The Act creates Central Queensland University as a corporate statutory body, sets its core functions (education, research, awarding qualifications and commercialising knowledge), and gives it broad operational, property and commercial powers. It vests governance in a council with specified appointment, election and removal rules, creates key offices, and sets duties, election and compliance obligations.
This affects council members, officers, staff, students and visitors, and matters because it enables commercial activity, concentrates decision‑making power and imposes administrative, privacy and trust‑management duties.
This Act establishes Central Queensland University as a corporate body and sets out its functions, governance, property, financial and administrative arrangements. Mechanically, it: creates the university (s 4); prescribes the university’s functions including teaching, research, award‑making and commercial exploitation of university resources (s 5); grants wide corporate powers to the university, including contracting and property dealings inside and outside Queensland and Australia (s 6); establishes a governing council with enumerated membership categories and membership rules (ss 7-20); sets duties for council members and mechanisms for removal, vacancies and term extensions (ss 26A, 26B, 26C, 20A-24); requires the council to set an annual budget and to control spending (s 55); declares the university a statutory body for state financial legislation (ss 50-51); provides rules for trust property, donor schemes and amendment of gifts (ss 42-46); creates a student association as a corporate body with a constitution that must be council‑approved (ss 34, 38); and supplies a traffic and conduct regime for university land in schedule 1 (sch 1, pts 2-3).
The Act assigns decision‑making authority mainly to two actors. First, the council is the university’s governing body and has broad powers to manage staff, affairs, property and finances (ss 8-9). Second, the Minister and Governor in Council retain appointment and supervisory roles over appointed members (s 14) and limited powers to extend terms (s 26C) and to approve restoration where a conviction would otherwise disqualify (s 25). The vice‑chancellor is the chief executive with delegated operational authority, including appointing authorised persons under the traffic/conduct regime (s 32; sch 1‑s 1).
The Act creates both compliance obligations and enforcement tools. Council members have statutory duties to act honestly, disclose conflicts and exercise reasonable skill, care and diligence (s 26A). The council may remove members for breach of those duties (s 26B); the council may also remove senior officers including the chancellor or vice‑chancellor where at least 10 members are satisfied there has been non‑compliance (s 40D). Criminal history checks and limited confidentiality protections are provided for appointment processes (ss 62B, 62E), and failure to disclose disqualifying matters carries a maximum fine (s 62D). On university land, authorised persons may direct people and control traffic, and the university may seize, detain and sell unclaimed vehicles, recovering costs (sch 1‑ss 6-11). Financially, the university is subject to state statutory body financial legislation and must adopt an annual budget and review bequests and special grants (ss 50-55).
Current sections
Direct links to the current provisions in Central Queensland University Act 1998.
155
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Central Queensland University Act 1998 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
pt.2
The university and its council
The university and its council
pt.2-div.1
University establishment and general functions and powers
University establishment and general functions and powers
sec.4
Establishment of university
sec.4 Establishment of university
The Central Queensland University is established.
The university—
is a body corporate; and
has a seal; and
may sue and be sued in its corporate name.
(sec.4-ssec.1) The Central Queensland University is established.
(sec.4-ssec.2) The university— is a body corporate; and has a seal; and may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.5
Functions of university
sec.5 Functions of university
The university’s functions are—
to provide education at university standard; and
to provide facilities for, and encourage, study and research; and
to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and
to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and
to confer higher education awards; and
to disseminate knowledge and promote scholarship; and
to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
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
to perform other functions given to the university under this or another Act.
(a) to provide education at university standard; and
(b) to provide facilities for, and encourage, study and research; and
(c) to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and
(d) to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and
(e) to confer higher education awards; and
(f) to disseminate knowledge and promote scholarship; and
(g) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
(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
(i) to perform other functions given to the university under this or another Act.
sec.6
General powers of university
sec.6 General powers of university
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.
Without limiting subsection (1) , the university has the powers given to it under this or another Act.
The university may exercise its powers inside or outside Queensland.
Without limiting subsection (3) , the university may exercise its powers outside Australia.
(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.
(sec.6-ssec.2) Without limiting subsection (1) , the university has the powers given to it under this or another Act.
(sec.6-ssec.3) The university may exercise its powers inside or outside Queensland.
(sec.6-ssec.4) Without limiting subsection (3) , the university may exercise its powers outside Australia.
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) fix charges, and other terms, for services and other facilities it supplies; and
(f) do anything else necessary or convenient to be done for, or in connection with, its functions.
pt.2-div.2
Council establishment and general functions and powers
Council establishment and general functions and powers
sec.7
Establishment of council
sec.7 Establishment of council
There is a council of the university.
sec.8
Functions of council
sec.8 Functions of council
The council is the university’s governing body.
The council has the functions conferred on it under this or another Act.
(sec.8-ssec.1) The council is the university’s governing body.
(sec.8-ssec.2) The council has the functions conferred on it under this or another Act.
sec.9
Powers of council
sec.9 Powers of council
The council may do anything necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular—
to appoint the university’s staff; and
to manage and control the university’s affairs and property; and
to manage and control the university’s finances.
(sec.9-ssec.1) The council may do anything necessary or convenient to be done for, or in connection with, its functions.
(sec.9-ssec.2) Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular— to appoint the university’s staff; and to manage and control the university’s affairs and property; and to manage and control the university’s finances.
(a) to appoint the university’s staff; and
(b) to manage and control the university’s affairs and property; and
(c) to manage and control the university’s finances.
sec.10
Council to promote university’s interests
sec.10 Council to promote university’s interests
The council must act in the way that appears to it most likely to promote the university’s interests.
sec.11
Delegation
sec.11 Delegation
The council may delegate its powers under this Act to—
an appropriately qualified member of the council; or
an appropriately qualified committee that includes 1 or more members of the council; or
an appropriately qualified member of the university’s staff.
However, the council may not delegate its power—
to make an election policy; or
to adopt the university’s annual budget.
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.
s 11 amd 2005 No. 18 s 3 ; 2017 No. 36 s 4 ; 2017 No. 36 s 94
(sec.11-ssec.1) The council may delegate its powers under this Act to— an appropriately qualified member of the council; or an appropriately qualified committee that includes 1 or more members of the council; or an appropriately qualified member of the university’s staff.
(sec.11-ssec.2) However, the council may not delegate its power— to make an election policy; or to adopt the university’s annual budget.
(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.
(a) an appropriately qualified member of the council; or
(b) an appropriately qualified committee that includes 1 or more members of the council; or
(c) an appropriately qualified member of the university’s staff.
(a) to make an election policy; or
(b) to adopt the university’s annual budget.
pt.2-div.3
Council membership
Council membership
sec.12
Membership of council
sec.12 Membership of council
The council consists of official members, appointed members, elected members and additional members.
s 12 sub 2005 No. 18 s 4
sec.13
Official members
sec.13 Official members
There are 3 official members.
The official members are—
the chancellor; and
the vice-chancellor; and
the president of the academic board.
s 13 sub 2005 No. 18 s 4
(sec.13-ssec.1) There are 3 official members.
(sec.13-ssec.2) The official members are— the chancellor; and the vice-chancellor; and the president of the academic board.
(a) the chancellor; and
(b) the vice-chancellor; and
(c) the president of the academic board.
sec.14
Appointed members
sec.14 Appointed members
There are 5 appointed members.
The Governor in Council is to appoint the appointed members.
s 14 amd 2005 No. 18 s 5
(sec.14-ssec.1) There are 5 appointed members.
(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.
sec.14A
University as a dual sector entity
sec.14A University as a dual sector entity
This section applies if the university is a dual sector entity under the TAFE Queensland Act 2013 .
On the next appointment of an appointed member to happen after the university becomes a dual sector entity, the person appointed must be a VET qualified person unless the appointed members already include a VET qualified person.
Subject to subsection (2) , it is a requirement for the appointment of members under section 14 that the appointed members always include at least 1 person who is a VET qualified person.
In this section—
VET qualified person means a person with substantial knowledge or experience of vocational education and training.
vocational education and training see the TAFE Queensland Act 2013 , schedule 1 .
s 14A ins 2014 No. 24 s 11
(sec.14A-ssec.1) This section applies if the university is a dual sector entity under the TAFE Queensland Act 2013 .
(sec.14A-ssec.2) On the next appointment of an appointed member to happen after the university becomes a dual sector entity, the person appointed must be a VET qualified person unless the appointed members already include a VET qualified person.
(sec.14A-ssec.3) Subject to subsection (2) , it is a requirement for the appointment of members under section 14 that the appointed members always include at least 1 person who is a VET qualified person.
(sec.14A-ssec.4) In this section— VET qualified person means a person with substantial knowledge or experience of vocational education and training. vocational education and training see the TAFE Queensland Act 2013 , schedule 1 .
sec.15
Elected members
sec.15 Elected members
There are 3 elected members.
The elected members are—
1 member of the full-time or part-time academic staff; and
1 member of the full-time or part-time general staff; and
1 student.
Each elected member is to be elected at a council election.
s 15 amd 2005 No. 18 s 6 ; 2017 No. 36 s 95
(sec.15-ssec.1) There are 3 elected members.
(sec.15-ssec.2) The elected members are— 1 member of the full-time or part-time academic staff; and 1 member of the full-time or part-time general staff; and 1 student.
(sec.15-ssec.3) Each elected member is to be elected at a council election.
(a) 1 member of the full-time or part-time academic staff; and
(b) 1 member of the full-time or part-time general staff; and
(c) 1 student.
sec.16
Additional members
sec.16 Additional members
There are 4 additional members.
The council must appoint the additional members.
The council must appoint at least 2 graduates of the university as additional members.
An additional member must not be a student or a member of the university’s academic staff or general staff.
s 16 sub 2005 No. 18 s 7
(sec.16-ssec.1) There are 4 additional members.
(sec.16-ssec.2) The council must appoint the additional members.
(sec.16-ssec.3) The council must appoint at least 2 graduates of the university as additional members.
(sec.16-ssec.4) An additional member must not be a student or a member of the university’s academic staff or general staff.
sec.17
When council is taken to be properly constituted
sec.17 When council is taken to be properly constituted
The council is taken to be properly constituted when it has 8 or more members, whether they be additional, appointed, elected or official members.
s 17 amd 2005 No. 18 s 8
sec.18
Appointed member’s term of office
sec.18 Appointed member’s term of office
An appointed member is to be appointed for a term of not more than 4 years.
s 18 amd 2005 No. 18 s 9
sec.19
Elected member’s term of office
sec.19 Elected member’s term of office
An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.
An elected member mentioned in section 15 (2) (c) holds office for 2 years.
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.
s 19 amd 2005 No. 18 s 10
(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.
(sec.19-ssec.2) An elected member mentioned in section 15 (2) (c) holds office for 2 years.
(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.
(a) if the member is re-elected—the day after the day when the member’s previous term of office ends; or
(b) if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
sec.20
Additional member’s term of office
sec.20 Additional member’s term of office
An additional member is to be appointed for a term of not more than 4 years decided by the council.
s 20 sub 2005 No. 18 s 11
sec.20A
Dealing with casual vacancy in office of an elected member
sec.20A Dealing with casual vacancy in office of an elected member
This section applies if a casual vacancy arises in the office of an elected member.
If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—
was a candidate for the office in the council election; and
was not elected; and
received the highest number of votes of all the candidates who were not elected; and
is eligible, under this Act, to be a member; and
is willing to be, and available to perform the functions of, a member.
Subsection (4) applies if—
the elected member was not elected at a council election; or
no-one is eligible for appointment under subsection (2) .
A person is to be elected to the office at a council election.
Despite subsection (4) , if the elected member was a student, the council may appoint a student to the office.
A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.
s 20A ins 2002 No. 75 s 4
amd 2005 No. 18 s 12 ; 2017 No. 36 s 96
(sec.20A-ssec.1) This section applies if a casual vacancy arises in the office of an elected member.
(sec.20A-ssec.2) If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who— was a candidate for the office in the council election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member.
(sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a council election; or no-one is eligible for appointment under subsection (2) .
(sec.20A-ssec.4) A person is to be elected to the office at a council election.
(sec.20A-ssec.5) Despite subsection (4) , if the elected member was a student, the council may appoint a student to the office.
(sec.20A-ssec.6) A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.
(a) was a candidate for the office in the council election; and
(b) was not elected; and
(c) received the highest number of votes of all the candidates who were not elected; and
(d) is eligible, under this Act, to be a member; and
(e) is willing to be, and available to perform the functions of, a member.
(a) the elected member was not elected at a council election; or
(b) no-one is eligible for appointment under subsection (2) .
sec.21
Failure to elect elected member
sec.21 Failure to elect elected member
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 (c) (each a relevant class ).
The Minister may appoint a person as the elected member for the relevant class.
The council may, if asked by the Minister, nominate a person for appointment under subsection (2) .
A person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.
This section applies to the periodic election of members and an election required because of a casual vacancy.
In this section—
relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.
s 21 amd 2002 No. 75 s 5
sub 2005 No. 18 s 13 ; 2017 No. 36 s 97
(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 (c) (each a relevant class ).
(sec.21-ssec.2) The Minister may appoint a person as the elected member for the relevant class.
(sec.21-ssec.3) The council may, if asked by the Minister, nominate a person for appointment under subsection (2) .
(sec.21-ssec.4) A person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.
(sec.21-ssec.5) This section applies to the periodic election of members and an election required because of a casual vacancy.
(sec.21-ssec.6) In this section— relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.
sec.22
Casual vacancies
sec.22 Casual vacancies
A 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.
s 22 amd 2002 No. 75 s 74 sch
sec.23
Ineligibility for membership of council
sec.23 Ineligibility for membership of council
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) .
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.
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.
Subsection (1) (b) is subject to sections 25 and 26 .
s 23 sub 2005 No. 18 s 14
amd 2017 No. 36 s 5
(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) .
(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.
(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.
