{"id":"nsw:act-1989-126","name":"Macquarie University Act 1989","slug":"macquarie-university-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"126 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106727,"registerId":"nsw-act-1989-126-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Macquarie University Act 1989](/view/html/inforce/current/act-1989-126).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act (section 32 (2) and (3) excepted) commences on a day or days to be appointed by proclamation.\n> \n> > (2) The provisions of section 32 (2) and (3) commence on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > commercial functions of the University means the commercial functions described in section 6 (3) (a).\n> > \n> > Council means the Council of the University.\n> > \n> > University means the Macquarie University established by this Act.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) In this Act, a reference to a graduate of the University is a reference to a person who is the recipient of a degree or diploma, or of such other award or certificate as may be prescribed by the by-laws, conferred or awarded—\n> > \n> > > (a) by the University,\n> > \n> > > (b) by or on behalf of any former institution that has, pursuant to this Act or to the [Higher Education (Amalgamation) Act 1989](/view/html/inforce/current/act-1989-065) or otherwise, become a part of the University, or\n> > \n> > > (c) by any predecessor of any such institution.\n> \n> > (3) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> > (4) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2001 No 101, Sch 2 \\[1\\]; 2004 No 115, Sch 2 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and functions of the University","content":"# Part 2 Constitution and functions of the University\n\nPart 2 Constitution and functions of the University","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of University","content":"#### 4 Establishment of University\n\n4 Establishment of University\n\n> A University, consisting of—\n> \n> > (a) a Council,\n> \n> > (b) Convocation,\n> \n> > (c) the professors and full-time members of the academic staff of the University and such other members or classes of members of the staff of the University as the by-laws may prescribe, and\n> \n> > (d) the graduates and students of the University,\n> \n> is established by this Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Incorporation of University","content":"#### 5 Incorporation of University\n\n5 Incorporation of University\n\n> The University is a body corporate under the name of the Macquarie University.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Object and functions of University","content":"#### 6 Object and functions of University\n\n6 Object and functions of University\n\n> > (1) The object of the University is the promotion, within the limits of the University’s resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence.\n> \n> > (2) The University has the following principal functions for the promotion of its object—\n> > \n> > > (a) the provision of facilities for education and research of university standard,\n> > \n> > > (b) the encouragement of the dissemination, advancement, development and application of knowledge informed by free inquiry,\n> > \n> > > (c) the provision of courses of study or instruction across a range of fields, and the carrying out of research, to meet the needs of the community,\n> > \n> > > (d) the participation in public discourse,\n> > \n> > > (e) the conferring of degrees, including those of Bachelor, Master and Doctor, and the awarding of diplomas, certificates and other awards,\n> > \n> > > (f) the provision of teaching and learning that engage with advanced knowledge and inquiry,\n> > \n> > > (g) the development of governance, procedural rules, admission policies, financial arrangements and quality assurance processes that are underpinned by the values and goals referred to in the functions set out in this subsection, and that are sufficient to ensure the integrity of the University’s academic programs.\n> \n> > (3) The University has other functions as follows—\n> > \n> > > (a) the University may exercise commercial functions comprising the commercial exploitation or development, for the University’s benefit, of any facility, resource or property of the University or in which the University has a right or interest (including, for example, study, research, knowledge and intellectual property and the practical application of study, research, knowledge and intellectual property), whether alone or with others,\n> > \n> > > (a1) without limiting paragraph (a), the University may generate revenue for the purpose of funding the promotion of its object and the carrying out of its principal functions,\n> > \n> > > (b) the University may develop and provide cultural, sporting, professional, technical and vocational services to the community,\n> > \n> > > (c) the University has such general and ancillary functions as may be necessary or convenient for enabling or assisting the University to promote the object and interests of the University, or as may complement or be incidental to the promotion of the object and interests of the University,\n> > \n> > > (d) the University has such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (4) The functions of the University may be exercised within or outside the State, including outside Australia.\n> \n> **s 6:** Subst 2001 No 101, Sch 2 \\[2\\]. Am 2014 No 43, Sch 1.2 \\[1\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Facilities for students, staff and others","content":"#### 7 Facilities for students, staff and others\n\n7 Facilities for students, staff and others\n\n> The University may, for the purposes of or in connection with the exercise of its functions, provide such facilities for its students and staff and other members of the university community as the University considers desirable.\n> \n> **s 7:** Subst 2001 No 101, Sch 2 \\[3\\].","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Council, authorities and officers of the University","content":"# Part 3 The Council, authorities and officers of the University\n\nPart 3 The Council, authorities and officers of the University","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"The Council","content":"## Division 1 The Council\n\nDivision 1 The Council\n\n**pt 3, div 1, hdg:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Definitions","content":"#### 8 Definitions\n\n8 Definitions\n\n> In this Division—\n> \n> appointed member means a Council appointed member or a Ministerially appointed member.\n> \n> categories of members—see section 8B (3).\n> \n> constitution rules—see section 8B (4).\n> \n> Council appointed member—see section 8F.\n> \n> elected member—see section 8D.\n> \n> external person means a person other than a member of the academic or non-academic staff of the University or an undergraduate or graduate student of the University.\n> \n> graduate member—see section 8E.\n> \n> Ministerially appointed member—see section 8G.\n> \n> official member—see section 8H.\n> \n> **s 8:** Subst 2012 (582), Sch 1 \\[1\\].","sortOrder":11},{"sectionNumber":"8A","sectionType":"section","heading":"The Council","content":"#### 8A The Council\n\n8A The Council\n\n> > (1) There is to be a Council of the University.\n> \n> > (2) The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.\n> \n> > (3) Schedule 1 has effect in relation to the members and procedure of the Council.\n> \n> **ss 8A–8H:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":12},{"sectionNumber":"8B","sectionType":"section","heading":"Size of Council","content":"#### 8B Size of Council\n\n8B Size of Council\n\n> > (1) The Council is to consist of a minimum of 11, and a maximum of 22, members.\n> \n> > (2) The total number of members is to be determined from time to time by a resolution passed by at least two-thirds of the members of the Council (the total number of members).\n> \n> > (3) The Council is to include the following categories of members—\n> > \n> > > (a) official members,\n> > \n> > > (b) elected members,\n> > \n> > > (c) Council appointed members,\n> > \n> > > (d) Ministerially appointed members.\n> \n> > (4) Subject to subsection (6), the number of members (other than official members) in each category is to be prescribed by rules made by the Council (in this Division called the constitution rules).\n> \n> > (5) A rule for the purposes of subsection (4) may be made only by a resolution passed by at least two-thirds of the members of the Council.\n> \n> > (6) The majority of the total number of members must be external persons.\n> > \n> > Note—\n> > \n> > Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of subsection (6).\n> \n> > (7) The number of members in any one category of members must not at any time constitute a majority of the total number of members.\n> \n> > (8) The Council must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.\n> \n> **ss 8A–8H:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":13},{"sectionNumber":"8C","sectionType":"section","heading":"Qualifications and experience of members","content":"#### 8C Qualifications and experience of members\n\n8C Qualifications and experience of members\n\n> > (1) Of the members of the Council—\n> > \n> > > (a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and\n> > \n> > > (b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).\n> \n> > (2) All appointed members must have expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University.