{"id":"qld:act-1997-045","name":"James Cook University Act 1997","slug":"james-cook-university-act-1997","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"45 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104685,"registerId":"qld-act-1997-045-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 James Cook University Act 1997 .","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&#160;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 James Cook 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 James Cook 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, in subjects of special importance to the people of the tropics; and\nto encourage study and research generally and, in particular, in subjects of special importance to the people of the tropics; and\nto provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and\nto confer higher education awards; and\nto disseminate knowledge and promote scholarship; and\nto provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and\nto exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and\nto perform other functions given to the university under this or another Act.\ns&#160;5 amd 1999 No.&#160;81 s&#160;42\n- (a) to provide education at university standard; and\n- (b) to provide facilities for study and research generally and, in particular, in subjects of special importance to the people of the tropics; and\n- (c) to encourage study and research generally and, in particular, in subjects of special importance to the people of the tropics; and\n- (d) to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and\n- (e) to confer higher education awards; and\n- (ea) to disseminate knowledge and promote scholarship; and\n- (eb) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and\n- (f) 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- (g) 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&#160;(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&#160;(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&#160;(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&#160;(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&#160;(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&#160;(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\na committee consisting of appropriately qualified persons, but which must include 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&#160;(1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.\ns&#160;11 amd 2005 No.&#160;18 s&#160;50 ; 2017 No.&#160;36 s&#160;23\n(sec.11-ssec.1) The council may delegate its powers under this Act to— an appropriately qualified member of the council; or a committee consisting of appropriately qualified persons, but which must include 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&#160;(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) a committee consisting of appropriately qualified persons, but which must include 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.11A","sectionType":"section","heading":null,"content":"### Section sec.11A\n\ns&#160;11A ins 2017 No.&#160;36 s&#160;25\nom 2026 No.&#160;6 s&#160;9C","sortOrder":16},{"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&#160;12 sub 2005 No.&#160;18 s&#160;51\namd 2026 No.&#160;6 s&#160;9D","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Official members","content":"### sec.13 Official members\n\nThe official members are—\nthe chancellor; and\nthe vice-chancellor; and\nif the chairperson is not the vice-chancellor—the chairperson.\ns&#160;13 sub 2017 No.&#160;36 s&#160;26\n- (a) the chancellor; and\n- (b) the vice-chancellor; and\n- (c) if the chairperson is not the vice-chancellor—the chairperson.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Appointed members","content":"### sec.14 Appointed members\n\nThere are 6 appointed members.\nThe Governor in Council is to appoint the appointed members.\ns&#160;14 amd 2005 No.&#160;18 s&#160;52 ; 2026 No.&#160;6 s&#160;9E\n(sec.14-ssec.1) There are 6 appointed members.\n(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.","sortOrder":19},{"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 of the university; and\n1 member of the professional and technical staff of the university; and\n1 undergraduate student; and\n1 postgraduate student.\nEach elected member is to be elected at a council election.\ns&#160;15 amd 2005 No.&#160;18 s&#160;53 ; 2009 No.&#160;40 s&#160;41 ; 2017 No.&#160;36 s&#160;27 ; 2026 No.&#160;6 s&#160;9F\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 of the university; and 1 member of the professional and technical staff of the university; and 1 undergraduate student; and 1 postgraduate student.\n(sec.15-ssec.3) Each elected member is to be elected at a council election.\n- (a) 2 members of the academic staff of the university; and\n- (b) 1 member of the professional and technical staff of the university; and\n- (c) 1 undergraduate student; and\n- (d) 1 postgraduate student.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Additional members","content":"### sec.16 Additional members\n\nThere are 2 additional members.\nThe council must appoint the additional members.\nAn additional member must not be a member of the university’s staff or a student.\ns&#160;16 sub 2005 No.&#160;18 s&#160;54\namd 2017 No.&#160;36 s&#160;28\nsub 2026 No.&#160;6 s&#160;9G\n(sec.16-ssec.1) There are 2 additional members.\n(sec.16-ssec.2) The council must appoint the additional members.\n(sec.16-ssec.3) An additional member must not be a member of the university’s staff or a student.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"When council is taken to be properly constituted","content":"### sec.17 When council is taken to be properly constituted\n\nThe council is taken to be properly constituted if the total number of members holding office under this division is—\nif there is an official member under section&#160;13 (c) —at least 9; or\notherwise—at least 8.\nFor subsection&#160;(1) , it does not matter whether the members are official, appointed, elected or additional members.\ns&#160;17 amd 2005 No.&#160;18 s&#160;55\nsub 2017 No.&#160;36 s&#160;29\namd 2026 No.&#160;6 s&#160;9H\n(sec.17-ssec.1) The council is taken to be properly constituted if the total number of members holding office under this division is— if there is an official member under section&#160;13 (c) —at least 9; or otherwise—at least 8.\n(sec.17-ssec.2) For subsection&#160;(1) , it does not matter whether the members are official, appointed, elected or additional members.\n- (a) if there is an official member under section&#160;13 (c) —at least 9; or\n- (b) otherwise—at least 8.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Appointed member’s term of office","content":"### sec.18 Appointed member’s term of office\n\nAn appointed member is to be appointed for a term of not more than 4 years.\ns&#160;18 amd 2005 No.&#160;18 s&#160;56","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Elected member’s term of office","content":"### sec.19 Elected member’s term of office\n\nAn elected member mentioned in section&#160;15 (2) (a) or (b) holds office for 4 years.\nAn elected member mentioned in section&#160;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&#160;(a) does not apply—the day after the day when the term of office of the member’s predecessor ends.\ns&#160;19 amd 2005 No.&#160;18 s&#160;57 ; 2026 No.&#160;6 s&#160;9I\n(sec.19-ssec.1) An elected member mentioned in section&#160;15 (2) (a) or (b) holds office for 4 years.\n(sec.19-ssec.2) An elected member mentioned in section&#160;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&#160;(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&#160;(a) does not apply—the day after the day when the term of office of the member’s predecessor ends.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Additional member’s term of office","content":"### sec.20 Additional member’s term of office\n\nAn additional member is to be appointed for a term of not more than 4 years decided by the council.\ns&#160;20 sub 2005 No.&#160;18 s&#160;58\namd 2026 No.&#160;6 s&#160;9J","sortOrder":25},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Dealing with casual vacancy in office of an elected member","content":"### sec.20A Dealing with casual vacancy in office of an elected member\n\nThis section applies if a casual vacancy arises in the office of an elected member.\nIf the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—\nwas a candidate for the office in the council election; and\nwas not elected; and\nreceived the highest number of votes of all the candidates who were not elected; and\nis eligible, under this Act, to be a member; and\nis willing to be, and available to perform the functions of, a member.\nSubsection&#160;(4) applies if—\nthe elected member was not elected at a council election; or\nno-one is eligible for appointment under subsection&#160;(2) .\nA person is to be elected to the office at a council election.\nDespite subsection&#160;(4) , if the elected member was an undergraduate or postgraduate student, the council may appoint a student of that type to the office.\nA person appointed under subsection&#160;(2) or (5) is taken, other than for subsection&#160;(2) or (3) (a) , to have been elected at a council election.\ns&#160;20A ins 2002 No.&#160;75 s&#160;57\namd 2005 No.&#160;18 s&#160;59 ; 2017 No.&#160;36 s&#160;30 ; 2026 No.&#160;6 s&#160;9K\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&#160;(4) applies if— the elected member was not elected at a council election; or no-one is eligible for appointment under subsection&#160;(2) .\n(sec.20A-ssec.4) A person is to be elected to the office at a council election.\n(sec.20A-ssec.5) Despite subsection&#160;(4) , if the elected member was an undergraduate or postgraduate student, the council may appoint a student of that type to the office.\n(sec.20A-ssec.6) A person appointed under subsection&#160;(2) or (5) is taken, other than for subsection&#160;(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&#160;(2) .","sortOrder":26},{"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&#160;15 (2) (a) or (b) (each a relevant class ) to comply with section&#160;15 (2) ; or\na person is not elected for a class of elected members mentioned in section&#160;15 (2) (c) or (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&#160;15 (2) .\nThe council may, if asked by the Minister, nominate a person for appointment under subsection&#160;(2) .\nA person appointed under subsection&#160;(2) is taken, other than for section&#160;20A (2) or (3) (a) , to have been elected at a council election for the relevant class.\nThis section applies to the periodic election of members and an election required because of a casual vacancy.\nIn this section—\nrelevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.\ns&#160;21 amd 2002 No.&#160;75 s&#160;58\nsub 2005 No.&#160;18 s&#160;59A ; 2017 No.&#160;36 s&#160;31\namd 2026 No.&#160;6 s&#160;9L\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&#160;15 (2) (a) or (b) (each a relevant class ) to comply with section&#160;15 (2) ; or a person is not elected for a class of elected members mentioned in section&#160;15 (2) (c) or (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&#160;15 (2) .\n(sec.21-ssec.3) The council may, if asked by the Minister, nominate a person for appointment under subsection&#160;(2) .\n(sec.21-ssec.4) A person appointed under subsection&#160;(2) is taken, other than for section&#160;20A (2) or (3) (a) , to have been elected at a council election for the relevant class.\n(sec.21-ssec.5) This section applies to the periodic election of members and an election required because of a casual vacancy.\n(sec.21-ssec.6) In this section— relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.\n- (a) insufficient persons are elected for a class of elected members mentioned in section&#160;15 (2) (a) or (b) (each a relevant class ) to comply with section&#160;15 (2) ; or\n- (b) a person is not elected for a class of elected members mentioned in section&#160;15 (2) (c) or (d) (also each a relevant class ).","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Casual vacancies","content":"### sec.22 Casual vacancies\n\nA person appointed or elected to fill a casual vacancy in the office of a member is appointed or elected for the balance of the term of office of the person’s predecessor.\ns&#160;22 amd 2002 No.&#160;75 s&#160;74 sch","sortOrder":28},{"sectionNumber":"pt.2-div.3A","sectionType":"division","heading":null,"content":"","sortOrder":29},{"sectionNumber":"sec.22A","sectionType":"section","heading":null,"content":"### Section sec.22A\n\ns&#160;22A ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":30},{"sectionNumber":"sec.22B","sectionType":"section","heading":null,"content":"### Section sec.22B\n\ns&#160;22B ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":31},{"sectionNumber":"sec.22C","sectionType":"section","heading":null,"content":"### Section sec.22C\n\ns&#160;22C ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":32},{"sectionNumber":"sec.22D","sectionType":"section","heading":null,"content":"### Section sec.22D\n\ns&#160;22D ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":33},{"sectionNumber":"sec.22E","sectionType":"section","heading":null,"content":"### Section sec.22E\n\ns&#160;22E ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":34},{"sectionNumber":"sec.22F","sectionType":"section","heading":null,"content":"### Section sec.22F\n\ns&#160;22F ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":35},{"sectionNumber":"sec.22G","sectionType":"section","heading":null,"content":"### Section sec.22G\n\ns&#160;22G ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":36},{"sectionNumber":"sec.22H","sectionType":"section","heading":null,"content":"### Section sec.22H\n\ns&#160;22H ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":37},{"sectionNumber":"sec.22I","sectionType":"section","heading":null,"content":"### Section sec.22I\n\ns&#160;22I ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":38},{"sectionNumber":"sec.22J","sectionType":"section","heading":null,"content":"### Section sec.22J\n\n22J ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":39},{"sectionNumber":"sec.22K","sectionType":"section","heading":null,"content":"### Section sec.22K\n\n22K ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":40},{"sectionNumber":"sec.22L","sectionType":"section","heading":null,"content":"### Section sec.22L\n\n22L ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":41},{"sectionNumber":"sec.22M","sectionType":"section","heading":null,"content":"### Section sec.22M\n\n22M ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":42},{"sectionNumber":"sec.22N","sectionType":"section","heading":null,"content":"### Section sec.22N\n\n22N ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":43},{"sectionNumber":"sec.22O","sectionType":"section","heading":null,"content":"### Section sec.22O\n\n22O ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":44},{"sectionNumber":"sec.22P","sectionType":"section","heading":null,"content":"### Section sec.22P\n\n22P ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":45},{"sectionNumber":"sec.22Q","sectionType":"section","heading":null,"content":"### Section sec.22Q\n\n22Q ins 2017 No.&#160;36 s&#160;32\nom 2026 No.&#160;6 s&#160;9M","sortOrder":46},{"sectionNumber":"pt.2-div.3B","sectionType":"division","heading":"Matters relating to offices of appointed, elected and additional members","content":"## Matters relating to offices of appointed, elected and additional members","sortOrder":47},{"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&#160;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&#160;(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&#160;(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&#160;(1) (b) is subject to sections&#160;25 and 26 .\ns&#160;23 sub 2005 No.&#160;18 s&#160;60\namd 2017 No.&#160;36 s&#160;33\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&#160;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&#160;(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&#160;(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&#160;(1) (b) is subject to sections&#160;25 and 26 .\n- (a) the person is disqualified from managing corporations under the Corporations Act , part&#160;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&#160;(a) .","sortOrder":48},{"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&#160;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&#160;15 (2) (d) ceases to be a postgraduate student.\nfor an additional member—the member becomes a member of the university’s staff or a student; or\nthe member is absent, without the council’s leave, from 3 consecutive meetings of the council of which proper notice has been given to the member; 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 chancellor; or\nthe member is removed from office under section&#160;26B ; or\nthe member is disqualified from managing corporations under the Corporations Act , part&#160;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&#160;(h) .\nSee section&#160;62D for the requirement to disclose a matter mentioned in paragraph&#160;(h) or (i) .\nSubsection&#160;(1) (i) is subject to sections&#160;25 and 26 .\nA resignation takes effect on the day the notice of resignation is given to the Minister or the chancellor or, if a later day of effect is stated in the notice, the later day.\ns&#160;24 amd 2005 No.&#160;18 s&#160;61 ; 2017 No.&#160;36 s&#160;34 ; 2026 No.&#160;6 s&#160;9N\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&#160;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&#160;15 (2) (d) ceases to be a postgraduate student. for an additional member—the member becomes a member of the university’s staff or a student; or the member is absent, without the council’s leave, from 3 consecutive meetings of the council of which proper notice has been given to the member; 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 chancellor; or the member is removed from office under section&#160;26B ; or the member is disqualified from managing corporations under the Corporations Act , part&#160;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&#160;(h) . See section&#160;62D for the requirement to disclose a matter mentioned in paragraph&#160;(h) or (i) .