{"id":"qld:act-1998-005","name":"University of Queensland Act 1998","slug":"university-of-queensland-act-1998","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104665,"registerId":"qld-act-1998-005-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 University of Queensland 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 senate","content":"# The university and its senate","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\nA university called ‘The University of Queensland’ 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) A university called ‘The University of Queensland’ 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 disseminate knowledge and promote scholarship; and\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; and\nto provide courses of study or instruction (at the levels of achievement the senate considers appropriate) to meet the needs of the community; and\nto confer higher education awards; 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 disseminate knowledge and promote scholarship; and\n- (b) to provide education at university standard; and\n- (c) to provide facilities for, and encourage, study and research; and\n- (d) to encourage the advancement and development of knowledge, and its application; and\n- (e) to provide courses of study or instruction (at the levels of achievement the senate considers appropriate) to meet the needs of the community; and\n- (f) to confer higher education awards; 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":"Senate establishment and general functions and powers","content":"## Senate establishment and general functions and powers","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment of senate","content":"### sec.7 Establishment of senate\n\nThere is a senate of the university.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Functions of senate","content":"### sec.8 Functions of senate\n\nThe senate is the university’s governing body.\nThe senate has the functions conferred on it under this or another Act.\n(sec.8-ssec.1) The senate is the university’s governing body.\n(sec.8-ssec.2) The senate has the functions conferred on it under this or another Act.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Powers of senate","content":"### sec.9 Powers of senate\n\nThe senate may do anything necessary or convenient to be done for, or in connection with, its functions.\nWithout limiting subsection (1) , the senate 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 senate 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 senate 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":"Senate to promote university’s interests","content":"### sec.10 Senate to promote university’s interests\n\nThe senate 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 senate may delegate its powers under this Act to—\nan appropriately qualified member of the senate; or\nan appropriately qualified committee that includes 1 or more members of the senate; or\nan appropriately qualified member of the university’s staff.\nHowever, the senate 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 93 ; 2017 No. 36 ss 63 , 130\n(sec.11-ssec.1) The senate may delegate its powers under this Act to— an appropriately qualified member of the senate; or an appropriately qualified committee that includes 1 or more members of the senate; or an appropriately qualified member of the university’s staff.\n(sec.11-ssec.2) However, the senate 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 senate; or\n- (b) an appropriately qualified committee that includes 1 or more members of the senate; 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":"Senate membership","content":"## Senate membership","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Membership of senate","content":"### sec.12 Membership of senate\n\nThe senate consists of official members, appointed members, elected members and additional members.\ns 12 sub 2005 No. 18 s 94","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Official members","content":"### sec.13 Official members\n\nThere are 3 official members.\nThe official members are—\nthe chancellor; and\nthe vice-chancellor; and\nthe president of the academic board.\ns 13 sub 2005 No. 18 s 94\n(sec.13-ssec.1) There are 3 official members.\n(sec.13-ssec.2) The official members are— the chancellor; and the vice-chancellor; and the president of the academic board.\n- (a) the chancellor; and\n- (b) the vice-chancellor; and\n- (c) the president of the academic board.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Appointed members","content":"### sec.14 Appointed members\n\nThere are 8 appointed members.\nThe Governor in Council is to appoint the appointed members.\ns 14 amd 2005 No. 18 s 95\n(sec.14-ssec.1) There are 8 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 8 elected members.\nThe elected members are—\n1 member of the academic board; and\n1 member of the university’s full-time or part-time academic staff; and\n1 member of the university’s full-time or part-time general staff; and\n1 undergraduate student; and\n1 postgraduate student; and\n3 graduates of the university, other than persons eligible for membership under paragraph (a) , (b) , (c) (d) or (e).\nEach elected member is to be elected at a senate election.\ns 15 amd 2002 No. 75 s 64 ; 2005 No. 18 s 96 ; 2017 No. 36 s 131\n(sec.15-ssec.1) There are 8 elected members.\n(sec.15-ssec.2) The elected members are— 1 member of the academic board; and 1 member of the university’s full-time or part-time academic staff; and 1 member of the university’s full-time or part-time general staff; and 1 undergraduate student; and 1 postgraduate student; and 3 graduates of the university, other than persons eligible for membership under paragraph (a) , (b) , (c) (d) or (e).\n(sec.15-ssec.3) Each elected member is to be elected at a senate election.\n- (a) 1 member of the academic board; and\n- (b) 1 member of the university’s full-time or part-time academic staff; and\n- (c) 1 member of the university’s full-time or part-time general staff; and\n- (d) 1 undergraduate student; and\n- (e) 1 postgraduate student; and\n- (f) 3 graduates of the university, other than persons eligible for membership under paragraph (a) , (b) , (c) (d) or (e).","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Additional members","content":"### sec.16 Additional members\n\nThere are 3 additional members.\nThe senate must appoint the additional members.\nAn additional member must not be a student or a member of the university’s academic staff or general staff.\ns 16 sub 2005 No. 18 s 97\n(sec.16-ssec.1) There are 3 additional members.\n(sec.16-ssec.2) The senate must appoint the additional members.\n(sec.16-ssec.3) An additional member must not be a student or a member of the university’s academic staff or general staff.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"When senate is taken to be properly constituted","content":"### sec.17 When senate is taken to be properly constituted\n\nThe senate is taken to be properly constituted when it has 13 or more members, whether they be additional, appointed, elected or official members.\ns 17 amd 2005 No. 18 s 98","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 99","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) , (b) , (c) or (f) holds office for 4 years.\nAn elected member mentioned in section 15 (2) (d) or (e) 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 100\n(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) , (b) , (c) or (f) holds office for 4 years.\n(sec.19-ssec.2) An elected member mentioned in section 15 (2) (d) or (e) 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 senate.\ns 20 sub 2005 No. 18 s 101","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 senate election, the senate must appoint to the office the one person, if any, who—\nwas a candidate for the office in the senate 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 senate election; or\nno-one is eligible for appointment under subsection (2) .\nThe senate must appoint to the office a person who—\nis eligible, under this Act, to be a member; and\nis an eligible person for the class of elected members of which the elected member was a member; and\notherwise meets any nomination requirements under the election policy for that class of elected members.\nA person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a senate election.\ns 20A ins 2002 No. 75 s 65\namd 2017 No. 36 s 132\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 senate election, the senate must appoint to the office the one person, if any, who— was a candidate for the office in the senate 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 senate election; or no-one is eligible for appointment under subsection (2) .\n(sec.20A-ssec.4) The senate must appoint to the office a person who— is eligible, under this Act, to be a member; and is an eligible person for the class of elected members of which the elected member was a member; and otherwise meets any nomination requirements under the election policy for that class of elected members.\n(sec.20A-ssec.5) A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a senate election.\n- (a) was a candidate for the office in the senate 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 senate election; or\n- (b) no-one is eligible for appointment under subsection (2) .\n- (a) is eligible, under this Act, to be a member; and\n- (b) is an eligible person for the class of elected members of which the elected member was a member; and\n- (c) otherwise meets any nomination requirements under the election policy for that class of elected members.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Failure to elect elected members","content":"### sec.21 Failure to elect elected members\n\nThis section applies if, by the end of the relevant day—\na person is not elected for a class of elected members mentioned in section 15 (2) (a) to (e) (each a relevant class ); or\ninsufficient persons are elected for a class of elected members mentioned in section 15 (2) (f) (also 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 senate 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 senate election for the relevant class.\nIn this section—\nrelevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a senate election for an elected member of the relevant class.\ns 21 amd 2002 No. 75 s 66 ; 2005 No. 18 s 165 sch\nsub 2017 No. 36 s 133\n(sec.21-ssec.1) This section applies if, by the end of the relevant day— a person is not elected for a class of elected members mentioned in section 15 (2) (a) to (e) (each a relevant class ); or insufficient persons are elected for a class of elected members mentioned in section 15 (2) (f) (also 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 senate 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 senate election for the relevant class.\n(sec.21-ssec.5) In this section— relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a senate election for an elected member of the relevant class.