{"id":"qld:act-1998-003","name":"Griffith University Act 1998","slug":"griffith-university-act-1998","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"3 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104662,"registerId":"qld-act-1998-003-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Griffith University Act 1998 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"The university and its council","content":"# The university and its council","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"University establishment and general functions and powers","content":"## University establishment and general functions and powers","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Establishment of university","content":"### sec.4 Establishment of university\n\nThe Griffith University is established.\nThe university—\nis a body corporate; and\nhas a seal; and\nmay sue and be sued in its corporate name.\n(sec.4-ssec.1) The Griffith University is established.\n(sec.4-ssec.2) The university— is a body corporate; and has a seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has a seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Functions of university","content":"### sec.5 Functions of university\n\nThe university’s functions are—\nto provide education at university standard; and\nto provide facilities for study and research generally, and in particular, for people in the cities of Brisbane, Gold Coast and Logan; and\nto encourage study and research; and\nto encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and\nto provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community generally, and in particular, the people in the cities of Brisbane, Gold Coast and Logan; and\nto confer higher education awards; and\nto disseminate knowledge and promote scholarship; and\nto provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and\nto exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and\nto perform other functions given to the university under this or another Act.\ns 5 amd 2002 No. 75 s 44\n- (a) to provide education at university standard; and\n- (b) to provide facilities for study and research generally, and in particular, for people in the cities of Brisbane, Gold Coast and Logan; and\n- (ba) to encourage study and research; and\n- (c) to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and\n- (d) to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community generally, and in particular, the people in the cities of Brisbane, Gold Coast and Logan; and\n- (e) to confer higher education awards; and\n- (f) to disseminate knowledge and promote scholarship; and\n- (g) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and\n- (h) to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and\n- (i) to perform other functions given to the university under this or another Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"General powers of university","content":"### sec.6 General powers of university\n\nThe university has all the powers of an individual, and may, for example—\nenter into contracts; and\nacquire, hold, dispose of, and deal with property; and\nappoint agents and attorneys; and\nengage consultants; and\nfix charges, and other terms, for services and other facilities it supplies; and\ndo anything else necessary or convenient to be done for, or in connection with, its functions.\nWithout limiting subsection (1) , the university has the powers given to it under this or another Act.\nThe university may exercise its powers inside or outside Queensland.\nWithout limiting subsection (3) , the university may exercise its powers outside Australia.\n(sec.6-ssec.1) The university has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for, or in connection with, its functions.\n(sec.6-ssec.2) Without limiting subsection (1) , the university has the powers given to it under this or another Act.\n(sec.6-ssec.3) The university may exercise its powers inside or outside Queensland.\n(sec.6-ssec.4) Without limiting subsection (3) , the university may exercise its powers outside Australia.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants; and\n- (e) fix charges, and other terms, for services and other facilities it supplies; and\n- (f) do anything else necessary or convenient to be done for, or in connection with, its functions.","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Council establishment and general functions and powers","content":"## Council establishment and general functions and powers","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment of council","content":"### sec.7 Establishment of council\n\nThere is a council of the university.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions of council","content":"### sec.8 Functions of council\n\nThe council is the university’s governing body.\nThe council has the functions conferred on it under this or another Act.\n(sec.8-ssec.1) The council is the university’s governing body.\n(sec.8-ssec.2) The council has the functions conferred on it under this or another Act.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Powers of council","content":"### sec.9 Powers of council\n\nThe council may do anything necessary or convenient to be done for, or in connection with, its functions.\nWithout limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular—\nto appoint the university’s staff; and\nto manage and control the university’s affairs and property; and\nto manage and control the university’s finances.\n(sec.9-ssec.1) The council may do anything necessary or convenient to be done for, or in connection with, its functions.\n(sec.9-ssec.2) Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular— to appoint the university’s staff; and to manage and control the university’s affairs and property; and to manage and control the university’s finances.\n- (a) to appoint the university’s staff; and\n- (b) to manage and control the university’s affairs and property; and\n- (c) to manage and control the university’s finances.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Council to promote university’s interests","content":"### sec.10 Council to promote university’s interests\n\nThe council must act in the way that appears to it most likely to promote the university’s interests.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Delegation","content":"### sec.11 Delegation\n\nThe council may delegate its powers under this Act to—\nan appropriately qualified member of the council; or\nan appropriately qualified committee that includes 1 or more members of the council; or\nan appropriately qualified member of the university’s staff.\nHowever, the council may not delegate its power—\nto make an election policy; or\nto adopt the university’s annual budget.\nA delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.\ns 11 amd 2017 No. 36 s 14 ; 2017 No. 36 s 106\n(sec.11-ssec.1) The council may delegate its powers under this Act to— an appropriately qualified member of the council; or an appropriately qualified committee that includes 1 or more members of the council; or an appropriately qualified member of the university’s staff.\n(sec.11-ssec.2) However, the council may not delegate its power— to make an election policy; or to adopt the university’s annual budget.\n(sec.11-ssec.3) A delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.\n- (a) an appropriately qualified member of the council; or\n- (b) an appropriately qualified committee that includes 1 or more members of the council; or\n- (c) an appropriately qualified member of the university’s staff.\n- (a) to make an election policy; or\n- (b) to adopt the university’s annual budget.","sortOrder":14},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Council membership","content":"## Council membership","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Membership of council","content":"### sec.12 Membership of council\n\nThe council consists of official members, appointed members, elected members and additional members.\ns 12 sub 2005 No. 18 s 29","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Official members","content":"### sec.13 Official members\n\nThere are 2 official members.\nThe official members are—\nthe chancellor; and\nthe vice-chancellor.\ns 13 sub 2005 No. 18 s 29\n(sec.13-ssec.1) There are 2 official members.\n(sec.13-ssec.2) The official members are— the chancellor; and the vice-chancellor.\n- (a) the chancellor; and\n- (b) the vice-chancellor.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Appointed members","content":"### sec.14 Appointed members\n\nThere are 7 appointed members.\nThe Governor in Council is to appoint the appointed members.\ns 14 amd 2002 No. 75 s 45 ; 2005 No. 18 s 30\n(sec.14-ssec.1) There are 7 appointed members.\n(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Elected members","content":"### sec.15 Elected members\n\nThere are 5 elected members.\nThe elected members are—\n2 members of the academic staff; and\n1 member of the general staff; and\n1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b) ; and\n1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b) .\nEach elected member is to be elected at a council election.\ns 15 amd 2002 No. 75 s 46 ; 2005 No. 18 s 31 ; 2017 No. 36 s 107\n(sec.15-ssec.1) There are 5 elected members.\n(sec.15-ssec.2) The elected members are— 2 members of the academic staff; and 1 member of the general staff; and 1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b) ; and 1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b) .\n(sec.15-ssec.3) Each elected member is to be elected at a council election.\n- (a) 2 members of the academic staff; and\n- (b) 1 member of the general staff; and\n- (c) 1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b) ; and\n- (d) 1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b) .","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Additional members","content":"### sec.16 Additional members\n\nThere are 4 additional members.\nThe council must appoint the additional members.\nThe council must appoint at least 2 graduates of the university as additional members.\nAn additional member must not be a student or a member of the university’s academic staff or general staff.\ns 16 sub 2005 No. 18 s 32\n(sec.16-ssec.1) There are 4 additional members.\n(sec.16-ssec.2) The council must appoint the additional members.\n(sec.16-ssec.3) The council must appoint at least 2 graduates of the university as additional members.\n(sec.16-ssec.4) An additional member must not be a student or a member of the university’s academic staff or general staff.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"When council is taken to be properly constituted","content":"### sec.17 When council is taken to be properly constituted\n\nThe council is taken to be properly constituted when it has 11 or more members, whether they be additional, appointed, elected or official members.\ns 17 amd 2005 No. 18 s 33","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Appointed member’s term of office","content":"### sec.18 Appointed member’s term of office\n\nAn appointed member is to be appointed for a term of not more than 4 years.\ns 18 amd 2005 No. 18 s 34","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Elected member’s term of office","content":"### sec.19 Elected member’s term of office\n\nAn elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.\nAn elected member mentioned in section 15 (2) (c) or (d) holds office for 2 years.\nAn elected member’s term of office starts—\nif the member is re-elected—the day after the day when the member’s previous term of office ends; or\nif paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.\ns 19 amd 2002 No. 75 s 74 sch ; 2005 No. 18 s 35\n(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.\n(sec.19-ssec.2) An elected member mentioned in section 15 (2) (c) or (d) holds office for 2 years.\n(sec.19-ssec.3) An elected member’s term of office starts— if the member is re-elected—the day after the day when the member’s previous term of office ends; or if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.\n- (a) if the member is re-elected—the day after the day when the member’s previous term of office ends; or\n- (b) if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Additional member’s term of office","content":"### sec.20 Additional member’s term of office\n\nAn additional member is to be appointed for a term of not more than 4 years decided by the council.\ns 20 sub 2005 No. 18 s 36","sortOrder":24},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Dealing with casual vacancy in office of an elected member","content":"### sec.20A Dealing with casual vacancy in office of an elected member\n\nThis section applies if a casual vacancy arises in the office of an elected member.\nIf the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—\nwas a candidate for the office in the council election; and\nwas not elected; and\nreceived the highest number of votes of all the candidates who were not elected; and\nis eligible, under this Act, to be a member; and\nis willing to be, and available to perform the functions of, a member.\nSubsection (4) applies if—\nthe elected member was not elected at a council election; or\nno-one is eligible for appointment under subsection (2) .\nThe council must appoint to the office a person who—\nis eligible, under this Act, to be a member; and\nis an eligible person for the class of elected members of which the elected member was a member; and\notherwise meets any nomination requirements under the election policy for that class of elected members.\nA person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.\ns 20A ins 2002 No. 75 s 47\namd 2017 No. 36 s 108\n(sec.20A-ssec.1) This section applies if a casual vacancy arises in the office of an elected member.\n(sec.20A-ssec.2) If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who— was a candidate for the office in the council election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member.\n(sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a council election; or no-one is eligible for appointment under subsection (2) .\n(sec.20A-ssec.4) The council must appoint to the office a person who— is eligible, under this Act, to be a member; and is an eligible person for the class of elected members of which the elected member was a member; and otherwise meets any nomination requirements under the election policy for that class of elected members.\n(sec.20A-ssec.5) A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.\n- (a) was a candidate for the office in the council election; and\n- (b) was not elected; and\n- (c) received the highest number of votes of all the candidates who were not elected; and\n- (d) is eligible, under this Act, to be a member; and\n- (e) is willing to be, and available to perform the functions of, a member.\n- (a) the elected member was not elected at a council election; or\n- (b) no-one is eligible for appointment under subsection (2) .\n- (a) is eligible, under this Act, to be a member; and\n- (b) is an eligible person for the class of elected members of which the elected member was a member; and\n- (c) otherwise meets any nomination requirements under the election policy for that class of elected members.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Failure to elect elected members","content":"### sec.21 Failure to elect elected members\n\nThis section applies if, by the end of the relevant day—\ninsufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) (a relevant class ) to comply with section 15 (2) ; or\na person is not elected for a class of elected members mentioned in section 15 (2) (b) to (d) (also each a relevant class ).\nThe Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15 (2) .\nThe council may, if asked by the Minister, nominate a person for appointment under subsection (2) .\nA person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.\nIn this section—\nrelevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.\ns 21 amd 2002 No. 75 s 48 ; 2005 No. 18 s 165 sch\nsub 2017 No. 36 s 109\n(sec.21-ssec.1) This section applies if, by the end of the relevant day— insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) (a relevant class ) to comply with section 15 (2) ; or a person is not elected for a class of elected members mentioned in section 15 (2) (b) to (d) (also each a relevant class ).\n(sec.21-ssec.2) The Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15 (2) .