsigned in relation to any property or obligation of the University is\ntaken to have been entered into or signed with the express\nauthority of the Council if it is entered into or signed in accordance\nwith a resolution of the Council that is in force.\n44 Protection from liability\n(1) This section applies to a person who is or has been:\n(a) a member of the University;\n(b) a member of the Council; or\n(c) a member of a committee.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the University or the Council in the\nexercise or purported exercise of a power, or the performance or\npurported performance of a function, under this Act.\n(4) Subsections (2) and (3) do not affect any liability the Territory or the\nUniversity would, apart from those subsections, have for the act or\nomission.\n45 Validity of proceedings\n(1) Proceedings of the Council or a committee of the Council cannot be\ninvalidated by reason only of:\n(a) a defect in the appointment or election of, or a disqualification\nof, a member of the Council or the committee;\n(b) a defect in convening or conducting a meeting of the Council\nor the committee;\n(c) a vacancy in the membership of the Council or the committee;\n\nPart 9 Miscellaneous\nCharles Darwin University Act 2003 25\n(d) the fact that a person purporting to be a member of the\nCouncil or the committee was not a member; or\n(e) a contravention of or non-compliance with section 16 by a\nmember of the Council or the committee.\n(2) An act done by the Vice-Chancellor or a delegate of the Council or\nthe Vice-Chancellor cannot be invalidated by reason only of a\ndefect in the appointment of the person to the office.\n46 By-laws\n(1) The Council may make by-laws, not inconsistent with this Act,\nprescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The By-laws may provide for:\n(a) the use and custody of the common seal of the University;\n(b) the method of electing members of the Council under\nsection 9(1), including procedures relating to nominating,\nenrolling, voting, counting of votes and declaring the polls;\n(c) the manner and time of convening, holding and adjourning the\nmeetings of the Council, voting at meetings, the powers and\nduties of the Chancellor or other person presiding at meetings,\nand the conduct and recording of the business at meetings;\n(d) the appointment of committees of the Council, and the\nquorum, powers and duties of those committees;\n(e) the admission of students to the University;\n(f) the promotion and extension of University teaching and\nresearch;\n(g) the granting of degrees, diplomas, certificates and honours by\nthe University;\n(h) the granting of fellowships, scholarships, exhibitions, bursaries\nand prizes by the University;\n\nPart 9 Miscellaneous\nCharles Darwin University Act 2003 26\n(i) the admitting of students of other universities or educational\nestablishments to a corresponding status or of graduates of\nother universities to a corresponding degree or diploma of the\nUniversity without examination;\n(j) the establishing, managing and controlling of libraries and\nmuseums in connection with the University;\n(k) the establishing, managing and controlling of halls of\nresidence established, and other accommodation provided, by\nthe University;\n(l) the affiliation, association or connection with the University of\nan educational or research establishment, wherever situated,\nto which the governing body of the establishment consents;\n(m) the controlling and investing of property of the University,\nincluding property held on trust or subject to a condition;\n(n) the protecting of property of or under the control of the\nUniversity from trespass, damage or misuse;\n(o) the regulation and control of access to, and the use of, land\nand buildings of or under the control of the University and the\nconduct of persons and the presence and use of vehicles\nthereon;\n(p) the terms and conditions of appointment of academic and\nother staff;\n(q) the recognition of the status of graduate for the purposes of\nthis Act;\n(r) student discipline;\n(s) the making of rules; and\n(t) the method for collecting fees and charges determined by the\nCouncil under section 31 and the recovery of costs and\ncharges associated with collecting those fees and charges.