{"id":"flinders-university-act-1966","name":"Flinders University Act 1966","slug":"flinders-university-act-1966","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32103,"registerId":"sa-flinders-university-act-1966-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Flinders University Act 1966","content":"South Australia\nFlinders University Act 1966\nAn Act for the establishment and incorporation of a University to be known as Flinders University and for related purposes.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tEstablishment and incorporation\n3A\tReferences to Flinders University of South Australia in Acts etc\n4\tFunctions of the University\n4A\tDeclaration of logo and official titles\n4B\tProtection of proprietary interests of University\n5\tCouncil\n6\tTerm of office\n7\tRemuneration of Council members\n16\tAppointment of Chancellor, Vice-Chancellor etc\n18\tConduct of business in Council\n18A\tDuty of Council members to exercise care and diligence etc\n18B\tDuty of Council members to act in good faith etc\n18C\tDuty of Council members with respect to conflict of interest\n18D\tRemoval of Council members for contravention of section 18A, 18B or 18C\n18E\tCivil liability for contravention of section 18B or 18C\n19A\tDelegation\n20\tPower of Council to make statutes, regulations and by-laws\n21\tPower to confer awards\n27\tAnnual report\n28\tUniversity to be exempt from land tax\n29\tIndemnities\n30\tCreation and administration of trust funds and other funds\n31\tEstablishment of investment common funds\n32\tDistribution of income of investment common funds \n33\tCommissions etc\nLegislative history\nAppendix—Divisional penalties and expiation fees\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Flinders University Act 1966.\n2—Interpretation\nIn this Act, unless some other meaning is clearly intended—\nthe Academic Senate means—\n\t(a)\tthe body known as the Academic Senate of the University; or\n\t(b)\tif another body is prescribed by the regulations of the University for the purposes of this definition, that other body;\nacademic staff means—\n\t(a)\tthose employees of the University who are classified by the Council as members of the academic staff; and\n\t(b)\tsuch other persons, being persons who carry out academic functions at the University, as are classified by the Council as members of the academic staff;\nCouncil means the Council of the University;\ngeneral staff means those employees of the University who are classified by the Council as members of the general staff;\ngraduate means a person on whom the University has conferred an academic award, including an honorary award and an award conferred jointly with another body under section 21;\nlogo means a design (the copyright of which is vested in the University) declared under this Act to be a logo;\nofficial insignia means a logo, an official symbol or an official title;\nofficial symbol means a combination of a logo and an official title;\nofficial title means a name or title declared under this Act to be an official title;\npostgraduate student means a student enrolled at the University in a course designated by the Council as a postgraduate course;\nundergraduate student means a student enrolled at the University in a course other than 1 designated by the Council as a postgraduate course;\nUniversity means Flinders University established and incorporated under this Act;\nUniversity grounds means all land owned or occupied by the University or of which the University has the care, control and management.\nNote—\nFor definition of divisional penalties (and divisional expiation fees) see Appendix.\n3—Establishment and incorporation\n\t(1)\tFlinders University is established.\n\t(2)\tThe University consists of a Council, graduates, staff and students.\n\t(3)\tSubject to subsection (5), the University is a body corporate invested with full juristic capacity and unfettered discretion, subject to the laws of this State, to conduct its affairs in the manner it thinks fit.\n\t(4)\tThe University may exercise its powers within or outside the State (including outside Australia).\n\t(5)\tThe University must not alienate (except by way of lease for a term not exceeding 21 years), mortgage or charge land vested in or conveyed to the University on trust except with, and in accordance with any terms or conditions of, an approval given by the Governor.\n\t(6)\tTo avoid doubt, subsection (5) does not confer any power to alienate land contrary to the terms of a trust relating to the land.\n\t(7)\tThe University is not an instrumentality or agency of the Crown.\n3A—References to Flinders University of South Australia in Acts etc\n\t(1)\tA reference in any other Act, regulation, by‑law, instrument or document to The Flinders University of South Australia will, on the commencement of this clause, be taken to be a reference to Flinders University.\n\t(2)\tNothing in this clause limits the operation of section 4A or 4B.\n4—Functions of the University\nThe functions of the University include, within the limits of its resources—\n\t(a)\tthe provision of educational facilities at university standards for persons who being eligible to enrol seek the benefits of such facilities; and\n\t(b)\tthe establishment of such facilities as the University thinks desirable for providing courses of study, whether within the University or elsewhere, for evening students, giving instruction to and the examination of external students, and providing courses of study or instruction at such levels of attainment as the Council thinks appropriate to meet the special requirements of industry, commerce or any other section of the community; and\n\t(c)\tgenerally, the dissemination of knowledge and the promotion of scholarship.\n4A—Declaration of logo and official titles\n\t(1)\tThe Minister may, by notice in the Gazette, declare a design to be a logo in respect of the University.\n\t(2)\tThe Flinders University of South Australia and Flinders University are official titles.\n4B—Protection of proprietary interests of University\n\t(1)\tThe University has a proprietary interest in all official insignia.\n\t(2)\tA person must not, without the consent of the University, in the course of a trade or business—\n\t(a)\tuse a name in which the University has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or\n\t(b)\tsell goods marked with official insignia; or\n\t(c)\tuse official insignia for the purpose of promoting the sale of goods or services.\nMaximum penalty: $20 000.\n\t(3)\tA person must not, without the consent of the University, assume a name or description that consists of, or includes, official insignia.\nMaximum penalty: $20 000.\n\t(4)\tA consent under this section—\n\t(a)\tmay be given with or without conditions (including conditions requiring payment to the University); and\n\t(b)\tmust be given in writing addressed to the applicant for the consent; and\n\t(c)\tmay be revoked by the University for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.\n\t(5)\tThe Supreme Court may, on the application of the University, grant an injunction to restrain a breach of this section.\n\t(6)\tThe court by which a person is convicted of an offence against this section may, on the application of the University, order the convicted person to pay compensation of an amount fixed by the court to the University.