{"id":"a-alt-1989-179","name":"UNIVERSITY OF CANBERRA ACT 1989","slug":"university-of-canberra-act-1989","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":233579,"registerId":"act-university-of-canberra-act-1989-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"UNIVERSITY OF CANBERRA ACT 1989","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUniversity of Canberra Act 1989\nA1989-179\nRepublication No 16\nEffective: 5 January 2026\nRepublication date: 5 January 2026\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the University of Canberra Act 1989 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It\nalso includes any commencement, amendment, repeal or expiry affecting this republished law to\n5 January 2026.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUniversity of Canberra Act 1989\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\nPart 2 University of Canberra\nDivision 2.1 Establishment of university\n4 Establishment of university 3\n6 Functions of university 3\n6A Values and principles of university 4\n7 Powers of university 5\n8 Organisation of university 6\n\nContents\nPage\ncontents 2 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.2 The council\n9 Council 6\n10 Powers of council 6\n11 Constitution of council 7\n11A Appointment of council members 8\n12 Qualifications for membership of council 9\n12A Duties of members of council 10\n13 Meetings of council 10\n13A Resolutions without meeting 11\n14 Disclosure of interests of members 11\n15 Vacation of office 12\n16 Casual vacancies 12\n17 Delegation by council 13\nDivision 2.3 The board\n19 Academic board 14\n20 Constitution of board 14\n21 Chairperson of board 15\n22 Terms of office of board members 15\n23 Meetings of board 16\nDivision 2.4 Senior officers of university\n24 Chancellor 16\n24A Deputy chancellor 17\n25 Vice-chancellor and president 18\nDivision 2.5 Miscellaneous\n28 Execution of contracts 18\n29 Validity of acts and proceedings 18\n29A Immunity from suit 19\nPart 3 Financial and commercial matters\nDivision 3.1 Fees\n30 Fees 20\nDivision 3.2 Finances of university\n33 Application of fees and other money 20\n34 Borrowing 20\n\nContents\nPage\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Application of Financial Management Act 1996 21\n36 Annual report 21\nDivision 3.3 Companies and joint ventures\n37 Formation and participation 22\n38 Provision of information about significant matters—corporation or joint\nventure 23\nPart 4 Statutes\n40 Statutes 24\n41 Statutes about traffic 27\n42 Approval and publication of statutes 28\nSchedule 1 Modifications of Financial Management\nAct 1996, pt 8 29\nSchedule 2 Modifications—Financial Management\nAct 1996 36\nDictionary 40\nEndnotes\n1 About the endnotes 42\n2 Abbreviation key 42\n3 Legislation history 43\n4 Amendment history 47\n5 Earlier republications 54\n\n\n\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUniversity of Canberra Act 1989\nAn Act about the University of Canberra\n\nPart 1 Preliminary\nSection 1\npage 2 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the University of Canberra Act 1989.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this Act.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nUniversity of Canberra Part 2\nEstablishment of university Division 2.1\nSection 4\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 University of Canberra\nDivision 2.1 Establishment of university\n4 Establishment of university\n(1) A university is established.\n(2) The name of the university is the University of Canberra.\n(3) The university—\n(a) is a body corporate; and\n(b) is to have a seal; and\n(c) may acquire, hold and dispose of real and personal property.\n(4) The seal of the university must be kept in the custody that the council\ndirects and must not be used except as authorised by the council.\n6 Functions of university\n(1) The functions of the university include—\n(a) to transmit and advance knowledge by undertaking teaching and\nresearch of the highest quality; and\n(b) to encourage, and provide facilities for, postgraduate study and\nresearch; and\n(c) to provide facilities and courses for higher education generally,\nincluding education appropriate to professional and other\noccupations, for students from within Australia and overseas;\nand\n(d) to award and confer degrees, diplomas and certificates, whether\nin its own right, jointly with other institutions or as otherwise\ndecided by the council; and\n\nPart 2 University of Canberra\nDivision 2.1 Establishment of university\nSection 6A\npage 4 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) to provide opportunities for people, including those who already\nhave post-secondary qualifications, to obtain higher education\nqualifications; and\n(f) to develop and provide cultural, sporting, professional, technical\nand vocational services to the community; and\n(g) to participate in public discourse; and\n(h) to engage in extension activities; and\n(i) to commercially exploit or develop, for the university’s benefit,\nany property of the university including any facility, resource,\nreal property or other right or interest; and\nExample\nthe practical application and development of study, research, knowledge and\nintellectual or real property\n(j) to exercise any other function given to it under this Act or\nanother territory law.\n(2) In the exercise of its functions, the university must pay special\nattention to the needs of the ACT and the surrounding regions.\n6A Values and principles of university\nThe university must have an objective of implementing the following\nvalues and principles:\n(a) service to scholarship and the education of the Australian\npeople;\n(b) responsiveness to the needs of Australia;\n(c) fairness and integrity;\n(d) efficiency and effectiveness;\n(e) accountability for the exercise of the university’s functions;\n(f) commitment, through education and research, to reconciliation\nwith Aboriginal and Torres Strait Islander people.\n\nUniversity of Canberra Part 2\nEstablishment of university Division 2.1\nSection 7\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Powers of university\n(1) Subject to division 3.2, the university has power to do all things that\nare necessary or convenient to be done for, or in connection with, the\nexercise of its functions.\nExample\npower to enter into contracts with third parties for the purpose of commercially\nexploiting or developing the university’s property\n(2) The powers of the university under subsection (1) include, but are not\nlimited to, the following powers:\n(a) to buy, take on lease, or otherwise acquire, property, and to sell,\ngrant leases of, or otherwise dispose of, property;\n(b) to develop commercially any discovery, invention or property;\n(c) to make charges for work done, services rendered and goods and\ninformation supplied by it;\n(d) to join in the formation of companies;\n(e) to subscribe for and buy shares in, and debentures and other\nsecurities of, companies;\n(f) to enter into partnerships;\n(g) to participate in joint ventures and arrangements for the sharing\nof profits;\n(h) to enter into contracts;\n(i) to erect buildings;\n(j) to occupy, use and control any land or buildings owned or leased\nby the Commonwealth or the Territory and made available for\nthe purposes of the university;\n(k) to employ staff;\n(l) to invest money of the university, and to dispose of investments;\n\nPart 2 University of Canberra\nDivision 2.2 The council\nSection 8\npage 6 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(m) to make loans and grants to students;\n(n) to accept gifts, grants, bequests and devises made to it;\n(o) to act as trustee of money and other property vested in it on trust;\n(p) to exercise any other power given to it under this Act or another\nterritory law; and\n(q) to do anything incidental to its functions.\n(3) Despite anything contained in this Act, any money or other property\nheld by the university on trust must be dealt with in accordance with\nthe powers and duties of the university as trustee.\n(4) The functions of the university may be exercised outside the ACT and\nAustralia.\n8 Organisation of university\nThere are to be, within the university, the faculties and other bodies\nthat are decided by the council.\nDivision 2.2 The council\n9 Council\nThe governing authority of the university is the Council.\n10 Powers of council\n(1) Subject to this Act and the statutes, the council has the entire\nmanagement of the university.\n(2) The council is to act in all matters concerning the university in the\nway it considers will best promote the interests of the university.\n(3) The powers of the council include, but are not limited to, the power\nto appoint people (whether members of the staff of the university or\nnot) to positions of responsibility within the university.\n\nUniversity of Canberra Part 2\nThe council Division 2.2\nSection 11\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The council may, by resolution passed by at least 2/3 of the council\nmembers, provide for a council member to be paid remuneration.\n11 Constitution of council\n(1) The council consists of the following members:\n(a) the chancellor;\n(b) the vice-chancellor;\n(c) the chairperson of the board;\n(d) 8 people appointed by the Minister;\nNote 1 For the making of appointments (including acting appointments),\nsee the Legislation Act, pt 19.3.