NORTHERN TERRITORY OF AUSTRALIA
CHARLES DARWIN UNIVERSITY ACT 2003
As in force at 3 March 2023
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
Part 2 Charles Darwin University
4 Continuance and incorporation of University ................................... 2
5 Functions of University .................................................................... 2
6 Powers of University ........................................................................ 3
7 Composition of University ................................................................ 4
Part 3 Council
8 University affairs to be conducted by Council .................................. 5
9 Composition of Council .................................................................... 5
10 Terms of office ................................................................................. 6
10A Duties of members of Council.......................................................... 7
11 Vacation or termination of office ...................................................... 8
12 Casual vacancies ............................................................................ 9
13 Chancellor ....................................................................................... 9
14 Deputy Chancellor ......................................................................... 10
15 Vice-Chancellor ............................................................................. 10
16 Disclosure of interest ..................................................................... 10
17 Meetings of Council ....................................................................... 11
18 Presiding at meetings .................................................................... 12
19 Committees ................................................................................... 12
Part 4 Academic Board, Alumni and student
association
20 Academic Board ............................................................................ 13
21 Alumni ........................................................................................... 13
22 Student association ....................................................................... 13
Part 5 Institute of Advanced Studies and research
schools
23 Institute of Advanced Studies ........................................................ 14
24 Research schools .......................................................................... 14
25 Menzies School of Health Research.............................................. 14
Charles Darwin University Act 2003 ii
Part 6 Degrees and other awards
26 Degrees and awards of University ................................................. 14
27 Degrees and awards of other bodies ............................................. 15
Part 7 Staff and consultants
28 Appointment of staff ....................................................................... 15
29 Consultants may be engaged ........................................................ 15
Part 8 Property, finance, audit and annual report
30 Financial year ................................................................................ 15
31 Fees and charges .......................................................................... 16
32 University accounts ....................................................................... 16
33 Proper accounts to be kept ............................................................ 16
34 Gifts etc. and trust funds ................................................................ 17
35 Investment ..................................................................................... 17
36 Variation of terms of trust or gift..................................................... 18
37 Financial accommodation .............................................................. 20
38 Budget and financial information ................................................... 20
39 Annual reports and audit ............................................................... 21
Part 9 Miscellaneous
40 Trading corporations etc. ............................................................... 22
41 Controlled entities .......................................................................... 22
42 Delegation ..................................................................................... 23
43 Terms of contract and execution of documents ............................. 23
44 Protection from liability .................................................................. 24
45 Validity of proceedings .................................................................. 24
46 By-laws .......................................................................................... 25
47 Rules ............................................................................................. 27
48 Penalties under by-laws and rules ................................................. 28
Part 10 Repeals, savings and transitional
provisions
49 Repeal ........................................................................................... 28
50 Removal of college status of Centralian College ........................... 29
51 Establishing first Council................................................................ 29
52 Savings and transitional provisions ............................................... 30
Schedule 1
Schedule 2 Savings and transitional provisions –
Northern Territory University
Charles Darwin University Act 2003 iii
Schedule 3 Savings and transitional provisions –
Centralian College
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 3 March 2023
CHARLES DARWIN UNIVERSITY ACT 2003
An Act to establish the Charles Darwin University and for related
purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Charles Darwin University Act 2003.
2 Commencement
(1) Section 51 comes into operation on the day on which the
Administrator's assent to this Act is declared.
(2) The remaining provisions of this Act come into operation on:
(a) 1 January 2004; or
(b) the date fixed by the Administrator by notice in the Gazette,
whichever occurs first.
3 Definitions
In this Act, unless the contrary intention appears:
By-laws means the by-laws made under section 46.
Centralian College means the institution of that name established
under section 41 of the Education Act 1979.
Chancellor means the Chancellor of the University appointed
under section 13.
Council means the Council of the University.
Deputy Chancellor means the Deputy Chancellor of the University
appointed under section 14.
Institute of Advanced Studies means the Institute of Advanced
Studies established under section 23.
Part 2 Charles Darwin University
Charles Darwin University Act 2003 2
Menzies School of Health Research means the School of that
name established by the Menzies School of Health Research
Act 1985.
Northern Territory University means the Northern Territory
University established by the Northern Territory University
Act 1988.
Rules means the rules made under section 47.
student of the University means a person or a class of persons
prescribed by the By-Laws.
University means the Charles Darwin University.
Vice-Chancellor means the Vice-Chancellor of the University
appointed under section 15.
Part 2 Charles Darwin University
4 Continuance and incorporation of University
(1) Despite the repeal of the Northern Territory University Act 1988 by
section 49, the University established by section 4 of that Act
continues in existence under this Act as the Charles Darwin
University.
(2) The University:
(a) is a body corporate with perpetual succession;
(b) has a common seal;
(c) is capable, in its corporate name, of acquiring, holding and
disposing of real (including leasehold) and personal property;
and
(d) is capable, in its corporate name, of suing and being sued.
(3) A court, judge or persons acting judicially must take judicial notice
of the common seal of the University affixed to a document and
must presume that it was duly affixed.
5 Functions of University
The University has the following functions:
(a) to undertake teaching activities that fulfil the requirements of
an undergraduate and postgraduate university education and
training and further education by way of a course of instruction
Part 2 Charles Darwin University
Charles Darwin University Act 2003 3
that is, or is preparatory to, a course of a kind relevant to a
trade, technical or other vocational education;
(b) to undertake research (taking advantage of the human and
physical resources of the University) and, where appropriate,
to consider commercial exploitation of research that is
undertaken;
(c) to undertake teaching activities to provide other education and
training as determined by the Council;
(d) to co-operate with other universities and with institutions of
higher education, training and further education or research
(whether within or outside of Australia);
(e) to liaise with industry and professional organisations, training
committees and the community;
(f) to disseminate knowledge and advance skills and their
practical application;
(g) to provide consultative and research services and facilities;
(h) to administer schemes of financial and other assistance for
students of the University and persons studying or carrying out
research at the University including, in the case of students,
financial assistance in the form of loans;
(i) to provide library and other educational facilities that may be
used by the public on conditions as determined by the
Council;
(j) to carry out any other function that is conferred on it by or
under this or any other Act.