\n(3) A by-law may:\n(a) in the case of an offence of:\n(i) bringing a vehicle onto or parking or standing a vehicle\non a site in breach of a by-law;\n(ii) driving a vehicle on a part of a site in breach of a by-law;\n\nPart 9 Miscellaneous\nCharles Darwin University Act 2003 27\n(iii) driving a vehicle on a part of a site at a speed in excess\nof a speed that, in relation to that part, is prescribed,\ndetermined by a method prescribed or fixed by a person\nauthorised by a by-law so to do in respect of the site or\nthat part;\n(iv) driving a vehicle on a part of a site contrary to a\ndirection, whether given by a person authorised by a by-\nlaw so to do or by a traffic control device on the site; or\n(v) doing on a site with or in respect of a vehicle any other\nact that is prescribed,\nprovide that the person who was in charge of the vehicle at\nthe material time or the owner of the vehicle (whether or not\nthe owner was in charge of the vehicle at the material time) is\nliable to be punished for the offence;\n(b) define who is the owner of a vehicle for the purposes of the\nBy-laws;\n(c) provide for the removing or disposing of a vehicle:\n(i) parked or left standing on a site in a position that\nobstructs, interferes with or causes danger to other\nvehicles on the site or to users of the site; or\n(ii) apparently abandoned on a site; and\n(d) prescribe the proof that is necessary or sufficient to establish a\nmatter relevant to an offence created by the By-laws.\n(4) A by-law referred to in subsection (3)(a) cannot be construed so\nthat the owner of a vehicle and the person in charge of it at the time\nan offence was committed with or in respect of the vehicle are both\nliable for the one offence.\n(5) The By-laws are not subordinate legislation for the purposes of\nsection 57 of the Interpretation Act 1978.\n(6) In subsection (3):\nsite means land or a building the property of or under the control of\nthe University.\n47 Rules\n(1) The Council may make rules (not inconsistent with this Act or the\nBy-laws) for carrying into effect any of the provisions of this Act or\nthe By-laws.\n\nPart 10 Repeals, savings and transitional provisions\nCharles Darwin University Act 2003 28\n(2) Rules must be signed by a person authorised by the Council to sign\nthem.\n(3) Rules:\n(a) must be published in the manner provided for in the By-laws;\nand\n(b) take effect from the date of publication or, if a later date is\nprovided for in the Rules, from the later date.\n(4) It is sufficient compliance with the requirements of subsection (3) if\nnotice of the making of the Rules and the place where copies of\nthem may be obtained is published on a notice board nominated in\nthe By-laws as the main notice board for the University in each\ncampus.\n(5) Sections 63A to 63C of the Interpretation Act 1978 do not apply to\nthe Rules.\n48 Penalties under by-laws and rules\n(1) A by-law or rule may impose, or empower the Council or an officer\nof the University or a body established in accordance with the\nBy-laws to impose, a penalty not exceeding:\n(a) in the case of a by-law – 10 penalty units; and\n(b) in the case of a rule – one penalty unit,\nfor a contravention of or failure to comply with a by-law or rule.\n(2) A penalty imposed under a power conferred by a by-law or rule is a\ndebt due and payable by the person on whom it is imposed to the\nUniversity.\n(3) In proceedings to recover a penalty imposed under a by-law or rule,\na certificate signed by an officer of the University and specifying the\nperson or body by whom it was imposed, the date on which it was\nimposed and the amount of the penalty is prima facie evidence of\nthe matters specified.\nPart 10 Repeals, savings and transitional provisions\n49 Repeal\nThe Acts specified in Schedule 1 are repealed.\n\nPart 10 Repeals, savings and transitional provisions\nCharles Darwin University Act 2003 29\n50 Removal of college status of Centralian College\nCentralian College:\n(a) ceases to be a college for the purposes of the Education\nAct 1979; and\n(b) ceases to be a body corporate.\n51 Establishing first Council\n(1) As soon as practicable after the commencement of this section:\n(a) the members of the Council referred to in section 9(1)(d) are\nto be appointed; and\n(b) the members of the Council referred to in section 9(1)(e), (f),\n(g) and (h) are to be elected.\n(2) For the purposes of this section, section 9 is taken to have come\ninto operation on the commencement of this section.\n(3) For the purposes of this section, the Nominations Committee\nconsists of the Chancellor, Vice-Chancellor and Deputy Chancellor\nof the Northern Territory University.