\nNote 2 Certain Ministerial appointments require consultation with an\nAssembly committee and are disallowable (see Legislation Act,\ndiv 19.3.3).\n(e) 1 member of the academic staff elected by members of the\nacademic staff;\n(f) 1 member of the general staff elected by members of the general\nstaff;\n(g) 1 undergraduate student elected by undergraduate students of\nthe university;\n(h) 1 postgraduate student elected by postgraduate students of the\nuniversity.\n(2) A member mentioned in subsection (1) (d) must not be appointed—\n(a) for a term of longer than 3 years; or\nNote A person may be reappointed to a position if the person is eligible\nto be appointed to the position (see Legislation Act, s 208 and dict,\npt 1, def appoint).\n(b) if the total period of the member’s appointment is longer than\n9 years—without the council’s agreement.\n\nPart 2 University of Canberra\nDivision 2.2 The council\nSection 11A\npage 8 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The conditions of appointment of a member mentioned in\nsubsection (1) (d) are the conditions agreed between the Executive\nand the member, subject to any resolution passed by the council under\nsection 10 (4) (a council resolution) for the member.\n(4) Subsection (3) applies despite the Financial Management Act 1996,\nsection 78 (8) (Appointment of governing board members generally).\n(5) A member mentioned in subsection (1) (e), (f), (g) or (h)—\n(a) holds office for the period the statutes provide in relation to the\nmember; but\n(b) must not hold office for a total period longer than 9 years.\n11A Appointment of council members\n(1) The council may recommend people for appointment to the council\nunder section 11 (1) (d).\n(2) In deciding to appoint a person to the council, the Minister must have\nregard to the desirability of ensuring there is a balance of skills,\nexpertise and gender among members of the council.\n(3) The Minister must try to ensure that the members appointed—\n(a) have skills in finance, management, commerce, law or teaching\nto contribute to the effective working of the council; and\n(b) have an appreciation of the values of a higher education\nprovider, its core activities of teaching and research, its\nindependence and academic freedom and the community’s\nneeds.\n(4) Without limiting subsection (3)—\n(a) at least 2 members appointed must have a high level of relevant\nfinancial expertise; and\n(b) at least 1 member appointed must have a high level of relevant\ncommercial expertise.\n\nUniversity of Canberra Part 2\nThe council Division 2.2\nSection 12\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The Minister must not appoint to the council—\n(a) a member of—\n(i) the Commonwealth parliament; or\n(ii) a State parliament; or\n(iii) the Legislative Assembly; or\n(iv) the legislature of another territory; or\n(b) a member of the academic staff or general staff of the university;\nor\n(c) a student of the university.\n12 Qualifications for membership of council\n(1) A person is not qualified to become or remain a member of the\ncouncil if the person—\n(a) is under 18 years old; or\n(b) is disqualified from managing corporations under the\nCorporations Act, part 2D.6 (Disqualification from managing\ncorporations); or\n(c) is convicted, in the ACT, of an offence punishable by\nimprisonment for at least 1 year; or\n(d) is convicted outside the ACT, in Australia or elsewhere, of an\noffence that, if it had been committed in the ACT, would be\npunishable by imprisonment for at least 1 year.\n(2) Disqualification under subsection (1) (c) or (d) ends on the later of\nthe following:\n(a) 5 years after the date of the person’s conviction;\n(b) 5 years after the date of the person’s release from prison.\n\nPart 2 University of Canberra\nDivision 2.2 The council\nSection 12A\npage 10 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12A Duties of members of council\n(1) In exercising the functions of a member of the council, a council\nmember must—\n(a) act always in the best interests of the university as a whole; and\n(b) act honestly and for a proper purpose; and\n(c) exercise reasonable care and diligence.\n(2) Also, a member of the council—\n(a) must avoid conflicts of interest; and\n(b) must disclose to the council, in accordance with section 14 and\nthe statutes, any conflict between the member’s interests and the\nuniversity’s interests; and\n(c) must not improperly use the member’s position, or information\nobtained because of the member’s position, to—\n(i) gain an advantage for the member or someone else; or\n(ii) cause detriment to the university or someone else.\n(3) The duty under subsection (1) (a) must be observed in priority to any\nduty a member may owe to those electing or appointing the member.\n(4) The council may, by resolution passed by 2/3 of the members of the\ncouncil for the time being, remove a council member from office if\nthe member fails to comply with a duty under subsection (1) or (2).\n13 Meetings of council\n(1) The chancellor is to preside at all meetings of the council at which the\nchancellor is present.\n(2) If the chancellor is not present at a meeting of the council, the deputy\nchancellor presides at the meeting.\n\nUniversity of Canberra Part 2\nThe council Division 2.2\nSection 13A\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If neither the chancellor nor the deputy chancellor is present at a\nmeeting of the council, the members present must elect 1 of the\nmembers present to preside at the meeting.\n(4) At a meeting of the council, a quorum consists of a majority of the\npeople for the time being holding office as members of the council.\n13A Resolutions without meeting\nA resolution is a valid resolution of the council, even if it is not passed\nat a meeting of the council, if at least 2/3 of the members agree to the\nproposed resolution in writing or by electronic communication.\nExample of electronic communication\nemail\n14 Disclosure of interests of members\n(1) A member of the council who has an interest in a matter being\nconsidered or about to be considered by the council must, as soon as\npossible after the relevant facts have come to the member’s\nknowledge, disclose the nature of the interest at a meeting of the\ncouncil.\n(2) A disclosure under subsection (1) must be recorded in the minutes of\nthe meeting of the council and the member must not, unless the\ncouncil otherwise decides—\n(a) be present during any deliberation of the council in relation to\nthat matter; or\n(b) take part in any decision of the council in relation to that matter.\n(3) For the purpose of making a decision under subsection (2), a member\nof the council who has an interest in the matter concerned must not—\n(a) be present during any deliberation of the council for the purpose\nof making the decision; or\n(b) take part in making the decision.\n\nPart 2 University of Canberra\nDivision 2.2 The council\nSection 15\npage 12 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) This section has effect subject to the statutes.\n15 Vacation of office\n(1) The office of a member of the council becomes vacant if the\nmember—\n(a) becomes disqualified under section 12 from remaining a\nmember of the council; or\n(b) is removed from office under section 12A (4) (Duties of\nmembers of council); or\n(c) dies; or\n(d) resigns from the council; or\n(e) is absent without leave of the council from 3 consecutive\nmeetings of the council; or\n(f) for a member mentioned in section 11 (1) (e), (f), (g) or (h)—\nceases to be qualified to be elected as mentioned in the\nparagraph concerned.\n(2) If a person holding office as a member of the council mentioned in\n1 of the paragraphs of section 11 (1) is, before otherwise ceasing to\nhold the office, appointed as chancellor or vice-chancellor, the person\nceases, on being the appointed, to hold that firstmentioned office.\n(3) If the office of a member mentioned in section 11 (1) (d) becomes\nvacant, the council must, in writing, notify the Minister of that fact.\n16 Casual vacancies\n(1) A casual vacancy in the membership of the council is to be filled—\n(a) if the statutes make provision for the filling of the casual\nvacancy—as provided by the statutes; or\n(b) in any other case—as provided in section 11 (1) for the\nappointment or election of a person to the vacant office.\n\nUniversity of Canberra Part 2\nThe council Division 2.2\nSection 17\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person appointed or elected to fill a casual vacancy holds office for\nthe remainder of the term of office of the person’s predecessor.\n(3) In this section:\ncasual vacancy, in the membership of the council, includes an office\nof a member mentioned in section 11 (1) (e), (f), (g) or (h) that is\nvacant and cannot be filled by an election because no nomination has\nbeen received for the office.\n17 Delegation by council\n(1) The council may delegate its functions under this Act to—\n(a) a member of the council; or\n(b) a committee that includes a member of the council; or\n(c) a member of the staff of the university; or\n(d) any other person approved by the council.