6 Powers of University
(1) The University has power to perform its functions and to exercise its
powers including to do any thing that is necessary or convenient to
be done in connection with or incidental to its functions and powers.
(2) The University may establish institutes, faculties, schools,
departments and organisations that it considers will best allow it to
perform its functions.
(3) Without limiting subsections (1) and (2), the University may do any
of the following:
(a) enter into contracts;
Part 2 Charles Darwin University
Charles Darwin University Act 2003 4
(b) create, develop, apply for, obtain and hold intellectual and
industrial property and rights and enter into agreements or
arrangements for their commercial exploitation on terms as to
royalties, lump sum payments or otherwise that the Council
thinks fit;
(c) purchase, take on lease or otherwise acquire real or personal
property and to sell, grant a lease or otherwise dispose of real
or personal property;
(d) erect buildings;
(e) occupy, use and control land or buildings owned or held under
lease and made available for the purposes of the University;
(f) accept gifts, grants, bequests, devises and assignments made
to the University (whether on trust or otherwise) and act as
trustee of moneys or other property vested in the University on
trust;
(g) enter into arrangements with other universities or with
institutions of higher, technical or further education (whether in
or outside Australia) or with any of the States that administer
education services to establish in the University courses of
lectures or studies for degrees, diplomas, trade certificates or
otherwise;
(h) establish, manage and control halls of residence and other
forms of student accommodation and to establish, manage
and control other accommodation that the Council thinks fit.
7 Composition of University
The University consists of:
(a) the members of the Council;
(b) the graduates of the University and the Northern Territory
University;
(c) the holders of awards of the University and the Northern
Territory University other than degrees;
(d) the staff employed by the University;
(e) the students of the University;
(f) the holders of awards of Centralian College; and
Part 3 Council
Charles Darwin University Act 2003 5
(g) other persons or classes of persons that the Council
determines.
Part 3 Council
8 University affairs to be conducted by Council
(1) The affairs of the University are to be conducted by the Council.
(2) In particular, the Council is to:
(a) monitor the performance of the Vice-Chancellor;
(b) approve the mission and strategic direction of the University;
(c) approve the budget and business plan of the University;
(d) oversee the management of the University, including
approving significant commercial activities;
(e) regularly review delegations under this Act;
(f) monitor systems of accountability implemented by the
University;
(g) review management practices and performances of the
University; and
(h) to oversee risk management across the University.
(3) All acts and things done:
(a) by the Council; or
(b) in the name of or on behalf of the University with the express
or implied authority of the Council,
are taken to have been done by the University.
9 Composition of Council
(1) The Council consists of:
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Chairperson of the Academic Board;
(d) 8 persons appointed by the Administrator;
Part 3 Council
Charles Darwin University Act 2003 6
(e) one person elected by and from the full-time higher education
academic staff of the University;
(f) one person elected by and from the full-time TAFE academic
staff of the University;
(g) one person elected by and from the undergraduate students of
the University; and
(h) one person elected by and from the postgraduate students of
the University.
(2) The Nominations Committee:
(a) must nominate persons considered suitable to be appointed
members of the Council under subsection (1)(d); and
(b) must nominate at least one preferred candidate for each
appointment that is to be made under subsection (1)(d).
(3) The persons appointed under subsection (1)(d) are to be persons
who represent between them a broad range of community interests
(including persons with expertise in education and vocational
training, research and technology).
(4) Of the persons appointed under subsection (1)(d):
(a) at least 2 are to be persons with financial expertise; and
(b) at least one is to be a person with commercial expertise.
(6) If a body of persons required by this section to elect a member of
the Council fails or refuses to elect the member by the date
determined from time to time by the Council in respect of the
particular election:
(a) the Minister may on the advice of the Council appoint a person
as the Minister thinks fit to be a member of the Council; and
(b) the person appointed is taken to have been elected a member
by the body of persons.
10 Terms of office
(1) Subject to this Act:
(a) a person appointed to the Council under section 9(1)(d) holds
office for 3 years from the date he or she is appointed;
Part 3 Council
Charles Darwin University Act 2003 7
(b) a person elected to the Council under section 9(1)(e) or (f)
holds office for 3 years from 1 January following the date he or
she is elected; and
(c) a person elected to the Council under section 9(1)(g) or (h)
holds office for one year from 1 January following the date he
or she is elected.
(2) Subject to this section, a person referred to in subsection (1) may
be re-appointed or re-elected as a member of the Council.
(3) A person referred to in subsection (1) cannot be re-appointed or
re-elected as a member of the Council if, as a result, the person will
hold the office for a continuous period of more than 12 years.
(4) If at least two-thirds of the members of the Council agree at a
meeting of the Council that subsection (3) should not apply to a
person, the person may be re-appointed or re-elected despite that,
because of the subsection, the person would not be eligible to be
re-appointed or re-elected.
10A Duties of members of Council
(1) A member, when exercising a power or performing a function of the
office:
(a) must act solely in the interests of the University and not as a
delegate or representative of a particular constituency; and
(b) must act in good faith, honestly and for a proper purpose; and
(c) must exercise appropriate care and diligence; and
(d) must not use his or her office to improperly gain an advantage
(either for the member or another person); and
(e) must disclose and avoid conflicts of interest.
(2) In this section:
member means a member of the Council appointed or elected
under section 9(1).
Part 3 Council
Charles Darwin University Act 2003 8
11 Vacation or termination of office
(1) A member vacates his or her office if:
(a) the member becomes bankrupt, applies to take the benefit of
a law for the relief of bankrupt or insolvent debtors, or
compounds with his or her creditors or makes an assignment
of his or her remuneration for their benefit;
(b) the member is convicted in the Territory of an offence
punishable by imprisonment for 12 months or more, or is
convicted elsewhere than in the Territory of an offence that, if
committed in the Territory, would be an offence punishable by
imprisonment for 12 months or more;
(c) the Administrator receives a report from the Chief Health
Officer, based on advice from 2 medical practitioners, that as
a result of his or her mental illness, as defined in the Mental
Health and Related Services Act 1998, he or she has become
incapable of performing his or her duties as a member and is
unlikely to be able to perform them for the remainder of his or
her term of appointment;
(d) the member is absent, except on leave granted by the
Council, from 3 consecutive meetings of the Council of which
reasonable notice has been given to the member personally or
by post;
(e) the member resigns his or her office by writing signed by the
member and delivered to the Secretary of the Council;
(f) being the member elected under section 9(1)(e) – the member
ceases to be a member of the full-time higher education
academic staff of the University;
(g) being the member elected under section 9(1)(f) – the member
ceases to be a member of the full-time TAFE academic staff of
the University;
(h) being the member elected under section 9(1)(g) – the member
ceases to be an undergraduate student;
(i) being the member elected under section 9(1)(h) – the member
ceases to be a postgraduate student; or
(j) the member is disqualified from acting as a Director of a
company or managing corporations under Part 2D.6 of the
Corporations Act 2001.