\n(sec.24-ssec.2) Subsection&#160;(1) (i) is subject to sections&#160;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 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&#160;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&#160;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&#160;15 (2) (d) ceases to be a postgraduate student.\n- (c) for an additional member—the member becomes a member of the university’s staff or a student; or\n- (d) the member is absent, without the council’s leave, from 3 consecutive meetings of the council of which proper notice has been given to the member; 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 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 chancellor; or\n- (g) the member is removed from office under section&#160;26B ; or\n- (h) the member is disqualified from managing corporations under the Corporations Act , part&#160;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&#160;(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&#160;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 chancellor; or","sortOrder":49},{"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&#160;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&#160;(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&#160;(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&#160;25 amd 2005 No.&#160;18 s&#160;165 sch; 2017 No.&#160;36 s&#160;165 s ch&#160;1 pt&#160;1\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&#160;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&#160;(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&#160;(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":50},{"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&#160;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&#160;(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&#160;(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&#160;26 amd 2005 No.&#160;18 s&#160;165 sch; 2017 No.&#160;36 s&#160;165 s ch&#160;1 pt&#160;1\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&#160;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&#160;(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&#160;(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":51},{"sectionNumber":"pt.2-div.3C","sectionType":"division","heading":"Council elections","content":"## Council elections","sortOrder":52},{"sectionNumber":"sec.26AA","sectionType":"section","heading":"Election policy","content":"### sec.26AA Election policy\n\nThe council must—\nmake a policy (an election policy ) about the conduct of elections required under sections&#160;15 and 20A ; and\npublish the election policy on the university’s website.\nThe election policy must include—\nprovisions to ensure the integrity and security of the voting system; and\nwithout limiting paragraph&#160;(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.\n26AA ins 2017 No.&#160;36 s&#160;35\namd 2026 No.&#160;6 s&#160;9O\n(sec.26AA-ssec.1) The council must— make a policy (an election policy ) about the conduct of elections required under sections&#160;15 and 20A ; and publish the election policy on the university’s website.\n(sec.26AA-ssec.2) The election policy must include— provisions to ensure the integrity and security of the voting system; and without limiting paragraph&#160;(a) , provisions to ensure— only persons who are eligible to vote may vote; and a person can not vote more than once in an election; and voting is done by secret ballot; and a person is not improperly influenced in voting; and provisions stating the procedure for voting, including the procedure for issuing ballots; and provisions about— notifying the period during which an election is to be held; and nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and publishing the results of an election, including the day by which the results must be published; and making and resolving complaints.\n(sec.26AA-ssec.3) Also, the election policy may include provisions stating requirements for— eligibility to be nominated as a candidate for a particular class of elected members; and eligibility to vote, including eligibility to vote for a particular class of elected members.\n(sec.26AA-ssec.4) The election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.\n- (a) make a policy (an election policy ) about the conduct of elections required under sections&#160;15 and 20A ; and\n- (b) publish the election policy on the university’s website.\n- (a) provisions to ensure the integrity and security of the voting system; and\n- (b) without limiting paragraph&#160;(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":53},{"sectionNumber":"sec.26AB","sectionType":"section","heading":"Conduct of election","content":"### sec.26AB Conduct of election\n\nAn election required under section&#160;15 or 20A must be held under the election policy.\n26AB ins 2017 No.&#160;36 s&#160;35\namd 2026 No.&#160;6 s&#160;9P","sortOrder":54},{"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&#160;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.\n26AC ins 2017 No.&#160;36 s&#160;35\namd 2026 No.&#160;6 s&#160;9Q\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":55},{"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":56},{"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&#160;26A ins 2005 No.&#160;18 s&#160;62\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":57},{"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 two-thirds of its members are satisfied the member has not complied with—\nsection&#160;26A (2) ; or\na conduct obligation.\nIf the council decides to remove a member from office under subsection&#160;(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&#160;(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&#160;25 (1) (b) (i) or (iii) .\ns&#160;26B ins 2005 No.&#160;18 s&#160;62\namd 2017 No.&#160;36 s&#160;36\n(sec.26B-ssec.1) The council may remove an elected, appointed or additional member from office if at least two-thirds of its members are satisfied the member has not complied with— section&#160;26A (2) ; or a conduct obligation.\n(sec.26B-ssec.2) If the council decides to remove a member from office under subsection&#160;(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&#160;(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&#160;25 (1) (b) (i) or (iii) .\n- (a) section&#160;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":58},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Extending terms of office","content":"## Extending terms of office","sortOrder":59},{"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 the 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&#160;(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&#160;(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&#160;(1) ; and\napplies despite sections&#160;18 , 19 (1) and (2) and 20 .\ns&#160;26C ins 2005 No.&#160;18 s&#160;62\namd 2017 No.&#160;36 s&#160;37 ; 2026 No.&#160;6 s&#160;9R\n(sec.26C-ssec.1) The Minister may, by notice given to the council, extend the terms of office of the 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&#160;(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&#160;(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&#160;(1) ; and applies despite sections&#160;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&#160;(1) ; and\n- (b) applies despite sections&#160;18 , 19 (1) and (2) and 20 .","sortOrder":60},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Meetings of the council","content":"## Meetings of the council","sortOrder":61},{"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":62},{"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":63},{"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":64},{"sectionNumber":"pt.3","sectionType":"part","heading":"Certain officers of the university","content":"# Certain officers of the university","sortOrder":65},{"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 staff.\nThe chancellor holds office for the term, not longer than 5 years, fixed by the council.\ns&#160;30 amd 2005 No.&#160;18 s&#160;63 ; 2017 No.&#160;36 s&#160;38\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 staff.\n(sec.30-ssec.5) The chancellor holds office for the term, not longer than 5 years, fixed by the council.","sortOrder":66},{"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&#160;31 amd 2005 No.&#160;18 s&#160;64 ; 2009 No.&#160;40 s&#160;42 ; 2017 No.&#160;36 s&#160;39\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":67},{"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&#160;11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.\ns&#160;32 amd 2017 No.&#160;36 s&#160;40\n(sec.32-ssec.1) There is a vice-chancellor of the university.\n(sec.32-ssec.2) The council must appoint a vice-chancellor whenever there is a vacancy in the office.\n(sec.32-ssec.3) The terms of appointment are as decided by the council.\n(sec.32-ssec.4) The vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.\n(sec.32-ssec.5) The vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff. See also section&#160;11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.","sortOrder":68},{"sectionNumber":"pt.4","sectionType":"part","heading":"Bodies connected with the university","content":"# Bodies connected with the university","sortOrder":69},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Convocation","content":"## Convocation","sortOrder":70},{"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\nif and how members of the convocation are to be appointed as members of the council; and\nthe quorum of a meeting of the convocation; and\nthe powers and functions of the convocation.\ns&#160;33 amd 2017 No.&#160;36 s&#160;41\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 if and how members of the convocation are to be appointed as members of the council; 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) if and how members of the convocation are to be appointed as members of the council; and\n- (d) the quorum of a meeting of the convocation; and\n- (e) the powers and functions of the convocation.","sortOrder":71},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Union","content":"## Union","sortOrder":72},{"sectionNumber":"sec.34","sectionType":"section","heading":"Establishment of union","content":"### sec.34 Establishment of union\n\nThe James Cook University Union is established.\nThe union—\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 James Cook University Union is established.\n(sec.34-ssec.2) The union— 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":73},{"sectionNumber":"sec.35","sectionType":"section","heading":"Composition","content":"### sec.35 Composition\n\nThe persons who are eligible to be members of the union are—\nstudents; and\npersons eligible for membership under the union’s constitution.\n- (a) students; and\n- (b) persons eligible for membership under the union’s constitution.","sortOrder":74},{"sectionNumber":"sec.36","sectionType":"section","heading":"Role","content":"### sec.36 Role\n\nThe union has the role and powers stated in its constitution.\nThe union also has the role and powers decided by the council.\nHowever, the union is not the employee or agent of the council.\n(sec.36-ssec.1) The union has the role and powers stated in its constitution.\n(sec.36-ssec.2) The union also has the role and powers decided by the council.\n(sec.36-ssec.3) However, the union is not the employee or agent of the council.","sortOrder":75},{"sectionNumber":"sec.37","sectionType":"section","heading":"General powers","content":"### sec.37 General powers\n\nWithout limiting section&#160;36 , the union has all the powers of an individual, including, for example, the power to acquire, hold, dispose of, and deal with, property.","sortOrder":76},{"sectionNumber":"sec.38","sectionType":"section","heading":"Constitution","content":"### sec.38 Constitution\n\nThe union must have a written constitution.\nThe union’s constitution, and each amendment of the constitution, must be submitted to the council for its approval.\nThe constitution or amendment has no effect until approved by the council.\n(sec.38-ssec.1) The union must have a written constitution.\n(sec.38-ssec.2) The union’s constitution, and each amendment of the constitution, must be submitted to the council for its approval.\n(sec.38-ssec.3) The constitution or amendment has no effect until approved by the council.","sortOrder":77},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":78},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns&#160;39 om 2017 No.&#160;36 s&#160;42","sortOrder":79},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Academic board","content":"## Academic board","sortOrder":80},{"sectionNumber":"sec.40","sectionType":"section","heading":"Establishment of academic board","content":"### sec.40 Establishment of academic board\n\nThe council may establish an academic board of the university.\nThe council is to decide—\nthe membership of the academic board; and\nthe functions of the academic board in relation to academic matters, including teaching and learning, academic policies and research.\ns&#160;40 amd 2017 No.&#160;36 s&#160;43\n(sec.40-ssec.1) The council may establish an academic board of the university.\n(sec.40-ssec.2) The council is to decide— the membership of the academic board; and the functions of the academic board in relation to academic matters, including teaching and learning, academic policies and research.\n- (a) the membership of the academic board; and\n- (b) the functions of the academic board in relation to academic matters, including teaching and learning, academic policies and research.","sortOrder":81},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Chairperson of academic board","content":"### sec.40A Chairperson of academic board\n\nThere is to be a chairperson of the academic board.\nThe council must decide who is the chairperson.\nThe chairperson holds office for the term, not longer than 3 years, decided by the council.\ns&#160;40A (prev s&#160;40AA) ins 2005 No.&#160;18 s&#160;65\nrenum 2005 No.&#160;18 s&#160;165 sch\namd 2009 No.&#160;40 s&#160;43\n(sec.40A-ssec.1) There is to be a chairperson of the academic board.\n(sec.40A-ssec.2) The council must decide who is the chairperson.\n(sec.40A-ssec.3) The chairperson holds office for the term, not longer than 3 years, decided by the council.","sortOrder":82},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Application of Corporations legislation to bodies","content":"## Application of Corporations legislation to bodies","sortOrder":83},{"sectionNumber":"sec.40B","sectionType":"section","heading":"Excluded matters for Corporations legislation","content":"### sec.40B Excluded matters for Corporations legislation\n\nEach of the following is declared to be an excluded matter for the Corporations Act , section&#160;5F , in relation to parts&#160;5.7 and 5 .7B of that Act—\nthe convocation;\nthe academic board.\nThe union is declared to be an excluded matter for the Corporations Act , section&#160;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&#160;13A of that Act.\nCorporations Act , part&#160;2D .1 (Duties and powers), part&#160;2D .6 (Disqualification from managing corporations), chapter&#160;2K (Charges), chapter&#160;2L (Debentures), part&#160;5.7 (Winding up bodies other than companies), part&#160;5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part&#160;5.9 (Miscellaneous) and part&#160;5B .2 (Registrable bodies)\ns&#160;40B (prev s&#160;40A) ins 2001 No.&#160;45 s&#160;29 sch&#160;3\nrenum 2005 No.&#160;18 s&#160;165 sch\namd 2017 No.&#160;36 s&#160;44\n(sec.40B-ssec.1) Each of the following is declared to be an excluded matter for the Corporations Act , section&#160;5F , in relation to parts&#160;5.7 and 5 .7B of that Act— the convocation; the academic board.\n(sec.40B-ssec.2) The union is declared to be an excluded matter for the Corporations Act , section&#160;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&#160;13A of that Act. Corporations Act , part&#160;2D .1 (Duties and powers), part&#160;2D .6 (Disqualification from managing corporations), chapter&#160;2K (Charges), chapter&#160;2L (Debentures), part&#160;5.7 (Winding up bodies other than companies), part&#160;5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part&#160;5.9 (Miscellaneous) and part&#160;5B .2 (Registrable bodies)\n- (a) the convocation;\n- (b) the academic board.","sortOrder":84},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and chairperson","content":"# Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and chairperson","sortOrder":85},{"sectionNumber":"sec.40C","sectionType":"section","heading":"Disqualification from office","content":"### sec.40C Disqualification from office\n\nA person can not become, or continue as, the chancellor, vice-chancellor or chairperson if—\nthe person is disqualified from managing corporations under the Corporations Act , part&#160;2D .6; or\nsubject to subsections&#160;(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&#160;(a) .\nSee section&#160;62D for the requirement to disclose the disqualification or conviction.\nIf the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection&#160;(1) (b) of which the person has been convicted, the council may—\nif the person was the chancellor, vice-chancellor or chairperson when convicted—give notice to the person that the person—\nis restored as the chancellor, vice-chancellor or chairperson; and\nmay be later re-elected or reappointed, despite the conviction; or\notherwise—give written approval for the person to become the chancellor, vice-chancellor or chairperson despite the conviction.\nOn the day the person receives a notice under subsection&#160;(2) (a) —\nthe person is restored as the chancellor, vice-chancellor or chairperson; and\nif another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.\nIf a person is restored as the chancellor, vice-chancellor or chairperson under subsection&#160;(3) , the person’s term of office as the chancellor, vice-chancellor or chairperson ends when it would have ended if the person had not been convicted of the offence.\ns&#160;40C ins 2005 No.&#160;18 s&#160;66\namd 2017 No.&#160;36 s&#160;45\n(sec.40C-ssec.1) A person can not become, or continue as, the chancellor, vice-chancellor or chairperson if— the person is disqualified from managing corporations under the Corporations Act , part&#160;2D .6; or subject to subsections&#160;(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&#160;(a) . See section&#160;62D for the requirement to disclose the disqualification or conviction.