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) However, the council must not delegate its power to make statutes.\n(3) A function delegated to a committee mentioned in subsection (1) (b)\nmust be exercised by a majority of the members of the committee\nacting together.\n(4) A delegate may, subject to the statutes, subdelegate to an entity\nmentioned in subsection (1) a function delegated under that\nsubsection.\n\nPart 2 University of Canberra\nDivision 2.3 The board\nSection 19\npage 14 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 2.3 The board\n19 Academic board\n(1) There is to be an Academic Board.\n(2) The board—\n(a) subject to the statutes, is responsible under the council for all\nacademic matters relating to the university; and\n(b) may advise the council on any matter relating to education,\nlearning or research or the academic work of the university.\n20 Constitution of board\nThe board consists of the following members:\n(a) the vice-chancellor or the vice-chancellor’s nominee;\n(b) the chairperson appointed under section 21;\n(c) the heads of faculties;\n(d) the heads of the other bodies mentioned in section 8 that are\ndesignated by the council for this section;\n(e) the other members of the academic staff that are specified in, or\nchosen as provided by, the statutes;\n(f) the students of the university that are elected by students in\naccordance with the statutes;\n(g) the other people (if any) that the council appoints after receiving\nthe advice of the board itself.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n\nUniversity of Canberra Part 2\nThe board Division 2.3\nSection 21\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Chairperson of board\n(1) The council must appoint the chairperson of the board.\n(2) The chairperson must be a professor of the university.\n(3) In deciding the appointment of the chairperson, the council must\nconsider any recommendation of the vice-chancellor.\n(4) The chairperson holds office on the conditions and for the period\nstated in the statutes.\n22 Terms of office of board members\n(1) A member of the board mentioned in section 20 (e) or (f) holds office,\nsubject to this Act and to the statutes, for the period specified in the\nstatutes.\n(2) A member of the board mentioned in section 20 (g) holds office,\nsubject to this Act and to the statutes, for the period specified in the\ninstrument appointing that member.\n(3) If a person holding office as a member mentioned in 1 of the\nparagraphs of section 20 becomes, before otherwise ceasing to hold\nthe office, a member mentioned in another of those paragraphs, the\nperson ceases, on becoming such a member, to hold the\nfirstmentioned office.\n(4) If a person becomes a member of the board because of the filling of a\ncasual vacancy in the office of a member mentioned in section 20 (e)\nor (f) (including a casual vacancy happening because of\nsubsection (3)), that person holds office, subject to this Act and to the\nstatutes, for the remainder of the term of office of the person’s\npredecessor.\n\nPart 2 University of Canberra\nDivision 2.4 Senior officers of university\nSection 23\npage 16 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Meetings of board\n(1) Subject to subsection (2), the chairperson of the board is to preside at\nall meetings of the board at which the chairperson is present.\n(2) If the chairperson—\n(a) is not present; or\n(b) declines to preside;\nat a meeting of the board, the members present must elect 1 of the\nmembers present to preside at the meeting.\n(3) At a meeting of the board, a quorum consists of a majority of the\npeople for the time being holding office as members of the board.\nDivision 2.4 Senior officers of university\n24 Chancellor\n(1) The council must appoint a member of the council or someone else to\nbe the Chancellor of the university.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(2) The chancellor holds office for the period, and on the conditions,\nsubject to the statutes, that the council decides.\n(3) A person is not eligible to be appointed as the chancellor if the person\nis disqualified from managing corporations under the\nCorporations Act, part 2D.6 (Disqualification from managing\ncorporations).\n(4) The council may, by special resolution, end a person’s appointment\nas chancellor if the council considers it in the best interests of the\nuniversity to end the appointment.\nNote A chancellor’s appointment also ends if the chancellor resigns\n(see Legislation Act, s 210), or may end if the chancellor fails to comply\nwith a duty under s 12A (1) or (2) (see s 12A (4)).\n\nUniversity of Canberra Part 2\nSenior officers of university Division 2.4\nSection 24A\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\nspecial resolution, of the council, means a resolution passed by at\nleast 2/3 of the total members of the council for the time being at\n2 consecutive meetings of the council.\n24A Deputy chancellor\n(1) The council must appoint a member of the council to be the Deputy\nChancellor of the university.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(2) The deputy chancellor holds office for the period, and on the\nconditions, subject to the statutes, that the council decides.\n(3) The deputy chancellor acts as the chancellor—\n(a) during any vacancy in the office of chancellor; or\n(b) when the chancellor is for any reason unable to exercise the\nfunctions of the office of chancellor.\n(4) The council may, by special resolution, end a person’s appointment\nas deputy chancellor if the council considers it in the best interests of\nthe university to end the appointment.\nNote A deputy chancellor’s appointment also ends if the deputy chancellor\nresigns (see Legislation Act, s 210), or may end if the deputy chancellor\nfails to comply with a duty under s 12A (1) or (2) (see s 12A (4)).\n(5) In this section:\nspecial resolution, of the council—see section 24 (5).\n\nPart 2 University of Canberra\nDivision 2.5 Miscellaneous\nSection 25\npage 18 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25 Vice-chancellor and president\n(1) The council must appoint a member of the council or another person\nto be the Vice-Chancellor and President of the university.\n(2) The vice-chancellor—\n(a) is the executive officer of the university; and\n(b) has the functions that the statutes prescribe or, subject to the\nstatutes, the council decides.\n(3) The vice-chancellor holds office for the period, and on the conditions,\nsubject to the statutes, that the council decides.\n(4) A person is not eligible to be appointed as the vice-chancellor if the\nperson is disqualified from managing corporations under the\nCorporations Act, part 2D.6 (Disqualification from managing\ncorporations).\nDivision 2.5 Miscellaneous\n28 Execution of contracts\n(1) Any contract that, if made between private people, would be by law\nrequired to be in writing under seal may be made on behalf of the\nuniversity in writing under the seal of the university.\n(2) Any contract to which subsection (1) does not apply may be made on\nbehalf of the university by anyone acting with the authority of the\ncouncil, express or implied, and, if such a contract is made in writing,\nit may be executed on behalf of the university by the person.\n29 Validity of acts and proceedings\n(1) This section applies to the following acts and proceedings:\n(a) an act or proceeding of the council or the board;\n(b) an act or proceeding of the members, or a committee, of the\ncouncil or the board;\n\nUniversity of Canberra Part 2\nMiscellaneous Division 2.5\nSection 29A\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) an act done by the chancellor or vice-chancellor.\n(2) An act or proceeding is not invalid because of—\n(a) a defect in the appointment, election, choosing or admission\nof—\n(i) the chancellor or vice-chancellor; or\n(ii) any other member of the council or the board or of a\ncommittee of either; or\n(b) the disqualification of a member of the council or the board or\nof a committee of the council or the board from membership of\nthe council, board or committee; or\n(c) a defect in the calling of a meeting.\n29A Immunity from suit\nNo action, suit or proceeding lies against a person who is or has been\na member of the council in relation to an act done or omitted to be\ndone honestly in the exercise, or purported exercise, of a function\nunder this Act.\n\nPart 3 Financial and commercial matters\nDivision 3.1 Fees\nSection 30\npage 20 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Financial and commercial\nmatters\nDivision 3.1 Fees\n30 Fees\nFees payable to the university, including student contribution\namounts and tuition fees, are payable in accordance with the statutes.\nDivision 3.2 Finances of university\n33 Application of fees and other money\nThe council must apply the following only for the purposes of the\nuniversity:\n(a) any financial assistance paid to the university under the\nCommonwealth Act;\n(b) student contribution amounts paid to the university under the\nCommonwealth Act;\n(c) tuition fees paid to the university under the Commonwealth Act;\n(d) any other money received by the university under this Act or\notherwise.\n34 Borrowing\n(1) Subject to subsection (2), the university may borrow money.