\n(sec.21-ssec.3) The council may, if asked by the Minister, nominate a person for appointment under subsection (2) .\n(sec.21-ssec.4) A person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.\n(sec.21-ssec.5) In this section— relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.\n- (a) insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) (a relevant class ) to comply with section 15 (2) ; or\n- (b) a person is not elected for a class of elected members mentioned in section 15 (2) (b) to (d) (also each a relevant class ).","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Casual vacancies","content":"### sec.22 Casual vacancies\n\nA person appointed or elected to fill a casual vacancy in the office of a member is appointed or elected for the balance of the term of office of the person’s predecessor.\ns 22 amd 2002 No. 75 s 74 sch","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Ineligibility for membership of council","content":"### sec.23 Ineligibility for membership of council\n\nA person is not eligible to become an elected, appointed or additional member if—\nthe person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\nthe person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .\nAlso, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for more than 12 years, whether continuously or not.\nSubsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member.\nSubsection (1) (b) is subject to sections 25 and 26 .\ns 23 sub 2005 No. 18 s 37\namd 2017 No. 36 s 15\n(sec.23-ssec.1) A person is not eligible to become an elected, appointed or additional member if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .\n(sec.23-ssec.2) Also, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for more than 12 years, whether continuously or not.\n(sec.23-ssec.3) Subsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member.\n(sec.23-ssec.4) Subsection (1) (b) is subject to sections 25 and 26 .\n- (a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (b) the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Vacation of office","content":"### sec.24 Vacation of office\n\nThe office of an elected, appointed or additional member becomes vacant if—\nthe member dies; or\nfor an elected member of a class mentioned in section 15 (2) (a) to (d) —\nif the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\notherwise—the member ceases to be an eligible person for the class; or\nAn elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student.\nfor an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or\nthe member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or\nthe member becomes an official member; or\nthe member resigns from office by signed notice—\nif the member is an appointed member—given to the Minister; or\nif the member is an elected or additional member—given to the vice-chancellor; or\nthe member is removed from office under section 26B ; or\nthe member is disqualified from managing corporations under the Corporations Act , part 2D .6; or\nthe member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .\nSee section 66D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .\nSubsection (1) (i) is subject to sections 25 and 26 .\nA resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.\ns 24 amd 2005 No. 18 s 38 ; 2017 No. 36 ss 16 , 110\n(sec.24-ssec.1) The office of an elected, appointed or additional member becomes vacant if— the member dies; or for an elected member of a class mentioned in section 15 (2) (a) to (d) — if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or otherwise—the member ceases to be an eligible person for the class; or An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student. for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or the member becomes an official member; or the member resigns from office by signed notice— if the member is an appointed member—given to the Minister; or if the member is an elected or additional member—given to the vice-chancellor; or the member is removed from office under section 26B ; or the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) . See section 66D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .\n(sec.24-ssec.2) Subsection (1) (i) is subject to sections 25 and 26 .\n(sec.24-ssec.3) A resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.\n- (a) the member dies; or\n- (b) for an elected member of a class mentioned in section 15 (2) (a) to (d) — (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student.\n- (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\n- (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student.\n- (c) for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or\n- (d) the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or\n- (e) the member becomes an official member; or\n- (f) the member resigns from office by signed notice— (i) if the member is an appointed member—given to the Minister; or (ii) if the member is an elected or additional member—given to the vice-chancellor; or\n- (i) if the member is an appointed member—given to the Minister; or\n- (ii) if the member is an elected or additional member—given to the vice-chancellor; or\n- (g) the member is removed from office under section 26B ; or\n- (h) the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (i) the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .\n- (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\n- (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student.\n- (i) if the member is an appointed member—given to the Minister; or\n- (ii) if the member is an elected or additional member—given to the vice-chancellor; or","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Discretion where appointed member convicted of indictable offence","content":"### sec.25 Discretion where appointed member convicted of indictable offence\n\nIf the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may—\nif the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or\notherwise—give written approval for the person to become an appointed member despite the conviction.\nOn the day the chancellor receives a notice under subsection (1) (a) —\nthe person is restored as an appointed member; and\nif another person has been appointed to fill the vacancy—the other person’s appointment ends.\nIf a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\ns 25 amd 2005 No. 18 s 165 sch ; 2017 No. 36 s 165 s ch 1 pt 2\n(sec.25-ssec.1) If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may— if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or otherwise—give written approval for the person to become an appointed member despite the conviction.\n(sec.25-ssec.2) On the day the chancellor receives a notice under subsection (1) (a) — the person is restored as an appointed member; and if another person has been appointed to fill the vacancy—the other person’s appointment ends.\n(sec.25-ssec.3) If a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\n- (a) if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become an appointed member despite the conviction.\n- (a) the person is restored as an appointed member; and\n- (b) if another person has been appointed to fill the vacancy—the other person’s appointment ends.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Discretion where elected or additional member convicted of indictable offence","content":"### sec.26 Discretion where elected or additional member convicted of indictable offence\n\nIf the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may—\nif the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or\notherwise—give written approval for the person to become an elected or additional member despite the conviction.\nOn the day the person receives a notice under subsection (1) (a) —\nthe person is restored as an elected or additional member; and\nif another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.\nIf a person is restored as an elected or additional member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\ns 26 amd 2005 No. 18 s 165 sch ; 2017 No. 36 s 165 s ch 1 pt 2\n(sec.26-ssec.1) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may— if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become an elected or additional member despite the conviction.\n(sec.26-ssec.2) On the day the person receives a notice under subsection (1) (a) — the person is restored as an elected or additional member; and if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.\n(sec.26-ssec.3) If a person is restored as an elected or additional member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\n- (a) if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become an elected or additional member despite the conviction.\n- (a) the person is restored as an elected or additional member; and\n- (b) if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.","sortOrder":31},{"sectionNumber":"pt.2-div.3A","sectionType":"division","heading":"Council elections","content":"## Council elections","sortOrder":32},{"sectionNumber":"sec.26AA","sectionType":"section","heading":"Election policy","content":"### sec.26AA Election policy\n\nThe council must—\nmake a policy (an election policy ) about the conduct of elections required under section 15 ; and\npublish the election policy on the university’s website.\nThe election policy must include—\nprovisions to ensure the integrity and security of the voting system; and\nwithout limiting paragraph (a) , provisions to ensure—\nonly persons who are eligible to vote may vote; and\na person can not vote more than once in an election; and\nvoting is done by secret ballot; and\na person is not improperly influenced in voting; and\nprovisions stating the procedure for voting, including the procedure for issuing ballots; and\nprovisions about—\nnotifying the period during which an election is to be held; and\nnominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\npublishing the results of an election, including the day by which the results must be published; and\nmaking and resolving complaints.\nAlso, the election policy may include provisions stating requirements for—\neligibility to be nominated as a candidate for a particular class of elected members; and\neligibility to vote, including eligibility to vote for a particular class of elected members.\nThe election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.\ns 26AA ins 2017 No. 36 s 111\n(sec.26AA-ssec.1) The council must— make a policy (an election policy ) about the conduct of elections required under section 15 ; and publish the election policy on the university’s website.\n(sec.26AA-ssec.2) The election policy must include— provisions to ensure the integrity and security of the voting system; and without limiting paragraph (a) , provisions to ensure— only persons who are eligible to vote may vote; and a person can not vote more than once in an election; and voting is done by secret ballot; and a person is not improperly influenced in voting; and provisions stating the procedure for voting, including the procedure for issuing ballots; and provisions about— notifying the period during which an election is to be held; and nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and publishing the results of an election, including the day by which the results must be published; and making and resolving complaints.\n(sec.26AA-ssec.3) Also, the election policy may include provisions stating requirements for— eligibility to be nominated as a candidate for a particular class of elected members; and eligibility to vote, including eligibility to vote for a particular class of elected members.\n(sec.26AA-ssec.4) The election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.\n- (a) make a policy (an election policy ) about the conduct of elections required under section 15 ; and\n- (b) publish the election policy on the university’s website.\n- (a) provisions to ensure the integrity and security of the voting system; and\n- (b) without limiting paragraph (a) , provisions to ensure— (i) only persons who are eligible to vote may vote; and (ii) a person can not vote more than once in an election; and (iii) voting is done by secret ballot; and (iv) a person is not improperly influenced in voting; and\n- (i) only persons who are eligible to vote may vote; and\n- (ii) a person can not vote more than once in an election; and\n- (iii) voting is done by secret ballot; and\n- (iv) a person is not improperly influenced in voting; and\n- (c) provisions stating the procedure for voting, including the procedure for issuing ballots; and\n- (d) provisions about— (i) notifying the period during which an election is to be held; and (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and (iii) publishing the results of an election, including the day by which the results must be published; and (iv) making and resolving complaints.\n- (i) notifying the period during which an election is to be held; and\n- (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\n- (iii) publishing the results of an election, including the day by which the results must be published; and\n- (iv) making and resolving complaints.\n- (i) only persons who are eligible to vote may vote; and\n- (ii) a person can not vote more than once in an election; and\n- (iii) voting is done by secret ballot; and\n- (iv) a person is not improperly influenced in voting; and\n- (i) notifying the period during which an election is to be held; and\n- (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\n- (iii) publishing the results of an election, including the day by which the results must be published; and\n- (iv) making and resolving complaints.\n- (a) eligibility to be nominated as a candidate for a particular class of elected members; and\n- (b) eligibility to vote, including eligibility to vote for a particular class of elected members.","sortOrder":33},{"sectionNumber":"sec.26AB","sectionType":"section","heading":"Conduct of election","content":"### sec.26AB Conduct of election\n\nAn election required under section 15 must be held under the election policy.\ns 26AB ins 2017 No. 36 s 111","sortOrder":34},{"sectionNumber":"sec.26AC","sectionType":"section","heading":"Eligibility to vote","content":"### sec.26AC Eligibility to vote\n\nA person is eligible to vote in an election for a class of elected members mentioned in section 15 (2) (a) to (d) only if the person—\nis an eligible person for the class of elected members; and\notherwise meets any requirements under the election policy for eligibility to vote.\ns 26AC ins 2017 No. 36 s 111\n- (a) is an eligible person for the class of elected members; and\n- (b) otherwise meets any requirements under the election policy for eligibility to vote.","sortOrder":35},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Members’ function, and removing elected, appointed and additional members from office","content":"## Members’ function, and removing elected, appointed and additional members from office","sortOrder":36},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Member’s function, and obligations about function","content":"### sec.26A Member’s function, and obligations about function\n\nA member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.\nIn performing the function, a member—\nmust act honestly and in the best interests of the university; and\nmust exercise reasonable skill, care and diligence; and\nmust disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and\nmust not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.\ns 26A ins 2005 No. 18 s 39\n(sec.26A-ssec.1) A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.\n(sec.26A-ssec.2) In performing the function, a member— must act honestly and in the best interests of the university; and must exercise reasonable skill, care and diligence; and must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.\n- (a) must act honestly and in the best interests of the university; and\n- (b) must exercise reasonable skill, care and diligence; and\n- (c) must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and\n- (d) must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.","sortOrder":37},{"sectionNumber":"sec.26B","sectionType":"section","heading":"Council may remove member from office","content":"### sec.26B Council may remove member from office\n\nThe council may remove an elected, appointed or additional member from office if at least 12 members are satisfied the member has not complied with—\nsection 26A (2) ; or\na conduct obligation.