(sec.23-ssec.4) Subsection (1) (b) is subject to sections 25 and 26 .
(a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(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) .
sec.24
Vacation of office
sec.24 Vacation of office
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 (c) —
if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or
otherwise—the member ceases to be an eligible person for the class; or
An elected member of a class mentioned in section 15 (2) (c) ceases to be a 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 council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or
the member becomes an official member; or
the member resigns from office by signed notice—
if the member is an appointed member—given to the Minister; or
if the member is an elected or additional member—given to the vice-chancellor; or
the member is removed from office under section 26B ; or
the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or
the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .
See section 62D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .
Subsection (1) (i) is subject to sections 25 and 26 .
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.
In this section—
nomination requirements means requirements for eligibility to be nominated as a candidate in a council election.
s 24 amd 2005 No. 18 s 15 ; 2017 No. 36 s 6 ; 2017 No. 36 s 98
(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 (c) — if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or otherwise—the member ceases to be an eligible person for the class; or An elected member of a class mentioned in section 15 (2) (c) ceases to be a 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 council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or the member becomes an official member; or the member resigns from office by signed notice— if the member is an appointed member—given to the Minister; or if the member is an elected or additional member—given to the vice-chancellor; or the member is removed from office under section 26B ; or the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) . See section 62D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .
(sec.24-ssec.2) Subsection (1) (i) is subject to sections 25 and 26 .
(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.
(sec.24-ssec.4) In this section— nomination requirements means requirements for eligibility to be nominated as a candidate in a council election.
(a) the member dies; or
(b) for an elected member of a class mentioned in section 15 (2) (a) to (c) — (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (c) ceases to be a student.
(i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or
(ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (c) ceases to be a student.
(c) for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or
(d) the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or
(e) the member becomes an official member; or
(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
(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
(g) the member is removed from office under section 26B ; or
(h) the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(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) .
(i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or
(ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (c) ceases to be a student.
(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
sec.25
Discretion where appointed member convicted of indictable offence
sec.25 Discretion where appointed member convicted of indictable offence
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.
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.
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.
s 25 amd 2005 No. 18 s 165 sch ; 2017 No. 36 sch 1 pt 2
(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.
(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.
(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.
(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
(b) otherwise—give written approval for the person to become an appointed member despite the conviction.
(a) the person is restored as an appointed member; and
(b) if another person has been appointed to fill the vacancy—the other person’s appointment ends.
sec.26
Discretion where elected or additional member convicted of indictable offence
sec.26 Discretion where elected or additional member convicted of indictable offence
If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may—
if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or
otherwise—give written approval for the person to become an elected or additional member despite the conviction.
On the day the person receives a notice under subsection (1) (a) —
the person is restored as an elected or additional member; and
if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.
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.
s 26 amd 2005 No. 18 s 165 sch ; 2017 No. 36 sch 1 pt 2
(sec.26-ssec.1) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may— if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become an elected or additional member despite the conviction.
(sec.26-ssec.2) On the day the person receives a notice under subsection (1) (a) — the person is restored as an elected or additional member; and if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.
(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.
(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
(b) otherwise—give written approval for the person to become an elected or additional member despite the conviction.
(a) the person is restored as an elected or additional member; and
(b) if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.
pt.2-div.3A
Council elections
Council elections
sec.26AA
Election policy
sec.26AA Election policy
The council must—
make a policy (an election policy ) about the conduct of elections required under sections 15 and 20A ; and
publish the election policy on the university’s website.
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.
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.
The election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.
s 26AA ins 2017 No. 36 s 99
(sec.26AA-ssec.1) The council must— make a policy (an election policy ) about the conduct of elections required under sections 15 and 20A ; and publish the election policy on the university’s website.
(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.
(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.
(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.
(a) make a policy (an election policy ) about the conduct of elections required under sections 15 and 20A ; and
(b) publish the election policy on the university’s website.
(a) provisions to ensure the integrity and security of the voting system; and
(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
(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
(c) provisions stating the procedure for voting, including the procedure for issuing ballots; and
(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.
(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.
(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
(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.
(a) eligibility to be nominated as a candidate for a particular class of elected members; and
(b) eligibility to vote, including eligibility to vote for a particular class of elected members.
sec.26AB
Conduct of election
sec.26AB Conduct of election
An election required under section 15 or 20A must be held under the election policy.
s 26AB ins 2017 No. 36 s 99
sec.26AC
Eligibility to vote
sec.26AC Eligibility to vote
A person is eligible to vote in an election for a class of elected members mentioned in section 15 (2) (a) to (c) only if the person—
is an eligible person for the class of elected members; and
otherwise meets any requirements under the election policy for eligibility to vote.
s 26AC ins 2017 No. 36 s 99
(a) is an eligible person for the class of elected members; and
(b) otherwise meets any requirements under the election policy for eligibility to vote.
pt.2-div.4
Members’ function, and removing elected, appointed and additional members from office
Members’ function, and removing elected, appointed and additional members from office
sec.26A
Member’s function, and obligations about function
sec.26A Member’s function, and obligations about function
A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.
In performing the function, a member—
must act honestly and in the best interests of the university; and
must exercise reasonable skill, care and diligence; and
must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and
must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.
s 26A ins 2005 No. 18 s 16
(sec.26A-ssec.1) A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.
(sec.26A-ssec.2) In performing the function, a member— must act honestly and in the best interests of the university; and must exercise reasonable skill, care and diligence; and must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.
(a) must act honestly and in the best interests of the university; and
(b) must exercise reasonable skill, care and diligence; and
(c) must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and
(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.
sec.26B
Council may remove member from office
sec.26B Council may remove member from office
The council may remove an elected, appointed or additional member from office if at least 10 members are satisfied the member has not complied with—
section 26A (2) ; or
a conduct obligation.
If the council decides to remove a member from office under subsection (1) , the council must as soon as practicable—
give the member notice of the decision and the reasons for it; and
if the member is an appointed member—give the Minister a copy of the notice.
If the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following—
the day the member receives the notice;
the day, if any, stated in the notice for that purpose.
The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .
s 26B ins 2005 No. 18 s 16
(sec.26B-ssec.1) The council may remove an elected, appointed or additional member from office if at least 10 members are satisfied the member has not complied with— section 26A (2) ; or a conduct obligation.
(sec.26B-ssec.2) If the council decides to remove a member from office under subsection (1) , the council must as soon as practicable— give the member notice of the decision and the reasons for it; and if the member is an appointed member—give the Minister a copy of the notice.
(sec.26B-ssec.3) If the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following— the day the member receives the notice; the day, if any, stated in the notice for that purpose.
(sec.26B-ssec.4) The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .
(a) section 26A (2) ; or
(b) a conduct obligation.
(a) give the member notice of the decision and the reasons for it; and
(b) if the member is an appointed member—give the Minister a copy of the notice.
(a) the day the member receives the notice;
(b) the day, if any, stated in the notice for that purpose.
pt.2-div.5
Extending terms of office
Extending terms of office
sec.26C
Minister may extend terms of office
sec.26C Minister may extend terms of office
The Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension—
is in the best interests of the university; and
is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.
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.
The extension applies only to members holding office when the notice is given under subsection (1) .
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 .
s 26C ins 2005 No. 18 s 16
(sec.26C-ssec.1) The Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension— is in the best interests of the university; and is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.
(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.
(sec.26C-ssec.3) The extension applies only to members holding office when the notice is given under subsection (1) .
(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 .
(a) is in the best interests of the university; and
(b) is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.
(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
(b) applies despite sections 18 , 19 (1) and (2) and 20 .
pt.2-div.6
Meetings of the council
Meetings of the council
sec.27
Who is to preside at meetings
sec.27 Who is to preside at meetings
The chancellor must preside at meetings of the council.
However, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.
(sec.27-ssec.1) The chancellor must preside at meetings of the council.
(sec.27-ssec.2) However, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.
sec.28
Quorum
sec.28 Quorum
A quorum exists at a meeting of the council if at least half its members are present.
sec.29
Conduct of meetings
sec.29 Conduct of meetings
The council may otherwise regulate its proceedings as it considers appropriate.
pt.3
Certain officers of the university
Certain officers of the university
sec.30
Chancellor
sec.30 Chancellor
There is a chancellor of the university.
The council must elect a chancellor whenever there is a vacancy in the office.
The person elected need not be a member.
The person elected must not be a student or a member of the university’s academic staff or general staff.
The chancellor holds office for the term, not longer than 5 years, fixed by the council.
s 30 amd 2005 No. 18 s 17
(sec.30-ssec.1) There is a chancellor of the university.
(sec.30-ssec.2) The council must elect a chancellor whenever there is a vacancy in the office.
(sec.30-ssec.3) The person elected need not be a member.
(sec.30-ssec.4) The person elected must not be a student or a member of the university’s academic staff or general staff.
(sec.30-ssec.5) The chancellor holds office for the term, not longer than 5 years, fixed by the council.
sec.31
Deputy chancellor
sec.31 Deputy chancellor
There is a deputy chancellor of the university.
The council must elect a member as deputy chancellor whenever there is a vacancy in the office.
The deputy chancellor holds office for the term, not longer than 4 years, fixed by the council.
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.
s 31 amd 2005 No. 18 s 18 ; 2017 No. 36 s 7
(sec.31-ssec.1) There is a deputy chancellor of the university.
(sec.31-ssec.2) The council must elect a member as deputy chancellor whenever there is a vacancy in the office.
(sec.31-ssec.3) The deputy chancellor holds office for the term, not longer than 4 years, fixed by the council.
(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.
(a) during a vacancy in the office of chancellor; and
(b) during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.
sec.32
Vice-chancellor
sec.32 Vice-chancellor
There is a vice-chancellor of the university.
The council must appoint a vice-chancellor whenever there is a vacancy in the office.
The terms of appointment are as decided by the council.
The vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.
The vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff.
See also section 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.
s 32 amd 2017 No. 36 s 8
(sec.32-ssec.1) There is a vice-chancellor of the university.
(sec.32-ssec.2) The council must appoint a vice-chancellor whenever there is a vacancy in the office.
(sec.32-ssec.3) The terms of appointment are as decided by the council.
(sec.32-ssec.4) The vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.
(sec.32-ssec.5) The vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff. See also section 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.
pt.4
Bodies connected with the university
Bodies connected with the university
pt.4-div.1
Student association
Student association
sec.33
Section sec.33
s 33 om 2005 No. 18 s 19
sec.34
Establishment of student association
sec.34 Establishment of student association
The Central Queensland University Student Association is established.
The student association—
is a body corporate with perpetual succession; and
has a common seal; and
may sue and be sued in its corporate name.
(sec.34-ssec.1) The Central Queensland University Student Association is established.
(sec.34-ssec.2) The student association— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
sec.35
Composition
sec.35 Composition
The persons who are eligible to be members of the student association are—
students; and
persons eligible for membership under the student association’s constitution.
(a) students; and
(b) persons eligible for membership under the student association’s constitution.
sec.36
Role
sec.36 Role
The student association has the role and powers stated in its constitution.
The student association also has the role and powers decided by the council.
However, the student association is not the employee or agent of the council.
(sec.36-ssec.1) The student association has the role and powers stated in its constitution.
(sec.36-ssec.2) The student association also has the role and powers decided by the council.
(sec.36-ssec.3) However, the student association is not the employee or agent of the council.
sec.37
General powers
sec.37 General powers
Without limiting section 36 , the student association has all the powers of an individual, including, for example, the power to acquire, hold, dispose of, and deal with, property.
sec.38
Constitution
sec.38 Constitution
The student association must have a written constitution.
The student association’s constitution, and each amendment of the constitution, must be submitted to the council for its approval.
The constitution or amendment has no effect until approved by the council.
(sec.38-ssec.1) The student association must have a written constitution.
(sec.38-ssec.2) The student association’s constitution, and each amendment of the constitution, must be submitted to the council for its approval.
(sec.38-ssec.3) The constitution or amendment has no effect until approved by the council.
pt.4-div.2
sec.39
Section sec.39
s 39 om 2017 No. 36 s 100
pt.4-div.3
Academic board
Academic board
sec.40
Establishment of academic board
sec.40 Establishment of academic board
The council may establish an academic board of the university.
The council must determine the membership of the academic board.
The academic board must—
advise the council 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.
(sec.40-ssec.1) The council may establish an academic board of the university.
(sec.40-ssec.2) The council must determine the membership of the academic board.
(sec.40-ssec.3) The academic board must— advise the council 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.
(a) advise the council about teaching, scholarship and research matters concerning the university; and
(b) formulate proposals for the academic policies of the university; and
(c) monitor the academic activities of the university’s faculties; and
(d) promote and encourage scholarship and research at the university.
sec.40A
President of academic board
sec.40A President of academic board
There is to be a president of the academic board.
The council must decide who is the president.
The president holds office for the term, not longer than 3 years, decided by the council.
s 40A (prev s 40AA) ins 2005 No. 18 s 20
renum 2005 No. 18 s 165 sch
(sec.40A-ssec.1) There is to be a president of the academic board.
(sec.40A-ssec.2) The council must decide who is the president.
(sec.40A-ssec.3) The president holds office for the term, not longer than 3 years, decided by the council.
pt.4-div.4
Application of Corporations legislation to bodies
Application of Corporations legislation to bodies
sec.40B
Excluded matters for Corporations legislation
sec.40B Excluded matters for Corporations legislation
The 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.
The student association is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act.
Corporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)
s 40B (prev s 40A) ins 2001 No. 45 s 29 sch 3
amd 2005 No. 18 s 21
renum 2005 No. 18 s 165 sch
amd 2017 No. 36 s 101
(sec.40B-ssec.1) The 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.
(sec.40B-ssec.2) The student association is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act. Corporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)
pt.4A
Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president
Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president
sec.40C
Disqualification from office
sec.40C Disqualification from office
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 62D for the requirement to disclose the disqualification or conviction.