\n\t(7)\tSubsections (5) and (6) do not derogate from any civil remedy that may be available to the University apart from those subsections.\n5—Council\n\t(1)\tThe Council has the powers, authorities, duties and functions conferred and imposed on the Council by or under this Act.\n\t(2)\tThe Council is the governing body of the University and has the following as its primary responsibilities:\n\t(a)\tappointing the Vice-Chancellor as the chief executive officer of the University, and monitoring his or her performance;\n\t(b)\tapproving the mission and strategic direction of the University, as well as the annual budget and business plan;\n\t(c)\toverseeing and reviewing the management of the University and its performance;\n\t(d)\testablishing policy and procedural principles, consistent with legal requirements and community expectations;\n\t(e)\tapproving and monitoring systems of control and accountability, including general overview of any entities controlled by the University (within the meaning of section 50AA of the Corporations Act 2001);\n\t(f)\toverseeing and monitoring the assessment and management of risk across the University, including commercial undertakings;\n\t(g)\toverseeing and monitoring the academic activities of the University;\n\t(h)\tapproving significant commercial activities of the University.\n\t(2a)\tThe Council must in all matters endeavour to advance the interests of the University.\n\t(3)\tThe Council will consist of the following members:\n\t(a)\tthe Chancellor and the Vice-Chancellor who will be members of the Council ex officio;\n\t(b)\tthe presiding member of the Academic Senate who will be a member of the Council ex officio or, if the Vice-Chancellor is the presiding member of the Academic Senate, a member of the Academic Senate who is a member of the academic staff of the University elected by the Academic Senate (but that person cannot be a student of the University);\n\t(d)\t8 persons appointed by the Council, on the recommendation of a selection committee (which consists of the Chancellor and 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council);\n\t(e)\tif the Council so determines, 1 person co-opted and appointed by the Council;\n\t(f)\t1 member of the academic staff, elected by the academic staff;\n\t(g)\t1 member of the general staff, elected by the general staff;\n\t(h)\t2 students of the University (not being persons in the full time employment of the University), 1 of whom must be a postgraduate student and 1 of whom must be an undergraduate student, appointed or elected in a manner determined by the Council.\n\t(3a)\tWhere a person is appointed to the Council, the appointing authority must recognise that the Council is, as far as practicable, to be constituted of equal numbers of men and women who—\n\t(a)\thave a commitment to education and, in particular, to higher education; and\n\t(b)\thave an understanding of, and commitment to, the principles of equal opportunity and social justice and, in particular, to access and equity in education.\n\t(3b)\tOf the members of the Council appointed on the recommendation of the selection committee, at least 2 must have financial management expertise and at least 1 must have commercial expertise (demonstrated by relevant qualifications or relevant experience at a senior level in the public or private sector).\n\t(3c)\tA member of the academic or general staff or student of the University is not eligible to be appointed to the Council by the Council.\n\t(3d)\tA selection committee established for the purpose of making an appointment under subsection (3)(d) cannot recommend 1 of their number for appointment.\n\t(4)\tA member of the Council is not, in the exercise of his or her powers or functions as such, subject to the direction of any person or body of persons.\n6—Term of office\n\t(1)\tSubject to subsection (5a), a member appointed to the Council by the Council will be appointed for a term of 2 or 4 years to be determined—\n\t(a)\tin the case of a member appointed on the recommendation of a selection committee—by that selection committee; and\n\t(b)\tin the case of a member co-opted and appointed by the Council—by the Council.\n\t(2)\tA person elected by the Academic Senate to the Council will be elected for a term of 2 years.\n\t(3)\tA member of the academic or general staff of the University elected to the Council will be elected for a term of 2 years.\n\t(4)\tA student of the University appointed or elected to the Council will be appointed or elected for a term of 2 years.\n\t(5)\tSubject to subsection (5a), at the expiration of a term of office, a member appointed or elected to the Council is eligible for reappointment or re-election.\n\t(5a)\tA person may not, except by resolution of the Council, be appointed or elected as a member of the Council if the appointment or election (as the case requires) would result in the person being a member of the Council for more than 12 years.\n\t(6)\tSubject to this section, the Council may remove an appointed or elected member of the Council from office for—\n\t(a)\tmental or physical incapacity to carry out official duties satisfactorily; or\n\t(b)\tfailing, without reasonable excuse, to comply with the Council's requirements in relation to attendance at Council meetings; or\n\t(c)\tconviction of an indictable offence; or\n\t(d)\tserious misconduct.\n\t(6a)\tAn appointed or elected member of the Council may only be removed under subsection (6)(d) by resolution passed by at least a two-thirds majority of the members of the Council.\n\t(7)\tThe office of an appointed or elected member becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed or re-elected; or\n\t(c)\tdoes not continue in the capacity in which he or she was appointed or elected to membership of the Council (unless the date of the next appointment or election to his or her office is within 3 months from the date on which the member ceased to continue in the capacity in which he or she was appointed or elected); or\n\t(d)\tresigns by notice in writing addressed to the Chancellor; or\n\t(e)\tis removed from the office by the Council under subsection (6); or\n\t(f)\tis disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth.\n\t(8)\tIf a member of the Council is appointed by the Council to the office of Chancellor or Vice-Chancellor, a casual vacancy occurs in the office held by that member.\n\t(9)\tOn the office of an appointed or elected member of the Council becoming vacant under this section, a person must be appointed or elected, as the case may require, to the vacant office in accordance with this Act.\n\t(10)\tSubject to this Act, a member appointed or elected to fill a casual vacancy in the membership of the Council holds office for the balance of the term of his or her predecessor.\n\t(11)\tAn act or decision of the Council is not invalid by reason only of a vacancy in its membership or on the ground of any defect in the appointment of a member.\n7—Remuneration of Council members\n\t(1)\tThe Council may, from time to time, determine that a member of the Council be remunerated.\n\t(2)\tA determination under subsection (1) may fix different amounts of remuneration for different members of the Council according to the office held by the member or any other factor the Council considers relevant.\n\t(3)\tThe regulations may make further provision in relation to a determination under subsection (1), including prescribing circumstances in which the Council may not determine to remunerate a member of the Council.