Part 3 Council
Charles Darwin University Act 2003 9
(2) Subject to subsection (2A), the Council may terminate a member's
appointment if it is satisfied that the member has not carried out his
or her duties under section 10A.
(2A) The Council can only exercise its power under subsection (2) if at
least two-thirds of the members of the Council agree at a meeting
that the member has not carried out his or her duties under
section 10A.
(3) In this section:
member means a member of the Council appointed or elected
under section 9(1).
12 Casual vacancies
(1) Subject to subsection (2), if a vacancy occurs in the office of a
member of the Council elected under section 9(1) otherwise than by
the expiry of the member's term of office:
(a) the Council must appoint a person with the same qualification
for election as the member in whose stead the member is
appointed to fill the vacancy; and
(b) subject to this Part – the person appointed holds office as a
member of the Council for the unexpired period of office of the
member in whose stead the member is appointed.
(2) In exercising its powers under subsection (1), the Council must take
into account the results of the election at which the member
vacating his or her office was elected.
13 Chancellor
(1) The Council must appoint a person to be the Chancellor.
(2) The Chancellor holds office for 3 years.
(3) A member of the Council may be appointed the Chancellor but only
if he or she is a member of the Council appointed under
section 9(1)(d).
(4) If the person appointed Chancellor is a member of the Council
appointed under section 9(1)(d), the person is taken to have
resigned his or her office as an appointed member and the
Administrator must appoint another person to be a member of the
Council under section 9(1)(d).
(5) The Chancellor may resign his or her office by writing delivered to
the Council.
Part 3 Council
Charles Darwin University Act 2003 10
14 Deputy Chancellor
(1) The Council must appoint a person to be the Deputy Chancellor.
(2) The person appointed the Deputy Chancellor must be a member of
the Council appointed under section 9(1)(d).
(3) The Deputy Chancellor may resign his or her office by writing
delivered to the Council.
(4) The Deputy Chancellor may act in the office of the Chancellor if the
Chancellor is for any reason unable to exercise his or her powers or
perform his or her functions.
15 Vice-Chancellor
(1) The Council must appoint a Vice-Chancellor.
(2) The Vice-Chancellor is to be appointed on terms and conditions
determined by the Council.
(3) The Vice-Chancellor is:
(a) the chief executive officer of the University; and
(b) responsible to the Council for the management of the
University.
(4) The Vice-Chancellor has the powers and functions:
(a) as prescribed by the By-laws; and
(b) as determined by the Council.
16 Disclosure of interest
(1) A member of the Council who has a direct or indirect pecuniary
interest in:
(a) a matter being considered or about to be considered at a
meeting of the Council; or
(b) a thing being done or about to be done by the Council,
must, as soon as possible after the relevant facts come to his or her
knowledge, disclose the nature of the interest at a meeting of the
Council.
Part 3 Council
Charles Darwin University Act 2003 11
(2) Subsection (1) does not apply if the interest is held as a member of,
and in common with the other members of, a corporation consisting
of not less than 25 members and of which the member is not a
director.
(3) A disclosure that a member:
(a) is a member or an employee of a specified corporation or
body;
(b) is a partner or employee of a specified person; or
(c) has some other specified interest relating to a specified
corporation, body or person,
is taken to be a sufficient disclosure of the nature of the interest in
any matter or thing relating to the company, body or person that
may arise after the date of the disclosure.
(4) The Council must ensure that:
(a) particulars of all disclosures made under this section are
recorded in a book; and
(b) the book is able to be inspected at all reasonable times by a
person after paying the fee, if any, determined by the Council.
(5) A member of the Council who has, or is taken to have disclosed,
the nature of an interest must not:
(a) be present during any deliberation of the Council, or take part
in a decision of the Council, in relation to a matter to which the
disclosure relates; or
(b) perform a function under this Act in relation to a matter to
which the disclosure relates.
(6) Subsection (5) does not apply if the Council (in the absence of the
member) determines otherwise.
(7) In this section:
Council includes a committee of the Council.
17 Meetings of Council
(1) The Chancellor must call as many meetings of the Council as are
necessary for it to perform its functions and exercise its powers.
(2) However, the interval between meetings cannot exceed 4 months.
Part 3 Council
Charles Darwin University Act 2003 12
(3) The Chancellor must call a meeting of the Council if requested to
do so by 8 members of the Council.
(4) At a meeting of the Council, 8 members of the Council constitute a
quorum.
(5) At a meeting of the Council:
(a) questions are to be determined by a majority of the votes of
the members present and voting; and
(b) in the event of an equality of votes – the matter is to be
deferred to the next meeting of the Council and, in the event of
an equality of votes at that meeting, the matter is to be taken
to have been defeated.
(6) Except as provided by this Act and the By-laws, the Council may
determine the procedure to be followed at or in connection with its
meetings.
(7) The Council must ensure that there are formal induction and
professional processes available to a member so that he or she is
aware of his or her duties as a member.
18 Presiding at meetings
(1) Subject to subsection (2), the Chancellor or, in the Chancellor's
absence, the Deputy Chancellor must preside at meetings of the
Council at which he or she is present.
(2) If both the Chancellor and Deputy Chancellor are absent from a
meeting of the Council, the members present must elect an acting
Chancellor and the person may exercise the powers and perform
the functions of the Chancellor for the meeting.
19 Committees
(1) The Council may establish committees.
(2) The Council must establish a Nominations Committee.
(3) A person may be appointed a member of a committee whether or
not he or she is a member of the Council.
Part 4 Academic Board, Alumni and student association
Charles Darwin University Act 2003 13
Part 4 Academic Board, Alumni and student
association
20 Academic Board
(1) The Academic Board of the University is established.