\n> \n> **ss 8A–8H:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":14},{"sectionNumber":"8D","sectionType":"section","heading":"Elected staff and student members","content":"#### 8D Elected staff and student members\n\n8D Elected staff and student members\n\n> > (1) The constitution rules are to prescribe the number of persons to comprise the following categories of members—\n> > \n> > > (a) elected (academic staff) members,\n> > \n> > > (b) elected (non-academic staff) members,\n> > \n> > > (c) elected (student) members.\n> > \n> > Note—\n> > \n> > There may also be elected (graduate) members if the constitution rules so provide—see section 8E.\n> \n> > (2) Of the members elected under this section—\n> > \n> > > (a) at least one must be a member of the academic staff of the University elected by members of the academic staff, and\n> > \n> > > (b) at least one must be a member of the non-academic staff of the University elected by members of the non-academic staff, and\n> > \n> > > (c) at least one must be a student of the University who—\n> > > \n> > > > (i) is not employed on a full-time basis (or on such other basis as the by-laws may prescribe) as a member of the academic or non-academic staff of the University, and\n> > > \n> > > > (ii) is elected by the students of the University.\n> \n> > (3) The members referred to in subsection (2) (a)–(c) are—\n> > \n> > > (a) to have such qualifications as may be prescribed by the by-laws, and\n> > \n> > > (b) to be elected in the manner prescribed by the by-laws.\n> \n> **ss 8A–8H:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":15},{"sectionNumber":"8E","sectionType":"section","heading":"Graduate members","content":"#### 8E Graduate members\n\n8E Graduate members\n\n> > (1) At least one member of the Council, or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.\n> \n> > (2) The constitution rules may provide for the persons referred to in subsection (1) to become members of the Council in any one or more (or combination) of the following ways—\n> > \n> > > (a) by election as elected (graduate) members in the manner prescribed by the by-laws,\n> > \n> > > (b) by appointment by the Council under section 8F,\n> > \n> > > (c) by appointment by the Minister under section 8G.\n> \n> > (3) A rule providing for the appointment of a member by the Minister under section 8G may be made only with the approval of the Minister.\n> \n> > (4) The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.\n> \n> **ss 8A–8H:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":16},{"sectionNumber":"8F","sectionType":"section","heading":"Council appointed members","content":"#### 8F Council appointed members\n\n8F Council appointed members\n\n> > (1) The Council may appoint as members of the Council such number of external persons as is prescribed by the constitution rules for the category of Council appointed members.\n> \n> > (2) The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.\n> \n> **ss 8A–8H:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":17},{"sectionNumber":"8G","sectionType":"section","heading":"Ministerially appointed members","content":"#### 8G Ministerially appointed members\n\n8G Ministerially appointed members\n\n> > (1) The Minister may appoint as members of the Council 2 external persons, or such greater number of external persons (not exceeding 6) as is prescribed by the constitution rules for the category of Ministerially appointed members.\n> \n> > (2) The Minister may not appoint a member of the Parliament of New South Wales, the Parliament of the Commonwealth or another State or the Legislative Assembly of a Territory as a Ministerially appointed member.\n> \n> > (3) Without limiting the discretion of the Minister under subsection (1), the Council may suggest to the Minister persons who the Council considers would be appropriate for appointment by the Minister.\n> \n> **ss 8A–8H:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":18},{"sectionNumber":"8H","sectionType":"section","heading":"Official members","content":"#### 8H Official members\n\n8H Official members\n\n> The official members of the Council are the following—\n> \n> > (a) the Chancellor,\n> \n> > (b) the Vice-Chancellor,\n> \n> > (c) the person for the time being holding the office of presiding member of the Academic Senate (if the person is not the Vice-Chancellor) or of deputy presiding member of the Academic Senate (if the presiding member is the Vice-Chancellor).\n> \n> **ss 8A–8H:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":19},{"sectionNumber":"9","sectionType":"section","heading":"Term of office","content":"#### 9 Term of office\n\n9 Term of office\n\n> > (1) Subject to this Act, a member of the Council holds office as follows—\n> > \n> > > (a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,\n> > \n> > > (b) in the case of a Ministerially appointed member or Council appointed member, for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment,\n> > \n> > > (c) in the case of an elected member other than an elected (graduate) member, for such term (not exceeding 2 years) as may be prescribed by the by-laws,\n> > \n> > > (d) in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.\n> \n> > (2) The need to maintain an appropriate balance of experienced and new members on the Council must be taken into account—\n> > \n> > > (a) by the Council, when making the by-laws required under this section, and\n> > \n> > > (b) by the Minister and the Council, when appointing members to the Council.\n> \n> > (3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Council otherwise resolves in relation to the person).\n> \n> **s 9:** Subst 2004 No 115, Sch 2 \\[2\\]. Am 2005 No 98, Sch 2.38. Subst 2012 (582), Sch 1 \\[1\\].","sortOrder":20},{"sectionNumber":"Division 2","sectionType":"division","heading":"Other officers and bodies","content":"## Division 2 Other officers and bodies\n\nDivision 2 Other officers and bodies\n\n**pt 3, div 2, hdg:** Ins 2012 (582), Sch 1 \\[1\\].","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Chancellor","content":"#### 10 Chancellor\n\n10 Chancellor\n\n> > (1) Whenever a vacancy in the office of Chancellor occurs, the Council must elect a person (whether or not a member of the Council) to be Chancellor of the University.\n> \n> > (2) The Chancellor, unless he or she sooner resigns or is removed from office as Chancellor or ceases to be a member of the Council, holds office for such period (not exceeding 4 years), and on such conditions, as may be prescribed by the by-laws.\n> \n> > (3) The Chancellor has the functions conferred or imposed on the Chancellor by or under this or any other Act.\n> \n> **s 10:** Am 2011 No 51, Sch 3.2 \\[1\\].","sortOrder":22},{"sectionNumber":"11","sectionType":"section","heading":"Deputy Chancellor","content":"#### 11 Deputy Chancellor\n\n11 Deputy Chancellor\n\n> > (1) Whenever a vacancy in the office of Deputy Chancellor occurs, the Council must elect one of its members to be Deputy Chancellor of the University.\n> \n> > (2) The Deputy Chancellor, unless he or she sooner resigns or is removed from office as Deputy Chancellor or ceases to be a member of the Council, holds office for 2 years from the date of election and on such conditions as may be prescribed by the by-laws.\n> \n> > (3) In the absence of the Chancellor, or during a vacancy in the office of Chancellor or during the inability of the Chancellor to act, the Deputy Chancellor has all the functions of the Chancellor.\n> \n> **s 11:** Am 2011 No 51, Sch 3.2 \\[2\\].","sortOrder":23},{"sectionNumber":"11A","sectionType":"section","heading":"Removal from office of Chancellor or Deputy Chancellor","content":"#### 11A Removal from office of Chancellor or Deputy Chancellor\n\n11A Removal from office of Chancellor or Deputy Chancellor\n\n> > (1) The Council may remove the Chancellor or Deputy Chancellor from office by a no confidence motion passed in accordance with this section if it considers it in the best interests of the University to do so.\n> \n> > (2) The removal from office may be effected only if the no confidence motion is supported by at least a two-thirds majority of the total number of members for the time being of the Council at two consecutive ordinary meetings of the Council.\n> \n> > (3) The Chancellor or Deputy Chancellor may be removed from office under this section despite section 21G (6) and without the need to establish any breach of duty.\n> \n> > (4) This section applies to the Chancellor and Deputy Chancellor holding office on the commencement of this section and all subsequent holders of those offices.\n> \n> **s 11A:** Ins 2011 No 51, Sch 3.2 \\[3\\].","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Vice-Chancellor","content":"#### 12 Vice-Chancellor\n\n12 Vice-Chancellor\n\n> > (1) Whenever a vacancy in the office of Vice-Chancellor occurs, the Council must appoint a person (whether or not a member of the Council) to be Vice-Chancellor of the University.\n> \n> > (2) The Vice-Chancellor holds office for such period, and on such conditions, as the Council determines.\n> \n> > (3) The Vice-Chancellor is the principal executive officer of the University and has the functions conferred or imposed on the Vice-Chancellor by or under this or any other Act.","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Visitor","content":"#### 13 Visitor\n\n13 Visitor\n\n> > (1) The Governor is the Visitor of the University but has ceremonial functions only.\n> \n> > (2) Accordingly, the Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).