\nIf the council decides to remove a member from office under subsection (1) , the council must as soon as practicable—\ngive the member notice of the decision and the reasons for it; and\nif the member is an appointed member—give the Minister a copy of the notice.\nIf the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following—\nthe day the member receives the notice;\nthe day, if any, stated in the notice for that purpose.\nThe council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .\ns 26B ins 2005 No. 18 s 39\n(sec.26B-ssec.1) The council may remove an elected, appointed or additional member from office if at least 12 members are satisfied the member has not complied with— section 26A (2) ; or a conduct obligation.\n(sec.26B-ssec.2) If the council decides to remove a member from office under subsection (1) , the council must as soon as practicable— give the member notice of the decision and the reasons for it; and if the member is an appointed member—give the Minister a copy of the notice.\n(sec.26B-ssec.3) If the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following— the day the member receives the notice; the day, if any, stated in the notice for that purpose.\n(sec.26B-ssec.4) The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .\n- (a) section 26A (2) ; or\n- (b) a conduct obligation.\n- (a) give the member notice of the decision and the reasons for it; and\n- (b) if the member is an appointed member—give the Minister a copy of the notice.\n- (a) the day the member receives the notice;\n- (b) the day, if any, stated in the notice for that purpose.","sortOrder":38},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Extending terms of office","content":"## Extending terms of office","sortOrder":39},{"sectionNumber":"sec.26C","sectionType":"section","heading":"Minister may extend terms of office","content":"### sec.26C Minister may extend terms of office\n\nThe Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension—\nis in the best interests of the university; and\nis necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.\nIf the Minister acts under subsection (1) , the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members.\nThe extension applies only to members holding office when the notice is given under subsection (1) .\nThis section—\ndoes not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and\napplies despite sections 18 , 19 (1) and (2) and 20 .\ns 26C ins 2005 No. 18 s 39\n(sec.26C-ssec.1) The Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension— is in the best interests of the university; and is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.\n(sec.26C-ssec.2) If the Minister acts under subsection (1) , the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members.\n(sec.26C-ssec.3) The extension applies only to members holding office when the notice is given under subsection (1) .\n(sec.26C-ssec.4) This section— does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and applies despite sections 18 , 19 (1) and (2) and 20 .\n- (a) is in the best interests of the university; and\n- (b) is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.\n- (a) does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and\n- (b) applies despite sections 18 , 19 (1) and (2) and 20 .","sortOrder":40},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Meetings of the council","content":"## Meetings of the council","sortOrder":41},{"sectionNumber":"sec.27","sectionType":"section","heading":"Who is to preside at meetings","content":"### sec.27 Who is to preside at meetings\n\nThe chancellor must preside at meetings of the council.\nHowever, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.\n(sec.27-ssec.1) The chancellor must preside at meetings of the council.\n(sec.27-ssec.2) However, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.","sortOrder":42},{"sectionNumber":"sec.28","sectionType":"section","heading":"Quorum","content":"### sec.28 Quorum\n\nA quorum exists at a meeting of the council if at least half its members are present.","sortOrder":43},{"sectionNumber":"sec.29","sectionType":"section","heading":"Conduct of meetings","content":"### sec.29 Conduct of meetings\n\nThe council may otherwise regulate its proceedings as it considers appropriate.","sortOrder":44},{"sectionNumber":"pt.3","sectionType":"part","heading":"Certain officers of the university","content":"# Certain officers of the university","sortOrder":45},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Chancellor, deputy chancellor and vice-chancellor","content":"## Chancellor, deputy chancellor and vice-chancellor","sortOrder":46},{"sectionNumber":"sec.30","sectionType":"section","heading":"Chancellor","content":"### sec.30 Chancellor\n\nThere is a chancellor of the university.\nThe council must elect a chancellor whenever there is a vacancy in the office.\nThe person elected need not be a member.\nThe person elected must not be a student or a member of the university’s academic staff or general staff.\nThe chancellor holds office for the term, not longer than 5 years, fixed by the council.\ns 30 amd 2005 No. 18 s 40\n(sec.30-ssec.1) There is a chancellor of the university.\n(sec.30-ssec.2) The council must elect a chancellor whenever there is a vacancy in the office.\n(sec.30-ssec.3) The person elected need not be a member.\n(sec.30-ssec.4) The person elected must not be a student or a member of the university’s academic staff or general staff.\n(sec.30-ssec.5) The chancellor holds office for the term, not longer than 5 years, fixed by the council.","sortOrder":47},{"sectionNumber":"sec.31","sectionType":"section","heading":"Deputy chancellor","content":"### sec.31 Deputy chancellor\n\nThere is a deputy chancellor of the university.\nThe council must elect a member as deputy chancellor whenever there is a vacancy in the office.\nThe deputy chancellor holds office for the term, not longer than 4 years, fixed by the council.\nThe deputy chancellor is to act as chancellor—\nduring a vacancy in the office of chancellor; and\nduring all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.\ns 31 amd 2005 No. 18 s 41 ; 2017 No. 36 s 17\n(sec.31-ssec.1) There is a deputy chancellor of the university.\n(sec.31-ssec.2) The council must elect a member as deputy chancellor whenever there is a vacancy in the office.\n(sec.31-ssec.3) The deputy chancellor holds office for the term, not longer than 4 years, fixed by the council.\n(sec.31-ssec.4) The deputy chancellor is to act as chancellor— during a vacancy in the office of chancellor; and during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.\n- (a) during a vacancy in the office of chancellor; and\n- (b) during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.","sortOrder":48},{"sectionNumber":"sec.32","sectionType":"section","heading":"Vice-chancellor","content":"### sec.32 Vice-chancellor\n\nThere is a vice-chancellor of the university.\nThe council must appoint a vice-chancellor whenever there is a vacancy in the office.\nThe terms of appointment are as decided by the council.\nThe vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.\nThe vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff.\nSee also section 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.\ns 32 amd 2017 No. 36 s 18\n(sec.32-ssec.1) There is a vice-chancellor of the university.\n(sec.32-ssec.2) The council must appoint a vice-chancellor whenever there is a vacancy in the office.\n(sec.32-ssec.3) The terms of appointment are as decided by the council.\n(sec.32-ssec.4) The vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.\n(sec.32-ssec.5) The vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff.","sortOrder":49},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Matters about disqualification or removal from office","content":"## Matters about disqualification or removal from office","sortOrder":50},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Disqualification from office","content":"### sec.32A Disqualification from office\n\nA person can not become, or continue as, the chancellor or vice-chancellor if—\nthe person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\nsubject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .\nSee section 66D for the requirement to disclose the disqualification or conviction.\nIf the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may—\nif the person was the chancellor or vice-chancellor when convicted—give notice to the person that the person—\nis restored as the chancellor or vice-chancellor; and\nmay be later re-elected or reappointed, despite the conviction; or\notherwise—give written approval for the person to become the chancellor or vice-chancellor despite the conviction.\nOn the day the person receives a notice under subsection (2) (a) —\nthe person is restored as the chancellor or vice-chancellor; and\nif another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.\nIf a person is restored as the chancellor or vice-chancellor under subsection (3) , the person’s term of office as the chancellor or vice-chancellor ends when it would have ended if the person had not been convicted of the offence.\ns 32A ins 2005 No. 18 s 42\namd 2017 No. 36 s 19\n(sec.32A-ssec.1) A person can not become, or continue as, the chancellor or vice-chancellor if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . See section 66D for the requirement to disclose the disqualification or conviction.\n(sec.32A-ssec.2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may— if the person was the chancellor or vice-chancellor when convicted—give notice to the person that the person— is restored as the chancellor or vice-chancellor; and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become the chancellor or vice-chancellor despite the conviction.\n(sec.32A-ssec.3) On the day the person receives a notice under subsection (2) (a) — the person is restored as the chancellor or vice-chancellor; and if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.\n(sec.32A-ssec.4) If a person is restored as the chancellor or vice-chancellor under subsection (3) , the person’s term of office as the chancellor or vice-chancellor ends when it would have ended if the person had not been convicted of the offence.\n- (a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (b) subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .\n- (a) if the person was the chancellor or vice-chancellor when convicted—give notice to the person that the person— (i) is restored as the chancellor or vice-chancellor; and (ii) may be later re-elected or reappointed, despite the conviction; or\n- (i) is restored as the chancellor or vice-chancellor; and\n- (ii) may be later re-elected or reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become the chancellor or vice-chancellor despite the conviction.\n- (i) is restored as the chancellor or vice-chancellor; and\n- (ii) may be later re-elected or reappointed, despite the conviction; or\n- (a) the person is restored as the chancellor or vice-chancellor; and\n- (b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.","sortOrder":51},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Council may remove chancellor or vice-chancellor from office","content":"### sec.32B Council may remove chancellor or vice-chancellor from office\n\nThe council may remove the chancellor or vice-chancellor from office if at least 12 members are satisfied the chancellor or vice-chancellor has not complied with—\nsection 26A (2) ; or\na conduct obligation.\nIf the council decides to remove the chancellor or vice-chancellor from office under subsection (1) , the council must as soon as practicable give the chancellor or vice-chancellor notice of the decision and the reasons for it.\nThe chancellor’s or vice-chancellor’s term of office ends on the later of the following—\nthe day he or she receives the notice;\nthe day, if any, stated in the notice for that purpose.\ns 32B ins 2005 No. 18 s 42\n(sec.32B-ssec.1) The council may remove the chancellor or vice-chancellor from office if at least 12 members are satisfied the chancellor or vice-chancellor has not complied with— section 26A (2) ; or a conduct obligation.\n(sec.32B-ssec.2) If the council decides to remove the chancellor or vice-chancellor from office under subsection (1) , the council must as soon as practicable give the chancellor or vice-chancellor notice of the decision and the reasons for it.\n(sec.32B-ssec.3) The chancellor’s or vice-chancellor’s term of office ends on the later of the following— the day he or she receives the notice; the day, if any, stated in the notice for that purpose.\n- (a) section 26A (2) ; or\n- (b) a conduct obligation.\n- (a) the day he or she receives the notice;\n- (b) the day, if any, stated in the notice for that purpose.","sortOrder":52},{"sectionNumber":"sec.32C","sectionType":"section","heading":"Particular matters about removal of vice-chancellor","content":"### sec.32C Particular matters about removal of vice-chancellor\n\nThe council may remove the vice-chancellor from office under section 32B despite the vice-chancellor’s terms of appointment.\nIf the council removes the vice-chancellor from office under section 32B —\nthe removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and\nthe vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if—\nthe appointment had been ended as permitted under the terms of appointment; or\nhis or her term of office had ended.\ns 32C ins 2005 No. 18 s 42\n(sec.32C-ssec.1) The council may remove the vice-chancellor from office under section 32B despite the vice-chancellor’s terms of appointment.\n(sec.32C-ssec.2) If the council removes the vice-chancellor from office under section 32B — the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— the appointment had been ended as permitted under the terms of appointment; or his or her term of office had ended.\n- (a) the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and\n- (b) the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— (i) the appointment had been ended as permitted under the terms of appointment; or (ii) his or her term of office had ended.\n- (i) the appointment had been ended as permitted under the terms of appointment; or\n- (ii) his or her term of office had ended.\n- (i) the appointment had been ended as permitted under the terms of appointment; or\n- (ii) his or her term of office had ended.","sortOrder":53},{"sectionNumber":"sec.32D","sectionType":"section","heading":"Vacation of office","content":"### sec.32D Vacation of office\n\nThe office of the chancellor or vice-chancellor becomes vacant if he or she—\ncan not continue as the chancellor or vice-chancellor under section 32A ; or\nis removed from office under section 32B .\nThe office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.\ns 32D ins 2005 No. 18 s 42\n(sec.32D-ssec.1) The office of the chancellor or vice-chancellor becomes vacant if he or she— can not continue as the chancellor or vice-chancellor under section 32A ; or is removed from office under section 32B .\n(sec.32D-ssec.2) The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.\n- (a) can not continue as the chancellor or vice-chancellor under section 32A ; or\n- (b) is removed from office under section 32B .","sortOrder":54},{"sectionNumber":"pt.4","sectionType":"part","heading":"Bodies connected with the university","content":"# Bodies connected with the university","sortOrder":55},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Convocation","content":"## Convocation","sortOrder":56},{"sectionNumber":"sec.33","sectionType":"section","heading":"Establishment of convocation","content":"### sec.33 Establishment of convocation\n\nA convocation of the university is established.\nThe council is to decide the membership of the convocation.\nThe council is to decide—\nhow meetings of the convocation are to be called; and\nhow the convocation is to conduct its proceedings; and\nthe quorum of a meeting of the convocation; and\nthe powers and functions of the convocation.\ns 33 amd 2017 No. 36 s 112\n(sec.33-ssec.1) A convocation of the university is established.\n(sec.33-ssec.2) The council is to decide the membership of the convocation.\n(sec.33-ssec.3) The council is to decide— how meetings of the convocation are to be called; and how the convocation is to conduct its proceedings; and the quorum of a meeting of the convocation; and the powers and functions of the convocation.