\n(2) The university’s power to borrow is subject to the limits that the\nTreasurer decides about—\n(a) the total amount of money (other than interest) that may be owed\nby the university at any time as a result of borrowings; and\n(b) the periods for which money may be borrowed.\n\nFinancial and commercial matters Part 3\nFinances of university Division 3.2\nSection 35\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Application of Financial Management Act 1996\n(1) The Financial Management Act 1996, part 6 (Borrowing and\nguarantees) applies in relation to the university as if section 45\n(Loans to be paid into territory banking account) were omitted.\n(2) The Financial Management Act 1996, part 8 (Financial provisions for\nterritory authorities) applies in relation to the university as if—\n(a) a reference to the governing board of the university were a\nreference to the council; and\n(b) a reference to the chair of the governing board were a reference\nto the chancellor; and\n(c) a reference to the chief executive officer of the university were\na reference to the vice-chancellor; and\n(d) the part were modified as set out in schedule 1.\n(3) The Financial Management Act 1996, section 98 (Limitations on\nauthorities forming corporations etc) and section 99 (Limitations on\nauthorities taking part in joint ventures and trusts) apply in relation to\nthe university as if those sections were modified as set out in\nschedule 2.\n(4) The Financial Management Act 1996, part 10 (Miscellaneous)\napplies in relation to the university as if section 130 (Act of grace\npayments) were omitted.\n36 Annual report\nThe council must, within 4 months after 31 December in each year,\nprepare and submit to the Minister for presentation to the Legislative\nAssembly a report of the operations of the university during the year\nthat ended on that date.\n\nPart 3 Financial and commercial matters\nDivision 3.3 Companies and joint ventures\nSection 37\npage 22 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.3 Companies and joint ventures\n37 Formation and participation\n(1) The university may—\n(a) form, or participate in the formation of, a company; or\n(b) enter into a joint venture with another person;\nthe objectives or purposes of which are consistent with and, while the\nuniversity is a participant in the corporation or joint venture, remain\nconsistent with the functions of the university.\n(2) Without limiting subsection (1), those objectives or purposes may\ninclude any of the following:\n(a) providing facilities for study, research or education;\n(b) undertaking research, development, consultancy or other\nservices for commercial organisations, public bodies or\nindividuals;\n(c) aiding or engaging in the development or promotion of\nuniversity research or the application or use of the results of\nuniversity research;\n(d) preparing, publishing, distributing or licensing the use of literary\nor artistic work, audio or audiovisual material or computer\nsoftware;\n(e) seeking or encouraging gifts to the university or for the purposes\nof the university;\n(f) promoting or assisting drama, music or the visual arts.\n\nFinancial and commercial matters Part 3\nCompanies and joint ventures Division 3.3\nSection 38\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n38 Provision of information about significant matters—\ncorporation or joint venture\n(1) The Minister or Treasurer may ask the university for financial\ninformation that is not publicly available about a company the\nuniversity has formed or participated in forming, or a joint venture\nthe university has entered, if—\n(a) the Minister or Treasurer reasonably considers the information\nis necessary to protect the interests of the Territory; and\n(b) the information relates to a matter of significance being\nundertaken by the university.\n(2) The university must comply with the request within a reasonable time\nafter receiving it.\n(3) In this section:\nmatter of significance—a matter to which financial information\nrelates is a matter of significance if—\n(a) it is significant when interpreted in accordance with accounting\nstandards relating to materiality ordinarily used in Australia\nwhen the decision about whether it is significant is made; or\n(b) a document published by the university identifies it as\nsignificant (however described); or\n(c) a memorandum of understanding or other agreement between\nthe Minister or Treasurer and the university identifies it as\nsignificant (however described); or\n(d) it is prescribed under the financial management guidelines.\n\nPart 4 Statutes\nSection 40\npage 24 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Statutes\n40 Statutes\n(1) The council may make statutes for this Act.\n(2) The council may make statutes in relation to the following matters:\n(a) the management, good government and discipline of the\nuniversity;\n(b) the imposition, by or on behalf of the university, of penalties\non—\n(i) students of the university; or\n(ii) people employed by the university;\nfor contravention of a statute made under paragraph (a);\n(c) the method of any election provided for by this Act, and the\ndetermination of questions raised in relation to the conduct or\nresult of any election;\n(d) the people who are to be regarded, for this Act, as members of\nthe academic staff;\n(e) in relation to the council or the board—\n(i) the manner and time of calling, holding and adjourning its\nmeetings; and\n(ii) voting at a meeting (including postal or proxy voting); and\n(iii) disclosure of interests at a meeting; and\n(iv) the appointment and functions of a chairperson at a\nmeeting; and\n(v) the conduct and recording of business at a meeting; and\n(vi) the appointment of committees; and\n\nStatutes Part 4\nSection 40\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(vii) the quorum for a committee meeting and the functions of a\ncommittee;\n(f) the resignation of members of the council and the board;\n(g) the resignation of the chancellor and vice-chancellor;\n(h) the tenure of the holder of any office or place established by or\nunder this Act in relation to which this Act does not—\n(i) specify a term of office; or\n(ii) provide for the fixing of the term of office otherwise than\nby the statutes;\n(i) the employment of members of staff of the university, including\nthe terms and conditions of the employment and the termination\nof the employment;\n(j) the appointment of people to positions of responsibility within\nthe university, the terms and conditions of the appointments and\nthe termination of the appointments;\n(k) the admission and enrolment of students;\n(l) the times, places and manner of holding lectures, classes and\nexaminations, and the number and character of the lectures,\nclasses and examinations;\n(m) the promotion and extension of university teaching;\n(n) the granting of degrees, diplomas, certificates and honours;\n(o) the granting of fellowships, scholarships, exhibitions and\nbursaries;\n(p) the admission—\n(i) of people who are undertaking or have undertaken studies\nat another institution to any corresponding status within the\nuniversity; or\n\nPart 4 Statutes\nSection 40\npage 26 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) of people who hold degrees, diplomas or other awards\ngranted by other institutions to any corresponding degree,\ndiploma or other award of the university without\nexamination;\n(q) the exemption of people undertaking a course leading to a\ndegree, diploma or other award from the requirement to\nundertake particular work that would otherwise be required to\nbe undertaken for the purposes of that course, whether or not on\ncondition that other work be undertaken instead of the work the\nsubject of the exemption;\n(r) the payment to the university of—\n(i) fees, including student contribution amounts and tuition\nfees, within the meaning of fee in the Commonwealth Act,\nsection 19-102; or\n(ii) fees not included within the meaning of fee by the\nCommonwealth Act, section 19-102;\n(s) the establishment, management and control of libraries,\nlaboratories and museums in connection with the university;\n(t) the establishment or affiliation of residential colleges;\n(u) the affiliation or admission to the university of any education or\nresearch establishment wherever it is;\n(v) the control and investment of the property of the university;\n(w) the provision of superannuation or similar benefits for, and for\nthe families of, the vice-chancellor and other people employed\nby the university.\n\nStatutes Part 4\nSection 41\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The statutes may empower any authority (including the council)\nor officer of the university to make rules or orders, not inconsistent\nwith this Act or with any statute—\n(a) regulating, or providing for the regulation of, any specified\nmatter (being a matter in relation to which statutes may be\nmade); or\n(b) for carrying out or giving effect to the statutes.\n(4) A rule or order made under a statute made under subsection (3) has\nthe same force and effect as a statute.\n(5) Subsection (3) does not permit the making of rules or orders—\n(a) regulating, or providing for the regulation of, a matter\nmentioned in section 41 (1); or\n(b) for carrying out or giving effect to a statute dealing with a matter\nmentioned in section 41 (1) except to the extent that the rules or\norders are made in relation to the discipline of the university and\nprovide for the enforcement of such a statute.