\n> \n> **s 13:** Subst 1994 No 16, Sch 1.","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Convocation","content":"#### 14 Convocation\n\n14 Convocation\n\n> > (1) Convocation consists of—\n> > \n> > > (a) the members and past members of the Council,\n> > \n> > > (b) the graduates of the University,\n> > \n> > > (c) the professors and full-time members of the academic staff of the University and such other members or classes of members of the staff of the University as the by-laws may prescribe, and\n> > \n> > > (d) such graduates of other universities, or other persons, as are, in accordance with the by-laws, admitted as members of Convocation.\n> \n> > (2) Subject to the by-laws, meetings of Convocation are to be convened and the business at the meetings is to be as determined by Convocation.\n> \n> > (3) A quorum at any meeting of Convocation is to be such number of members as may be prescribed by the by-laws.\n> \n> > (4) Convocation has such functions as may be prescribed by the by-laws.\n> \n> > (5) The Council may establish a Standing Committee and such other committees of Convocation as it considers necessary.","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"Academic Senate","content":"#### 15 Academic Senate\n\n15 Academic Senate\n\n> > (1) There is to be an Academic Senate of the University, consisting of—\n> > \n> > > (a) the Vice-Chancellor, and\n> > \n> > > (b) such other persons as the Council may, in accordance with the by-laws, determine.\n> \n> > (2) Subject to subsection (1), the constitution and functions of the Academic Senate are to be as prescribed by the by-laws.","sortOrder":28},{"sectionNumber":"Part 4","sectionType":"part","heading":"Functions of Council","content":"# Part 4 Functions of Council\n\nPart 4 Functions of Council","sortOrder":29},{"sectionNumber":"16","sectionType":"section","heading":"Functions of Council","content":"#### 16 Functions of Council\n\n16 Functions of Council\n\n> > (1A) The Council—\n> > \n> > > (a) acts for and on behalf of the University in the exercise of the University’s functions, and\n> > \n> > > (b) has the control and management of the affairs and concerns of the University, and\n> > \n> > > (c) may act in all matters concerning the University in such manner as appears to the Council to be best calculated to promote the object and interests of the University.\n> \n> > (1B) Without limiting the functions of the Council under subsection (1A), the Council is, in controlling and managing the affairs and concerns of the University—\n> > \n> > > (a) to monitor the performance of the Vice-Chancellor, and\n> > \n> > > (b) to oversee the University’s performance, and\n> > \n> > > (c) to oversee the academic activities of the University, and\n> > \n> > > (d) to approve the University’s mission, strategic direction, annual budget and business plan, and\n> > \n> > > (e) to oversee risk management and risk assessment across the University (including, if necessary, taking reasonable steps to obtain independent audit reports of entities in which the University has an interest but which it does not control or with which it has entered into a joint venture), and\n> > \n> > > (e1) without limiting paragraph (e), to enter into or participate in arrangements or transactions, or combinations of arrangements or transactions, to effect financial adjustments for the management of financial risks, and\n> > \n> > > (f) to approve and monitor systems of control and accountability for the University (including in relation to controlled entities within the meaning of section 16A), and\n> > \n> > > (g) to approve significant University commercial activities (within the meaning of section 21A), and\n> > \n> > > (h) to establish policies and procedural principles for the University consistent with legal requirements and community expectations, and\n> > \n> > > (i) to ensure that the University’s grievance procedures, and information concerning any rights of appeal or review conferred by or under any Act, are published in a form that is readily accessible to the public, and\n> > \n> > > (j) to regularly review its own performance (in light of its functions and obligations imposed by or under this or any other Act), and\n> > \n> > > (k) to adopt a statement of its primary responsibilities, and\n> > \n> > > (l) to make available for members of the Council a program of induction and of development relevant to their role as such a member.\n> \n> > (1) Without limiting the functions of the Council under subsection (1A), the Council may, for and on behalf of the University in the exercise of the University’s functions—\n> > \n> > > (a) provide such courses, and confer such degrees and award such diplomas and other certificates, as it thinks fit,\n> > \n> > > (b) appoint and terminate the appointment of academic and other staff of the University,\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) obtain financial accommodation (including, without limitation, by the borrowing or raising of money) and do all things necessary or convenient to be done in connection with obtaining financial accommodation,\n> > \n> > > (e) invest any funds belonging to or vested in the University,\n> > \n> > > (f) promote, establish or participate in (whether by means of debt, equity, contribution of assets or by other means) partnerships, trusts, companies and other incorporated bodies, or joint ventures (whether or not incorporated),\n> > \n> > > (g) (Repealed)\n> > \n> > > (h) establish and maintain branches and colleges of the University, within the University and elsewhere,\n> > \n> > > (i) make loans and grants to students, and\n> > \n> > > (j) impose fees, charges and fines.\n> \n> > (2) The functions of the Council under this section are to be exercised subject to the by-laws.\n> \n> > (3) Schedule 2 has effect in relation to the investment of funds by the Council.\n> \n> Note—\n> \n> Division 7.3 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) regulates the provision of annual reporting information to Parliament by the Council and requires the Council to report on the University’s operations.\n> \n> **s 16:** Am 1996 No 24, Sch 1; 2001 No 101, Sch 2 \\[4\\]–\\[11\\]; 2004 No 115, Sch 2 \\[3\\]; 2014 No 43, Sch 1.2 \\[2\\]; 2017 No 22, Sch 1.12 \\[1\\] \\[2\\]; 2018 No 70, Sch 4.65\\[1\\].\n> \n> **s 16, note:** Ins 2004 No 115, Sch 2 \\[4\\].","sortOrder":31},{"sectionNumber":"16A","sectionType":"section","heading":"Controlled entities","content":"#### 16A Controlled entities\n\n16A Controlled entities\n\n> > (1) The Council must ensure that a controlled entity does not exercise any function or engage in any activity that the University is not authorised by or under this Act to exercise or engage in, except to the extent that the Council is permitted to do so by the Minister under this section.\n> \n> > (2) The Minister may, by order in writing, permit the Council to authorise a controlled entity to exercise a function or engage in an activity of the kind referred to in subsection (1). Permission may be given in respect of a specified function or activity or functions or activities of a specified class.\n> \n> > (3) The Governor may make regulations providing that subsection (1) does not apply to functions or activities of a specified class.\n> \n> > (4) Nothing in the preceding subsections confers power on a controlled entity to engage in any activity.\n> \n> > (5) Nothing in the preceding subsections affects any obligations imposed on a controlled entity by or under any Act or law, other than an obligation imposed on the controlled entity by the Council at its discretion.\n> \n> > (5A) The Council is, as far as is reasonably practicable, to ensure—\n> > \n> > > (a) that the governing bodies of controlled entities—\n> > > \n> > > > (i) possess the expertise and experience necessary to provide proper stewardship and control, and\n> > > \n> > > > (ii) comprise, where possible, at least some members who are not members of the Council or members of staff, or students, of the University, and\n> > > \n> > > > (iii) adopt and evaluate their own governance principles, and\n> > > \n> > > > (iv) document, and keep updated, a corporate or business strategy containing achievable and measurable performance targets, and\n> > \n> > > (b) that a protocol is established regarding reporting by governing bodies of controlled entities to the Council.\n> \n> > (6) In this section—\n> > \n> > controlled entity means a controlled entity (within the meaning of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)) of the University or Council.\n> \n> **s 16A:** Ins 2001 No 101, Sch 2 \\[12\\]. Am 2004 No 115, Sch 2 \\[5\\]–\\[7\\]; 2018 No 70, Sch 4.65\\[2\\].","sortOrder":32},{"sectionNumber":"17","sectionType":"section","heading":"Delegation by Council","content":"#### 17 Delegation by Council\n\n17 Delegation by Council\n\n> > (1) The Council may, in relation to any matter or class of matters, or in relation to any activity or function of the University, by resolution, delegate all or any of its functions (except this power of delegation) to any member or committee of the Council or to any authority or officer of the University or to any other person or body prescribed by the by-laws.\n> \n> > (2) If a function of the Council is delegated to the Vice-Chancellor in accordance with subsection (1) and the instrument of delegation authorises the sub-delegation of the function, the Vice-Chancellor may (subject to any condition to which the delegation is subject) sub-delegate the function to any person or body referred to in subsection (1).\n> \n> **s 17:** Am 2018 No 68, Sch 1.16.","sortOrder":33},{"sectionNumber":"17A","sectionType":"section","heading":"Operation of certain Acts","content":"#### 17A Operation of certain Acts\n\n17A Operation of certain Acts\n\n> Nothing in this Act limits or otherwise affects the operation of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) or the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152) to or in respect of the University or the Council.