\n\t(4)\tSection 18C does not apply in relation to the making of a determination under this section.\n16—Appointment of Chancellor, Vice-Chancellor etc\n\t(1)\tThe Council must appoint a Chancellor whenever a vacancy occurs in that office by death, resignation, expiration of tenure or otherwise, and must appoint a Vice-Chancellor whenever a vacancy occurs in that office by death, resignation, expiration of tenure or otherwise.\n\t(1a)\tThe Vice-Chancellor is the principal academic and chief executive officer of the University and is responsible to the Council for the academic standards, management and administration of the University.\n\t(2)\tThe Council may appoint no more than 2 Pro-Chancellors or Deputy Chancellors and such number of Pro-Vice-Chancellors or Deputy Vice-Chancellors as the Council thinks appropriate.\n\t(3)\tThe Council may appoint a member of the Council or any other suitable person to the office of Chancellor for a term of 4 years on terms and conditions fixed by the Council.\n\t(3a)\tAn employee or student of the University is not eligible for appointment to the office of Chancellor.\n\t(3b)\tA person who holds office as Chancellor is, on the expiration of a term of office, eligible for reappointment.\n\t(4)\tSubject to subsection (5), the Vice-Chancellor holds office on such terms and conditions and at such salary as the Council from time to time determines.\n\t(5)\tAny alteration made by the Council in the salary or the terms and conditions of the service of the Vice-Chancellor will not, unless the Vice-Chancellor in office at the time of the alteration consents, have effect until his or her term of office has expired or otherwise determined.\n\t(6)\tA Pro-Chancellor, a Deputy Chancellor, a Pro‑Vice-Chancellor or a Deputy Vice-Chancellor holds office on such terms and conditions as the Council may from time to time determine.\n18—Conduct of business in Council\n\t(1)\tA question that comes before a meeting of the Council will be decided by the majority of members present at the meeting and voting on the question.\n\t(2)\tThe person presiding at a meeting of the Council has a vote and, in the case of an equality of votes, a casting vote.\n\t(3)\tA quorum of the Council is constituted by one half of the total number of members of the Council (ignoring any fraction resulting from the division) plus 1, and no business may be transacted at a meeting of the Council unless a quorum is present.\n\t(4)\tThe Chancellor or, in his or her absence a member of the Council elected by those present, will preside at meetings of the Council.\n18A—Duty of Council members to exercise care and diligence etc\nA member of the Council must at all times in the performance of his or her functions—\n\t(a)\texercise a reasonable degree of care and diligence; and\n\t(b)\tact in the best interest of the University.\n18B—Duty of Council members to act in good faith etc\n\t(1)\tA member of the Council must at all times act in good faith, honestly and for a proper purpose in the performance of the functions of his or her office, whether within or outside the State.\n\t(2)\tA member of the Council must not improperly use his or her position to gain an advantage for himself or herself or another person, whether within or outside the State.\n\t(3)\tSubsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the interest of the University.\n18C—Duty of Council members with respect to conflict of interest\n\t(1)\tA member of the Council who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Council—\n\t(a)\tmust, as soon as is reasonably practicable, disclose in writing to the Council full and accurate details of the interest; and\n\t(b)\tmust not take part in any discussion by the Council relating to that matter; and\n\t(c)\tmust not vote in relation to that matter; and\n\t(d)\tmust be absent from the meeting room when any such discussion or voting is taking place.\n\t(2)\tA member of the Council will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the member has an interest in the matter that is shared in common with staff members, graduates or students of the University generally, or with a substantial number of staff members, graduates or students of the University.\n\t(3)\tIf a member of the Council makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract—\n\t(a)\tthe contract is not liable to be avoided by the University; and\n\t(b)\tthe member of the Council is not liable to account to the University for profits derived from the contract.\n\t(4)\tIf a member of the Council fails to make a disclosure of interest or fails to comply with any other requirement of subsection (1) in respect of a proposed contract, the contract is liable to be avoided by the University.\n\t(5)\tA contract may not be avoided under subsection (4) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention.\n\t(6)\tIf a member of the Council has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her duties as a member of the Council, the member must, as soon as is reasonably practicable, disclose in writing to the Council full and accurate details of the interest or office.\n\t(7)\tA disclosure under this section must be recorded in the minutes of the Council.\n\t(8)\tWithout limiting the effect of this section, a member of the Council will be taken to have an interest in a matter for the purposes of this section if a relative of the member has an interest in the matter.\n\t(9)\tThis section does not apply in relation to a matter in which a member of the Council has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.\n\t(10)\tIn this section—\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nrelative of a member means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the member;\nspouse—a person is the spouse of another if they are legally married.\n18D—Removal of Council members for contravention of section 18A, 18B or 18C\nNon-compliance by a member of the Council with a duty imposed under section 18A, 18B or 18C will be taken to be serious misconduct and a ground for removal of the member from office.\n18E—Civil liability for contravention of section 18B or 18C\nIf a person who is a member of the Council or a former member of the Council is guilty of a contravention of section 18B or 18C, the University may recover from the person by action in a court of competent jurisdiction—\n\t(a)\tif the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and\n\t(b)\tif the University suffered loss or damage as a result of the contravention—compensation for the loss or damage.\n19A—Delegation\n\t(1)\tThe Council may delegate any of its powers or functions under this Act to—\n\t(a)\ta member of the Council; or\n\t(b)\tan employee of the University; or\n\t(c)\tthe holder of a particular office or position in the University; or\n\t(d)\tany committee of the Council or the University.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the Council to act in any matter; and\n\t(d)\tis revocable at will by the Council.\n\t(3)\tA power or function delegated under this section to the Vice‑Chancellor, or to a committee of the Council or the University, may, if the instrument of delegation so provides, be further delegated.