(2) The membership of the Academic Board is as prescribed by the
By-laws.
(3) The By-laws are to provide for the method of appointing the
Chairperson and Deputy Chairperson of the Academic Board.
(4) The Academic Board:
(a) may advise the Council or the Vice-Chancellor on any matter
relating to the University and, in particular, make
recommendations with respect to instruction, studies,
examinations and assessments, research and awards relevant
to those programs deemed to be awards for funding purposes;
and
(b) must report on any matter on which it is required to report by
the Council or the Vice-Chancellor.
(5) In addition to subsection (4), the Academic Board has the powers
and duties that are conferred or imposed on it by or under this Act.
(6) The proceedings of the Academic Board are to be conducted in the
manner it determines.
21 Alumni
(1) The Alumni of the University is established.
(2) The membership of the Alumni is as prescribed by the By-laws.
22 Student association
(1) The students of the University in accordance with the By-laws and
the Rules may:
(a) establish a student association of the University; and
(b) adopt a constitution by which the student association is to be
governed.
(2) The objects of the student association are to be defined in its
constitution.
Part 6 Degrees and other awards
Charles Darwin University Act 2003 14
(3) A constitution adopted under subsection (1) and any amendment to
it is of no force or effect until approved by the Council.
Part 5 Institute of Advanced Studies and research
schools
23 Institute of Advanced Studies
(1) The Council must establish an Institute of Advanced Studies.
(2) The Council must establish an advisory board for the Institute of
Advanced Studies.
(3) The members of the advisory board for the Institute of Advanced
Studies are to be appointed by the Council.
24 Research schools
(1) The Institute of Advanced Studies may establish research schools.
(2) The Council must in respect of each research school established
under subsection (1):
(a) appoint a person to be the Director of the research school;
(b) establish an advisory board for the research school; and
(c) approve the business plan and budget of the research school
for each financial year.
(3) The members of an advisory board are to be appointed by the
Council.
(4) An advisory board has the functions determined by the Council.
25 Menzies School of Health Research
(1) The Menzies School of Health Research is a research school.
(2) The Director of the Menzies School of Health Research is a
member of the advisory board for the Institute of Advanced Studies.
Part 6 Degrees and other awards
26 Degrees and awards of University
(1) The Council may:
(a) confer degrees of the University; and
Part 8 Property, finance, audit and annual report
Charles Darwin University Act 2003 15
(b) grant diplomas, certificates or other awards of the University,
in relation to the passing of examinations of the University or
education and training provided by the University.
(2) For the purpose of enabling students to obtain degrees and other
awards of the University, the Council must promote course
articulation and credit transfer between training and further
education and higher education.
(3) The Council may grant honorary degrees and other distinctions.
27 Degrees and awards of other bodies
The Council may cause instruction to be given to students for the
purpose of completing the requirements for a degree or other award
of any university or other institution with which the Council has
made an agreement.
Part 7 Staff and consultants
28 Appointment of staff
(1) Subject to this Act and the By-laws, the Vice-Chancellor may
appoint academic and other staff for the purposes of the University.
(2) Members of the staff of the University are to be employed on terms
and conditions approved by the Council.
29 Consultants may be engaged
The Council may:
(a) engage consultants to the University; and
(b) make arrangements to be provided with advice.
Part 8 Property, finance, audit and annual report
30 Financial year
Subject to the approval of the Treasurer, the Council may
determine a date on which the financial year of the University ends.
Part 8 Property, finance, audit and annual report
Charles Darwin University Act 2003 16
31 Fees and charges
(1) The Council may determine the fees and charges to be paid to the
University:
(a) for courses of study or instruction of the University;
(b) for admission to examinations conducted by the University;
and
(c) for other facilities or privileges of the University.
(2) A student granted a scholarship or bursary by the University is
exempt from paying fees and charges to the extent of the
exemption applicable under the scholarship or bursary.
(3) The Council may exempt a student from paying the whole or a part
of a fee or charge if it considers that paying the fee or charge, or
the part, would cause substantial hardship to the student.
(4) The Council may defer the date at which a fee or charge is payable
by a student if it considers that paying the fee or charge by the date
would cause substantial hardship to the student.
32 University accounts
(1) Subject to this Part, the Council may open and maintain accounts
with any ADI.
(2) All moneys received by the University must be paid to the credit of
the accounts referred to in subsection (1).
(3) Subject to the terms of a trust, money in an account referred to in
subsection (1) must be applied by or with the authority of the
Council only for the purposes of the University.
33 Proper accounts to be kept
The Council must:
(a) cause proper accounts and records of the transactions and
affairs of the University to be kept;
(b) do all things necessary to ensure that all payments out of the
moneys of the University are correctly made and properly
authorised;
(c) do all things necessary to ensure that adequate control is
maintained over the property owned or in the custody of the
University; and
Part 8 Property, finance, audit and annual report
Charles Darwin University Act 2003 17
(d) do all things necessary to ensure that adequate control is
maintained over liabilities incurred by the University.
34 Gifts etc. and trust funds
(1) In exercising its powers to acquire, hold, deal with or dispose of real
or personal property, the University may agree to and carry out the
conditions of a gift, grant, bequest, devise, purchase, lease or other
means by which it acquires or holds property.
(2) The University may create and administer trust funds:
(a) for the purposes of subsection (1); or
(b) for any other purpose.
35 Investment
(1) The Council may establish investment common funds to collectively
invest the trust or other moneys of or in the custody of the
University.
(2) The Council may, without liability for breach of trust, bring into or
withdraw from an investment common fund the whole or any part of
the trust or other moneys of or in the custody of the University.
(3) Subject to subsections (4) and (5), the Council must periodically
distribute the income of an investment common fund among the
funds participating in the common fund (having regard to the extent
of the participation of each fund in the common fund during the
relevant accounting period).
(4) If moneys received by the Council to be expended for a stated
purpose have been brought into an investment account but cannot,
or will not immediately be expended for that purpose, the Council
may pay into the general funds of the University the whole or a part
of the income of the investment common fund that is attributed to
those moneys and which are not required for the stated purpose.