\n> \n> **s 17A:** Ins 2001 No 101, Sch 2 \\[13\\]. Am 2018 No 70, Sch 4.65\\[3\\].","sortOrder":34},{"sectionNumber":"17B","sectionType":"section","heading":"Recommendations of Ombudsman or Auditor-General","content":"#### 17B Recommendations of Ombudsman or Auditor-General\n\n17B Recommendations of Ombudsman or Auditor-General\n\n> The Council must include in each annual report of the Council as part of the report of its operations a report as to any action taken by the Council during the period to which the report relates to implement any recommendation made in a report of the Ombudsman or the Auditor-General concerning the Council or the University—\n> \n> > (a) whether or not the recommendation relates to a referral by the Minister under section 21E, and\n> \n> > (b) whether or not the recommendation relates to a University commercial activity (as defined in section 21A).\n> \n> **s 17B:** Ins 2001 No 101, Sch 2 \\[13\\].","sortOrder":35},{"sectionNumber":"18","sectionType":"section","heading":"Powers of Council relating to University property","content":"#### 18 Powers of Council relating to University property\n\n18 Powers of Council relating to University property\n\n> > (1) The Council has the control and management of land and other property vested in the University.\n> \n> > (2) The Council may, for the purposes of this Act—\n> > \n> > > (a) acquire land and other property, and\n> > \n> > > (b) agree to carry out conditions of the acquisition of the land or other property, and\n> > \n> > > (c) grant easements and covenants over land vested in the University, and\n> > \n> > > (d) subject to subsections (3)–(5), dispose of or otherwise deal with the following—\n> > > \n> > > > (i) land vested in the University,\n> > > \n> > > > (ii) other property of the University.\n> \n> > (3) The Council must not sell, mortgage, charge or lease relevant land without the Minister’s approval.\n> \n> > (4) Despite subsection (3), the Council does not require the Minister’s approval to—\n> > \n> > > (a) lease relevant land if—\n> > > \n> > > > (i) the term of the lease is no more than 21 years, and\n> > > \n> > > > (ii) the Council is satisfied the leasing of the land is consistent with the object and functions of the University under section 6, or\n> > \n> > > (b) lease relevant land if—\n> > > \n> > > > (i) the term of the lease is no more than 99 years, and\n> > > \n> > > > (ii) the leasing of the land is for the purposes of utilities infrastructure or utilities services, or\n> > \n> > > (c) enter into a planning agreement under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 7.4 if the agreement does not require the University to dedicate relevant land free of cost.\n> \n> > (5) A lease of land vested in the University, or a renewal of the lease, to a residential college affiliated with the University—\n> > \n> > > (a) must be for a term that is no more than 99 years, and\n> > \n> > > (b) must be at a nominal rent, and\n> > \n> > > (c) must contain a condition that the lease must not be assigned, and\n> > \n> > > (d) may contain other conditions the Council considers necessary or appropriate.\n> \n> > (6) The rule of law against remoteness of vesting does not apply to a condition of the acquisition of property to which the University has agreed.\n> \n> > (7) In this section—\n> > \n> > acquire includes acquire by purchase, gift, grant, bequest or devise.\n> > \n> > other property means property other than land.\n> > \n> > relevant land means land acquired by the University from the State at nominal or less than market value.\n> \n> **s 18:** Am 1994 No 16, Sch 1; 2014 No 43, Sch 1.2 \\[3\\]–\\[5\\]; 2017 No 22, Sch 1.12 \\[3\\]; 2017 No 23, Sch 1.2. Subst 2024 No 66, Sch 2.\\\\","sortOrder":37},{"sectionNumber":"19","sectionType":"section","heading":"Powers of Council over certain property vested in Crown","content":"#### 19 Powers of Council over certain property vested in Crown\n\n19 Powers of Council over certain property vested in Crown\n\n> > (1) Where any property used for the conduct of the University is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the Council has the control and management of that property and is responsible for its maintenance.\n> \n> > (2) Nothing in subsection (1) enables the Council to alienate, mortgage, charge or demise any land vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise).\n> \n> > (3) Notwithstanding subsection (2), the Council may (on behalf of the Crown or a Minister of the Crown) lease land of which it has, pursuant to this section, the control and management.\n> \n> > (4) Such a lease—\n> > \n> > > (a) must not be granted for a term (including any option for the grant of a further term) exceeding 21 years except with the approval of the Minister, and\n> > \n> > > (b) is to contain a condition that the lease is not to be assigned and such other conditions as the Council thinks fit.\n> \n> > (5) The Council is, in the exercise of its functions under this section, subject to the control and direction of the Minister.\n> \n> **s 19:** Am 2014 No 43, Sch 1.2 \\[6\\].","sortOrder":38},{"sectionNumber":"20","sectionType":"section","heading":"Acquisition of land","content":"#### 20 Acquisition of land\n\n20 Acquisition of land\n\n> > (1) The Minister may, for the purposes of this Act, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> > (2) The Minister may do so only if the University—\n> > \n> > > (a) applies to the Minister for acquisition of the land, and\n> > \n> > > (b) makes provision to the satisfaction of the Minister for the payment of the purchase price or of compensation for compulsory acquisition (together with all necessary charges and expenses incidental to the acquisition).\n> \n> > (3) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.\n> \n> > (4) Sections 34, 35, 36 and 37 of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed under this section.\n> \n> **s 20:** Subst 1992 No 57, Sch 2.","sortOrder":39},{"sectionNumber":"21","sectionType":"section","heading":"Grant or transfer of certain land to University","content":"#### 21 Grant or transfer of certain land to University\n\n21 Grant or transfer of certain land to University\n\n> > (1) If land on which the University is conducted is vested in the Crown or a Minister of the Crown (whether as Constructing Authority or otherwise), the land may—\n> > \n> > > (a) if it is vested in the Crown—be transferred to the University subject to such trusts, conditions, covenants, provisions, exceptions and reservations as the Minister for Natural Resources thinks fit, or\n> > \n> > > (b) if it is vested in a Minister of the Crown—be conveyed or transferred to the University for such estate, and subject to such trusts and rights of way or other easements, as the Minister in whom the land is vested thinks fit.\n> \n> > (2) A conveyance, transfer or other instrument executed for the purposes of this section—\n> > \n> > > (a) is not liable to stamp duty under the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047), and\n> > \n> > > (b) may be registered under any Act without fee.","sortOrder":40},{"sectionNumber":"Division 3","sectionType":"division","heading":"Commercial activities","content":"## Division 3 Commercial activities\n\nDivision 3 Commercial activities\n\n**pt 4, div 3:** Ins 2001 No 101, Sch 2 \\[14\\].","sortOrder":41},{"sectionNumber":"21A","sectionType":"section","heading":"Definitions","content":"#### 21A Definitions\n\n21A Definitions\n\n> In this Division—\n> \n> the Guidelines means the guidelines determined for the time being under section 21B.\n> \n> University commercial activity means—\n> \n> > (a) any activity engaged in by or on behalf of the University in the exercise of commercial functions of the University, and\n> \n> > (b) any other activity comprising the promotion of, establishment of or participation in any partnership, trust, company or other incorporated body, or joint venture, by or on behalf of the University, that is for the time being declared by the Guidelines to be a University commercial activity.\n> \n> **s 21A:** Ins 2001 No 101, Sch 2 \\[14\\]. Am 2014 No 43, Sch 1.2 \\[7\\].","sortOrder":42},{"sectionNumber":"21B","sectionType":"section","heading":"Guidelines for commercial activities","content":"#### 21B Guidelines for commercial activities\n\n21B Guidelines for commercial activities\n\n> > (1) The Council must by resolution determine, and must maintain, Guidelines requiring specified processes and procedures to be followed in connection with University commercial activities.\n> \n> > (2) The Council may by resolution amend or replace the Guidelines from time to time.\n> \n> > (3) Without limitation, the Guidelines may contain provision for or with respect to the following in connection with University commercial activities—\n> > \n> > > (a) requiring feasibility and due diligence assessment,\n> > \n> > > (b) requiring the identification of appropriate governance and administrative arrangements (including as to legal structures and audit requirements),\n> > \n> > > (c) requiring the undertaking of risk assessment and risk management measures,\n> > \n> > > (d) regulating and imposing requirements concerning the delegation by the Council of any of its functions under this Act in connection with University commercial activities,\n> > \n> > > (e) declaring a specified activity to be a University commercial activity for the purposes of paragraph (b) of the definition of that expression in section 21A,\n> > \n> > > (f) establishing a protocol regarding the rights and responsibilities of members of the Council in relation to commercialisation, with a view to avoiding real or apparent conflicts of interest.