\n- (a) a person is not elected for a class of elected members mentioned in section 15 (2) (a) to (e) (each a relevant class ); or\n- (b) insufficient persons are elected for a class of elected members mentioned in section 15 (2) (f) (also a relevant class ) to comply with section 15 (2) .","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 senate","content":"### sec.23 Ineligibility for membership of senate\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 102\namd 2017 No. 36 s 64\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 (f) —\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) (e) ceases to be a postgraduate student.\nfor an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or\nthe member is absent without the senate’s leave and without reasonable excuse from every meeting of the senate 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 56D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .\nSubsection (1) (i) is subject to sections 25 and 26 .\nA resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.\ns 24 amd 2005 No. 18 s 103 ; 2017 No. 36 ss 65 , 134\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 (f) — 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) (e) ceases to be a postgraduate student. for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or the member is absent without the senate’s leave and without reasonable excuse from every meeting of the senate 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 56D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .\n(sec.24-ssec.2) Subsection (1) (i) is subject to sections 25 and 26 .\n(sec.24-ssec.3) A resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.\n- (a) the member dies; or\n- (b) for an elected member of a class mentioned in section 15 (2) (a) to (f) — (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) (e) ceases to be a postgraduate student.\n- (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or\n- (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (e) ceases to be a postgraduate student.\n- (c) for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or\n- (d) the member is absent without the senate’s leave and without reasonable excuse from every meeting of the senate 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) (e) ceases to be a postgraduate student.\n- (i) if the member is an appointed member—given to the Minister; or\n- (ii) if the member is an elected or additional member—given to the vice-chancellor; or","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Discretion where appointed member convicted of indictable offence","content":"### sec.25 Discretion where appointed member convicted of indictable offence\n\nIf the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may—\nif the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or\notherwise—give written approval for the person to become an appointed member despite the conviction.\nOn the day the chancellor receives a notice under subsection (1) (a) —\nthe person is restored as an appointed member; and\nif another person has been appointed to fill the vacancy—the other person’s appointment ends.\nIf a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\ns 25 amd 2005 No. 18 s 165 sch ; 2017 No. 36 s 165 s ch 1 pt 2\n(sec.25-ssec.1) If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may— if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or otherwise—give written approval for the person to become an appointed member despite the conviction.\n(sec.25-ssec.2) On the day the chancellor receives a notice under subsection (1) (a) — the person is restored as an appointed member; and if another person has been appointed to fill the vacancy—the other person’s appointment ends.\n(sec.25-ssec.3) If a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.\n- (a) if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or\n- (b) otherwise—give written approval for the person to become an appointed member despite the conviction.\n- (a) the person is restored as an appointed member; and\n- (b) if another person has been appointed to fill the vacancy—the other person’s appointment ends.","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Discretion where elected or additional member convicted of indictable offence","content":"### sec.26 Discretion where elected or additional member convicted of indictable offence\n\nIf the senate 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 senate 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 senate 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 senate 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 senate 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 senate 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 senate ends.","sortOrder":31},{"sectionNumber":"pt.2-div.3A","sectionType":"division","heading":"Senate elections","content":"## Senate elections","sortOrder":32},{"sectionNumber":"sec.26AA","sectionType":"section","heading":"Election policy","content":"### sec.26AA Election policy\n\nThe senate must—\nmake a policy (an election policy ) about the conduct of elections required under section 15 ; and\npublish the election policy on the university’s website.\nThe election policy must include—\nprovisions to ensure the integrity and security of the voting system; and\nwithout limiting paragraph (a) , provisions to ensure—\nonly persons who are eligible to vote may vote; and\na person can not vote more than once in an election; and\nvoting is done by secret ballot; and\na person is not improperly influenced in voting; and\nprovisions stating the procedure for voting, including the procedure for issuing ballots; and\nprovisions about—\nnotifying the period during which an election is to be held; and\nnominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\npublishing the results of an election, including the day by which the results must be published; and\nmaking and resolving complaints.\nAlso, the election policy may include provisions stating requirements for—\neligibility to be nominated as a candidate for a particular class of elected members; and\neligibility to vote, including eligibility to vote for a particular class of elected members.\nThe election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.\ns 26AA ins 2017 No. 36 s 135\n(sec.26AA-ssec.1) The senate must— make a policy (an election policy ) about the conduct of elections required under section 15 ; and publish the election policy on the university’s website.\n(sec.26AA-ssec.2) The election policy must include— provisions to ensure the integrity and security of the voting system; and without limiting paragraph (a) , provisions to ensure— only persons who are eligible to vote may vote; and a person can not vote more than once in an election; and voting is done by secret ballot; and a person is not improperly influenced in voting; and provisions stating the procedure for voting, including the procedure for issuing ballots; and provisions about— notifying the period during which an election is to be held; and nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and publishing the results of an election, including the day by which the results must be published; and making and resolving complaints.\n(sec.26AA-ssec.3) Also, the election policy may include provisions stating requirements for— eligibility to be nominated as a candidate for a particular class of elected members; and eligibility to vote, including eligibility to vote for a particular class of elected members.\n(sec.26AA-ssec.4) The election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.\n- (a) make a policy (an election policy ) about the conduct of elections required under section 15 ; and\n- (b) publish the election policy on the university’s website.\n- (a) provisions to ensure the integrity and security of the voting system; and\n- (b) without limiting paragraph (a) , provisions to ensure— (i) only persons who are eligible to vote may vote; and (ii) a person can not vote more than once in an election; and (iii) voting is done by secret ballot; and (iv) a person is not improperly influenced in voting; and\n- (i) only persons who are eligible to vote may vote; and\n- (ii) a person can not vote more than once in an election; and\n- (iii) voting is done by secret ballot; and\n- (iv) a person is not improperly influenced in voting; and\n- (c) provisions stating the procedure for voting, including the procedure for issuing ballots; and\n- (d) provisions about— (i) notifying the period during which an election is to be held; and (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and (iii) publishing the results of an election, including the day by which the results must be published; and (iv) making and resolving complaints.\n- (i) notifying the period during which an election is to be held; and\n- (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\n- (iii) publishing the results of an election, including the day by which the results must be published; and\n- (iv) making and resolving complaints.\n- (i) only persons who are eligible to vote may vote; and\n- (ii) a person can not vote more than once in an election; and\n- (iii) voting is done by secret ballot; and\n- (iv) a person is not improperly influenced in voting; and\n- (i) notifying the period during which an election is to be held; and\n- (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and\n- (iii) publishing the results of an election, including the day by which the results must be published; and\n- (iv) making and resolving complaints.\n- (a) eligibility to be nominated as a candidate for a particular class of elected members; and\n- (b) eligibility to vote, including eligibility to vote for a particular class of elected members.","sortOrder":33},{"sectionNumber":"sec.26AB","sectionType":"section","heading":"Conduct of election","content":"### sec.26AB Conduct of election\n\nAn election required under section 15 must be held under the election policy.\ns 26AB ins 2017 No. 36 s 135","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 (f) 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 135\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 senate 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 senate 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 104\n(sec.26A-ssec.1) A member has the function of ensuring the senate 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 senate 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 senate 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":"Senate may remove member from office","content":"### sec.26B Senate may remove member from office\n\nThe senate may remove an elected, appointed or additional member from office if at least 15 members are satisfied the member has not complied with—\nsection 26A (2) ; or\na conduct obligation.\nIf the senate decides to remove a member from office under subsection (1) , the senate 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 senate 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 senate’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 104\n(sec.26B-ssec.1) The senate may remove an elected, appointed or additional member from office if at least 15 members are satisfied the member has not complied with— section 26A (2) ; or a conduct obligation.