(5) The Council may:
(a) add a portion of the income of an investment account to the
capital of the investment common fund; or
(b) use a portion of the income of an investment account to
establish or augment a fund as a provision against any capital
depreciation or reduction of income.
Part 8 Property, finance, audit and annual report
Charles Darwin University Act 2003 18
(6) Moneys of the University (whether forming part of a common fund
or not), including moneys held on trust or subject to a condition,
must only be invested in a class of investment approved by the
Treasurer.
(7) The powers conferred by this section or the By-laws relating to
investment of property, must not be exercised by the Council in
relation to a trust fund or other moneys if:
(a) the investment creating the trust expressly prohibits the
Council from doing so; or
(b) the exercise of power would constitute a breach of a condition
under which the fund or moneys was or were acquired.
36 Variation of terms of trust or gift
(1) If, in respect of prescribed property:
(a) the purpose or all or any of the purposes has or have been
effected;
(b) the purpose or all or any of the purposes has or have ceased
to exist;
(c) the purpose or all or any of the purposes has or have been
adequately provided for by other means;
(d) the purpose or all or any of the purposes is or are uncertain or
cannot be identified or is or are not sufficiently defined;
(e) it becomes impossible or impracticable or inexpedient to carry
out the purpose or all or any of the purposes; or
(f) the property or income derived from the property proves
inadequate to carry out the purpose or all or any of the
purposes,
the Council may cause a scheme to be prepared by which
prescribed property or any part or residue of the property is to be
held on terms requiring the property or income from the property to
be applied for the purpose or purposes designated in the scheme.
(2) The Council must submit a scheme prepared under subsection (1)
to the Administrator.
Part 8 Property, finance, audit and annual report
Charles Darwin University Act 2003 19
(3) The Administrator may, on receiving the scheme:
(a) by notice in the Gazette:
(i) approve it; or
(ii) approve it with modifications; or
(b) by notice in writing to the Council – refuse to approve the
scheme.
(4) If an approved scheme exists in relation to property or a part or
residue of property held by the University, the property, part or
residue must, in accordance with the approved scheme:
(a) be diverted from the purpose or purposes for which it was
held; and
(b) is to be held for the purpose or purposes designated in the
approved scheme.
(5) In selecting a purpose for an approved scheme, the Council must
have a preference for a purpose that, in its opinion, is as nearly
similar to the purpose or purposes for which the property concerned
is, for the time being, held by the University as is consistent with
useful and convenient achievement but the scheme or amendment
is not invalidated or otherwise prejudiced by reason that another
purpose may have more properly been selected by the Council in
accordance with this subsection.
(6) On its publication in the Gazette, judicial notice is to be taken of an
approved scheme.
(7) The powers conferred by this section are in addition to any other
power or right exercisable in law in relation to property held by the
University on trust.
(8) In this section:
approved scheme means a scheme approved under
subsection (3).
prescribed property means property held by the University on
terms requiring the property or income from the property to be
applied for a purpose or purposes.
Part 8 Property, finance, audit and annual report
Charles Darwin University Act 2003 20
37 Financial accommodation
(1) The Council may obtain an advance by way of loan:
(a) from the Treasurer;
(b) on overdraft from an ADI; or
(c) from any other person.
(2) An advance under subsection (1)(c) may be on security and at a
rate of interest and on terms and conditions that the Council thinks
fit.
38 Budget and financial information
(1) The Council must:
(a) in each financial year – adopt for the next financial year a
budget for all funds of the University (other than those to
which subsection (3) relates);
(b) approve all amendments to the budget; and
(c) control the expenditure of the University so that it conforms as
nearly as practicable to the budget adopted under
paragraph (a).
(3) The Council must each year:
(a) review:
(i) the funds available to the University by way of bequest,
donation or special grant; and
(ii) the expenditure of those funds; and
(b) subject to the terms of a trust – approve the proposed
disposition of those funds.
(4) The Treasurer may require the Vice-Chancellor to provide
information that, in the Treasurer's opinion, is necessary to enable
him or her to accurately assess the financial affairs of the
University, including details of:
(a) financial investments in corporations, trusts and joint ventures;
(b) contingent liabilities; and
(c) guarantees.
Part 8 Property, finance, audit and annual report
Charles Darwin University Act 2003 21
(5) The Vice-Chancellor must provide the information required by the
Treasurer under subsection (4).
39 Annual reports and audit
(1) The Council must:
(a) within 6 months after the end of the financial year; or
(b) within any further period that the Minister allows,
prepare a report on the operations of the University during the
financial year and forward it to the Minister.
(2) A report under subsection (1) must include any financial statement
prepared under subsection (3).
(3) The Vice-Chancellor must:
(a) within 3 months after the end of the financial year; or
(b) within any further period that the Treasurer allows,
prepare a financial statement in respect of the operations of the
University or functions of the University specified by the Treasurer
in writing.
(4) A financial statement under subsection (3) must be prepared in the
form that the Treasurer directs.
(5) The Vice-Chancellor must forward the financial statement to the
Auditor-General.
(6) The Auditor-General must:
(a) audit the statement forwarded under subsection (5); and
(b) within 3 months after receiving the statement or any further
period that the Administrator allows:
(i) report on the statement to the Minister; and
(ii) forward a copy of the report to the Vice-Chancellor.
(7) The Minister must table in the Legislative Assembly:
(a) the report under subsection (1); and
(b) the report of the Auditor-General under subsection (6),
Part 9 Miscellaneous
Charles Darwin University Act 2003 22
within 6 sitting days of the Assembly after receiving the report of the
Auditor-General.
Part 9 Miscellaneous
40 Trading corporations etc.
The Council may, with the approval of the Treasurer:
(a) establish; or
(b) participate in establishing,
trading, research or other corporations for the purpose of promoting
or assisting the University in connection with its functions.
41 Controlled entities
(1) The Council must ensure that a controlled entity of the University is
properly managed by:
(a) ensuring that members of the board of the entity possess
appropriate skills, knowledge and experience;
(b) ensuring that a sufficient number of members of the board of
the entity are independent;
(c) ensuring that the board of the entity adopts and implements a
statement of governance principles acceptable to the Council;
(d) ensuring that the board of the entity documents a clear
corporate and business strategy that reports and updates
annually the entity's long term objectives and includes an
annual business plan containing achievable and measurable
performance targets and milestones;
(e) requiring the board of the entity to prepare quarterly reports
against its business plan; and
(f) requiring the financial statements of the entity to be audited by
the Auditor-General.