\n- (a) how meetings of the convocation are to be called; and\n- (b) how the convocation is to conduct its proceedings; and\n- (c) the quorum of a meeting of the convocation; and\n- (d) the powers and functions of the convocation.","sortOrder":57},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"University student council","content":"## University student council","sortOrder":58},{"sectionNumber":"sec.34","sectionType":"section","heading":"Establishment of university student council","content":"### sec.34 Establishment of university student council\n\nThe Griffith University Student Representative Council is established.\nThe university student council—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\n(sec.34-ssec.1) The Griffith University Student Representative Council is established.\n(sec.34-ssec.2) The university student council— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":59},{"sectionNumber":"sec.35","sectionType":"section","heading":"Membership","content":"### sec.35 Membership\n\nThe persons who are eligible to be members of the university student council are—\nundergraduate students, other than students studying at the Gold Coast campus of the university; and\npersons eligible for membership under the university student council’s constitution.\ns 35 sub 2002 No. 75 s 49\n- (a) undergraduate students, other than students studying at the Gold Coast campus of the university; and\n- (b) persons eligible for membership under the university student council’s constitution.","sortOrder":60},{"sectionNumber":"sec.36","sectionType":"section","heading":"Role","content":"### sec.36 Role\n\nThe university student council has the role and powers stated in its constitution.\nThe university student council also has the role and powers decided by the council of the university.\nHowever, the university student council is not the employee or agent of the council of the university.\n(sec.36-ssec.1) The university student council has the role and powers stated in its constitution.\n(sec.36-ssec.2) The university student council also has the role and powers decided by the council of the university.\n(sec.36-ssec.3) However, the university student council is not the employee or agent of the council of the university.","sortOrder":61},{"sectionNumber":"sec.37","sectionType":"section","heading":"General powers","content":"### sec.37 General powers\n\nWithout limiting section 36 , the university student council has all the powers of an individual, including, for example, the power to acquire, hold, dispose of, and deal with, property.","sortOrder":62},{"sectionNumber":"sec.38","sectionType":"section","heading":"Constitution","content":"### sec.38 Constitution\n\nThe university student council must have a written constitution.\nThe university student council’s constitution, and each amendment of the constitution, must be submitted to the council of the university for its approval.\nThe constitution or amendment has no effect until approved by the council of the university.\n(sec.38-ssec.1) The university student council must have a written constitution.\n(sec.38-ssec.2) The university student council’s constitution, and each amendment of the constitution, must be submitted to the council of the university for its approval.\n(sec.38-ssec.3) The constitution or amendment has no effect until approved by the council of the university.","sortOrder":63},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Gold Coast Student Guild","content":"## Gold Coast Student Guild","sortOrder":64},{"sectionNumber":"sec.39","sectionType":"section","heading":"Establishment","content":"### sec.39 Establishment\n\nThe Gold Coast Student Guild is established.\nThe student guild—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\ns 39 sub 2002 No. 75 s 50\n(sec.39-ssec.1) The Gold Coast Student Guild is established.\n(sec.39-ssec.2) The student guild— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":65},{"sectionNumber":"sec.40","sectionType":"section","heading":"Membership","content":"### sec.40 Membership\n\nThe persons who are eligible to be members of the student guild are—\nstudents studying at the Gold Coast campus of the university; and\npersons eligible for membership under the student guild’s constitution.\ns 40 sub 2002 No. 75 s 50\n- (a) students studying at the Gold Coast campus of the university; and\n- (b) persons eligible for membership under the student guild’s constitution.","sortOrder":66},{"sectionNumber":"sec.41","sectionType":"section","heading":"Role","content":"### sec.41 Role\n\nThe student guild has the role and powers stated in its constitution.\nThe student guild also has the role and powers decided by the council.\nHowever, the student guild is not the employee or agent of the council.\ns 41 sub 2002 No. 75 s 50\n(sec.41-ssec.1) The student guild has the role and powers stated in its constitution.\n(sec.41-ssec.2) The student guild also has the role and powers decided by the council.\n(sec.41-ssec.3) However, the student guild is not the employee or agent of the council.","sortOrder":67},{"sectionNumber":"sec.42","sectionType":"section","heading":"General powers","content":"### sec.42 General powers\n\nWithout limiting section 41 , the student guild has all the powers of an individual, including, for example, the power to acquire, hold, dispose of, and deal with, property.\ns 42 sub 2002 No. 75 s 50","sortOrder":68},{"sectionNumber":"sec.43","sectionType":"section","heading":"Constitution","content":"### sec.43 Constitution\n\nThe student guild must have a written constitution.\nThe student guild’s constitution, and each amendment of the constitution, must be submitted to the council for approval.\nThe constitution or amendment has no effect until approved by the council.\ns 43 sub 2002 No. 75 s 50\n(sec.43-ssec.1) The student guild must have a written constitution.\n(sec.43-ssec.2) The student guild’s constitution, and each amendment of the constitution, must be submitted to the council for approval.\n(sec.43-ssec.3) The constitution or amendment has no effect until approved by the council.","sortOrder":69},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 om 2002 No. 75 s 50","sortOrder":70},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Application of Corporations legislation to bodies","content":"## Application of Corporations legislation to bodies","sortOrder":71},{"sectionNumber":"sec.44A","sectionType":"section","heading":"Excluded matters for Corporations legislation","content":"### sec.44A Excluded matters for Corporations legislation\n\nThe convocation is declared to be an excluded matter for the Corporations Act , section 5F , in relation to parts 5.7 and 5 .7B of that Act.\nEach of the following is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act—\nthe university student council;\nthe student guild.\nCorporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)\ns 44A ins 2001 No. 45 s 29 sch 3\namd 2002 No. 75 s 51\n(sec.44A-ssec.1) The convocation is declared to be an excluded matter for the Corporations Act , section 5F , in relation to parts 5.7 and 5 .7B of that Act.\n(sec.44A-ssec.2) Each of the following is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act— the university student council; the student guild. Corporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)\n- (a) the university student council;\n- (b) the student guild.","sortOrder":72},{"sectionNumber":"pt.5","sectionType":"part","heading":"Property and finance","content":"# Property and finance","sortOrder":73},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Property held on trust or conditions","content":"## Property held on trust or conditions","sortOrder":74},{"sectionNumber":"sec.45","sectionType":"section","heading":"Definition for div 1","content":"### sec.45 Definition for div 1\n\nIn this division—\nproperty includes income from property and a part or residue of the property.","sortOrder":75},{"sectionNumber":"sec.46","sectionType":"section","heading":"Amendment of terms of trusts and gifts","content":"### sec.46 Amendment of terms of trusts and gifts\n\nThis section applies if—\nproperty is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and\nthe council is satisfied—\nthe donor’s purpose—\nhas been wholly or substantially achieved; or\nno longer exists; or\nhas been adequately provided for in another way; or\nis uncertain, can not be identified, or is insufficiently defined; or\nbecomes impossible, impractical or inexpedient to carry out; or\nthe property is inadequate for the donor’s purpose.\nThe council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).\nThe scheme must be in writing.\nThe university must without charge give a copy of the scheme to anyone who asks for it.\n(sec.46-ssec.1) This section applies if— property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and the council is satisfied— the donor’s purpose— has been wholly or substantially achieved; or no longer exists; or has been adequately provided for in another way; or is uncertain, can not be identified, or is insufficiently defined; or becomes impossible, impractical or inexpedient to carry out; or the property is inadequate for the donor’s purpose.\n(sec.46-ssec.2) The council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).\n(sec.46-ssec.3) The scheme must be in writing.\n(sec.46-ssec.4) The university must without charge give a copy of the scheme to anyone who asks for it.\n- (a) property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and\n- (b) the council is satisfied— (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or (ii) the property is inadequate for the donor’s purpose.\n- (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or\n- (A) has been wholly or substantially achieved; or\n- (B) no longer exists; or\n- (C) has been adequately provided for in another way; or\n- (D) is uncertain, can not be identified, or is insufficiently defined; or\n- (E) becomes impossible, impractical or inexpedient to carry out; or\n- (ii) the property is inadequate for the donor’s purpose.\n- (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or\n- (A) has been wholly or substantially achieved; or\n- (B) no longer exists; or\n- (C) has been adequately provided for in another way; or\n- (D) is uncertain, can not be identified, or is insufficiently defined; or\n- (E) becomes impossible, impractical or inexpedient to carry out; or\n- (ii) the property is inadequate for the donor’s purpose.\n- (A) has been wholly or substantially achieved; or\n- (B) no longer exists; or\n- (C) has been adequately provided for in another way; or\n- (D) is uncertain, can not be identified, or is insufficiently defined; or\n- (E) becomes impossible, impractical or inexpedient to carry out; or","sortOrder":76},{"sectionNumber":"sec.47","sectionType":"section","heading":"Selection of designated purpose","content":"### sec.47 Selection of designated purpose\n\nIn selecting the designated purpose, the council must prefer a purpose that—\nis as nearly similar as practicable to the donor’s purpose; and\ncan practically and conveniently be achieved.\nHowever, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .\n(sec.47-ssec.1) In selecting the designated purpose, the council must prefer a purpose that— is as nearly similar as practicable to the donor’s purpose; and can practically and conveniently be achieved.\n(sec.47-ssec.2) However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .\n- (a) is as nearly similar as practicable to the donor’s purpose; and\n- (b) can practically and conveniently be achieved.","sortOrder":77},{"sectionNumber":"sec.48","sectionType":"section","heading":"Property to be held for designated purpose","content":"### sec.48 Property to be held for designated purpose\n\nProperty to which the scheme applies is to be held by the university for the property’s designated purpose instead of the donor’s purpose.","sortOrder":78},{"sectionNumber":"sec.49","sectionType":"section","heading":"Certain persons to be given notice of scheme","content":"### sec.49 Certain persons to be given notice of scheme\n\nIf the scheme applies to land, the university must, as soon as practicable after the scheme is set up, give a copy of the scheme to the registrar of titles.","sortOrder":79},{"sectionNumber":"sec.50","sectionType":"section","heading":"Amendment of scheme","content":"### sec.50 Amendment of scheme\n\nThe council may amend the scheme.\nSections 46 to 49 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.\n(sec.50-ssec.1) The council may amend the scheme.\n(sec.50-ssec.2) Sections 46 to 49 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.","sortOrder":80},{"sectionNumber":"sec.51","sectionType":"section","heading":"University’s powers under other laws not limited","content":"### sec.51 University’s powers under other laws not limited\n\nThis division does not limit the university’s powers and rights under any other law about property held on trust by the university.","sortOrder":81},{"sectionNumber":"sec.52","sectionType":"section","heading":"University may carry out conditions of gift etc.","content":"### sec.52 University may carry out conditions of gift etc.\n\nThe university may agree to and carry out any conditions of a gift, grant, bequest or devise of property to the university.","sortOrder":82},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Dealing with State land by council","content":"## Dealing with State land by council","sortOrder":83},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application of Land Act 1994","content":"### sec.53 Application of Land Act 1994\n\nState land is held and may be disposed of under the Land Act 1994 .\nHowever, the university may grant an interest in State land only by way of lease.\nDespite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational deed of grant in trust may be for up to 100 years.\nSubsection (5) applies if the purpose for which land was granted in trust under the Land Act 1994 includes a reference to ‘university’.\nThe purpose is taken to include anything that is consistent with the university’s functions under section 5 .\nSubsections (4) and (5) apply whether the land was granted in trust before or after the commencement of this section.\nIn this section—\noperational deed of grant in trust see the Land Act 1994 , schedule 6 .\ns 53 amd 2011 No. 39 s 32 ; 2024 No. 12 s 131 sch 1 pt 1\n(sec.53-ssec.1) State land is held and may be disposed of under the Land Act 1994 .\n(sec.53-ssec.2) However, the university may grant an interest in State land only by way of lease.\n(sec.53-ssec.3) Despite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational deed of grant in trust may be for up to 100 years.\n(sec.53-ssec.4) Subsection (5) applies if the purpose for which land was granted in trust under the Land Act 1994 includes a reference to ‘university’.\n(sec.53-ssec.5) The purpose is taken to include anything that is consistent with the university’s functions under section 5 .\n(sec.53-ssec.6) Subsections (4) and (5) apply whether the land was granted in trust before or after the commencement of this section.\n(sec.53-ssec.7) In this section— operational deed of grant in trust see the Land Act 1994 , schedule 6 .","sortOrder":84},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Finance","content":"## Finance","sortOrder":85},{"sectionNumber":"sec.54","sectionType":"section","heading":"University is statutory body under the Financial Accountability Act 2009","content":"### sec.54 University is statutory body under the Financial Accountability Act 2009\n\nTo remove any doubt, it is declared that the university is a statutory body under the Financial Accountability Act 2009 .\ns 54 amd 2009 No. 9 s 136 sch 1","sortOrder":86},{"sectionNumber":"sec.55","sectionType":"section","heading":"University is statutory body under the Statutory Bodies Financial Arrangements Act 1982","content":"### sec.55 University is statutory body under the Statutory Bodies Financial Arrangements Act 1982\n\nUnder the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.55-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.\n(sec.55-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":87},{"sectionNumber":"sec.56","sectionType":"section","heading":"Trust funds","content":"### sec.56 Trust funds\n\nThe university may establish or administer trust funds.","sortOrder":88},{"sectionNumber":"sec.57","sectionType":"section","heading":"Investment common fund","content":"### sec.57 Investment common fund\n\nThe university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.\nThe university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.\nThe university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.