\n20—Power of Council to make statutes, regulations and by-laws\n\t(1)\tThe Council has full power to make, alter and repeal any statutes and regulations (so far as they are not repugnant to any existing law or to the provisions of this Act) for any of the following purposes, namely:\n\t(a)\tany election; and\n\t(b)\tthe discipline of the University; and\n\t(c)\tthe number, remuneration and manner of appointment and dismissal of the members of the academic and general staff, examiners and officers of the University; and\n\t(d)\tthe matriculation of students; and\n\t(e)\texaminations for fellowships, scholarships, prizes, exhibitions, degrees, honours, diplomas or other awards, and the granting of any such award; and\n\t(f)\tthe fees to be charged for matriculation, or for any examination, degree, diploma or other award, for attendance at lectures or classes and for any other purpose authorised by this Act; and\n\t(g)\tlectures or classes; and\n\t(h)\tthe manner and time of convening the meetings of the Council; and\n\t(i)\tthe constitution of any degree, diploma or other award; and\n\t(j)\tthe admission, without examination, to degrees, diplomas or other awards which the University has power to confer, of persons who have graduated at any other university; and\n\t(k)\tresidential accommodation for students; and\n\t(l)\tthe affiliation to or connection with the University of a college or educational establishment with the consent of the governing body of any such college or educational establishment, the licensing and supervision of boarding houses intended for the reception of students, and the revocation of any such licence, except that no statute or regulation made under this paragraph may affect the religious observances or regulations enforced in any such college, educational establishment or boarding house; and\n\t(m)\tthe constitution of such boards and committees as are considered necessary to carry out the general purposes of this Act; and\n\t(n)\tin general, all other matters whatsoever regarding the University.\n\t(3)\tA statute or regulation made under this section must be submitted to the Governor for allowance.\n\t(3a)\tA statute or regulation, on being allowed by the Governor, is binding on the whole body of the University.\n\t(4)\tThe Council may make by-laws not inconsistent with this Act for all or any of the following purposes:\n\t(a)\tto prohibit persons from trespassing on the University grounds; and\n\t(b)\tto prevent damage to the University grounds and any fixtures, chattels, trees, shrubs, bushes, flowers, gardens and lawns on or in those grounds; and\n\t(c)\tto regulate speed at which vehicles may be driven on the University grounds; and\n\t(d)\tto prohibit the dangerous or careless driving of vehicles on the University grounds; and\n\t(e)\tto prohibit the driving on the University grounds of vehicles the weight of which when laden exceeds the amount prescribed in the by-laws; and\n\t(f)\tto prescribe the route to be followed by traffic on roads, ways or tracks within the University grounds and the specific gates which may be used for the entrance and exit of vehicles and pedestrians and to require the observance of one-way traffic rules on specific roads, ways or tracks; and\n\t(g)\tto prohibit or regulate the parking, ranking, placing and arranging of vehicles on University grounds and to empower authorised persons to remove any vehicle from the University grounds without assigning any reason; and\n\t(h)\tgenerally to regulate traffic of all kinds on the University grounds; and\n\t(i)\tto prohibit disorderly conduct or indecent language by persons on the University grounds and to empower authorised persons to remove from those grounds persons guilty of disorderly conduct or indecent language while on those grounds; and\n\t(j)\tto prohibit, restrict or regulate the consumption of alcohol on the University grounds and the bringing of alcohol on to those grounds, and to empower authorised persons to remove from the University grounds any intoxicated person and to search the University grounds and vehicles on the grounds for alcohol and to seize any alcohol reasonably suspected of having been brought on to the University grounds contrary to any by-law; and\n\t(k)\tto empower the Council to confiscate any alcohol brought on to the University grounds contrary to any by-law; and\n\t(l)\tto prevent persons from climbing on fences or buildings or walking over gardens or lawns on the University grounds; and\n\t(m)\tto regulate the conduct of open air and indoor meetings held on the University grounds; and\n\t(n)\tto prevent the interruption of lectures or meetings by noise or unseemly behaviour on the University grounds whether in or outside of buildings and to prevent undue noise from motor vehicles on the University grounds; and\n\t(o)\tto prescribe fines not exceeding a division 10 fine for a contravention of any by-law; and\n\t(oa)\tto fix expiation fees, not exceeding a division 10 fee, for alleged offences against the by-laws; and\n\t(p)\tto empower the University to recover summarily compensation for any damage done to the University grounds; and\n\t(q)\tto prescribe all matters which are required by this Act to be prescribed by by‑law or are otherwise necessary or convenient for giving effect to this Act.\n\t(4a)\tThe Council may declare in a by-law that it applies only to a specified part of the University grounds, and the by-law will apply accordingly.\n\t(4b)\tThe Council may appoint a person to be an authorised person for the purposes of this section, and may, at will, revoke any such appointment.\n\t(5)\tNo by-law can be made—\n\t(a)\texcept at a meeting of the Council of which at least 14 days' prior notice in writing has been sent by post to each member of the Council specifying the by-laws intended to be proposed; and\n\t(b)\tunless a majority of all the members of the Council vote at the meeting in favour of the proposed by-law.\n\t(6)\tEach by-law—\n\t(a)\tmust be submitted to the Governor for confirmation and has no force until confirmed; and\n\t(b)\tmust be published in the Gazette at the expense of the University after confirmation; and\n\t(c)\tsubject to subsection (6a), takes effect from the day of publication or a later date fixed by the by-law; and\n\t(d)\tmust be laid before each House of Parliament within the first 14 sitting days of that House after publication.\n\t(6a)\tIf either House of Parliament passes a resolution disallowing a by-law and notice of the resolution has been given within 14 sitting days of that House after the by-law has been laid before it, the by-law immediately ceases to have any effect, but without affecting the validity or curing the invalidity of anything done or omitted in the meantime.\n\t(6b)\tSubsection (6a) applies even though all of the 14 sitting days, or some of them, do not occur in the same session of Parliament as the session in which the by-law is laid before the House.\n\t(6c)\tWhen a resolution has been passed under subsection (6a), notice of the resolution must as soon as practicable be published in the Gazette.\n\t(7)\tWhen a by-law has been confirmed by the Governor and published in the Gazette, all conditions precedent to the making of it will conclusively be taken to have been fulfilled.\n\t(8)\tThe Council must set out the substance of all its by-laws relating to traffic on a notice board at each entrance which leads directly from a road or street to the University grounds and is ordinarily used by vehicular traffic.\n\t(8a)\tFailure to comply with subsection (8) does not affect the validity or operation of a by‑law.