If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may—
if the person was the chancellor, vice-chancellor or 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.
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.
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.
s 40C ins 2005 No. 18 s 22
amd 2017 No. 36 s 9
(sec.40C-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 62D for the requirement to disclose the disqualification or conviction.
(sec.40C-ssec.2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may— if the person was the chancellor, vice-chancellor or 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.
(sec.40C-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.
(sec.40C-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.
(a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(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) .
(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
(i) is restored as the chancellor, vice-chancellor or president; and
(ii) may be later re-elected or reappointed, despite the conviction; or
(b) otherwise—give written approval for the person to become the chancellor, vice-chancellor or president despite the conviction.
(i) is restored as the chancellor, vice-chancellor or president; and
(ii) may be later re-elected or reappointed, despite the conviction; or
(a) the person is restored as the chancellor, vice-chancellor or president; and
(b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.
sec.40D
Council may remove chancellor, vice-chancellor or president from office
sec.40D Council may remove chancellor, vice-chancellor or president from office
The council may remove the chancellor, vice-chancellor or president from office if at least 10 members are satisfied the chancellor, vice-chancellor or president has not complied with—
section 26A (2) ; or
a conduct obligation.
If the council decides to remove the chancellor, vice-chancellor or president from office under subsection (1) , the council must as soon as practicable give the chancellor, vice-chancellor or president notice of the decision and the reasons for it.
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.
s 40D ins 2005 No. 18 s 22
(sec.40D-ssec.1) The council may remove the chancellor, vice-chancellor or president from office if at least 10 members are satisfied the chancellor, vice-chancellor or president has not complied with— section 26A (2) ; or a conduct obligation.
(sec.40D-ssec.2) If the council decides to remove the chancellor, vice-chancellor or president from office under subsection (1) , the council must as soon as practicable give the chancellor, vice-chancellor or president notice of the decision and the reasons for it.
(sec.40D-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.
(a) section 26A (2) ; or
(b) a conduct obligation.
(a) the day he or she receives the notice;
(b) the day, if any, stated in the notice for that purpose.
sec.40E
Particular matters about removal of vice-chancellor
sec.40E Particular matters about removal of vice-chancellor
The council may remove the vice-chancellor from office under section 40D despite the vice-chancellor’s terms of appointment.
If the council removes the vice-chancellor from office under section 40D —
the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and
the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if—
the appointment had been ended as permitted under the terms of appointment; or
his or her term of office had ended.
s 40E ins 2005 No. 18 s 22
(sec.40E-ssec.1) The council may remove the vice-chancellor from office under section 40D despite the vice-chancellor’s terms of appointment.
(sec.40E-ssec.2) If the council removes the vice-chancellor from office under section 40D — the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— the appointment had been ended as permitted under the terms of appointment; or his or her term of office had ended.
(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
(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.
(i) the appointment had been ended as permitted under the terms of appointment; or
(ii) his or her term of office had ended.
(i) the appointment had been ended as permitted under the terms of appointment; or
(ii) his or her term of office had ended.
sec.40F
Vacation of office
sec.40F Vacation of office
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 40C ; or
is removed from office under section 40D .
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.
s 40F ins 2005 No. 18 s 22
(sec.40F-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 40C ; or is removed from office under section 40D .
(sec.40F-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.
(a) can not continue as the chancellor, vice-chancellor or president under section 40C ; or
(b) is removed from office under section 40D .
pt.5
Property and finance
Property and finance
pt.5-div.1
Property held on trust or conditions
Property held on trust or conditions
sec.41
Definition for div 1
sec.41 Definition for div 1
In this division—
property includes income from property and a part or residue of the property.
sec.42
Amendment of terms of trusts and gifts
sec.42 Amendment of terms of trusts and gifts
This section applies if—
property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and
the council is satisfied—
the donor’s purpose—
has been wholly or substantially achieved; or
no longer exists; or
has been adequately provided for in another way; or
is uncertain, can not be identified, or is insufficiently defined; or
becomes impossible, impractical or inexpedient to carry out; or
the property is inadequate for the donor’s purpose.
The council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).
The scheme must be in writing.
The university must without charge give a copy of the scheme to anyone who asks for it.
(sec.42-ssec.1) This section applies if— property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and the council is satisfied— the donor’s purpose— has been wholly or substantially achieved; or no longer exists; or has been adequately provided for in another way; or is uncertain, can not be identified, or is insufficiently defined; or becomes impossible, impractical or inexpedient to carry out; or the property is inadequate for the donor’s purpose.
(sec.42-ssec.2) The council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).
(sec.42-ssec.3) The scheme must be in writing.
(sec.42-ssec.4) The university must without charge give a copy of the scheme to anyone who asks for it.
(a) property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and
(b) the council is satisfied— (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or (ii) the property is inadequate for the donor’s purpose.
(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
(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.
(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
(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.
(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
sec.43
Selection of designated purpose
sec.43 Selection of designated purpose
In selecting the designated purpose, the council must prefer a purpose that—
is as nearly similar as practicable to the donor’s purpose; and
can practically and conveniently be achieved.
However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .
(sec.43-ssec.1) In selecting the designated purpose, the council must prefer a purpose that— is as nearly similar as practicable to the donor’s purpose; and can practically and conveniently be achieved.
(sec.43-ssec.2) However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .
(a) is as nearly similar as practicable to the donor’s purpose; and
(b) can practically and conveniently be achieved.
sec.44
Property to be held for designated purpose
sec.44 Property to be held for designated purpose
Property to which the scheme applies is to be held by the university for the property’s designated purpose instead of the donor’s purpose.
sec.45
Certain persons to be given notice of scheme
sec.45 Certain persons to be given notice of scheme
If 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.
sec.46
Amendment of scheme
sec.46 Amendment of scheme
The council may amend the scheme.
Sections 42 to 45 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.
(sec.46-ssec.1) The council may amend the scheme.
(sec.46-ssec.2) Sections 42 to 45 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.
sec.47
University’s powers under other laws not limited
sec.47 University’s powers under other laws not limited
This division does not limit the university’s powers and rights under any other law about property held on trust by the university.
sec.48
University may carry out conditions of gift etc.
sec.48 University may carry out conditions of gift etc.
The university may agree to and carry out any conditions of a gift, grant, bequest or devise of property to the university.
pt.5-div.2
Dealing with State land by council
Dealing with State land by council
sec.49
Application of Land Act 1994
sec.49 Application of Land Act 1994
State land is held and may be disposed of under the Land Act 1994 .
However, the university may grant an interest in State land only by way of lease.
Despite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational reserve may be for up to 100 years.
Subsection (5) applies if the purpose for which a reserve was dedicated under the Land Act 1994 includes a reference to—
‘educational institution’; or
‘university’.
The purpose is taken to include anything that is consistent with the university’s functions under section 5 .
Subsections (4) and (5) apply whether the reserve was dedicated before or after the commencement of this section.
In this section—
operational reserve see the Land Act 1994 , schedule 6 .
s 49 amd 2011 No. 39 s 4
(sec.49-ssec.1) State land is held and may be disposed of under the Land Act 1994 .
(sec.49-ssec.2) However, the university may grant an interest in State land only by way of lease.
(sec.49-ssec.3) Despite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational reserve may be for up to 100 years.
(sec.49-ssec.4) Subsection (5) applies if the purpose for which a reserve was dedicated under the Land Act 1994 includes a reference to— ‘educational institution’; or ‘university’.
(sec.49-ssec.5) The purpose is taken to include anything that is consistent with the university’s functions under section 5 .
(sec.49-ssec.6) Subsections (4) and (5) apply whether the reserve was dedicated before or after the commencement of this section.
(sec.49-ssec.7) In this section— operational reserve see the Land Act 1994 , schedule 6 .
(a) ‘educational institution’; or
(b) ‘university’.
pt.5-div.3
Finance
Finance
sec.50
University is statutory body under the Financial Accountability Act 2009
sec.50 University is statutory body under the Financial Accountability Act 2009
To remove any doubt, it is declared that the university is a statutory body under the Financial Accountability Act 2009 .
s 50 amd 2009 No. 9 s 136 sch 1
sec.51
University is statutory body under the Statutory Bodies Financial Arrangements Act 1982
sec.51 University is statutory body under the Statutory Bodies Financial Arrangements Act 1982
Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.
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 .
(sec.51-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.
(sec.51-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 .
sec.52
Trust funds
sec.52 Trust funds
The university may establish or administer trust funds.
sec.53
Investment common fund
sec.53 Investment common fund
The university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.
The university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.
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.
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.
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.
(sec.53-ssec.1) The university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.
(sec.53-ssec.2) The university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.
(sec.53-ssec.3) The university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.
(sec.53-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.
(sec.53-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.
(a) add a part of the income of the investment common fund to the fund’s capital; or
(b) use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.
sec.54
Application of revenue
sec.54 Application of revenue
Subject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.
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.
(sec.54-ssec.1) Subject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.
(sec.54-ssec.2) To remove any doubt, each of the following purposes is a university purpose— enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere; the advancement of learning generally; helping a body affiliated or associated with the university.
(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;
(b) the advancement of learning generally;
(c) helping a body affiliated or associated with the university.
sec.55
Financial review
sec.55 Financial review
The council must, in each year, adopt a budget for the university for the next year.
In framing the budget the council need not take account of amounts mentioned in subsection (4) .
The council must control its spending as nearly as possible within the limits of the approved budget.
The council must undertake an annual review of—
amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and
the spending of the amounts.
(sec.55-ssec.1) The council must, in each year, adopt a budget for the university for the next year.
(sec.55-ssec.2) In framing the budget the council need not take account of amounts mentioned in subsection (4) .
(sec.55-ssec.3) The council must control its spending as nearly as possible within the limits of the approved budget.
(sec.55-ssec.4) The council must undertake an annual review of— amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and the spending of the amounts.
(a) amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and
(b) the spending of the amounts.
sec.56
University’s financial year
sec.56 University’s financial year
The university’s financial year is a calendar year.
pt.6
sec.57
Section sec.57
s 57 amd 2005 No. 18 s 23 ; 2017 No. 36 s 10
om 2017 No. 36 s 102
sec.58
Section sec.58
s 58 om 2017 No. 36 s 102
sec.59
Section sec.59
s 59 om 2017 No. 36 s 102
sec.60
Section sec.60
s 60 om 2017 No. 36 s 102
pt.7
Miscellaneous
Miscellaneous
sec.61
Forming and taking part in corporations
sec.61 Forming and taking part in corporations
The university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following—
making available facilities for study, research or education;
providing teaching, research, development, consultancy or other services for public or private entities;
helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;
preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;
exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;
seeking or encouraging gifts to the university or for the university’s purposes;
another object, consistent with this Act, that the council considers is appropriate in the circumstances.
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.
This section applies despite the Corporations Act .
s 61 amd 2001 No. 45 s 29 sch s 2 – 3 ; 2005 No. 18 s 24
(sec.61-ssec.1) The university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following— making available facilities for study, research or education; providing teaching, research, development, consultancy or other services for public or private entities; helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research; preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software; exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else; seeking or encouraging gifts to the university or for the university’s purposes; another object, consistent with this Act, that the council considers is appropriate in the circumstances.
(sec.61-ssec.2) The university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.
(sec.61-ssec.3) This section applies despite the Corporations Act .
(a) making available facilities for study, research or education;
(b) providing teaching, research, development, consultancy or other services for public or private entities;
(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;
(d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;
(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;
(f) seeking or encouraging gifts to the university or for the university’s purposes;
(g) another object, consistent with this Act, that the council considers is appropriate in the circumstances.
sec.62
Use of facilities and staff
sec.62 Use of facilities and staff
The 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.
sec.62A
Protection from liability
sec.62A Protection from liability
A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.
If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.
s 62A ins 2005 No. 18 s 25
(sec.62A-ssec.1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.
(sec.62A-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.
sec.62B
Report about person’s criminal history
sec.62B Report about person’s criminal history
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.
To decide whether a person is eligible to be the chancellor, vice-chancellor or president, or an elected or additional member, the council may ask the commissioner of the police service for—
a written report about the person’s criminal history; and
a brief description of the circumstances of a conviction mentioned in the criminal history.
The commissioner of the police service must comply with a request under subsection (1) or (2) .
However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.
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.
The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
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.
s 62B ins 2005 No. 18 s 25
(sec.62B-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.
(sec.62B-ssec.2) To decide whether a person is eligible to be the chancellor, vice-chancellor or president, or an elected or additional member, the council may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.62B-ssec.3) The commissioner of the police service must comply with a request under subsection (1) or (2) .
(sec.62B-ssec.4) However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.
(sec.62B-ssec.5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.
(sec.62B-ssec.6) The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(sec.62B-ssec.7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.
(a) a written report about the person’s criminal history; and
(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
(a) a written report about the person’s criminal history; and
(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
sec.62C
Delegation by Minister
sec.62C Delegation by Minister
The Minister may delegate the Minister’s power under section 62B (1) to an appropriately qualified officer of the department.
s 62C ins 2005 No. 18 s 25
sec.62D
Requirement to disclose particular matters
sec.62D Requirement to disclose particular matters
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 40C (1) (b) .
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.
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.
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.
s 62D ins 2017 No. 36 s 11
amd 2017 No. 36 sch 1 pt 2
(sec.62D-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 40C (1) (b) .
(sec.62D-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to— if the person is the chancellor when disqualified or convicted—the vice-chancellor; or if the person is an appointed member when disqualified or convicted—the Minister; or otherwise—the chancellor. Maximum penalty—100 penalty units.
(sec.62D-ssec.3) The notice must include the following information— if the notice is of the person’s disqualification— the existence of the disqualification; and when the disqualification took effect; and sufficient details to identify the grounds for the disqualification; if the notice is of the person’s conviction— the existence of the conviction; and when the offence was committed; and sufficient details to identify the offence; and the sentence imposed on the person.
