{"id":"qld:act-1998-004","name":"Queensland University of Technology Act 1998","slug":"queensland-university-of-technology-act-1998","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"4 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104663,"registerId":"qld-act-1998-004-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 Queensland University of Technology Act 1998 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"The university and its council","content":"# The university and its council","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"University establishment and general functions and powers","content":"## University establishment and general functions and powers","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Establishment of university","content":"### sec.4 Establishment of university\n\nThe Queensland University of Technology 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 Queensland University of Technology 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, and encourage, study and research; and\nto encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and\nto provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; 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.\n- (a) to provide education at university standard; and\n- (b) to provide facilities for, and encourage, study and research; and\n- (c) to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and\n- (d) to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and\n- (e) to confer higher education awards; and\n- (f) to disseminate knowledge and promote scholarship; and\n- (g) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and\n- (h) to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and\n- (i) to perform other functions given to the university under this or another Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"General powers of university","content":"### sec.6 General powers of university\n\nThe university has all the powers of an individual, and may, for example—\nenter into contracts; and\nacquire, hold, dispose of, and deal with property; and\nappoint agents and attorneys; and\nengage consultants; and\nfix charges, and other terms, for services and other facilities it supplies; and\ndo anything else necessary or convenient to be done for, or in connection with, its functions.\nWithout limiting subsection (1) , the university has the powers given to it under this or another Act.\nThe university may exercise its powers inside or outside Queensland.\nWithout limiting subsection (3) , the university may exercise its powers outside Australia.\n(sec.6-ssec.1) The university has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for, or in connection with, its functions.\n(sec.6-ssec.2) Without limiting subsection (1) , the university has the powers given to it under this or another Act.\n(sec.6-ssec.3) The university may exercise its powers inside or outside Queensland.\n(sec.6-ssec.4) Without limiting subsection (3) , the university may exercise its powers outside Australia.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants; and\n- (e) fix charges, and other terms, for services and other facilities it supplies; and\n- (f) do anything else necessary or convenient to be done for, or in connection with, its functions.","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Council establishment and general functions and powers","content":"## Council establishment and general functions and powers","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment of council","content":"### sec.7 Establishment of council\n\nThere is a council of the university.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions of council","content":"### sec.8 Functions of council\n\nThe council is the university’s governing body.\nThe council has the functions conferred on it under this or another Act.\n(sec.8-ssec.1) The council is the university’s governing body.\n(sec.8-ssec.2) The council has the functions conferred on it under this or another Act.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Powers of council","content":"### sec.9 Powers of council\n\nThe council may do anything necessary or convenient to be done for, or in connection with, its functions.\nWithout limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular—\nto appoint the university’s staff; and\nto manage and control the university’s affairs and property; and\nto manage and control the university’s finances.\n(sec.9-ssec.1) The council may do anything necessary or convenient to be done for, or in connection with, its functions.\n(sec.9-ssec.2) Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular— to appoint the university’s staff; and to manage and control the university’s affairs and property; and to manage and control the university’s finances.\n- (a) to appoint the university’s staff; and\n- (b) to manage and control the university’s affairs and property; and\n- (c) to manage and control the university’s finances.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Council to promote university’s interests","content":"### sec.10 Council to promote university’s interests\n\nThe council must act in the way that appears to it most likely to promote the university’s interests.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Delegation","content":"### sec.11 Delegation\n\nThe council may delegate its powers under this Act to—\nan appropriately qualified member of the council; or\nan appropriately qualified committee that includes 1 or more members of the council; or\nan appropriately qualified member of the university’s staff.\nHowever, the council may not delegate its power—\nto make an election policy; or\nto adopt the university’s annual budget.\nA delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.\ns 11 amd 2005 No. 18 s 73 ; 2017 No. 36 ss 53 , 117\n(sec.11-ssec.1) The council may delegate its powers under this Act to— an appropriately qualified member of the council; or an appropriately qualified committee that includes 1 or more members of the council; or an appropriately qualified member of the university’s staff.\n(sec.11-ssec.2) However, the council may not delegate its power— to make an election policy; or to adopt the university’s annual budget.\n(sec.11-ssec.3) A delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.\n- (a) an appropriately qualified member of the council; or\n- (b) an appropriately qualified committee that includes 1 or more members of the council; or\n- (c) an appropriately qualified member of the university’s staff.\n- (a) to make an election policy; or\n- (b) to adopt the university’s annual budget.","sortOrder":14},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Council membership","content":"## Council membership","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Membership of council","content":"### sec.12 Membership of council\n\nThe council consists of official members, appointed members, elected members and additional members.\ns 12 sub 2005 No. 18 s 74","sortOrder":16},{"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 of the academic committee is not the chancellor or vice-chancellor, or an elected, appointed or additional member—the chairperson.\ns 13 sub 2005 No. 18 s 75\n- (a) the chancellor; and\n- (b) the vice-chancellor; and\n- (c) if the chairperson of the academic committee is not the chancellor or vice-chancellor, or an elected, appointed or additional member—the chairperson.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Appointed members","content":"### sec.14 Appointed members\n\nThere are 3 appointed members.\nThe Governor in Council is to appoint the appointed members.\ns 14 amd 2021 No. 22 s 3\n(sec.14-ssec.1) There are 3 appointed members.\n(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Elected members","content":"### sec.15 Elected members\n\nThere are 5 elected members.\nThe elected members are—\n2 members of the full-time and part-time academic staff; and\n1 member of the full-time and part-time professional staff; and\n1 undergraduate student; and\n1 postgraduate student.\nEach elected member is to be elected at a council election.\ns 15 amd 2002 No. 75 s 60 ; 2005 No. 18 s 76 ; 2017 No. 36 s 118 ; 2021 No. 22 s 4\n(sec.15-ssec.1) There are 5 elected members.\n(sec.15-ssec.2) The elected members are— 2 members of the full-time and part-time academic staff; and 1 member of the full-time and part-time professional staff; 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 full-time and part-time academic staff; and\n- (b) 1 member of the full-time and part-time professional staff; and\n- (c) 1 undergraduate student; and\n- (d) 1 postgraduate student.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Additional members","content":"### sec.16 Additional members\n\nThere are 4 additional members.\nThe council must appoint the additional members, at least 2 of whom must be alumni of the university.\nAn additional member must not be a student or a member of the university’s academic staff or professional staff.\ns 16 sub 2005 No. 18 s 77\namd 2021 No. 22 s 5\n(sec.16-ssec.1) There are 4 additional members.\n(sec.16-ssec.2) The council must appoint the additional members, at least 2 of whom must be alumni of the university.\n(sec.16-ssec.3) An additional member must not be a student or a member of the university’s academic staff or professional staff.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"When council is taken to be properly constituted","content":"### sec.17 When council is taken to be properly constituted\n\nThe council is taken to be properly constituted when it has 8 or more members, whether they be additional, appointed, elected or official members.\ns 17 amd 2021 No. 22 s 6","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Appointed member’s term of office","content":"### sec.18 Appointed member’s term of office\n\nAn appointed member is to be appointed for a term of not more than 4 years.\ns 18 amd 2005 No. 18 s 78","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Elected member’s term of office","content":"### sec.19 Elected member’s term of office\n\nAn elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.\nAn elected member mentioned in section 15 (2) (c) or (d) holds office for 2 years.\nAn elected member’s term of office starts—\nif the member is re-elected—the day after the day when the member’s previous term of office ends; or\nif paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.\ns 19 amd 2005 No. 18 s 79 ; 2021 No. 22 s 7\n(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.\n(sec.19-ssec.2) An elected member mentioned in section 15 (2) (c) or (d) holds office for 2 years.\n(sec.19-ssec.3) An elected member’s term of office starts— if the member is re-elected—the day after the day when the member’s previous term of office ends; or if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.\n- (a) if the member is re-elected—the day after the day when the member’s previous term of office ends; or\n- (b) if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Additional member’s term of office","content":"### sec.20 Additional member’s term of office\n\nAn additional member is to be appointed for a term of not more than 4 years decided by the council.\ns 20 sub 2005 No. 18 s 80","sortOrder":24},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Dealing with casual vacancy in office of an elected member","content":"### sec.20A Dealing with casual vacancy in office of an elected member\n\nThis section applies if a casual vacancy arises in the office of an elected member.\nIf the member was elected at a council election, the council must appoint to the office the one person, if any, who—\nwas a candidate for the office in the council election; and\nwas not elected; and\nreceived the highest number of votes of all the candidates who were not elected; and\nis eligible, under this Act, to be a member; and\nis willing to be, and available to perform the functions of, a member.\nSubsection (4) applies if—\nthe elected member was not elected at a council election; or\nno-one is eligible for appointment under subsection (2) .\nA person is to be elected to the office at a council election.\nDespite subsection (4) , if the elected member was a person of a class mentioned in section 15 (2) (c) or (d) , the council may appoint a person of the same class to the office.\nA person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.\ns 20A ins 2002 No. 75 s 61\namd 2005 No. 18 s 80A ; 2017 No. 36 s 119 ; 2021 No. 22 s 8\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 member was elected at a council election, the council must appoint to the office the one person, if any, who— was a candidate for the office in the council election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member.\n(sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a council election; or no-one is eligible for appointment under subsection (2) .\n(sec.20A-ssec.4) A person is to be elected to the office at a council election.\n(sec.20A-ssec.5) Despite subsection (4) , if the elected member was a person of a class mentioned in section 15 (2) (c) or (d) , the council may appoint a person of the same class to the office.\n(sec.20A-ssec.6) A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.\n- (a) was a candidate for the office in the council election; and\n- (b) was not elected; and\n- (c) received the highest number of votes of all the candidates who were not elected; and\n- (d) is eligible, under this Act, to be a member; and\n- (e) is willing to be, and available to perform the functions of, a member.\n- (a) the elected member was not elected at a council election; or\n- (b) no-one is eligible for appointment under subsection (2) .","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Failure to elect elected members","content":"### sec.21 Failure to elect elected members\n\nThis section applies if, by the end of the relevant day, insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) to (d) (each a relevant class ) to comply with section 15 (2) .\nThe Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15 (2) .\nThe council may, if asked by the Minister, nominate a person for appointment under subsection (2) .\nA person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.\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 21 amd 2002 No. 75 s 62\nsub 2005 No. 18 s 80B ; 2017 No. 36 s 120\n(sec.21-ssec.1) This section applies if, by the end of the relevant day, insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) to (d) (each a relevant class ) to comply with section 15 (2) .