\n(sec.26B-ssec.2) If the senate decides to remove a member from office under subsection (1) , the senate 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 senate 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 senate’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 senate, 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 senate 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 104\n(sec.26C-ssec.1) The Minister may, by notice given to the senate, 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 senate 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 senate 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 senate","content":"## Meetings of the senate","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 senate.\nHowever, if the chancellor and deputy chancellor are both absent from a meeting of the senate 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 senate.\n(sec.27-ssec.2) However, if the chancellor and deputy chancellor are both absent from a meeting of the senate 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 senate 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 senate 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 senate must elect a chancellor whenever there is a vacancy in the office.\nThe person elected need not be a member.\nThe person elected must not be a student or a member of the university’s academic staff or general staff.\nThe chancellor holds office for the term, not longer than 5 years, fixed by the senate.\ns 30 sub 2005 No. 18 s 105\n(sec.30-ssec.1) There is a chancellor of the university.\n(sec.30-ssec.2) The senate must elect a chancellor whenever there is a vacancy in the office.\n(sec.30-ssec.3) The person elected need not be a member.\n(sec.30-ssec.4) The person elected must not be a student or a member of the university’s academic staff or general staff.\n(sec.30-ssec.5) The chancellor holds office for the term, not longer than 5 years, fixed by the senate.","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 senate must elect a member as deputy chancellor whenever there is a vacancy in the office.\nThe deputy chancellor holds office for the term, not longer than 4 years, fixed by the senate.\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 106 ; 2017 No. 36 s 66\n(sec.31-ssec.1) There is a deputy chancellor of the university.\n(sec.31-ssec.2) The senate must elect a member as deputy chancellor whenever there is a vacancy in the office.\n(sec.31-ssec.3) The deputy chancellor holds office for the term, not longer than 4 years, fixed by the senate.\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 senate must appoint a vice-chancellor whenever there is a vacancy in the office.\nThe terms of appointment are as decided by the senate.\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 senate.\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 senate.\ns 32 amd 2017 No. 36 s 67\n(sec.32-ssec.1) There is a vice-chancellor of the university.\n(sec.32-ssec.2) The senate 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 senate.\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 senate.\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 senate.","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":null,"content":"","sortOrder":50},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2005 No. 18 s 107","sortOrder":51},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 2017 No. 36 s 136","sortOrder":52},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Academic board","content":"## Academic board","sortOrder":53},{"sectionNumber":"sec.35","sectionType":"section","heading":"Establishment of academic board","content":"### sec.35 Establishment of academic board\n\nThe senate may establish an academic board of the university.\nThe senate must determine the membership of the academic board.\nThe academic board must—\nadvise the senate about teaching, scholarship and research matters concerning the university; and\nformulate proposals for the academic policies of the university; and\nmonitor the academic activities of the university’s faculties; and\npromote and encourage scholarship and research at the university.\n(sec.35-ssec.1) The senate may establish an academic board of the university.\n(sec.35-ssec.2) The senate must determine the membership of the academic board.\n(sec.35-ssec.3) The academic board must— advise the senate about teaching, scholarship and research matters concerning the university; and formulate proposals for the academic policies of the university; and monitor the academic activities of the university’s faculties; and promote and encourage scholarship and research at the university.\n- (a) advise the senate about teaching, scholarship and research matters concerning the university; and\n- (b) formulate proposals for the academic policies of the university; and\n- (c) monitor the academic activities of the university’s faculties; and\n- (d) promote and encourage scholarship and research at the university.","sortOrder":54},{"sectionNumber":"sec.35A","sectionType":"section","heading":"President of academic board","content":"### sec.35A President of academic board\n\nThere is to be a president of the academic board.\nThe senate must decide who is the president.\nThe president holds office for the term, not longer than 3 years, decided by the senate.\ns 35A (prev s 35AA) ins 2005 No. 18 s 108\nrenum 2005 No. 18 s 165 sch\namd 2017 No. 36 s 68\n(sec.35A-ssec.1) There is to be a president of the academic board.\n(sec.35A-ssec.2) The senate must decide who is the president.\n(sec.35A-ssec.3) The president holds office for the term, not longer than 3 years, decided by the senate.","sortOrder":55},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Application of Corporations legislation to bodies","content":"## Application of Corporations legislation to bodies","sortOrder":56},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Excluded matters for Corporations legislation","content":"### sec.35B Excluded matters for Corporations legislation\n\nThe academic board 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.\ns 35B (prev s 35A) ins 2001 No. 45 s 29 sch 3\namd 2005 No. 18 s 109\nrenum 2005 No. 18 s 165 sch\nsub 2017 No. 36 s 137","sortOrder":57},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president","content":"# Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president","sortOrder":58},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Disqualification from office","content":"### sec.35C Disqualification from office\n\nA person can not become, or continue as, the chancellor, vice-chancellor or president 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 56D for the requirement to disclose the disqualification or conviction.\nIf the senate 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 senate may—\nif the person was the chancellor, vice-chancellor or president when convicted—give notice to the person that the person—\nis restored as the chancellor, vice-chancellor or president; 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 president 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 president; 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 president under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or president ends when it would have ended if the person had not been convicted of the offence.\ns 35C ins 2005 No. 18 s 110\namd 2017 No. 36 s 69\n(sec.35C-ssec.1) A person can not become, or continue as, the chancellor, vice-chancellor or president 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 56D for the requirement to disclose the disqualification or conviction.\n(sec.35C-ssec.2) If the senate 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 senate may— if the person was the chancellor, vice-chancellor or president when convicted—give notice to the person that the person— is restored as the chancellor, vice-chancellor or president; 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 president despite the conviction.\n(sec.35C-ssec.3) On the day the person receives a notice under subsection (2) (a) — the person is restored as the chancellor, vice-chancellor or president; and if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.\n(sec.35C-ssec.4) If a person is restored as the chancellor, vice-chancellor or president under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or president 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 president when convicted—give notice to the person that the person— (i) is restored as the chancellor, vice-chancellor or president; and (ii) may be later re-elected or reappointed, despite the conviction; or\n- (i) is restored as the chancellor, vice-chancellor or president; 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 president despite the conviction.\n- (i) is restored as the chancellor, vice-chancellor or president; 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 president; and\n- (b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.","sortOrder":59},{"sectionNumber":"sec.35D","sectionType":"section","heading":"Senate may remove chancellor, vice-chancellor or president from office","content":"### sec.35D Senate may remove chancellor, vice-chancellor or president from office\n\nThe senate may remove the chancellor, vice-chancellor or president from office if at least 15 members are satisfied the chancellor, vice-chancellor or president has not complied with—\nsection 26A (2) ; or\na conduct obligation.\nIf the senate decides to remove the chancellor, vice-chancellor or president from office under subsection (1) , the senate must as soon as practicable give the chancellor, vice-chancellor or president notice of the decision and the reasons for it.\nThe chancellor’s, vice-chancellor’s or president’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 35D ins 2005 No. 18 s 110\n(sec.35D-ssec.1) The senate may remove the chancellor, vice-chancellor or president from office if at least 15 members are satisfied the chancellor, vice-chancellor or president has not complied with— section 26A (2) ; or a conduct obligation.\n(sec.35D-ssec.2) If the senate decides to remove the chancellor, vice-chancellor or president from office under subsection (1) , the senate must as soon as practicable give the chancellor, vice-chancellor or president notice of the decision and the reasons for it.\n(sec.35D-ssec.3) The chancellor’s, vice-chancellor’s or president’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":60},{"sectionNumber":"sec.35E","sectionType":"section","heading":"Particular matters about removal of vice-chancellor","content":"### sec.35E Particular matters about removal of vice-chancellor\n\nThe senate may remove the vice-chancellor from office under section 35D despite the vice-chancellor’s terms of appointment.