\nDespite subsection (3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.\nAlso, despite subsection (3) , the university may—\nadd a part of the income of the investment common fund to the fund’s capital; or\nuse a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.\n(sec.57-ssec.1) The university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.\n(sec.57-ssec.2) The university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.\n(sec.57-ssec.3) The university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.\n(sec.57-ssec.4) Despite subsection (3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.\n(sec.57-ssec.5) Also, despite subsection (3) , the university may— add a part of the income of the investment common fund to the fund’s capital; or use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.\n- (a) add a part of the income of the investment common fund to the fund’s capital; or\n- (b) use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.","sortOrder":89},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of revenue","content":"### sec.58 Application of revenue\n\nSubject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.\nTo remove any doubt, each of the following purposes is a university purpose—\nenabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere;\nthe advancement of learning generally;\nhelping a body affiliated or associated with the university.\n(sec.58-ssec.1) Subject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.\n(sec.58-ssec.2) To remove any doubt, each of the following purposes is a university purpose— enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere; the advancement of learning generally; helping a body affiliated or associated with the university.\n- (a) enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere;\n- (b) the advancement of learning generally;\n- (c) helping a body affiliated or associated with the university.","sortOrder":90},{"sectionNumber":"sec.59","sectionType":"section","heading":"Financial review","content":"### sec.59 Financial review\n\nThe council must, in each year, adopt a budget for the university for the next year.\nIn framing the budget the council need not take account of amounts mentioned in subsection (4) .\nThe council must control its spending as nearly as possible within the limits of the approved budget.\nThe council must undertake an annual review of—\namounts available, or expected to be available, to the university by way of bequest, donation or special grant; and\nthe spending of the amounts.\n(sec.59-ssec.1) The council must, in each year, adopt a budget for the university for the next year.\n(sec.59-ssec.2) In framing the budget the council need not take account of amounts mentioned in subsection (4) .\n(sec.59-ssec.3) The council must control its spending as nearly as possible within the limits of the approved budget.\n(sec.59-ssec.4) The council must undertake an annual review of— amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and the spending of the amounts.\n- (a) amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and\n- (b) the spending of the amounts.","sortOrder":91},{"sectionNumber":"sec.60","sectionType":"section","heading":"University’s financial year","content":"### sec.60 University’s financial year\n\nThe university’s financial year is a calendar year.","sortOrder":92},{"sectionNumber":"pt.6","sectionType":"part","heading":null,"content":"","sortOrder":93},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 amd 2002 No. 75 s 52 ; 2005 No. 18 s 43\nom 2017 No. 36 s 113","sortOrder":94},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 om 2017 No. 36 s 113","sortOrder":95},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 amd 2002 No. 75 s 53\nom 2017 No. 36 s 113","sortOrder":96},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 om 2017 No. 36 s 113","sortOrder":97},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":98},{"sectionNumber":"sec.65","sectionType":"section","heading":"Forming and taking part in corporations","content":"### sec.65 Forming and taking part in corporations\n\nThe university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following—\nmaking available facilities for study, research or education;\nproviding teaching, research, development, consultancy or other services for public or private entities;\nhelping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;\npreparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;\nexploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;\nseeking or encouraging gifts to the university or for the university’s purposes;\nanother object, consistent with this Act, that the council considers is appropriate in the circumstances.\nThe university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.\nThis section applies despite the Corporations Act .\ns 65 amd 2001 No. 45 s 29 sch s 2 – 3 ; 2005 No. 18 s 44\n(sec.65-ssec.1) The university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following— making available facilities for study, research or education; providing teaching, research, development, consultancy or other services for public or private entities; helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research; preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software; exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else; seeking or encouraging gifts to the university or for the university’s purposes; another object, consistent with this Act, that the council considers is appropriate in the circumstances.\n(sec.65-ssec.2) The university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.\n(sec.65-ssec.3) This section applies despite the Corporations Act .\n- (a) making available facilities for study, research or education;\n- (b) providing teaching, research, development, consultancy or other services for public or private entities;\n- (c) helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;\n- (d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;\n- (e) exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;\n- (f) seeking or encouraging gifts to the university or for the university’s purposes;\n- (g) another object, consistent with this Act, that the council considers is appropriate in the circumstances.","sortOrder":99},{"sectionNumber":"sec.66","sectionType":"section","heading":"Use of facilities and staff","content":"### sec.66 Use of facilities and staff\n\nThe university may enter into a contract or other arrangement with an entity for the use of the university’s facilities and the provision of services by the university’s staff.","sortOrder":100},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Protection from liability","content":"### sec.66A Protection from liability\n\nA member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.\ns 66A ins 2005 No. 18 s 45\n(sec.66A-ssec.1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\n(sec.66A-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.","sortOrder":101},{"sectionNumber":"sec.66B","sectionType":"section","heading":"Report about person’s criminal history","content":"### sec.66B Report about person’s criminal history\n\nTo decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nTo decide whether a person is eligible to be the chancellor or vice-chancellor, or an elected or additional member, the council may ask the commissioner of the police service for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nThe commissioner of the police service must comply with a request under subsection (1) or (2) .\nHowever, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.\nThe duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\nIn this section—\ncriminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\ns 66B ins 2005 No. 18 s 45\n(sec.66B-ssec.1) To decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.66B-ssec.2) To decide whether a person is eligible to be the chancellor or vice-chancellor, or an elected or additional member, the council may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.66B-ssec.3) The commissioner of the police service must comply with a request under subsection (1) or (2) .\n(sec.66B-ssec.4) However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.\n(sec.66B-ssec.5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.66B-ssec.6) The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.66B-ssec.7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":102},{"sectionNumber":"sec.66C","sectionType":"section","heading":"Delegation by Minister","content":"### sec.66C Delegation by Minister\n\nThe Minister may delegate the Minister’s power under section 66B (1) to an appropriately qualified officer of the department.\ns 66C ins 2005 No. 18 s 45","sortOrder":103},{"sectionNumber":"sec.66D","sectionType":"section","heading":"Requirement to disclose particular matters","content":"### sec.66D Requirement to disclose particular matters\n\nThis section applies if a person who is a member—\nis disqualified from managing corporations under the Corporations Act , part 2D .6; or\nis convicted of an indictable offence mentioned in section 24 (1) (i) or 32A (1) (b) .\nThe person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to—\nif the person is the chancellor when disqualified or convicted—the vice-chancellor; or\nif the person is an appointed member when disqualified or convicted—the Minister; or\notherwise—the chancellor.\nMaximum penalty—100 penalty units.\nThe notice must include the following information—\nif the notice is of the person’s disqualification—\nthe existence of the disqualification; and\nwhen the disqualification took effect; and\nsufficient details to identify the grounds for the disqualification;\nif the notice is of the person’s conviction—\nthe existence of the conviction; and\nwhen the offence was committed; and\nsufficient details to identify the offence; and\nthe sentence imposed on the person.\nThe Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.\ns 66D ins 2017 No. 36 s 20\namd 2017 No. 36 s 165 s ch 1 pt 2\n(sec.66D-ssec.1) This section applies if a person who is a member— is disqualified from managing corporations under the Corporations Act , part 2D .6; or is convicted of an indictable offence mentioned in section 24 (1) (i) or 32A (1) (b) .\n(sec.66D-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to— if the person is the chancellor when disqualified or convicted—the vice-chancellor; or if the person is an appointed member when disqualified or convicted—the Minister; or otherwise—the chancellor. Maximum penalty—100 penalty units.\n(sec.66D-ssec.3) The notice must include the following information— if the notice is of the person’s disqualification— the existence of the disqualification; and when the disqualification took effect; and sufficient details to identify the grounds for the disqualification; if the notice is of the person’s conviction— the existence of the conviction; and when the offence was committed; and sufficient details to identify the offence; and the sentence imposed on the person.\n(sec.66D-ssec.4) The Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.\n- (a) is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (b) is convicted of an indictable offence mentioned in section 24 (1) (i) or 32A (1) (b) .\n- (a) if the person is the chancellor when disqualified or convicted—the vice-chancellor; or\n- (b) if the person is an appointed member when disqualified or convicted—the Minister; or\n- (c) otherwise—the chancellor.\n- (a) if the notice is of the person’s disqualification— (i) the existence of the disqualification; and (ii) when the disqualification took effect; and (iii) sufficient details to identify the grounds for the disqualification;\n- (i) the existence of the disqualification; and\n- (ii) when the disqualification took effect; and\n- (iii) sufficient details to identify the grounds for the disqualification;\n- (b) if the notice is of the person’s conviction— (i) the existence of the conviction; and (ii) when the offence was committed; and (iii) sufficient details to identify the offence; and (iv) the sentence imposed on the person.\n- (i) the existence of the conviction; and\n- (ii) when the offence was committed; and\n- (iii) sufficient details to identify the offence; and\n- (iv) the sentence imposed on the person.\n- (i) the existence of the disqualification; and\n- (ii) when the disqualification took effect; and\n- (iii) sufficient details to identify the grounds for the disqualification;\n- (i) the existence of the conviction; and\n- (ii) when the offence was committed; and\n- (iii) sufficient details to identify the offence; and\n- (iv) the sentence imposed on the person.","sortOrder":104},{"sectionNumber":"sec.66E","sectionType":"section","heading":"Restrictions on disclosing protected information","content":"### sec.66E Restrictions on disclosing protected information\n\nThis section applies to a person who possesses protected information because the person is or was—\nthe Minister; or\na member; or\na person involved in the administration of this Act, including, for example, as a public service employee; or\na person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\nThe person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) .\nMaximum penalty—100 penalty units.\nThe person may disclose the protected information to another person—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not identify the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\nAlso, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions—\nthe council;\na committee of the council;\na member;\nanother person.\nIn this section—\nfunction includes power.\nperform , a function, includes exercise a power.\nprotected information means—\na report, or information contained in a report, given under section 66B ; or\na notice, or information contained in a notice, given under section 66D .\ns 66E ins 2017 No. 36 s 20\n(sec.66E-ssec.1) This section applies to a person who possesses protected information because the person is or was— the Minister; or a member; or a person involved in the administration of this Act, including, for example, as a public service employee; or a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\n(sec.66E-ssec.2) The person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) . Maximum penalty—100 penalty units.\n(sec.66E-ssec.3) The person may disclose the protected information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n(sec.66E-ssec.4) Also, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions— the council; a committee of the council; a member; another person.\n(sec.66E-ssec.5) In this section— function includes power. perform , a function, includes exercise a power. protected information means— a report, or information contained in a report, given under section 66B ; or a notice, or information contained in a notice, given under section 66D .\n- (a) the Minister; or\n- (b) a member; or\n- (c) a person involved in the administration of this Act, including, for example, as a public service employee; or\n- (d) a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under an Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the information relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not identify the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.\n- (a) the council;\n- (b) a committee of the council;\n- (c) a member;\n- (d) another person.\n- (a) a report, or information contained in a report, given under section 66B ; or\n- (b) a notice, or information contained in a notice, given under section 66D .","sortOrder":105},{"sectionNumber":"sec.67","sectionType":"section","heading":"Control of traffic and conduct on university land","content":"### sec.67 Control of traffic and conduct on university land\n\nSchedule 1 has effect.","sortOrder":106},{"sectionNumber":"sec.68","sectionType":"section","heading":"Regulation-making power","content":"### sec.68 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":107},{"sectionNumber":"sec.69","sectionType":"section","heading":"Repealed Act references","content":"### sec.69 Repealed Act references\n\nIn an Act or document, a reference to the Griffith University Act 1971 may, if the context permits, be taken to be a reference to this Act.","sortOrder":108},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":109},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Transitional provisions for the Education (Miscellaneous Amendments) Act 2002","content":"## Transitional provisions for the Education (Miscellaneous Amendments) Act 2002","sortOrder":110},{"sectionNumber":"sec.70","sectionType":"section","heading":"Definitions for div 1","content":"### sec.70 Definitions for div 1\n\nIn this division—\ncollege means a college established under section 39 of the pre-amended Act.