\n(sec.21-ssec.2) The Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15 (2) .\n(sec.21-ssec.3) The council may, if asked by the Minister, nominate a person for appointment under subsection (2) .\n(sec.21-ssec.4) A person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.\n(sec.21-ssec.5) 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.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Casual vacancies","content":"### sec.22 Casual vacancies\n\nA person appointed or elected to fill a casual vacancy in the office of a member is appointed or elected for the balance of the term of office of the person’s predecessor.\ns 22 amd 2002 No. 75 s 74 sch","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Ineligibility for membership of council","content":"### sec.23 Ineligibility for membership of council\n\nA person is not eligible to become an elected, appointed or additional member if—\nthe person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\nthe person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .\nAlso, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for more than 12 years, whether continuously or not.\nSubsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member.\nSubsection (1) (b) is subject to sections 25 and 26 .\ns 23 sub 2005 No. 18 s 81\namd 2017 No. 36 s 54\n(sec.23-ssec.1) A person is not eligible to become an elected, appointed or additional member if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .\n(sec.23-ssec.2) Also, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for more than 12 years, whether continuously or not.\n(sec.23-ssec.3) Subsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member.\n(sec.23-ssec.4) Subsection (1) (b) is subject to sections 25 and 26 .\n- (a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (b) the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Vacation of office","content":"### sec.24 Vacation of office\n\nThe office of an elected, appointed or additional member becomes vacant if—\nthe member dies; or\nfor an elected member of a class mentioned in section 15 (2) (a) to (d) —\nif the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\notherwise—the member ceases to be an eligible person for the class; or\nAn elected member of a class mentioned in section 15 (2) (c) ceases to be an undergraduate student.\nfor an additional member—the member becomes a student or a member of the academic staff or professional staff of the university; or\nthe member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or\nthe member becomes an official member; or\nthe member resigns from office by signed notice—\nif the member is an appointed member—given to the Minister; or\nif the member is an elected or additional member—given to the vice-chancellor; or\nthe member is removed from office under section 26B ; or\nthe member is disqualified from managing corporations under the Corporations Act , part 2D .6; or\nthe member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .\nSee section 61D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .\nSubsection (1) (i) is subject to sections 25 and 26 .\nA resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.\nIn this section—\nnomination requirements means requirements for eligibility to be nominated as a candidate in a council election.\ns 24 amd 2005 No. 18 s 82 ; 2017 No. 36 ss 55 , 121 ; 2021 No. 22 s 9\n(sec.24-ssec.1) The office of an elected, appointed or additional member becomes vacant if— the member dies; or for an elected member of a class mentioned in section 15 (2) (a) to (d) — if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or otherwise—the member ceases to be an eligible person for the class; or An elected member of a class mentioned in section 15 (2) (c) ceases to be an undergraduate student. for an additional member—the member becomes a student or a member of the academic staff or professional staff of the university; or the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or the member becomes an official member; or the member resigns from office by signed notice— if the member is an appointed member—given to the Minister; or if the member is an elected or additional member—given to the vice-chancellor; or the member is removed from office under section 26B ; or the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) . See section 61D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .\n(sec.24-ssec.2) Subsection (1) (i) is subject to sections 25 and 26 .\n(sec.24-ssec.3) A resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.\n(sec.24-ssec.4) In this section— nomination requirements means requirements for eligibility to be nominated as a candidate in a council election.\n- (a) the member dies; or\n- (b) for an elected member of a class mentioned in section 15 (2) (a) to (d) — (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (c) ceases to be an undergraduate student.\n- (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\n- (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (c) ceases to be an undergraduate student.\n- (c) for an additional member—the member becomes a student or a member of the academic staff or professional staff of the university; or\n- (d) the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or\n- (e) the member becomes an official member; or\n- (f) the member resigns from office by signed notice— (i) if the member is an appointed member—given to the Minister; or (ii) if the member is an elected or additional member—given to the vice-chancellor; or\n- (i) if the member is an appointed member—given to the Minister; or\n- (ii) if the member is an elected or additional member—given to the vice-chancellor; or\n- (g) the member is removed from office under section 26B ; or\n- (h) the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (i) the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .\n- (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\n- (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (c) ceases to be an undergraduate student.\n- (i) if the member is an appointed member—given to the Minister; or\n- (ii) if the member is an elected or additional member—given to the vice-chancellor; or","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Discretion where appointed member convicted of indictable offence","content":"### sec.25 Discretion where appointed member convicted of indictable offence\n\nIf the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may—\nif the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or\notherwise—give written approval for the person to become an appointed member despite the conviction.\nOn the day the chancellor receives a notice under subsection (1) (a) —\nthe person is restored as an appointed member; and\nif another person has been appointed to fill the vacancy—the other person’s appointment ends.\nIf a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\ns 25 amd 2005 No. 18 s 165 sch ; 2017 No. 36 s 165 s ch 1 pt 2\n(sec.25-ssec.1) If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may— if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or otherwise—give written approval for the person to become an appointed member despite the conviction.\n(sec.25-ssec.2) On the day the chancellor receives a notice under subsection (1) (a) — the person is restored as an appointed member; and if another person has been appointed to fill the vacancy—the other person’s appointment ends.\n(sec.25-ssec.3) If a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\n- (a) if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become an appointed member despite the conviction.\n- (a) the person is restored as an appointed member; and\n- (b) if another person has been appointed to fill the vacancy—the other person’s appointment ends.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Discretion where elected or additional member convicted of indictable offence","content":"### sec.26 Discretion where elected or additional member convicted of indictable offence\n\nIf the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may—\nif the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or\notherwise—give written approval for the person to become an elected or additional member despite the conviction.\nOn the day the person receives a notice under subsection (1) (a) —\nthe person is restored as an elected or additional member; and\nif another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.\nIf a person is restored as an elected or additional member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\ns 26 amd 2005 No. 18 s 165 sch ; 2017 No. 36 s 165 s ch 1 pt 2\n(sec.26-ssec.1) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may— if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become an elected or additional member despite the conviction.\n(sec.26-ssec.2) On the day the person receives a notice under subsection (1) (a) — the person is restored as an elected or additional member; and if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.\n(sec.26-ssec.3) If a person is restored as an elected or additional member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\n- (a) if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become an elected or additional member despite the conviction.\n- (a) the person is restored as an elected or additional member; and\n- (b) if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.","sortOrder":31},{"sectionNumber":"pt.2-div.3A","sectionType":"division","heading":"Council elections","content":"## Council elections","sortOrder":32},{"sectionNumber":"sec.26AA","sectionType":"section","heading":"Election policy","content":"### sec.26AA Election policy\n\nThe council must—\nmake a policy (an election policy ) about the conduct of elections required under sections 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 (a) , provisions to ensure—\nonly persons who are eligible to vote may vote; and\na person can not vote more than once in an election; and\nvoting is done by secret ballot; and\na person is not improperly influenced in voting; and\nprovisions stating the procedure for voting, including the procedure for issuing ballots; and\nprovisions about—\nnotifying the period during which an election is to be held; and\nnominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\npublishing the results of an election, including the day by which the results must be published; and\nmaking and resolving complaints.\nAlso, the election policy may include provisions stating requirements for—\neligibility to be nominated as a candidate for a particular class of elected members; and\neligibility to vote, including eligibility to vote for a particular class of elected members.\nThe election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.\ns 26AA ins 2017 No. 36 s 122\n(sec.26AA-ssec.1) The council must— make a policy (an election policy ) about the conduct of elections required under sections 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 (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 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 (a) , provisions to ensure— (i) only persons who are eligible to vote may vote; and (ii) a person can not vote more than once in an election; and (iii) voting is done by secret ballot; and (iv) a person is not improperly influenced in voting; and\n- (i) only persons who are eligible to vote may vote; and\n- (ii) a person can not vote more than once in an election; and\n- (iii) voting is done by secret ballot; and\n- (iv) a person is not improperly influenced in voting; and\n- (c) provisions stating the procedure for voting, including the procedure for issuing ballots; and\n- (d) provisions about— (i) notifying the period during which an election is to be held; and (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and (iii) publishing the results of an election, including the day by which the results must be published; and (iv) making and resolving complaints.\n- (i) notifying the period during which an election is to be held; and\n- (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\n- (iii) publishing the results of an election, including the day by which the results must be published; and\n- (iv) making and resolving complaints.\n- (i) only persons who are eligible to vote may vote; and\n- (ii) a person can not vote more than once in an election; and\n- (iii) voting is done by secret ballot; and\n- (iv) a person is not improperly influenced in voting; and\n- (i) notifying the period during which an election is to be held; and\n- (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\n- (iii) publishing the results of an election, including the day by which the results must be published; and\n- (iv) making and resolving complaints.\n- (a) eligibility to be nominated as a candidate for a particular class of elected members; and\n- (b) eligibility to vote, including eligibility to vote for a particular class of elected members.","sortOrder":33},{"sectionNumber":"sec.26AB","sectionType":"section","heading":"Conduct of election","content":"### sec.26AB Conduct of election\n\nAn election required under section 15 or 20A must be held under the election policy.\ns 26AB ins 2017 No. 36 s 122","sortOrder":34},{"sectionNumber":"sec.26AC","sectionType":"section","heading":"Eligibility to vote","content":"### sec.26AC Eligibility to vote\n\nA person is eligible to vote in an election for a class of elected members mentioned in section 15 (2) (a) to (d) only if the person—\nis an eligible person for the class of elected members; and\notherwise meets any requirements under the election policy for eligibility to vote.\ns 26AC ins 2017 No. 36 s 122\n- (a) is an eligible person for the class of elected members; and\n- (b) otherwise meets any requirements under the election policy for eligibility to vote.","sortOrder":35},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Members’ function, and removing elected, appointed and additional members from office","content":"## Members’ function, and removing elected, appointed and additional members from office","sortOrder":36},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Member’s function, and obligations about function","content":"### sec.26A Member’s function, and obligations about function\n\nA member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.