\n(sec.40C-ssec.2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection&#160;(1) (b) of which the person has been convicted, the council may— if the person was the chancellor, vice-chancellor or chairperson when convicted—give notice to the person that the person— is restored as the chancellor, vice-chancellor or chairperson; and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become the chancellor, vice-chancellor or chairperson despite the conviction.\n(sec.40C-ssec.3) On the day the person receives a notice under subsection&#160;(2) (a) — the person is restored as the chancellor, vice-chancellor or chairperson; and if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.\n(sec.40C-ssec.4) If a person is restored as the chancellor, vice-chancellor or chairperson under subsection&#160;(3) , the person’s term of office as the chancellor, vice-chancellor or chairperson 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&#160;2D .6; or\n- (b) subject to subsections&#160;(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&#160;(a) .\n- (a) if the person was the chancellor, vice-chancellor or chairperson when convicted—give notice to the person that the person— (i) is restored as the chancellor, vice-chancellor or chairperson; and (ii) may be later re-elected or reappointed, despite the conviction; or\n- (i) is restored as the chancellor, vice-chancellor or chairperson; and\n- (ii) may be later re-elected or reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become the chancellor, vice-chancellor or chairperson despite the conviction.\n- (i) is restored as the chancellor, vice-chancellor or chairperson; and\n- (ii) may be later re-elected or reappointed, despite the conviction; or\n- (a) the person is restored as the chancellor, vice-chancellor or chairperson; and\n- (b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.","sortOrder":86},{"sectionNumber":"sec.40D","sectionType":"section","heading":"Council may remove chancellor, vice-chancellor or chairperson from office","content":"### sec.40D Council may remove chancellor, vice-chancellor or chairperson from office\n\nThe council may remove the chancellor, vice-chancellor or chairperson from office if at least two-thirds of its members are satisfied the chancellor, vice-chancellor or chairperson has not complied with—\nsection&#160;26A (2) ; or\na conduct obligation.\nIf the council decides to remove the chancellor, vice-chancellor or chairperson from office under subsection&#160;(1) , the council must as soon as practicable give the chancellor, vice-chancellor or chairperson notice of the decision and the reasons for it.\nThe chancellor’s, vice-chancellor’s or chairperson’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&#160;40D ins 2005 No.&#160;18 s&#160;66\namd 2017 No.&#160;36 s&#160;46\n(sec.40D-ssec.1) The council may remove the chancellor, vice-chancellor or chairperson from office if at least two-thirds of its members are satisfied the chancellor, vice-chancellor or chairperson has not complied with— section&#160;26A (2) ; or a conduct obligation.\n(sec.40D-ssec.2) If the council decides to remove the chancellor, vice-chancellor or chairperson from office under subsection&#160;(1) , the council must as soon as practicable give the chancellor, vice-chancellor or chairperson notice of the decision and the reasons for it.\n(sec.40D-ssec.3) The chancellor’s, vice-chancellor’s or chairperson’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&#160;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":87},{"sectionNumber":"sec.40E","sectionType":"section","heading":"Particular matters about removal of vice-chancellor","content":"### sec.40E Particular matters about removal of vice-chancellor\n\nThe council may remove the vice-chancellor from office under section&#160;40D despite the vice-chancellor’s terms of appointment.\nIf the council removes the vice-chancellor from office under section&#160;40D —\nthe removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and\nthe vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if—\nthe appointment had been ended as permitted under the terms of appointment; or\nhis or her term of office had ended.\ns&#160;40E ins 2005 No.&#160;18 s&#160;66\n(sec.40E-ssec.1) The council may remove the vice-chancellor from office under section&#160;40D despite the vice-chancellor’s terms of appointment.\n(sec.40E-ssec.2) If the council removes the vice-chancellor from office under section&#160;40D — the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— the appointment had been ended as permitted under the terms of appointment; or his or her term of office had ended.\n- (a) the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and\n- (b) the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— (i) the appointment had been ended as permitted under the terms of appointment; or (ii) his or her term of office had ended.\n- (i) the appointment had been ended as permitted under the terms of appointment; or\n- (ii) his or her term of office had ended.\n- (i) the appointment had been ended as permitted under the terms of appointment; or\n- (ii) his or her term of office had ended.","sortOrder":88},{"sectionNumber":"sec.40F","sectionType":"section","heading":"Vacation of office","content":"### sec.40F Vacation of office\n\nThe office of the chancellor, vice-chancellor or chairperson becomes vacant if he or she—\ncan not continue as the chancellor, vice-chancellor or chairperson under section&#160;40C ; or\nis removed from office under section&#160;40D .\nThe office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section&#160;24 or he or she otherwise stops being a member.\ns&#160;40F ins 2005 No.&#160;18 s&#160;66\n(sec.40F-ssec.1) The office of the chancellor, vice-chancellor or chairperson becomes vacant if he or she— can not continue as the chancellor, vice-chancellor or chairperson under section&#160;40C ; or is removed from office under section&#160;40D .\n(sec.40F-ssec.2) The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section&#160;24 or he or she otherwise stops being a member.\n- (a) can not continue as the chancellor, vice-chancellor or chairperson under section&#160;40C ; or\n- (b) is removed from office under section&#160;40D .","sortOrder":89},{"sectionNumber":"pt.5","sectionType":"part","heading":"Property and finance","content":"# Property and finance","sortOrder":90},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Property held on trust or conditions","content":"## Property held on trust or conditions","sortOrder":91},{"sectionNumber":"sec.41","sectionType":"section","heading":"Definition for div&#160;1","content":"### sec.41 Definition for div&#160;1\n\nIn this division—\nproperty includes income from property and a part or residue of the property.","sortOrder":92},{"sectionNumber":"sec.42","sectionType":"section","heading":"Amendment of terms of trusts and gifts","content":"### sec.42 Amendment of terms of trusts and gifts\n\nThis section applies if—\nproperty is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and\nthe council is satisfied—\nthe donor’s purpose—\nhas been wholly or substantially achieved; or\nno longer exists; or\nhas been adequately provided for in another way; or\nis uncertain, can not be identified, or is insufficiently defined; or\nbecomes impossible, impractical or inexpedient to carry out; or\nthe property is inadequate for the donor’s purpose.\nThe council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).\nThe scheme must be in writing.\nThe university must without charge give a copy of the scheme to anyone who asks for it.\n(sec.42-ssec.1) This section applies if— property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and the council is satisfied— the donor’s purpose— has been wholly or substantially achieved; or no longer exists; or has been adequately provided for in another way; or is uncertain, can not be identified, or is insufficiently defined; or becomes impossible, impractical or inexpedient to carry out; or the property is inadequate for the donor’s purpose.\n(sec.42-ssec.2) The council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).\n(sec.42-ssec.3) The scheme must be in writing.\n(sec.42-ssec.4) The university must without charge give a copy of the scheme to anyone who asks for it.\n- (a) property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and\n- (b) the council is satisfied— (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or (ii) the property is inadequate for the donor’s purpose.\n- (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or\n- (A) has been wholly or substantially achieved; or\n- (B) no longer exists; or\n- (C) has been adequately provided for in another way; or\n- (D) is uncertain, can not be identified, or is insufficiently defined; or\n- (E) becomes impossible, impractical or inexpedient to carry out; or\n- (ii) the property is inadequate for the donor’s purpose.\n- (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or\n- (A) has been wholly or substantially achieved; or\n- (B) no longer exists; or\n- (C) has been adequately provided for in another way; or\n- (D) is uncertain, can not be identified, or is insufficiently defined; or\n- (E) becomes impossible, impractical or inexpedient to carry out; or\n- (ii) the property is inadequate for the donor’s purpose.\n- (A) has been wholly or substantially achieved; or\n- (B) no longer exists; or\n- (C) has been adequately provided for in another way; or\n- (D) is uncertain, can not be identified, or is insufficiently defined; or\n- (E) becomes impossible, impractical or inexpedient to carry out; or","sortOrder":93},{"sectionNumber":"sec.43","sectionType":"section","heading":"Selection of designated purpose","content":"### sec.43 Selection of designated purpose\n\nIn selecting the designated purpose, the council must prefer a purpose that—\nis as nearly similar as practicable to the donor’s purpose; and\ncan practically and conveniently be achieved.\nHowever, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection&#160;(1) .\n(sec.43-ssec.1) In selecting the designated purpose, the council must prefer a purpose that— is as nearly similar as practicable to the donor’s purpose; and can practically and conveniently be achieved.\n(sec.43-ssec.2) However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection&#160;(1) .\n- (a) is as nearly similar as practicable to the donor’s purpose; and\n- (b) can practically and conveniently be achieved.","sortOrder":94},{"sectionNumber":"sec.44","sectionType":"section","heading":"Property to be held for designated purpose","content":"### sec.44 Property to be held for designated purpose\n\nProperty to which the scheme applies is to be held by the university for the property’s designated purpose instead of the donor’s purpose.","sortOrder":95},{"sectionNumber":"sec.45","sectionType":"section","heading":"Certain persons to be given notice of scheme","content":"### sec.45 Certain persons to be given notice of scheme\n\nIf the scheme applies to land, the university must, as soon as practicable after the scheme is set up, give a copy of the scheme to the registrar of titles.","sortOrder":96},{"sectionNumber":"sec.46","sectionType":"section","heading":"Amendment of scheme","content":"### sec.46 Amendment of scheme\n\nThe council may amend the scheme.\nSections&#160;42 to 45 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.\n(sec.46-ssec.1) The council may amend the scheme.\n(sec.46-ssec.2) Sections&#160;42 to 45 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.","sortOrder":97},{"sectionNumber":"sec.47","sectionType":"section","heading":"University’s powers under other laws not limited","content":"### sec.47 University’s powers under other laws not limited\n\nThis division does not limit the university’s powers and rights under any other law about property held on trust by the university.","sortOrder":98},{"sectionNumber":"sec.48","sectionType":"section","heading":"University may carry out conditions of gift etc.","content":"### sec.48 University may carry out conditions of gift etc.\n\nThe university may agree to and carry out any conditions of a gift, grant, bequest or devise of property to the university.","sortOrder":99},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Dealing with State land by council","content":"## Dealing with State land by council","sortOrder":100},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application of Land Act 1994","content":"### sec.49 Application of Land Act 1994\n\nState land is held and may be disposed of under the Land Act 1994 .\nHowever, the university may grant an interest in State land only by way of lease.\nDespite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational reserve or operational deed of grant in trust may be for up to 100 years.\nSubsection&#160;(5) applies if the purpose for which a reserve was dedicated or for which land was granted in trust under the Land Act 1994 includes a reference to—\n‘university’; or\n‘university and college’.\nThe purpose is taken to include anything that is consistent with the university’s functions under section&#160;5 .\nSubsections&#160;(4) and (5) apply whether the reserve was dedicated or 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&#160;6 .\noperational reserve see the Land Act 1994 , schedule&#160;6 .\ns&#160;49 amd 2011 No.&#160;39 s&#160;34 ; 2024 No.&#160;12 s&#160;131 s ch&#160;1 pt&#160;1\n(sec.49-ssec.1) State land is held and may be disposed of under the Land Act 1994 .\n(sec.49-ssec.2) However, the university may grant an interest in State land only by way of lease.\n(sec.49-ssec.3) Despite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational reserve or operational deed of grant in trust may be for up to 100 years.\n(sec.49-ssec.4) Subsection&#160;(5) applies if the purpose for which a reserve was dedicated or for which land was granted in trust under the Land Act 1994 includes a reference to— ‘university’; or ‘university and college’.\n(sec.49-ssec.5) The purpose is taken to include anything that is consistent with the university’s functions under section&#160;5 .\n(sec.49-ssec.6) Subsections&#160;(4) and (5) apply whether the reserve was dedicated or the land was granted in trust before or after the commencement of this section.\n(sec.49-ssec.7) In this section— operational deed of grant in trust see the Land Act 1994 , schedule&#160;6 . operational reserve see the Land Act 1994 , schedule&#160;6 .\n- (a) ‘university’; or\n- (b) ‘university and college’.","sortOrder":101},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Finance","content":"## Finance","sortOrder":102},{"sectionNumber":"sec.50","sectionType":"section","heading":"University is statutory body under the Financial Accountability Act 2009","content":"### sec.50 University is statutory body under the Financial Accountability Act 2009\n\nTo remove any doubt, it is declared that the university is a statutory body under the Financial Accountability Act 2009 .\ns&#160;50 amd 2009 No.&#160;9 s&#160;136 sch&#160;1","sortOrder":103},{"sectionNumber":"sec.51","sectionType":"section","heading":"University is statutory body under the Statutory Bodies Financial Arrangements Act 1982","content":"### sec.51 University is statutory body under the Statutory Bodies Financial Arrangements Act 1982\n\nUnder the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.\nThe Statutory Bodies Financial Arrangements Act 1982 , part&#160;2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.51-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.\n(sec.51-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part&#160;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":104},{"sectionNumber":"sec.52","sectionType":"section","heading":"Trust funds","content":"### sec.52 Trust funds\n\nThe university may establish or administer trust funds.","sortOrder":105},{"sectionNumber":"sec.53","sectionType":"section","heading":"Investment common fund","content":"### sec.53 Investment common fund\n\nThe university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.\nThe university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.\nThe university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.\nDespite subsection&#160;(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&#160;(3) , the university may—\nadd a part of the income of the investment common fund to the fund’s capital; or\nuse a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.\n(sec.53-ssec.1) The university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.\n(sec.53-ssec.2) The university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.\n(sec.53-ssec.3) The university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.\n(sec.53-ssec.4) Despite subsection&#160;(3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.\n(sec.53-ssec.5) Also, despite subsection&#160;(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":106},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application of revenue","content":"### sec.54 Application of revenue\n\nSubject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.\nTo remove any doubt, each of the following purposes is a university purpose—\nenabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere;\nthe advancement of learning generally;\nhelping a body affiliated or associated with the university.\n(sec.54-ssec.1) Subject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.\n(sec.54-ssec.2) To remove any doubt, each of the following purposes is a university purpose— enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere; the advancement of learning generally; helping a body affiliated or associated with the university.\n- (a) enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere;\n- (b) the advancement of learning generally;\n- (c) helping a body affiliated or associated with the university.","sortOrder":107},{"sectionNumber":"sec.55","sectionType":"section","heading":"Financial review","content":"### sec.55 Financial review\n\nThe council must, in each year, adopt a budget for the university for the next year.\nIn framing the budget the council need not take account of amounts mentioned in subsection&#160;(4) .\nThe council must control its spending as nearly as possible within the limits of the approved budget.