(sec.62D-ssec.4) The Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.
(a) is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(b) is convicted of an indictable offence mentioned in section 24 (1) (i) or 40C (1) (b) .
(a) if the person is the chancellor when disqualified or convicted—the vice-chancellor; or
(b) if the person is an appointed member when disqualified or convicted—the Minister; or
(c) otherwise—the chancellor.
(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;
(i) the existence of the disqualification; and
(ii) when the disqualification took effect; and
(iii) sufficient details to identify the grounds for the disqualification;
(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.
(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.
(i) the existence of the disqualification; and
(ii) when the disqualification took effect; and
(iii) sufficient details to identify the grounds for the disqualification;
(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.
sec.62E
Restrictions on disclosing protected information
sec.62E Restrictions on disclosing protected information
This section applies to a person who possesses protected information because the person is or was—
the Minister; or
a member; or
a person involved in the administration of this Act, including, for example, as a public service employee; or
a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.
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.
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.
Also, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions—
the council;
a committee of the council;
a member;
another person.
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 62B ; or
a notice, or information contained in a notice, given under section 62D .
s 62E ins 2017 No. 36 s 11
(sec.62E-ssec.1) This section applies to a person who possesses protected information because the person is or was— the Minister; or a member; or a person involved in the administration of this Act, including, for example, as a public service employee; or a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.
(sec.62E-ssec.2) The person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) . Maximum penalty—100 penalty units.
(sec.62E-ssec.3) The person may disclose the protected information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.
(sec.62E-ssec.4) Also, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions— the council; a committee of the council; a member; another person.
(sec.62E-ssec.5) In this section— function includes power. perform , a function, includes exercise a power. protected information means— a report, or information contained in a report, given under section 62B ; or a notice, or information contained in a notice, given under section 62D .
(a) the Minister; or
(b) a member; or
(c) a person involved in the administration of this Act, including, for example, as a public service employee; or
(d) a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.
(a) to the extent necessary to perform the person’s functions under this Act; or
(b) if the disclosure is authorised under an Act; or
(c) if the disclosure is otherwise required or permitted by law; or
(d) if the person to whom the information relates consents to the disclosure; or
(e) if the disclosure is in a form that does not identify the person to whom the information relates; or
(f) if the information is, or has been, lawfully accessible to the public.
(a) the council;
(b) a committee of the council;
(c) a member;
(d) another person.
(a) a report, or information contained in a report, given under section 62B ; or
(b) a notice, or information contained in a notice, given under section 62D .
sec.63
Control of traffic and conduct on university land
sec.63 Control of traffic and conduct on university land
Schedule 1 has effect.
sec.64
Regulation-making power
sec.64 Regulation-making power
The Governor in Council may make regulations under this Act.
sec.65
Repealed Act references
sec.65 Repealed Act references
In an Act or document, a reference to the Central Queensland University Act 1989 may, if the context permits, be taken to be a reference to this Act.
pt.8
Repeal and transitional provisions
Repeal and transitional provisions
pt.8-div.1
Repeal provision, and transitional provisions before the University Legislation Amendment Act 2005
Repeal provision, and transitional provisions before the University Legislation Amendment Act 2005
sec.66
Definitions for div 1
sec.66 Definitions for div 1
In this division—
appointed member ...
s 66 def appointed member om 1998 No. 47 s 84 (1)
commencing day means the day the provision in which the term is used commences.
s 66 def commencing day sub 2005 No. 18 s 165 sch
continuing corporation , for a former corporation, means—
for the university established under the repealed Act—the university established under section 4; or
for the union—the student association.
ex-officio member ...
s 66 def ex-officio member om 1998 No. 47 s 84 (1)
former corporation means the university established under the repealed Act or union.
previous council means the council of the university established under the repealed Act.
s 66 def previous council ins 1998 No. 47 s 84 (2)
repealed Act means the Central Queensland University Act 1989 .
union means the union established under the repealed Act.
s 66 amd 2005 No. 18 s 165 sch
(a) for the university established under the repealed Act—the university established under section 4; or
(b) for the union—the student association.
sec.67
Repeal
sec.67 Repeal
The Central Queensland University Act 1989 is repealed.
sec.68
Continuation of university and union
sec.68 Continuation of university and union
The university established under the repealed Act is continued as the university established under section 4.
The union is continued as the student association established under section 34.
(sec.68-ssec.1) The university established under the repealed Act is continued as the university established under section 4.
(sec.68-ssec.2) The union is continued as the student association established under section 34.
sec.69
Assets and liabilities
sec.69 Assets and liabilities
On the commencing day—
the assets and liabilities of a former corporation continue to be the assets and liabilities of the continuing corporation for the former corporation; and
any property that, immediately before the commencing day, was held in trust by a former corporation continues to be held by the continuing corporation for the former corporation on the same trusts.
(a) the assets and liabilities of a former corporation continue to be the assets and liabilities of the continuing corporation for the former corporation; and
(b) any property that, immediately before the commencing day, was held in trust by a former corporation continues to be held by the continuing corporation for the former corporation on the same trusts.
sec.70
Contracts
sec.70 Contracts
Any contracts entered into by or on behalf of a former corporation and all guarantees, undertakings and securities given by or on behalf of or to a former corporation, in force immediately before the commencing day are taken to have been entered into or given by or to the continuing corporation for the former corporation and may be enforced against or by the continuing corporation accordingly.
sec.71
Proceedings
sec.71 Proceedings
A proceeding that could have been started or continued by or against a former corporation before the commencing day may be started or continued by or against the continuing corporation for the former corporation.
sec.72
Chancellor, deputy chancellor and vice-chancellor
sec.72 Chancellor, deputy chancellor and vice-chancellor
This section applies to a person who, immediately before the commencing day, held office as the chancellor, deputy chancellor or vice-chancellor of the university established under the repealed Act.
On the commencing day, the person is taken to hold office as chancellor, deputy chancellor or vice-chancellor of the university until the end of the person’s term of office or earlier vacating office.
s 72 sub 1998 No. 47 s 85
(sec.72-ssec.1) This section applies to a person who, immediately before the commencing day, held office as the chancellor, deputy chancellor or vice-chancellor of the university established under the repealed Act.
(sec.72-ssec.2) On the commencing day, the person is taken to hold office as chancellor, deputy chancellor or vice-chancellor of the university until the end of the person’s term of office or earlier vacating office.
sec.73
Appointed members of council
sec.73 Appointed members of council
This section applies to a person who, immediately before the commencing day, held office as a member of the previous council under section 8(1)(h) of the repealed Act.
On the commencing day, the person is taken to be a member of the council under section 14(1).
A member of the council mentioned in this section holds office until 11 June 2001 or earlier vacating office.
s 73 prev s 73 exp 11 June 1998 (see s 73(5))
pres s 73 ins 1998 No. 47 s 85
(sec.73-ssec.1) This section applies to a person who, immediately before the commencing day, held office as a member of the previous council under section 8(1)(h) of the repealed Act.
(sec.73-ssec.2) On the commencing day, the person is taken to be a member of the council under section 14(1).
(sec.73-ssec.3) A member of the council mentioned in this section holds office until 11 June 2001 or earlier vacating office.
sec.73A
Elected members of council
sec.73A Elected members of council
This section applies to a person who, immediately before the commencing day, held office as a member of the previous council under section 8(1)(d), (e), (f) or (g) of the repealed Act.
On the commencing day—
a person who held office under section 8(1)(d) of the repealed Act is taken to be a member of the council under section 15(2)(a); and
the person who held office under section 8(1)(e) of the repealed Act is taken to be the member of the council under section 15(2)(b); and
the person, not being the president of the union, who held office under section 8(1)(f) of the repealed Act is taken to be the member of the council under section 15(2)(c); and
Section 8(1)(f) of the repealed Act—
2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;
Under the university’s statutes made under the repealed Act, the 2 members of the council who were enrolled students of the university consisted of the president of the union who was appointed to the council and another student elected to the council. This section provides a transitional arrangement for the student elected to the council.
a person who held office under section 8(1)(g) of the repealed Act is taken to be a member of the council under section 15(2)(d).
A member mentioned in subsection (2) holds office as a member of the council until 11 June 2001 or earlier vacating office.
Subsection (3) applies despite section 19.
s 73A ins 1998 No. 47 s 85
(sec.73A-ssec.1) This section applies to a person who, immediately before the commencing day, held office as a member of the previous council under section 8(1)(d), (e), (f) or (g) of the repealed Act.
(sec.73A-ssec.2) On the commencing day— a person who held office under section 8(1)(d) of the repealed Act is taken to be a member of the council under section 15(2)(a); and the person who held office under section 8(1)(e) of the repealed Act is taken to be the member of the council under section 15(2)(b); and the person, not being the president of the union, who held office under section 8(1)(f) of the repealed Act is taken to be the member of the council under section 15(2)(c); and Section 8(1)(f) of the repealed Act— 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes; Under the university’s statutes made under the repealed Act, the 2 members of the council who were enrolled students of the university consisted of the president of the union who was appointed to the council and another student elected to the council. This section provides a transitional arrangement for the student elected to the council. a person who held office under section 8(1)(g) of the repealed Act is taken to be a member of the council under section 15(2)(d).
(sec.73A-ssec.3) A member mentioned in subsection (2) holds office as a member of the council until 11 June 2001 or earlier vacating office.
(sec.73A-ssec.4) Subsection (3) applies despite section 19.
(a) a person who held office under section 8(1)(d) of the repealed Act is taken to be a member of the council under section 15(2)(a); and
(b) the person who held office under section 8(1)(e) of the repealed Act is taken to be the member of the council under section 15(2)(b); and
(c) the person, not being the president of the union, who held office under section 8(1)(f) of the repealed Act is taken to be the member of the council under section 15(2)(c); and Editor’s note— Section 8(1)(f) of the repealed Act— (f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes; Under the university’s statutes made under the repealed Act, the 2 members of the council who were enrolled students of the university consisted of the president of the union who was appointed to the council and another student elected to the council. This section provides a transitional arrangement for the student elected to the council.
(f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;
(f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;
(d) a person who held office under section 8(1)(g) of the repealed Act is taken to be a member of the council under section 15(2)(d).
(f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;
(f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;
(f) 2 members, each of whom is an enrolled student of the university, elected or appointed in the manner prescribed by the statutes;
sec.73B
President of union
sec.73B President of union
This section applies to the person who, immediately before the commencing day, held office as the president of the union.
On the commencing day, the person is taken to hold office as president of the student association until the end of the person’s term of office or earlier vacating office.
s 73B ins 1998 No. 47 s 85
(sec.73B-ssec.1) This section applies to the person who, immediately before the commencing day, held office as the president of the union.
(sec.73B-ssec.2) On the commencing day, the person is taken to hold office as president of the student association until the end of the person’s term of office or earlier vacating office.
sec.74
Staff’s rights and entitlements
sec.74 Staff’s rights and entitlements
This section applies to a person who immediately before the commencing day was a staff member of a former corporation.
On the commencing day, the person is taken to be employed by the continuing corporation for the former corporation on the same conditions on which the person was employed by the former corporation.
In addition, the person—
keeps all rights accrued or accruing to the person as a staff member of the former corporation; and
is entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as a staff member of the former corporation.
Also, if the person is a member of the superannuation scheme under the Superannuation (State Public Sector) Act 1990 —
the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and
the person’s membership of the scheme is not affected.
(sec.74-ssec.1) This section applies to a person who immediately before the commencing day was a staff member of a former corporation.
(sec.74-ssec.2) On the commencing day, the person is taken to be employed by the continuing corporation for the former corporation on the same conditions on which the person was employed by the former corporation.
(sec.74-ssec.3) In addition, the person— keeps all rights accrued or accruing to the person as a staff member of the former corporation; and is entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as a staff member of the former corporation.
(sec.74-ssec.4) Also, if the person is a member of the superannuation scheme under the Superannuation (State Public Sector) Act 1990 — the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and the person’s membership of the scheme is not affected.
(a) keeps all rights accrued or accruing to the person as a staff member of the former corporation; and
(b) is entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as a staff member of the former corporation.
(a) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and
(b) the person’s membership of the scheme is not affected.
sec.75
University statutes and rules
sec.75 University statutes and rules
An existing instrument (to the extent that it is consistent with this Act) continues in force under this Act.
However, the instrument expires 1 year after the commencing day, unless sooner repealed.
In this section—
existing instrument means a university statute or rule made under the repealed Act and in force immediately before the commencing day.
(sec.75-ssec.1) An existing instrument (to the extent that it is consistent with this Act) continues in force under this Act.
(sec.75-ssec.2) However, the instrument expires 1 year after the commencing day, unless sooner repealed.
(sec.75-ssec.3) In this section— existing instrument means a university statute or rule made under the repealed Act and in force immediately before the commencing day.
sec.76
Convocation
sec.76 Convocation
The convocation established under the repealed Act and in existence immediately before the commencing day is taken to be the convocation established under this Act.
sec.77
Student association’s constitution
sec.77 Student association’s constitution
The union’s constitution in force immediately before the commencing day continues in force as the student association’s constitution under this Act.
sec.78
References to university or union
sec.78 References to university or union
A reference in an Act or document in existence immediately before the commencing day to a former corporation is a reference to the continuing corporation for the former corporation.
pt.8-div.2
Transitional provisions for the University Legislation Amendment Act 2005
Transitional provisions for the University Legislation Amendment Act 2005
sec.79
Definitions for div 2
sec.79 Definitions for div 2
In this division—
commencement means the commencement of the provision in which the term is used.
new additional members see section 85.
new appointed members see section 81(2).
pre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act 2005 , part 2 .
s 79 prev s 79 om 1998 No. 47 s 86
pres s 79 ins 2005 No. 18 s 26
sec.80
Continuation of official members
sec.80 Continuation of official members
Despite section 13, a person who was an official member under section 13(2)(c) or (e) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start.
s 80 ins 2005 No. 18 s 26
sec.81
Appointment of new appointed members
sec.81 Appointment of new appointed members
The Minister must, within 1 year after the commencement, recommend to the Governor in Council 5 persons for appointment, under section 14(2), as appointed members.