\nIn performing the function, a member—\nmust act honestly and in the best interests of the university; and\nmust exercise reasonable skill, care and diligence; and\nmust disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and\nmust not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.\ns 26A ins 2005 No. 18 s 83\n(sec.26A-ssec.1) A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.\n(sec.26A-ssec.2) In performing the function, a member— must act honestly and in the best interests of the university; and must exercise reasonable skill, care and diligence; and must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.\n- (a) must act honestly and in the best interests of the university; and\n- (b) must exercise reasonable skill, care and diligence; and\n- (c) must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and\n- (d) must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.","sortOrder":37},{"sectionNumber":"sec.26B","sectionType":"section","heading":"Council may remove member from office","content":"### sec.26B Council may remove member from office\n\nThe council may remove an elected, appointed or additional member from office if at least 10 members are satisfied the member has not complied with—\nsection 26A (2) ; or\na conduct obligation.\nIf the council decides to remove a member from office under subsection (1) , the council must as soon as practicable—\ngive the member notice of the decision and the reasons for it; and\nif the member is an appointed member—give the Minister a copy of the notice.\nIf the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following—\nthe day the member receives the notice;\nthe day, if any, stated in the notice for that purpose.\nThe council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .\ns 26B ins 2005 No. 18 s 83\namd 2021 No. 22 s 10\n(sec.26B-ssec.1) The council may remove an elected, appointed or additional member from office if at least 10 members are satisfied the member has not complied with— section 26A (2) ; or a conduct obligation.\n(sec.26B-ssec.2) If the council decides to remove a member from office under subsection (1) , the council must as soon as practicable— give the member notice of the decision and the reasons for it; and if the member is an appointed member—give the Minister a copy of the notice.\n(sec.26B-ssec.3) If the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following— the day the member receives the notice; the day, if any, stated in the notice for that purpose.\n(sec.26B-ssec.4) The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .\n- (a) section 26A (2) ; or\n- (b) a conduct obligation.\n- (a) give the member notice of the decision and the reasons for it; and\n- (b) if the member is an appointed member—give the Minister a copy of the notice.\n- (a) the day the member receives the notice;\n- (b) the day, if any, stated in the notice for that purpose.","sortOrder":38},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Extending terms of office","content":"## Extending terms of office","sortOrder":39},{"sectionNumber":"sec.26C","sectionType":"section","heading":"Minister may extend terms of office","content":"### sec.26C Minister may extend terms of office\n\nThe Minister may, by notice given to the council, extend the terms of office of 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 (1) , the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members.\nThe extension applies only to members holding office when the notice is given under subsection (1) .\nThis section—\ndoes not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and\napplies despite sections 18 , 19 (1) and (2) and 20 .\ns 26C ins 2005 No. 18 s 83\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 (1) , the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members.\n(sec.26C-ssec.3) The extension applies only to members holding office when the notice is given under subsection (1) .\n(sec.26C-ssec.4) This section— does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and applies despite sections 18 , 19 (1) and (2) and 20 .\n- (a) is in the best interests of the university; and\n- (b) is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.\n- (a) does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and\n- (b) applies despite sections 18 , 19 (1) and (2) and 20 .","sortOrder":40},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Meetings of the council","content":"## Meetings of the council","sortOrder":41},{"sectionNumber":"sec.27","sectionType":"section","heading":"Who is to preside at meetings","content":"### sec.27 Who is to preside at meetings\n\nThe chancellor must preside at meetings of the council.\nHowever, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.\n(sec.27-ssec.1) The chancellor must preside at meetings of the council.\n(sec.27-ssec.2) However, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.","sortOrder":42},{"sectionNumber":"sec.28","sectionType":"section","heading":"Quorum","content":"### sec.28 Quorum\n\nA quorum exists at a meeting of the council if at least half its members are present.","sortOrder":43},{"sectionNumber":"sec.29","sectionType":"section","heading":"Conduct of meetings","content":"### sec.29 Conduct of meetings\n\nThe council may otherwise regulate its proceedings as it considers appropriate.","sortOrder":44},{"sectionNumber":"pt.3","sectionType":"part","heading":"Certain officers of the university","content":"# Certain officers of the university","sortOrder":45},{"sectionNumber":"sec.30","sectionType":"section","heading":"Chancellor","content":"### sec.30 Chancellor\n\nThere is a chancellor of the university.\nThe council must elect a chancellor whenever there is a vacancy in the office.\nThe person elected need not be a member.\nThe person elected must not be a student or a member of the university’s academic staff or professional staff.\nThe chancellor holds office for the term, not longer than 5 years, fixed by the council.\ns 30 amd 2005 No. 18 s 84\n(sec.30-ssec.1) There is a chancellor of the university.\n(sec.30-ssec.2) The council must elect a chancellor whenever there is a vacancy in the office.\n(sec.30-ssec.3) The person elected need not be a member.\n(sec.30-ssec.4) The person elected must not be a student or a member of the university’s academic staff or professional staff.\n(sec.30-ssec.5) The chancellor holds office for the term, not longer than 5 years, fixed by the council.","sortOrder":46},{"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 2 years, fixed by the council.\nThe deputy chancellor is to act as chancellor—\nduring a vacancy in the office of chancellor; and\nduring all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.\ns 31 amd 2005 No. 18 s 85 ; 2017 No. 36 s 56\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 2 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":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"Vice-chancellor","content":"### sec.32 Vice-chancellor\n\nThere is a vice-chancellor of the university.\nThe council must appoint a vice-chancellor whenever there is a vacancy in the office.\nThe terms of appointment are as decided by the council.\nThe vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.\nThe vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff.\nSee also section 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.\ns 32 amd 2017 No. 36 s 57\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 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.","sortOrder":48},{"sectionNumber":"pt.4","sectionType":"part","heading":"Bodies connected with the university","content":"# Bodies connected with the university","sortOrder":49},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"QUT Alumni","content":"## QUT Alumni","sortOrder":50},{"sectionNumber":"sec.33","sectionType":"section","heading":"Establishment of QUT Alumni","content":"### sec.33 Establishment of QUT Alumni\n\nQUT Alumni is established.\nThe council is to decide the membership of QUT Alumni.\nThe council is to decide—\nhow meetings of QUT Alumni are to be called; and\nhow QUT Alumni is to conduct its proceedings; and\nif and how members of QUT Alumni are to be appointed as members of the council; and\nthe quorum of a meeting of QUT Alumni; and\nthe powers and functions of QUT Alumni.\ns 33 amd 2017 No. 36 s 123\n(sec.33-ssec.1) QUT Alumni is established.\n(sec.33-ssec.2) The council is to decide the membership of QUT Alumni.\n(sec.33-ssec.3) The council is to decide— how meetings of QUT Alumni are to be called; and how QUT Alumni is to conduct its proceedings; and if and how members of QUT Alumni are to be appointed as members of the council; and the quorum of a meeting of QUT Alumni; and the powers and functions of QUT Alumni.\n- (a) how meetings of QUT Alumni are to be called; and\n- (b) how QUT Alumni is to conduct its proceedings; and\n- (c) if and how members of QUT Alumni are to be appointed as members of the council; and\n- (d) the quorum of a meeting of QUT Alumni; and\n- (e) the powers and functions of QUT Alumni.","sortOrder":51},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Student guild","content":"## Student guild","sortOrder":52},{"sectionNumber":"sec.34","sectionType":"section","heading":"Establishment of student guild","content":"### sec.34 Establishment of student guild\n\nThe Queensland University of Technology Student Guild is established.\nThe student guild—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\n(sec.34-ssec.1) The Queensland University of Technology Student Guild is established.\n(sec.34-ssec.2) The student guild— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":53},{"sectionNumber":"sec.35","sectionType":"section","heading":"Composition","content":"### sec.35 Composition\n\nThe persons who are eligible to be members of the student guild are—\nstudents; and\npersons eligible for membership under the student guild’s constitution.\n- (a) students; and\n- (b) persons eligible for membership under the student guild’s constitution.","sortOrder":54},{"sectionNumber":"sec.36","sectionType":"section","heading":"Role","content":"### sec.36 Role\n\nThe student guild has the role and powers stated in its constitution.\nThe student guild also has the role and powers decided by the council.\nHowever, the student guild is not the employee or agent of the council.\n(sec.36-ssec.1) The student guild has the role and powers stated in its constitution.\n(sec.36-ssec.2) The student guild also has the role and powers decided by the council.\n(sec.36-ssec.3) However, the student guild is not the employee or agent of the council.","sortOrder":55},{"sectionNumber":"sec.37","sectionType":"section","heading":"General powers","content":"### sec.37 General powers\n\nWithout limiting section 36 , the student guild has all the powers of an individual, including, for example, the power to acquire, hold, dispose of, and deal with, property.","sortOrder":56},{"sectionNumber":"sec.38","sectionType":"section","heading":"Constitution","content":"### sec.38 Constitution\n\nThe student guild must have a written constitution.\nThe student guild’s constitution, and each amendment of the constitution, must be submitted to the council for its approval.\nThe constitution or amendment has no effect until approved by the council.\n(sec.38-ssec.1) The student guild must have a written constitution.\n(sec.38-ssec.2) The student guild’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":57},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":null,"content":"","sortOrder":58},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2017 No. 36 s 124","sortOrder":59},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Application of Corporations legislation to bodies","content":"## Application of Corporations legislation to bodies","sortOrder":60},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Excluded matters for Corporations legislation","content":"### sec.39A Excluded matters for Corporations legislation\n\nQUT Alumni is declared to be an excluded matter for the Corporations Act , section 5F , in relation to parts 5.7 and 5 .7B of that Act.\nThe student guild is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act.\nCorporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)\ns 39A ins 2001 No. 45 s 29 sch 3\namd 2017 No. 36 s 125\n(sec.39A-ssec.1) QUT Alumni is declared to be an excluded matter for the Corporations Act , section 5F , in relation to parts 5.7 and 5 .7B of that Act.\n(sec.39A-ssec.2) The student guild is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act. Corporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)","sortOrder":61},{"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":62},{"sectionNumber":"sec.39B","sectionType":"section","heading":"Disqualification from office","content":"### sec.39B 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 2D .6; or\nsubject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .\nSee section 61D for the requirement to disclose the disqualification or conviction.\nIf the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may—\nif the person was the chancellor, 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 (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 (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 39B ins 2005 No. 18 s 86\namd 2017 No. 36 s 58\n(sec.39B-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 2D .6; or subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . See section 61D for the requirement to disclose the disqualification or conviction.\n(sec.39B-ssec.2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may— if the person was the chancellor, 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.39B-ssec.3) On the day the person receives a notice under subsection (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.39B-ssec.4) If a person is restored as the chancellor, vice-chancellor or chairperson under subsection (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 2D .6; or\n- (b) subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .\n- (a) if the person was the chancellor, 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":63},{"sectionNumber":"sec.39C","sectionType":"section","heading":"Council may remove chancellor, vice-chancellor or chairperson from office","content":"### sec.39C 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 10 members are satisfied the chancellor, vice-chancellor or chairperson has not complied with—\nsection 26A (2) ; or\na conduct obligation.