\nThe council must undertake an annual review of—\namounts available, or expected to be available, to the university by way of bequest, donation or special grant; and\nthe spending of the amounts.\n(sec.55-ssec.1) The council must, in each year, adopt a budget for the university for the next year.\n(sec.55-ssec.2) In framing the budget the council need not take account of amounts mentioned in subsection&#160;(4) .\n(sec.55-ssec.3) The council must control its spending as nearly as possible within the limits of the approved budget.\n(sec.55-ssec.4) The council must undertake an annual review of— amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and the spending of the amounts.\n- (a) amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and\n- (b) the spending of the amounts.","sortOrder":108},{"sectionNumber":"sec.56","sectionType":"section","heading":"University’s financial year","content":"### sec.56 University’s financial year\n\nThe university’s financial year is a calendar year.","sortOrder":109},{"sectionNumber":"pt.6","sectionType":"part","heading":null,"content":"","sortOrder":110},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns&#160;57 amd 1999 No.&#160;81 s&#160;43 ; 2005 No.&#160;18 s&#160;67 ; 2009 No.&#160;40 s&#160;44\nom 2017 No.&#160;36 s&#160;47","sortOrder":111},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns&#160;58 om 2017 No.&#160;36 s&#160;47","sortOrder":112},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns&#160;59 om 2017 No.&#160;36 s&#160;47","sortOrder":113},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns&#160;60 om 2017 No.&#160;36 s&#160;47","sortOrder":114},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":115},{"sectionNumber":"sec.61","sectionType":"section","heading":"Forming and taking part in corporations","content":"### sec.61 Forming and taking part in corporations\n\nThe university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following—\nmaking available facilities for study, research or education;\nproviding teaching, research, development, consultancy or other services for public or private entities;\nhelping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;\npreparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;\nexploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;\nseeking or encouraging gifts to the university or for the university’s purposes;\nanother object, consistent with this Act, that the council considers is appropriate in the circumstances.\nThe university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection&#160;(1) for achieving the object.\nThis section applies despite the Corporations Act .\ns&#160;61 amd 2001 No.&#160;45 s&#160;29 sch s&#160;2 – 3 ; 2005 No.&#160;18 s&#160;68\n(sec.61-ssec.1) The university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following— making available facilities for study, research or education; providing teaching, research, development, consultancy or other services for public or private entities; helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research; preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software; exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else; seeking or encouraging gifts to the university or for the university’s purposes; another object, consistent with this Act, that the council considers is appropriate in the circumstances.\n(sec.61-ssec.2) The university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection&#160;(1) for achieving the object.\n(sec.61-ssec.3) This section applies despite the Corporations Act .\n- (a) making available facilities for study, research or education;\n- (b) providing teaching, research, development, consultancy or other services for public or private entities;\n- (c) helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;\n- (d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;\n- (e) exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;\n- (f) seeking or encouraging gifts to the university or for the university’s purposes;\n- (g) another object, consistent with this Act, that the council considers is appropriate in the circumstances.","sortOrder":116},{"sectionNumber":"sec.62","sectionType":"section","heading":"Use of facilities and staff","content":"### sec.62 Use of facilities and staff\n\nThe university may enter into a contract or other arrangement with an entity for the use of the university’s facilities and the provision of services by the university’s staff.","sortOrder":117},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Protection from liability","content":"### sec.62A Protection from liability\n\nA member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection&#160;(1) prevents a civil liability attaching to a member, the liability attaches instead to the university.\ns&#160;62A ins 2005 No.&#160;18 s&#160;69\n(sec.62A-ssec.1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\n(sec.62A-ssec.2) If subsection&#160;(1) prevents a civil liability attaching to a member, the liability attaches instead to the university.","sortOrder":118},{"sectionNumber":"sec.62B","sectionType":"section","heading":"Report about person’s criminal history","content":"### sec.62B Report about person’s criminal history\n\nTo decide whether to recommend to the Governor in Council a person for appointment under section&#160;14 (2) as an appointed member, the Minister may ask the commissioner of the police service for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nTo decide whether a person is eligible to be the chancellor, vice-chancellor or chairperson, 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&#160;(1) or (2) .\nHowever, the Minister or council may make a request about a person under subsection&#160;(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&#160;62B ins 2005 No.&#160;18 s&#160;69\namd 2017 No.&#160;36 s&#160;48 ; 2026 No.&#160;6 s&#160;9S\n(sec.62B-ssec.1) To decide whether to recommend to the Governor in Council a person for appointment under section&#160;14 (2) as an appointed member, the Minister may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.62B-ssec.2) To decide whether a person is eligible to be the chancellor, vice-chancellor or chairperson, or an elected or additional member, the council may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.62B-ssec.3) The commissioner of the police service must comply with a request under subsection&#160;(1) or (2) .\n(sec.62B-ssec.4) However, the Minister or council may make a request about a person under subsection&#160;(1) or (2) only if the person has given the Minister or council written consent for the request.\n(sec.62B-ssec.5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.62B-ssec.6) The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.62B-ssec.7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":119},{"sectionNumber":"sec.62C","sectionType":"section","heading":"Delegation by Minister","content":"### sec.62C Delegation by Minister\n\nThe Minister may delegate the Minister’s power under section&#160;62B (1) to an appropriately qualified officer of the department.\ns&#160;62C ins 2005 No.&#160;18 s&#160;69","sortOrder":120},{"sectionNumber":"sec.62D","sectionType":"section","heading":"Requirement to disclose particular matters","content":"### sec.62D Requirement to disclose particular matters\n\nThis section applies if a person who is a member—\nis disqualified from managing corporations under the Corporations Act , part&#160;2D .6; or\nis convicted of an indictable offence mentioned in section&#160;24 (1) (i) or 40C (1) (b) .\nThe person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to—\nif the person is the chancellor when disqualified or convicted—the vice-chancellor; or\nif the person is an appointed member when disqualified or convicted—the Minister; or\notherwise—the chancellor.\nMaximum penalty—100 penalty units.\nThe notice must include the following information—\nif the notice is of the person’s disqualification—\nthe existence of the disqualification; and\nwhen the disqualification took effect; and\nsufficient details to identify the grounds for the disqualification;\nif the notice is of the person’s conviction—\nthe existence of the conviction; and\nwhen the offence was committed; and\nsufficient details to identify the offence; and\nthe sentence imposed on the person.\nThe Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.\ns&#160;62D ins 2017 No.&#160;36 s&#160;49\n(sec.62D-ssec.1) This section applies if a person who is a member— is disqualified from managing corporations under the Corporations Act , part&#160;2D .6; or is convicted of an indictable offence mentioned in section&#160;24 (1) (i) or 40C (1) (b) .\n(sec.62D-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to— if the person is the chancellor when disqualified or convicted—the vice-chancellor; or if the person is an appointed member when disqualified or convicted—the Minister; or otherwise—the chancellor. Maximum penalty—100 penalty units.\n(sec.62D-ssec.3) The notice must include the following information— if the notice is of the person’s disqualification— the existence of the disqualification; and when the disqualification took effect; and sufficient details to identify the grounds for the disqualification; if the notice is of the person’s conviction— the existence of the conviction; and when the offence was committed; and sufficient details to identify the offence; and the sentence imposed on the person.\n(sec.62D-ssec.4) The Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.\n- (a) is disqualified from managing corporations under the Corporations Act , part&#160;2D .6; or\n- (b) is convicted of an indictable offence mentioned in section&#160;24 (1) (i) or 40C (1) (b) .\n- (a) if the person is the chancellor when disqualified or convicted—the vice-chancellor; or\n- (b) if the person is an appointed member when disqualified or convicted—the Minister; or\n- (c) otherwise—the chancellor.\n- (a) if the notice is of the person’s disqualification— (i) the existence of the disqualification; and (ii) when the disqualification took effect; and (iii) sufficient details to identify the grounds for the disqualification;\n- (i) the existence of the disqualification; and\n- (ii) when the disqualification took effect; and\n- (iii) sufficient details to identify the grounds for the disqualification;\n- (b) if the notice is of the person’s conviction— (i) the existence of the conviction; and (ii) when the offence was committed; and (iii) sufficient details to identify the offence; and (iv) the sentence imposed on the person.\n- (i) the existence of the conviction; and\n- (ii) when the offence was committed; and\n- (iii) sufficient details to identify the offence; and\n- (iv) the sentence imposed on the person.\n- (i) the existence of the disqualification; and\n- (ii) when the disqualification took effect; and\n- (iii) sufficient details to identify the grounds for the disqualification;\n- (i) the existence of the conviction; and\n- (ii) when the offence was committed; and\n- (iii) sufficient details to identify the offence; and\n- (iv) the sentence imposed on the person.","sortOrder":121},{"sectionNumber":"sec.62E","sectionType":"section","heading":"Restrictions on disclosing protected information","content":"### sec.62E Restrictions on disclosing protected information\n\nThis section applies to a person who possesses protected information because the person is or was—\nthe Minister; or\na member; or\na person involved in the administration of this Act, including, for example, as a public service employee; or\na person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\nThe person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection&#160;(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&#160;(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&#160;62B ; or\na notice, or information contained in a notice, given under section&#160;62D .\ns&#160;62E ins 2017 No.&#160;36 s&#160;49\n(sec.62E-ssec.1) This section applies to a person who possesses protected information because the person is or was— the Minister; or a member; or a person involved in the administration of this Act, including, for example, as a public service employee; or a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\n(sec.62E-ssec.2) The person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection&#160;(3) or (4) . Maximum penalty—100 penalty units.\n(sec.62E-ssec.3) The person may disclose the protected information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n(sec.62E-ssec.4) Also, without limiting subsection&#160;(3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions— the council; a committee of the council; a member; another person.\n(sec.62E-ssec.5) In this section— function includes power. perform , a function, includes exercise a power. protected information means— a report, or information contained in a report, given under section&#160;62B ; or a notice, or information contained in a notice, given under section&#160;62D .\n- (a) the Minister; or\n- (b) a member; or\n- (c) a person involved in the administration of this Act, including, for example, as a public service employee; or\n- (d) a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under an Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the information relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not identify the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.\n- (a) the council;\n- (b) a committee of the council;\n- (c) a member;\n- (d) another person.\n- (a) a report, or information contained in a report, given under section&#160;62B ; or\n- (b) a notice, or information contained in a notice, given under section&#160;62D .","sortOrder":122},{"sectionNumber":"sec.63","sectionType":"section","heading":"Control of traffic and conduct on university land","content":"### sec.63 Control of traffic and conduct on university land\n\nSchedule&#160;1 has effect.","sortOrder":123},{"sectionNumber":"sec.64","sectionType":"section","heading":"Regulation-making power","content":"### sec.64 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":124},{"sectionNumber":"sec.65","sectionType":"section","heading":"Repealed Act references","content":"### sec.65 Repealed Act references\n\nIn an Act or document, a reference to the James Cook University of North Queensland Act 1970 may, if the context permits, be taken to be a reference to this Act.","sortOrder":125},{"sectionNumber":"pt.8","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":126},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Repeal provision","content":"## Repeal provision","sortOrder":127},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns&#160;66 exp 1 January 1999 (see s&#160;78)","sortOrder":128},{"sectionNumber":"sec.67","sectionType":"section","heading":"Repeal","content":"### sec.67 Repeal\n\nThe James Cook University of North Queensland Act 1970 No.&#160;19 is repealed.","sortOrder":129},{"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":130},{"sectionNumber":"sec.68","sectionType":"section","heading":"Definitions for div&#160;2","content":"### sec.68 Definitions for div&#160;2\n\nIn this division—\ncommencement means the commencement of the provision in which the term is used.\nnew additional member see section&#160;74.\nnew appointed members see section&#160;70(2).\npre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act 2005 , part&#160;4 .\ns&#160;68 prev s&#160;68 exp 1 January 1999 (see s&#160;78)\npres s&#160;68 ins 2005 No.&#160;18 s&#160;70","sortOrder":131},{"sectionNumber":"sec.69","sectionType":"section","heading":"Continuation of official members","content":"### sec.69 Continuation of official members\n\nDespite section&#160;13, a person who was an official member under section&#160;13(2)(c), (e) or (f) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start.\ns&#160;69 prev s&#160;69 exp 1 January 1999 (see s&#160;78)\npres s&#160;69 ins 2005 No.&#160;18 s&#160;70","sortOrder":132},{"sectionNumber":"sec.70","sectionType":"section","heading":"Appointment of new appointed members","content":"### sec.70 Appointment of new appointed members\n\nThe Minister must, within 1 year after the commencement, recommend to the Governor in Council 8 persons for appointment, under section&#160;14(2), as appointed members.\nThe Governor in Council may appoint the persons as appointed members (the new appointed members ).\ns&#160;70 prev s&#160;70 exp 1 January 1999 (see s&#160;78)\npres s&#160;70 ins 2005 No.&#160;18 s&#160;70\n(sec.70-ssec.1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 8 persons for appointment, under section&#160;14(2), as appointed members.\n(sec.70-ssec.2) The Governor in Council may appoint the persons as appointed members (the new appointed members ).","sortOrder":133},{"sectionNumber":"sec.71","sectionType":"section","heading":"Continuation, and term of office, of appointed members","content":"### sec.71 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&#160;14(1), the person continues as an appointed member until—\nthe person’s term of office ends under subsection&#160;(3); or\nthe person’s office sooner becomes vacant.\nDespite section&#160;18, the person’s term of office ends when the new appointed members’ terms of office start.\ns&#160;71 prev s&#160;71 exp 1 January 1999 (see s&#160;78)\npres s&#160;71 ins 2005 No.&#160;18 s&#160;70\n(sec.71-ssec.1) This section applies to a person who was an appointed member immediately before the commencement.\n(sec.71-ssec.2) Despite section&#160;14(1), the person continues as an appointed member until— the person’s term of office ends under subsection&#160;(3); or the person’s office sooner becomes vacant.\n(sec.71-ssec.3) Despite section&#160;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&#160;(3); or\n- (b) the person’s office sooner becomes vacant.","sortOrder":134},{"sectionNumber":"sec.72","sectionType":"section","heading":"Continuation of elected members","content":"### sec.72 Continuation of elected members\n\nThis section applies to a person who was an elected member immediately before the commencement.\nDespite section&#160;15(1) and (2), the person continues as an elected member until—\nthe person’s term of office ends under section&#160;73; or\nthe person’s office sooner becomes vacant.\nDespite section&#160;19(1) and (2), the person’s term of office is 3 years.