\n41 Statutes about traffic\n(1) The council may make statutes for the regulation or control of traffic\n(a traffic statute) on land occupied by the university in the ACT,\nincluding—\n(a) the parking, stopping, standing or leaving of vehicles; and\n(b) the erection and effect of signs and markings.\n(2) A traffic statute may create offences for contraventions of a traffic\nstatute and prescribe maximum penalties of not more than 2 penalty\nunits for the offences.\n(3) A traffic statute must not be inconsistent with another territory law.\n\nPart 4 Statutes\nSection 42\npage 28 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) However, a traffic statute must not be treated as being inconsistent\nwith another territory law only because it makes provision in relation\nto a matter dealt with by the other territory law if the provision can be\ncomplied with without contravening the other law.\n42 Approval and publication of statutes\n(1) When a statute has been made by the council—\n(a) it must be sealed with the seal of the university; and\n(b) the chancellor must send the statute to the Executive for\napproval.\n(2) A statute that has been approved by the Executive is a disallowable\ninstrument.\n(3) A statute that has been approved by the Executive has the force of\nlaw from the day after the statute is notified under the Legislation Act.\n\nModifications of Financial Management Act 1996, pt 8 Schedule 1\nModification [1.1]\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Modifications of Financial\nManagement Act 1996, pt 8\n(see s 35 (2) (d))\n[1.1] Section 56\nsubstitute\n56 Responsibilities of governing boards\n(1) This section applies to a territory authority if the authority has a\ngoverning board.\n(2) The governing board of the territory authority is responsible, under\nthe responsible Minister, for the efficient and effective financial\nmanagement of the resources for which the authority is responsible.\n(2A) The governing board of a territory authority must manage the\nauthority in a way that promotes—\n(a) the achievement of the purpose of the authority; and\n(b) the financial sustainability of the authority.\n(3) Without limiting subsections (2) and (2A), the governing board of the\nterritory authority is responsible, under the responsible Minister,\nfor ensuring the following:\n(a) that expenses incurred by the authority are properly authorised;\n(b) that payments made by the authority are properly authorised and\ncorrectly made;\n(c) that the staff of the authority comply with the requirements of\nthis Act;\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including in this case\nthe financial management guidelines (see Legislation Act, s 104).\n\nSchedule 1 Modifications of Financial Management Act 1996, pt 8\nModification [1.2]\npage 30 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) that proper accounts and records are kept of the transactions and\naffairs of the authority in accordance with accounting standards;\n(e) that adequate control is maintained over the assets of the\nauthority and assets under the authority’s control;\n(f) that adequate control is maintained over the incurring of\nliabilities by the authority.\n(4) In this section:\nproperty means property, other than money, that is owned or held by\nthe territory authority or held by a person on behalf of the authority.\nresources means money or property.\n[1.2] Section 57\nsubstitute\n57 Banking accounts of territory authorities\n(1) A territory authority may open 1 or more banking accounts for the\npurposes of the authority.\n(2) A territory authority must at all times maintain at least 1 banking\naccount.\n[1.3] Section 58\nsubstitute\n58 Investment by territory authorities\n(1) Funds not immediately required for the purposes of a territory\nauthority may be invested—\n(a) on deposit with an authorised deposit-taking institution; or\n(b) in securities of the Territory, a State or the Commonwealth; or\n\nModifications of Financial Management Act 1996, pt 8 Schedule 1\nModification [1.3]\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) by the Treasurer, for the territory authority, in an investment\nmentioned in section 38 (1) (a) to (e); or\n(d) in an investment prescribed under the financial management\nguidelines for this paragraph; or\n(e) on deposit with an eligible money market dealer under the\nCorporations Act; or\n(f) in bills of exchange that—\n(i) have been accepted by an authorised deposit-taking\ninstitution (an ADI); and\n(ii) have been endorsed by 1 or more ADIs; and\n(iii) have not been endorsed by anyone other than an ADI.\n(2) However, the funds of the territory authority may only be invested\nunder this section to increase or protect the financial wealth of the\nauthority.\n(3) Transfers between the territory banking account and the banking\naccount of a territory authority to facilitate investments may be made\nwithout appropriation.\n(4) Interest received by the Treasurer for the investment of funds of a\nterritory authority must be paid to the territory authority.\n(5) However, if an investment of funds of a territory authority is made or\nmanaged by a directorate, the directorate may deduct from the interest\nreceived by the directorate for the investment—\n(a) a fee charged by the directorate for making or managing the\ninvestment; and\n(b) expenses reasonably incurred by the directorate in making or\nmanaging the investment.\n(6) Interest that is to be paid to a territory authority under subsection (4)\nmay be paid direct to the territory authority or through the territory\nbanking account.\n\nSchedule 1 Modifications of Financial Management Act 1996, pt 8\nModification [1.4]\npage 32 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) If interest to be paid to a territory authority is paid into the territory\nbanking account under subsection (6), the interest may be paid to the\nauthority from that account without further appropriation.\n(8) This section does not apply to money held on trust by a territory\nauthority.\n[1.4] Section 61 (Territory authority statements of intent)\nomit\n[1.5] Section 62 (Presentation of statements of intent of\nterritory authorities)\nomit\n[1.6] Section 63\nsubstitute\n63 Annual financial statements of territory authorities\n(1) A territory authority must prepare annual financial statements relating\nto its operations during each year.\n(2) The annual financial statements for a year must be prepared within—\n(a) 2 months after 31 December in each year; or\n(b) any further period that the Treasurer allows in writing.\n(3) The annual financial statements must be prepared in accordance with\naccounting standards.\n(4) The annual financial statements must include—\n(a) the financial statements required under the financial\nmanagement guidelines; and\n(b) any other statement necessary to fairly reflect the financial\noperations of the authority during the year and its financial\nposition at the end of the year.\n\nModifications of Financial Management Act 1996, pt 8 Schedule 1\nModification [1.7]\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.7] Section 65\nsubstitute\n65 Audit of annual financial statements\n(1) The chief executive officer of a territory authority must give the\nauditor-general a copy of the annual financial statements of the\nauthority for a financial year within 2 weeks after preparing them.\n(3) The auditor-general must give the chief executive officer an audit\nopinion about the financial statements as soon as practicable after the\nauditor-general receives them.\n[1.8] Section 66\nsubstitute\n66 Presentation of annual financial statements of territory\nauthorities\n(1) This section applies if, under section 65 (3), the chief executive\nofficer of a territory authority receives an audit opinion about annual\nfinancial statements of the authority.\n(2) Within 7 days after the day the chief executive officer receives the\naudit opinion, the chief executive officer must give the responsible\nMinister of the territory authority the following documents:\n(a) a copy of the annual financial statements;\n(b) a copy of the opinion;\n(c) the authority’s response (if any) to the opinion.\n(3) The responsible Minister must present the documents to the\nLegislative Assembly within 6 sitting days after the day the Minister\nreceives them.\n\nSchedule 1 Modifications of Financial Management Act 1996, pt 8\nModification [1.9]\npage 34 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.9] Section 67\nsubstitute\n67 Treasurer may require interim financial statements etc\n(1) The Treasurer may, in writing, direct the chief executive officer of a\nterritory authority to give the Minister and Treasurer financial or\nother statements relating to the authority.\n(2) The Treasurer must present a copy of the direction to the Legislative\nAssembly within 6 sitting days after the day when the Treasurer gives\nthe direction.\n(3) The relevant person must prepare the statements required by the\ndirection and give them to the responsible Minister and Treasurer\nwithin 1 month after the day the person receives the direction or, if a\nlonger period for compliance is stated in the direction, within the\nlonger period.