\nIf the senate removes the vice-chancellor from office under section 35D —\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 35E ins 2005 No. 18 s 110\n(sec.35E-ssec.1) The senate may remove the vice-chancellor from office under section 35D despite the vice-chancellor’s terms of appointment.\n(sec.35E-ssec.2) If the senate removes the vice-chancellor from office under section 35D — 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":61},{"sectionNumber":"sec.35F","sectionType":"section","heading":"Vacation of office","content":"### sec.35F Vacation of office\n\nThe office of the chancellor, vice-chancellor or president becomes vacant if he or she—\ncan not continue as the chancellor, vice-chancellor or president under section 35C ; or\nis removed from office under section 35D .\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 35F ins 2005 No. 18 s 110\n(sec.35F-ssec.1) The office of the chancellor, vice-chancellor or president becomes vacant if he or she— can not continue as the chancellor, vice-chancellor or president under section 35C ; or is removed from office under section 35D .\n(sec.35F-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 president under section 35C ; or\n- (b) is removed from office under section 35D .","sortOrder":62},{"sectionNumber":"pt.5","sectionType":"part","heading":"Property and finance","content":"# Property and finance","sortOrder":63},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Property held on trust or conditions","content":"## Property held on trust or conditions","sortOrder":64},{"sectionNumber":"sec.36","sectionType":"section","heading":"Definition for div 1","content":"### sec.36 Definition for div 1\n\nIn this division—\nproperty includes income from property and a part or residue of the property.","sortOrder":65},{"sectionNumber":"sec.37","sectionType":"section","heading":"Amendment of terms of trusts and gifts","content":"### sec.37 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 senate 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 senate 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.37-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 senate 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.37-ssec.2) The senate may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).\n(sec.37-ssec.3) The scheme must be in writing.\n(sec.37-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 senate 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":66},{"sectionNumber":"sec.38","sectionType":"section","heading":"Selection of designated purpose","content":"### sec.38 Selection of designated purpose\n\nIn selecting the designated purpose, the senate 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.38-ssec.1) In selecting the designated purpose, the senate 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.38-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":67},{"sectionNumber":"sec.39","sectionType":"section","heading":"Property to be held for designated purpose","content":"### sec.39 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":68},{"sectionNumber":"sec.40","sectionType":"section","heading":"Certain persons to be given notice of scheme","content":"### sec.40 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":69},{"sectionNumber":"sec.41","sectionType":"section","heading":"Amendment of scheme","content":"### sec.41 Amendment of scheme\n\nThe senate may amend the scheme.\nSections 37 to 40 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.41-ssec.1) The senate may amend the scheme.\n(sec.41-ssec.2) Sections 37 to 40 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":70},{"sectionNumber":"sec.42","sectionType":"section","heading":"University’s powers under other laws not limited","content":"### sec.42 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":71},{"sectionNumber":"sec.43","sectionType":"section","heading":"University may carry out conditions of gift etc.","content":"### sec.43 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":72},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Dealing with State land by senate","content":"## Dealing with State land by senate","sortOrder":73},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application of Land Act 1994","content":"### sec.44 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‘university’; or\n‘university and 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 44 amd 2011 No. 39 s 38 ; 2024 No. 12 s 131 s ch 1 pt 1\n(sec.44-ssec.1) State land is held and may be disposed of under the Land Act 1994 .\n(sec.44-ssec.2) However, the university may grant an interest in State land only by way of lease.\n(sec.44-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.44-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— ‘university’; or ‘university and college’.\n(sec.44-ssec.5) The purpose is taken to include anything that is consistent with the university’s functions under section 5 .\n(sec.44-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.44-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) ‘university’; or\n- (b) ‘university and college’.","sortOrder":74},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Finance","content":"## Finance","sortOrder":75},{"sectionNumber":"sec.45","sectionType":"section","heading":"University is statutory body under the Financial Accountability Act 2009","content":"### sec.45 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 45 amd 2009 No. 9 s 136 sch 1","sortOrder":76},{"sectionNumber":"sec.46","sectionType":"section","heading":"University is statutory body under the Statutory Bodies Financial Arrangements Act 1982","content":"### sec.46 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.46-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.\n(sec.46-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":77},{"sectionNumber":"sec.47","sectionType":"section","heading":"Trust funds","content":"### sec.47 Trust funds\n\nThe university may establish or administer trust funds.","sortOrder":78},{"sectionNumber":"sec.48","sectionType":"section","heading":"Investment common fund","content":"### sec.48 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.48-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.48-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.48-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.48-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.48-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":79},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application of revenue","content":"### sec.49 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.49-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.49-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":80},{"sectionNumber":"sec.50","sectionType":"section","heading":"Financial review","content":"### sec.50 Financial review\n\nThe senate must, in each year, adopt a budget for the university for the next year.\nIn framing the budget the senate need not take account of amounts mentioned in subsection (4) .\nThe senate must control its spending as nearly as possible within the limits of the approved budget.\nThe senate 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.50-ssec.1) The senate must, in each year, adopt a budget for the university for the next year.\n(sec.50-ssec.2) In framing the budget the senate need not take account of amounts mentioned in subsection (4) .\n(sec.50-ssec.3) The senate must control its spending as nearly as possible within the limits of the approved budget.\n(sec.50-ssec.4) The senate 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":81},{"sectionNumber":"sec.51","sectionType":"section","heading":"University’s financial year","content":"### sec.51 University’s financial year\n\nThe university’s financial year is a calendar year.","sortOrder":82},{"sectionNumber":"pt.6","sectionType":"part","heading":null,"content":"","sortOrder":83},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 amd 2002 No. 75 s 74 sch ; 2005 No. 18 s 111 ; 2017 No. 36 s 70\nom 2017 No. 36 s 138","sortOrder":84},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2017 No. 36 s 138","sortOrder":85},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 om 2017 No. 36 s 138","sortOrder":86},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":87},{"sectionNumber":"sec.55","sectionType":"section","heading":"Forming and taking part in corporations","content":"### sec.55 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 senate 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 55 amd 2001 No. 45 s 29 sch s 2 – 3 ; 2005 No. 18 s 112\n(sec.55-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 senate considers is appropriate in the circumstances.\n(sec.55-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.55-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 senate considers is appropriate in the circumstances.","sortOrder":88},{"sectionNumber":"sec.56","sectionType":"section","heading":"Use of facilities and staff","content":"### sec.56 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":89},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Protection from liability","content":"### sec.56A 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 56A ins 2005 No. 18 s 113\n(sec.56A-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.56A-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.","sortOrder":90},{"sectionNumber":"sec.56B","sectionType":"section","heading":"Report about person’s criminal history","content":"### sec.56B 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 president, or an elected or additional member, the senate 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 senate may make a request about a person under subsection (1) or (2) only if the person has given the Minister or senate 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 senate must ensure that a report given to the Minister or senate 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 56B ins 2005 No. 18 s 113\n(sec.56B-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.56B-ssec.2) To decide whether a person is eligible to be the chancellor, vice-chancellor or president, or an elected or additional member, the senate 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.56B-ssec.3) The commissioner of the police service must comply with a request under subsection (1) or (2) .\n(sec.56B-ssec.4) However, the Minister or senate may make a request about a person under subsection (1) or (2) only if the person has given the Minister or senate written consent for the request.\n(sec.56B-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.56B-ssec.6) The Minister or senate must ensure that a report given to the Minister or senate 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.56B-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":91},{"sectionNumber":"sec.56C","sectionType":"section","heading":"Delegation by Minister","content":"### sec.56C Delegation by Minister\n\nThe Minister may delegate the Minister’s power under section 56B (1) to an appropriately qualified officer of the department.