\ns&#160;72 prev s&#160;72 exp 12 April 1998 (see s&#160;72(5))\npres s&#160;72 ins 2005 No.&#160;18 s&#160;70\n(sec.72-ssec.1) This section applies to a person who was an elected member immediately before the commencement.\n(sec.72-ssec.2) Despite section&#160;15(1) and (2), the person continues as an elected member until— the person’s term of office ends under section&#160;73; or the person’s office sooner becomes vacant.\n(sec.72-ssec.3) Despite section&#160;19(1) and (2), the person’s term of office is 3 years.\n- (a) the person’s term of office ends under section&#160;73; or\n- (b) the person’s office sooner becomes vacant.","sortOrder":135},{"sectionNumber":"sec.73","sectionType":"section","heading":"Ballot, and term of office, for elected members","content":"### sec.73 Ballot, and term of office, for elected members\n\nAt least 14 days before the new appointed members are appointed, a ballot under section&#160;15(3) of the post-amended Act must be conducted for elected members.\nSubsection&#160;(3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section&#160;15(2)(a) of the pre-amended Act.\nThe person’s term of office ends when the person who is the member’s successor is elected under the ballot.\nSubsection&#160;(5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section&#160;15(2)(b) of the pre-amended Act.\nThe person’s term of office ends when the elected members mentioned in section&#160;15(2)(b) of the post-amended Act are elected under the ballot.\nSubsection&#160;(7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section&#160;15(2)(c) of the pre-amended Act.\nThe person’s term of office ends when the elected member mentioned in section&#160;15(2)(c) of the post-amended Act is elected under the ballot.\nSubsection&#160;(9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section&#160;15(2)(d) of the pre-amended Act.\nThe person’s term of office ends when the elected members mentioned in section&#160;15(2)(f) of the post-amended Act are elected under the ballot.\nA person is taken to be elected under the ballot when the new appointed members’ terms of office start.\nDespite section&#160;19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.\nSubsections&#160;(3), (5), (7) and (9) apply despite section&#160;72(3).\nIn this section—\npost-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part&#160;4 .\ns&#160;73 prev s&#160;73 exp 1 January 1999 (see s&#160;78)\npres s&#160;73 ins 2005 No.&#160;18 s&#160;70\n(sec.73-ssec.1) At least 14 days before the new appointed members are appointed, a ballot under section&#160;15(3) of the post-amended Act must be conducted for elected members.\n(sec.73-ssec.2) Subsection&#160;(3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section&#160;15(2)(a) of the pre-amended Act.\n(sec.73-ssec.3) The person’s term of office ends when the person who is the member’s successor is elected under the ballot.\n(sec.73-ssec.4) Subsection&#160;(5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section&#160;15(2)(b) of the pre-amended Act.\n(sec.73-ssec.5) The person’s term of office ends when the elected members mentioned in section&#160;15(2)(b) of the post-amended Act are elected under the ballot.\n(sec.73-ssec.6) Subsection&#160;(7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section&#160;15(2)(c) of the pre-amended Act.\n(sec.73-ssec.7) The person’s term of office ends when the elected member mentioned in section&#160;15(2)(c) of the post-amended Act is elected under the ballot.\n(sec.73-ssec.8) Subsection&#160;(9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section&#160;15(2)(d) of the pre-amended Act.\n(sec.73-ssec.9) The person’s term of office ends when the elected members mentioned in section&#160;15(2)(f) of the post-amended Act are elected under the ballot.\n(sec.73-ssec.10) A person is taken to be elected under the ballot when the new appointed members’ terms of office start.\n(sec.73-ssec.11) Despite section&#160;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.73-ssec.12) Subsections&#160;(3), (5), (7) and (9) apply despite section&#160;72(3).\n(sec.73-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&#160;4 .","sortOrder":136},{"sectionNumber":"sec.74","sectionType":"section","heading":"Appointment of new additional member","content":"### sec.74 Appointment of new additional member\n\nThe council must, within 1 year after the commencement, appoint a person as the additional member (the new additional member ) under section&#160;16.\ns&#160;74 prev s&#160;74 exp 1 January 1999 (see s&#160;78)\npres s&#160;74 ins 2005 No.&#160;18 s&#160;70","sortOrder":137},{"sectionNumber":"sec.75","sectionType":"section","heading":"Continuation, and term of office, of additional members","content":"### sec.75 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&#160;(2); or\nthe person’s office sooner becomes vacant.\nDespite section&#160;20, the person’s term of office ends when the new additional member’s term of office starts.\ns&#160;75 prev s&#160;75 exp 1 January 1999 (see s&#160;78)\npres s&#160;75 ins 2005 No.&#160;18 s&#160;70\n(sec.75-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&#160;(2); or the person’s office sooner becomes vacant.\n(sec.75-ssec.2) Despite section&#160;20, the person’s term of office ends when the new additional member’s term of office starts.\n- (a) the person’s term of office ends under subsection&#160;(2); or\n- (b) the person’s office sooner becomes vacant.","sortOrder":138},{"sectionNumber":"sec.76","sectionType":"section","heading":"Council need not include additional members","content":"### sec.76 Council need not include additional members\n\nDespite section&#160;12, the council need not include an additional member before the new additional member’s term of office starts.\ns&#160;76 prev s&#160;76 exp 1 January 1999 (see s&#160;78)\npres s&#160;76 ins 2005 No.&#160;18 s&#160;70","sortOrder":139},{"sectionNumber":"sec.77","sectionType":"section","heading":"Dealing with casual vacancy in office of elected member","content":"### sec.77 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&#160;73(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&#160;4 , had not commenced.\ns&#160;77 prev s&#160;77 exp 1 January 1999 (see s&#160;78)\npres s&#160;77 ins 2005 No.&#160;18 s&#160;70\n(sec.77-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&#160;73(1) is conducted.\n(sec.77-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&#160;4 , had not commenced.","sortOrder":140},{"sectionNumber":"sec.78","sectionType":"section","heading":"Constitution of council","content":"### sec.78 Constitution of council\n\nThis section applies until the new appointed members’ terms of office start.\nDespite section&#160;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&#160;78 prev s&#160;78 exp 1 January 1999 (see s&#160;78)\npres s&#160;78 ins 2005 No.&#160;18 s&#160;70\n(sec.78-ssec.1) This section applies until the new appointed members’ terms of office start.\n(sec.78-ssec.2) Despite section&#160;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":141},{"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":142},{"sectionNumber":"sec.79","sectionType":"section","heading":"Definitions for division","content":"### sec.79 Definitions 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.\ntransition period means the period—\nstarting when the council passes its first membership resolution; and\nending when the membership resolution has taken effect for each membership class.\ns&#160;79 ins 2017 No.&#160;36 s&#160;50\n- (a) starting when the council passes its first membership resolution; and\n- (b) ending when the membership resolution has taken effect for each membership class.","sortOrder":143},{"sectionNumber":"sec.80","sectionType":"section","heading":"Particular references to council election","content":"### sec.80 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&#160;15(3)—\nsection&#160;20A(2) and (3)(a);\nsection&#160;22O(2) and (3)(a);\nschedule&#160;2, definition elected member .\ns&#160;80 ins 2017 No.&#160;36 s&#160;50\n- (a) section&#160;20A(2) and (3)(a);\n- (b) section&#160;22O(2) and (3)(a);\n- (c) schedule&#160;2, definition elected member .","sortOrder":144},{"sectionNumber":"sec.81","sectionType":"section","heading":"Majority required for first membership resolution","content":"### sec.81 Majority required for first membership resolution\n\nThis section applies for the passing of the first resolution under section&#160;22J.\nDespite section&#160;22J(7), the resolution must be passed by at least two-thirds of the total number of members provided for under sections&#160;13 to 16 as in force immediately before the resolution is voted on.\ns&#160;81 ins 2017 No.&#160;36 s&#160;50\n(sec.81-ssec.1) This section applies for the passing of the first resolution under section&#160;22J.\n(sec.81-ssec.2) Despite section&#160;22J(7), the resolution must be passed by at least two-thirds of the total number of members provided for under sections&#160;13 to 16 as in force immediately before the resolution is voted on.","sortOrder":145},{"sectionNumber":"sec.82","sectionType":"section","heading":"Council must give Minister notice of first membership resolution","content":"### sec.82 Council must give Minister notice of first membership resolution\n\nThe council must, after passing the first membership resolution, give the Minister a notice stating—\nthe number stated in the resolution for appointed members; and\nthe date the resolution was passed.\nThe notice must be given at least 6 months before the earliest end day of the appointed members who hold office when the membership resolution is passed.\ns&#160;82 ins 2017 No.&#160;36 s&#160;50\n(sec.82-ssec.1) The council must, after passing the first membership resolution, give the Minister a notice stating— the number stated in the resolution for appointed members; and the date the resolution was passed.\n(sec.82-ssec.2) The notice must be given at least 6 months before the earliest end day of the appointed members who hold office when the membership resolution is passed.\n- (a) the number stated in the resolution for appointed members; and\n- (b) the date the resolution was passed.","sortOrder":146},{"sectionNumber":"sec.83","sectionType":"section","heading":"Membership and constitution of council during transition period","content":"### sec.83 Membership and constitution of council during transition period\n\nA person who was an elected member mentioned in section&#160;15(2)(f) when the council passed its first membership resolution continues to hold office as an elected member until—\nthe term for which the person held office under section&#160;19(1) ends; or\nthe person’s office sooner becomes vacant under section&#160;24.\nDespite sections&#160;22C(c) and 22F(1), during the transition period the council also consists of any person—\nwhose office as an elected member is continued under subsection&#160;(1); or\nwho is appointed under section&#160;85 to the office of an elected member mentioned in section&#160;15(2)(f).\nDespite section&#160;22I(1)(b), the council is taken to be properly constituted during the transition period if it has the number of members provided for under section&#160;17 as in force immediately before the start of the transition period.\ns&#160;83 ins 2017 No.&#160;36 s&#160;50\n(sec.83-ssec.1) A person who was an elected member mentioned in section&#160;15(2)(f) when the council passed its first membership resolution continues to hold office as an elected member until— the term for which the person held office under section&#160;19(1) ends; or the person’s office sooner becomes vacant under section&#160;24.\n(sec.83-ssec.2) Despite sections&#160;22C(c) and 22F(1), during the transition period the council also consists of any person— whose office as an elected member is continued under subsection&#160;(1); or who is appointed under section&#160;85 to the office of an elected member mentioned in section&#160;15(2)(f).\n(sec.83-ssec.3) Despite section&#160;22I(1)(b), the council is taken to be properly constituted during the transition period if it has the number of members provided for under section&#160;17 as in force immediately before the start of the transition period.\n- (a) the term for which the person held office under section&#160;19(1) ends; or\n- (b) the person’s office sooner becomes vacant under section&#160;24.\n- (a) whose office as an elected member is continued under subsection&#160;(1); or\n- (b) who is appointed under section&#160;85 to the office of an elected member mentioned in section&#160;15(2)(f).","sortOrder":147},{"sectionNumber":"sec.84","sectionType":"section","heading":"Convocation elected members to be disregarded for s&#160;22J(6)(a)","content":"### sec.84 Convocation elected members to be disregarded for s&#160;22J(6)(a)\n\nDuring the transition period, the following persons must be disregarded in calculating the number of elected members for section&#160;22J(6)(a)—\na person whose office as an elected member is continued under section&#160;83(1);\na person who is appointed under section&#160;85 to the office of an elected member mentioned in section&#160;15(2)(f).\ns&#160;84 ins 2017 No.&#160;36 s&#160;50\n- (a) a person whose office as an elected member is continued under section&#160;83(1);\n- (b) a person who is appointed under section&#160;85 to the office of an elected member mentioned in section&#160;15(2)(f).","sortOrder":148},{"sectionNumber":"sec.85","sectionType":"section","heading":"Dealing with casual vacancy in office of convocation elected member at start of, or during, transition period","content":"### sec.85 Dealing with casual vacancy in office of convocation elected member at start of, or during, transition period\n\nThis section applies if a casual vacancy in the office of an elected member mentioned in section&#160;15(2)(f)—\nexists at the start of the transition period; or\narises during the transition period.\nIf the elected member was elected by a ballot under previous section&#160;15(3) or at a council election, the council may appoint to the office the one person, if any, who—\nwas a candidate for the office in the ballot or 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&#160;(4) applies if—\nthe elected member was not elected by a ballot under previous section&#160;15(3) or at a council election; or\nno-one is eligible for appointment under subsection&#160;(2).\nThe council may appoint to the office a member of the convocation who—\nis eligible under this Act to be a member; and\notherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section&#160;15(2)(f).\nA person appointed under this section—\nis appointed for the balance of the term of office of the person’s predecessor; and\nis taken, other than for subsection&#160;(2) or (3)(a), to have been elected at a council election.\ns&#160;85 ins 2017 No.&#160;36 s&#160;50\n(sec.85-ssec.1) This section applies if a casual vacancy in the office of an elected member mentioned in section&#160;15(2)(f)— exists at the start of the transition period; or arises during the transition period.\n(sec.85-ssec.2) If the elected member was elected by a ballot under previous section&#160;15(3) or at a council election, the council may appoint to the office the one person, if any, who— was a candidate for the office in the ballot or 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.85-ssec.3) Subsection&#160;(4) applies if— the elected member was not elected by a ballot under previous section&#160;15(3) or at a council election; or no-one is eligible for appointment under subsection&#160;(2).\n(sec.85-ssec.4) The council may appoint to the office a member of the convocation who— is eligible under this Act to be a member; and otherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section&#160;15(2)(f).\n(sec.85-ssec.5) A person appointed under this section— is appointed for the balance of the term of office of the person’s predecessor; and is taken, other than for subsection&#160;(2) or (3)(a), to have been elected at a council election.\n- (a) exists at the start of the transition period; or\n- (b) arises during the transition period.\n- (a) was a candidate for the office in the ballot or 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 by a ballot under previous section&#160;15(3) or at a council election; or\n- (b) no-one is eligible for appointment under subsection&#160;(2).\n- (a) is eligible under this Act to be a member; and\n- (b) otherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section&#160;15(2)(f).\n- (a) is appointed for the balance of the term of office of the person’s predecessor; and\n- (b) is taken, other than for subsection&#160;(2) or (3)(a), to have been elected at a council election.","sortOrder":149},{"sectionNumber":"sec.86","sectionType":"section","heading":"Repeal of university statutes","content":"### sec.86 Repeal of university statutes\n\nThis section applies to a university statute made under previous section&#160;57 that was in force immediately before the commencement.\nTo remove any doubt, it is declared that, on the commencement, the university statute is repealed.\ns&#160;86 ins 2017 No.&#160;36 s&#160;50\n(sec.86-ssec.1) This section applies to a university statute made under previous section&#160;57 that was in force immediately before the commencement.\n(sec.86-ssec.2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed.","sortOrder":150},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2026","content":"## Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2026","sortOrder":151},{"sectionNumber":"sec.87","sectionType":"section","heading":"Definitions for division","content":"### sec.87 Definitions for division\n\nIn this division—\ncontinuing member see section&#160;88(2).\nnew , in relation to a provision of this Act, means the provision as in force from the commencement.\nrepealed , in relation to a provision of this Act, means the provision as in force from time to time before the commencement.\ns&#160;87 ins 2026 No.&#160;6 s&#160;9T","sortOrder":152},{"sectionNumber":"sec.88","sectionType":"section","heading":"Existing members","content":"### sec.88 Existing members\n\nEach person who held office as a member immediately before the commencement continues to be a member on the commencement.\nA person who continues to be a member under this section on the commencement is a continuing member .