\n(4) The Nominations Committee must nominate persons to be\nappointed under section 9(1)(d) in accordance with section 9.\n(5) As soon as practicable after the commencement of this section, the\nVice-Chancellor of the Northern Territory University is to conduct\nelections for the members referred to in section 9(1)(e), (f), (g)\nand (h) and a reference in those paragraphs to the University is to\nbe read as a reference to the Northern Territory University.\n(6) The elections are to be conducted in accordance with the Northern\nTerritory University (Election of Members of Council) By-laws 1990\n(with the necessary changes) and a reference in those By-laws:\n(a) to an election is to be read as a reference to an election\nconducted under this section; and\n(b) to the Registrar is to be read as a reference to the Vice-\nChancellor.\n(7) A person appointed to the Council under section 9(1)(d) in\naccordance with this section holds office for the period, not\nexceeding 3 years, as is specified in his or her appointment.\n\nPart 10 Repeals, savings and transitional provisions\nCharles Darwin University Act 2003 30\n(8) A person elected to the Council under section 9(1)(e), (f), (g)\nand (h) in accordance with this section holds office for one year\nfrom the date he or she is elected.\n(9) As soon as practicable after the members of the Council are\nappointed and elected under this section, the Council must elect the\nChancellor and Deputy Chancellor.\n(10) For the purposes of subsection (9), sections 13 and 14 are taken to\nhave come into operation on the commencement of this section.\n(11) The Council referred to in subsection (9) is to consist of the\nmembers appointed and elected under this section and the Vice-\nChancellor and the Chair of the Academic Board of the Northern\nTerritory University.\n(12) The Chancellor elected under this section holds office for 3 years\ncommencing on the commencement of this Act.\n52 Savings and transitional provisions\n(1) The savings and transitional provisions in Schedules 2 and 3 have\neffect.\n(2) The Administrator may by regulations make provisions (not\ninconsistent with this Act) that the Administrator considers\nnecessary or desirable to be made:\n(a) for the purpose of giving effect to section 50;\n(b) for the purpose of giving effect to section 51; or\n(c) with respect to any matter or thing existing or in force\nimmediately before the commencement of this Act, being\nprovisions consequential on the repeals effected by\nsection 49.\n(3) For the purposes of subsection (2)(b), subsection (2) is taken to\nhave commenced on the commencement of section 51.\n\nSchedule 1\nCharles Darwin University Act 2003 31\nSchedule 1\nSection 49\nNorthern Territory University Act 1988 No. 49, 1988\nNorthern Territory University Amendment Act 1994 No. 79, 1994\n\nSchedule 2 Savings and transitional provisions – Northern Territory University\nCharles Darwin University Act 2003 32\nSchedule 2 Savings and transitional provisions – Northern\nTerritory University\nsection 52(1)\n(1) On the commencement of this Act, the person who immediately\nbefore that commencement was the Vice-Chancellor of the\nNorthern Territory University is the Vice-Chancellor as if appointed\nunder section 15 of this Act on the same terms and conditions as\ndetermined for the office under the Northern Territory University\nAct 1988.\n(2) On the commencement of this Act:\n(a) the Academic Board of the University that was established\nunder section 24 of the Northern Territory University Act 1988\nis the Academic Board as if established under section 20 of\nthis Act; and\n(b) the persons who immediately before that commencement\nwere the Chair and Deputy Chair of the Academic Board of\nthe University established under section 24 of the Northern\nTerritory University Act 1988 are the Chairperson and Deputy\nChairperson of the Academic Board as if appointed to those\noffices under section 20 of this Act.\n(3) On the commencement of this Act:\n(a) the student association that was established under section 26\nof Northern Territory University Act 1988 is taken to have been\nestablished under section 22 of this Act; and\n(b) the constitution in force under section 26 of Northern Territory\nUniversity Act 1988 immediately before that commencement is\nto taken be the constitution in force under section 22 of this\nAct.