The Governor in Council may appoint the persons as appointed members (the new appointed members ).
s 81 ins 2005 No. 18 s 26
(sec.81-ssec.1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 5 persons for appointment, under section 14(2), as appointed members.
(sec.81-ssec.2) The Governor in Council may appoint the persons as appointed members (the new appointed members ).
sec.82
Continuation, and term of office, of appointed members
sec.82 Continuation, and term of office, of appointed members
This section applies to a person who was an appointed member immediately before the commencement.
Despite section 14(1), the person continues as an appointed member until—
the person’s term of office ends under subsection (3); or
the person’s office sooner becomes vacant.
Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start.
s 82 ins 2005 No. 18 s 26
(sec.82-ssec.1) This section applies to a person who was an appointed member immediately before the commencement.
(sec.82-ssec.2) Despite section 14(1), the person continues as an appointed member until— the person’s term of office ends under subsection (3); or the person’s office sooner becomes vacant.
(sec.82-ssec.3) Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start.
(a) the person’s term of office ends under subsection (3); or
(b) the person’s office sooner becomes vacant.
sec.83
Continuation of elected members
sec.83 Continuation of elected members
This section applies to a person who was an elected member immediately before the commencement.
Despite section 15(1) and (2), the person continues as an elected member until—
the person’s term of office ends under section 84; or
the person’s office sooner becomes vacant.
Despite section 19(1) and (2), the person’s term of office is 3 years.
s 83 ins 2005 No. 18 s 26
(sec.83-ssec.1) This section applies to a person who was an elected member immediately before the commencement.
(sec.83-ssec.2) Despite section 15(1) and (2), the person continues as an elected member until— the person’s term of office ends under section 84; or the person’s office sooner becomes vacant.
(sec.83-ssec.3) Despite section 19(1) and (2), the person’s term of office is 3 years.
(a) the person’s term of office ends under section 84; or
(b) the person’s office sooner becomes vacant.
sec.84
Ballot, and term of office, for elected members
sec.84 Ballot, and term of office, for elected members
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.
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.
The person’s term of office ends when the elected member mentioned in section 15(2)(a) of the post-amended Act is elected under the ballot.
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.
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.
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.
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.
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.
The person’s term of office ends when the new additional members’ terms of office start.
A person is taken to be elected under the ballot when the new appointed members’ terms of office start.
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.
Subsections (3), (5), (7) and (9) apply despite section 83(3).
In this section—
post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 2 .
s 84 ins 2005 No. 18 s 26
(sec.84-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.
(sec.84-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.
(sec.84-ssec.3) The person’s term of office ends when the elected member mentioned in section 15(2)(a) of the post-amended Act is elected under the ballot.
(sec.84-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.
(sec.84-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.
(sec.84-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.
(sec.84-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.
(sec.84-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.
(sec.84-ssec.9) The person’s term of office ends when the new additional members’ terms of office start.
(sec.84-ssec.10) A person is taken to be elected under the ballot when the new appointed members’ terms of office start.
(sec.84-ssec.11) 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.
(sec.84-ssec.12) Subsections (3), (5), (7) and (9) apply despite section 83(3).
(sec.84-ssec.13) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 2 .
sec.85
Appointment of new additional members
sec.85 Appointment of new additional members
The council must, within 1 year after the commencement, appoint 4 persons as additional members (the new additional members ) under section 16.
s 85 ins 2005 No. 18 s 26
sec.86
Continuation, and term of office, of additional members
sec.86 Continuation, and term of office, of additional members
A person who was an additional member immediately before the commencement continues as an additional member until—
the person’s term of office ends under subsection (2); or
the person’s office sooner becomes vacant.
Despite section 20, the person’s term of office ends when the new additional members’ terms of office start.
s 86 ins 2005 No. 18 s 26
(sec.86-ssec.1) A person who was an additional member immediately before the commencement continues as an additional member until— the person’s term of office ends under subsection (2); or the person’s office sooner becomes vacant.
(sec.86-ssec.2) Despite section 20, the person’s term of office ends when the new additional members’ terms of office start.
(a) the person’s term of office ends under subsection (2); or
(b) the person’s office sooner becomes vacant.
sec.87
Council need not include additional members
sec.87 Council need not include additional members
Despite section 12, the council need not include additional members before the new additional members’ terms of office start.
s 87 ins 2005 No. 18 s 26
sec.88
Dealing with casual vacancy in office of elected member
sec.88 Dealing with casual vacancy in office of elected member
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 84(1) is conducted.
For appointing or electing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 2 , had not commenced.
s 88 ins 2005 No. 18 s 26
(sec.88-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 84(1) is conducted.
(sec.88-ssec.2) For appointing or electing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 2 , had not commenced.
sec.89
Constitution of council
sec.89 Constitution of council
This section applies until the new appointed members’ terms of office start.
Despite section 17, the council is taken to be properly constituted when it has 12 or more members, whether they be additional, appointed, elected or official members.
s 89 ins 2005 No. 18 s 26
(sec.89-ssec.1) This section applies until the new appointed members’ terms of office start.
(sec.89-ssec.2) Despite section 17, the council is taken to be properly constituted when it has 12 or more members, whether they be additional, appointed, elected or official members.
pt.8-div.3
Transitional provisions for University Legislation Amendment Act 2017
Transitional provisions for University Legislation Amendment Act 2017
sec.90
Definition for division
sec.90 Definition for division
In this division—
previous , for a provision of this Act, means the provision as in force from time to time before the commencement.
s 90 ins 2017 No. 36 s 103
sec.91
Particular references to council election
sec.91 Particular references to council election
A reference in the following provisions to a council election includes a reference to a ballot under previous section 15(3)—
section 20A(2) and (3)(a);
schedule 2, definition elected member .
s 91 ins 2017 No. 36 s 103
(a) section 20A(2) and (3)(a);
(b) schedule 2, definition elected member .
sec.92
Repeal of university statutes
sec.92 Repeal of university statutes
This section applies to a university statute made under previous section 57 that was in force immediately before the commencement.
To remove any doubt, it is declared that, on the commencement, the university statute is repealed.
s 92 ins 2017 No. 36 s 103
(sec.92-ssec.1) This section applies to a university statute made under previous section 57 that was in force immediately before the commencement.
(sec.92-ssec.2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed.
sch.1-pt.1
Authorised persons
Authorised persons
sch.1-sec.1
Appointment
sch.1-sec.1 Appointment
The vice-chancellor may, in writing, appoint a person who the vice-chancellor is satisfied has the necessary training, or knowledge and experience, to be an authorised person under this Act.
sch.1-sec.2
Limitation of authorised person’s powers
sch.1-sec.2 Limitation of authorised person’s powers
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.
Notice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.
sch 1 s 2 amd 2005 No. 18 s 165 sch
(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.
(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.
(a) under a condition of appointment; or
(b) by notice of the vice-chancellor given to the authorised person.
sch.1-sec.3
Terms of appointment
sch.1-sec.3 Terms of appointment
An authorised person holds office on the conditions stated in the instrument of appointment.
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.
(sch.1-sec.3-ssec.1) An authorised person holds office on the conditions stated in the instrument of appointment.
(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.
(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
(b) may resign by signed notice given to the vice-chancellor.
sch.1-sec.4
Identity cards
sch.1-sec.4 Identity cards
The vice-chancellor must issue an identity card to each authorised person.
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.
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.
(sch.1-sec.4-ssec.1) The vice-chancellor must issue an identity card to each authorised person.
(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.
(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.
(a) contain a recent photograph of the authorised person; and
(b) be in a form approved by the vice-chancellor; and
(c) be signed by the authorised person.
sch.1-sec.5
Proof of authority
sch.1-sec.5 Proof of authority
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.
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.
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) .
(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.
(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.
(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) .
(a) first produces his or her identity card for inspection by the other person; or
(b) has his or her identity card displayed so that it is clearly visible.
sch.1-pt.2
Traffic control
Traffic control
sch.1-sec.6
Persons authorised to control traffic on university’s land
sch.1-sec.6 Persons authorised to control traffic on university’s land
An authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.
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.
(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.
(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.
sch.1-sec.7
Regulatory notice
sch.1-sec.7 Regulatory notice
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.
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.
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.
Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.
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.
A regulatory notice erected or displayed under this section must be easily visible to passers-by.
(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.
(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.
(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.
(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.
(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.
(sch.1-sec.7-ssec.6) A regulatory notice erected or displayed under this section must be easily visible to passers-by.
(a) fixing a maximum speed limit; or
(b) indicating a pedestrian crossing; or
(c) indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.
(a) must state the limits of the area to which the notice applies; and
(b) may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.
sch.1-sec.8
Information notices
sch.1-sec.8 Information notices
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.
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.
An information notice may contain any other information the vice-chancellor considers appropriate.
An information notice erected or displayed under this section must be easily visible to passers-by.
In this section—
regulatory notice does not include an official traffic sign.
(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.
(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.
(sch.1-sec.8-ssec.3) An information notice may contain any other information the vice-chancellor considers appropriate.
(sch.1-sec.8-ssec.4) An information notice erected or displayed under this section must be easily visible to passers-by.
(sch.1-sec.8-ssec.5) In this section— regulatory notice does not include an official traffic sign.
sch.1-sec.9
Removal and detention of illegally parked or abandoned vehicles
sch.1-sec.9 Removal and detention of illegally parked or abandoned vehicles
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.
The vehicle must be held at a safe place.
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.
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.
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.
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.
In this section—
vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
sch 1 s 9 amd 2005 No. 18 s 165 sch
(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.
(sch.1-sec.9-ssec.2) The vehicle must be held at a safe place.
(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.
(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.
(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.
(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.
(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.
(a) is parked in contravention of a regulatory notice; or
(b) is abandoned.
(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
(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.
(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.
(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.
sch.1-sec.10
Disposal of unclaimed vehicles
sch.1-sec.10 Disposal of unclaimed vehicles
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) .
After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.
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.
Compensation is not recoverable against the university for the sale of a vehicle under this section.
In this section—
vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
(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) .
(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.
(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.
(sch.1-sec.10-ssec.4) Compensation is not recoverable against the university for the sale of a vehicle under this section.
(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.
(a) identify the vehicle; and
(b) state that the vehicle is to be sold by auction; and
(c) state how the owner may recover the vehicle before the auction; and
(d) state the time and place of the auction.
sch.1-sec.11
Application of proceeds of sale
sch.1-sec.11 Application of proceeds of sale
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.
Compensation is not recoverable against the university for a payment under this section.
sch 1 s 11 amd 2010 No. 44 s 72
(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.
(sch.1-sec.11-ssec.2) Compensation is not recoverable against the university for a payment under this section.
(a) in payment of the reasonable expenses incurred in the sale;
(b) in payment of the reasonable cost of seizing, removing and holding the vehicle;
(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;
(d) in payment of any balance to the owner.
sch.1-pt.3
Conduct on university land
Conduct on university land
sch.1-sec.12
Conduct causing a public nuisance
sch.1-sec.12 Conduct causing a public nuisance
A person must not be disorderly or create a disturbance on the university’s land.
Maximum penalty—20 penalty units.
sch.1-sec.13
Power to deal with persons causing a public nuisance
sch.1-sec.13 Power to deal with persons causing a public nuisance
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.
The authorised person may direct the person to leave the university’s land or a part of the university’s land.
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.
(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.
(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.
(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.
(a) finds a person contravening section 12 ; or
(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
(c) has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or
(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
(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
(f) reasonably believes that a person is on the land without lawful justification or excuse.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Central Queensland University Act 1998 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
pt.2 The university and its council
The university and its council
pt.2-div.1 University establishment and general functions and powers
University establishment and general functions and powers
sec.4 Establishment of university
sec.4 Establishment of university
The Central Queensland University is established.
The university—
is a body corporate; and
has a seal; and
may sue and be sued in its corporate name.
(sec.4-ssec.1) The Central Queensland University is established.
(sec.4-ssec.2) The university— is a body corporate; and has a seal; and may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.5 Functions of university
sec.5 Functions of university
The university’s functions are—
to provide education at university standard; and
to provide facilities for, and encourage, study and research; and
to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and
to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and
to confer higher education awards; and
to disseminate knowledge and promote scholarship; and
to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
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
to perform other functions given to the university under this or another Act.
(a) to provide education at university standard; and
(b) to provide facilities for, and encourage, study and research; and
This description states what the Act does in legal terms; the text contains amendment annotations (for example changes introduced by 2005 No. 18 and 2017 No. 36) and cross‑references to external statutes used in interaction (e.g. Corporations Act, Land Act 1994, Statutory Bodies Financial Arrangements Act 1982, Personal Property Securities Act 2009), which are relied on within the Act (see ss 40B, 49, 51; sch 1‑s 11).
Main concepts
The Act revolves around a small set of controlling concepts: institutional objects and powers, governance structure, member duties and removal, property/trust administration, financial controls, interaction with state and federal laws, and site‑level conduct controls.
Institutional objects and powers: The university’s functions are set out in s 5 and include delivering higher education, promoting research and scholarship, conferring awards, providing wellbeing resources, and the explicit power to commercially exploit university facilities, research or knowledge for the university’s benefit (s 5(h)). The university has “all the powers of an individual” and may exercise its powers outside Queensland and outside Australia (s 6(1), (3)-(4)). Those are broad enabling clauses that underpin contracting, corporate participation and property transactions (ss 6, 61).
Governance structure: Governance is anchored in the council, designated the governing body (s 8). Council composition is layered: official members (chancellor, vice‑chancellor, president of the academic board) (s 13), five appointed members chosen by the Governor in Council (s 14), three elected members from staff and students (s 15), and four additional members appointed by the council with at least two graduates (s 16). The council may delegate many powers but may not delegate the power to make an election policy or to adopt the annual budget (s 11).