\nOn the commencement—\nfor new part&#160;2, division&#160;3, each continuing member is taken to be a member of the same type the person was immediately before the commencement; and\na continuing member who was appointed under repealed section&#160;22E is taken to be a member appointed under new section&#160;14; and\na continuing member who was appointed under repealed section&#160;22G is taken to be a member appointed under new section&#160;16.\nOn the commencement, a continuing member’s term of office is taken to be the same term for which the member was appointed or elected under repealed part&#160;2, division&#160;3A.\ns&#160;88 ins 2026 No.&#160;6 s&#160;9T\n(sec.88-ssec.1) Each person who held office as a member immediately before the commencement continues to be a member on the commencement.\n(sec.88-ssec.2) A person who continues to be a member under this section on the commencement is a continuing member .\n(sec.88-ssec.3) On the commencement— for new part&#160;2, division&#160;3, each continuing member is taken to be a member of the same type the person was immediately before the commencement; and a continuing member who was appointed under repealed section&#160;22E is taken to be a member appointed under new section&#160;14; and a continuing member who was appointed under repealed section&#160;22G is taken to be a member appointed under new section&#160;16.\n(sec.88-ssec.4) On the commencement, a continuing member’s term of office is taken to be the same term for which the member was appointed or elected under repealed part&#160;2, division&#160;3A.\n- (a) for new part&#160;2, division&#160;3, each continuing member is taken to be a member of the same type the person was immediately before the commencement; and\n- (b) a continuing member who was appointed under repealed section&#160;22E is taken to be a member appointed under new section&#160;14; and\n- (c) a continuing member who was appointed under repealed section&#160;22G is taken to be a member appointed under new section&#160;16.","sortOrder":153},{"sectionNumber":"sec.89","sectionType":"section","heading":"Particular appointments of additional members do not take effect","content":"### sec.89 Particular appointments of additional members do not take effect\n\nThis section applies to a person who was appointed as an additional member under repealed section&#160;22G before the commencement but whose term of office was to start after the commencement.\nThe person’s appointment does not take effect and is taken never to have been made.\ns&#160;89 ins 2026 No.&#160;6 s&#160;9T\n(sec.89-ssec.1) This section applies to a person who was appointed as an additional member under repealed section&#160;22G before the commencement but whose term of office was to start after the commencement.\n(sec.89-ssec.2) The person’s appointment does not take effect and is taken never to have been made.","sortOrder":154},{"sectionNumber":"sec.90","sectionType":"section","heading":"Number of additional members during transitional period","content":"### sec.90 Number of additional members during transitional period\n\nFrom the commencement, the number of additional members is taken to be equal to the number of continuing members mentioned in section&#160;88(3)(c) whose terms of office have not ended.\nThis section—\napplies despite new section&#160;16(1); but\nstops applying on the earlier of—\nthe first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection&#160;(1) applies; or\n20 April 2026.\ns&#160;90 ins 2026 No.&#160;6 s&#160;9T\n(sec.90-ssec.1) From the commencement, the number of additional members is taken to be equal to the number of continuing members mentioned in section&#160;88(3)(c) whose terms of office have not ended.\n(sec.90-ssec.2) This section— applies despite new section&#160;16(1); but stops applying on the earlier of— the first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection&#160;(1) applies; or 20 April 2026.\n- (a) applies despite new section&#160;16(1); but\n- (b) stops applying on the earlier of— (i) the first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection&#160;(1) applies; or (ii) 20 April 2026.\n- (i) the first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection&#160;(1) applies; or\n- (ii) 20 April 2026.\n- (i) the first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection&#160;(1) applies; or\n- (ii) 20 April 2026.","sortOrder":155},{"sectionNumber":"sec.91","sectionType":"section","heading":"Minister may appoint elected member in particular circumstances","content":"### sec.91 Minister may appoint elected member in particular circumstances\n\nThis section applies if, during the period starting on the day of the commencement and ending on 20 April 2026—\nno person is elected for a class of elected members mentioned in new section&#160;15(2)(c) or (d) (each a student class ), other than because a casual vacancy has arisen; or\nboth of the following apply—\na casual vacancy arises in the office of a continuing member who is a student;\nas a result of the vacancy, the council requires an elected member of a particular student class to comply with new section&#160;15(2).\nThe Minister may appoint a person as an elected member for the student class.\nThe council may, if asked by the Minister, nominate a person for appointment under subsection&#160;(2).\nA person appointed under subsection&#160;(2) is taken to have been elected at a council election for the student class.\nThis section applies despite new section&#160;20A.\ns&#160;91 ins 2026 No.&#160;6 s&#160;9T\n(sec.91-ssec.1) This section applies if, during the period starting on the day of the commencement and ending on 20 April 2026— no person is elected for a class of elected members mentioned in new section&#160;15(2)(c) or (d) (each a student class ), other than because a casual vacancy has arisen; or both of the following apply— a casual vacancy arises in the office of a continuing member who is a student; as a result of the vacancy, the council requires an elected member of a particular student class to comply with new section&#160;15(2).\n(sec.91-ssec.2) The Minister may appoint a person as an elected member for the student class.\n(sec.91-ssec.3) The council may, if asked by the Minister, nominate a person for appointment under subsection&#160;(2).\n(sec.91-ssec.4) A person appointed under subsection&#160;(2) is taken to have been elected at a council election for the student class.\n(sec.91-ssec.5) This section applies despite new section&#160;20A.\n- (a) no person is elected for a class of elected members mentioned in new section&#160;15(2)(c) or (d) (each a student class ), other than because a casual vacancy has arisen; or\n- (b) both of the following apply— (i) a casual vacancy arises in the office of a continuing member who is a student; (ii) as a result of the vacancy, the council requires an elected member of a particular student class to comply with new section&#160;15(2).\n- (i) a casual vacancy arises in the office of a continuing member who is a student;\n- (ii) as a result of the vacancy, the council requires an elected member of a particular student class to comply with new section&#160;15(2).\n- (i) a casual vacancy arises in the office of a continuing member who is a student;\n- (ii) as a result of the vacancy, the council requires an elected member of a particular student class to comply with new section&#160;15(2).","sortOrder":156},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Authorised persons and security officers","content":"# Authorised persons and security officers","sortOrder":157},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Appointment of authorised persons and security officers","content":"### sch.1-sec.1 Appointment of authorised persons and security officers\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.\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 a security officer under this Act.\nA person may be appointed both an authorised person and a security officer.\n(sch.1-sec.1-ssec.1) The 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.\n(sch.1-sec.1-ssec.2) The vice-chancellor may, in writing, appoint a person who the vice-chancellor is satisfied has the necessary training, or knowledge and experience, to be a security officer under this Act.\n(sch.1-sec.1-ssec.3) A person may be appointed both an authorised person and a security officer.","sortOrder":158},{"sectionNumber":"sch.1-sec.1A","sectionType":"section","heading":"Limitation of authorised person’s or security officer’s powers","content":"### sch.1-sec.1A Limitation of authorised person’s or security officer’s powers\n\nThe powers of an authorised person or a security officer may be limited—\nunder a condition of appointment; or\nby notice of the vice-chancellor given to the authorised person or security officer.\nsch&#160;1 s 1A ins 2009 No.&#160;40 s 45\n- (a) under a condition of appointment; or\n- (b) by notice of the vice-chancellor given to the authorised person or security officer.","sortOrder":159},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Terms of appointment","content":"### sch.1-sec.2 Terms of appointment\n\nAn authorised person or security officer holds office on the conditions stated in the instrument of appointment.\nAn authorised person or security officer—\nif the appointment provides for a term of appointment—ceases to hold office as an authorised person or security officer at the end of the term; and\nmay resign by signed notice given to the vice-chancellor.\n(sch.1-sec.2-ssec.1) An authorised person or security officer holds office on the conditions stated in the instrument of appointment.\n(sch.1-sec.2-ssec.2) An authorised person or security officer— if the appointment provides for a term of appointment—ceases to hold office as an authorised person or security officer 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 or security officer at the end of the term; and\n- (b) may resign by signed notice given to the vice-chancellor.","sortOrder":160},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Identity cards","content":"### sch.1-sec.3 Identity cards\n\nThe vice-chancellor must issue an identity card to each authorised person and security officer.\nThe identity card must—\ncontain a recent photograph of the authorised person or security officer; and\nbe in a form approved by the vice-chancellor; and\nbe signed by the authorised person or security officer.\nA person who ceases to be an authorised person or security officer 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&#160;(3) —10 penalty units.\n(sch.1-sec.3-ssec.1) The vice-chancellor must issue an identity card to each authorised person and security officer.\n(sch.1-sec.3-ssec.2) The identity card must— contain a recent photograph of the authorised person or security officer; and be in a form approved by the vice-chancellor; and be signed by the authorised person or security officer.\n(sch.1-sec.3-ssec.3) A person who ceases to be an authorised person or security officer 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&#160;(3) —10 penalty units.\n- (a) contain a recent photograph of the authorised person or security officer; and\n- (b) be in a form approved by the vice-chancellor; and\n- (c) be signed by the authorised person or security officer.","sortOrder":161},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Proof of authority","content":"### sch.1-sec.4 Proof of authority\n\nAn authorised person or security officer may exercise a power under this Act in relation to someone else only if the authorised person or security officer—\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&#160;(1) , the authorised person or security officer must produce the identity card for inspection by the person at the first reasonable opportunity.\nIf subsection&#160;(2) is relevant and is complied with by an authorised person or security officer, the exercise of a power in relation to someone else by the authorised person or security officer is not invalid merely because of subsection&#160;(1) .\n(sch.1-sec.4-ssec.1) An authorised person or security officer may exercise a power under this Act in relation to someone else only if the authorised person or security officer— 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.4-ssec.2) If, for any reason, it is not practicable to comply with subsection&#160;(1) , the authorised person or security officer must produce the identity card for inspection by the person at the first reasonable opportunity.\n(sch.1-sec.4-ssec.3) If subsection&#160;(2) is relevant and is complied with by an authorised person or security officer, the exercise of a power in relation to someone else by the authorised person or security officer is not invalid merely because of subsection&#160;(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":162},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Traffic control","content":"# Traffic control","sortOrder":163},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Persons authorised to control traffic on university’s land","content":"### sch.1-sec.5 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&#160;(1) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty for subsection&#160;(2) —10 penalty units.\n(sch.1-sec.5-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.5-ssec.2) A person must not fail to comply with a direction given under subsection&#160;(1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection&#160;(2) —10 penalty units.","sortOrder":164},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Regulatory notice","content":"### sch.1-sec.6 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&#160;(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&#160;(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.6-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.6-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.6-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.6-ssec.4) Without limiting subsection&#160;(1) , the university may erect and display regulatory notices in the form of official traffic signs.\n(sch.1-sec.6-ssec.5) Evidence that a regulatory notice was erected or displayed at a place mentioned in subsection&#160;(1) is evidence that the notice was erected or displayed by the university.\n(sch.1-sec.6-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":165},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Information notices","content":"### sch.1-sec.7 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.7-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.7-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.7-ssec.3) An information notice may contain any other information the vice-chancellor considers appropriate.\n(sch.1-sec.7-ssec.4) An information notice erected or displayed under this section must be easily visible to passers-by.\n(sch.1-sec.7-ssec.5) In this section— regulatory notice does not include an official traffic sign.","sortOrder":166},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Removal and detention of illegally parked or abandoned vehicles","content":"### sch.1-sec.8 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&#160;(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 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&#160;1 s 8 amd 2005 No.&#160;18 s 165 sch\n(sch.1-sec.8-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.8-ssec.2) The vehicle must be held at a safe place.\n(sch.1-sec.8-ssec.3) An authorised person may exercise the powers given under subsection&#160;(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.8-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.8-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.8-ssec.6) If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the cost of seizing, removing, holding and returning the vehicle.\n(sch.1-sec.8-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":167},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Disposal of unclaimed vehicles","content":"### sch.1-sec.9 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&#160;8 (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.9-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&#160;8 (4) or (5) .\n(sch.1-sec.9-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.9-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.9-ssec.4) Compensation is not recoverable against the university for the sale of a vehicle under this section.\n(sch.1-sec.9-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":168},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Application of proceeds of sale","content":"### sch.1-sec.10 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&#160;1 s 10 amd 2010 No.&#160;44 s 76\n(sch.1-sec.10-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.10-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":169},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Conduct on university land","content":"# Conduct on university land","sortOrder":170},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Conduct causing a public nuisance","content":"### sch.1-sec.11 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":171},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Power to deal with persons causing a public nuisance","content":"### sch.1-sec.12 Power to deal with persons causing a public nuisance\n\nThis section applies if a security officer—\nfinds a person contravening section&#160;11 ; or\nfinds a person in circumstances that leads the security officer to suspect on reasonable grounds that the person has just contravened section&#160;11 ; or\nhas information that leads the security officer to suspect on reasonable grounds that a person has just contravened section&#160;11 ; 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 security officer 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 security officer 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&#160;(2) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\n(sch.1-sec.12-ssec.1) This section applies if a security officer— finds a person contravening section&#160;11 ; or finds a person in circumstances that leads the security officer to suspect on reasonable grounds that the person has just contravened section&#160;11 ; or has information that leads the security officer to suspect on reasonable grounds that a person has just contravened section&#160;11 ; 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 security officer 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.12-ssec.2) The security officer may direct the person to leave the university’s land or a part of the university’s land.