\ncommencement means the commencement of the section in which the term is used.\nGold Coast college means the college established under the Griffith University Statute No. 1.1 (Establishment of a College of Griffith University) 1999 .\nGold Coast student body means the college student body established under the Griffith University Statute No. 1.4 (Establishment of a Student Representative Guild of a College of Griffith University at the Gold Coast) 1999 .\npre-amended Act means this Act as in force before the commencement of the Education (Miscellaneous Amendments) Act 2002 , part 7 .\ns 70 prev s 70 exp 13 March 2000 (see s 85)\npres s 70 ins 2002 No. 75 s 54\namd 2005 No. 18 s 165 sch","sortOrder":111},{"sectionNumber":"sec.71","sectionType":"section","heading":"Conduct of ballot for elected members","content":"### sec.71 Conduct of ballot for elected members\n\nA ballot under section 15(3) for elected members ( new members ) of the council must be conducted as soon as practicable after the commencement.\nSubsection (3) applies to a person who is an elected member immediately before the ballot is conducted.\nDespite section 19(1) and (2), the term of office of the member ends at the end of the day the new member who is the member’s successor is elected under the ballot.\nNo compensation is payable to a person because of subsection (3).\ns 71 prev s 71 exp 13 March 2000 (see s 85)\npres s 71 ins 2002 No. 75 s 54\n(sec.71-ssec.1) A ballot under section 15(3) for elected members ( new members ) of the council must be conducted as soon as practicable after the commencement.\n(sec.71-ssec.2) Subsection (3) applies to a person who is an elected member immediately before the ballot is conducted.\n(sec.71-ssec.3) Despite section 19(1) and (2), the term of office of the member ends at the end of the day the new member who is the member’s successor is elected under the ballot.\n(sec.71-ssec.4) No compensation is payable to a person because of subsection (3).","sortOrder":112},{"sectionNumber":"sec.72","sectionType":"section","heading":"When particular members’ term of office ends","content":"### sec.72 When particular members’ term of office ends\n\nThis section applies to a person who, immediately before the commencement, was a member mentioned in section 15(2)(e) of the pre-amended Act.\nDespite section 19(2) of the pre-amended Act, the term of office of the member ends on the commencement.\nNo compensation is payable to a person because of subsection (2).\ns 72 prev s 72 exp 13 March 2000 (see s 85)\npres s 72 ins 2002 No. 75 s 54\n(sec.72-ssec.1) This section applies to a person who, immediately before the commencement, was a member mentioned in section 15(2)(e) of the pre-amended Act.\n(sec.72-ssec.2) Despite section 19(2) of the pre-amended Act, the term of office of the member ends on the commencement.\n(sec.72-ssec.3) No compensation is payable to a person because of subsection (2).","sortOrder":113},{"sectionNumber":"sec.73","sectionType":"section","heading":"Continuation of Gold Coast student body","content":"### sec.73 Continuation of Gold Coast student body\n\nThe Gold Coast student body is continued as the student guild.\ns 73 prev s 73 exp 13 March 2000 (see s 85)\npres s 73 ins 2002 No. 75 s 54","sortOrder":114},{"sectionNumber":"sec.74","sectionType":"section","heading":"Student guild is legal successor","content":"### sec.74 Student guild is legal successor\n\nThe student guild is the successor in law of the Gold Coast student body.\ns 74 prev s 74 exp 13 March 2000 (see s 85)\npres s 74 ins 2002 No. 75 s 54","sortOrder":115},{"sectionNumber":"sec.75","sectionType":"section","heading":"Continuation of constitution","content":"### sec.75 Continuation of constitution\n\nSubsection (2) applies until the student guild’s constitution is approved under section 43(3).\nThe Gold Coast student body’s constitution in force immediately before the commencement is taken to be the student guild’s constitution.\ns 75 prev s 75 exp 13 March 2000 (see s 85)\npres s 75 ins 2002 No. 75 s 54\n(sec.75-ssec.1) Subsection (2) applies until the student guild’s constitution is approved under section 43(3).\n(sec.75-ssec.2) The Gold Coast student body’s constitution in force immediately before the commencement is taken to be the student guild’s constitution.","sortOrder":116},{"sectionNumber":"sec.76","sectionType":"section","heading":"Board members and office holders continue in office","content":"### sec.76 Board members and office holders continue in office\n\nThis section applies to a person who, immediately before the commencement—\nis a member of the board of the Gold Coast student body; or\nholds an office under the Gold Coast student body’s constitution.\nSubject to the student guild’s constitution, the person continues—\nas a member of the board of the student guild; or\nto hold the office under the student guild’s constitution.\ns 76 prev s 76 exp 13 March 2000 (see s 85)\npres s 76 ins 2002 No. 75 s 54\n(sec.76-ssec.1) This section applies to a person who, immediately before the commencement— is a member of the board of the Gold Coast student body; or holds an office under the Gold Coast student body’s constitution.\n(sec.76-ssec.2) Subject to the student guild’s constitution, the person continues— as a member of the board of the student guild; or to hold the office under the student guild’s constitution.\n- (a) is a member of the board of the Gold Coast student body; or\n- (b) holds an office under the Gold Coast student body’s constitution.\n- (a) as a member of the board of the student guild; or\n- (b) to hold the office under the student guild’s constitution.","sortOrder":117},{"sectionNumber":"sec.77","sectionType":"section","heading":"Assets and liabilities etc.","content":"### sec.77 Assets and liabilities etc.\n\nOn the commencement—\nthe assets and liabilities of the Gold Coast student body immediately before the commencement vest in the student guild; and\nany contracts entered into by or for the Gold Coast student body and all guarantees, undertakings and securities given by, for or to the Gold Coast student body, in force immediately before the commencement, are taken to have been entered into or given by, for or to the student guild and may be enforced against or by the student guild.\ns 77 prev s 77 exp 13 March 2000 (see s 85)\npres s 77 ins 2002 No. 75 s 54\n- (a) the assets and liabilities of the Gold Coast student body immediately before the commencement vest in the student guild; and\n- (b) any contracts entered into by or for the Gold Coast student body and all guarantees, undertakings and securities given by, for or to the Gold Coast student body, in force immediately before the commencement, are taken to have been entered into or given by, for or to the student guild and may be enforced against or by the student guild.","sortOrder":118},{"sectionNumber":"sec.78","sectionType":"section","heading":"Proceedings","content":"### sec.78 Proceedings\n\nThis section applies to a proceeding that—\nwas taken by or against either of the following before the commencement—\nthe Gold Coast student body;\na person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.\nFrom the commencement, the proceeding may be continued and finished by or against the student guild.\ns 78 prev s 78 exp 13 March 2000 (see s 85)\npres s 78 ins 2002 No. 75 s 54\n(sec.78-ssec.1) This section applies to a proceeding that— was taken by or against either of the following before the commencement— the Gold Coast student body; a person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.\n(sec.78-ssec.2) From the commencement, the proceeding may be continued and finished by or against the student guild.\n- (a) was taken by or against either of the following before the commencement— (i) the Gold Coast student body; (ii) a person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.\n- (i) the Gold Coast student body;\n- (ii) a person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.\n- (i) the Gold Coast student body;\n- (ii) a person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.","sortOrder":119},{"sectionNumber":"sec.79","sectionType":"section","heading":"References to Gold Coast student body","content":"### sec.79 References to Gold Coast student body\n\nA reference in an Act or document to the Gold Coast student body may, if the context permits, be taken as a reference to the student guild.\ns 79 prev s 79 exp 13 March 2000 (see s 85)\npres s 79 ins 2002 No. 75 s 54","sortOrder":120},{"sectionNumber":"sec.80","sectionType":"section","heading":"Dissolution of colleges","content":"### sec.80 Dissolution of colleges\n\nOn the commencement, each college is dissolved.\ns 80 prev s 80 exp 13 March 2000 (see s 85)\npres s 80 ins 2002 No. 75 s 54","sortOrder":121},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions for the University Legislation Amendment Act 2005","content":"## Transitional provisions for the University Legislation Amendment Act 2005","sortOrder":122},{"sectionNumber":"sec.81","sectionType":"section","heading":"Definitions for div 2","content":"### sec.81 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of the provision in which the term is used.\nnew additional members see section 87.\nnew appointed members see section 83(2).\npre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act 2005 , part 3 .\ns 81 prev s 81 exp 13 March 2000 (see s 85)\npres s 81 ins 2005 No. 18 s 47","sortOrder":123},{"sectionNumber":"sec.82","sectionType":"section","heading":"Continuation of official member","content":"### sec.82 Continuation of official member\n\nDespite section 13, a person who was an official member under section 13(2)(c) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start.\ns 82 prev s 82 exp 13 March 2000 (see s 85)\npres s 82 ins 2005 No. 18 s 47","sortOrder":124},{"sectionNumber":"sec.83","sectionType":"section","heading":"Appointment of new appointed members","content":"### sec.83 Appointment of new appointed members\n\nThe Minister must, within 1 year after the commencement, recommend to the Governor in Council 7 persons for appointment, under section 14(2), as appointed members.\nThe Governor in Council may appoint the persons as appointed members (the new appointed members ).\ns 83 prev s 83 exp 13 March 2000 (see s 85)\npres s 83 ins 2005 No. 18 s 47\n(sec.83-ssec.1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 7 persons for appointment, under section 14(2), as appointed members.\n(sec.83-ssec.2) The Governor in Council may appoint the persons as appointed members (the new appointed members ).","sortOrder":125},{"sectionNumber":"sec.84","sectionType":"section","heading":"Continuation, and term of office, of appointed members","content":"### sec.84 Continuation, and term of office, of appointed members\n\nThis section applies to a person who was an appointed member immediately before the commencement.\nDespite section 14(1), the person continues as an appointed member until—\nthe person’s term of office ends under subsection (3); or\nthe person’s office sooner becomes vacant.\nDespite section 18, the person’s term of office ends when the new appointed members’ terms of office start.\ns 84 prev s 84 exp 13 March 2000 (see s 85)\npres s 84 ins 2005 No. 18 s 47\n(sec.84-ssec.1) This section applies to a person who was an appointed member immediately before the commencement.\n(sec.84-ssec.2) Despite section 14(1), the person continues as an appointed member until— the person’s term of office ends under subsection (3); or the person’s office sooner becomes vacant.\n(sec.84-ssec.3) Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start.\n- (a) the person’s term of office ends under subsection (3); or\n- (b) the person’s office sooner becomes vacant.","sortOrder":126},{"sectionNumber":"sec.85","sectionType":"section","heading":"Continuation of elected members","content":"### sec.85 Continuation of elected members\n\nThis section applies to a person who was an elected member immediately before the commencement.\nDespite section 15(1) and (2), the person continues as an elected member until—\nthe person’s term of office ends under section 86; or\nthe person’s office sooner becomes vacant.\nDespite section 19(1) and (2), the person’s term of office is 3 years.\ns 85 prev s 85 exp 13 March 2000 (see s 85)\npres s 85 ins 2005 No. 18 s 47\n(sec.85-ssec.1) This section applies to a person who was an elected member immediately before the commencement.\n(sec.85-ssec.2) Despite section 15(1) and (2), the person continues as an elected member until— the person’s term of office ends under section 86; or the person’s office sooner becomes vacant.\n(sec.85-ssec.3) Despite section 19(1) and (2), the person’s term of office is 3 years.\n- (a) the person’s term of office ends under section 86; or\n- (b) the person’s office sooner becomes vacant.","sortOrder":127},{"sectionNumber":"sec.86","sectionType":"section","heading":"Ballot, and term of office, for elected members","content":"### sec.86 Ballot, and term of office, for elected members\n\nAt least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.\nSubsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.\nThe person’s term of office ends when the elected members mentioned in section 15(2)(a) of the post-amended Act are elected under the ballot.\nSubsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act.\nThe person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.\nSubsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.\nThe person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.\nSubsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.\nThe person’s term of office ends when the new additional members’ terms of office start.\nA person is taken to be elected under the ballot when the new appointed members’ terms of office start.\nDespite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.\nSubsections (3), (5), (7) and (9) apply despite section 85(3).\nIn this section—\npost-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 3 .\ns 86 ins 2005 No. 18 s 47\n(sec.86-ssec.1) At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.\n(sec.86-ssec.2) Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.\n(sec.86-ssec.3) The person’s term of office ends when the elected members mentioned in section 15(2)(a) of the post-amended Act are elected under the ballot.\n(sec.86-ssec.4) Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act.\n(sec.86-ssec.5) The person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.\n(sec.86-ssec.6) Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.\n(sec.86-ssec.7) The person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.\n(sec.86-ssec.8) Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.\n(sec.86-ssec.9) The person’s term of office ends when the new additional members’ terms of office start.\n(sec.86-ssec.10) A person is taken to be elected under the ballot when the new appointed members’ terms of office start.\n(sec.86-ssec.11) Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.\n(sec.86-ssec.12) Subsections (3), (5), (7) and (9) apply despite section 85(3).\n(sec.86-ssec.13) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 3 .","sortOrder":128},{"sectionNumber":"sec.87","sectionType":"section","heading":"Appointment of new additional members","content":"### sec.87 Appointment of new additional members\n\nThe council must, within 1 year after the commencement, appoint 4 persons as additional members (the new additional members ) under section 16.\ns 87 ins 2005 No. 18 s 47","sortOrder":129},{"sectionNumber":"sec.88","sectionType":"section","heading":"Continuation, and term of office, of additional members","content":"### sec.88 Continuation, and term of office, of additional members\n\nA person who was an additional member immediately before the commencement continues as an additional member until—\nthe person’s term of office ends under subsection (2); or\nthe person’s office sooner becomes vacant.\nDespite section 20, the person’s term of office ends when the new additional members’ terms of office start.\ns 88 ins 2005 No. 18 s 47\n(sec.88-ssec.1) A person who was an additional member immediately before the commencement continues as an additional member until— the person’s term of office ends under subsection (2); or the person’s office sooner becomes vacant.