Member duties and removal: Members have a statutory function to ensure the council performs appropriately and must act honestly, exercise reasonable skill, disclose conflicts and not misuse position or information (s 26A). The council may remove a member if at least 10 members are satisfied the member has not complied with section 26A(2) or a conduct obligation (s 26B). Similar removal provisions apply to chancellor, vice‑chancellor and president (s 40D), and the council may remove the vice‑chancellor notwithstanding contractual terms (s 40E), though compensation entitlements are preserved in a defined way.
Property, trusts and funds: The Act contains a trust‑scheme mechanism allowing the council to repurpose property held for a donor’s stated purpose where the donor’s purpose is achieved, impossible, impracticable, uncertain, or the property is inadequate (s 42). The council must prefer a designated purpose as similar as practicable to the donor’s purpose (s 43) and must keep the scheme in writing and available on request (s 42(3)-(4)). The university may maintain trust funds and an investment common fund for pooled investment and distribution among component funds, with specific rules about income distribution and capitalisation (s 52-53).
Financial and statutory‑body status: The university is declared a statutory body under the Financial Accountability Act 2009 (s 50) and under the Statutory Bodies Financial Arrangements Act 1982 (s 51), which imposes state financial governance regimes on the university. The council must adopt an annual budget and control spending within it, and must review bequests, donations and special grants annually (s 55). The university’s financial year is the calendar year (s 56).
Interaction with external law and corporate activity: The Act explicitly interacts with other legislation. The academic board and student association are declared excluded matters under the Corporations Act in specific respects (s 40B). The university may form or participate in corporations whose objects are consistent with university functions and the section applies despite the Corporations Act (s 61). State land dealings are subject to the Land Act 1994, but the university may grant interests only by lease and trustee leases subject to operational reserves may run up to 100 years (s 49).
Site control and authorised persons: Schedule 1 establishes appointment, identity and limitation rules for authorised persons (sch 1‑ss 1-5) and grants them powers to control traffic, give directions, require compliance with regulatory notices, seize and detain vehicles parked contrary to notices or abandoned, and sell unclaimed vehicles with specified application of proceeds (sch 1‑ss 6-11). There are criminal penalties for failing to comply with directions and for disorderly conduct on university land (sch 1‑ss 6, 7, 12-13).
Information, criminal history and disclosure: The Act provides for criminal history checks to inform appointments (s 62B), requires the destruction of such reports when no longer needed (s 62B(6)), imposes a duty on members to disclose disqualifying matters and convictions with a maximum penalty of 100 penalty units (s 62D), and restricts disclosure of protected information subject to specified exceptions and a maximum penalty (s 62E).
These concepts are the scaffolding that allocates who decides (council, Minister, Governor in Council, vice‑chancellor), who pays (for example owners of impounded vehicles must pay removal/holding costs under sch 1‑s 9(6)), and how internal accountability and external legal frameworks are woven into the university’s operation.
Who it affects
The Act affects multiple distinct groups and classes of actors; it is beneficial to map these to the specific provisions.
University governance actors
Council members: official, appointed, elected and additional members are directly regulated in membership, eligibility, terms and removal (ss 12-20, 26A-26C, 26B). Duties and disclosure obligations (s 26A; s 62D) bind them and non‑compliance can lead to removal (s 26B) or penalties for failing to disclose (s 62D).
Senior officers: chancellor, deputy chancellor, vice‑chancellor and president of the academic board have specific appointment, term and removal rules (ss 30-32, 40A, 40C-40F). The vice‑chancellor is the chief executive and can delegate powers (s 32). The council may remove the vice‑chancellor despite contractual terms (s 40E), though compensation entitlements are preserved in defined circumstances.
Students and student association
Students: they are both members of the student association (s 35) and a category for election to the council (s 15(2)(c)). Student association constitution must be approved by council (s 38), and the student association is a corporate body with powers (ss 34, 37).
Student association officers: the transition provisions preserve the union’s constitution and president where applicable (ss 73B, 77).
Staff
Academic and general staff: they form election classes for council representation (s 15). Staff employment continuity and accrued rights are protected on transition from the repealed Act (s 74).
Donors, beneficiaries and trustees
Donors and trust beneficiaries: property held on trust and donor restrictions are addressed by the council’s power to set designated purposes and schemes where donor purposes cannot be met or are spent/insufficient (ss 42-46). Beneficiaries receive statutory protections like written schemes and notices (ss 42, 45).
Third parties and commercial partners
Contractors, consultants and corporations: the university may enter contracts, form corporations, participate in joint ventures and commercially exploit IP and research (ss 6, 61). Corporate interaction is permitted “despite the Corporations Act” for the enumerated objects (s 61).
Providers of services using university facilities: the university may enter arrangements to provide use of facilities and staff services (s 62).
Government and regulatory actors
Minister and Governor in Council: the Governor in Council appoints appointed members (s 14) on recommendation by the Minister (s 81 transitional); the Minister may recommend and the Minister may extend terms of office (s 26C) and give notices about restoration after conviction for appointed members (s 25).
Commissioner of police: the Minister and council may request (with written consent) the commissioner to provide criminal history reports for appointment decisions (s 62B); the commissioner must comply with requests (s 62B(3)).
Members of the public and visitors to university land
Members of the public and vehicle owners: subject to regulatory notices and authorised person directions on university land (sch 1‑ss 6-8). Vehicle owners can have vehicles seized and sold if parked contrary to notices or abandoned; they are liable for seizure and removal costs where the vehicle was parked in contravention (sch 1‑ss 9-11).
Financial stakeholders
Creditors and secured parties: sale proceeds of unclaimed vehicles are applied in order to satisfy sale expenses, seizure and holding costs, and any amounts owed under registered security interests pursuant to the Personal Property Securities Act 2009 (sch 1‑s 11).
State budgetary and financial oversight agencies: the university is captured by state statutory body financial legislation (ss 50-51), bringing it within particular state financial controls and arrangements.
Legal and compliance officers
University legal/compliance staff: required to manage election policy (26AA-26AC), to adopt and enforce trust schemes (ss 42-46), to maintain and destroy criminal history reports (s 62B(6)), and to ensure notices of disqualification are destroyed when no longer needed (s 62D(4)).
Overall, the Act creates regulatory obligations and rights affecting governance participants, students and staff, donors, commercial partners and visitors to university property, while importing specific interactions with state and federal legal regimes that will affect financial and corporate counterparties.
Key duties and rights
This Act establishes a set of statutory duties for governance participants, operational rights for the university as corporate actor, and discrete rights/obligations for third parties.
Council and member duties and rights
Council as governing body: the council is the governing body and has functions conferred under this or another Act; it must act to promote the university’s interests (ss 8, 10). The council may exercise any power necessary or convenient to perform its functions and, in particular, appoint staff and manage affairs, property and finances (s 9).
Members’ duties: each member must act honestly and in the best interests of the university, exercise reasonable skill, care and diligence, disclose conflicts and not misuse position or information for advantage (s 26A(2)). The member’s primary function is ensuring the council performs appropriately, effectively and efficiently (s 26A(1)).
Removal: the council may remove an elected, appointed or additional member if at least 10 members are satisfied of non‑compliance with s 26A(2) or a conduct obligation, with obligations to give notice and reasons and to notify the Minister for appointed members (s 26B). The chancellor, vice‑chancellor and president are subject to the same removal mechanics (s 40D).
Appointment and eligibility
Appointed members: the Governor in Council appoints five appointed members on the Minister’s recommendation (s 14; transitional s 81). Eligibility is disqualified by a Corporations Act disqualification or certain convictions, with a 12‑year maximum membership rule save for majority waiver (s 23).
Elected members: three elected members are required from specified classes (s 15). The council must make and publish an election policy that ensures voting integrity, secret ballot, appropriate eligibility and complaint handling and must publish that policy on the university’s website (ss 26AA-26AB). The Act specifies detailed election continuity rules for casual vacancies (s 20A) and failure to elect (s 21).
Vice‑chancellor and delegation
Vice‑chancellor as chief executive: the council appoints a vice‑chancellor, who is the chief executive officer and may exercise functions conferred by statute or council, and may delegate powers to appropriately qualified staff (s 32). The council may delegate its powers to qualified members, committees or staff, but cannot delegate making election policy or adopting the annual budget (s 11).
Property, trust and donor duties
Trust and donor scheme duties: where property is held on trust for a donor’s purpose and the council determines that the donor’s purpose is fulfilled, impossible, uncertain or property is inadequate, the council may set up a written scheme for a designated purpose (s 42). The council must prefer a designated purpose as nearly similar as practicable to the donor’s purpose and practically achievable (s 43), and must provide copies of the scheme upon request and give the registrar of titles for land schemes (ss 42(3)-(4), 45).
Investment common fund: the university may pool trust funds for collective investment and must distribute income periodically in proportion to each component fund, with specified exceptions and permitted treatments of income and capitalisation (s 53).
Financial duties and rights
Statutory body status and budgeting: the university is a statutory body under state financial legislation (ss 50-51). The council must adopt an annual budget and control spending as nearly as possible to that approved budget, and must annually review bequests, donations and special grants and their use (s 55).
Application of revenue: amounts received by the university must be applied solely to university purposes subject to trust terms; the Act expressly identifies enabling study and research, advancement of learning and helping affiliated bodies as university purposes (s 54).
Information, confidentiality and disclosure
Criminal history checks and confidentiality: the Minister and council may request criminal history reports from the commissioner of police for appointment decisions with the person’s written consent; the commissioner must comply (s 62B). Such reports must be destroyed as soon as practicable after no longer needed (s 62B(6)). Protected information so obtained is subject to tight non‑disclosure rules with specific exceptions and a maximum penalty of 100 penalty units (s 62E).
Member disclosure obligations: a member who becomes disqualified under Corporations Act part 2D.6 or is convicted of an indictable offence must immediately give notice to the appropriate officer (chancellor, vice‑chancellor or Minister) with detailed content requirements; failure to do so carries a maximum penalty of 100 penalty units (s 62D).
Site control and public obligations
Authorised persons and traffic control: authorised persons appointed by the vice‑chancellor have specified powers and must carry identity cards (sch 1‑ss 1-5). They may control traffic, issue directions and enforce regulatory notices; failure to comply with those directions or regulatory notices is an offence with penalties up to 10 penalty units (sch 1‑ss 6-7).
Seizure and sale of vehicles: authorised persons may seize vehicles parked contrary to regulatory notices or abandoned, hold them safely and notify owners; unclaimed vehicles may be sold at public auction after specified notice periods and proceeds applied in a prescribed order (sch 1‑ss 9-11).
Immunity and liability
Member protection and university liability: a member is not civilly liable for an act done honestly and without negligence under the Act; if civil liability would otherwise be prevented, the liability attaches to the university instead (s 62A).
These duties and rights allocate accountability to individual members, operational authority to the council and vice‑chancellor, financial oversight to state frameworks and specific site‑level enforcement to authorised agents under schedule 1.
Penalties and enforcement
The Act blends administrative removal powers, pecuniary penalties, property forfeiture and statutory obligations backed by enforcement roles for council, authorised persons and state actors. The statutory penalty architecture is relatively modest in quantum but includes a high‑penalty disclosure offence.
Pecuniary penalties (specified in the text)
Disclosure failures: failure by a member to notify disqualification or certain convictions under s 62D carries a maximum penalty of 100 penalty units. This is the Act’s most substantial pecuniary sanction and is targeted at members’ disclosure obligations.
Protected information: unauthorised disclosure of protected information is an offence carrying a maximum penalty of 100 penalty units (s 62E). That provision restricts dissemination of police reports and notices under ss 62B and 62D.
Traffic and conduct penalties: failure to comply with an authorised person’s direction, or with regulatory notices on university land, attracts penalties up to 10 penalty units (sch 1‑ss 6(2), 7(2)). Disorderly or disturbance conduct on university land is punishable by up to 20 penalty units (sch 1‑s 12).
Identity card return: an authorised person who ceases to hold office must return identity card, with failure to do so attracting up to 10 penalty units (sch 1‑s 4(3)).
Enforcement and remedial mechanisms
Council removal powers: the council may remove an elected, appointed or additional member where at least 10 members are satisfied of non‑compliance with member duties or a conduct obligation (s 26B). Removal requires the council to give notice and reasons and to provide the Minister a copy where appointed members are removed (s 26B(2)). Removal takes effect on receipt of notice or a later date specified (s 26B(3)).
Senior officer removal: the council may remove the chancellor, vice‑chancellor or president where at least 10 members are satisfied the officer has not complied with s 26A(2) or a conduct obligation; removal requires notice and reasons and takes effect on receipt (ss 40D(1)-(3)).
Vice‑chancellor commercial consequences: the council may remove the vice‑chancellor despite contractual terms (s 40E(1)), but contractual compensation or other entitlements are preserved and recoverable only as if the appointment had been ended as permitted by the terms or the term of office had ended (s 40E(2)).
Traffic enforcement and property seizure: authorised persons may seize and detain vehicles parked in contravention of regulatory notices or abandoned (sch 1‑s 9). The university must notify owner within 14 days and owners of vehicles parked in contravention must pay costs demanded (sch 1‑s 9(4)-(6)). Unclaimed vehicles after two months may be auctioned after newspaper notice (sch 1‑s 10).
Application of sale proceeds: sale proceeds from unclaimed vehicles are applied first to sale expenses, then to seizure/removal/holding costs, then to amounts owing under registered security interests under the Personal Property Securities Act 2009, and finally to any balance to the owner (sch 1‑s 11). The university is not liable in compensation for payments or the sale (sch 1‑ss 10(4), 11(2)).