\n(4) On the commencement of this Act, persons who immediately before\nthat commencement were the staff of the Northern Territory\nUniversity appointed under section 29 of the Northern Territory\nUniversity Act 1988 are the staff of the University as if appointed\nunder section 28 of this Act on the same terms and conditions as\ndetermined under section 29 of the Northern Territory University\nAct 1988.\n\nSchedule 2 Savings and transitional provisions – Northern Territory University\nCharles Darwin University Act 2003 33\n(5) On the commencement of this Act, by-laws and rules that were in\nforce under Northern Territory University Act 1988 immediately\nbefore that commencement continue in force as if they were\nby-laws and rules made under this Act.\n(6) By-laws and rules referred to in subclause (5) may be amended or\nrepealed under this Act.\n(7) By-laws and rules referred to in subclause (5) are to be read as if a\nreference in them:\n(a) to the University or the Council were a reference to the\nUniversity or Council within the meaning of this Act;\n(b) to a section of the Act were a reference to the equivalent\nsection (if any) of this Act; and\n(c) to an office, designation or position were a reference to the\nequivalent office, designation or position (if any) under this\nAct.\n(8) If an office, designation or position in by-laws and rules referred to\nin subclause (5) no longer exists under this Act, the reference is to\nbe read as a reference to the office, designation or position\ndetermined by the Vice-Chancellor.\n\nSchedule 3 Savings and transitional provisions – Centralian College\nCharles Darwin University Act 2003 34\nSchedule 3 Savings and transitional provisions –\nCentralian College\nsection 52(1)\n1 Staff of Centralian College\n(1) A person who immediately before the commencement of this Act\nwas an employee of the Department performing duties for\nCentralian College is on that commencement a member of the staff\nof the University.\n(2) A person to whom subclause (1) applies:\n(a) is entitled to be paid salary or wages, allowances and other\nbenefits at rates equal to, and on the same terms and\nconditions as, those that were payable to him or her\nimmediately before the commencement of this Act until his or\nher salary, wages, allowances or other benefits is or are\nvaried or altered by an award of a competent tribunal or an\nindustrial agreement or by any other lawful means or, subject\nto an award or an industrial agreement or other lawful means,\nby a decision of the Council;\n(b) continues to be employed on the same conditions as the\nconditions of his or her employment under the Public Sector\nEmployment and Management Act 1993 immediately before\nthe commencement of this Act (including any period of\nprobation or any approval given under section 61 of that Act to\nengage in paid employment outside his or her employment)\nuntil varied or altered by an award of a competent tribunal or\nan industrial agreement or by any other lawful means or,\nsubject to an award or an industrial agreement or other lawful\nmeans, by a decision of the Council; and\n(c) retains all his or her existing and accruing rights arising from\nhis or her employment under the Public Sector Employment\nand Management Act 1993 as if he or she continued to be\nemployed under that Act, and for that purpose the person's\nservice under that Act is to be taken to be service with the\nUniversity.\n(3) If the contract of employment of a person to whom subclause (1)\napplies is expressed to expire on a specified or ascertainable date\nthat occurs after the commencement of this Act, the person is taken\nto be a member of the staff of the University under a contract of\nemployment that expires on the same date.\n\nSchedule 3 Savings and transitional provisions – Centralian College\nCharles Darwin University Act 2003 35\n(4) All:\n(a) rights and proceedings under Part 7, 8 or 9 of the Public\nSector Employment and Management Act 1993 of or in\nrespect of a person who under subclause (1) is a member of\nthe staff of the University that exist and are pending or have\ncommenced immediately before the commencement of this\nAct;\n(b) obligations, duties, liabilities or remedies under the Public\nSector Employment or Management Act 1993 in respect of\nthose rights and proceedings; and\n(c) orders, directions or decisions made in respect of those rights\nor proceedings under the Public Sector Employment and\nManagement Act 1993,\ncontinue unaffected and may be dealt with under the Public Sector\nEmployment and Management Act 1993 but this Act and the By-\nlaws apply in relation to those orders, directions or decisions with\nthe necessary changes.