\n(4) In this section:\nrelevant person, for a territory authority, means—\n(a) if the authority has a governing board—the chair of the\ngoverning board; or\n(b) if the authority does not have a governing board—the chief\nexecutive officer.\n[1.10] Section 68 (Statements of performance of territory\nauthorities)\nomit\n[1.11] Section 69 (Responsibility for territory authority\nstatements of performance)\nomit\n\nModifications of Financial Management Act 1996, pt 8 Schedule 1\nModification [1.12]\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n[1.12] Section 70 (Scrutiny of territory authority statements of\nperformance)\nomit\n[1.13] Section 71 (Presentation of territory authority statements\nof performance)\nomit\n\nSchedule 2 Modifications—Financial Management Act 1996\nModification [2.1]\npage 36 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Modifications—Financial\nManagement Act 1996\n(see s 35 (3))\n[2.1] Section 98\nsubstitute\n98 Limitations on authorities forming corporations etc\n(1) A relevant territory authority must not do any of the following\nwithout the Treasurer’s prior written approval if it is a significant\nactivity or event:\n(a) subscribe for, or purchase shares in or debentures or other\nsecurities of, a corporation;\n(b) form, or take part in the formation of, a corporation.\n(2) An approval under subsection (1)—\n(a) must relate only to a particular corporation or proposed\ncorporation; and\n(b) may be given subject to the conditions or restrictions stated in\nthe approval.\n(2A) If the Treasurer has not decided whether to approve a relevant\nterritory authority doing something mentioned in subsection (1)\nwithin 30 days after receiving notice about it, the Treasurer is taken\nto have given the approval.\n(3) If a relevant territory authority does something mentioned in\nsubsection (1), the authority must tell the responsible Minister within\n2 weeks after the day the authority does the thing.\n\nModifications—Financial Management Act 1996 Schedule 2\nModification [2.2]\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The responsible Minister must—\n(a) prepare a written statement setting out details of, and reasons\nfor, the relevant territory authority’s action; and\n(b) present the statement to the Legislative Assembly within\n6 sitting days after the day the Minister is told about the action.\n(5) A statement need not include any material that is commercially\nsensitive.\n(6) However, if commercially sensitive information is not included in the\nstatement, the responsible Minister must, when presenting the\nstatement to the Legislative Assembly, also present a further\nstatement setting out the general nature of the information and the\nreason for its non-inclusion in the statement.\n(7) Section 58 (Investment by territory authorities) does not apply if a\nrelevant territory authority does something mentioned in\nsubsection (1), whether or not the thing is a significant activity or\nevent.\n(8) In this section:\nsignificant, in relation to an activity or event—see section 101 (2).\n[2.2] Section 99\nsubstitute\n99 Limitations on authorities taking part in joint ventures\nand trusts\n(1) A relevant territory authority must not take part in a joint venture or\ntrust if it is a significant activity or event without the Treasurer’s prior\nwritten approval.\n\nSchedule 2 Modifications—Financial Management Act 1996\nModification [2.2]\npage 38 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) An approval under subsection (1)—\n(a) may apply generally or may relate to a particular proposed joint\nventure or trust; and\n(b) may be given subject to the conditions or restrictions stated in\nthe approval.\n(2A) If the Treasurer has not decided whether to approve a relevant\nterritory authority taking part in a joint venture or trust within 30 days\nafter receiving notice about it, the Treasurer is taken to have given the\napproval.\n(3) If a relevant territory authority enters into an agreement for a joint\nventure or trust, the authority must tell the responsible Minister within\n2 weeks after the day the authority enters into the agreement.\n(4) The responsible Minister must—\n(a) prepare a written statement setting out details of, and reasons\nfor, the agreement; and\n(b) present the statement to the Legislative Assembly within\n6 sitting days after the day the Minister is told about the\nagreement.\n(5) A statement need not include any material that is commercially\nsensitive.\n(6) However, if commercially sensitive information is not included in the\nstatement, the responsible Minister must, when presenting the\nstatement to the Legislative Assembly, also present a further\nstatement setting out the general nature of the information and the\nreason for its non-inclusion in the statement.\n\nModifications—Financial Management Act 1996 Schedule 2\nModification [2.2]\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) Section 58 (Investment by territory authorities) does not apply if a\nrelevant territory authority does something mentioned in\nsubsection (1), whether or not the thing is a significant activity or\nevent.\n(8) In this section:\nsignificant, in relation to an activity or event—see section 101 (2).\n\nDictionary\npage 40 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• appoint\n• entity\n• Executive\n• exercise\n• function\n• Minister (see s 162)\n• property.\nacademic staff means the people who are to be regarded as members\nof the academic staff because of statutes made under\nsection 40 (2) (d).\nboard means the Academic Board established by section 19.\nchancellor means the Chancellor of the university appointed under\nsection 24.\nCommonwealth Act means the Higher Education Support Act 2003\n(Cwlth).\ncouncil means the Council mentioned in section 9.\ndeputy chancellor means the Deputy Chancellor of the university\nappointed under section 24A.\nelect includes re-elect.\ngeneral staff means members of the staff of the university other\nthan—\n(a) the vice-chancellor; and\n(b) the members of the academic staff.\n\nDictionary\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nstatute means a statute of the university made by the council under\npart 4.\nstudent contribution amount—see the Commonwealth Act,\nsection 93-5.\ntuition fee—see the Commonwealth Act, schedule 1—dictionary.\nuniversity means the University established by section 4.\nvice-chancellor means the Vice-Chancellor and President of the\nUniversity of Canberra appointed under section 25.\n\nEndnotes\n1 About the endnotes\npage 42 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth Act—the University of Canberra\nAct 1989 A1989-179 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (2)\nconverted some Commonwealth Acts in force in the ACT into ACT enactments.\nThis allowed the ACT Legislative Assembly to amend and repeal the laws. This\nAct was converted into an ACT enactment on 1 December 1997 when the\nEducation Legislation Amendment Act 1997 (Cwlth), s 14 added this Act to the list\nof former Commonwealth Acts that were converted into ACT enactments.\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth) s 25).\nCommonwealth legislation\nUniversity of Canberra Act 1989 A1989-179\nassented 28 December 1989\ncommenced 1 January 1990 (s 2)\nas amended by\nUniversity of Canberra (Amendment) Act 1991 No 132 (Cwlth)\nassented 2 September 1991\ncommenced 2 September 1991 (s 2)\nSales Tax Amendment (Transitional) Act 1992 No 57 (Cwlth) sch 1\nassented 30 September 1992\ncommenced 28 October 1992 (s 2)\nHigher Education Funding Amendment Act (No 2) 1992 No 158\n(Cwlth) sch\nassented 11 December 1992\ns 1, s 2 commenced 11 December 1992 (s 2 (1))\nsch commenced 1 January 1993 (s 2 (2))\nUniversity of Canberra (Cessation of Sponsorship) Regulations\nSR 1993-69 (Cwlth)\nnotified 11 May 1993\ncommenced 11 May 1993\n\nEndnotes\n3 Legislation history\npage 44 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nIndustrial Relations and other Legislation Amendment Act 1995\nNo 168 (Cwlth) sch 10\nassented 16 December 1995\ncommenced 16 December 1995 (s 2 (1))\nEducation Legislation Amendment Act 1997 66 (Cwlth) sch 1 pt 1\nassented 30 May 1997\ncommenced 30 May 1997 (s 2 (1))\nsch 1 pt 1 commenced 30 November 1997 (s 2 (3))\nLegislation after becoming Territory enactment\nUniversity of Canberra (Transfer) Act 1997 A1997-74 ss 4-18\nnotified 25 November 1997 (Gaz 1997 No S360)\ns 1, s 2 commenced 25 November 1997 (s 2 (1))\nss 4-18 commenced 1 December 1997 (s 2 (2))\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 402\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 402 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2002 A2002-30 pt 3.86\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.86 commenced 17 September 2002 (s 2 (1))\nUniversity of Canberra Amendment Act 2005 A2005-36\nnotified LR 26 August 2005\ns 1, s 2 commenced 26 August 2005 (LA s 75 (1))\nremainder commenced 27 August 2005 (s 2)\nFinancial Management Legislation Amendment Act 2005 A2005-52\nsch 1 pt 1.22\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.22 commenced 1 January 2006 (s 2 (2))\n\nEndnotes\nLegislation history 3\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nUniversity of Canberra Amendment Act 2006 A2006-56\nnotified