\n> \n> > (4) The Council must ensure that the Guidelines are complied with.\n> \n> > (5), (6) (Repealed)\n> \n> **s 21B:** Ins 2001 No 101, Sch 2 \\[14\\]. Am 2014 No 43, Sch 1.2 \\[8\\] \\[9\\].","sortOrder":43},{"sectionNumber":"21C","sectionType":"section","heading":"Register of commercial activities","content":"#### 21C Register of commercial activities\n\n21C Register of commercial activities\n\n> > (1) The Council is to maintain a Register of University commercial activities and is to enter and keep in the Register the following details of each of those activities—\n> > \n> > > (a) a description of the activity,\n> > \n> > > (b) details of all parties who participate in the activity,\n> > \n> > > (c) details of any appointment by or on behalf of the University to relevant boards or other governing bodies,\n> > \n> > > (d) details of any meetings at which relevant matters were considered and approved for the purposes of compliance with the Guidelines,\n> > \n> > > (e) such other details as the Guidelines may require.\n> \n> > (2) The Guidelines may make provision for the following—\n> > \n> > > (a) exempting specified activities or activities of a specified class from all or specified requirements of this section,\n> > \n> > > (b) altering the details to be included in the Register in respect of specified activities or activities of a specified class,\n> > \n> > > (c) enabling related activities to be treated as a single activity for the purposes of the Register.\n> \n> > (3) The Council must comply with any request by the Minister to provide the Minister with a copy of the Register or any extract from the Register.\n> \n> **ss 21C–21E:** Ins 2001 No 101, Sch 2 \\[14\\].","sortOrder":44},{"sectionNumber":"21D","sectionType":"section","heading":"Reports to Minister on commercial activities","content":"#### 21D Reports to Minister on commercial activities\n\n21D Reports to Minister on commercial activities\n\n> > (1) The Minister may request a report from the Council as to University commercial activities or as to any particular University commercial activity or aspect of a University commercial activity.\n> \n> > (2) The Council must provide a report to the Minister in accordance with the Minister’s request.\n> \n> **ss 21C–21E:** Ins 2001 No 101, Sch 2 \\[14\\].","sortOrder":45},{"sectionNumber":"21E","sectionType":"section","heading":"Referral of matters to Ombudsman or Auditor-General","content":"#### 21E Referral of matters to Ombudsman or Auditor-General\n\n21E Referral of matters to Ombudsman or Auditor-General\n\n> The Minister may refer a University commercial activity or any aspect of a University commercial activity (whether or not the subject of a report by the Council to the Minister)—\n> \n> > (a) to the Auditor-General for investigation and report to the Minister, or\n> \n> > (b) as a complaint to the Ombudsman that may be investigated by the Ombudsman as a complaint under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068).\n> \n> **ss 21C–21E:** Ins 2001 No 101, Sch 2 \\[14\\].","sortOrder":46},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Duties of Council members","content":"# Part 4A Duties of Council members\n\nPart 4A Duties of Council members\n\n**pt 4A (ss 21F, 21G):** Ins 2004 No 115, Sch 2 \\[9\\].","sortOrder":47},{"sectionNumber":"21F","sectionType":"section","heading":"Duties of Council members","content":"#### 21F Duties of Council members\n\n21F Duties of Council members\n\n> The members of the Council have the duties set out in Schedule 2A.\n> \n> **pt 4A (ss 21F, 21G):** Ins 2004 No 115, Sch 2 \\[9\\].","sortOrder":48},{"sectionNumber":"21G","sectionType":"section","heading":"Removal from office for breach of duty","content":"#### 21G Removal from office for breach of duty\n\n21G Removal from office for breach of duty\n\n> > (1) The Council may remove a member of the Council from office for breach of a duty set out in Schedule 2A.\n> \n> > (2) The removal from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed from office for breach of duty) was duly given.\n> \n> > (3) The removal from office may be effected only if the motion for removal is supported by at least a two-thirds majority of the total number of members for the time being of the Council.\n> \n> > (4) The motion for removal must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.\n> \n> > (5) If the member to whom the motion for removal refers does not attend the meeting, a reasonable opportunity to reply to the motion is taken to have been given if notice of the meeting has been duly given.\n> \n> > (6) A member of the Council may not be removed from office by the Council for breach of duty except pursuant to this section.\n> \n> **pt 4A (ss 21F, 21G):** Ins 2004 No 115, Sch 2 \\[9\\].","sortOrder":49},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"# Part 5 General\n\nPart 5 General","sortOrder":50},{"sectionNumber":"22","sectionType":"section","heading":"Advance by Treasurer","content":"#### 22 Advance by Treasurer\n\n22 Advance by Treasurer\n\n> The Treasurer may, with the approval of the Governor, advance to the Council money for the temporary accommodation of the University on such terms and conditions in relation to repayment and interest as may be agreed upon.","sortOrder":51},{"sectionNumber":"22A","sectionType":"section","heading":"Stamp duty exemption","content":"#### 22A Stamp duty exemption\n\n22A Stamp duty exemption\n\n> > (1) Unless the Treasurer otherwise directs in a particular case, neither the University nor the Council is liable to duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123), in respect of anything done by the University or Council for the purposes of the borrowing of money or the investment of funds of the University under this Act.\n> \n> > (2) The Treasurer may direct in writing that any other specified person is not liable to duty under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) in respect of anything done for the purposes of the borrowing of money or the investment of funds of the University under this Act, and the direction has effect accordingly.\n> \n> **s 22A:** Ins 2001 No 101, Sch 2 \\[15\\].","sortOrder":52},{"sectionNumber":"23","sectionType":"section","heading":"Financial year","content":"#### 23 Financial year\n\n23 Financial year\n\n> The financial year of the University is—\n> \n> > (a) if no period is prescribed as referred to in paragraph (b)—the year commencing on 1 January, or\n> \n> > (b) the period prescribed by the by-laws for the purposes of this section.","sortOrder":53},{"sectionNumber":"24","sectionType":"section","heading":"No religious test or political discrimination","content":"#### 24 No religious test or political discrimination\n\n24 No religious test or political discrimination\n\n> A person must not, because of his or her religious or political affiliations, views or beliefs, be denied admission as a student of the University or be ineligible to hold office in, to graduate from or to enjoy any benefit, advantage or privilege of the University.","sortOrder":54},{"sectionNumber":"25","sectionType":"section","heading":"Exemption from membership of body corporate or Convocation","content":"#### 25 Exemption from membership of body corporate or Convocation\n\n25 Exemption from membership of body corporate or Convocation\n\n> A student or graduate of the University or a member of staff of the University is entitled to be exempted by the Council, on grounds of conscience, from membership of the body corporate of the University or of Convocation, or both.","sortOrder":55},{"sectionNumber":"26","sectionType":"section","heading":"Re-appointment or re-election","content":"#### 26 Re-appointment or re-election\n\n26 Re-appointment or re-election\n\n> Nothing in this Act prevents any person from being re-appointed or re-elected to any office under this Act if the person is eligible and otherwise qualified to hold that office.","sortOrder":56},{"sectionNumber":"27","sectionType":"section","heading":"Seal of University","content":"#### 27 Seal of University\n\n27 Seal of University\n\n> The seal of the University is to be kept in such custody as the Council may direct and is only to be affixed to a document pursuant to a resolution of the Council.