\ns 56C ins 2005 No. 18 s 113","sortOrder":92},{"sectionNumber":"sec.56D","sectionType":"section","heading":"Requirement to disclose particular matters","content":"### sec.56D 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 35C (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 56D ins 2017 No. 36 s 71\namd 2017 No. 36 s 165 s ch 1 pt 2\n(sec.56D-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 35C (1) (b) .\n(sec.56D-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.56D-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.56D-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 35C (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":93},{"sectionNumber":"sec.56E","sectionType":"section","heading":"Restrictions on disclosing protected information","content":"### sec.56E 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 senate 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 senate’s functions—\nthe senate;\na committee of the senate;\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 56B ; or\na notice, or information contained in a notice, given under section 56D .\ns 56E ins 2017 No. 36 s 71\n(sec.56E-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 senate or a member to perform a function under this Act, including by providing administrative or other support.\n(sec.56E-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.56E-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.56E-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 senate’s functions— the senate; a committee of the senate; a member; another person.\n(sec.56E-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 56B ; or a notice, or information contained in a notice, given under section 56D .\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 senate 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 senate;\n- (b) a committee of the senate;\n- (c) a member;\n- (d) another person.\n- (a) a report, or information contained in a report, given under section 56B ; or\n- (b) a notice, or information contained in a notice, given under section 56D .","sortOrder":94},{"sectionNumber":"sec.57","sectionType":"section","heading":"Control of traffic and conduct on university land","content":"### sec.57 Control of traffic and conduct on university land\n\nSchedule 1 has effect.","sortOrder":95},{"sectionNumber":"sec.58","sectionType":"section","heading":"Regulation-making power","content":"### sec.58 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":96},{"sectionNumber":"sec.59","sectionType":"section","heading":"Repealed Act references","content":"### sec.59 Repealed Act references\n\nIn an Act or document, a reference to the University of Queensland Act 1965 may, if the context permits, be taken to be a reference to this Act.","sortOrder":97},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":98},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Transitional provision for continuing in office particular members holding office in 2004","content":"## Transitional provision for continuing in office particular members holding office in 2004","sortOrder":99},{"sectionNumber":"sec.60","sectionType":"section","heading":"Continuation of particular members","content":"### sec.60 Continuation of particular members\n\nThis section applies to a person who was an appointed, elected or additional member immediately before the commencement of the section.\nDespite sections 18, 19(1) and 20, the person continues as an appointed, elected or additional member until—\n1 January 2006; or\nthe person’s office sooner becomes vacant.\ns 60 prev s 60 exp 2 July 1999 (see s 72)\npres s 60 ins 2004 No. 44 s 38\n(sec.60-ssec.1) This section applies to a person who was an appointed, elected or additional member immediately before the commencement of the section.\n(sec.60-ssec.2) Despite sections 18, 19(1) and 20, the person continues as an appointed, elected or additional member until— 1 January 2006; or the person’s office sooner becomes vacant.\n- (a) 1 January 2006; or\n- (b) the person’s office sooner becomes vacant.","sortOrder":100},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions for the University Legislation Amendment Act 2005","content":"## Transitional provisions for the University Legislation Amendment Act 2005","sortOrder":101},{"sectionNumber":"sec.61","sectionType":"section","heading":"Definitions for div 2","content":"### sec.61 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of the provision in which the term is used.\nnew additional members see section 67.\nnew appointed members see section 63(2).\npre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act 2005 , part 6.\ns 61 prev s 61 exp 2 July 1999 (see s 72)\npres s 61 ins 2005 No. 18 s 114","sortOrder":102},{"sectionNumber":"sec.62","sectionType":"section","heading":"Continuation of official members","content":"### sec.62 Continuation of official members\n\nDespite section 13, a person who was an official member under section 13(2)(b), (d), (e), (f) or (g) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start.\ns 62 prev s 62 exp 2 July 1999 (see s 72)\npres s 62 ins 2005 No. 18 s 114","sortOrder":103},{"sectionNumber":"sec.63","sectionType":"section","heading":"Appointment of new appointed members","content":"### sec.63 Appointment of new appointed members\n\nThe Minister must, within 1 year after the commencement, recommend to the Governor in Council 8 persons for appointment, under section 14(2), as appointed members.\nThe Governor in Council may appoint the persons as appointed members (the new appointed members ).\ns 63 prev s 63 exp 2 July 1999 (see s 72)\npres s 63 ins 2005 No. 18 s 114\n(sec.63-ssec.1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 8 persons for appointment, under section 14(2), as appointed members.\n(sec.63-ssec.2) The Governor in Council may appoint the persons as appointed members (the new appointed members ).","sortOrder":104},{"sectionNumber":"sec.64","sectionType":"section","heading":"Continuation of appointed members","content":"### sec.64 Continuation of appointed members\n\nThis section applies to a person who was an appointed member immediately before the commencement.\nDespite sections 14(1) and 60(2), the person continues as an appointed member until—\nthe new appointed members’ terms of office start; or\nthe person’s office sooner becomes vacant.\ns 64 prev s 64 exp 2 July 1999 (see s 72)\npres s 64 ins 2005 No. 18 s 114\n(sec.64-ssec.1) This section applies to a person who was an appointed member immediately before the commencement.\n(sec.64-ssec.2) Despite sections 14(1) and 60(2), the person continues as an appointed member until— the new appointed members’ terms of office start; or the person’s office sooner becomes vacant.\n- (a) the new appointed members’ terms of office start; or\n- (b) the person’s office sooner becomes vacant.","sortOrder":105},{"sectionNumber":"sec.65","sectionType":"section","heading":"Continuation of elected members","content":"### sec.65 Continuation of elected members\n\nDespite section 15(1) and (2), a person who was an elected member immediately before the commencement continues as an elected member until—\nthe person’s term of office ends under section 66; or\nthe person’s office sooner becomes vacant.\ns 65 prev s 65 exp 2 July 1999 (see s 72)\npres s 65 ins 2005 No. 18 s 114\n- (a) the person’s term of office ends under section 66; or\n- (b) the person’s office sooner becomes vacant.","sortOrder":106},{"sectionNumber":"sec.66","sectionType":"section","heading":"Ballot, and term of office, for elected members","content":"### sec.66 Ballot, and term of office, for elected members\n\nAt least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.\nSubsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.\nThe person’s term of office ends when the elected member who is the member’s successor is elected under the ballot.\nSubsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act.\nThe person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.\nSubsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.\nThe person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.\nSubsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.\nThe person’s term of office ends when the elected member mentioned in section 15(2)(d) of the post-amended Act is elected under the ballot.\nSubsection (11) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(e) of the pre-amended Act.\nThe person’s term of office ends when the elected members mentioned in section 15(2)(f) of the post-amended Act are elected under the ballot.\nA person is taken to be elected under the ballot when the new appointed members’ terms of office start.\nDespite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.\nSubsections (3), (5), (7), (9) and (11) apply despite sections 19(1) and (2) and 60(2).\nIn this section—\npost-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 6.\ns 66 prev s 66 exp 2 July 1999 (see s 72)\npres s 66 ins 2005 No. 18 s 114\n(sec.66-ssec.1) At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.\n(sec.66-ssec.2) Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.\n(sec.66-ssec.3) The person’s term of office ends when the elected member who is the member’s successor is elected under the ballot.\n(sec.66-ssec.4) Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act.\n(sec.66-ssec.5) The person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.\n(sec.66-ssec.6) Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.\n(sec.66-ssec.7) The person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.\n(sec.66-ssec.8) Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.\n(sec.66-ssec.9) The person’s term of office ends when the elected member mentioned in section 15(2)(d) of the post-amended Act is elected under the ballot.\n(sec.66-ssec.10) Subsection (11) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(e) of the pre-amended Act.\n(sec.66-ssec.11) The person’s term of office ends when the elected members mentioned in section 15(2)(f) of the post-amended Act are elected under the ballot.\n(sec.66-ssec.12) A person is taken to be elected under the ballot when the new appointed members’ terms of office start.\n(sec.66-ssec.13) Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.\n(sec.66-ssec.14) Subsections (3), (5), (7), (9) and (11) apply despite sections 19(1) and (2) and 60(2).\n(sec.66-ssec.15) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 6.","sortOrder":107},{"sectionNumber":"sec.67","sectionType":"section","heading":"Appointment of new additional members","content":"### sec.67 Appointment of new additional members\n\nThe senate must, within 1 year after the commencement, appoint 3 persons as additional members (the new additional members ) under section 16.\ns 67 prev s 67 exp 31 December 1998 (see s 67(5))\npres s 67 ins 2005 No. 18 s 114","sortOrder":108},{"sectionNumber":"sec.68","sectionType":"section","heading":"Continuation of additional members","content":"### sec.68 Continuation of additional members\n\nThis section applies to a person who was an additional member immediately before the commencement.