LR 18 December 2006\ns 1, s 2 commenced 18 December 2006 (LA s 75 (1))\nremainder commenced 19 December 2006 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.162\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.162 commenced 1 July 2011 (s 2 (1))\nUniversity of Canberra Amendment Act 2015 A2015-8\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\nremainder commenced 8 April 2015 (s 2)\nFinancial Management Amendment Act 2015 A2015-34 sch 1 pt 1.3\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 October 2015 (s 2 (2))\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 1\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 1 commenced 27 April 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.34\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.34 commenced 9 March 2017 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 1 pt 1.9\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 1 pt 1.9 commenced 22 November 2018 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.31\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.31 commenced 14 May 2020 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 46 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nUniversity of Canberra Amendment Act 2024 A2024-10\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nremainder commenced 20 April 2024 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.183\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.183 commenced 5 January 2026 (s 2 (8))\n\nEndnotes\nAmendment history 4\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nIn this table Acts and statutory rules for 1992 and earlier years are Commonwealth\nActs and Acts for 1993 and later years are ACT Acts.\nPreamble\npreamble om Cwlth Act 1997 No 66 sch 1 amdt 2\nTitle\ntitle am Cwlth Act 1997 No 66 sch 1 amdt 1\nsub A1997-74 s 4; A2002-30 amdt 3.940\nPreliminary\npt 1 hdg sub A1997-74 sch\nName of Act\ns 1 sub A2002-30 amdt 3.941\nDictionary\ns 2 om A2001-44 sch 1 amdt 1.4162\nins A2002-30 amdt 3.941\nNotes\ns 3 defs reloc to dict A2002-30 amdt 3.942\nom A2002-30 amdt 3.943\ndef college om A1997-74 s 5\ndef College Act om A1997-74 s 5\ndef commencement om A1997-74 s 5\npres s 3 ins A2002-30 amdt 3.941\nUniversity of Canberra\npt 2 hdg am A1997-74 sch\nEstablishment of university\ndiv 2.1 hdg (prev pt 2 div 1 hdg) renum R2 LA\nEstablishment of university\ns 4 am A1997-74 sch; A2002-30 amdt 3.944\nSponsorship by Monash University\ns 5 om Cwlth SR 1993 No 69\nFunctions of university\ns 6 am A1997-74 sch; A2002-30 amdt 3.945; A2015-8 s 4, s 5;\npars renum R8 LA; A2025-29 amdt 4.186\nValues and principles of university\ns 6A ins A1997-74 s 6\nam A2002-30 amdt 3.945; A2015-8 s 6\nPowers of university\ns 7 am A1997-74 sch; pars renum R2 LA; A2002-30\namdts 3.945-3.947; A2015-8 ss 7-9; A2025-29 amdt 4.186\n\nEndnotes\n4 Amendment history\npage 48 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nThe Council\ndiv 2.2 hdg (prev pt 2 div 2 hdg) renum R2 LA\nPowers of council\ns 10 am A2015-8 s 10\nConstitution of council\ns 11 am Cwlth Act 1991 No 132 s 4; Cwlth Act 1997 No 66 sch 1\namdts 4-6; A1997-74 s 7; pars renum R2 LA; A2002-30\namdt 3.948, amdt 3.949; A2005-36 s 4, s 6, s 7; pars renum\nR4 LA (see A2005-36 s 5)\nsub A2006-56 s 4\nam A2015-8 s 11; ss renum R8 LA; A2018-42 amdt 1.36,\namdt 1.37; ss renum R12 LA; A2024-10 s 4\nAppointment of council members\ns 11A ins A2006-56 s 4\nam A2024-10 s 4\nQualifications for membership of council\ns 12 am A1997-74 sch\nsub A2005-36 s 8\nDuties of members of council\ns 12A ins A2005-36 s 9\nMeetings of council\ns 13 am A1997-74 s 8; ss renum R2 LA\nResolutions without meeting\ns 13A ins A2006-56 s 5\nam A2025-29 amdt 4.186\nDisclosure of interests of members\ns 14 am A1997-74 sch; A2005-36 s 10\nVacation of office\ns 15 am Cwlth Act 1991 No 132 s 5; Cwlth Act 1997 No 66 sch 1\namdt 7; A1997-74 sch; A2002-30 amdt 3.950, amdt 3.951;\nA2005-36 ss 11-13; pars renum R4 LA (see A2005-36 s 14);\nA2006-56 s 6, s 7; A2024-10 s 4\nCasual vacancies\ns 16 am A2015-8 s 12\nDelegation by council\ns 17 sub A2002-30 amdt 3.952\nam A2015-8 s 13; A2024-10 s 5\nDelegation to committee of council\ns 18 om A2002-30 amdt 3.952\n\nEndnotes\nAmendment history 4\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nThe board\ndiv 2.3 hdg (prev pt 2 div 3 hdg) renum R2 LA\nConstitution of board\ns 20 am Cwlth Act 1997 No 66 sch 1 amdt 8; A1997-74 sch; pars\nrenum R2 LA; A2002-30 amdt 3.953\nChairperson of board\ns 21 am A1997-74 sch\nsub A2006-56 s 8\nTerms of office of board members\ns 22 am Cwlth Act 1997 No 66 sch1 amdt 9; A1997-74 sch\nMeetings of board\ns 23 am A1997-74 sch\nSenior officers of university\ndiv 2.4 hdg (prev pt 2 div 4 hdg) renum R2 LA\nChancellor\ns 24 am Cwlth Act 1991 No 132 s 6; A1997-74 sch; A2002-30\namdt 3.953; A2005-36 s 15; A2015-8 s 14\nDeputy chancellor\ns 24A ins A1997-74 s 9\nam A2002-30 amdt 3.953, amdt 3.594; A2005-36 s 16;\nA2015-8 s 15\nVice-chancellor and president\ns 25 am A1997-74 s 10; A2002-30 amdt 3.955; A2005-36 s 17\nRemuneration and allowances\ns 26 om Cwlth Act 1995 No 168 sch 10\nActing appointments\ns 27 sub A1997-74 s 11\nom A2002-30 amdt 3.956\nMiscellaneous\ndiv 2.5 hdg (prev pt 2 div 5 hdg) renum R2 LA\nValidity of acts and proceedings\ns 29 am A1997-74 sch; A2002-30 amdt 3.957, amdt 3.958\nImmunity from suit\ns 29A sub A1997-74 s 12\nam A2002-30 amdt 3.959\nFinancial and commercial matters\npt 3 hdg sub A1997-74 s 13\nFees\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA\n\nEndnotes\n4 Amendment history\npage 50 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFees\ns 30 sub Cwlth Act 1992 No 158 sch\nam A1997-74 sch\nsub A2006-56 s 9\nGuidelines relating to certain fees\ns 31 om Cwlth Act 1992 No 158 sch\nFinances of university\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA\nMoney payable to university\ns 32 om Cwlth Act 1992 No 158 sch\nApplication of fees and other money\ns 33 am Cwlth Act 1992 No 158 sch; A1997-74 sch\nsub A2006-56 s 10\nApplication of Financial Management Act 1996\ns 35 hdg sub A2015-34 amdt 1.10; A2016-18 amdt 1.1\ns 35 sub A1997-74 s 14; A2002-30 amdt 3.960\nam A2005-52 amdt 1.269; A2015-34 amdt 1.11; A2016-18\namdt 1.2; ss renum R10 LA\nAnnual report\ns 36 sub A1997-74 s 14\nCompanies and joint ventures\ndiv 3.3 hdg (prev pt 3 div 3 hdg) ins A1997-74 s 14\nrenum R2LA\nFormation and participation\ns 37 sub A1997-74 s 14\nam A2016-18 amdt 1.3, amdt 1.4\nProvision of information about significant matters—corporation or joint\nventure\ns 38 am Cwlth Act 1992 No 118 sch\nom Cwlth Act 1997 No 66 sch 1 amdt 10\nins A1997-74 s 14\nam A1999-66 sch\nsub A2016-18 amdt 1.5\nAnnual report and financial statements\ns 39 am Cwlth Act 1991 No 132 s 7\nom A1997-74 s 14\nStatutes\npt 4 hdg am A1997-74 sch\n\nEndnotes\nAmendment history 4\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatutes\ns 40 am Cwlth Act 1992 No 158 sch; A1997-74 sch; A2001-44 sch\n1 amdt 1.4163, amdt 1.4164; pars renum R2 LA; A2002-30\namdt 3.961, amdt 3.962; A2005-36 s 18; A2006-56 s 11\nStatutes relating to traffic\ns 41 am A1997-74 sch\nsub A2002-30 amdt 3.963\nApproval and publication of statutes\ns 42 am A1997-74 s 15; A2001-44 sch 1 amdt 1.4165,\namdt 1.4166; A2002-30 amdt 3.964, amdt 3.965; A2025-29\namdt 4.186\nMiscellaneous\npt 5 hdg om A1997-74 s 16\nins A2015-8 s 16\nom R14 LA\nReview of Act\ns 43 om A1997-74 s 16\nins A2015-8 s 16\nam A2020-14 amdt 1.136, amdt 1.137\nexp 8 April 2022 (s 43 (4))\nRepeal\ns 44 om Cwlth Act 1997 No 66 sch 1 amdt 11\nUniversity successor in law of the college\ns 45 om A1997-74 s 16\nTransfer of assets and liabilities of college\ns 46 om A1997-74 s 16\nCollege instruments\ns 47 om A1997-74 s 16\nState or Territory officer may act on certificate\ns 48 om A1997-74 s 16\nPending proceedings\ns 49 om A1997-74 s 16\nFirst vice-chancellor\ns 50 om Cwlth Act 1997 No 66 sch 1 amdt 12\nPreservation of college statutes\ns 51 om A1997-74 s 16\nStaff of the college\ns 52 om A1997-74 s 16\n\nEndnotes\n4 Amendment history\npage 52 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTransfer of appropriated money\ns 53 om Cwlth Act 1997 No 66 sch 1 amdt 12\nAnnual report and financial statements\ns 54 om Cwlth Act 1997 No 66 sch 1 amdt 12\nApplication of division\ns 55 om Cwlth Act 1997 No 66 sch 1 amdt 13\nCouncil members elected by graduates\ns 56 om Cwlth Act 1997 No 66 sch 1 amdt 13\nCouncil members representing academic staff\ns 57 om Cwlth Act 1997 No 66 sch 1 amdt 13\nCouncil members representing general staff\ns 58 om Cwlth Act 1997 No 66 sch 1 amdt 13\nCouncil members representing students\ns 59 om Cwlth Act 1997 No 66 sch 1 amdt 13\nOrder in which appointees go out of office\ns 60 om Cwlth Act 1997 No 66 sch 1 amdt 13\nAmendments of Acts\ns 61 om Cwlth Act 1997 No 66 sch 1 amdt 13\nModifications of Financial Management Act 1996, part 8\nsch 1 ins A2002-30 amdt 3.966\nsub A2005-52 amdt 1.270\nam A2011-22 amdt 1.453; A2015-34 amdts 1.12-1.16;\nA2017-4 amdt 3.199\nModifications—Financial Management Act 1996\nsch 2 ins A2016-18 amdt 1.6\nDictionary\ndict ins A2002-30 amdt 3.967\nam A2015-8 s 17; A2024-10 s 6\ndef academic staff reloc from s 3 A2002-30 amdt 3.942\ndef board reloc from s 3 A2002-30 amdt 3.942\ndef chancellor am Cwlth Act 1991 No 132 s 3\nreloc from s 3 A2002-30 amdt 3.942\ndef