\nIf the council decides to remove the chancellor, vice-chancellor or chairperson from office under subsection (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 39C ins 2005 No. 18 s 86\namd 2021 No. 22 s 11\n(sec.39C-ssec.1) The council may remove the chancellor, vice-chancellor or chairperson from office if at least 10 members are satisfied the chancellor, vice-chancellor or chairperson has not complied with— section 26A (2) ; or a conduct obligation.\n(sec.39C-ssec.2) If the council decides to remove the chancellor, vice-chancellor or chairperson from office under subsection (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.39C-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 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":64},{"sectionNumber":"sec.39D","sectionType":"section","heading":"Particular matters about removal of vice-chancellor","content":"### sec.39D Particular matters about removal of vice-chancellor\n\nThe council may remove the vice-chancellor from office under section 39C despite the vice-chancellor’s terms of appointment.\nIf the council removes the vice-chancellor from office under section 39C —\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 39D ins 2005 No. 18 s 86\n(sec.39D-ssec.1) The council may remove the vice-chancellor from office under section 39C despite the vice-chancellor’s terms of appointment.\n(sec.39D-ssec.2) If the council removes the vice-chancellor from office under section 39C — 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":65},{"sectionNumber":"sec.39E","sectionType":"section","heading":"Vacation of office","content":"### sec.39E 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 39B ; or\nis removed from office under section 39C .\nThe office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.\ns 39E ins 2005 No. 18 s 86\n(sec.39E-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 39B ; or is removed from office under section 39C .\n(sec.39E-ssec.2) The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.\n- (a) can not continue as the chancellor, vice-chancellor or chairperson under section 39B ; or\n- (b) is removed from office under section 39C .","sortOrder":66},{"sectionNumber":"pt.5","sectionType":"part","heading":"Property and finance","content":"# Property and finance","sortOrder":67},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Property held on trust or conditions","content":"## Property held on trust or conditions","sortOrder":68},{"sectionNumber":"sec.40","sectionType":"section","heading":"Definition for div 1","content":"### sec.40 Definition for div 1\n\nIn this division—\nproperty includes income from property and a part or residue of the property.","sortOrder":69},{"sectionNumber":"sec.41","sectionType":"section","heading":"Amendment of terms of trusts and gifts","content":"### sec.41 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.41-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.41-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.41-ssec.3) The scheme must be in writing.\n(sec.41-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":70},{"sectionNumber":"sec.42","sectionType":"section","heading":"Selection of designated purpose","content":"### sec.42 Selection of designated purpose\n\nIn selecting the designated purpose, the council must prefer a purpose that—\nis as nearly similar as practicable to the donor’s purpose; and\ncan practically and conveniently be achieved.\nHowever, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .\n(sec.42-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.42-ssec.2) However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .\n- (a) is as nearly similar as practicable to the donor’s purpose; and\n- (b) can practically and conveniently be achieved.","sortOrder":71},{"sectionNumber":"sec.43","sectionType":"section","heading":"Property to be held for designated purpose","content":"### sec.43 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":72},{"sectionNumber":"sec.44","sectionType":"section","heading":"Certain persons to be given notice of scheme","content":"### sec.44 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":73},{"sectionNumber":"sec.45","sectionType":"section","heading":"Amendment of scheme","content":"### sec.45 Amendment of scheme\n\nThe council may amend the scheme.\nSections 41 to 44 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.45-ssec.1) The council may amend the scheme.\n(sec.45-ssec.2) Sections 41 to 44 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":74},{"sectionNumber":"sec.46","sectionType":"section","heading":"University’s powers under other laws not limited","content":"### sec.46 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":75},{"sectionNumber":"sec.47","sectionType":"section","heading":"University may carry out conditions of gift etc.","content":"### sec.47 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":76},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Dealing with State land by council","content":"## Dealing with State land by council","sortOrder":77},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of Land Act 1994","content":"### sec.48 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 (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‘educational institution’; or\n‘technical college’.\nThe purpose is taken to include anything that is consistent with the university’s functions under section 5 .\nSubsections (4) and (5) apply whether the 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 6 .\noperational reserve see the Land Act 1994 , schedule 6 .\ns 48 amd 2011 No. 39 s 36 ; 2024 No. 12 s 131 s ch 1 pt 1\n(sec.48-ssec.1) State land is held and may be disposed of under the Land Act 1994 .\n(sec.48-ssec.2) However, the university may grant an interest in State land only by way of lease.\n(sec.48-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.48-ssec.4) Subsection (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— ‘educational institution’; or ‘technical college’.\n(sec.48-ssec.5) The purpose is taken to include anything that is consistent with the university’s functions under section 5 .\n(sec.48-ssec.6) Subsections (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.48-ssec.7) In this section— operational deed of grant in trust see the Land Act 1994 , schedule 6 . operational reserve see the Land Act 1994 , schedule 6 .\n- (a) ‘educational institution’; or\n- (b) ‘technical college’.","sortOrder":78},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Finance","content":"## Finance","sortOrder":79},{"sectionNumber":"sec.49","sectionType":"section","heading":"University is statutory body under the Financial Accountability Act 2009","content":"### sec.49 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 49 amd 2009 No. 9 s 136 sch 1","sortOrder":80},{"sectionNumber":"sec.50","sectionType":"section","heading":"University is statutory body under the Statutory Bodies Financial Arrangements Act 1982","content":"### sec.50 University is statutory body under the Statutory Bodies Financial Arrangements Act 1982\n\nUnder the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.50-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.\n(sec.50-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":81},{"sectionNumber":"sec.51","sectionType":"section","heading":"Trust funds","content":"### sec.51 Trust funds\n\nThe university may establish or administer trust funds.","sortOrder":82},{"sectionNumber":"sec.52","sectionType":"section","heading":"Investment common fund","content":"### sec.52 Investment common fund\n\nThe university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.\nThe university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.\nThe university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.\nDespite subsection (3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.\nAlso, despite subsection (3) , the university may—\nadd a part of the income of the investment common fund to the fund’s capital; or\nuse a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.\n(sec.52-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.52-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.52-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.52-ssec.4) Despite subsection (3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.\n(sec.52-ssec.5) Also, despite subsection (3) , the university may— add a part of the income of the investment common fund to the fund’s capital; or use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.\n- (a) add a part of the income of the investment common fund to the fund’s capital; or\n- (b) use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.","sortOrder":83},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application of revenue","content":"### sec.53 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.53-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.53-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":84},{"sectionNumber":"sec.54","sectionType":"section","heading":"Financial review","content":"### sec.54 Financial review\n\nThe council must, in each year, adopt a budget for the university for the next year.\nIn framing the budget the council need not take account of amounts mentioned in subsection (4) .\nThe council must control its spending as nearly as possible within the limits of the approved budget.\nThe council must undertake an annual review of—\namounts available, or expected to be available, to the university by way of bequest, donation or special grant; and\nthe spending of the amounts.\n(sec.54-ssec.1) The council must, in each year, adopt a budget for the university for the next year.\n(sec.54-ssec.2) In framing the budget the council need not take account of amounts mentioned in subsection (4) .\n(sec.54-ssec.3) The council must control its spending as nearly as possible within the limits of the approved budget.\n(sec.54-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":85},{"sectionNumber":"sec.55","sectionType":"section","heading":"University’s financial year","content":"### sec.55 University’s financial year\n\nThe university’s financial year is a calendar year.","sortOrder":86},{"sectionNumber":"pt.6","sectionType":"part","heading":null,"content":"","sortOrder":87},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 amd 2005 No. 18 s 87 ; 2017 No. 36 s 59\nom 2017 No. 36 s 126","sortOrder":88},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 om 2017 No. 36 s 126","sortOrder":89},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 2017 No. 36 s 126","sortOrder":90},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 2017 No. 36 s 126","sortOrder":91},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":92},{"sectionNumber":"sec.60","sectionType":"section","heading":"Forming and taking part in corporations","content":"### sec.60 Forming and taking part in corporations\n\nThe university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following—\nmaking available facilities for study, research or education;\nproviding teaching, research, development, consultancy or other services for public or private entities;\nhelping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;\npreparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;\nexploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;\nseeking or encouraging gifts to the university or for the university’s purposes;\nanother object, consistent with this Act, that the council considers is appropriate in the circumstances.\nThe university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.\nThis section applies despite the Corporations Act .\ns 60 amd 2001 No. 45 s 29 sch s 2 – 3 ; 2005 No. 18 s 88\n(sec.60-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.60-ssec.2) The university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.\n(sec.60-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":93},{"sectionNumber":"sec.61","sectionType":"section","heading":"Use of facilities and staff","content":"### sec.61 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":94},{"sectionNumber":"sec.61A","sectionType":"section","heading":"Protection from liability","content":"### sec.61A Protection from liability\n\nA member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.\ns 61A ins 2005 No. 18 s 89\n(sec.61A-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.61A-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.","sortOrder":95},{"sectionNumber":"sec.61B","sectionType":"section","heading":"Report about person’s criminal history","content":"### sec.61B Report about person’s criminal history\n\nTo decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for—\na written report about the person’s criminal history; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nTo decide whether a person is eligible to be the chancellor, 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 (1) or (2) .\nHowever, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.\nThe duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\nThe Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\nIn this section—\ncriminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\ns 61B ins 2005 No. 18 s 89\n(sec.61B-ssec.1) To decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.61B-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.61B-ssec.3) The commissioner of the police service must comply with a request under subsection (1) or (2) .\n(sec.61B-ssec.4) However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.\n(sec.61B-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.61B-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.61B-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":96},{"sectionNumber":"sec.61C","sectionType":"section","heading":"Delegation by Minister","content":"### sec.61C Delegation by Minister\n\nThe Minister may delegate the Minister’s power under section 61B (1) to an appropriately qualified officer of the department.\ns 61C ins 2005 No. 18 s 89","sortOrder":97},{"sectionNumber":"sec.61D","sectionType":"section","heading":"Requirement to disclose particular matters","content":"### sec.61D Requirement to disclose particular matters\n\nThis section applies if a person who is a member—\nis disqualified from managing corporations under the Corporations Act , part 2D .6; or\nis convicted of an indictable offence mentioned in section 24 (1) (i) or 39B (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 61D ins 2017 No. 36 s 60\namd 2017 No. 36 s 165 s ch 1 pt 2\n(sec.61D-ssec.1) This section applies if a person who is a member— is disqualified from managing corporations under the Corporations Act , part 2D .6; or is convicted of an indictable offence mentioned in section 24 (1) (i) or 39B (1) (b) .