\nDespite section 60(2), the person continues as an additional member until—\nthe new additional members’ terms of office start; or\nthe person’s office sooner becomes vacant.\ns 68 prev s 68 exp 2 July 1999 (see s 72)\npres s 68 ins 2005 No. 18 s 114\n(sec.68-ssec.1) This section applies to a person who was an additional member immediately before the commencement.\n(sec.68-ssec.2) Despite section 60(2), the person continues as an additional member until— the new additional members’ terms of office start; or the person’s office sooner becomes vacant.\n- (a) the new additional members’ terms of office start; or\n- (b) the person’s office sooner becomes vacant.","sortOrder":109},{"sectionNumber":"sec.69","sectionType":"section","heading":"Senate need not include additional members","content":"### sec.69 Senate need not include additional members\n\nDespite section 12, the senate need not include additional members before the new additional members’ terms of office start.\ns 69 prev s 69 exp 2 July 1999 (see s 72)\npres s 69 ins 2005 No. 18 s 114","sortOrder":110},{"sectionNumber":"sec.70","sectionType":"section","heading":"Dealing with casual vacancy in office of elected member","content":"### sec.70 Dealing with casual vacancy in office of elected member\n\nThis section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 66(1) is conducted.\nFor appointing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 6, had not commenced.\ns 70 prev s 70 exp 2 July 1999 (see s 72)\npres s 70 ins 2005 No. 18 s 114\n(sec.70-ssec.1) This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 66(1) is conducted.\n(sec.70-ssec.2) For appointing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 6, had not commenced.","sortOrder":111},{"sectionNumber":"sec.71","sectionType":"section","heading":"Constitution of senate","content":"### sec.71 Constitution of senate\n\nThis section applies until the new appointed members’ terms of office start.\nDespite section 17, the senate is taken to be properly constituted when it has 20 or more members, whether they be additional, appointed, elected or official members.\ns 71 prev s 71 exp 2 July 1999 (see s 72)\npres s 71 ins 2005 No. 18 s 114\n(sec.71-ssec.1) This section applies until the new appointed members’ terms of office start.\n(sec.71-ssec.2) Despite section 17, the senate is taken to be properly constituted when it has 20 or more members, whether they be additional, appointed, elected or official members.","sortOrder":112},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Expiry of statutes","content":"## Expiry of statutes","sortOrder":113},{"sectionNumber":"sec.72","sectionType":"section","heading":"Expiry of statutes","content":"### sec.72 Expiry of statutes\n\nThis section applies to the following statutes—\nUniversity of Queensland Statute No. 5 (Awards) 1999\nUniversity of Queensland Statute No. 6 (Fees) 1999\nDespite the Statutory Instruments Act 1992 , section 54, each statute—\nis taken not to have expired on 1 September 2009; and\nexpires on 1 September 2010 unless it is repealed before that day.\ns 72 prev s 72 exp 2 July 1999 (see s 72)\npres s 72 ins 2009 No. 39 s 40\n(sec.72-ssec.1) This section applies to the following statutes— University of Queensland Statute No. 5 (Awards) 1999 University of Queensland Statute No. 6 (Fees) 1999\n(sec.72-ssec.2) Despite the Statutory Instruments Act 1992 , section 54, each statute— is taken not to have expired on 1 September 2009; and expires on 1 September 2010 unless it is repealed before that day.\n- • University of Queensland Statute No. 5 (Awards) 1999\n- • University of Queensland Statute No. 6 (Fees) 1999\n- (a) is taken not to have expired on 1 September 2009; and\n- (b) expires on 1 September 2010 unless it is repealed before that day.","sortOrder":114},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Transitional provisions for University Legislation Amendment Act 2017","content":"## Transitional provisions for University Legislation Amendment Act 2017","sortOrder":115},{"sectionNumber":"sec.73","sectionType":"section","heading":"Definition for division","content":"### sec.73 Definition for division\n\nIn this division—\nprevious , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 73 ins 2017 No. 36 s 139","sortOrder":116},{"sectionNumber":"sec.74","sectionType":"section","heading":"Particular references to senate election","content":"### sec.74 Particular references to senate election\n\nA reference in the following provisions to a senate election includes a reference to a ballot under previous section 15(3)—\nsection 20A(2) and (3)(a);\nschedule 2, definition elected member .\ns 74 ins 2017 No. 36 s 139\n- (a) section 20A(2) and (3)(a);\n- (b) schedule 2, definition elected member .","sortOrder":117},{"sectionNumber":"sec.75","sectionType":"section","heading":"Repeal of university statutes","content":"### sec.75 Repeal of university statutes\n\nThis section applies to a university statute made under previous section 52 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 75 ins 2017 No. 36 s 139\n(sec.75-ssec.1) This section applies to a university statute made under previous section 52 that was in force immediately before the commencement.\n(sec.75-ssec.2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed.","sortOrder":118},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":119},{"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":120},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Limitation of authorised person’s powers","content":"### sch.1-sec.2 Limitation of authorised person’s powers\n\nThe powers of an authorised person may be limited—\nunder a condition of appointment; or\nby notice of the vice-chancellor given to the authorised person.\nNotice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.\nsch 1 s 2 amd 2005 No. 18 s 165 sch\n(sch.1-sec.2-ssec.1) The powers of an authorised person may be limited— under a condition of appointment; or by notice of the vice-chancellor given to the authorised person.\n(sch.1-sec.2-ssec.2) Notice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.\n- (a) under a condition of appointment; or\n- (b) by notice of the vice-chancellor given to the authorised person.","sortOrder":121},{"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":122},{"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":123},{"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":124},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Traffic control","content":"# Traffic control","sortOrder":125},{"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":126},{"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":127},{"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":128},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Removal and detention of illegally parked or abandoned vehicles","content":"### sch.1-sec.9 Removal and detention of illegally parked or abandoned vehicles\n\nAn authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds—\nis parked in contravention of a regulatory notice; or\nis abandoned.\nThe vehicle must be held at a safe place.\nAn authorised person may exercise the powers given under subsection (1) (a) only if—\nthe authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and\nthe authorised person—\ncan not immediately locate the driver of the vehicle; or\nbelieves on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\nAs soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.\nIf the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.\nIf the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.\nIn this section—\nvehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\nsch 1 s 9 amd 2005 No. 18 s 165 sch\n(sch.1-sec.9-ssec.1) An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds— is parked in contravention of a regulatory notice; or is abandoned.\n(sch.1-sec.9-ssec.2) The vehicle must be held at a safe place.\n(sch.1-sec.9-ssec.3) An authorised person may exercise the powers given under subsection (1) (a) only if— the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and the authorised person— can not immediately locate the driver of the vehicle; or believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n(sch.1-sec.9-ssec.4) As soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.\n(sch.1-sec.9-ssec.5) If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.\n(sch.1-sec.9-ssec.6) If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.\n(sch.1-sec.9-ssec.7) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.\n- (a) is parked in contravention of a regulatory notice; or\n- (b) is abandoned.\n- (a) the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and\n- (b) the authorised person— (i) can not immediately locate the driver of the vehicle; or (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n- (i) can not immediately locate the driver of the vehicle; or\n- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.\n- (i) can not immediately locate the driver of the vehicle; or\n- (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.","sortOrder":129},{"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":130},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Application of proceeds of sale","content":"### sch.1-sec.11 Application of proceeds of sale\n\nThe proceeds of the sale must be applied in the following order—\nin payment of the reasonable expenses incurred in the sale;\nin payment of the reasonable cost of seizing, removing and holding the vehicle;\nif there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nin payment of any balance to the owner.\nCompensation is not recoverable against the university for a payment under this section.\nsch 1 s 11 amd 2010 No. 44 s 80\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":131},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Conduct on university land","content":"# Conduct on university land","sortOrder":132},{"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":133},{"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":134}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown substantially from its original 1998 form. Major amendments in 2002, 2004, 2005, and 2017 introduced: new categories of Senate membership (additional members), a formal election policy framework, conduct obligations and removal powers, criminal history check mechanisms, mandatory disclosure requirements with penalties, information protection rules, and expanded governance accountability provisions. What began as a straightforward university establishment act has evolved into a detailed corporate governance instrument with quasi-regulatory features."