Procedural protections and confidentiality
Criminal history controls: the commissioner of police must comply with requests for criminal history reports for appointment decisions (s 62B(3)), but only with the written consent of the candidate (s 62B(4)). The Minister and council must destroy reports when no longer needed (s 62B(6)). Those safeguards limit dissemination and retention of sensitive information.
Protected information exceptions: disclosure of protected information is permitted where necessary to perform functions, authorised under an Act, required by law, consented to by the person concerned, anonymised, or already in public domain (s 62E(3)). The Minister, chancellor or vice‑chancellor may disclose protected information to council or committees for proper function performance (s 62E(4)).
Administrative discretion and oversight
The Act confers considerable discretion on the council: to determine academic board membership (s 40), adopt policies including election policy (s 26AA), set trust schemes (s 42), appoint additional members (s 16) and regulate its own proceedings (s 29). The Governor in Council and Minister retain appointment, restoration and extension powers (ss 14, 25, 26C), so a mix of internal and executive enforcement exists.
In sum, enforcement is a mix of administrative removals by the council, restrained pecuniary penalties for misconduct or non‑compliance, property seizure and sale for traffic contraventions on university land, and protection for confidential materials with substantial penalties for unauthorised disclosure. The Act builds procedural safeguards around criminal history information and sets out who must be given notices and when.
How it interacts with other laws
The Act contains numerous explicit cross‑references and carve‑outs that place the university inside a broader statutory matrix. Those interactions allocate regulatory responsibility, financial oversight, insolvency exceptions and criminal history rules.
Corporations Act and corporate matters
Excluded matters under Corporations Act: the academic board and student association are declared to be excluded matters for section 5F of the Corporations Act in relation to parts 5.7 and 5.7B (s 40B(1)-(2)). The section also lists specific parts and provisions of the Corporations Act such as duties and disqualification provisions, winding up provisions, and registrable body requirements that are relevant to the declared exclusions (s 40B). Separately, the university may form, be a member of or manage corporations for the stated objects and “this section applies despite the Corporations Act” (s 61). Those provisions indicate the legislature intended university entities to have certain corporate liberties and statutory exclusions that modify how some Corporations Act rules apply.
Disqualification from managing corporations: the Act adopts Corporations Act part 2D.6 disqualification concepts for eligibility to be a council member, chancellor, vice‑chancellor or president (ss 23, 40C). That imports federal corporate disqualification regimes into university governance eligibility.
Land law and State land
Land Act 1994: State land held by the university is subject to the Land Act 1994 (s 49(1)), though the university may grant interests in State land only by lease (s 49(2)). The Act permits trustee leases or subleases subject to operational reserve for up to 100 years, and treats reserve dedications referring to ‘educational institution’ or ‘university’ as including anything consistent with university functions under s 5 (s 49(3)-(5)). This aligns long‑term land use with university purposes while keeping relevant Land Act processes.
Financial oversight and statutory body regimes
Financial Accountability Act and Statutory Bodies Financial Arrangements Act: the Act declares the university a statutory body under the Financial Accountability Act 2009 (s 50) and under the Statutory Bodies Financial Arrangements Act 1982 (s 51). Those declarations place the university within state financial controls, borrowing and treasury reporting regimes. Section 51(2) notes part 2B of the Statutory Bodies Financial Arrangements Act modifies how the university’s powers are affected, indicating that this Act’s powers operate subject to state financial arrangements.
Criminal history and rehabilitation law
Criminal Law (Rehabilitation of Offenders) Act 1986: the definition of “criminal history” for the purposes of police reports excludes spent convictions and refers to that Act (s 62B(7)). The Commissioner of Police must comply with requests for reports where a person has provided written consent (s 62B(3)-(4)), and the reports must be destroyed when no longer needed (s 62B(6)). The Act therefore imports federal/state rehabilitation concepts and provides procedural protections.
Personal Property Securities and vehicle seizures
Personal Property Securities Act 2009 (Cwlth): sale proceeds from unclaimed vehicles are applied to satisfy any amounts owing under a registered security interest under the Personal Property Securities Act 2009 (sch 1‑s 11(1)(c)). That imports federal PPSA priority into the university’s disposal regime for seized vehicles.
Superannuation and staff rights
Superannuation (State Public Sector) Act 1990: staff who were members of the state superannuation scheme prior to transition keep entitlements and membership is not affected (s 74(4)). That preserves accrued pension rights through institutional change.
Acts Interpretation and Governor in Council powers
Acts Interpretation Act 1954: the council’s power to remove an appointed member does not limit Governor in Council powers under the Acts Interpretation Act (s 26B(4)). That signals retention of executive powers over appointments and removals in statutory interpretation and administrative law contexts.
Other interactions
The Act uses the Land Act, Corporations Act, Statutory Bodies Financial Arrangements Act, Financial Accountability Act and Personal Property Securities Act as part of its operational architecture. It also contains express “despite” clauses (s 61 “despite the Corporations Act”; s 49 “despite the Land Act 1994” in relation to trustee lease duration), and preservation clauses that declare the university a statutory body under particular state acts (ss 50-51). Those constructions ensure university functions are exercised within a specific, legislatively configured legal frame combining state financial oversight, selected federal insolvency/security regimes, and modified application of corporate law where the legislature has declared exclusions.
Practically, companies, financiers, donors, and land authorities must read those cross‑references to determine when state or federal legal norms apply and when the Act’s exceptions change the legal effect of instruments, such as leases running up to 100 years on operational reserves or the application of PPSA priorities to vehicle sales. The Act therefore creates a hybrid regulatory environment combining university autonomy with targeted statutory constraints and protections.
Amendment history
The text includes explicit amendment annotations and insertion notes that reveal the Act has been progressively updated. The annotations in the provided text identify several amendment instruments and insertion years; these are the source’s own notations and indicate legislative change points.
Key amendment and insertion annotations (as recorded in the text)
University Legislation Amendment Act 2005, No. 18: Numerous sections bear amendment or insertion annotations referencing 2005 No. 18. Examples include s 11 (amended , “s 11 amd 2005 No. 18 s 3”), s 13 (substituted , “s 13 sub 2005 No. 18 s 4”), s 14 (amended , “s 14 amd 2005 No. 18 s 5”), s 15 (amended , “s 15 amd 2005 No. 18 s 6”), s 16 (substituted , “s 16 sub 2005 No. 18 s 7”), s 17 (amended , “s 17 amd 2005 No. 18 s 8”), s 18 (amended , “s 18 amd 2005 No. 18 s 9”), s 19 (amended , “s 19 amd 2005 No. 18 s 10”), s 20 (substituted , “s 20 sub 2005 No. 18 s 11”), s 26A and s 26B (inserted/amended , “s 26A ins 2005 No. 18 s 16”; “s 26B ins 2005 No. 18 s 16”), and other structural changes set out in the transitional provisions (pt 8‑div 2, ss 79-89) referencing the 2005 amendment. The 2005 instrument also inserted matters relating to authorised persons and schedule changes (“sch 1 s 2 amd 2005 No. 18 s 165 sch”, etc).
University Legislation Amendment Act 2017, No. 36: The text records multiple insertions and amendments referencing 2017 No. 36, including election policy sections (s 26AA, 26AB, 26AC were inserted , “s 26AA ins 2017 No. 36 s 99”; “s 26AB ins 2017 No. 36 s 99”; “s 26AC ins 2017 No. 36 s 99”), additions to disclosure and protected information provisions (s 62D, s 62E have “ins 2017 No. 36 s 11”), and amendments to delegation/other sections (“s 11 amd 2017 No. 36 s 4 ; 2017 No. 36 s 94”). The 2017 amendments also enacted transitional provisions (pt 8‑div 3, ss 90-92).
Insertions in 2014: s 14A (University as a dual sector entity , VET qualified person requirement) is noted as inserted by 2014 No. 24 s 11 (“s 14A ins 2014 No. 24 s 11”).
Land Act related amendment 2011: s 49 has an amendment note “s 49 amd 2011 No. 39 s 4” reflecting interaction with Land Act changes.
Financial Accountability Act 2009: s 50 contains “s 50 amd 2009 No. 9 s 136 sch 1” to declare statutory body status.
Personal Property Securities Act interaction: sch 1‑s 11 amended by 2010 No. 44 s 72 to reference PPSA priorities.
Early insertions and repeals: the Act repealed the Central Queensland University Act 1989 under s 67, with transitional provisions (pt 8‑div 1) preserving continuity of assets, contracts, staff entitlements, and instruments (ss 68-77 show detailed transitional mechanics, including s 74 preserving staff entitlements and s 75 preserving existing instruments for up to one year).
2002 additions: s 20A (casual vacancy) and s 21 (failure to elect) were inserted or amended in 2002 No. 75 (annotations include “s 20A ins 2002 No. 75 s 4” and “s 21 amd 2002 No. 75 s 5”).
The source text includes numerous other occasional amendment notations across sections as to substitution, insertion and amending clauses. Those annotations indicate a pattern of iterative legislative change focused on governance modernisation (2005 instrument), election integrity and disclosure (2017 instrument), VET representation for dual sector status (2014), and aligning property/security/financial regimes with broader legislation (2010, 2011, 2009 amendments).
The transitional parts of the Act also reflect staged implementation of amendments and transitional arrangements for membership renewals and elections in the wake of the 2005 amendments (ss 80-89), and further transitional machinery for 2017 amendments (ss 90-92).
This listing reproduces the amendment annotations present in the Act text and indicates the main legislative intervention points recorded in the source.
Litigation history
The supplied text contains no case law, judicial decisions or litigation summaries. The Act’s text includes no references to particular cases or judicial consideration. Where the Act cross‑references other statutes (for example Corporations Act, Land Act 1994, Personal Property Securities Act 2009), it does so to import legal concepts, disqualifications or priorities, but does not cite or summarise any litigation about those interactions.
Practitioners seeking litigation history must consult judicial databases and reported decisions to identify any court consideration of the Act’s provisions, removal decisions under s 26B or s 40D, ministerial powers under ss 25/26C, or challenges to the trust‑scheme mechanism (ss 42-46) or vehicle seizure/sale practices (sch 1‑ss 9-11). The Act as supplied does not itself catalogue such cases.
Gotchas
The Act contains several provisions whose practical effects may be counter‑intuitive or carry material compliance risk. The following are concrete operational “gotchas” to note, with source citations.
Council has large discretionary power to repurpose donor‑restricted property (ss 42-46)
The council may change the use of property held on trust where the donor’s purpose is fulfilled, impossible, uncertain or the property is inadequate (s 42(1)-(2)). The council need only be “satisfied” of the listed conditions and must create a written scheme (s 42(2)-(3)). While the council must prefer a designated purpose as “as nearly similar as practicable” (s 43), the Act expressly states a scheme is not invalid merely because another designated purpose may have been more proper (s 43(2)). Donors and beneficiaries should note the council’s broad factual inquiry and limited judicially prescribed standard in the text.
Ministerial and executive appointment power and failure to elect fallback (ss 14, 21, 26C)
If no candidate is elected by the relevant day under the election policy, the Minister may appoint a person as the elected member (s 21). The Minister can also extend terms of office of all elected, appointed and additional members for up to one year if the Minister is satisfied it is in the university’s best interests and necessary for proper functioning (s 26C). Those executive powers can delay turnover and affect governance renewal.
Removal thresholds and notice timings are internal and rely on council majorities (ss 26B, 40D)
Removal of a member or senior officer requires at least 10 members be satisfied of non‑compliance with duties or a conduct obligation (s 26B(1), s 40D(1)). The Act does not set a separate procedural hearing regime; the council must give notice and reasons and provide the Minister a copy if an appointed member is removed (s 26B(2)). The council’s internal standards and the 10‑member threshold create an internal political dynamic that can affect senior officer tenure.
Vice‑chancellor may be removed despite contractual protections, but compensation is constrained (s 40E)
The council may remove the vice‑chancellor under s 40D notwithstanding the appointment terms (s 40E(1)). Compensation claims are preserved but are limited to outcomes as if the appointment were ended as permitted under the terms or the term of office had ended (s 40E(2)). That means removal may trigger contractual claims but within the Act’s prescribed construct.
Election integrity requirements are detailed and legally enforceable (ss 26AA-26AC)
The council must adopt and publish an election policy ensuring integrity and security, secret ballots, single voting, protections against improper influence, procedures for ballots and complaint resolution (s 26AA). Failure to comply with these procedural requirements could expose election decisions to challenge and can affect the validity of an elected member under the Act.
Criminal history checks and confidentiality impose retention and destruction duties (s 62B)
The council or Minister may request police criminal history reports only with the person’s written consent; the commission must comply but the statutory duty to destroy the report as soon as practicable after it is no longer needed imposes a retention limit (s 62B(3)-(6)). Mishandling could trigger protected information offences (s 62E).
Severe disclosure penalties for members (s 62D)
Members must immediately disclose if they become disqualified under Corporations Act part 2D.6 or convicted of certain indictable offences (s 62D(1)-(2)); failure attracts a maximum penalty of 100 penalty units (s 62D(2)). The scale of this penalty is significant relative to other Act penalties and requires robust compliance processes.
University may commercialise IP and form corporations “despite the Corporations Act” (ss 5(h), 61)
The university has explicit power to exploit research and knowledge commercially (s 5(h)) and to form or manage corporations with relevant objects despite the Corporations Act (s 61). Parties dealing with university subsidiaries should check institutional authorisations and council approvals, and note the statutory carve‑outs and exclusions set out in s 40B.
Traffic enforcement and vehicle seizure can occur without police involvement (sch 1‑ss 6-11)
Authorised persons appointed by the vice‑chancellor can seize and remove vehicles believed parked contrary to regulatory notices or abandoned, hold them, issue owner notices within 14 days and sell unclaimed vehicles after two months following notice (sch 1‑ss 9-10). Owners must pay costs demanded where the vehicle was parked in contravention (sch 1‑s 9(6)). Private vehicle owners transacting on campus should treat regulatory notices as enforceable statutory instruments.