\n> \n> Note—\n> \n> Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50 (3) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> **s 27:** Am 2013 No 47, Sch 1.19 \\[1\\].","sortOrder":57},{"sectionNumber":"28","sectionType":"section","heading":"By-laws","content":"#### 28 By-laws\n\n28 By-laws\n\n> > (1) The Council may make by-laws, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n> > \n> > > (a) the management, good government and discipline of the University,\n> > \n> > > (b) the method of election of members of the Council who are to be elected,\n> > \n> > > (c) the manner and time of convening, holding and adjourning the meetings of the Council or Academic Senate,\n> > \n> > > (d) the manner of voting (including postal voting or voting by proxy) at meetings of the Council or Academic Senate,\n> > \n> > > (e) the functions of the presiding member of the Council or Academic Senate,\n> > \n> > > (f) the conduct and record of business of the Council or Academic Senate,\n> > \n> > > (g) the appointment of committees of the Council or Academic Senate,\n> > \n> > > (h) the quorum and functions of committees of the Council or Academic Senate,\n> > \n> > > (i) the resignation of members of the Council, the Chancellor, the Deputy Chancellor or the Vice-Chancellor,\n> > \n> > > (j) the tenure of office, stipend and functions of the Vice-Chancellor,\n> > \n> > > (k) the designation of members of staff of the University as academic staff, non-academic staff, full-time staff, part-time staff or otherwise,\n> > \n> > > (l) the number, stipend, manner of appointment and dismissal of officers and employees of the University,\n> > \n> > > (m) admission to, enrolment in and exclusion from courses of studies,\n> > \n> > > (n) the payment of such fees and charges, including fines, as the Council considers necessary, including fees and charges to be paid in respect of—\n> > > \n> > > > (i) entrance to the University,\n> > > \n> > > > (ii) tuition,\n> > > \n> > > > (iii) lectures and classes,\n> > > \n> > > > (iv) examinations,\n> > > \n> > > > (v) residence,\n> > > \n> > > > (vi) the conferring of degrees and the awarding of diplomas and other certificates,\n> > > \n> > > > (vii) the provision of amenities and services, whether or not of an academic nature, and\n> > > \n> > > > (viii) an organisation of students or of students and other persons,\n> > \n> > > (o) the exemption from, or deferment of, payment of fees and charges, including fines,\n> > \n> > > (p) without limiting the operation of paragraphs (n) and (o), the imposition and payment of penalties for parking and traffic infringements,\n> > \n> > > (q) the courses of lectures or studies for, the assessments for and the granting of degrees, diplomas, certificates and honours and the attendance of candidates for degrees, diplomas, certificates and honours,\n> > \n> > > (r) the assessments for, and the granting of, fellowships, scholarships, exhibitions, bursaries and prizes,\n> > \n> > > (s) the admission of students and former students of other universities and institutions of higher education to any status within the University or the granting to graduates of such universities or institutions, or other persons, of degrees or diplomas without examination,\n> > \n> > > (t) the establishment and conduct of places of accommodation for students (including residential colleges and halls of residence within the University) and the affiliation of residential colleges,\n> > \n> > > (u) the affiliation with the University of any educational or research establishment,\n> > \n> > > (v) the creation of faculties, schools, departments, centres or other entities within the University,\n> > \n> > > (w) the provision of schemes of superannuation for the officers and employees of the University,\n> > \n> > > (x) the form and use of academic costume,\n> > \n> > > (y) the form and use of an emblem of the University or of any body within or associated with the University,\n> > \n> > > (z) the use of the seal of the University, and\n> > \n> > > (aa) the making, publication and inspection of rules.\n> \n> > (2) A by-law has no effect unless it has been approved by the Governor.\n> \n> **s 28:** Am 2004 No 115, Sch 2 \\[9\\]–\\[11\\].","sortOrder":58},{"sectionNumber":"29","sectionType":"section","heading":"Rules","content":"#### 29 Rules\n\n29 Rules\n\n> > (1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3 (2), 8D (2) (c) (i) and (3) (a), 8E (4), 8F, 9 (1) (c) and (d), 10 (2), 14 (1), 16 (1) (d) and (e), 23 and 28 (1) (k) and clause 3 of Schedule 1 (to the extent it relates to appointments).\n> \n> > (1A) Despite subsection (1), only the Council may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 8D (3) (b), 8E (2) (a) and 28 (1) (b) and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules).\n> \n> > (1B) Election rules must be consistent with sound and democratic electoral practices, procedures and methods of voting.\n> \n> > (1C) The Council must ensure that any election rule it makes is made readily available to the public by whatever means the Council considers appropriate as soon as practicable after it is made.\n> \n> > (2) A rule—\n> > \n> > > (a) has the same force and effect as a by-law, and\n> > \n> > > (b) may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and\n> > \n> > > (c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and\n> > \n> > > (d) must indicate the authority or officer who made the rule and that it is made under this section.\n> \n> > (3) In the event of an inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.\n> \n> > (4) The fact that a provision of this Act specifically provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.\n> \n> **s 29:** Subst 2004 No 115, Sch 2 \\[12\\]. Am 2012 (582), Sch 1 \\[2\\] \\[3\\]; 2014 No 43, Sch 1.2 \\[10\\]–\\[13\\].","sortOrder":59},{"sectionNumber":"30","sectionType":"section","heading":"Recovery of charges, fees and other money","content":"#### 30 Recovery of charges, fees and other money\n\n30 Recovery of charges, fees and other money\n\n> Any charge, fee or money due to the University under this Act may be recovered as a debt in any court of competent jurisdiction.","sortOrder":60},{"sectionNumber":"31","sectionType":"section","heading":"Repeal etc","content":"#### 31 Repeal etc\n\n31 Repeal etc\n\n> > (1) The [Macquarie University Act 1964](/view/pdf/asmade/act-1964-29) is repealed.\n> \n> > (2) The Council of the Macquarie University, as constituted immediately before the repeal of the [Macquarie University Act 1964](/view/pdf/asmade/act-1964-29), is dissolved.\n> \n> > (3) The persons holding office as members of the Council and Deputy Chancellor immediately before the repeal of the [Macquarie University Act 1964](/view/pdf/asmade/act-1964-29) cease to hold office as such on that repeal.","sortOrder":61},{"sectionNumber":"32","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 32 Savings and transitional provisions\n\n32 Savings and transitional provisions\n\n> > (1) Schedule 3 has effect.\n> \n> > (2), (3) (Repealed)\n> \n> **s 32:** Am 2012 (582), Sch 1 \\[4\\].","sortOrder":62},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members and procedure of the Council","content":"# Schedule 1 Provisions relating to members and procedure of the Council\n\nSchedule 1 Provisions relating to members and procedure of the Council\n\n(Section 8A (3))\n\n**sch 1:** Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2001 No 101, Sch 2 \\[16\\]; 2004 No 115, Sch 2 \\[13\\] \\[14\\]; 2011 No 51, Sch 3.2 \\[4\\] \\[5\\]; 2012 (582), Sch 1 \\[5\\] \\[6\\]; 2014 No 43, Sch 1.2 \\[14\\].","sortOrder":63},{"sectionNumber":"6A","sectionType":"section","heading":"Use of technology","content":"#### 6A Use of technology\n\n6A Use of technology\n\n> > (1) Without limiting clause 6, a meeting of the Council may be called or held using any technology consented to by all the members of the Council.\n> \n> > (2) The consent may be a standing one.\n> \n> > (3) A member may only withdraw his or her consent a reasonable period before the meeting.\n> \n> > (4) If the members are not all in attendance at one place and are holding a meeting using technology that permits each member to communicate with other members—\n> > \n> > > (a) the members are, for the purpose of every provision of this Act and by-laws concerning meetings of the Council, taken to be assembled together at a meeting and to be present at that meeting, and\n> > \n> > > (b) all proceedings of those members conducted in that manner are as valid and effective as if conducted at a meeting at which all of them were present.","sortOrder":70},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Investment","content":"# Schedule 2 Investment\n\nSchedule 2 Investment\n\n(Section 16)\n\n**sch 2:** Subst 1989 No 179, Sch 1. Am 2001 No 101, Sch 2 \\[17\\]; 2014 No 43, Sch 1.2 \\[15\\] \\[16\\].","sortOrder":75},{"sectionNumber":"2A","sectionType":"section","heading":"Funds managers","content":"#### 2A Funds managers\n\n2A Funds managers\n\n> > (1) The Council may engage a funds manager to act in relation to the management of the funds belonging to or vested in the University.\n> \n> > (2) Such a funds manager may on behalf of the Council invest funds of the University in any investment in which the funds manager is authorised to invest its own funds or other funds.","sortOrder":78},{"sectionNumber":"Schedule 2A","sectionType":"schedule","heading":"Duties of Council members","content":"# Schedule 2A Duties of Council members\n\nSchedule 2A Duties of Council members\n\n(Section 21F)\n\n**sch 2A:** Ins 2004 No 115, Sch 2 \\[15\\]. Am 2008 No 23, Sch 3.33; 2010 No 19, Sch 3.64 \\[1\\] \\[2\\]; 2013 No 47, Sch 1.19 \\[2\\].","sortOrder":81},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 3 Savings and transitional provisions\n\nSchedule 3 Savings and transitional provisions\n\n(Section 32)\n\n**sch 3:** Am 1994 No 16, Sch 1; 2001 No 101, Sch 2 \\[18\\]; 2004 No 115, Sch 2 \\[16\\] \\[17\\]; 2012 (582), Sch 1 \\[7\\]; 2014 No 43, Sch 1.2 \\[17\\] \\[18\\]; 2017 No 22, Sch 1.12 \\[4\\].","sortOrder":87},{"sectionNumber":"1A","sectionType":"section","heading":"Savings or transitional regulations","content":"#### 1A Savings or transitional regulations\n\n1A Savings or transitional regulations\n\n> > (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.\n> \n> > (2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.\n> \n> > (3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.","sortOrder":88}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act was originally passed in 1989 to establish Macquarie University. Over 17 amendments spanning 35 years, its scope has almost certainly evolved — reflecting broader shifts in Australian university governance, including increased commercialisation, changes to council composition, financial accountability reforms, and updated student/staff rights frameworks. The most recent update (September 2024) suggests the Act continues to be actively maintained and refined beyond its original founding purpose."