},"complexity_factors":["Multiple overlapping categories of Senate membership (official, appointed, elected, additional) each with distinct rules for appointment, eligibility, terms, and removal","Complex vacancy-filling mechanisms with cascading fallback procedures (e.g., section 20A)","Interplay with multiple external legislative frameworks (Corporations Act, Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Land Act 1994, Acts Interpretation Act, Criminal Law (Rehabilitation of Offenders) Act)","Discretionary powers exercised by different actors (Minister, Governor in Council, Senate) with different thresholds and procedures for similar outcomes","Nuanced criminal conviction rules — disqualification is not automatic in all cases, with discretion to restore membership","Trust and property provisions involving cy-pres-style scheme-making (redirecting donations from original purposes)","Layered delegation and subdelegation framework for Senate powers","Multiple transitional provisions from past amendments that continue to affect current legal positions","Protective information regime with criminal penalties for misuse of reports and notices","Cross-references between sections are dense and require tracking across multiple parts of the Act"],"plain_english_summary":"## University of Queensland Act 1998 — What Does It Do?\n\nThis Queensland law is the legal foundation for **The University of Queensland (UQ)**. Think of it as UQ's constitutional document — it creates the university, defines how it's run, and sets the rules for who's in charge.\n\n### Who Does It Affect?\n- **Students** at UQ (undergraduate and postgraduate)\n- **Staff** (academic and general/administrative)\n- **UQ's governing body** (the Senate — UQ's equivalent of a board of directors)\n- **The Queensland Government**, which retains oversight powers\n- **Donors and gift-givers** whose property UQ holds on trust\n- **The general public** who use or interact with UQ\n\n### Key Things This Law Does:\n\n**1. Creates the University**\nUQ is established as a legal entity (a \"body corporate\" — meaning it can own property, sign contracts, and sue or be sued in its own name).\n\n**2. Sets UQ's Purpose**\nUQ exists to: teach, research, award degrees, share knowledge, support staff and student wellbeing, and commercially exploit its research and resources.\n\n**3. Establishes the Senate (UQ's Board)**\nThe Senate governs UQ. It has 22 members across four categories:\n- **3 official members**: the Chancellor, Vice-Chancellor, and President of the Academic Board (these hold their roles by virtue of their position)\n- **8 appointed members**: chosen by the Governor in Council (a formal Queensland Government appointment process)\n- **8 elected members**: voted in by UQ's own community — including staff, students (undergrad and postgrad), and graduates\n- **3 additional members**: appointed by the Senate itself (must be external — no students or staff)\n\n**4. Rules for Senate Members**\nThe law specifies:\n- Term lengths (up to 4 years for most; 2 years for student representatives)\n- A 12-year cap on total Senate membership\n- Disqualification rules (e.g., criminal convictions, being banned from managing companies)\n- How vacancies are filled\n- Obligations to act honestly, in UQ's best interests, and avoid conflicts of interest\n- How misconduct can lead to removal from office\n\n**5. Handles University Property and Money**\n- UQ can hold, manage and redirect trust funds and donations (e.g., if a donor's original purpose becomes impossible)\n- State (government-owned) land is managed under specific land laws\n- UQ must adopt an annual budget and stay within it\n- UQ can form or join companies to commercialise its research and knowledge\n\n**6. Key Officers**\n- **Chancellor**: Ceremonial head; elected by the Senate; up to 5-year term; cannot be a student or staff member\n- **Deputy Chancellor**: Acts when the Chancellor is unavailable\n- **Vice-Chancellor**: The actual CEO running day-to-day operations; appointed by the Senate\n\n**7. Accountability and Transparency**\n- Members must disclose criminal convictions or disqualifications\n- Police can be asked for criminal history checks (with the person's consent)\n- There are strict rules on who can see sensitive personal information\n- The Senate must hold elections by secret ballot, with published results and a complaints process\n\n**8. Traffic and Conduct on Campus**\nA schedule to the Act gives UQ powers to control traffic and behaviour on university land."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3445},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"While the core purpose of establishing the University and its Senate remains intact, the legislation has grown significantly beyond its 1998 original through amendments in 2002, 2005, and 2017. The 2005 amendments introduced detailed criminal history checking provisions (sections 56B-56D), member conduct obligations, and specific removal mechanisms for senior officers. The 2017 amendments added comprehensive election policy requirements (Division 3A), replacing earlier ballot procedures with detailed integrity and security mandates. The Act has shifted from a basic establishment statute to a detailed governance code regulating electoral procedures, disclosure requirements, and protected information handling."},"complexity_factors":["Multiple cross-references to external legislation including the Corporations Act 2001, Land Act 1994, Financial Accountability Act 2009, and Criminal Law (Rehabilitation of Offenders) Act 1986","Layered amendment history visible in the text (sections substituted in 2005, 2017, etc.) creating temporal complexity where current provisions override previous versions","Nested conditional logic in vacancy-filling procedures (section 20A) with tiered eligibility criteria and fallback appointment mechanisms","Exception chains in disqualification provisions (sections 23, 25, 26, 35C) establishing general prohibitions, then ministerial/senate discretions, then restoration mechanics","Dual frameworks for governance (Senate, Academic Board, Vice-Chancellor) with overlapping but distinct powers and delegation chains","References to Schedule 2 dictionary for defined terms, though the dictionary itself is not fully provided in the extracted text","Transitional provisions preserving pre-amendment arrangements while implementing new governance structures, requiring readers to track parallel systems during transition periods"],"plain_english_summary":"This Act establishes **The University of Queensland** as a legal entity (a body corporate—a legal person that can own property, sign contracts, and sue or be sued) and sets out how the university is governed, managed, and held accountable.\n\n**Who it affects:**\n- **Students, staff, and graduates** of UQ, who can vote in or stand for elections to the university’s governing body\n- **Senior officers** including the Chancellor (ceremonial head), Deputy Chancellor, and Vice-Chancellor (chief executive officer)\n- **Donors** who give money or property to the university with specific conditions attached\n- **Visitors to UQ campuses**, who must follow traffic and conduct rules\n\n**What the Act does:**\n\n- **Creates the University**: Establishes UQ as an independent legal body that can operate anywhere in Australia or overseas, own land, enter into contracts, and commercialize research.\n\n- **Establishes the Senate**: Creates a 22-member governing body (the Senate) responsible for running the university. The Senate includes:\n  - 3 official members (Chancellor, Vice-Chancellor, President of the Academic Board)\n  - 8 members appointed by the Governor in Council (senior government appointments)\n  - 8 elected members (academic staff, general staff, undergraduate and postgraduate students, and graduates)\n  - 3 additional members appointed by the Senate itself\n\n- **Sets duties and powers**: Senators must act honestly and in the university’s best interests, similar to company directors. They can be removed for misconduct, and there are strict rules disqualifying people with certain criminal convictions or corporate disqualifications from serving.\n\n- **Manages elections**: Requires the Senate to create an election policy ensuring secret ballots and fair voting procedures. It includes detailed rules for filling casual vacancies and what happens if elections fail to produce enough candidates.\n\n- **Handles property and money**: Allows the university to manage trust funds and donations. If a donor’s original purpose becomes impossible or outdated, the Senate can redirect the money to a similar purpose. The Act also establishes UQ as a statutory body under Queensland financial management laws, requiring annual budgets and proper financial controls.\n\n- **Controls campus conduct**: Authorizes the university to regulate traffic, issue fines for illegal parking, remove abandoned vehicles, and direct people causing disturbances to leave university land.\n\n- **Allows commercial activities**: Permits the university to form companies, enter commercial partnerships, and exploit research for financial benefit.\n\n**Why it matters:**\nThis Act is essentially the constitution of one of Australia’s largest universities. It determines who has power over the university’s finances and academic direction, balances internal democracy (through elected staff and student representatives) with external accountability (through government appointments), and provides the legal framework for everything from parking fines to multi-million dollar research commercialization deals."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The supplied text includes multiple transitional and amendment provisions (part 8 and various inserted sections) that alter governance structures and procedures compared with earlier provisions of the Act. Examples within the text: the introduction of an election policy requirement and published election procedures (ss 26AA–26AB, inserted 2017), changes to senate membership and transitional appointment steps for new appointed and additional members (pt 8, ss 63–71), and repeal of earlier university statutes on commencement (s 75). Those provisions show the Act’s scope and mechanics for senate composition, election conduct, disclosure and transitional arrangements have been changed by later amendments reflected in the supplied text."},"complexity_factors":["Multiple governance layers with overlapping powers: senate, chancellor, vice‑chancellor, academic board, Minister and Governor in Council (ss 7–11, 30–32, 35).","Detailed membership categories, staggered terms and varied election/appointment routes including casual vacancy rules and transitional arrangements (ss 12–22, 20A, pt 8).","Extensive cross‑references to external statutes (Corporations Act, Land Act, Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Personal Property Securities Act) creating inter‑legislative dependencies (ss 23, 35B, 44, 45–46, Sch 1 s 11).","Election governance specified but operationalised by a university policy that must be published and implemented (ss 26AA–26AC), shifting detailed procedural burden to the university.","Trust and donor‑purpose re‑designation regime requiring written schemes and procedural notices (ss 37–41).","Financial instruments and pooled investment rules with discretion to allocate income to general funds under specified conditions (s 48).","Confidential vetting and disclosure regime with statutory destruction and criminal‑history consent requirements, plus significant penalties for improper disclosure or non‑notification (ss 56B, 56D, 56E).","Campus enforcement and property seizure/disposal powers with multi‑step notice and publication requirements (Sch 1 ss 6–11).","Removal and restoration powers that require particular majorities or ministerial/senate discretion and can affect interim appointments (ss 25–26, 26B, 35D).","Transitional and amendment provisions embedded in the Act that alter membership and procedural rules over time (pt 8, ss 61–75)."],"plain_english_summary":"### What this law does (mechanics)\n\n- Establishes The University of Queensland as a corporate body with a seal that can sue and be sued (s 4).