\n\t(9)\tThe provisions of section 10 of the Subordinate Legislation Act 1978 do not apply to by-laws made under this Act.\n\t(10)\tA by-law under this Act cannot take away or restrict any liability, civil or criminal, arising under any provision of any other Act or at common law.\n\t(11)\tIn any proceedings for contravention of a by-law, the allegation in the complaint that a place was on the University grounds will, in the absence of proof to the contrary, be accepted as proof of the fact alleged.\n\t(12)\tWhere it is alleged that a student of the University has contravened a by-law under this Act, the Council may, instead of laying a complaint for the offence, direct that the student be charged with the contravention before a disciplinary body constituted by the Council and, if that disciplinary body finds the offence proved, it may punish the offender in accordance with the statute made by the Council prescribing the functions and powers of the disciplinary body.\n\t(13)\tIn any proceedings relating to an offence against a by-law—\n\t(a)\tan allegation in a complaint that a person named in the complaint was the owner of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary; and\n\t(b)\twhere it is proved that a vehicle was parked in the University grounds in contravention of a by-law it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle.\n21—Power to confer awards\n\t(1)\tThe University has power to confer on any person after examination and in accordance with the statutes and regulations of the University such degrees, diplomas or other awards as may be constituted by statute or regulation.\n\t(1a)\tThe power of the University to confer academic awards under subsection (1) includes the power to confer academic awards jointly with—\n\t(a)\tanother university; or\n\t(b)\ta registered training organisation; or\n\t(c)\tanother body specified in regulations made under subsection (4).\n\t(2)\tThe University has power, without examination, but in accordance with the statutes and regulations of the University, to admit to degrees, diplomas or other awards that the University has power to confer, persons who have graduated at any other university.\n\t(3)\tThe University has power to admit any person honoris causa to any degree, whether or not the person has graduated at a university.\n\t(4)\tThe Governor may, on the recommendation of the Council, make regulations for the following purposes:\n\t(a)\tspecifying a body for the purposes of subsection (1a);\n\t(b)\texcluding a registered training organisation from the ambit of the definition of registered training organisation.\n\t(5)\tIn this section—\nregistered training organisation has the same meaning as in the South Australian Skills Act 2008 but does not include a training organisation excluded from the ambit of this definition by regulations made under subsection (4).\n27—Annual report\n\t(1)\tThe Council must, not later than 30 June in each year, present to the Minister a report on the operation of the University during the year ending on the preceding 31 December.\n\t(2)\tThe report must include a copy of the audited accounts of the University, and of every statute and regulation of the University allowed by the Governor during the year ending on the preceding 31 December.\n\t(3)\tThe Minister must, within 12 sitting days of receiving a report under this section, cause a copy of the report to be laid before each House of Parliament.\n28—University to be exempt from land tax\nDespite any Act or law to the contrary, all land in respect of which the University, or any person as trustee for the University, would, but for this section, be liable to pay tax to the State of South Australia, is exempt from that tax.\n29—Indemnities\nThe University must indemnify and keep indemnified—\n\t(a)\teach member of the Council; and\n\t(b)\tany member of a committee constituted or appointed by resolution of the Council or by or under a statute or regulation; and\n\t(c)\tany member of the Academic Senate,\nagainst all actions or claims (whether arising during or after the term of office of that member) in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of any power or duty conferred or imposed—\n\t(d)\ton the Council, any committee or the Academic Senate; or\n\t(e)\ton any member or members of the Council, committee or the Academic Senate,\nby or under this Act.\n30—Creation and administration of trust funds and other funds\nSubject to this Act, the University may create and administer—\n\t(a)\ttrust funds; or\n\t(b)\tfunds for any other purpose.\n31—Establishment of investment common funds\n\t(1)\tThe University may establish 1 or more investment common funds for the collective investment of any trust funds and other funds held by or in the custody of the University.\n\t(2)\tWithout liability for breach of trust, the University may bring into or withdraw from any investment common fund the whole or any part of any trust fund or other fund held by or in the custody of the University.\n\t(3)\tSubsection (2) applies despite any direction to the contrary, whether express or implied, contained in the trust instrument.\n32—Distribution of income of investment common funds \n\t(1)\tSubject to subsection (2), the University must, in accordance with the instrument that established the investment common fund, periodically distribute income from each investment common fund among the funds participating in the pool.\n\t(2)\tFrom time to time, the University, if it considers it expedient to do so, may—\n\t(a)\tadd some portion of the income of each investment common fund to the capital of the common fund; or\n\t(b)\testablish a fund or funds as a provision against capital depreciation or reduction in income.\n33—Commissions etc\n\t(1)\tThe University may periodically deduct an amount (not exceeding an amount determined by the Council of the total funds under management as part of the common fund) as commission for the administration of a common fund.\n\t(2)\tDespite section 19A, the Council must not delegate the power to make a determination under subsection (1).\n\t(3)\tThe commission deducted under subsection (1) is to be received and accepted by the University or fund manager (as the case requires) as full payment for the costs of administration of the common fund.\n\t(4)\tThe University must not make any other charges on the trust fund in addition to the commission received under subsection (3) except in accordance with the trust instrument.