\n(sec.88-ssec.2) Despite section 20, the person’s term of office ends when the new additional members’ terms of office start.\n- (a) the person’s term of office ends under subsection (2); or\n- (b) the person’s office sooner becomes vacant.","sortOrder":130},{"sectionNumber":"sec.89","sectionType":"section","heading":"Council need not include additional members","content":"### sec.89 Council need not include additional members\n\nDespite section 12, the council need not include additional members before the new additional members’ terms of office start.\ns 89 ins 2005 No. 18 s 47","sortOrder":131},{"sectionNumber":"sec.90","sectionType":"section","heading":"Dealing with casual vacancy in office of elected member","content":"### sec.90 Dealing with casual vacancy in office of elected member\n\nThis section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 86(1) is conducted.\nFor appointing or electing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 3 , had not commenced.\ns 90 ins 2005 No. 18 s 47\n(sec.90-ssec.1) This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 86(1) is conducted.\n(sec.90-ssec.2) For appointing or electing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 3 , had not commenced.","sortOrder":132},{"sectionNumber":"sec.91","sectionType":"section","heading":"Constitution of council","content":"### sec.91 Constitution of council\n\nThis section applies until the new appointed members’ terms of office start.\nDespite section 17, the council is taken to be properly constituted when it has 15 or more members, whether they be additional, appointed, elected or official members.\ns 91 ins 2005 No. 18 s 47\n(sec.91-ssec.1) This section applies until the new appointed members’ terms of office start.\n(sec.91-ssec.2) Despite section 17, the council is taken to be properly constituted when it has 15 or more members, whether they be additional, appointed, elected or official members.","sortOrder":133},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Transitional provisions for University Legislation Amendment Act 2017","content":"## Transitional provisions for University Legislation Amendment Act 2017","sortOrder":134},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definition for division","content":"### sec.92 Definition for division\n\nIn this division—\nprevious , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 92 ins 2017 No. 36 s 114","sortOrder":135},{"sectionNumber":"sec.93","sectionType":"section","heading":"Particular references to council election","content":"### sec.93 Particular references to council election\n\nA reference in the following provisions to a council election includes a reference to a ballot under previous section 15(3)—\nsection 20A(2) and (3)(a);\nschedule 2, definition elected member .\ns 93 ins 2017 No. 36 s 114\n- (a) section 20A(2) and (3)(a);\n- (b) schedule 2, definition elected member .","sortOrder":136},{"sectionNumber":"sec.94","sectionType":"section","heading":"Repeal of university statutes","content":"### sec.94 Repeal of university statutes\n\nThis section applies to a university statute made under previous section 61 that was in force immediately before the commencement.\nTo remove any doubt, it is declared that, on the commencement, the university statute is repealed.\ns 94 ins 2017 No. 36 s 114\n(sec.94-ssec.1) This section applies to a university statute made under previous section 61 that was in force immediately before the commencement.\n(sec.94-ssec.2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed.","sortOrder":137},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":138},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Appointment","content":"### sch.1-sec.1 Appointment\n\nThe vice-chancellor may, in writing, appoint a person who the vice-chancellor is satisfied has the necessary training, or knowledge and experience, to be an authorised person under this Act.","sortOrder":139},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Limitation of authorised person’s powers","content":"### sch.1-sec.2 Limitation of authorised person’s powers\n\nThe powers of an authorised person may be limited—\nunder a condition of appointment; or\nby notice of the vice-chancellor given to the authorised person.\nNotice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.\nsch 1 pt 1 s 2 amd 2005 No. 18 s 165 sch\n(sch.1-sec.2-ssec.1) The powers of an authorised person may be limited— under a condition of appointment; or by notice of the vice-chancellor given to the authorised person.\n(sch.1-sec.2-ssec.2) Notice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.\n- (a) under a condition of appointment; or\n- (b) by notice of the vice-chancellor given to the authorised person.","sortOrder":140},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Terms of appointment","content":"### sch.1-sec.3 Terms of appointment\n\nAn authorised person holds office on the conditions stated in the instrument of appointment.\nAn authorised person—\nif the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and\nmay resign by signed notice given to the vice-chancellor.\n(sch.1-sec.3-ssec.1) An authorised person holds office on the conditions stated in the instrument of appointment.\n(sch.1-sec.3-ssec.2) An authorised person— if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and may resign by signed notice given to the vice-chancellor.\n- (a) if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and\n- (b) may resign by signed notice given to the vice-chancellor.","sortOrder":141},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Identity cards","content":"### sch.1-sec.4 Identity cards\n\nThe vice-chancellor must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photograph of the authorised person; and\nbe in a form approved by the vice-chancellor; and\nbe signed by the authorised person.\nA person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it.\nMaximum penalty for subsection (3) —10 penalty units.\n(sch.1-sec.4-ssec.1) The vice-chancellor must issue an identity card to each authorised person.\n(sch.1-sec.4-ssec.2) The identity card must— contain a recent photograph of the authorised person; and be in a form approved by the vice-chancellor; and be signed by the authorised person.\n(sch.1-sec.4-ssec.3) A person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3) —10 penalty units.\n- (a) contain a recent photograph of the authorised person; and\n- (b) be in a form approved by the vice-chancellor; and\n- (c) be signed by the authorised person.","sortOrder":142},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Proof of authority","content":"### sch.1-sec.5 Proof of authority\n\nAn authorised person may exercise a power under this Act in relation to someone else only if the authorised person—\nfirst produces his or her identity card for inspection by the other person; or\nhas his or her identity card displayed so that it is clearly visible.\nIf, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.\nIf subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .\n(sch.1-sec.5-ssec.1) An authorised person may exercise a power under this Act in relation to someone else only if the authorised person— first produces his or her identity card for inspection by the other person; or has his or her identity card displayed so that it is clearly visible.\n(sch.1-sec.5-ssec.2) If, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.\n(sch.1-sec.5-ssec.3) If subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .\n- (a) first produces his or her identity card for inspection by the other person; or\n- (b) has his or her identity card displayed so that it is clearly visible.","sortOrder":143},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Traffic control","content":"# Traffic control","sortOrder":144},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Persons authorised to control traffic on university’s land","content":"### sch.1-sec.6 Persons authorised to control traffic on university’s land\n\nAn authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.\nA person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty for subsection (2) —10 penalty units.\n(sch.1-sec.6-ssec.1) An authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.\n(sch.1-sec.6-ssec.2) A person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (2) —10 penalty units.","sortOrder":145},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Regulatory notice","content":"### sch.1-sec.7 Regulatory notice\n\nThe university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example—\nfixing a maximum speed limit; or\nindicating a pedestrian crossing; or\nindicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.\nA person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\nA regulatory notice—\nmust state the limits of the area to which the notice applies; and\nmay state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\nWithout limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.\nEvidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.\nA regulatory notice erected or displayed under this section must be easily visible to passers-by.\n(sch.1-sec.7-ssec.1) The university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example— fixing a maximum speed limit; or indicating a pedestrian crossing; or indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.\n(sch.1-sec.7-ssec.2) A person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.\n(sch.1-sec.7-ssec.3) A regulatory notice— must state the limits of the area to which the notice applies; and may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\n(sch.1-sec.7-ssec.4) Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.\n(sch.1-sec.7-ssec.5) Evidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.\n(sch.1-sec.7-ssec.6) A regulatory notice erected or displayed under this section must be easily visible to passers-by.\n- (a) fixing a maximum speed limit; or\n- (b) indicating a pedestrian crossing; or\n- (c) indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.\n- (a) must state the limits of the area to which the notice applies; and\n- (b) may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.","sortOrder":146},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Information notices","content":"### sch.1-sec.8 Information notices\n\nThis section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\nThe university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.\nAn information notice may contain any other information the vice-chancellor considers appropriate.\nAn information notice erected or displayed under this section must be easily visible to passers-by.\nIn this section—\nregulatory notice does not include an official traffic sign.\n(sch.1-sec.8-ssec.1) This section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\n(sch.1-sec.8-ssec.2) The university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.\n(sch.1-sec.8-ssec.3) An information notice may contain any other information the vice-chancellor considers appropriate.\n(sch.1-sec.8-ssec.4) An information notice erected or displayed under this section must be easily visible to passers-by.\n(sch.1-sec.8-ssec.5) In this section— regulatory notice does not include an official traffic sign.","sortOrder":147},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Removal and detention of illegally parked or abandoned vehicles","content":"### sch.1-sec.9 Removal and detention of illegally parked or abandoned vehicles\n\nAn authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds—\nis parked in contravention of a regulatory notice; or\nis abandoned.\nThe vehicle must be held at a safe place.\nAn authorised person may exercise the powers given under subsection (1) (a) only if—\nthe authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and\nthe authorised person—\ncan not immediately locate the driver of the vehicle; or\nbelieves on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\nAs soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.\nIf the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.\nIf the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.\nIn this section—\nvehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\nsch 1 pt 2 s 9 amd 2005 No. 18 s 165 sch\n(sch.1-sec.9-ssec.1) An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds— is parked in contravention of a regulatory notice; or is abandoned.\n(sch.1-sec.9-ssec.2) The vehicle must be held at a safe place.\n(sch.1-sec.9-ssec.3) An authorised person may exercise the powers given under subsection (1) (a) only if— the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and the authorised person— can not immediately locate the driver of the vehicle; or believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n(sch.1-sec.9-ssec.4) As soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.\n(sch.1-sec.9-ssec.5) If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.\n(sch.1-sec.9-ssec.6) If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.\n(sch.1-sec.9-ssec.7) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n- (a) is parked in contravention of a regulatory notice; or\n- (b) is abandoned.\n- (a) the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and\n- (b) the authorised person— (i) can not immediately locate the driver of the vehicle; or (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n- (i) can not immediately locate the driver of the vehicle; or\n- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n- (i) can not immediately locate the driver of the vehicle; or\n- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.","sortOrder":148},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Disposal of unclaimed vehicles","content":"### sch.1-sec.10 Disposal of unclaimed vehicles\n\nThis section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .\nAfter publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.\nThe notice must—\nidentify the vehicle; and\nstate that the vehicle is to be sold by auction; and\nstate how the owner may recover the vehicle before the auction; and\nstate the time and place of the auction.\nCompensation is not recoverable against the university for the sale of a vehicle under this section.\nIn this section—\nvehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n(sch.1-sec.10-ssec.1) This section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .\n(sch.1-sec.10-ssec.2) After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.\n(sch.1-sec.10-ssec.3) The notice must— identify the vehicle; and state that the vehicle is to be sold by auction; and state how the owner may recover the vehicle before the auction; and state the time and place of the auction.\n(sch.1-sec.10-ssec.4) Compensation is not recoverable against the university for the sale of a vehicle under this section.\n(sch.1-sec.10-ssec.5) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n- (a) identify the vehicle; and\n- (b) state that the vehicle is to be sold by auction; and\n- (c) state how the owner may recover the vehicle before the auction; and\n- (d) state the time and place of the auction.","sortOrder":149},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Application of proceeds of sale","content":"### sch.1-sec.11 Application of proceeds of sale\n\nThe proceeds of the sale must be applied in the following order—\nin payment of the reasonable expenses incurred in the sale;\nin payment of the reasonable cost of seizing, removing and holding the vehicle;\nif there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nin payment of any balance to the owner.\nCompensation is not recoverable against the university for a payment under this section.\nsch 1 pt 2 s 11 amd 2010 No. 44 s 74\n(sch.1-sec.11-ssec.1) The proceeds of the sale must be applied in the following order— in payment of the reasonable expenses incurred in the sale; in payment of the reasonable cost of seizing, removing and holding the vehicle; if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the owner.\n(sch.1-sec.11-ssec.2) Compensation is not recoverable against the university for a payment under this section.\n- (a) in payment of the reasonable expenses incurred in the sale;\n- (b) in payment of the reasonable cost of seizing, removing and holding the vehicle;\n- (c) if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (d) in payment of any balance to the owner.","sortOrder":150},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Conduct on university land","content":"# Conduct on university land","sortOrder":151},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Conduct causing a public nuisance","content":"### sch.1-sec.12 Conduct causing a public nuisance\n\nA person must not be disorderly or create a disturbance on the university’s land.