\n(5) Any suspension, instruction, direction or other action that:\n(a) was taken or given under the Public Sector Employment and\nManagement Act 1993 in relation to a person who under\nsubclause (1) is a member of the staff of the University; and\n(b) is in force immediately before the commencement of this Act,\ncontinues to have effect as if made under this Act and this Act and\nthe By-laws apply in relation to the suspension, instruction, direction\nor other action with the necessary changes.\n(6) A person to whom subclause (1) applies is not entitled to claim\nbenefits under both this Act and the Public Sector Employment and\nManagement Act 1993 in respect of the same period of service.\n(7) A person to whom subclause (1) applies may apply in writing to the\nChief Executive Officer to be re-appointed an employee at any time\nbefore 1 January 2005.\n(8) A person who applies under subclause (7):\n(a) is to be provided with assistance by the Department (in\naccordance with redeployment procedures applying to\npersons to whom this subclause applies) to find suitable\nemployment in the Public Sector;\n\nSchedule 3 Savings and transitional provisions – Centralian College\nCharles Darwin University Act 2003 36\n(b) is to actively seek to find suitable employment in the Public\nSector; and\n(c) is not to refuse to accept employment in the Public Sector that\nthe Chief Executive Officer considers the person is capable of\nperforming and is competent and qualified to perform.\n(9) Subclause (8) ceases to apply on 30 June 2005.\n(10) If a person who applies under subclause (7) is re-appointed an\nemployee on or before 30 June 2005:\n(a) the person's employment as a member of the staff of the\nUniversity is, for the purposes of the Public Sector\nEmployment and Management Act 1993, to be taken to be\nemployment under that Act; and\n(b) for the purposes of the Public Sector Employment and\nManagement Act 1993 – subclause (1) is taken not to have\napplied to the person.\n(11) In this clause:\nChief Executive Officer means the Chief Executive Officer within\nthe meaning of the Public Sector Employment and Management\nAct 1993 of the Department.\nDepartment means the Department of Employment, Education and\nTraining.\nemployee means an employee within the meaning of the Public\nSector Employment and Management Act 1993.\nPublic Sector means the Public Sector within the meaning of the\nPublic Sector Employment and Management Act 1993.\n2 Property etc. of Centralian College\nOn the commencement of this Act, all property, rights and liabilities\nof Centralian College become the property, rights and liabilities of\nthe University.\n\nENDNOTES\nCharles Darwin University Act 2003 37\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\nbl = by-law om = omitted\nch = Chapter pt = Part\ndiv = Division r = regulation/rule\nexp = expires/expired renum = renumbered\nf = forms rep = repealed\nGaz = Gazette s = section\nhdg = heading sch = Schedule\nins = inserted sdiv = Subdivision\nlt = long title SL = Subordinate Legislation\nN/C = not commenced sub = substituted\n2 LIST OF LEGISLATION\nCharles Darwin University Act 2003 (Act No. 45, 2003)\nAssent date 29 August 2003\nCommenced s 51: 29 August 2003; rem: 5 November 2003 (Gaz G44,\n5 November 2003, p 3)\nStatute Law Revision Act (No. 2) 2004 (Act 54, 2004)\nAssent date 15 September 2004\nCommenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)\nCharles Darwin University Amendment Act 2005 (Act No. 31, 2005)\nAssent date 26 August 2005\nCommenced 30 September 2005 (Gaz G39, 28 September 2005, p 5)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 4, 11, 46, 47, 50 and\n51 and sch 2 and 3.\n\nENDNOTES\nCharles Darwin University Act 2003 38\n4 LIST OF AMENDMENTS\ns 3 amd No. 4, 2023, s 23\ns 9 amd No. 31, 2005, s 4\ns 10 amd No. 31, 2005, s 5\ns 10A ins No. 31, 2005, s 6\ns 11 amd No. 31, 2005, s 7\ns 32 amd No. 4, 2017, s 34\ns 38 amd No. 31, 2005, s 8\ns 46 amd No. 4, 2007, s 7\ns 47 amd No. 4, 2007, s 7; No. 28, 2021, s 20\ns 52 amd No. 54, 2004, s 7","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act replaces the Northern Territory University framework by continuing it as Charles Darwin University (s 4) and repealing earlier Acts (s 49). It absorbs Centralian College (s 50, sch 3), sets a new governance composition and duties for the Council (ss 8–16, 9), and imposes updated financial, investment and reporting controls (ss 31–39) together with transitional arrangements for staff, assets and by‑laws (ss 51–52; schs 2–3)."