\n(sch.1-sec.12-ssec.3) A person must comply with a direction given to the person under subsection&#160;(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&#160;11 ; or\n- (b) finds a person in circumstances that leads the security officer to suspect on reasonable grounds that the person has just contravened section&#160;11 ; or\n- (c) has information that leads the security officer to suspect on reasonable grounds that a person has just contravened section&#160;11 ; 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 security officer 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":172}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded noticeably beyond its original 1997 scope. Early amendments added commercial exploitation powers and financial accountability provisions. Later amendments (particularly 2005 and 2017) introduced detailed governance conduct obligations, criminal history checking, member removal procedures, conflict of interest disclosures, and election integrity policies — none of which featured in the original Act. The 2026 amendments restructured council membership, removing a sizeable block of sections (22A–22Q) and adjusting member numbers. The core purpose — establishing and governing JCU — remains unchanged, but the regulatory and accountability framework surrounding the university's governance has grown substantially."},"complexity_factors":["Multiple interlocking categories of council membership with different rules for each (official, appointed, elected, additional)","Detailed vacancy and casual vacancy provisions with cascading fallback procedures","Criminal history and disqualification provisions cross-referencing the federal Corporations Act","Ministerial override powers sitting alongside council self-governance powers","Trust and property law provisions (cy-près scheme for redirecting donor purposes)","Multiple cross-references between sections making it hard to read any one provision in isolation","Interaction with several other Acts (Corporations Act, Land Act 1994, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Criminal Law (Rehabilitation of Offenders) Act 1986)","History of significant amendments (2002, 2005, 2009, 2017, 2026) creating omitted sections and structural gaps","Discretionary restoration powers for convicted members adding layered conditional logic"],"plain_english_summary":"## What is this law?\n\nThe **James Cook University Act 1997** is a Queensland law that creates and governs James Cook University (JCU) — a public university based in tropical North Queensland. Think of it as JCU's founding charter and rulebook.\n\n## Who does it affect?\n\n- **Students** at JCU (undergraduate and postgraduate)\n- **Staff** (academic and professional/technical)\n- **Council members** who govern the university\n- **The broader community**, particularly people in tropical regions who benefit from JCU's specialised research focus\n- **Donors** who give money or property to the university\n\n## What does it actually do?\n\n**1. Creates the university as a legal entity**\nJCU is set up as a *body corporate* — meaning it can own property, sign contracts, sue and be sued in court, just like a company can.\n\n**2. Defines what JCU is for**\nJCU's official purposes include:\n- Teaching at university level\n- Research, especially on topics important to tropical communities\n- Awarding degrees and qualifications\n- Commercialising its research and knowledge\n- Supporting staff and student wellbeing\n\n**3. Establishes the governing council**\nJCU is run by a **council** — similar to a board of directors. The council has up to 16 members drawn from three groups:\n- **Official members**: the Chancellor, Vice-Chancellor, and (in some cases) the Academic Board Chairperson\n- **Appointed members**: 6 people appointed by the Governor in Council (a formal Queensland government process)\n- **Elected members**: 5 people elected by staff and students — 2 academics, 1 professional/technical staff member, 1 undergraduate student, 1 postgraduate student\n- **Additional members**: 2 independent outsiders appointed by the council itself\n\n**4. Sets rules for council members**\nCouncil members must act honestly, avoid conflicts of interest, and use reasonable care. They can be removed by a two-thirds majority vote. People with certain criminal convictions or who are banned from managing companies are generally ineligible.\n\n**5. Defines key university officers**\n- **Chancellor**: ceremonial head, elected by council, up to 5-year term\n- **Deputy Chancellor**: steps in when the Chancellor is unavailable\n- **Vice-Chancellor**: the day-to-day CEO, appointed by council\n\n**6. Creates associated bodies**\n- **Convocation**: a body of graduates/alumni whose structure the council decides\n- **JCU Union**: a separate legal body for students, with its own constitution (but that constitution must be approved by the council)\n- **Academic Board**: an optional advisory body on teaching, learning, and research\n\n**7. Handles property and money**\nThe Act sets out how JCU manages its finances, including:\n- How to redirect donated money if the original purpose becomes impossible or outdated (similar to a legal concept called *cy-près* — redirecting a gift to the closest alternative purpose)\n- How State-owned land held by JCU must be dealt with\n- Rules for investment funds and trust funds\n- A requirement for annual budgets\n\n**8. Protects council members from personal lawsuits**\nIf a council member acts honestly and without negligence, they can't be personally sued — the university wears the liability instead.\n\n## Why does it matter to you?\n\n- **If you're a student**: You have elected representatives on the council. Your student union is legally recognised. The university must spend its money on university purposes.\n- **If you're staff**: You elect representatives to the governing council and have formal protections.\n- **If you donated money to JCU**: There are rules about what happens if your intended purpose can no longer be fulfilled.\n- **If you're on the council**: You have real legal duties and can be removed or face penalties for breaching them."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.19(3)(b)","severity":"medium","reasoning":"Section 19(3) states that if a member is not re-elected, their term starts the day after their predecessor's term ends. For the first ever elected members of the council, there is no predecessor, making it logically impossible to determine when their term commences under this formula. The Act provides no fallback commencement date for inaugural members.","confidence":0.72,"description":"An elected member's term of office starts the day after the term of office of their 'predecessor' ends, but this provision gives no guidance for the very first elected members where there is no predecessor, creating an impossibility for inaugural council members."},{"type":"circular_definition","section":"sec.20A(6)","severity":"low","reasoning":"Section 20A(6) deems appointed persons to be elected. If that deemed-elected person's position later becomes vacant, sec.20A(2) requires looking back at the 'council election' at which they were elected — but there was no such election, only an appointment. The deeming provision creates a circularity that could make sec.20A(2) unworkable for second-generation casual vacancies.","confidence":0.65,"description":"A person appointed to fill a casual vacancy is 'taken to have been elected at a council election' for most purposes, but they were never actually elected. This legal fiction creates an absurdity where an appointed person is treated as elected for the purpose of determining future casual vacancies under sec.20A(2), potentially triggering a chain of people who are 'deemed elected' but never voted for."},{"type":"self_contradicting","section":"sec.21(2) and sec.21(4)","severity":"medium","reasoning":"Section 21(2) grants the Minister the power to appoint when elections fail, but sec.21(4) deems those appointees to have been elected. The term 'elected member' in the Act carries specific eligibility and accountability implications tied to the democratic mandate of election. Treating a ministerial appointee as an elected member undermines the conceptual integrity of the elected membership category, and creates a situation where the Minister can in practice populate the elected cohort of the council without any democratic process.","confidence":0.8,"description":"The Minister may appoint persons as 'elected members' when an election fails, and those persons are 'taken to have been elected at a council election.' This is a direct logical contradiction — a ministerially appointed person is by definition not elected, yet is legally treated as if they were."},{"type":"impossible_compliance","section":"sec.26B(1)","severity":"medium","reasoning":"The Act does not exclude the member under consideration from the two-thirds calculation or from voting. If the member participates, they will almost certainly vote against their own removal, distorting the threshold. If they are excluded, the denominator changes and the Act gives no instruction on this. The Act similarly contains no conflict-of-interest exclusion for this specific vote, creating a procedural gap.","confidence":0.7,"description":"The council may remove a member if 'at least two-thirds of its members are satisfied' the member has not complied with obligations. However, the member being removed is themselves a member of the council and would presumably be counted in the membership for the purpose of calculating the two-thirds threshold, creating an ambiguity about whether the subject of removal votes or is counted."},{"type":"self_contradicting","section":"sec.23(2) and sec.23(3)","severity":"medium","reasoning":"The 12-year limit appears designed to ensure council renewal and prevent entrenchment. However, the very council dominated by long-serving members could vote to waive the rule for themselves or allies. A rule waivable by the very people it constrains is internally contradictory in its purpose.","confidence":0.78,"description":"Section 23(2) prohibits election or appointment of a person who would serve more than 12 years total, but sec.23(3) allows a 'majority of members' to waive this restriction. This means the 12-year cap — ostensibly a hard governance limit — is entirely discretionary and can be overridden by a simple majority vote, rendering it largely meaningless."},{"type":"self_contradicting","section":"sec.36(2) and sec.36(3)","severity":"low","reasoning":"Granting an entity its powers while simultaneously denying any agency or employment relationship is internally contradictory. In law, directing the scope of another entity's legal powers is characteristic of a principal-agent relationship. The Act simultaneously creates this functional control while purporting to disclaim its legal consequences.","confidence":0.6,"description":"The council may decide the union's role and powers (sec.36(2)), but the union 'is not the employee or agent of the council' (sec.36(3)). This creates an absurd situation where the council can direct what powers the union has, but legally bears no responsibility for how the union exercises those council-granted powers."},{"type":"impossible_compliance","section":"sec.40A(2)","severity":"medium","reasoning":"The mandatory officer (chairperson) is dependent on a discretionary body (academic board). If the council exercises its discretion not to establish the board, the Act still requires there 'to be' a chairperson — of a non-existent body. The use of 'may' in sec.40(1) and 'is to be' in sec.40A(1) creates a logical impossibility.","confidence":0.82,"description":"Section 40A(1) states 'there is to be a chairperson of the academic board,' but sec.40(1) says the council 'may' (not must) establish an academic board. If the council chooses not to establish an academic board, the mandatory existence of a chairperson of that board becomes an impossibility."},{"type":"impossible_compliance","section":"sec.55(3)","severity":"low","reasoning":"The budget deliberately excludes certain revenue streams (sec.55(4) amounts), but the spending control obligation in sec.55(3) references the 'approved budget' without clarifying whether spending of excluded amounts is constrained. The standard 'as nearly as possible' is also inherently subjective and unenforceable.","confidence":0.55,"description":"The council must 'control its spending as nearly as possible within the limits of the approved budget,' but sec.55(2) allows the budget to be framed without accounting for bequests, donations and special grants. If those unbudgeted amounts are spent on legitimate university purposes, it is unclear whether sec.55(3) is violated, creating an unenforceable compliance standard."},{"type":"other","section":"sec.13(c)","severity":"medium","reasoning":"The Act does not define which 'chairperson' is referenced in sec.13(c). If it refers to the academic board chairperson (sec.40A), the board itself is optional (sec.40(1)), meaning this official member category may never exist. If it refers to another chairperson, that role is not clearly defined in the Act as presented.","confidence":0.68,"description":"Section 13(c) makes the chairperson an official member only 'if the chairperson is not the vice-chancellor.' This implies the chairperson could be the vice-chancellor, but sec.32 defines the vice-chancellor as the chief executive officer appointed by the council, while the chairperson (of the academic board under sec.40A) is a separate role decided by the council. The identity of 'the chairperson' as an official member category is ambiguous as to which chairperson is meant."},{"type":"other","section":"sec.62D(2)(a)","severity":"low","reasoning":"While the legal obligation is clear, the structural logic is inverted. The chancellor as the presiding officer of the council is expected to self-report to the vice-chancellor, who is an employee of the university. There is no backstop if the chancellor refuses or the vice-chancellor is complicit. A report to the Minister or council would be more logically consistent with governance principles.","confidence":0.63,"description":"If the chancellor is disqualified or convicted, they must notify the vice-chancellor. However, the vice-chancellor is a subordinate officer appointed by the council and serves under the chancellor's oversight. Requiring a disgraced chancellor to self-report to a subordinate they may supervise creates a practically unworkable and structurally inverted reporting chain."}],"contradictions":[{"severity":"high","section_a":"sec.40(1)","section_b":"sec.40A(1)","confidence":0.85,"description":"Section 40(1) gives the council a discretion to establish an academic board ('may establish'), while sec.40A(1) mandates that 'there is to be a chairperson of the academic board.' If the council elects not to establish the board, the mandatory chairperson requirement cannot be satisfied."},{"severity":"high","section_a":"sec.15(1)-(2)","section_b":"sec.21(2) and sec.21(4)","confidence":0.85,"description":"Section 15 defines elected members as persons elected at council elections. Section 21(2) and (4) allow the Minister to appoint persons as 'elected members' who are then deemed elected. This directly contradicts the definitional requirement that elected members be elected rather than appointed."},{"severity":"low","section_a":"sec.11(2)(a)","section_b":"sec.26AA(1)(a)","confidence":0.45,"description":"Section 11(2)(a) prohibits the council from delegating its power 'to make an election policy.' Section 26AA(1)(a) requires the council to make the election policy. Read together, these provisions are consistent, but sec.11(2)(a) implies the election policy power is non-delegable while sec.26AA places no similar express non-delegation notice, creating potential confusion about whether sub-bodies of the council can be tasked with drafting (if not formally making) the policy."},{"severity":"low","section_a":"sec.30(3)","section_b":"sec.30(4)","confidence":0.5,"description":"Section 30(3) provides that the chancellor 'need not be a member' of the council, while sec.30(4) says the chancellor must not be a student or staff member. However, sec.13(a) makes the chancellor an official member of the council. If the chancellor is elected before being a member, they simultaneously need not be a member (sec.30(3)) but immediately become one upon election (sec.13(a)), creating a bootstrapping tension in the membership sequencing."},{"severity":"medium","section_a":"sec.26A(2)(a)","section_b":"sec.10","confidence":0.6,"description":"Section 10 requires the council to act in the way most likely to promote the university's interests. Section 26A(2)(a) requires each individual member to act 'honestly and in the best interests of the university.' While facially consistent, these obligations could conflict if the council as a body decides on a course of action that a minority of members believe is not in the university's best interests — individual members would be legally obligated to act contrary to the council's collective decision, or breach their individual duty."},{"severity":"low","section_a":"sec.25(1)","section_b":"sec.26(1)","confidence":0.65,"description":"For appointed members convicted of an indictable offence, restoration to office is decided by the Minister (sec.25). For elected and additional members in the same situation, restoration is decided by the council (sec.26). This creates an asymmetry where the same indictable offence conviction triggers different decision-makers and different procedural protections depending on the member's category, with no stated rationale for the distinction."},{"severity":"medium","section_a":"sec.36(2)","section_b":"sec.38(3)","confidence":0.62,"description":"Section 36(2) allows the council to decide the union's role and powers. Section 38(3) provides that the union's constitution (which under sec.36(1) defines its role and powers) has no effect until approved by the council. Together these provisions give the council dual control — over the constitution and over additional powers outside the constitution — but create ambiguity about which source of powers prevails if the council grants powers via sec.36(2) that conflict with the approved constitution."