\nMaximum penalty—20 penalty units.","sortOrder":152},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Power to deal with persons causing a public nuisance","content":"### sch.1-sec.13 Power to deal with persons causing a public nuisance\n\nThis section applies if an authorised person—\nfinds a person contravening section 12 ; or\nfinds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or\nhas information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or\nreasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\nhas information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\nreasonably believes that a person is on the land without lawful justification or excuse.\nThe authorised person may direct the person to leave the university’s land or a part of the university’s land.\nA person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\n(sch.1-sec.13-ssec.1) This section applies if an authorised person— finds a person contravening section 12 ; or finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or reasonably believes that a person is on the land without lawful justification or excuse.\n(sch.1-sec.13-ssec.2) The authorised person may direct the person to leave the university’s land or a part of the university’s land.\n(sch.1-sec.13-ssec.3) A person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.\n- (a) finds a person contravening section 12 ; or\n- (b) finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or\n- (c) has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or\n- (d) reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\n- (e) has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\n- (f) reasonably believes that a person is on the land without lawful justification or excuse.","sortOrder":153}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3616},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"While the Act remains constitutionally focused on Griffith University, it has expanded significantly beyond simple establishment. The original 1998 framework has accumulated detailed regulatory machinery including: campus traffic enforcement and vehicle impoundment powers (Schedule 1, Part 2); complex student corporate governance structures with constitutional approval requirements (Part 4); prescriptive election policies with integrity safeguards (section 26AA, added 2017); and elaborate criminal history checking and protected information disclosure regimes for officeholders (sections 66B-66E). The Act has evolved from a basic university constitution into a detailed administrative code covering micro-governance aspects of campus life."},"complexity_factors":["Four-tier Council membership structure (official, appointed, elected, additional) with distinct appointment methods, terms of office (ranging from 2 to 4 years), and eligibility criteria","Nested conditional logic for filling casual vacancies (section 20A) requiring cascading checks for runner-up candidates, alternative appointment pathways, and deemed election status","Multi-layered disqualification and restoration regime (sections 23-26, 32A) with exceptions for corporate disqualification and indictable offences, subject to Ministerial or Council discretion","Extensive external cross-referencing to at least 6 other Acts including the Corporations Act (specifically parts 2D.1, 2D.6, 5.7, 5.7B), Land Act 1994, Financial Accountability Act 2009, and Personal Property Securities Act 2009","Three separate transitional divisions in Part 8 preserving pre-2002, pre-2005, and pre-2017 governance arrangements with complex phase-in mechanics for council elections","Delegation chains allowing Council to delegate to Vice-Chancellor who may then sub-delegate to staff (section 11(3)), overlapping with direct Vice-Chancellor delegation powers","Prescriptive election integrity requirements (section 26AA) mandating specific policy content including secret ballots, voter authentication, and complaint resolution procedures","Trust modification scheme (sections 46-50) with specific statutory conditions for altering donor purposes, notification requirements to the Registrar of Titles, and protection clauses for scheme validity"],"plain_english_summary":"The **Griffith University Act 1998** is the legal rulebook that creates Griffith University and sets out how it is run.\n\n**What it does**\n- **Creates the University**: Establishes Griffith University as an independent legal entity (a \"body corporate\") that can own property, sign contracts, go to court, and operate commercial ventures like any other legal person.\n- **Defines the mission**: Requires the University to provide higher education, conduct research, award degrees, and serve the Brisbane, Gold Coast and Logan communities.\n- **Sets up the governing Council**: Creates an 18-member Council as the University's governing body. It includes:\n  - **Official members**: The Chancellor (chair) and Vice-Chancellor (chief executive)\n  - **Appointed members**: 7 people chosen by the Queensland Government (Governor in Council)\n  - **Elected members**: 5 people chosen by staff and students (2 academic staff, 1 general staff, 1 undergraduate, 1 postgraduate)\n  - **Additional members**: 4 people chosen by the Council itself, including at least 2 graduates\n- **Establishes student representation**: Creates the Griffith University Student Representative Council and the Gold Coast Student Guild as separate legal bodies to represent student interests.\n- **Manages money and property**: Allows the University to set up trust funds, pool investments, and deal with State land. It also contains a \"cy-près\" power (allowing the University to redirect old donations to new purposes if the original purpose is impossible or outdated).\n- **Controls campus behaviour**: Allows the University to appoint authorised officers to direct traffic, tow illegally parked cars, and remove people causing disturbances on University land.\n- **Sets rules for officeholders**: Details who is eligible to serve on the Council or as Chancellor/Vice-Chancellor, how they can be removed for misconduct, and requires criminal history checks for certain positions.\n\n**Why it matters**\nThis Act affects anyone who studies at, works at, or does business with Griffith University. It determines who makes decisions, how students and staff participate in governance, what the University can legally do with its money and property, and how order is maintained on campus."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded beyond its original 1998 intent. Amendments in 2002, 2005, and 2017 added: a Gold Coast Student Guild (splitting what was one student body into two geographically-defined bodies); detailed conduct obligations and removal powers for council members and senior officers; formal criminal history check procedures; a structured election policy framework; protected information and disclosure obligations; and provisions allowing the Minister to extend council terms. The original Act focused on establishing the university's basic structure, but subsequent amendments added a much more detailed corporate governance and accountability regime."},"complexity_factors":["Multiple interlocking categories of council membership (official, appointed, elected, additional) with different rules for each","Complex vacancy and casual vacancy rules with cascading conditions and cross-references between sections","Discretionary reinstatement provisions for convicted members that differ depending on which type of member is involved (Minister decides for appointed members, council decides for others)","Interaction with multiple external legislative frameworks including the Corporations Act, Land Act 1994, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, and Criminal Law (Rehabilitation of Offenders) Act 1986","Nuanced trust and property provisions allowing the university to redirect donated funds under specified conditions","Separate governance frameworks for two distinct student bodies (Student Representative Council and Gold Coast Student Guild) with parallel but not identical rules","Election policy framework that delegates significant detail to internal university policy-making rather than specifying it in the Act","Criminal disclosure obligations with penalty units and specific notification chains depending on who is convicted","Protected information provisions with multiple permitted disclosure exceptions","Multiple amendment histories across different years creating layered provisions that are difficult to read as a coherent whole"],"plain_english_summary":"## Griffith University Act 1998 — What It Does and Who It Affects\n\n### What This Law Is About\nThis Queensland law formally creates **Griffith University** as a legal institution and sets out all the rules for how it must operate. Think of it as the university's founding constitution — without this Act, the university wouldn't legally exist.\n\n### Who It Affects\n- **Students** at Griffith (Brisbane, Gold Coast, and Logan campuses)\n- **Staff** (academic and general)\n- **Council members** who govern the university\n- **The Chancellor and Vice-Chancellor** (top leadership)\n- **The Queensland Government**, which has oversight powers\n- **Donors** who give property or money to the university\n- **Businesses and corporations** that work with the university\n\n### Key Things This Law Does\n\n**1. Creates the University**\nGriffith University is established as a *body corporate* (a legally recognised entity that can own property, sign contracts, and be sued, just like a person or company).\n\n**2. Sets Up the Governing Council**\nThe university is run by a council made up of:\n- **2 official members** (the Chancellor and Vice-Chancellor — the top two leaders)\n- **7 appointed members** (chosen by the Governor in Council, i.e., the State Government)\n- **5 elected members** (2 academic staff, 1 general staff, 1 undergraduate student, 1 postgraduate student)\n- **4 additional members** (chosen by the council itself, at least 2 must be university graduates)\n\nThe council needs at least 11 members present to be properly functioning.\n\n**3. Defines Who Can and Can't Serve on the Council**\nPeople are **banned** from joining the council if they:\n- Are disqualified from running companies under corporate law\n- Have been convicted of a serious (*indictable*) criminal offence\n- Would serve more than 12 years total on the council\n\nThere are discretionary exceptions — the Minister (for government-appointed members) or the council itself can reinstate someone convicted of an offence if the circumstances warrant it.\n\n**4. Establishes Elections for Council Members**\nThe council must create a detailed *election policy* (a set of rules) covering how staff and student members are voted in, including secret ballots, complaint processes, and preventing voter fraud.\n\n**5. Sets Rules for Council Conduct**\nCouncil members must:\n- Act honestly in the university's best interests\n- Declare conflicts of interest\n- Not misuse their position for personal gain\n\nThe council can remove a member who breaks these rules if at least 12 of its members agree.\n\n**6. Creates Student Bodies**\nTwo separate student organisations are created:\n- **Griffith University Student Representative Council** — for students NOT at the Gold Coast campus\n- **Gold Coast Student Guild** — for Gold Coast campus students\n\nBoth are independent legal entities with their own powers, but their constitutions must be approved by the university council.\n\n**7. Manages University Property and Money**\n- Revenue must be used for university purposes only\n- The university can change the terms of donated property (a *trust*) if the original purpose is no longer achievable\n- The university can invest pooled funds together to maximise returns\n- State-owned land can only be leased, not sold, by the university\n\n**8. Allows Commercial Activity**\nThe university can commercialise its research and knowledge — for example, by forming companies, licensing technology, or partnering with businesses — as long as it's for the university's benefit.\n\n**9. Criminal History Checks**\nBefore appointing council members, the Minister or council can ask police for a criminal history check — but only with the person's written consent.\n\n**10. Protects Council Members from Personal Lawsuits**\nIf a council member acts honestly and without negligence, they personally can't be sued. The university itself would be liable instead."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as provided includes amendments and new regimes that expand and refine the university’s governance and operational scope compared with a simple establishing statute.  Notable scope extensions in the current text: explicit power to form or manage corporations and to commercialise university outputs despite the Corporations Act (s.65); broad property and leasing discretions including trustee leases up to 100 years and a wide reading of ‘university’ purpose for State land (s.53(2)–(5)); an investment common fund regime for collective investment of trust funds (s.57); a formalised election policy and secure voting requirements for Council elections (s.26AA–s.26AC); strengthened member conduct, disclosure and criminal‑history checking processes with retention/destruction rules (s.26A; s.66B; s.66D; s.66E); and new operational enforcement powers on university land (schedule 1).  The Act also gives the Minister and Council specific discretionary powers to extend terms, remove or restore members and officers (s.25–s.26C, s.32A–s.32C).  These provisions change the operational and commercial reach of the university and increase administrative and compliance responsibilities for both the university and individuals under the Act."},"complexity_factors":["Multiple membership classes on the Council with differing appointment/election routes, terms and vacancy rules (s.12–s.20A, s.21)","Significant delegated discretion between Council and Minister (removal powers s.26B, s.32B; Ministerial extension s.26C; restoration powers s.25–s.26)","Detailed election governance requirements and interaction with election policy (s.26AA–s.26AC) creating procedural complexity","Property and trust modification regime requiring written schemes and notification (s.46–s.50) with financial implications","Commercial powers to form corporations and exploit university resources despite Corporations Act (s.65) introducing enterprise‑level and regulatory interaction complexity","Operational enforcement and property recovery mechanics in Schedule 1 (authorised persons, regulatory notices, vehicle seizure and sale procedures) with penalty and notice requirements","Interaction with other statutes and financial regimes (Financial Accountability Act s.54; Statutory Bodies Financial Arrangements Act s.55; Land Act application s.53)","Record and privacy obligations tied to criminal history checks and disclosure with mandatory destruction provisions (s.66B, s.66D, s.66E)","Transitional provisions and amendment history embedded in the Act (multiple insertions and repeals across years) affecting interpretation (pt.8)","Limited immunity and liability allocation for members and the university (s.66A) creating legal‑risk considerations"],"plain_english_summary":"Grants Griffith University statutory corporate status with power to provide education and research, hold property, confer awards, run commercial activities and form corporate vehicles. It creates a governing Council with appointment, conduct and election rules, financial controls, and powers to re‑direct gifts. The Act also authorises campus enforcement (parking, directions, offences). It affects university leaders, staff, students, donors and visitors by changing governance, disclosure, commercialisation and on‑campus behaviour."}},"importantCases":[],"_links":{"self":"/api/acts/griffith-university-act-1998","history":"/api/acts/griffith-university-act-1998/history","analysis":"/api/acts/griffith-university-act-1998/analysis","conflicts":"/api/acts/griffith-university-act-1998/conflicts","importantCases":"/api/acts/griffith-university-act-1998/important-cases","documents":"/api/acts/griffith-university-act-1998/documents"}}