\n(sec.61D-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.61D-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.61D-ssec.4) The Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.\n- (a) is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (b) is convicted of an indictable offence mentioned in section 24 (1) (i) or 39B (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":98},{"sectionNumber":"sec.61E","sectionType":"section","heading":"Restrictions on disclosing protected information","content":"### sec.61E Restrictions on disclosing protected information\n\nThis section applies to a person who possesses protected information because the person is or was—\nthe Minister; or\na member; or\na person involved in the administration of this Act, including, for example, as a public service employee; or\na person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.\nThe person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) .\nMaximum penalty—100 penalty units.\nThe person may disclose the protected information to another person—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not identify the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\nAlso, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions—\nthe council;\na committee of the council;\na member;\nanother person.\nIn this section—\nfunction includes power.\nperform , a function, includes exercise a power.\nprotected information means—\na report, or information contained in a report, given under section 61B ; or\na notice, or information contained in a notice, given under section 61D .\ns 61E ins 2017 No. 36 s 60\n(sec.61E-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.61E-ssec.2) The person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) . Maximum penalty—100 penalty units.\n(sec.61E-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.61E-ssec.4) Also, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions— the council; a committee of the council; a member; another person.\n(sec.61E-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 61B ; or a notice, or information contained in a notice, given under section 61D .\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 61B ; or\n- (b) a notice, or information contained in a notice, given under section 61D .","sortOrder":99},{"sectionNumber":"sec.62","sectionType":"section","heading":"Control of traffic and conduct on university land","content":"### sec.62 Control of traffic and conduct on university land\n\nSchedule 1 has effect.","sortOrder":100},{"sectionNumber":"sec.63","sectionType":"section","heading":"Regulation-making power","content":"### sec.63 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":101},{"sectionNumber":"sec.64","sectionType":"section","heading":"Repealed Act references","content":"### sec.64 Repealed Act references\n\nIn an Act or document, a reference to the Queensland University of Technology Act 1988 may, if the context permits, be taken to be a reference to this Act.","sortOrder":102},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions for the University Legislation Amendment Act 2005","content":"# Transitional provisions for the University Legislation Amendment Act 2005","sortOrder":103},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":104},{"sectionNumber":"sec.65","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.65 Definitions for pt 8\n\nIn this part—\ncommencement means the commencement of the provision in which the term is used.\nnew additional members see section 68.\npre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act 2005 , part 5 .\ns 65 prev s 65 exp 20 November 1999 (see s 77)\npres s 65 ins 2005 No. 18 s 90","sortOrder":105},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Provisions about council membership","content":"## Provisions about council membership","sortOrder":106},{"sectionNumber":"sec.66","sectionType":"section","heading":"Appointed members","content":"### sec.66 Appointed members\n\nThis section applies to a person who was an appointed member immediately before the commencement.\nThe person is taken to have been appointed as an appointed member for a term of 4 years, unless the person was appointed to fill a casual vacancy in the office of an appointed member.\nIf the person was appointed to fill a casual vacancy in the office of an appointed member, the term of office of the person’s predecessor is taken to be 4 years.\nSubsections (2) and (3) apply despite section 18 of the pre-amended Act.\ns 66 prev s 66 exp 20 November 1999 (see s 77)\npres s 66 ins 2005 No. 18 s 90\n(sec.66-ssec.1) This section applies to a person who was an appointed member immediately before the commencement.\n(sec.66-ssec.2) The person is taken to have been appointed as an appointed member for a term of 4 years, unless the person was appointed to fill a casual vacancy in the office of an appointed member.\n(sec.66-ssec.3) If the person was appointed to fill a casual vacancy in the office of an appointed member, the term of office of the person’s predecessor is taken to be 4 years.\n(sec.66-ssec.4) Subsections (2) and (3) apply despite section 18 of the pre-amended Act.","sortOrder":107},{"sectionNumber":"sec.67","sectionType":"section","heading":"Elected members","content":"### sec.67 Elected members\n\nA person who, immediately before the commencement, was an elected member mentioned in section 15(2)(b) of the pre-amended Act is taken to be an elected member mentioned in section 15(2)(b) of this Act as in force after the commencement.\nA person who, immediately before the commencement, was an elected member appointed under section 15 of the pre-amended Act is taken to have been elected under that section.\ns 67 prev s 67 exp 20 November 1999 (see s 77)\npres s 67 ins 2005 No. 18 s 90\n(sec.67-ssec.1) A person who, immediately before the commencement, was an elected member mentioned in section 15(2)(b) of the pre-amended Act is taken to be an elected member mentioned in section 15(2)(b) of this Act as in force after the commencement.\n(sec.67-ssec.2) A person who, immediately before the commencement, was an elected member appointed under section 15 of the pre-amended Act is taken to have been elected under that section.","sortOrder":108},{"sectionNumber":"sec.68","sectionType":"section","heading":"Appointment of new additional members","content":"### sec.68 Appointment of new additional members\n\nThe council must, within 1 year after the commencement, appoint 2 persons as additional members (the new additional members ) under section 16.\ns 68 prev s 68 exp 20 November 1999 (see s 77)\npres s 68 ins 2005 No. 18 s 90","sortOrder":109},{"sectionNumber":"sec.69","sectionType":"section","heading":"Continuation, and term of office, of additional members","content":"### sec.69 Continuation, and term of office, of additional members\n\nA person who was an additional member immediately before the commencement continues as an additional member until—\nthe person’s term of office ends under subsection (2); or\nthe person’s office sooner becomes vacant.\nDespite section 20, the person’s term of office ends when the new additional members’ terms of office start.\ns 69 prev s 69 exp 20 November 1999 (see s 77)\npres s 69 ins 2005 No. 18 s 90\n(sec.69-ssec.1) A person who was an additional member immediately before the commencement continues as an additional member until— the person’s term of office ends under subsection (2); or the person’s office sooner becomes vacant.\n(sec.69-ssec.2) Despite section 20, the person’s term of office ends when the new additional members’ terms of office start.\n- (a) the person’s term of office ends under subsection (2); or\n- (b) the person’s office sooner becomes vacant.","sortOrder":110},{"sectionNumber":"sec.70","sectionType":"section","heading":"Council need not include additional members","content":"### sec.70 Council need not include additional members\n\nDespite section 12, the council need not include additional members before the new additional members’ terms of office start.\ns 70 prev s 70 exp 20 November 1999 (see s 77)\npres s 70 ins 2005 No. 18 s 90","sortOrder":111},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions for University Legislation Amendment Act 2017","content":"# Transitional provisions for University Legislation Amendment Act 2017","sortOrder":112},{"sectionNumber":"sec.71","sectionType":"section","heading":"Definition for part","content":"### sec.71 Definition for part\n\nIn this part—\nprevious , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 71 prev s 71 exp 20 November 1999 (see s 77)\npres s 71 ins 2017 No. 36 s 127","sortOrder":113},{"sectionNumber":"sec.72","sectionType":"section","heading":"Particular references to council election","content":"### sec.72 Particular references to council election\n\nA reference in the following provisions to a council election includes a reference to a ballot under previous section 15(3)—\nsection 20A(2) and (3)(a);\nschedule 2, definition elected member .\ns 72 prev s 72 exp 20 November 1998 (see s 72(5))\npres s 72 ins 2017 No. 36 s 127\n- (a) section 20A(2) and (3)(a);\n- (b) schedule 2, definition elected member .","sortOrder":114},{"sectionNumber":"sec.73","sectionType":"section","heading":"Repeal of university statutes","content":"### sec.73 Repeal of university statutes\n\nThis section applies to a university statute made under previous section 56 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 73 prev s 73 exp 20 November 1999 (see s 77)\npres s 73 ins 2017 No. 36 s 127\n(sec.73-ssec.1) This section applies to a university statute made under previous section 56 that was in force immediately before the commencement.\n(sec.73-ssec.2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed.","sortOrder":115},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provisions for Queensland University of Technology Amendment Act 2021","content":"# Transitional provisions for Queensland University of Technology Amendment Act 2021","sortOrder":116},{"sectionNumber":"sec.74","sectionType":"section","heading":"Definitions for part","content":"### sec.74 Definitions for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnominated person , in relation to the drawing of a lot under this part, means an appropriately qualified member of the university’s staff nominated in writing by the council to draw the lot.\ns 74 prev s 74 exp 20 November 1999 (see s 77)\npres s 74 ins 2021 No. 22 s 12","sortOrder":117},{"sectionNumber":"sec.75","sectionType":"section","heading":"Continuation of appointed members","content":"### sec.75 Continuation of appointed members\n\nThis section applies to a person who was an appointed member immediately before the commencement.\nDespite section 14, the person continues as an appointed member until the earlier of the following—\nthe person is removed from office under section 76;\nthe person’s office becomes vacant.\ns 75 prev s 75 exp 20 November 1999 (see s 77)\npres s 75 ins 2021 No. 22 s 12\n(sec.75-ssec.1) This section applies to a person who was an appointed member immediately before the commencement.\n(sec.75-ssec.2) Despite section 14, the person continues as an appointed member until the earlier of the following— the person is removed from office under section 76; the person’s office becomes vacant.\n- (a) the person is removed from office under section 76;\n- (b) the person’s office becomes vacant.","sortOrder":118},{"sectionNumber":"sec.76","sectionType":"section","heading":"Minister may remove existing appointed members","content":"### sec.76 Minister may remove existing appointed members\n\nThe Minister may, as soon as practicable after the commencement, remove an existing appointed member from office as an appointed member by notice given to the member.\nIn deciding whether to remove an existing appointed member from office, the Minister may have regard to the desirability of appointed members having a range of knowledge, experience or skills relevant to the functions of the council.\nIf the Minister decides to remove an existing appointed member from office by notice given under subsection (1), the removal takes effect on the day stated in the notice, which must not be earlier than the day the notice is given to the member.\nIn this section—\nexisting appointed member means a person who was an appointed member immediately before the commencement.\ns 76 prev s 76 exp 20 November 1999 (see s 77)\npres s 76 ins 2021 No. 22 s 12\n(sec.76-ssec.1) The Minister may, as soon as practicable after the commencement, remove an existing appointed member from office as an appointed member by notice given to the member.\n(sec.76-ssec.2) In deciding whether to remove an existing appointed member from office, the Minister may have regard to the desirability of appointed members having a range of knowledge, experience or skills relevant to the functions of the council.\n(sec.76-ssec.3) If the Minister decides to remove an existing appointed member from office by notice given under subsection (1), the removal takes effect on the day stated in the notice, which must not be earlier than the day the notice is given to the member.\n(sec.76-ssec.4) In this section— existing appointed member means a person who was an appointed member immediately before the commencement.","sortOrder":119},{"sectionNumber":"sec.77","sectionType":"section","heading":"Term of office ends—particular academic staff member","content":"### sec.77 Term of office ends—particular academic staff member\n\nThis section applies if, immediately before the commencement, there are 3 elected members of a class mentioned in former section 15(2)(a) (each an academic staff member ).\nOn the commencement, the term of office of 1 academic staff member ends as follows—\nif the members were elected at the same council election and 1 member received the fewest votes of the academic staff members elected at the election—the term of office of the academic staff member who received the fewest votes ends;\nif the members were elected at the same council election and 2 members received an equal number of votes at the election, being fewer than the votes received by the academic staff member who received the most votes—the term of office of the academic staff member decided by lot drawn by the nominated person ends;\notherwise—the term of office of the academic staff member decided by lot drawn by the nominated person ends.