(2) In subsection (1):
controlled entity has the same meaning as in Australian
Accounting Standard 31 (Financial Reporting by Governments)
issued by the Australian Accounting Standards Board, as in force
from time to time.
Part 9 Miscellaneous
Charles Darwin University Act 2003 23
42 Delegation
(1) The Council may delegate any of its powers and functions under
this Act other than:
(a) a power or function referred to in section 8(2);
(b) this power of delegation; or
(c) the power to make By-laws or Rules.
(2) The Vice-Chancellor, subject to the directions of the Council, may
delegate any of his or her powers and functions under this Act other
than this power of delegation.
(3) A power or function delegated under this section, when exercised
or performed by the delegate, is taken to have been exercised or
performed by the Council or Vice-Chancellor, as the case may be.
(4) A delegation under this section does not prevent the exercise of a
power or the performance of a function by the Council or
Vice-Chancellor.
(5) If a power or function is delegated under this section by the Council
to a member of the staff of the University, the power or function is
also delegated to the Vice-Chancellor.
(6) If a power or function is delegated under this section by the Council
to a committee of the Council and the composition of the committee
changes, the power or function is delegated to the committee
despite its change of composition (unless expressly revoked or
varied by the Council).
(7) A delegation under this section must be in writing.
43 Terms of contract and execution of documents
(1) A deed, instrument, contract or agreement relating to any property
or matter that, if made or executed by an individual, would by law
be required to be in writing under seal may be made on behalf of
the University in writing under its common seal.
(2) An instrument, contract or agreement relating to any property or
matter that, if made by or between individuals would be required to
be in writing and signed by the parties, may be made on behalf of
the University in writing by a person acting under the authority,
express or implied, of the Council.
Part 9 Miscellaneous
Charles Darwin University Act 2003 24
(3) A contract relating to any property or matter that, if made between
individuals, would by law be valid although made by parol only (and
not reduced to writing) may be made on behalf of the University by
a person acting under the authority, express or implied, of the
Council.
(4) A contract entered into or an instrument, contract or agreement
signed in relation to any property or obligation of the University is
taken to have been entered into or signed with the express
authority of the Council if it is entered into or signed in accordance
with a resolution of the Council that is in force.
44 Protection from liability
(1) This section applies to a person who is or has been:
(a) a member of the University;
(b) a member of the Council; or
(c) a member of a committee.
(2) The person is not civilly or criminally liable for an act done or
omitted to be done by the person in good faith in the exercise or
purported exercise of a power, or the performance or purported
performance of a function, under this Act.
(3) In addition, the person is not civilly or criminally liable for an act
done or omitted to be done by the University or the Council in the
exercise or purported exercise of a power, or the performance or
purported performance of a function, under this Act.
(4) Subsections (2) and (3) do not affect any liability the Territory or the
University would, apart from those subsections, have for the act or
omission.
45 Validity of proceedings
(1) Proceedings of the Council or a committee of the Council cannot be
invalidated by reason only of:
(a) a defect in the appointment or election of, or a disqualification
of, a member of the Council or the committee;
(b) a defect in convening or conducting a meeting of the Council
or the committee;
(c) a vacancy in the membership of the Council or the committee;
Part 9 Miscellaneous
Charles Darwin University Act 2003 25
(d) the fact that a person purporting to be a member of the
Council or the committee was not a member; or
(e) a contravention of or non-compliance with section 16 by a
member of the Council or the committee.
(2) An act done by the Vice-Chancellor or a delegate of the Council or
the Vice-Chancellor cannot be invalidated by reason only of a
defect in the appointment of the person to the office.
46 By-laws
(1) The Council may make by-laws, not inconsistent with this Act,
prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The By-laws may provide for:
(a) the use and custody of the common seal of the University;
(b) the method of electing members of the Council under
section 9(1), including procedures relating to nominating,
enrolling, voting, counting of votes and declaring the polls;
(c) the manner and time of convening, holding and adjourning the
meetings of the Council, voting at meetings, the powers and
duties of the Chancellor or other person presiding at meetings,
and the conduct and recording of the business at meetings;
(d) the appointment of committees of the Council, and the
quorum, powers and duties of those committees;
(e) the admission of students to the University;
(f) the promotion and extension of University teaching and
research;
(g) the granting of degrees, diplomas, certificates and honours by
the University;
(h) the granting of fellowships, scholarships, exhibitions, bursaries
and prizes by the University;
Part 9 Miscellaneous
Charles Darwin University Act 2003 26
(i) the admitting of students of other universities or educational
establishments to a corresponding status or of graduates of
other universities to a corresponding degree or diploma of the
University without examination;
(j) the establishing, managing and controlling of libraries and
museums in connection with the University;
(k) the establishing, managing and controlling of halls of
residence established, and other accommodation provided, by
the University;
(l) the affiliation, association or connection with the University of
an educational or research establishment, wherever situated,
to which the governing body of the establishment consents;
(m) the controlling and investing of property of the University,
including property held on trust or subject to a condition;
(n) the protecting of property of or under the control of the
University from trespass, damage or misuse;
(o) the regulation and control of access to, and the use of, land
and buildings of or under the control of the University and the
conduct of persons and the presence and use of vehicles
thereon;
(p) the terms and conditions of appointment of academic and
other staff;
(q) the recognition of the status of graduate for the purposes of
this Act;
(r) student discipline;
(s) the making of rules; and
(t) the method for collecting fees and charges determined by the
Council under section 31 and the recovery of costs and
charges associated with collecting those fees and charges.