},"complexity_factors":["Multiple governance bodies and roles with detailed appointment and election rules (Council, Chancellor, Vice‑Chancellor, Academic Board) (ss 9, 13–15, 20).","Statutory duties and conflict-of-interest rules for council members imposing fiduciary-like standards and removal procedures (s 10A, s 11, s 16).","Extensive financial regime: fee-setting, trust funds, investment common funds, borrowing powers and Treasurer oversight (ss 31, 34–38).","Audit, reporting and Treasurer/Auditor‑General involvement with strict timeframes and form requirements (ss 38–39).","Power to create controlled entities and expectations for governance, independence and Auditor‑General audits (s 40–41).","By‑laws and rules framework allowing delegated rule‑making and penalties, but excluded from certain subordinate legislation requirements (ss 46–48).","Delegation limits and formalities including written delegations and retention of primary powers (s 42).","Trust variation mechanism requiring Administrator approval and Gazette publication (s 36).","Transitional and savings provisions transferring staff, assets and pre‑existing by‑laws/rules from repealed legislation (ss 49–52, schs 2–3).","Interaction with external statutes and standards (eg, Corporations Act disqualification, Australian Accounting Standard 31 for controlled entities) (ss 11(1)(j), 41(2))."],"plain_english_summary":"This Act continues the Northern Territory University as Charles Darwin University and gives it corporate status and powers to teach, research, hold property and manage finances (ss 4–6, 31–39). It establishes a Council with specific appointment, duty and meeting rules to run the university (ss 8–16, 9).\n\nIt affects students, staff, alumni and related institutions (including Centralian College — s 50, sch 3) by authorising fees (s 31), by-laws and penalties (ss 46–48), financial reporting and audit obligations (ss 33, 38–39), and transitional arrangements (ss 49–52)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as an enabling statute establishing and governing Charles Darwin University. While it has been amended several times (as noted in the Endnotes), these amendments appear to be refinements rather than scope creep. The 2005 amendments added specific duties for Council members (s.10A) and refined governance structures, but did not expand the Act beyond its core purpose of establishing and operating the university. The absorption of Centralian College was part of the original 2003 intent (see s.50 and Schedule 3), not a later expansion."},"complexity_factors":["Moderate length (38 pages, 52 sections plus 3 schedules)","12 defined terms in the interpretation section (section 3)","Multiple cross-references between Parts (e.g., Council composition in s.9 referenced throughout Part 3)","Nested conditions in membership rules (e.g., s.9(4) requires financial expertise for some appointed members, s.10(3) has 12-year term limits with a two-thirds override in s.10(4))","Detailed transitional provisions in Schedules 2 and 3 preserving rights of former Northern Territory University and Centralian College staff","Specific procedural requirements for meetings (quorum of 8, s.17(4)) and delegation (must be in writing, s.42(7))","Complex trust variation powers (s.36) requiring Administrator approval via Gazette notice for changing purposes of gifts/bequests"],"plain_english_summary":"Charles Darwin University is created as a legal entity in the Northern Territory, continuing the former Northern Territory University and absorbing Centralian College. The Act defines CDU’s core functions (higher education, vocational training and research), its corporate powers (contracts, property, fees, donations, investments) and governance framework led by a Council and Vice‑Chancellor.\n\nIt affects CDU students, staff, government and external partners by setting decision‑making, accountability and operational rules for the university."}},"importantCases":[],"_links":{"self":"/api/acts/charles-darwin-university-act-2003","history":"/api/acts/charles-darwin-university-act-2003/history","analysis":"/api/acts/charles-darwin-university-act-2003/analysis","conflicts":"/api/acts/charles-darwin-university-act-2003/conflicts","importantCases":"/api/acts/charles-darwin-university-act-2003/important-cases","documents":"/api/acts/charles-darwin-university-act-2003/documents"}}