\nIf a lot is drawn between academic staff members under subsection (2)(b) or (c), the council must give the members notice of the outcome of the lot.\ns 77 prev s 77 exp 20 November 1999 (see s 77)\npres s 77 ins 2021 No. 22 s 12\n(sec.77-ssec.1) This section applies if, immediately before the commencement, there are 3 elected members of a class mentioned in former section 15(2)(a) (each an academic staff member ).\n(sec.77-ssec.2) On the commencement, the term of office of 1 academic staff member ends as follows— if the members were elected at the same council election and 1 member received the fewest votes of the academic staff members elected at the election—the term of office of the academic staff member who received the fewest votes ends; if the members were elected at the same council election and 2 members received an equal number of votes at the election, being fewer than the votes received by the academic staff member who received the most votes—the term of office of the academic staff member decided by lot drawn by the nominated person ends; otherwise—the term of office of the academic staff member decided by lot drawn by the nominated person ends.\n(sec.77-ssec.3) If a lot is drawn between academic staff members under subsection (2)(b) or (c), the council must give the members notice of the outcome of the lot.\n- (a) if the members were elected at the same council election and 1 member received the fewest votes of the academic staff members elected at the election—the term of office of the academic staff member who received the fewest votes ends;\n- (b) if the members were elected at the same council election and 2 members received an equal number of votes at the election, being fewer than the votes received by the academic staff member who received the most votes—the term of office of the academic staff member decided by lot drawn by the nominated person ends;\n- (c) otherwise—the term of office of the academic staff member decided by lot drawn by the nominated person ends.","sortOrder":120},{"sectionNumber":"sec.78","sectionType":"section","heading":"Term of office ends—particular professional staff member","content":"### sec.78 Term of office ends—particular professional staff member\n\nThis section applies if, immediately before the commencement, there were 2 elected members of a class mentioned in former section 15(2)(b) (each a professional staff member ).\nOn the commencement, the term of office of 1 professional staff member ends as follows—\nif the members were elected at the same council election and 1 member received the fewest votes of the professional staff members elected at the election—the term of office of the professional staff member who received the fewest votes ends;\notherwise—the term of office of the professional staff member decided by lot drawn by the nominated person ends.\nIf a lot is drawn between professional staff members under subsection (2)(b), the council must give the members notice of the outcome of the lot.\ns 78 ins 2021 No. 22 s 12\n(sec.78-ssec.1) This section applies if, immediately before the commencement, there were 2 elected members of a class mentioned in former section 15(2)(b) (each a professional staff member ).\n(sec.78-ssec.2) On the commencement, the term of office of 1 professional staff member ends as follows— if the members were elected at the same council election and 1 member received the fewest votes of the professional staff members elected at the election—the term of office of the professional staff member who received the fewest votes ends; otherwise—the term of office of the professional staff member decided by lot drawn by the nominated person ends.\n(sec.78-ssec.3) If a lot is drawn between professional staff members under subsection (2)(b), the council must give the members notice of the outcome of the lot.\n- (a) if the members were elected at the same council election and 1 member received the fewest votes of the professional staff members elected at the election—the term of office of the professional staff member who received the fewest votes ends;\n- (b) otherwise—the term of office of the professional staff member decided by lot drawn by the nominated person ends.","sortOrder":121},{"sectionNumber":"sec.79","sectionType":"section","heading":"Continuation of elected members who are students","content":"### sec.79 Continuation of elected members who are students\n\nThis section applies to a person who was an elected member of a class mentioned in former section 15(2)(c) immediately before the commencement.\nDespite new section 15(2), the person continues in office as an elected member of a class mentioned in former section 15(2)(c) for the remainder of the person’s term of office.\nThis Act as in force immediately before the commencement continues to apply in relation to the person and the person’s term of office as if the amending Act had not commenced.\nTo remove any doubt, it is declared that former section 20A continues to apply in relation to the person’s office as if the amending Act had not commenced.\nIn this section—\namending Act means the Queensland University of Technology Amendment Act 2021 .\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 79 ins 2021 No. 22 s 12\n(sec.79-ssec.1) This section applies to a person who was an elected member of a class mentioned in former section 15(2)(c) immediately before the commencement.\n(sec.79-ssec.2) Despite new section 15(2), the person continues in office as an elected member of a class mentioned in former section 15(2)(c) for the remainder of the person’s term of office.\n(sec.79-ssec.3) This Act as in force immediately before the commencement continues to apply in relation to the person and the person’s term of office as if the amending Act had not commenced.\n(sec.79-ssec.4) To remove any doubt, it is declared that former section 20A continues to apply in relation to the person’s office as if the amending Act had not commenced.\n(sec.79-ssec.5) In this section— amending Act means the Queensland University of Technology Amendment Act 2021 . new , for a provision of this Act, means the provision as in force from the commencement.","sortOrder":122},{"sectionNumber":"sec.80","sectionType":"section","heading":"Term of office ends—members elected as QUT Alumni","content":"### sec.80 Term of office ends—members elected as QUT Alumni\n\nThis section applies to a person who, immediately before the commencement, was an elected member of a class mentioned in former section 15(2)(d).\nOn the commencement, the person’s term of office as an elected member ends.\ns 80 ins 2021 No. 22 s 12\n(sec.80-ssec.1) This section applies to a person who, immediately before the commencement, was an elected member of a class mentioned in former section 15(2)(d).\n(sec.80-ssec.2) On the commencement, the person’s term of office as an elected member ends.","sortOrder":123},{"sectionNumber":"sec.81","sectionType":"section","heading":"No compensation payable","content":"### sec.81 No compensation payable\n\nNo compensation is payable to a person whose term of office ends under this part.\ns 81 ins 2021 No. 22 s 12","sortOrder":124},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application of s 20A to particular persons whose term of office ends","content":"### sec.82 Application of s 20A to particular persons whose term of office ends\n\nFor section 20A(2)(b) and (c), a person whose term of office ends under section 77(2) or 78(2) is taken not to have been elected to the office.\ns 82 ins 2021 No. 22 s 12","sortOrder":125},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":126},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Appointment","content":"### sch.1-sec.1 Appointment\n\nThe vice-chancellor may, in writing, appoint a person who the vice-chancellor is satisfied has the necessary training, or knowledge and experience, to be an authorised person under this Act.","sortOrder":127},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Limitation of authorised person’s powers","content":"### sch.1-sec.2 Limitation of authorised person’s powers\n\nThe powers of an authorised person may be limited—\nunder a condition of appointment; or\nby notice of the vice-chancellor given to the authorised person.\nNotice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.\ns 2 amd 2005 No. 18 s 165 sch\n(sch.1-sec.2-ssec.1) The powers of an authorised person may be limited— under a condition of appointment; or by notice of the vice-chancellor given to the authorised person.\n(sch.1-sec.2-ssec.2) Notice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.\n- (a) under a condition of appointment; or\n- (b) by notice of the vice-chancellor given to the authorised person.","sortOrder":128},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Terms of appointment","content":"### sch.1-sec.3 Terms of appointment\n\nAn authorised person holds office on the conditions stated in the instrument of appointment.\nAn authorised person—\nif the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and\nmay resign by signed notice given to the vice-chancellor.\n(sch.1-sec.3-ssec.1) An authorised person holds office on the conditions stated in the instrument of appointment.\n(sch.1-sec.3-ssec.2) An authorised person— if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and may resign by signed notice given to the vice-chancellor.\n- (a) if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and\n- (b) may resign by signed notice given to the vice-chancellor.","sortOrder":129},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Identity cards","content":"### sch.1-sec.4 Identity cards\n\nThe vice-chancellor must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photograph of the authorised person; and\nbe in a form approved by the vice-chancellor; and\nbe signed by the authorised person.\nA person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it.\nMaximum penalty for subsection (3) —10 penalty units.\n(sch.1-sec.4-ssec.1) The vice-chancellor must issue an identity card to each authorised person.\n(sch.1-sec.4-ssec.2) The identity card must— contain a recent photograph of the authorised person; and be in a form approved by the vice-chancellor; and be signed by the authorised person.\n(sch.1-sec.4-ssec.3) A person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3) —10 penalty units.\n- (a) contain a recent photograph of the authorised person; and\n- (b) be in a form approved by the vice-chancellor; and\n- (c) be signed by the authorised person.","sortOrder":130},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Proof of authority","content":"### sch.1-sec.5 Proof of authority\n\nAn authorised person may exercise a power under this Act in relation to someone else only if the authorised person—\nfirst produces his or her identity card for inspection by the other person; or\nhas his or her identity card displayed so that it is clearly visible.\nIf, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.\nIf subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .\n(sch.1-sec.5-ssec.1) An authorised person may exercise a power under this Act in relation to someone else only if the authorised person— first produces his or her identity card for inspection by the other person; or has his or her identity card displayed so that it is clearly visible.\n(sch.1-sec.5-ssec.2) If, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.\n(sch.1-sec.5-ssec.3) If subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .\n- (a) first produces his or her identity card for inspection by the other person; or\n- (b) has his or her identity card displayed so that it is clearly visible.","sortOrder":131},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Traffic control","content":"# Traffic control","sortOrder":132},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Persons authorised to control traffic on university’s land","content":"### sch.1-sec.6 Persons authorised to control traffic on university’s land\n\nAn authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.\nA person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty for subsection (2) —10 penalty units.\n(sch.1-sec.6-ssec.1) An authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.\n(sch.1-sec.6-ssec.2) A person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (2) —10 penalty units.","sortOrder":133},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Regulatory notice","content":"### sch.1-sec.7 Regulatory notice\n\nThe university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example—\nfixing a maximum speed limit; or\nindicating a pedestrian crossing; or\nindicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.\nA person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\nA regulatory notice—\nmust state the limits of the area to which the notice applies; and\nmay state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\nWithout limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.\nEvidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.\nA regulatory notice erected or displayed under this section must be easily visible to passers-by.\n(sch.1-sec.7-ssec.1) The university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example— fixing a maximum speed limit; or indicating a pedestrian crossing; or indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.\n(sch.1-sec.7-ssec.2) A person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.\n(sch.1-sec.7-ssec.3) A regulatory notice— must state the limits of the area to which the notice applies; and may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.\n(sch.1-sec.7-ssec.4) Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.\n(sch.1-sec.7-ssec.5) Evidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.\n(sch.1-sec.7-ssec.6) A regulatory notice erected or displayed under this section must be easily visible to passers-by.\n- (a) fixing a maximum speed limit; or\n- (b) indicating a pedestrian crossing; or\n- (c) indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.\n- (a) must state the limits of the area to which the notice applies; and\n- (b) may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.","sortOrder":134},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Information notices","content":"### sch.1-sec.8 Information notices\n\nThis section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\nThe university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.\nAn information notice may contain any other information the vice-chancellor considers appropriate.\nAn information notice erected or displayed under this section must be easily visible to passers-by.