(3) A by-law may:
(a) in the case of an offence of:
(i) bringing a vehicle onto or parking or standing a vehicle
on a site in breach of a by-law;
(ii) driving a vehicle on a part of a site in breach of a by-law;
Part 9 Miscellaneous
Charles Darwin University Act 2003 27
(iii) driving a vehicle on a part of a site at a speed in excess
of a speed that, in relation to that part, is prescribed,
determined by a method prescribed or fixed by a person
authorised by a by-law so to do in respect of the site or
that part;
(iv) driving a vehicle on a part of a site contrary to a
direction, whether given by a person authorised by a by-
law so to do or by a traffic control device on the site; or
(v) doing on a site with or in respect of a vehicle any other
act that is prescribed,
provide that the person who was in charge of the vehicle at
the material time or the owner of the vehicle (whether or not
the owner was in charge of the vehicle at the material time) is
liable to be punished for the offence;
(b) define who is the owner of a vehicle for the purposes of the
By-laws;
(c) provide for the removing or disposing of a vehicle:
(i) parked or left standing on a site in a position that
obstructs, interferes with or causes danger to other
vehicles on the site or to users of the site; or
(ii) apparently abandoned on a site; and
(d) prescribe the proof that is necessary or sufficient to establish a
matter relevant to an offence created by the By-laws.
(4) A by-law referred to in subsection (3)(a) cannot be construed so
that the owner of a vehicle and the person in charge of it at the time
an offence was committed with or in respect of the vehicle are both
liable for the one offence.
(5) The By-laws are not subordinate legislation for the purposes of
section 57 of the Interpretation Act 1978.
(6) In subsection (3):
site means land or a building the property of or under the control of
the University.
47 Rules
(1) The Council may make rules (not inconsistent with this Act or the
By-laws) for carrying into effect any of the provisions of this Act or
the By-laws.
Part 10 Repeals, savings and transitional provisions
Charles Darwin University Act 2003 28
(2) Rules must be signed by a person authorised by the Council to sign
them.
(3) Rules:
(a) must be published in the manner provided for in the By-laws;
and
(b) take effect from the date of publication or, if a later date is
provided for in the Rules, from the later date.
(4) It is sufficient compliance with the requirements of subsection (3) if
notice of the making of the Rules and the place where copies of
them may be obtained is published on a notice board nominated in
the By-laws as the main notice board for the University in each
campus.
(5) Sections 63A to 63C of the Interpretation Act 1978 do not apply to
the Rules.
48 Penalties under by-laws and rules
(1) A by-law or rule may impose, or empower the Council or an officer
of the University or a body established in accordance with the
By-laws to impose, a penalty not exceeding:
(a) in the case of a by-law – 10 penalty units; and
(b) in the case of a rule – one penalty unit,
for a contravention of or failure to comply with a by-law or rule.
(2) A penalty imposed under a power conferred by a by-law or rule is a
debt due and payable by the person on whom it is imposed to the
University.
(3) In proceedings to recover a penalty imposed under a by-law or rule,
a certificate signed by an officer of the University and specifying the
person or body by whom it was imposed, the date on which it was
imposed and the amount of the penalty is prima facie evidence of
the matters specified.
Part 10 Repeals, savings and transitional provisions
49 Repeal
The Acts specified in Schedule 1 are repealed.
Part 10 Repeals, savings and transitional provisions
Charles Darwin University Act 2003 29
50 Removal of college status of Centralian College
Centralian College:
(a) ceases to be a college for the purposes of the Education
Act 1979; and
(b) ceases to be a body corporate.
51 Establishing first Council
(1) As soon as practicable after the commencement of this section:
(a) the members of the Council referred to in section 9(1)(d) are
to be appointed; and
(b) the members of the Council referred to in section 9(1)(e), (f),
(g) and (h) are to be elected.
(2) For the purposes of this section, section 9 is taken to have come
into operation on the commencement of this section.
(3) For the purposes of this section, the Nominations Committee
consists of the Chancellor, Vice-Chancellor and Deputy Chancellor
of the Northern Territory University.
(4) The Nominations Committee must nominate persons to be
appointed under section 9(1)(d) in accordance with section 9.
(5) As soon as practicable after the commencement of this section, the
Vice-Chancellor of the Northern Territory University is to conduct
elections for the members referred to in section 9(1)(e), (f), (g)
and (h) and a reference in those paragraphs to the University is to
be read as a reference to the Northern Territory University.
(6) The elections are to be conducted in accordance with the Northern
Territory University (Election of Members of Council) By-laws 1990
(with the necessary changes) and a reference in those By-laws:
(a) to an election is to be read as a reference to an election
conducted under this section; and
(b) to the Registrar is to be read as a reference to the Vice-
Chancellor.
(7) A person appointed to the Council under section 9(1)(d) in
accordance with this section holds office for the period, not
exceeding 3 years, as is specified in his or her appointment.
Part 10 Repeals, savings and transitional provisions
Charles Darwin University Act 2003 30
(8) A person elected to the Council under section 9(1)(e), (f), (g)
and (h) in accordance with this section holds office for one year
from the date he or she is elected.
(9) As soon as practicable after the members of the Council are
appointed and elected under this section, the Council must elect the
Chancellor and Deputy Chancellor.
(10) For the purposes of subsection (9), sections 13 and 14 are taken to
have come into operation on the commencement of this section.
(11) The Council referred to in subsection (9) is to consist of the
members appointed and elected under this section and the Vice-
Chancellor and the Chair of the Academic Board of the Northern
Territory University.
(12) The Chancellor elected under this section holds office for 3 years
commencing on the commencement of this Act.
52 Savings and transitional provisions
(1) The savings and transitional provisions in Schedules 2 and 3 have
effect.
(2) The Administrator may by regulations make provisions (not
inconsistent with this Act) that the Administrator considers
necessary or desirable to be made:
(a) for the purpose of giving effect to section 50;
(b) for the purpose of giving effect to section 51; or
(c) with respect to any matter or thing existing or in force
immediately before the commencement of this Act, being
provisions consequential on the repeals effected by
section 49.
(3) For the purposes of subsection (2)(b), subsection (2) is taken to
have commenced on the commencement of section 51.
Schedule 1
Charles Darwin University Act 2003 31
Schedule 1
Section 49
Northern Territory University Act 1988 No. 49, 1988
Northern Territory University Amendment Act 1994 No. 79, 1994
Schedule 2 Savings and transitional provisions – Northern Territory University
Charles Darwin University Act 2003 32
Schedule 2 Savings and transitional provisions – Northern
Territory University
section 52(1)
(1) On the commencement of this Act, the person who immediately
before that commencement was the Vice-Chancellor of the
Northern Territory University is the Vice-Chancellor as if appointed
under section 15 of this Act on the same terms and conditions as
determined for the office under the Northern Territory University
Act 1988.