},"complexity_factors":["Only metadata and status information is available — the actual legislative provisions (sections, schedules) were not provided in the text, limiting full analysis","The Act has been amended numerous times over 35 years (at least 17 distinct versions since 2000), meaning its current form reflects layers of changes that could create complexity within the full text","University governance legislation typically involves interaction between multiple bodies (Council, Academic Senate, Minister, government agencies), adding moderate structural complexity","Falls under NSW state jurisdiction and must interact with Commonwealth higher education laws, creating a dual-layer regulatory environment","Scored conservatively low because the core purpose — establishing and governing a single university — is straightforward and well-understood in the Australian legislative context"],"plain_english_summary":"## Macquarie University Act 1989 — What Is This?\n\nThis is a NSW state law that **establishes and governs Macquarie University** as a legal institution. Think of it as the university's founding charter — the legal document that brings the university into existence and sets the basic rules for how it operates.\n\n### Who does this affect?\n- **Students** at Macquarie University — the Act underpins the legal authority of the institution you're enrolled in\n- **Staff** — their employer exists because of this Act\n- **The University Council** (the governing board) — their powers and responsibilities flow from this legislation\n- **The NSW Government** — it retains oversight through the responsible Minister (currently the Minister for Skills, TAFE and Tertiary Education)\n- **The general public** — as a publicly established institution, taxpayer-funded activities are governed by this framework\n\n### What does it do in plain terms?\n- **Creates the university** as a legal body (meaning it can own property, enter contracts, and sue or be sued)\n- **Sets up governance structures** — who runs the university, how decisions are made, and what accountability mechanisms exist\n- **Defines the university's purpose and powers** — what it can and can't do\n- **Provides the Minister with oversight powers** over the institution\n\n### Why does it matter to you?\nIf you're a student or staff member at Macquarie University, this Act is the bedrock of the institution's legal existence. The rules about how the university is run — who's in charge, how money is managed, your rights and the university's obligations — all trace back to this legislation. It has been updated **multiple times since 1989**, most recently in **September 2024**, reflecting ongoing adjustments to how Australian universities are governed."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as presented incorporates amendments that expand and refine the University’s scope compared with earlier versions. Notable scope changes in the text include the explicit addition and definition of commercial functions and a commercial activity regime (s 6(3); ss 21A–21E) (amendments noted in s 6 and s 21A as substituted/inserted by 2001 and later Acts), a controlled‑entities governance regime (s 16A, inserted 2001), the statutory duties and removal procedures for Council members (Part 4A — ss 21F–21G and Schedule 2A, inserted 2004), and later governance restructures affecting Council composition and procedure (insertions and substitutions in 2012 and later — see ss 8A–8H and Schedule 3, cl 13). The text records those amendments in marginal notes and substitution notes (e.g. s 6: Subst 2001 No 101; ss 8A–8H: Ins 2012 (582); pt 4A: Ins 2004 No 115), showing that the University’s statutory powers and governance framework have been broadened and formalised over time."},"complexity_factors":["Multiple governing layers and bodies (Council, Convocation, Academic Senate) with overlapping roles and delegated powers (ss 4, 8A, 15, 17).","Detailed compositional and appointment rules for Council (minimum/maximum size, categories, Ministerial appointments, elected members, external persons) and prescribed qualifications (ss 8B–8H, 8C, 9).","Extensive cross‑referencing to external statutes and to by‑laws/rules, producing interpretive dependencies (Interpretation Act, Government Sector Acts, Land/Stamp Duties Acts — see notes and ss 17A, 20, 21A).","A two‑track governance model for commercial activity (Council Guidelines and a public Register) plus Ministerial reporting/referral powers (ss 21B–21C, 21D–21E).","Controlled entities regime that limits activities unless the Minister permits exceptions and requires governance protocols (s 16A(1)–(5A)).","Investment and financial functions with delegated funds managers, common funds, and Treasurer/Treasury interactions (Schedule 2, cl 2A; s 22; s 22A).","Statutory duties, conflict‑of‑interest disclosure and mandatory removal procedures that create legal and administrative compliance obligations (Schedule 2A; s 21G).","Governor approval required for by‑laws and public availability obligations for election rules — additional procedural layers (ss 28(2), 29(1A)–(1C)).","Transitional and savings provisions addressing past arrangements and amendments, which complicate determining current effect without tracing amendment history (Schedule 3)."],"plain_english_summary":"What this law does (mechanically)\n\n- Creates Macquarie University as a corporation and the legal entity that runs it (ss 4–5). The corporate body includes a governing Council plus Convocation, academic staff, students and graduates (s 4).\n- Sets out the University’s object: to promote scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence within available resources (s 6(1)).\n- Lists the University’s principal functions (teaching, research, awarding degrees, public participation, quality assurance) and expressly permits a range of commercial functions and revenue generation (s 6(2)–(3), (a1)).\n- Establishes a Council as the University’s governing authority and sets detailed rules about Council size, composition, qualifications, terms of office and meetings (ss 8A–9; Schedule 1). The Council is explicitly given broad control of the University’s affairs and the power to delegate many of its functions (s 16; s 17).\n- Requires the Council to adopt guidelines, keep a Register and report on University commercial activities; the Minister may request reports and may refer matters to the Auditor‑General or Ombudsman (ss 21A–21E).\n- Regulates property, investment and financial arrangements: the Council controls University land and property subject to ministerial approvals for certain disposals (s 18); the Treasurer may advance money (s 22); stamp duty exemptions are available for borrowing/investing activity (s 22A); the Council may engage funds managers and establish investment common funds (Schedule 2, cl 2A, cl 3).\n- Imposes duties and conflict‑of‑interest rules on Council members, provides for disclosure, and sets out removal procedures for breach of duty (Schedule 2A; s 21F; s 21G). There are also protections for Council members acting in good faith (Schedule 1, cl 5).\n- Confers rule‑making powers: the Council may make by‑laws (subject to Governor approval) and by‑laws or delegated authorities may make rules for many operational matters (ss 28–29).\n\nOfficial rationale stated in the Act\n\n- The Act states the University’s object is to promote scholarship, research and academic excellence and to provide university‑standard education and research, including courses that meet community needs (s 6(1)–(2)). It records that commercial activities may be used to generate revenue for those purposes (s 6(3), (a1)).\n\nTesting the stated purposes against costs, incentives and mechanics (source‑grounded)\n\n- Who decides: The Council is the primary decision maker for University strategy, budgets, commercial approvals and by‑laws (s 16(1A)–(1B); s 28). The Minister has appointment and approval roles (Ministerial appointments s 8G; notice requirements s 8B(8); approvals for sale or mortgage of relevant land s 18(3); power to request reports s 21D; power to refer commercial matters s 21E). The Governor must approve by‑laws (s 28(2)).\n\n- Who pays or benefits: The Act gives the Council power to raise money, borrow and invest, and to generate revenue from commercial activities (s 16(1)(d)–(e); s 6(3)(a1)). The Treasurer can advance money to the Council (s 22). Leases of State‑transferred land to residential colleges may be at nominal rent (s 18(5)(b)), which mechanically reduces rental income but is a statutory condition. The stamp duty exemption removes a transactional cost for borrowing/investing activity unless the Treasurer directs otherwise (s 22A(1)–(2)).\n\n- Incentives and opportunity cost: The Act explicitly allows the University to commercialise its facilities, research and intellectual property to raise revenue for its object (s 6(3)(a), (a1)). That creates an incentive for the University to pursue revenue‑generating activities (s 21A defines “University commercial activity”) and sets processes (Guidelines) to manage those activities (s 21B). The opportunity cost is that resources (staff time, capital, land) used for commercial purposes are not simultaneously available for other university uses; the Act gives the Council discretion to make those allocation decisions (s 16(1A), s 16(1B)(d)).