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nThe Flinders University of South Australia Act 1966\nFlinders University of South Australia Act 1966\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1966\n23\n The Flinders University of South Australia Act 1966\n17.3.1966\n1.7.1966 (Gazette 12.5.1966 p1887)\n1966\n53\n The Flinders University of South Australia Act Amendment Act 1966\n3.11.1966\n3.11.1966\n1973\n70\n The Flinders University of South Australia Act Amendment Act 1973\n6.12.1973\n10.1.1974 (Gazette 20.12.1973 p3336)\n1985\n57\n The Flinders University of South Australia Act Amendment Act 1985\n30.5.1985\n5.12.1985 (Gazette 5.12.1985 p1690)\n1990\n65\n Statutes Amendment and Repeal (Merger of Tertiary Institutions) Act 1990\n13.12.1990\n1.1.1991 (Gazette 13.12.1990 p1755)\n1991\n57\n The Flinders University of South Australia (Joint Awards) Amendment Act 1991\n28.11.1991\n28.11.1991\n1992\n83\n The Flinders University of South Australia (Miscellaneous) Amendment Act 1992\n3.12.1992\n3.12.1992\n1994\n56\n The Flinders University of South Australia (Convocation) Amendment Act 1994\n22.9.1994\n22.9.1994\n1996\n34\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 17)—3.2.1997 (Gazette 19.12.1996 p1923)\n1996\n72\n Statutes Amendment (University Councils) Act 1996\n22.8.1996\nPt 2 & Sch 1 (cl 1)—1.1.1997 (Gazette 5.12.1996 p1812)\n1999\n33\n Financial Sector Reform (South Australia) Act 1999\n17.6.1999\nSch (item 25)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)\n1999\n88\n Statutes Amendment (Universities) Act 1999\n2.12.1999\nPt 2 (s 4)— 23.12.1999 (Gazette 23.12.1999 p3670)\n2005\n29\n Statutes Amendment (Universities) Act 2005\n7.7.2005\nPt 2 (ss 4—17) & Sch 1 (cl 1)—28.7.2005 (Gazette 28.7.2005 p2524)\n2006\n43\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 38 (s 111)—1.6.2007 (Gazette 26.4.2007 p1352)\n2017\n39\n Statutes Amendment (Universities) Act 2017\n10.10.2017\nPt 2 (ss 3—14) & Sch 1 (cl 1)—10.10.2017\n2019\n32\n Flinders University (Remuneration of Council Members) Amendment Act 2019\n21.11.2019\n21.11.2019\n2020\n40\n Training and Skills Development (Miscellaneous) Amendment Act 2020\n19.11.2020\nSch 1 (cl 5)—1.7.2021 (Gazette 24.6.2021 p2260)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 4 of The Public General Acts of South Australia 1837-1975 at page 248.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\namended by 39/2017 s 14\n10.10.2017\ns 1\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\namended by 29/2005 s 4\n28.7.2005\n\namended by 39/2017 s 3\n10.10.2017\ns 2\n\n\nthe Academic Senate\ninserted by 72/1996 s 4\n1.1.1997\nacademic staff\nsubstituted by 83/1992 s 2(a)\n3.12.1992\nancillary staff\ndeleted by 57/1985 s 3(a)\n5.12.1985\nConvocation\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 29/2005 s 5(1)\n28.7.2005\nCouncil\namended by 56/1994 s 6 (Sch)\n22.9.1994\ngeneral staff\ninserted by 57/1985 s 3(b)\n5.12.1985\n\nsubstituted by 83/1992 s 2(b)\n3.12.1992\ngraduate\ninserted by 65/1990 s 46\n1.1.1991\n\nsubstituted by 29/2005 s 5(2)\n28.7.2005\nlogo\ninserted by 29/2005 s 5(3)\n28.7.2005\nofficial insignia\ninserted by 29/2005 s 5(3)\n28.7.2005\nofficial symbol\ninserted by 29/2005 s 5(3)\n28.7.2005\nofficial title\ninserted by 29/2005 s 5(3)\n28.7.2005\npost-graduate student\nsubstituted by 83/1992 s 2(c)\n3.12.1992\nundergraduate student\nsubstituted by 83/1992 s 2(c)\n3.12.1992\nUniversity\namended by 39/2017 s 4\n10.10.2017\nUniversity grounds\ninserted by 83/1992 s 2(c)\n3.12.1992\nUniversity grounds (second occurring)\ndeleted by 56/1994 s 6 (Sch)\n22.9.1994\ns 3\n\n\ns 3(1)\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\n\namended by 39/2017 s 5\n10.10.2017\ns 3(2)\namended by 57/1985 s 4\n5.12.1985\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\namended by 29/2005 s 6(1)\n28.7.2005\ns 3(3) and (4)\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\nsubstituted by 29/2005 s 6(2)\n28.7.2005\ns 3(5)—(7)\ninserted by 29/2005 s 6(2)\n28.7.2005\ns 3A\ninserted by 39/2017 s 6\n10.10.2017\ns 4\namended by 56/1994 s 6 (Sch)\n22.9.1994\nss 4A and 4B\ninserted by 29/2005 s 7\n28.7.2005\ns 5\n\n\ns 5(1)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 5(2)\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\n\nsubstituted by 72/1996 s 5\n1.1.1997\n\nsubstituted by 29/2005 s 8(1)\n28.7.2005\ns 5(2a)\ninserted by 29/2005 s 8(2)\n28.7.2005\ns 5(3)\namended by 57/1985 s 5\n5.12.1985\n\namended by 83/1992 s 3\n3.12.1992\n\namended by 56/1994 ss 2, 6 (Sch)\n22.9.1994\n\nsubstituted by 72/1996 s 5\n1.1.1997\n\n(c) deleted by 29/2005 s 8(3)\n28.7.2005\n\namended by 29/2005 s 8(4)\n28.7.2005\n\namended by 39/2017 s 7(1)—(4)\n10.10.2017\ns 5(3a)\ninserted by 72/1996 s 5\n1.1.1997\ns 5(3b)\ninserted by 72/1996 s 5\n1.1.1997\n\namended by 29/2005 s 8(5)\n28.7.2005\ns 5(3c) and (3d)\ninserted by 72/1996 s 5\n1.1.1997\ns 5(4)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 6\namended by 57/1985 s 6\n5.12.1985\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\nsubstituted by 72/1996 s 6\n1.1.1997\ns 6(1)\namended by 29/2005 s 9(1)\n28.7.2005\ns 6(4)\namended by 39/2017 s 8\n10.10.2017\ns 6(5)\namended by 29/2005 s 9(2)\n28.7.2005\ns 6(5a)\ninserted by 29/2005 s 9(3)\n28.7.2005\ns 6(6)\namended by 29/2005 s 9(4)\n28.7.2005\ns 6(6a)\ninserted by 29/2005 s 9(5)\n28.7.2005\ns 6(7)\namended by 29/2005 s 9(6)\n28.7.2005\ns 7\namended by 57/1985 s 7\n5.12.1985\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 6\n1.1.1997\n\ninserted by 32/2019 s 3\n21.11.2019\ns 8\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 6\n1.1.1997\ns 9\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 6\n1.1.1997\ns 9A\ninserted by 83/1992 s 4\n3.12.1992\n\ndeleted by 72/1996 s 6\n1.1.1997\ns 10\namended by 57/1985 s 8\n5.12.1985\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 6\n1.1.1997\ns 11\namended by 57/1985 s 9\n5.12.1985\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 6\n1.1.1997\ns 12\namended by 57/1985 s 10\n5.12.1985\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 6\n1.1.1997\ns 13\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 6\n1.1.1997\ns 14\namended by 83/1992 s 5\n3.12.1992\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 6\n1.1.1997\ns 15\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 6\n1.1.1997\ns 16\n\n\ns 16(1)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 16(1a)\ninserted by 29/2005 s 10(1)\n28.7.2005\ns 16(2)\namended by 57/1985 s 11\n5.12.1985\n\nsubstituted by 83/1992 s 6(a)\n3.12.1992\n\namended by 29/2005 s 10(2)\n28.7.2005\ns 16(3)\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\nsubstituted by 72/1996 s 7\n1.1.1997\ns 16(3a) and (3b)\ninserted by 72/1996 s 7\n1.1.1997\ns 16(4) and (5)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 16(6)\namended by 83/1992 s 6(b)\n3.12.1992\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\namended by 29/2005 s 10(3)\n28.7.2005\ns 17\namended by 65/1990 s 47\n1.1.1991\n\nsubstituted by 56/1994 s 3\n22.9.1994\n\ndeleted by 29/2005 s 11\n28.7.2005\ns 18\n\n\ns 18(1)\nsubstituted by 83/1992 s 7(a)\n3.12.1992\n\namended by 56/1994 s 4(a)\n22.9.1994\ns 18(2)\nsubstituted by 56/1994 s 4(b)\n22.9.1994\ns 18(3)\nsubstituted by 83/1992 s 7(b)\n3.12.1992\n\namended by 56/1994 s 4(c)\n22.9.1994\n\nsubstituted by 72/1996 s 8\n1.1.1997\n\namended by 39/2017 s 9\n10.10.2017\ns 18(4)\nsubstituted by 57/1985 s 12\n5.12.1985\n\nsubstituted by 56/1994 s 4(d)\n22.9.1994\n\nsubstituted by 72/1996 s 8\n1.1.1997\ns 18(5)\ninserted by 57/1985 s 12\n5.12.1985\n\ndeleted by 56/1994 s 4(e)\n22.9.1994\nss 18A and 18B\ninserted by 29/2005 s 12\n28.7.2005\ns 18C\n\n\ns 18C(8)\namended by 43/2006 s 111(1)\n1.6.2007\ns 18C(10)\nsubstituted by 43/2006 s 111(2)\n1.6.2007\nss 18D and 18E\ninserted by 29/2005 s 12\n28.7.2005\ns 19\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 72/1996 s 9\n1.1.1997\ns 19A before substitution by 39/2017\n\n\ns 19A(1)\namended by 57/1985 s 13 \n5.12.1985\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 19A(2)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 19A\nsubstituted by 39/2017 s 10\n10.10.2017\ns 20\n\n\ns 20(1)\namended by 65/1990 s 48\n1.1.1991\n\namended by 57/1991 s 2(a)\n28.11.1991\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\namended by 29/2005 s 13\n28.7.2005\ns 20(2)\namended by 57/1985 