},{"severity":"medium","section_a":"sec.23(1)(b)","section_b":"sec.23(4)","confidence":0.58,"description":"Section 23(1)(b) states a person with an indictable offence conviction is not eligible for membership. Section 23(4) states this is 'subject to sections 25 and 26.' However, sections 25 and 26 only apply to persons already convicted — they do not expand the eligibility of candidates who are convicted prior to any membership. The cross-reference creates ambiguity about whether the discretion in secs.25-26 can apply to pre-membership convictions of persons seeking to become members for the first time."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1905},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original establishment function. While initially creating the university and providing basic governance, it now includes detailed commercial exploitation powers (section 5(f)), complex council restructuring mechanisms with three major transitional regimes (2005, 2017, and 2026 amendments changing membership numbers and categories), detailed electoral procedures for staff and student representatives (sections 26AA-26AC), and extensive provisions managing the transition between different governance models. The Act has evolved from a simple university charter into a detailed governance code with multiple layers of transitional machinery."},"complexity_factors":["Multiple layers of transitional provisions (Divisions 2, 3, and 4 of Part 8) managing three separate restructuring events (2005, 2017, and 2026 amendments) with complex 'saving' provisions for existing office holders","Four distinct categories of Council membership (official, appointed, elected, additional) with different selection methods, term limits (2, 3, or 4 years), and eligibility rules","Extensive cross-referencing to other statutes 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","Nested conditional logic for filling casual vacancies (section 20A) with fallback mechanisms if no eligible candidates exist","Exceptions to disqualification rules (sections 23-26, 40C) allowing convicted persons to serve if certain bodies deem it 'reasonable', creating conditional carve-outs","Interaction between delegated powers (section 11) and sub-delegation by the Vice-Chancellor, creating chains of authority"],"plain_english_summary":"**What this law does**\n\nThis Act creates **James Cook University** as a legal entity (a \"body corporate\") and sets out how it is governed, what it can do, and who makes the decisions.\n\n**Key points for everyday people:**\n\n*   **The University itself** can do most things a person can do—sign contracts, buy and sell property, employ staff, and operate businesses. It specifically focuses on education and research, particularly matters important to tropical regions.\n\n*   **The Council** is the university's governing board (like a board of directors). It manages the university's affairs, money, and staff appointments. The Council must act in the university's best interests.\n\n*   **Who sits on the Council?** The Council is made up of four different types of members:\n    *   **Official members**: The Chancellor and Vice-Chancellor (and sometimes the Academic Board Chair).\n    *   **Appointed members**: Six people appointed by the Governor in Council (Queensland Government) for up to 4 years.\n    *   **Elected members**: Five people elected by the university community—specifically, two academic staff, one professional staff member, one undergraduate student, and one postgraduate student.\n    *   **Additional members**: Two people appointed by the Council itself (who cannot be staff or students).\n\n*   **Elections**: The Council must make rules (an \"election policy\") for how staff and student representatives are elected, including secret ballots and handling complaints.\n\n*   **Officers**: The Act creates the roles of **Chancellor** (who chairs Council meetings), **Deputy Chancellor**, and **Vice-Chancellor** (the chief executive who runs day-to-day operations).\n\n*   **Connected bodies**: It also establishes the **Student Union** (a separate body representing students), the **Academic Board** (which advises on teaching and research), and **Convocation** (a body of graduates and others).\n\n*   **Money and property**: The Act lets the university handle donations and trusts (including redirecting old donations to new purposes if the original purpose is finished or impossible), manage land, and run investment funds. It must apply all revenue to university purposes.\n\n*   **Campus rules**: Schedule 1 gives the university power to control traffic, issue parking fines, remove abandoned vehicles, and ask security officers to remove people causing disturbances or threatening safety.\n\n*   **Disqualification**: People can be disqualified from serving on the Council or as Chancellor/Vice-Chancellor if they are banned from managing companies under corporations law or have certain serious criminal convictions—though there are exceptions if the Council or Minister decides it is reasonable.\n\n**Why it matters**\nThis Act affects anyone who studies at, works at, or visits James Cook University. It determines who has power over the university's direction, how student representatives are chosen, how donations are managed, and what rules apply on campus."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially expanded from a simple establishing statute into a modern, detailed governance and commercial framework. The original core purpose (establishing a university and defining academic functions) remains (s 4–5), but later and successive amendments added substantial new areas: explicit commercialisation and corporate participation powers (s 61); detailed financial, trust and investment machinery including an investment common fund (ss 52–54, 53); expanded property and leasing flexibilities for State land (s 49); granular governance and election procedures (ss 11, 12–20, 26AA–26AC); tighter integrity controls (criminal‑history checks, disclosure and confidentiality rules at ss 62B, 62D, 62E); and operational enforcement powers on campus (Schedule 1). Those additions extend the Act’s scope from constitutional establishment into areas affecting market participation, property tenure, financial management and campus order. The changes create new discretionary decision points (Ministerial appointments and limited extension powers at s 14 and s 26C), new administrative burdens (election policy, trust schemes, destruction of sensitive documents), and clearer commercial pathways that alter how the university interacts with private enterprise (s 61)."},"complexity_factors":["Multiple membership classes for Council (official, appointed, elected, additional) with differing term lengths and eligibility rules (ss 12–20)","Extensive conditional and nested rules for casual vacancies, appointments and failures to elect (ss 20A, 21, 26A, 26AA–26AC, Part 8 transitional provisions)","Numerous cross‑references to other statutes (Corporations Act part 2D.6, Land Act 1994, Statutory Bodies Financial Arrangements Act 1982, Personal Property Securities Act 2009) (ss 23, 40B, 49, sch 1 s 10)","Delegation rules with explicit non‑delegable powers (s 11) and vice‑chancellor subdelegation provisions (s 11(3), s 32)","Multiple amendment and transitional blocks (2005, 2017, 2026) that modify membership and other governance mechanics (Part 8 divisions)","Schedule 1 contains detailed operational enforcement provisions (authorised/security officers, traffic control, vehicle seizure and disposal, conduct offences) with fines and procedural steps","Confidentiality and criminal‑history regimes with special handling and destruction obligations (ss 62B, 62D, 62E)","Trust management and re‑purposing scheme with written scheme, notice and amendment rules (ss 42–46)","Financial governance duties and special fund instruments (investment common fund, trust funds, statutory body declarations) creating ongoing administrative obligations (ss 50–55, 53)","Specific removal powers and thresholds for Council actions (two‑thirds required for removal in ss 26B, 40D) creating supermajority decision points"],"plain_english_summary":"**What this Act does (mechanics)\n\n- Establishes James Cook University as a corporate body with a common seal and the ability to sue or be sued (s 4).\n- Sets out the university’s core functions: to provide university-level education, conduct and encourage research (with emphasis on subjects important to people of the tropics), award higher education qualifications, support wellbeing of staff and students, and to exploit university resources commercially (s 5).\n- Gives the university broad powers to act like an individual (enter contracts, hold property, appoint agents, set fees etc.) and to exercise those powers inside and outside Queensland (s 6).\n- Creates a governing Council, defines the Council’s functions and powers, and sets rules for Council composition, appointment/election of members, terms, casual vacancies and quorum (ss 7–29; particularly ss 12–20, 17, 26AA–26AC).  The Council may delegate many powers but cannot delegate the power to make the election policy or to adopt the annual budget (s 11).\n- Establishes senior offices (chancellor, deputy chancellor, vice‑chancellor), their appointment, terms and grounds for removal (ss 30–32, 40C–40F).\n- Provides detailed eligibility, disclosure and removal rules for Council members, including disqualification where a person is disqualified from managing corporations or has certain criminal convictions; permits restoration in particular circumstances (ss 23–26, 62B–62D).\n- Requires the Council to make and publish an election policy that secures the integrity of internal elections and defines voting eligibility and procedures (ss 26AA–26AC).\n- Confers financial and property powers: the university is a statutory body for financial legislation (ss 50–51), may hold and manage trust funds, run an investment common fund, apply revenue to university purposes, adopt an annual budget and control spending (ss 52–56, 53, 54, 55).\n- Allows the university to deal with State land under the Land Act subject to limits (e.g. it may grant interests only by lease; trustee leases/subleases subject to some reserves can be up to 100 years) (s 49).\n- Enables the university to form or take part in corporations and commercial arrangements to exploit research, publish material, provide services, and seek gifts (s 61).\n- Provides campus management powers in a schedule: appointment and powers of authorised persons and security officers; traffic regulation, parking enforcement, seizure and disposal of illegally parked or abandoned vehicles; offences for disorderly conduct and failure to comply with directions or regulatory notices (Schedule 1, sch 1 ss 1–12 and pt.2–3).\n- Contains transitional and amendment-related provisions reflecting later changes to membership rules and governance (divisions in Part 8).\n\n\nWho is affected\n\n- The university and its Council: the Act defines their powers, duties and limits (many sections).  Council members and senior officers are directly regulated (eligibility, disclosure, removal).\n- Students and staff: they are the pool for certain elected Council seats and their wellbeing, study and research are specified university purposes (ss 15, 5, 54).  Students can be appointed to Council in specified classes (s 15) and may be subject to election and vacancy rules (ss 20A, 21, 26AA–26AC).\n- Donors and trustees: the Act governs how property given for restricted purposes may be re‑purposed where the donor’s purpose is spent, impossible or impractical, with a scheme to designate a new purpose (ss 42–46).\n- Landholders and contractors: the university may lease State land (s 49), enter commercial contracts, form companies and license IP or research outputs (s 61), and enter service arrangements for staff/facilities (s 62).\n- Visitors and vehicle owners on university land: subject to traffic and conduct rules in Schedule 1, including fines and seizure/removal of vehicles (sch 1 ss 5–10, 11–12).\n- The Minister and Police Commissioner: the Minister recommends appointed members (s 14) and may receive criminal-history reports under consent (s 62B); the Police Commissioner must comply with those requests (s 62B).\n\n\nWhy it matters (official rationale and what that implies)\n\n- Officially, the Act establishes a university with functions tailored to the tropics and gives the Council authority to run the institution, protect its finances and exploit resources to benefit the university (s 5, s 6, s 61).\n- Mechanically, the Act gives the university substantial operational autonomy (commercial and property powers, ability to form companies, ability to hold long leases on State land), while embedding governance controls: ministerial appointment of some members, disclosure duties for councillors, removal powers by Council, and statutory financial oversight (ss 14, 26B, 62D, 50–51).\n\n\nTesting the official claims against costs, incentives and trade‑offs\n\n- Incentives and private enterprise effects: the Act expressly enables commercialisation of university research and formation/participation in corporations (s 5(f), s 61).  That increases the university’s scope to compete in markets (licensing, consultancy, spin‑outs).  It creates concentrated benefits for the university and any management or partners who successfully monetise IP, while costs (e.g. staff time diverted to commercial activity) are borne internally unless specified otherwise by contract.\n\n- Property and investment choices: the investment common fund (s 53) and ability to hold long trustee leases (s 49) give the university tools to pool funds and secure long‑term infrastructure investment.  Those tools increase financial flexibility but also place on the Council the duty to manage conflicts and ensure proper trustee treatment of restricted funds (ss 42–46, 53).\n\n- Governance and accountability trade‑offs: the Act centralises many governance choices in the Council (appointment of additional members, appointment of vice‑chancellor, delegation rules) but places limits (cannot delegate election policy or approve budget) and subjects members to duties (s 26A) and disclosure obligations (s 62D).  Ministerial and Governor‑in‑Council roles remain for appointed members (s 14) and extension of terms in limited circumstances (s 26C).  These mechanisms create a mix of institutional autonomy with retained state levers.\n\n- Compliance and administrative burdens: the Council must run elections under a published policy with security and integrity measures (ss 26AA–26AC), maintain budgets and annual reviews (s 55), manage trust schemes and records (ss 42–46), and handle criminal‑history checks and protected information with destruction obligations (ss 62B, 62D, 62E).  Those are concrete administrative duties that create ongoing workload for university administration.\n\n- Risks and mitigation in the text: the Act builds in conflict‑of‑interest and disclosure requirements (s 26A, s 62D) and gives removal powers (s 26B, s 40D).  It also protects members from civil liability for honest, non‑negligent acts but shifts the liability to the university (s 62A), which centralises litigation risk on the institution.\n\n- Effects on individual choice, speech and campus order: Schedule 1 authorises security officers to direct people to leave and creates offences for disorderly conduct and failure to comply with directions (sch 1 ss 11–12).  Those powers regulate behaviour on campus; they are operational (supply of enforcement and penalties) rather than framed as criminal‑law policy.  Vehicle seizure and sale provisions (sch 1 ss 8–10) allocate costs of removal to vehicle owners when parked in contravention.\n\n\nPractical lines of accountability and who pays\n\n- Who decides: the Council exercises central decision authority (ss 8–9), but the Minister and Governor in Council have appointment and extension powers for certain members (ss 14, 26C).  The vice‑chancellor runs day‑to‑day operations and can subdelegate (ss 11, 32).\n- Who carries the costs: the university bears operational and litigation risk (s 62A), pays for management of trust and investment funds (ss 42–46, 53) and enforces campus rules (sch 1).  Private parties pay for costs connected to regulatory breaches on campus (e.g. vehicle removal costs; sch 1 s 8).\n\n\nImplementation risks and substitution effects\n\n- Election integrity and dispute resolution rest on the Council’s election policy (ss 26AA–26AC).  If that policy is weak or inconsistently applied, legitimacy of elected members could be contested.\n- The university’s ability to commercialise and form corporate entities (s 61) may shift resource allocation away from pure teaching/research toward revenue‑generating activity; the Act provides flexibility but not prescription on how commercial returns are governed internally.\n\n\nKey sections to look at for particular decisions\n\n- Core functions and commercial powers: s 5 and s 61.\n- Council composition, elections and member eligibility: ss 12–21, 20A, 26AA–26AC, 23.\n- Delegation limits and executive powers: ss 11, 32.\n- Financial and trust arrangements: ss 50–56, 42–46, 53.\n- Dealing with State land: s 49.\n- Member duties, disclosure and removal: ss 26A, 26B, 62B, 62D, 62E.\n- Campus conduct, traffic and security powers: Schedule 1 (sch 1).\n\n\nBottom line (mechanical summary): the Act establishes James Cook University, grants it broad corporate, commercial and property powers, prescribes a detailed governance structure for its Council and officers, creates financial and trust management rules, and supplies practical enforcement powers for campus order.  It balances institutional autonomy with statutory governance controls, disclosure duties and limited ministerial involvement (see cited sections)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/james-cook-university-act-1997","history":"/api/acts/james-cook-university-act-1997/history","analysis":"/api/acts/james-cook-university-act-1997/analysis","conflicts":"/api/acts/james-cook-university-act-1997/conflicts","importantCases":"/api/acts/james-cook-university-act-1997/important-cases","documents":"/api/acts/james-cook-university-act-1997/documents"}}