\n\n- Controls and constraints: The Act builds in governance controls. The Council must adopt and monitor Guidelines for commercial activities and keep a Register recording parties, approvals and governance arrangements (ss 21B–21C). Controlled entities are restricted from exercising functions beyond the University’s statutory authority unless the Minister permits it (s 16A(1)–(2)). The Council is required to oversee risks and obtain audits where appropriate (s 16(1B)(e)). These provisions impose internal governance and reporting obligations on the University (ss 21B–21C; s 16A(5A)).\n\n- Compliance burden and transparency: Maintaining Guidelines and a Register, producing reports at the Minister’s request, and implementing disclosure obligations for Council members (Schedule 2A, cl 5) create ongoing administrative work for the University. The Register must contain detailed entries and be producible to the Minister on request (s 21C(1)–(3); s 21B(4)). Disclosure particulars by Council members must be recorded in a book available for inspection (Schedule 2A, cl 5(3)).\n\n- Bureaucratic discretion and points of concentrated authority: The Council has wide discretion to manage University affairs and to approve significant commercial activities (s 16(1B)(c), (g)). The Minister retains appointment and approval powers in specified areas (s 8G; s 18(3); s 21D–21E), and the Governor must approve by‑laws (s 28(2)). Those provisions concentrate certain decision points with the Council and the Minister.\n\n- Conflicts of interest and safeguards: Council members must disclose material interests and generally refrain from participating in relevant deliberations unless the Council determines otherwise; disclosures are recorded and open for inspection (Schedule 2A, cl 5). Removal for breach of duty requires specified procedures and a two‑thirds Council majority (s 21G).\n\n- Effects on private enterprise, competition and contract freedom (mechanisms, not outcomes): The Act authorises the University to enter partnerships, establish or participate in companies and joint ventures, and otherwise commercialise University assets and IP (s 16(1B)(f); s 6(3)(a)). Mechanically, that authorisation enables the University to operate in commercial markets and contract with private parties; the Act also requires governance and reporting around those activities (ss 21B–21C). The Act does not itself set prices or terms for market transactions — those remain matters for the University and its commercial counterparties within the constraints of the Guidelines and other legal obligations (s 21B(3)).\n\n- Implementation risks and trade‑offs: Key implementation dependencies include the Council’s by‑laws and Guidelines (ss 28–29; s 21B), Governor approval for by‑laws (s 28(2)), and ministerial oversight where statutory approvals are required (s 18(3); s 16A(2)). Delays or gaps in by‑laws or Guidelines could affect elections, appointments and the lawful exercise of some functions; the Act provides transitional provisions for continuity (Schedule 3).\n\nWho this affects\n\n- University governance actors: Council members, Chancellor, Vice‑Chancellor, Academic Senate and Convocation (ss 4, 8A, 10–15).\n- University staff, students and graduates (membership, election eligibility and representation rules; ss 4; 8D; 8E).\n- External parties contracting or partnering with the University (commercial activity regime, required records and due diligence under ss 21A–21C; s 21B(3)(a)–(c)).\n- The Minister and relevant State bodies (appointment powers, approvals for land dealings, oversight and referral powers; ss 8G; 18(3); 21D–21E).\n\nPractical takeaways (mechanical effects)\n\n- The Council has broad managerial, commercial and investment powers but must do so under by‑laws and Council Guidelines and with specified disclosure and reporting obligations (ss 16; 28; 21B–21C).\n- The Act expressly enables the University to pursue commercial activities and generate revenue to support its academic object, while creating reporting, audit and ministerial oversight mechanisms to govern those activities (s 6(3); ss 21A–21E; s 16A).\n- Council members carry statutory duties and must declare material interests; removal for breach follows specified procedures (Schedule 2A; s 21G)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1989 establishment purpose. Major expansions include: (1) the 2001 insertion of detailed commercial activities provisions (Division 3 of Part 4) with Guidelines, registers, and oversight mechanisms; (2) the 2004 insertion of Part 4A imposing statutory duties on Council members akin to corporate directors; (3) the 2012 restructuring of Council membership from fixed categories to a flexible 11-22 member model with complex 'external person' requirements; and (4) the 2014 and 2017 amendments adding financial risk management powers and controlled entity oversight. The Act now functions as much as a corporate governance and financial management statute as an educational establishment Act."},"complexity_factors":["Multiple overlapping categories of Council membership (8 defined categories in section 8) with complex eligibility rules and appointment processes","Nested conditional logic for land dealings: section 18 contains exceptions to exceptions (general prohibition on selling/leasing state-acquired land, then exceptions for short-term leases, utility leases, and planning agreements)","Extensive cross-referencing to other Acts (Interpretation Act 1987, Government Sector Finance Act 2018, Ombudsman Act 1974, Corporations Act 2001, etc.)","Detailed transitional provisions in Schedule 3 spanning multiple amending Acts with complex continuity rules for office holders","Dual-layered rule-making system: by-laws (requiring Governor approval) vs rules (made by Council or delegates), with specific exclusions and hierarchies in section 29","Schedule 2A imposes statutory duties on Council members similar to company directors, with detailed disclosure requirements and conflict protocols","Commercial activities regime (Division 3 of Part 4) creates a parallel governance structure with Guidelines, registers, and ministerial referral powers overlaying standard functions"],"plain_english_summary":"**What this legislation does**\n\nThis Act establishes **Macquarie University** as a legal entity and sets out how it is governed, what it can do, and who makes decisions.\n\n**Key points:**\n\n- **Creates the University**: Macquarie University is established as a \"body corporate\" (a legal entity that can own property, enter contracts, and sue or be sued). It consists of a governing Council, Convocation (a broader assembly of graduates and staff), academic staff, and students.\n\n- **Sets the University's purpose**: The main goal is promoting scholarship, research, free inquiry, and academic excellence. The University must provide education and research of university standard, confer degrees, and engage with the community.\n\n- **Allows commercial activities**: The University can run businesses, commercialise research and intellectual property, and enter partnerships to generate revenue—but must follow specific guidelines and keep a public register of these activities.\n\n- **Establishes the Council**: The Council is the University's governing body, with 11–22 members. It must include:\n  - **Official members**: Chancellor, Vice-Chancellor, and Academic Senate representative\n  - **Elected members**: Staff and students chosen by their peers\n  - **Appointed members**: External people chosen by the Council or the Minister\n  \n  Critically, the majority of Council members must be \"external persons\" (people not employed by or studying at the University), and no single category can hold a majority.\n\n- **Sets duties for Council members**: Members must act in the University's best interests, exercise care and diligence, avoid conflicts of interest, and disclose material interests. They can be removed for breaching these duties or via a \"no confidence\" vote.\n\n- **Protects academic freedom**: No one can be denied admission or graduation based on religious or political beliefs.\n\n- **Manages property and money**: The Council controls University property, can buy and sell land (with some ministerial approvals required), borrow money, invest funds, and delegate powers to committees or officers.\n\n- **Provides for by-laws and rules**: The Council can make detailed regulations (by-laws) about everything from student discipline to fees to academic dress, subject to Governor approval.\n\n**Who it affects**\n\n- Students, staff, and graduates of Macquarie University\n- Members of the University Council and senior officers\n- The NSW Government (which appoints some Council members and oversees certain decisions)\n- Commercial partners and community organisations dealing with the University\n\n**Why it matters**\n\nThis Act is the constitutional foundation for Macquarie University. It balances institutional autonomy with public accountability—allowing the University to operate independently while ensuring ministerial oversight of major financial decisions, commercial activities, and land dealings. The \"external majority\" requirement for the Council ensures independent governance, while the detailed duties of Council members aim to prevent conflicts of interest and ensure responsible stewardship of public resources."}},"importantCases":[],"_links":{"self":"/api/acts/macquarie-university-act-1989","history":"/api/acts/macquarie-university-act-1989/history","analysis":"/api/acts/macquarie-university-act-1989/analysis","conflicts":"/api/acts/macquarie-university-act-1989/conflicts","importantCases":"/api/acts/macquarie-university-act-1989/important-cases","documents":"/api/acts/macquarie-university-act-1989/documents"}}