Financial oversight by state legislation: statutory body status constrains borrowing and reporting (ss 50-51)
The university’s declared statutory body status brings state financial rules and borrowing restrictions into play (ss 50-51), which may affect corporate transactions, security granting and commercial arrangements.
These concrete provisions create compliance risks and operational levers that governance officers, legal counsel, donors, financiers and campus users need to incorporate into decision‑making and policy frameworks.
How to comply
Compliance under this Act requires attention to governance processes, documentation, disclosure and operational policies. Below are actionable, source‑grounded steps aligned to the Act’s provisions.
Governance and member compliance
Ensure all members understand statutory duties in s 26A(2): act honestly, exercise reasonable skill, disclose conflicts and not misuse position or information. Establish a written conflict disclosure process, require regular declarations and maintain minutes documenting conflict management.
Prepare a formal procedure for council removal processes that mirrors s 26B: a process for information gathering, a 10‑member satisfaction threshold confirmation, notice with reasons and, for appointed members, prompt provision of the notice to the Minister (s 26B(2)).
Election policy and electoral integrity
Draft, approve and publish an election policy on the university website in accordance with s 26AA(1)-(4). Include mandatory provisions: security/integrity of voting, eligibility verification, single vote enforcement, secret ballots, anti‑coercion safeguards, ballot procedures, period notifications, nomination processes, publication timelines for results, complaint mechanisms and optional provisions on nomination/voting eligibility (s 26AA(2)-(3)).
Operate elections strictly under the published election policy (s 26AB). Keep detailed records of ballots and complaint resolutions.
Appointment checks and criminal history
Before recommending or appointing someone under s 14, obtain written consent and request a criminal history report from the commissioner of police if appropriate (s 62B(1)). Implement secure handling and a defined destruction policy so reports are destroyed as soon as practicable after no longer needed (s 62B(6)).
Integrate Corporations Act part 2D.6 disqualification checks into appointment vetting (s 23, s 40C).
Disclosure obligations and protected information
Create an immediate notification protocol for members who become disqualified or are convicted of certain offences to provide notice as required by s 62D. The notice must include specified details such as existence and date of disqualification/conviction and sufficient information to identify the grounds or offence (s 62D(3)).
Maintain secure records and destroy notices when no longer required (s 62D(4)). Educate staff about the severe penalty (100 penalty units) for failure to disclose (s 62D(2)).
Implement strict access controls around protected information under s 62E and confirm that disclosures are only made pursuant to the listed exceptions (s 62E(3)-(4)).
Trusts, donor funds and investment common fund
When accepting gifts with conditions, record donor purposes accurately and develop a written scheme template for use where the donor’s purpose is fulfilled, impossible, uncertain or inadequate (ss 42-43). Ensure schemes are in writing and available on request (s 42(3)-(4)).
For collective investment of trust funds, set up an investment common fund with clear methodology for periodic income distribution among component funds and rules for applying income to general funds or capital as permitted (s 53(1)-(5)). Maintain clear accounting records showing component fund shares.
Budgeting and financial controls
Council must adopt an annual budget (s 55(1)) and control spending to remain within the approved budget as nearly as possible (s 55(3)). Implement internal budgeting, monthly monitoring and exception reporting.
Retain records required by the Financial Accountability Act and the Statutory Bodies Financial Arrangements Act given the university’s statutory body status (ss 50-51). Engage with treasury or state financial officers as required.
Delegation and operational authority
Document all delegations consistent with s 11, ensuring the council does not delegate the power to make the election policy or adopt the annual budget (s 11(2)). Ensure any delegation to the vice‑chancellor specifies whether subdelegation is permitted (s 11(3)).
Site rules, authorised persons and traffic enforcement
Appoint authorised persons by written instrument and issue identity cards in the required form with recent photograph and signature (sch 1‑ss 1, 4). Keep identity card return procedures and enforcement of the 10 penalty unit return rule (sch 1‑s 4(3)).
Clearly display regulatory notices at vehicular entrances and ensure information notices accompany any regulatory notice that does not state the penalty, as required (sch 1‑ss 7-8).
For vehicle seizure and disposal, adopt a standard operating procedure that complies with sch 1‑ss 9-11: reasonable grounds for seizure, holding at safe place, owner notification within 14 days, auction notice procedures after two months and proper application of sale proceeds including PPSA considerations (sch 1‑s 11).
Contracts, commercialisation and corporate participation
When the university forms or participates in corporations, ensure board authorisations and council approvals align with the objects set out in s 61 and consider the declared exclusions under s 40B. Maintain transparent conflict and related party declaration procedures for such corporate dealings.
Recordkeeping and document destruction
Implement document retention schedules that comply with the Act’s express destruction obligations for police reports and notices (s 62B(6), s 62D(4)). Ensure secure storage for protected information and policy for its destruction as soon as practicable after use.
Training and compliance culture
Provide targeted training for council members, senior officers and authorised persons on duties under s 26A, disclosure obligations (s 62D), protected information handling (s 62E), election policy compliance (s 26AA) and traffic/conduct enforcement (sch 1). Integrate these into induction packs and annual refresher training.
Legal advice and audit
Seek legal review before establishing schemes for donor funds (ss 42-46), before commercial IP exploitation transactions (s 5(h), s 61) and when exercising powers that interact with the Land Act or Corporations Act (s 49, s 40B). Use the university’s annual budget adoption to commission or review external financial audit and legal compliance reports as required by state statutory body rules (ss 50-55).
These compliance steps operationalise the Act’s key requirements and help limit legal exposure, reduce risk of penalty, and ensure that council decisions, elections, donor fund treatments and site enforcement actions follow the statutory text.
Division pt.2-div.1University establishment and general functions and powers
(c) to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and
(d) to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and
(e) to confer higher education awards; and
(f) to disseminate knowledge and promote scholarship; and
(g) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
(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
(i) to perform other functions given to the university under this or another Act.
sec.6 General powers of university
sec.6 General powers of university
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.
Without limiting subsection (1) , the university has the powers given to it under this or another Act.
The university may exercise its powers inside or outside Queensland.
Without limiting subsection (3) , the university may exercise its powers outside Australia.
(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.
(sec.6-ssec.2) Without limiting subsection (1) , the university has the powers given to it under this or another Act.
(sec.6-ssec.3) The university may exercise its powers inside or outside Queensland.
(sec.6-ssec.4) Without limiting subsection (3) , the university may exercise its powers outside Australia.
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) fix charges, and other terms, for services and other facilities it supplies; and
(f) do anything else necessary or convenient to be done for, or in connection with, its functions.
pt.2-div.2 Council establishment and general functions and powers
Council establishment and general functions and powers
sec.7 Establishment of council
sec.7 Establishment of council
There is a council of the university.
sec.8 Functions of council
sec.8 Functions of council
The council is the university’s governing body.
The council has the functions conferred on it under this or another Act.
(sec.8-ssec.1) The council is the university’s governing body.
(sec.8-ssec.2) The council has the functions conferred on it under this or another Act.
sec.9 Powers of council
sec.9 Powers of council
The council may do anything necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular—
to appoint the university’s staff; and
to manage and control the university’s affairs and property; and
to manage and control the university’s finances.
(sec.9-ssec.1) The council may do anything necessary or convenient to be done for, or in connection with, its functions.
(sec.9-ssec.2) Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular— to appoint the university’s staff; and to manage and control the university’s affairs and property; and to manage and control the university’s finances.
(a) to appoint the university’s staff; and
(b) to manage and control the university’s affairs and property; and
(c) to manage and control the university’s finances.
sec.10 Council to promote university’s interests
sec.10 Council to promote university’s interests
The council must act in the way that appears to it most likely to promote the university’s interests.
sec.11 Delegation
sec.11 Delegation
The council may delegate its powers under this Act to—
an appropriately qualified member of the council; or
an appropriately qualified committee that includes 1 or more members of the council; or
an appropriately qualified member of the university’s staff.
However, the council may not delegate its power—
to make an election policy; or
to adopt the university’s annual budget.
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.
s 11 amd 2005 No. 18 s 3 ; 2017 No. 36 s 4 ; 2017 No. 36 s 94
(sec.11-ssec.1) The council may delegate its powers under this Act to— an appropriately qualified member of the council; or an appropriately qualified committee that includes 1 or more members of the council; or an appropriately qualified member of the university’s staff.
(sec.11-ssec.2) However, the council may not delegate its power— to make an election policy; or to adopt the university’s annual budget.
(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.
(a) an appropriately qualified member of the council; or
(b) an appropriately qualified committee that includes 1 or more members of the council; or
(c) an appropriately qualified member of the university’s staff.
(a) to make an election policy; or
(b) to adopt the university’s annual budget.
pt.2-div.3 Council membership
Council membership
sec.12 Membership of council
sec.12 Membership of council
The council consists of official members, appointed members, elected members and additional members.
s 12 sub 2005 No. 18 s 4
sec.13 Official members
sec.13 Official members
There are 3 official members.
The official members are—
the chancellor; and
the vice-chancellor; and
the president of the academic board.
s 13 sub 2005 No. 18 s 4
(sec.13-ssec.1) There are 3 official members.
(sec.13-ssec.2) The official members are— the chancellor; and the vice-chancellor; and the president of the academic board.
(a) the chancellor; and
(b) the vice-chancellor; and
(c) the president of the academic board.
sec.14 Appointed members
sec.14 Appointed members
There are 5 appointed members.
The Governor in Council is to appoint the appointed members.
s 14 amd 2005 No. 18 s 5
(sec.14-ssec.1) There are 5 appointed members.
(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.
sec.14A University as a dual sector entity
sec.14A University as a dual sector entity
This section applies if the university is a dual sector entity under the TAFE Queensland Act 2013 .
On the next appointment of an appointed member to happen after the university becomes a dual sector entity, the person appointed must be a VET qualified person unless the appointed members already include a VET qualified person.
Subject to subsection (2) , it is a requirement for the appointment of members under section 14 that the appointed members always include at least 1 person who is a VET qualified person.
In this section—
VET qualified person means a person with substantial knowledge or experience of vocational education and training.
vocational education and training see the TAFE Queensland Act 2013 , schedule 1 .
s 14A ins 2014 No. 24 s 11
(sec.14A-ssec.1) This section applies if the university is a dual sector entity under the TAFE Queensland Act 2013 .
(sec.14A-ssec.2) On the next appointment of an appointed member to happen after the university becomes a dual sector entity, the person appointed must be a VET qualified person unless the appointed members already include a VET qualified person.
(sec.14A-ssec.3) Subject to subsection (2) , it is a requirement for the appointment of members under section 14 that the appointed members always include at least 1 person who is a VET qualified person.
(sec.14A-ssec.4) In this section— VET qualified person means a person with substantial knowledge or experience of vocational education and training. vocational education and training see the TAFE Queensland Act 2013 , schedule 1 .
sec.15 Elected members
sec.15 Elected members
There are 3 elected members.
The elected members are—
1 member of the full-time or part-time academic staff; and
1 member of the full-time or part-time general staff; and
1 student.
Each elected member is to be elected at a council election.
s 15 amd 2005 No. 18 s 6 ; 2017 No. 36 s 95
(sec.15-ssec.1) There are 3 elected members.
(sec.15-ssec.2) The elected members are— 1 member of the full-time or part-time academic staff; and 1 member of the full-time or part-time general staff; and 1 student.
(sec.15-ssec.3) Each elected member is to be elected at a council election.
(a) 1 member of the full-time or part-time academic staff; and
(b) 1 member of the full-time or part-time general staff; and
(c) 1 student.
sec.16 Additional members
sec.16 Additional members
There are 4 additional members.
The council must appoint the additional members.
The council must appoint at least 2 graduates of the university as additional members.
An additional member must not be a student or a member of the university’s academic staff or general staff.
s 16 sub 2005 No. 18 s 7
(sec.16-ssec.1) There are 4 additional members.
(sec.16-ssec.2) The council must appoint the additional members.
(sec.16-ssec.3) The council must appoint at least 2 graduates of the university as additional members.
(sec.16-ssec.4) An additional member must not be a student or a member of the university’s academic staff or general staff.
sec.17 When council is taken to be properly constituted
sec.17 When council is taken to be properly constituted
The council is taken to be properly constituted when it has 8 or more members, whether they be additional, appointed, elected or official members.
s 17 amd 2005 No. 18 s 8
sec.18 Appointed member’s term of office
sec.18 Appointed member’s term of office
An appointed member is to be appointed for a term of not more than 4 years.
s 18 amd 2005 No. 18 s 9
sec.19 Elected member’s term of office
sec.19 Elected member’s term of office
An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.
An elected member mentioned in section 15 (2) (c) holds office for 2 years.
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.
s 19 amd 2005 No. 18 s 10
(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.
(sec.19-ssec.2) An elected member mentioned in section 15 (2) (c) holds office for 2 years.
(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.
(a) if the member is re-elected—the day after the day when the member’s previous term of office ends; or
(b) if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
sec.20 Additional member’s term of office
sec.20 Additional member’s term of office
An additional member is to be appointed for a term of not more than 4 years decided by the council.
s 20 sub 2005 No. 18 s 11
sec.20A Dealing with casual vacancy in office of an elected member
sec.20A Dealing with casual vacancy in office of an elected member
This section applies if a casual vacancy arises in the office of an elected member.
If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—
was a candidate for the office in the council election; and
was not elected; and
received the highest number of votes of all the candidates who were not elected; and
is eligible, under this Act, to be a member; and
is willing to be, and available to perform the functions of, a member.
Subsection (4) applies if—
the elected member was not elected at a council election; or
no-one is eligible for appointment under subsection (2) .
A person is to be elected to the office at a council election.
Despite subsection (4) , if the elected member was a student, the council may appoint a student to the office.
A person appointed under subsection (2) or (5) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.
s 20A ins 2002 No. 75 s 4
amd 2005 No
This is an opening excerpt, not the complete document.