s 14(a)\n5.12.1985\n\nsubstituted by 83/1992 8(a)\n3.12.1992\n\ndeleted by 56/1994 s 5\n22.9.1994\ns 20(3)\namended by 57/1991 s 2(b)\n28.11.1991\n\namended by 83/1992 s 8(b)\n3.12.1992\n\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(3a)\ninserted by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(4)\ns 20(4)(i) amended by 57/1985 s 14(b)\n5.12.1985\n\ns 20(4)(i) amended and redesignated as s 20(4) by 56/1994 s 6 (Sch)\n22.9.1994\n\namended by 34/1996 s 4 (Sch cl 17)\n3.2.1997\ns 20(4a)\ns 20(4)(ii) deleted and s 20(4a) inserted in its place by 56/1994 s 6 (Sch)\n22.9.1994\n\ns 20(4)(iii) deleted by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(4b)\ns 20(4)(iv) amended and redesignated as s 20(4b) by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(5)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(6)\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(6a)—(6c)\ninserted by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(7)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(8)\ns 20(8)(i) amended and redesignated as s 20(8) by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(8a)\ns 20(8)(ii) deleted and s 20(8a) inserted in its place by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(9)—(11)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(12)\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(13)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 20(14)\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 34/1996 s 4 (Sch cl 17)\n3.2.1997\ns 20(15)\ndeleted by 56/1994 s 6 (Sch)\n22.9.1994\ns 21\n\n\ns 21(1)\namended by 57/1991 s 3(a)\n28.11.1991\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 21(1a)\ninserted by 57/1991 s 3(b)\n28.11.1991\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\nsubstituted by 29/2005 s 14(1)\n28.7.2005\ns 21(2)\namended by 57/1991 s 3(c)\n28.11.1991\n\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 21(3)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 21(4)\ninserted by 29/2005 s 14(2)\n28.7.2005\ns 21(5)\ninserted by 29/2005 s 14(2)\n28.7.2005\nregistered training organisation\namended by 40/2020 Sch 1 cl 5\n1.7.2021\ns 22\ndeleted by 57/1985 s 15\n5.12.1985\ns 23\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 29/2005 s 15\n28.7.2005\ns 24\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 88/1999 s 4\n23.12.1999\ns 25\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\ndeleted by 29/2005 s 16\n28.7.2005\ns 26 before deletion by 29/2005\n\n\ns 26(1)\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\namended by 33/1999 Sch (item 25)\n1.7.1999\ns 26(2)\namended by 56/1994 s 6 (Sch)\n22.9.1994\ns 26\ndeleted by 29/2005 s 16\n28.7.2005\ns 27\namended by 56/1994 s 6 (Sch)\n22.9.1994\n\nsubstituted by 39/2017 s 11\n10.10.2017\ns 28\nsubstituted by 56/1994 s 6 (Sch)\n22.9.1994\ns 29\ndeleted by 56/1994 s 6 (Sch)\n22.9.1994\n\ninserted by 29/2005 s 17\n28.7.2005\n\nsubstituted by 39/2017 s 12\n10.10.2017\ns 30\namended by 57/1985 s 16\n5.12.1985\n\nsubstituted by 65/1990 s 49\n1.1.1991\n\ndeleted by 56/1994 s 6 (Sch)\n22.9.1994\nss 30—33\ninserted by 39/2017 s 13\n10.10.2017\nTransitional etc provisions associated with Act or amendments\nThe Flinders University of South Australia (Convocation) Amendment Act 1994\n7—Transitional provision—Council membership\n\t(1)\tOn the commencement of this Act, a person appointed to the Convocation under section 17(1)(b) (as in force immediately before that commencement) ceases to be a member of the Convocation.\n\t(2)\tSubsection (1) does not affect the current term of office of a member of the Council who was elected to office by the Convocation before 1 January 1994.\nStatutes Amendment (University Councils) Act 1996, Sch 1—Transitional provisions\n1\tThe offices of the appointed and elected members of the Council of the Flinders University of South Australia are vacated on the commencement of Part 2 of this Act.\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nStatutes Amendment (Universities) Act 2005, Sch 1—Transitional provisions\n1—Council members\nA member of the Council holding office under section 5(3)(c) of The Flinders University of South Australia Act 1966 immediately before the commencement of this clause will, subject to that Act as amended by this Act, continue to hold office until the expiration of his or her term of office as if he or she were a student appointed or elected under section 5(3)(h) of that Act.\nStatutes Amendment (Universities) Act 2017, Sch 1—Transitional provisions\n1—Certain members of Council of Flinders University to continue to hold office for remainder of term\n\t(1)\tA member of the Council who, immediately before the commencement of section 7 of this Act, held office under section 5(3)(d), (f), (g) or (h) of the Flinders University of South Australia Act 1966, will continue to hold office until—\n\t(a)\tthey are removed from office under that Act; or\n\t(b)\tthe completion of their term of office,\nwhichever occurs first.\n\t(2)\tTo avoid doubt, nothing in this clause affects the operation of section 6(5) of the Flinders University Act 1966.\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—28.11.1991\n\nReprint No 3—3.12.1992\n\nReprint No 4—22.9.1994\n\nReprint No 5—1.1.1997\n\nReprint No 6—3.2.1997\n\nReprint No 7—1.7.1999\n\nReprint No 8—23.12.1999\n\n28.7.2005\n\n1.6.2007\n\n10.10.2017\n\n21.11.2019\n\nAppendix—Divisional penalties and expiation fees\nAt the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:\n\nDivision\nMaximum imprisonment\nMaximum fine\nExpiation fee\n1\n15 years\n$60 000\n—\n2\n10 years\n$40 000\n—\n3\n7 years\n$30 000\n—\n4\n4 years\n$15 000\n—\n5\n2 years\n$8 000\n—\n6\n1 year\n$4 000\n$300\n7\n6 months\n$2 000\n$200\n8\n3 months\n$1 000\n$150\n9\n–\n$500\n$100\n10\n–\n$200\n$75\n11\n–\n$100\n$50\n12\n–\n$50\n$25\nNote: This appendix is provided for convenience of reference only.","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was retrieved. The page returned was an error message, not the Flinders University Act 1966. A broken hyperlink from before 24 March 2026 appears to be the cause."},"complexity_factors":["No actual legislative text was provided — only a 404 error page from the SA legislation website","Cannot assess complexity of the Act itself without access to its provisions","The complexity score reflects the content actually received, not the Act's inherent complexity"],"plain_english_summary":"**The content you've provided isn't the actual legislation — it's a 'Page Not Found' error from the South Australian legislation website.**\n\nThe URL or link used to retrieve the *Flinders University Act 1966* (SA) is no longer working, likely due to a website update on 24 March 2026 that broke older bookmarks and hyperlinks.\n\n**What we can tell you about the Act generally:**\nThe *Flinders University Act 1966* is the founding legislation that established Flinders University in South Australia. It sets out the university's legal existence, governance structure (including the Council as its governing body), the roles of key officers (like the Chancellor and Vice-Chancellor), and the university's powers and functions. It affects students, staff, and the university as an institution.\n\n**To access the actual text**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for 'Flinders University Act 1966' directly."