\n- Sets out the university’s core functions: teaching, research, awarding higher-education qualifications, supporting wellbeing, and commercial use of university resources (s 5).  \n- Gives the university broad legal powers to act like an individual: enter contracts, hold and deal with property, employ staff, set charges for services, act inside and outside Queensland and Australia (s 6).\n- Creates a governing body called the senate, gives it ultimate responsibility for running the university, and lists specific powers (appoint staff, control property and finances) (ss 7–10, 9).  \n- Prescribes the composition, categories and terms of office for senate membership: official members (chancellor, vice‑chancellor, president of the academic board), 8 Governor‑in‑Council appointed members, 8 elected members from specified classes (staff, students and graduates), and 3 additional members appointed by the senate (ss 12–20).  \n- Requires the senate to make and publish an election policy for senate elections that secures voting integrity and sets procedures for nominations, ballots, results and complaints; elections must be held under that policy (ss 26AA–26AB).  \n- Imposes duty and conduct obligations on members (honesty, reasonable skill and care, disclose conflicts, no improper use of position or information) (s 26A).  \n- Allows removal of members (including chancellor, vice‑chancellor, president) by the senate if at least 15 members are satisfied a member has breached duties or conduct obligations, with required notice and reasons (ss 26B, 35D).  \n- Gives the Minister limited appointment and remedial powers: recommend and (through Governor in Council) appoint the 8 appointed members (s 14); may appoint elected members where elections fail (s 21); may extend all members’ terms by up to 1 year in specified circumstances (s 26C); may restore an appointed member after conviction in constrained circumstances (s 25).  \n- Specifies offices and appointment rules for chancellor, deputy chancellor and vice‑chancellor, including terms, eligibility, and delegation by the vice‑chancellor (ss 30–32).  \n- Governs property and finance: allows the university to accept and, where appropriate, re‑designate property given for particular purposes (trusts/gifts) subject to a written scheme (ss 36–41); treats certain State land dealings under the Land Act with special lease terms (s 44); confirms statutory‑body status for financial legislation (ss 45–46); permits trust funds and a pooled investment common fund with specified distribution rules (ss 47–48); requires an annual budget and financial control and review (ss 49–51, 50).  \n- Enables the university to form or join corporations, and enter commercial arrangements relating to research, teaching, publishing and exploitation of university intellectual property (s 55).  \n- Provides for checks on candidates and office‑holders: criminal history reports may be requested (with consent) before appointment or election (s 56B); members must disclose certain disqualifying matters or indictable convictions (s 56D); protected information from those processes is confidential and may only be disclosed for tightly defined purposes (s 56E).  \n- Establishes campus‑level powers: appointment of authorised persons by the vice‑chancellor (Sch 1 ss 1–5) who can control traffic and give directions, require compliance with regulatory notices, remove and dispose of illegally parked or abandoned vehicles, and deal with disorderly conduct on university land (Sch 1 ss 6–13).  \n- Gives the Governor in Council regulation‑making power under the Act (s 58).  \n\n### Who it affects\n\n- University governance actors: the senate, chancellor, deputy chancellor, vice‑chancellor, academic board and their members (ss 7–11, 30–35A).  \n- Staff, students, graduates and other university constituencies who elect senate members (s 15) or are affected by senate decisions on academic matters (s 35).  \n- The Minister and Governor in Council (appointment and extension powers: ss 14, 21, 25, 26C, 63).  \n- Donors and trustees of gifted property (trusts): their gifts may be redesignated subject to senate schemes if original purposes are impossible, impractical or fulfilled (ss 37–41).  \n- Users of university land and visitors: subject to traffic and conduct rules, directions from authorised persons and possible penalties (Sch 1).  \n- Parties to commercial arrangements with the university and any corporations the university forms or joins (ss 55–56).  \n\n### Why it matters (purpose claims and testing them mechanically)\n\n- The Act declares the university’s public legal form, tasks, powers and governance model (s 4, s 5, s 6, s 8–9). The stated purpose is to enable teaching, research and the application and commercialisation of knowledge (s 5(h)). Mechanically, this both empowers revenue‑generating activity (commercial exploitation, forming corporations — ss 5(h), 55) and preserves academic governance (academic board advising on teaching and research — s 35).\n\n- Accountability and decision‑making are concentrated in the senate: the senate decides academic board membership, appoints various officers, sets budgets and may delegate many functions but not the election policy or the annual budget (ss 11, 35, 50). This gives the senate both discretion and operational responsibility; it also imposes internal compliance burdens (creating and running elections under the published policy — ss 26AA–26AB).\n\n- The Act builds in checks and administrative controls on senior appointments: Minister/Governor in Council appointments for a substantial portion of the senate (s 14, transitional ss 63–64), police‑history checks with consent (s 56B), and immediate disclosure obligations with penalties for members who become disqualified or convicted (s 56D). These mechanisms shift some vetting costs onto candidates (consent to checks) and on university/Ministerial processes (handling and destroying reports — ss 56B(6), 56D(4)).\n\n- The university is permitted to pool and manage funds collectively through an investment common fund (s 48). That reduces frictions of holding many separate trust investments but permits the university to direct income into general funds for stated‑purpose amounts that are not immediately needed (s 48(4)). The trade‑off is that donors’ original purposes may be modified by a senate scheme if the purpose is obsolete, impractical or the gift is inadequate (ss 37–41). The Act requires the scheme to be written and made available on request (s 37(3)–(4)).\n\n- The Act authorises campus enforcement powers (Sch 1) to regulate traffic and conduct, including seizure and sale of vehicles and direction to leave land (Sch 1 ss 6, 9, 10). Those provisions create legal consequences (penalties and cost recovery) borne by individuals who fail to comply (Sch 1 ss 6–11). The university must follow procedural steps (notice to owner, publication) before disposing of vehicles (Sch 1 ss 9–11).  \n\n### Who pays, who decides, and what behaviour changes\n\n- Who pays: individuals and organisations that breach campus rules may face penalties (Sch 1 ss 6–13); vehicle owners can be charged for removal and storage and may lose vehicles sold under the Act with proceeds applied to costs and any secured creditors (Sch 1 ss 9, 11). The university bears liability where members acting honestly and without negligence would otherwise be personally liable (s 56A(2)).  \n\n- Who decides: the senate runs the university and has broad delegated authority (ss 8–11). The Minister and Governor in Council make specific appointments and may exercise particular discretions (ss 14, 21, 25, 26C). The vice‑chancellor runs operational matters and appoints authorised persons (ss 32; Sch 1 ss 1–5).  \n\n- Behaviour changes expected mechanically: university decision‑makers must adopt and follow an election policy and budget processes (ss 26AA, 50). Prospective members must consent to police‑history checks and disclose disqualifying matters (ss 56B, 56D). Staff and visitors must obey regulatory notices and authorised persons’ directions on campus (Sch 1 ss 6–8, 13).\n\n### Implementation, compliance and discretion risks (concrete mechanisms)\n\n- Election integrity depends on the senate drafting, publishing and enforcing a robust election policy (ss 26AA–26AB). The Act prescribes required content but enforcement, complaint resolution and eligibility verification are delegated to the university (s 26AA(2)–(4)).  \n- The Minister and senate each hold remediation discretion to permit persons with indictable convictions to serve or return to office (ss 25–26, 35C). That is an explicitly discretionary restoration mechanism: the decision‑makers weigh reasonableness of circumstances and then notify restoration in writing; restoration affects any interim appointments (ss 25(1)–(3), 26(1)–(3)).\n- Re‑designation of donor‑restricted property transfers control from donor specification to a senate‑run written scheme when statutory criteria are met (ss 37–39). That centralises decision‑making about gift use in the senate and imposes a disclosure/availability obligation (s 37(3)–(4)).\n- Protected information and criminal‑history reports are tightly limited in disclosure and must be destroyed when no longer needed (ss 56B(6), 56D(4), 56E). Non‑authorised disclosure carries a maximum penalty of 100 penalty units (s 56E(2)).\n\nIn short: the Act establishes the university’s legal form, lists functions and powers including commercial activity, creates a senate‑centred governance structure with defined categories of membership and election rules, sets financial and trust management rules, and provides campus enforcement powers — while embedding a set of checks, vetting, disclosure and removal mechanisms that allocate decision authority among the senate, vice‑chancellor and the Minister (see cited sections above)."}},"importantCases":[],"_links":{"self":"/api/acts/university-of-queensland-act-1998","history":"/api/acts/university-of-queensland-act-1998/history","analysis":"/api/acts/university-of-queensland-act-1998/analysis","conflicts":"/api/acts/university-of-queensland-act-1998/conflicts","importantCases":"/api/acts/university-of-queensland-act-1998/important-cases","documents":"/api/acts/university-of-queensland-act-1998/documents"}}