Commonwealth Act ins A2006-56 s 12\ndef council reloc from s 3 A2002-30 amdt 3.942\ndef deputy chancellor ins A1997-74 s 5\nreloc from s 3 A2002-30 amdt 3.942\ndef elect reloc from s 3 A2002-30 amdt 3.942\ndef general staff reloc from s 3 A2002-30 amdt 3.942\ndef statute reloc from s 3 A2002-30 amdt 3.942\ndef student contribution amount ins A2006-56 s 12\n\nEndnotes\nAmendment history 4\nR16\n05/01/26\nUniversity of Canberra Act 1989\nEffective: 05/01/26\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef tuition fee ins A2006-56 s 12\ndef university reloc from s 3 A2002-30 amdt 3.942\ndef vice-chancellor am Cwlth Act 1997 No 66 sch 1 amdt 3\nsub A1997-74 s 5\nreloc from s 3 A2002-30 amdt 3.942\n\nEndnotes\n5 Earlier republications\npage 54 University of Canberra Act 1989\nEffective: 05/01/26\nR16\n05/01/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1997-74 31 December 1997\n2 A2001-44 31 January 2002\n3 A2002-30 17 September 2002\n4 A2005-36 27 August 2005\n5 A2005-52 1 January 2006\n6 A2006-56 19 December 2006\n7 A2011-22 1 July 2011\n8 A2015-8 8 April 2015\n9 A2015-34 1 October 2015\n10 A2016-18 27 April 2016\n11 A2017-4 9 March 2017\n12 A2018-42 22 November 2018\n13 A2020-14 14 May 2020\n14 A2020-14 9 April 2022\n15 A2024-10 20 April 2024\n© Australian Capital Territory 2026","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, as amended, expands and formalises governance, financial and commercial oversight beyond a simple university charter: it adds explicit member duties and disclosure (s 12A), detailed appointment criteria for council members (s 11A), and gives the university broad commercial powers including forming companies and joint ventures (s 7, s 37). At the same time it increases external financial oversight by modifying the Financial Management Act (s 35 and Schedule 1) and by requiring Treasurer approval and reporting for significant corporate or joint‑venture activity (Schedule 2, ss 98–99). These changes shift scope toward structured financial controls and Minister/Treasurer involvement."},"complexity_factors":["Multi-tier governance with mixed appointment methods (Ministerial appointees, elected staff and students, ex officio officers) and staggered terms — creates coordination and election/appointment mechanics (ss 11, 11A, 22).","Delegation and rule‑making: council may delegate many functions, make statutes and empower subordinate rules; but retains exclusive power to make statutes (ss 17, 40–41, 42) — layering of delegated instruments increases administrative complexity.","Extensive cross-references to external laws and financial regimes: the Act modifies and incorporates parts of the Financial Management Act 1996 and the Commonwealth Higher Education Support Act for fees and definitions (s 35; dict), requiring reading across statutes and schedules.","Financial controls and oversight: borrowing subject to Treasurer limits (s 34), modified application of Financial Management Act (s 35 and schedules), and reporting/audit timelines impose accounting and compliance obligations.","Restrictions on corporate and joint-venture activity: Treasurer’s prior written approval required for significant company or joint‑venture participation and reporting/Assembly presentation obligations — introduces conditionality and timelines (Schedule 2, ss 98–99).","Disclosure and conflict rules plus enforceable duties for council members, with removal powers for breaches — adds personal legal risk and governance compliance (ss 12A, 14, 15).","Statutes are disallowable instruments requiring Executive approval and publication processes, creating external oversight of internal rules (s 42).","Information‑sharing powers: Minister or Treasurer can require non‑public financial information about university companies/joint ventures if necessary to protect Territory interests — creates confidentiality and commercial-sensitivity trade-offs (s 38)."],"plain_english_summary":"Creates the University of Canberra as a corporate body and sets its functions, powers and structure: a Council, Academic Board and senior officers; authority to teach, award qualifications, own and commercialise property, form companies and enter joint ventures; and to make internal statutes. It affects students, staff, council appointees, the Minister and Treasurer. It matters because it fixes who decides (council, Minister for appointments, Treasurer for certain financial approvals), who pays (students via fees and the university via borrowings/investments), and imposes disclosure, reporting and conduct duties."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1989 form as a Commonwealth Act establishing a new university. Key scope changes include: (1) conversion from Commonwealth to ACT legislation in 1997 following self-government; (2) removal of original transitional provisions regarding the former Canberra College of Advanced Education; (3) addition of modern governance requirements including detailed duties of council members (section 12A), gender and skills balance requirements (section 11A), and specific financial expertise mandates; (4) insertion of values and principles including reconciliation with Indigenous peoples (section 6A); (5) expansion of commercial powers and joint venture provisions; and (6) significant modifications to financial reporting requirements that differentiate the university from standard ACT government agencies. The Act has shifted from a simple establishment statute to a comprehensive corporate governance framework."},"complexity_factors":["Extensive cross-referencing to the Financial Management Act 1996, with two schedules of modifications that substitute or omit multiple sections","Multiple governance layers (Council, Academic Board, Chancellor, Vice-Chancellor) with specific appointment processes, qualifications, and removal procedures","Conditional logic for Council composition including elected vs appointed members, term limits (3 years, max 9 years), and supermajority voting requirements (2/3 majority for certain decisions)","Nested exceptions in the immunity clause (section 29A) limiting protection to honest acts","Interaction with Commonwealth higher education legislation (Higher Education Support Act 2003) for fee definitions","Disallowable instrument procedure for statutes requiring Executive approval and Legislative Assembly scrutiny","Significant amendment history showing evolution from Commonwealth to ACT legislation with multiple restructuring amendments"],"plain_english_summary":"This Act establishes and governs the **University of Canberra**, a public university in the Australian Capital Territory.\n\n**What it does:**\n- **Creates the university** as a legal body corporate (a legal entity that can own property, enter contracts, and sue or be sued) with the power to teach, research, and award degrees.\n- **Sets up the governance structure**, including:\n  - The **Council** — the main governing body responsible for managing the university. It includes the Chancellor, Vice-Chancellor, Academic Board chair, 8 members appointed by the ACT Minister, plus elected representatives from academic staff, general staff, undergraduate and postgraduate students.\n  - The **Academic Board** — responsible for academic matters like courses, degrees, and research standards.\n  - The **Chancellor** (ceremonial head), **Deputy Chancellor**, and **Vice-Chancellor** (chief executive).\n- **Defines the university's functions and values**, including teaching, research, community service, commercial activities, and a commitment to reconciliation with Aboriginal and Torres Strait Islander peoples.\n- **Provides financial and commercial powers**, allowing the university to borrow money (with Treasurer approval), invest funds, form companies, enter joint ventures, and charge fees.\n- **Allows the Council to make statutes** (internal laws) on matters like student discipline, staff employment, traffic rules on campus, and academic affairs. These statutes must be approved by the ACT Executive and are subject to disallowance by the Legislative Assembly.\n- **Modifies the Financial Management Act 1996** to apply to the university with specific adaptations, such as removing requirements for \"statements of intent\" and \"statements of performance\" that apply to other ACT government agencies.\n\n**Who it affects:**\n- Students, staff, and researchers at the University of Canberra.\n- The ACT Government (which appoints Council members and oversees finances).\n- Anyone dealing with the university commercially or academically.\n\n**Why it matters:**\nThis Act is the constitutional foundation for the University of Canberra. It balances university autonomy with public accountability, ensuring the institution can operate independently while remaining answerable to the ACT community through ministerial oversight, financial reporting, and legislative scrutiny of its statutes."},"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/university-of-canberra-act-1989","history":"/api/acts/university-of-canberra-act-1989/history","analysis":"/api/acts/university-of-canberra-act-1989/analysis","conflicts":"/api/acts/university-of-canberra-act-1989/conflicts","importantCases":"/api/acts/university-of-canberra-act-1989/important-cases","documents":"/api/acts/university-of-canberra-act-1989/documents"}}