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1966 purpose of simply establishing a university. Major expansions include: (1) detailed corporate governance provisions added in 1996 and 2005 (sections 18A-18E on director duties, conflict of interest, and liability) mirroring corporate law standards; (2) intellectual property protection for University branding added in 2005 (sections 4A-4B); (3) investment and fund management powers added in 2017 (sections 30-33); (4) removal of the Convocation (a broader membership body) in 2005, concentrating governance in the Council; and (5) modern accountability requirements like risk oversight and commercial activity monitoring (section 5(2)). The Act has transformed from a simple establishment statute into a comprehensive corporate governance and asset management framework."},"complexity_factors":["Moderate length (33 sections plus appendix) with significant legislative history showing multiple amendments since 1966","14 defined terms in the interpretation section (section 2), including nested definitions (e.g., 'official insignia' depends on 'logo', 'official symbol', and 'official title')","Cross-references to external legislation including the Corporations Act 2001 (Cth), Family Relationships Act 1975 (SA), South Australian Skills Act 2008, and Acts Interpretation Act 1915","Conditional logic in Council composition rules (section 5(3)) with multiple categories of members and eligibility exclusions (sections 5(3c), 5(3d), 16(3a))","Nested exceptions and safeguards in conflict of interest provisions (section 18C) including exceptions for shared interests (subsection 2), protection for disclosed interests (subsection 3), and good faith purchaser protections (subsection 5)","Multi-layered rule-making hierarchy: statutes, regulations, and by-laws with different approval requirements (Governor allowance for statutes/regulations; Governor confirmation and parliamentary disallowance for by-laws)","Transitional provisions in the legislative history that modify operation of current provisions","Specific procedural requirements for by-laws (14 days notice, majority of all members, Gazette publication, parliamentary laying)"],"plain_english_summary":"This Act creates Flinders University as an independent legal entity and sets out how it is governed.\n\n**What it does:**\n- **Establishes the University**: Flinders University is created as a body corporate (a legal entity) with its own legal personality, meaning it can own property, enter contracts, and sue or be sued in its own name.\n- **Sets up governance**: The University is run by a **Council** (the governing body) made up of the Chancellor, Vice-Chancellor, staff representatives, student representatives, and external appointees. The Council appoints the Vice-Chancellor as the chief executive officer and oversees the University's strategic direction, finances, and academic standards.\n- **Protects the University's brand**: The Act gives the University exclusive rights to its name, logos, and official titles. Others cannot use these for commercial purposes without permission, with penalties up to $20,000 for breaches.\n- **Allows the University to make rules**: The Council can create **statutes** (major rules), **regulations** (subordinate rules requiring Governor approval), and **by-laws** (campus conduct rules like parking and alcohol restrictions). By-laws must be confirmed by the Governor and can be disallowed by Parliament.\n- **Confers degrees**: The University has the power to award degrees, diplomas, and other qualifications, including joint awards with other institutions.\n- **Sets duties for Council members**: Members must act with care and diligence, in good faith, and avoid conflicts of interest. Breaches can lead to removal and personal liability.\n- **Manages funds**: The University can create trust funds and investment pools (common funds) to manage donations and investments collectively.\n- **Provides exemptions and protections**: The University is exempt from land tax and must indemnify (protect from legal costs) Council members and others acting in good faith.\n\n**Who it affects:**\n- Students, staff, and graduates of Flinders University\n- Members of the University Council and senior officers\n- Anyone doing business with or on behalf of the University\n- Members of the public on University grounds (subject to by-laws)\n\n**Why it matters:**\nThis Act is the constitutional foundation of Flinders University. It determines who controls the University, how decisions are made, how the University can use its property and money, and what protections exist for its reputation. It balances University autonomy with accountability to the South Australian Government (through Governor oversight of certain decisions and parliamentary scrutiny of by-laws)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since 1966 through multiple amendments. Key additions include statutory duties and conflicts for Council members and civil recovery powers (2005 amendments, ss18A–18E), protection and licensing of official insignia and titles (2005, ss4A–4B), powers to create investment common funds and limit commissions (2017, ss30–33), rules enabling joint awards (s21) and updated Council composition and remuneration rules (1996, 2017, 2019). These changes broadened governance, financial management and commercial control functions beyond the original incorporative framework."},"complexity_factors":["Detailed governance architecture: composition, appointment, terms, removal and quorum rules for the Council (s5, s6, s18).","Statutory duties and conflict rules for Council members, with civil recovery and removal for breaches (ss18A–18E).","Extensive delegated rulemaking: power to make statutes, regulations and by‑laws subject to Governor allowance and parliamentary disallowance (s20).","Commercial and property constraints: restrictions on alienating certain land (s3(5)); land tax exemption (s28).","Intellectual property and trading controls with criminal penalties for unauthorised use of insignia (s4B).","Financial governance: creation and pooling of trust funds, investment common funds, commission limits and distribution rules (ss30–33).","Delegation and administrative discretion including revocable delegations and further sub‑delegation to Vice‑Chancellor/committees (s19A).","Cross‑references to external statutes and numerous historical amendments increasing interpretive complexity (Legislative history)."],"plain_english_summary":"This Act establishes and incorporates Flinders University and gives it corporate powers to run educational programs, manage property and funds, make statutes and by‑laws, appoint senior officers, and confer awards. It affects Council members (who decide strategy and face statutory duties and disclosure/conflict rules), staff and students (subject to Council rules and discipline), and third parties (who must not use the University's insignia or land without consent). It matters because it allocates decision‑making, regulatory powers, liabilities and commercial controls."}},"importantCases":[],"_links":{"self":"/api/acts/flinders-university-act-1966","history":"/api/acts/flinders-university-act-1966/history","analysis":"/api/acts/flinders-university-act-1966/analysis","conflicts":"/api/acts/flinders-university-act-1966/conflicts","importantCases":"/api/acts/flinders-university-act-1966/important-cases","documents":"/api/acts/flinders-university-act-1966/documents"}}