\nIn this section—\nregulatory notice does not include an official traffic sign.\n(sch.1-sec.8-ssec.1) This section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\n(sch.1-sec.8-ssec.2) The university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.\n(sch.1-sec.8-ssec.3) An information notice may contain any other information the vice-chancellor considers appropriate.\n(sch.1-sec.8-ssec.4) An information notice erected or displayed under this section must be easily visible to passers-by.\n(sch.1-sec.8-ssec.5) In this section— regulatory notice does not include an official traffic sign.","sortOrder":135},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Removal and detention of illegally parked or abandoned vehicles","content":"### sch.1-sec.9 Removal and detention of illegally parked or abandoned vehicles\n\nAn authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds—\nis parked in contravention of a regulatory notice; or\nis abandoned.\nThe vehicle must be held at a safe place.\nAn authorised person may exercise the powers given under subsection (1) (a) only if—\nthe authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and\nthe authorised person—\ncan not immediately locate the driver of the vehicle; or\nbelieves on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\nAs soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.\nIf the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.\nIf the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.\nIn this section—\nvehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\ns 9 amd 2005 No. 18 s 165 sch\n(sch.1-sec.9-ssec.1) An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds— is parked in contravention of a regulatory notice; or is abandoned.\n(sch.1-sec.9-ssec.2) The vehicle must be held at a safe place.\n(sch.1-sec.9-ssec.3) An authorised person may exercise the powers given under subsection (1) (a) only if— the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and the authorised person— can not immediately locate the driver of the vehicle; or believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n(sch.1-sec.9-ssec.4) As soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.\n(sch.1-sec.9-ssec.5) If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.\n(sch.1-sec.9-ssec.6) If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.\n(sch.1-sec.9-ssec.7) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n- (a) is parked in contravention of a regulatory notice; or\n- (b) is abandoned.\n- (a) the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and\n- (b) the authorised person— (i) can not immediately locate the driver of the vehicle; or (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n- (i) can not immediately locate the driver of the vehicle; or\n- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n- (i) can not immediately locate the driver of the vehicle; or\n- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.","sortOrder":136},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Disposal of unclaimed vehicles","content":"### sch.1-sec.10 Disposal of unclaimed vehicles\n\nThis section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .\nAfter publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.\nThe notice must—\nidentify the vehicle; and\nstate that the vehicle is to be sold by auction; and\nstate how the owner may recover the vehicle before the auction; and\nstate the time and place of the auction.\nCompensation is not recoverable against the university for the sale of a vehicle under this section.\nIn this section—\nvehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n(sch.1-sec.10-ssec.1) This section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .\n(sch.1-sec.10-ssec.2) After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.\n(sch.1-sec.10-ssec.3) The notice must— identify the vehicle; and state that the vehicle is to be sold by auction; and state how the owner may recover the vehicle before the auction; and state the time and place of the auction.\n(sch.1-sec.10-ssec.4) Compensation is not recoverable against the university for the sale of a vehicle under this section.\n(sch.1-sec.10-ssec.5) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n- (a) identify the vehicle; and\n- (b) state that the vehicle is to be sold by auction; and\n- (c) state how the owner may recover the vehicle before the auction; and\n- (d) state the time and place of the auction.","sortOrder":137},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Application of proceeds of sale","content":"### sch.1-sec.11 Application of proceeds of sale\n\nThe proceeds of the sale must be applied in the following order—\nin payment of the reasonable expenses incurred in the sale;\nin payment of the reasonable cost of seizing, removing and holding the vehicle;\nif there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nin payment of any balance to the owner.\nCompensation is not recoverable against the university for a payment under this section.\ns 11 amd 2010 No. 44 s 78\n(sch.1-sec.11-ssec.1) The proceeds of the sale must be applied in the following order— in payment of the reasonable expenses incurred in the sale; in payment of the reasonable cost of seizing, removing and holding the vehicle; if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the owner.\n(sch.1-sec.11-ssec.2) Compensation is not recoverable against the university for a payment under this section.\n- (a) in payment of the reasonable expenses incurred in the sale;\n- (b) in payment of the reasonable cost of seizing, removing and holding the vehicle;\n- (c) if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (d) in payment of any balance to the owner.","sortOrder":138},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Conduct on university land","content":"# Conduct on university land","sortOrder":139},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Conduct causing a public nuisance","content":"### sch.1-sec.12 Conduct causing a public nuisance\n\nA person must not be disorderly or create a disturbance on the university’s land.\nMaximum penalty—20 penalty units.","sortOrder":140},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Power to deal with persons causing a public nuisance","content":"### sch.1-sec.13 Power to deal with persons causing a public nuisance\n\nThis section applies if an authorised person—\nfinds a person contravening section 12 ; or\nfinds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or\nhas information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or\nreasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\nhas information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\nreasonably believes that a person is on the land without lawful justification or excuse.\nThe authorised person may direct the person to leave the university’s land or a part of the university’s land.\nA person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—10 penalty units.\n(sch.1-sec.13-ssec.1) This section applies if an authorised person— finds a person contravening section 12 ; or finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or reasonably believes that a person is on the land without lawful justification or excuse.\n(sch.1-sec.13-ssec.2) The authorised person may direct the person to leave the university’s land or a part of the university’s land.\n(sch.1-sec.13-ssec.3) A person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.\n- (a) finds a person contravening section 12 ; or\n- (b) finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or\n- (c) has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or\n- (d) reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\n- (e) has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or\n- (f) reasonably believes that a person is on the land without lawful justification or excuse.","sortOrder":141}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1998 Act focused on establishing QUT and its basic governance structures. Through successive amendments (notably 2002, 2005, 2017, and 2021), the scope expanded significantly to include: detailed election integrity policies (s.26AA, added 2017); explicit member conduct obligations and removal powers (ss.26A, 26B, added 2005); criminal history checking procedures (s.61B, added 2005); mandatory disclosure of disqualifications and convictions with penalty provisions (s.61D, added 2017); protected information restrictions (s.61E, added 2017); reduction in appointed council members from a higher number to 3 (2021); and ministerial power to extend council terms of office (s.26C, added 2005). The student guild provisions were also streamlined with a section removed in 2017. These changes reflect a broader policy trend toward stronger governance accountability and integrity frameworks for public universities."},"complexity_factors":["Multiple interlocking categories of council membership (official, appointed, elected, additional) with different rules for each","Complex vacancy and casual vacancy filling procedures with multiple conditional pathways (s.20A)","Cross-references to multiple external Acts (Corporations Act, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Land Act 1994, Acts Interpretation Act 1954, Criminal Law (Rehabilitation of Offenders) Act 1986)","Nuanced disqualification and reinstatement regime for criminal convictions that varies depending on member type and who decides","Trust and property amendment provisions with layered criteria (s.41-45)","Investment common fund mechanics with exceptions to general income distribution rules (s.52)","Protected information regime with detailed disclosure restrictions and exceptions (s.61E)","Interaction between federal Corporations Act and state university law requiring 'excluded matter' declarations","Multiple amendment history meaning the current operative law requires tracking substituted and omitted sections","Delegation and sub-delegation chains from council to vice-chancellor to staff (ss.11, 32)"],"plain_english_summary":"## What is this law?\n\nThe **Queensland University of Technology Act 1998** is the foundational law that creates and governs QUT (Queensland University of Technology). Think of it as QUT's constitution — it sets up the university as a legal entity and spells out how it must be run.\n\n## Who does it affect?\n\n- **Students** at QUT (including those who sit on the governing council)\n- **Staff** (academic and professional) who can be elected to the council\n- **Council members** — the board of people who run the university\n- **The Chancellor, Deputy Chancellor, and Vice-Chancellor** — QUT's top leadership\n- **Alumni (graduates)** of QUT, who have a formal alumni body and can sit on the council\n- **The Queensland Government**, which appoints some council members and has oversight powers\n- **Donors and grant-makers** whose money is held by the university\n\n## What does it actually do?\n\n**1. Creates QUT as a legal entity**\nQUT is set up as a *body corporate* — meaning it can own property, sign contracts, sue and be sued, just like a company can.\n\n**2. Sets out what QUT is for**\nQUT's job is to provide university-level education, conduct research, award degrees, and apply knowledge to benefit industry and the community. It can also commercially exploit its own research and intellectual property.\n\n**3. Establishes a governing Council**\nThe Council is QUT's board of directors. It has up to ~15 members across four types:\n- **Official members**: the Chancellor, Vice-Chancellor, and (in some cases) the chair of the academic committee\n- **Appointed members**: 3 people chosen by the Governor in Council (i.e., the Queensland Government)\n- **Elected members**: 5 people voted in — 2 from academic staff, 1 from professional staff, 1 undergraduate student, 1 postgraduate student\n- **Additional members**: 4 people appointed by the council itself, at least 2 of whom must be QUT graduates\n\n**4. Governs who can and can't be on the Council**\nPeople are disqualified if they have been banned from managing companies under federal law, or have a serious criminal conviction (called an *indictable offence* — one serious enough to go to a judge and jury). There's also a 12-year maximum tenure rule. There are processes to reinstate someone who was convicted if the circumstances warrant it.\n\n**5. Sets rules for elections and appointments**\nThe Council must have a published election policy covering secret ballots, voting integrity, nominations, and complaint handling. If elections fail to fill spots, the Minister can step in and appoint people.\n\n**6. Outlines duties of Council members**\nMembers must act honestly and in QUT's best interests, use reasonable skill and care, declare conflicts of interest, and not misuse their position. They're protected from personal legal liability if they act honestly and without negligence.\n\n**7. Governs university finances**\nQUT must adopt an annual budget, apply its income only to university purposes, and comply with Queensland's financial accountability laws for government-linked bodies. It can hold trust funds, set up investment pools, and renegotiate the purpose of donations when the original purpose becomes impossible or outdated.\n\n**8. Covers land and property**\nQUT can hold and lease government land under Queensland's *Land Act 1994*. Lease terms on educational reserves can run up to 100 years.\n\n**9. Allows QUT to form companies**\nQUT can form or join corporations to commercialise research, publish works, or provide consultancy services.\n\n**10. Creates the QUT Student Guild**\nThe student guild (the main student representative body) is formally established as its own legal entity. It must have a written constitution approved by the council.\n\n## Why does it matter?\n\nThis Act determines how QUT is governed, who has power, and what checks exist on that power. If you're a student or staff member, it directly affects your right to elect representatives to the Council. If you're a donor, it governs how your gift is managed. If you're considering a council role, it sets your legal obligations and protections."},"issue_detection":{"absurdities":[{"type":"other","section":"sec.17","severity":"medium","reasoning":"The maximum council size is approximately 15 members. Declaring the council properly constituted at 8 members of any mix means the council could theoretically function with zero elected members (who represent staff and students), zero appointed members, or zero additional members, undermining the representational design of the membership structure.","confidence":0.72,"description":"The council is 'properly constituted' with only 8 members, yet the full complement is up to 15 members (2-3 official + 3 appointed + 5 elected + 4 additional). A council operating at roughly half its intended membership is deemed properly constituted, with no floor on which categories must be present."},{"type":"impossible_compliance","section":"sec.26B","severity":"high","reasoning":"Section 17 allows the council to operate with as few as 8 members. Section 26B requires at least 10 members to be satisfied before removal. A lawfully constituted council of 8-9 members has no mechanism to remove a member, rendering the removal power inoperable in precisely the circumstances where it might be most needed (e.g., after vacancies have reduced membership).","confidence":0.92,"description":"Removing a member from office requires 'at least 10 members' to be satisfied, but the council is deemed properly constituted at only 8 members (sec.17). If the council has exactly 8 members, removal is mathematically impossible because 10 satisfied members can never be achieved."},{"type":"impossible_compliance","section":"sec.39C","severity":"high","reasoning":"Same structural flaw as sec.26B. The removal threshold of 10 members exceeds the minimum lawful council size of 8, making removal impossible in a minimally constituted council.","confidence":0.92,"description":"Removing the chancellor, vice-chancellor or chairperson also requires 'at least 10 members' to be satisfied, suffering the same impossibility as sec.26B when the council operates at the minimum 8-member quorum."},{"type":"retroactive_impossibility","section":"sec.19 (sec.19-ssec.3)","severity":"low","reasoning":"The provision only contemplates re-election or a predecessor. For the first elected members under the Act there is no predecessor term to reference. The Act does not provide a fallback commencement rule for inaugural office-holders.","confidence":0.65,"description":"An elected member's term starts 'the day after the day when the term of office of the member's predecessor ends', but for the very first election there is no predecessor, creating an undefined commencement date for inaugural elected members."},{"type":"circular_definition","section":"sec.21 (sec.21-ssec.2)","severity":"low","reasoning":"The term 'elected member' is defined by the process of election. Appointing a person and then deeming them elected creates a legal fiction that undermines the democratic rationale for having elected members at all, though such fictions are common legislative devices.","confidence":0.6,"description":"The Minister may appoint persons 'as elected members' when an election fails, meaning persons are simultaneously appointed and deemed elected. The fiction of treating appointed persons as elected (subsection 4) is logically incoherent."},{"type":"impossible_compliance","section":"sec.27 (sec.27-ssec.2)","severity":"low","reasoning":"The section mandates election of a presiding member but provides no mechanism or rules for that election, and presupposes a quorum already exists (sec.28) but does not address the scenario where the meeting itself may lack quorum.","confidence":0.55,"description":"If both the chancellor and deputy chancellor are absent, 'the members present must elect a member to preside'. However, there is no quorum requirement tied to this sub-election, no procedure specified, and no provision for what happens if the members present cannot agree or if fewer than the quorum required by sec.28 are present."},{"type":"self_contradicting","section":"sec.39B","severity":"medium","reasoning":"Section 39D expressly applies only where the council removes the vice-chancellor under sec.39C. Automatic vacation under sec.39B(1)/(39E) triggers no equivalent compensation protection, meaning the same underlying event (indictable conviction) can result in radically different financial outcomes depending on whether the council acts under sec.39C or the office simply vacates under sec.39B/39E.","confidence":0.7,"description":"Section 39B prevents a person from continuing as vice-chancellor upon conviction of an indictable offence, yet sec.39D preserves the vice-chancellor's contractual rights upon removal. If the vice-chancellor is automatically disqualified under sec.39B(1) rather than removed under sec.39C, the compensation protections in sec.39D may not apply, creating an incentive-incompatible gap."},{"type":"self_contradicting","section":"sec.16 (sec.16-ssec.2) and sec.16 (sec.16-ssec.3)","severity":"medium","reasoning":"A person who graduated (alumnus) but then re-enrolled as a student or joined the staff is both an alumnus eligible to count toward the alumni quota and a person prohibited from being an additional member. The Act does not resolve which provision prevails.","confidence":0.78,"description":"Additional members must include at least 2 alumni (sec.16(2)), but additional members must not be students or academic/professional staff (sec.16(3)). Alumni who are current students or current staff are simultaneously required candidates (to fill the alumni quota) and prohibited candidates."},{"type":"impossible_compliance","section":"sec.11 (sec.11-ssec.2)","severity":"low","reasoning":"The non-delegability of budget adoption combined with the mandatory annual budget adoption creates a potential deadlock if the council cannot meet quorum, with no fallback provision.","confidence":0.55,"description":"The council cannot delegate its power to adopt the annual budget, yet sec.54(1) requires the council to adopt a budget each year. If the council is incapacitated or falls below quorum, there is no mechanism to adopt the budget, yet the obligation remains absolute."}],"contradictions":[{"severity":"high","section_a":"sec.17","section_b":"sec.26B","confidence":0.93,"description":"Section 17 deems the council properly constituted with as few as 8 members, while sec.26B requires at least 10 members to be satisfied to remove a member. A lawfully constituted council of 8 or 9 members can never remove a member."},{"severity":"high","section_a":"sec.17","section_b":"sec.39C","confidence":0.93,"description":"The same contradiction applies to removal of the chancellor, vice-chancellor or chairperson: the council is properly constituted at 8 members but removal requires 10 members to be satisfied."},{"severity":"medium","section_a":"sec.28","section_b":"sec.26B","confidence":0.85,"description":"Section 28 sets quorum at half the members present. If the council has 15 members, quorum is 8. A meeting of 8 members satisfies quorum but cannot satisfy the 10-member threshold in sec.26B, meaning a quorate meeting may be unable to exercise the removal power."},{"severity":"medium","section_a":"sec.16 (sec.16-ssec.2)","section_b":"sec.16 (sec.16-ssec.3)","confidence":0.78,"description":"At least 2 additional members must be alumni (subsection 2), but additional members must not be students or staff (subsection 3). Current students or staff who are also alumni cannot satisfy the alumni quota, potentially making the quota impossible to fill exclusively from non-student, non-staff alumni in certain circumstances."},{"severity":"medium","section_a":"sec.39B","section_b":"sec.39D","confidence":0.72,"description":"Section 39B(1) provides that a person 'cannot continue' as vice-chancellor upon conviction, operating as automatic disqualification. Section 39D's compensation protections apply only to removal under sec.39C. The two pathways to losing office produce inconsistent financial consequences for the same underlying event."},{"severity":"low","section_a":"sec.23 (sec.23-ssec.1)(b)","section_b":"sec.23 (sec.23-ssec.4)","confidence":0.62,"description":"Section 23(1)(b) makes a person with an indictable conviction ineligible for membership. Section 23(4) states subsection (1)(b) is subject to sections 25 and 26, which allow restoration of appointed, elected or additional members. However, there is no equivalent override for the initial eligibility bar in sec.23(1)(b) for persons who have not yet been members — sec.25 and 26 only apply post-conviction of existing members, leaving a gap for prospective members with convictions even where the council or Minister would consider it reasonable."},{"severity":"low","section_a":"sec.26AA (sec.26AA-ssec.1)(a)","section_b":"sec.11 (sec.11-ssec.2)(a)","confidence":0.58,"description":"Section 26AA requires the council to make an election policy. Section 11(2)(a) prohibits the council from delegating its power to make an election policy. This creates a non-delegable duty but also means that if the council is dysfunctional, no election policy can be made or amended, potentially preventing any elections from being conducted."},{"severity":"medium","section_a":"sec.20A (sec.20A-ssec.4)","section_b":"sec.21 (sec.21-ssec.2)","confidence":0.68,"description":"Section 20A(4) provides that where no eligible person exists for a casual vacancy, a person is to be 'elected' at a council election. Section 21(2) allows the Minister to simply 'appoint' persons as elected members when elections fail. Both sections purport to address election failures but through inconsistent mechanisms — one mandates a further election, the other allows Ministerial appointment — without clear priority rules between them."}]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2232},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1998 purpose of establishing QUT and providing basic governance. It now includes detailed election integrity policies (section 26AA), criminal history checking procedures for appointees (section 61B), mandatory disclosure regimes for convictions (section 61D), protected information restrictions (section 61E), and extensive transitional mechanics for restructuring council membership (Part 10). The scope has shifted from simple establishment to complex regulatory oversight of electoral processes and member suitability."},"complexity_factors":["Multiple cross-referencing sections (e.g., sections 20A, 24, and 39B refer to each other regarding disqualification and vacancies)","Schedule 2 contains defined terms referenced throughout but not reproduced in the provided text, requiring external reference","Nested conditional logic in election procedures (section 20A has 6 subsections with cascading if/then conditions for casual vacancies)","Multiple overlapping disqualification regimes with exceptions (sections 23, 25, 26, and 39B create different rules for appointed vs elected members vs senior officers)","Layered transitional provisions from three separate amendment Acts (2005, 2017, 2021) preserved in Parts 8, 9, and 10, creating parallel historical frameworks","Interaction with external legislation (Corporations Act 2001, Land Act 1994, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982)","Delegation chains allowing sub-delegation (section 11 permits vice-chancellor to sub-delegate council powers, subject to conditions)","Different term limits for different member classes (2 years for students, 4 years for staff, up to 4 years for appointed members)"],"plain_english_summary":"**What this legislation does**\n\nThis Act creates the Queensland University of Technology (QUT) as a legal entity and sets out how it is governed, funded, and managed.\n\n**Key things it covers:**\n\n*   **Establishing the university** — QUT is a body corporate (a legal person) that can enter contracts, own property, sue and be sued, and operate commercially including exploiting research for profit.\n\n*   **The University Council** — This is the governing body that oversees the university. The Act details:\n    *   Who sits on it: 4 different types of members (\"official\" like the Chancellor and Vice-Chancellor; \"appointed\" by the Governor in Council; \"elected\" by staff and students; and \"additional\" members appointed by the Council, at least half of whom must be alumni).\n    *   How they get there: Different rules for appointment versus election, including detailed election policies and what happens if elections fail or casual vacancies arise.\n    *   How they leave: Terms are generally 2–4 years, but members can be removed for misconduct, criminal convictions, or corporate disqualification, with some exceptions allowed.\n\n*   **Senior officers** — Rules for the Chancellor (figurehead chair), Deputy Chancellor (acts when Chancellor absent), and Vice-Chancellor (chief executive who runs day-to-day operations).\n\n*   **Associated bodies** — Establishes QUT Alumni and the Student Guild (the student union), including rules for the Guild's constitution which must be approved by the Council.\n\n*   **Money and property** — Allows the university to hold trust funds, pool investments, deal with donated land, and amend the terms of gifts or bequests if the original purpose becomes impossible or has already been achieved.\n\n*   **Campus control** — Schedule 1 gives the university power to regulate traffic, tow illegally parked vehicles, and remove people causing disturbances or safety threats.\n\n**Who it affects**\n\n*   **Students and staff** — They elect representatives to the Council and must follow campus conduct rules.\n*   **Council members** — They have legal duties to act honestly and in the university's best interests, and must disclose conflicts of interest.\n*   **Senior leaders** — The Chancellor and Vice-Chancellor face disqualification if convicted of serious crimes or banned from managing corporations.\n*   **General public** — Anyone driving or parking on university land is subject to the university's traffic regulations.\n\n**Why it matters**\n\nThis Act is the \"constitution\" for QUT. It determines who has power over the university's millions of dollars in assets, how decisions are made about courses and research, and ensures accountability through governance rules and financial oversight. It also ensures the university can enforce basic order on its campuses."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/queensland-university-of-technology-act-1998","history":"/api/acts/queensland-university-of-technology-act-1998/history","analysis":"/api/acts/queensland-university-of-technology-act-1998/analysis","conflicts":"/api/acts/queensland-university-of-technology-act-1998/conflicts","importantCases":"/api/acts/queensland-university-of-technology-act-1998/important-cases","documents":"/api/acts/queensland-university-of-technology-act-1998/documents"}}