(2) On the commencement of this Act:
(a) the Academic Board of the University that was established
under section 24 of the Northern Territory University Act 1988
is the Academic Board as if established under section 20 of
this Act; and
(b) the persons who immediately before that commencement
were the Chair and Deputy Chair of the Academic Board of
the University established under section 24 of the Northern
Territory University Act 1988 are the Chairperson and Deputy
Chairperson of the Academic Board as if appointed to those
offices under section 20 of this Act.
(3) On the commencement of this Act:
(a) the student association that was established under section 26
of Northern Territory University Act 1988 is taken to have been
established under section 22 of this Act; and
(b) the constitution in force under section 26 of Northern Territory
University Act 1988 immediately before that commencement is
to taken be the constitution in force under section 22 of this
Act.
(4) On the commencement of this Act, persons who immediately before
that commencement were the staff of the Northern Territory
University appointed under section 29 of the Northern Territory
University Act 1988 are the staff of the University as if appointed
under section 28 of this Act on the same terms and conditions as
determined under section 29 of the Northern Territory University
Act 1988.
Schedule 2 Savings and transitional provisions – Northern Territory University
Charles Darwin University Act 2003 33
(5) On the commencement of this Act, by-laws and rules that were in
force under Northern Territory University Act 1988 immediately
before that commencement continue in force as if they were
by-laws and rules made under this Act.
(6) By-laws and rules referred to in subclause (5) may be amended or
repealed under this Act.
(7) By-laws and rules referred to in subclause (5) are to be read as if a
reference in them:
(a) to the University or the Council were a reference to the
University or Council within the meaning of this Act;
(b) to a section of the Act were a reference to the equivalent
section (if any) of this Act; and
(c) to an office, designation or position were a reference to the
equivalent office, designation or position (if any) under this
Act.
(8) If an office, designation or position in by-laws and rules referred to
in subclause (5) no longer exists under this Act, the reference is to
be read as a reference to the office, designation or position
determined by the Vice-Chancellor.
Schedule 3 Savings and transitional provisions – Centralian College
Charles Darwin University Act 2003 34
Schedule 3 Savings and transitional provisions –
Centralian College
section 52(1)
1 Staff of Centralian College
(1) A person who immediately before the commencement of this Act
was an employee of the Department performing duties for
Centralian College is on that commencement a member of the staff
of the University.
(2) A person to whom subclause (1) applies:
(a) is entitled to be paid salary or wages, allowances and other
benefits at rates equal to, and on the same terms and
conditions as, those that were payable to him or her
immediately before the commencement of this Act until his or
her salary, wages, allowances or other benefits is or are
varied or altered by an award of a competent tribunal or an
industrial agreement or by any other lawful means or, subject
to an award or an industrial agreement or other lawful means,
by a decision of the Council;
(b) continues to be employed on the same conditions as the
conditions of his or her employment under the Public Sector
Employment and Management Act 1993 immediately before
the commencement of this Act (including any period of
probation or any approval given under section 61 of that Act to
engage in paid employment outside his or her employment)
until varied or altered by an award of a competent tribunal or
an industrial agreement or by any other lawful means or,
subject to an award or an industrial agreement or other lawful
means, by a decision of the Council; and
(c) retains all his or her existing and accruing rights arising from
his or her employment under the Public Sector Employment
and Management Act 1993 as if he or she continued to be
employed under that Act, and for that purpose the person's
service under that Act is to be taken to be service with the
University.
(3) If the contract of employment of a person to whom subclause (1)
applies is expressed to expire on a specified or ascertainable date
that occurs after the commencement of this Act, the person is taken
to be a member of the staff of the University under a contract of
employment that expires on the same date.
Schedule 3 Savings and transitional provisions – Centralian College
Charles Darwin University Act 2003 35
(4) All:
(a) rights and proceedings under Part 7, 8 or 9 of the Public
Sector Employment and Management Act 1993 of or in
respect of a person who under subclause (1) is a member of
the staff of the University that exist and are pending or have
commenced immediately before the commencement of this
Act;
(b) obligations, duties, liabilities or remedies under the Public
Sector Employment or Management Act 1993 in respect of
those rights and proceedings; and
(c) orders, directions or decisions made in respect of those rights
or proceedings under the Public Sector Employment and
Management Act 1993,
continue unaffected and may be dealt with under the Public Sector
Employment and Management Act 1993 but this Act and the By-
laws apply in relation to those orders, directions or decisions with
the necessary changes.
(5) Any suspension, instruction, direction or other action that:
(a) was taken or given under the Public Sector Employment and
Management Act 1993 in relation to a person who under
subclause (1) is a member of the staff of the University; and
(b) is in force immediately before the commencement of this Act,
continues to have effect as if made under this Act and this Act and
the By-laws apply in relation to the suspension, instruction, direction
or other action with the necessary changes.
(6) A person to whom subclause (1) applies is not entitled to claim
benefits under both this Act and the Public Sector Employment and
Management Act 1993 in respect of the same period of service.
(7) A person to whom subclause (1) applies may apply in writing to the
Chief Executive Officer to be re-appointed an employee at any time
before 1 January 2005.
(8) A person who applies under subclause (7):
(a) is to be provided with assistance by the Department (in
accordance with redeployment procedures applying to
persons to whom this subclause applies) to find suitable
employment in the Public Sector;
Schedule 3 Savings and transitional provisions – Centralian College
Charles Darwin University Act 2003 36
(b) is to actively seek to find suitable employment in the Public
Sector; and
(c) is not to refuse to accept employment in the Public Sector that
the Chief Executive Officer considers the person is capable of
performing and is competent and qualified to perform.
(9) Subclause (8) ceases to apply on 30 June 2005.
(10) If a person who applies under subclause (7) is re-appointed an
employee on or before 30 June 2005:
(a) the person's employment as a member of the staff of the
University is, for the purposes of the Public Sector
Employment and Management Act 1993, to be taken to be
employment under that Act; and
(b) for the purposes of the Public Sector Employment and
Management Act 1993 – subclause (1) is taken not to have
applied to the person.
(11) In this clause:
Chief Executive Officer means the Chief Executive Officer within
the meaning of the Public Sector Employment and Management
Act 1993 of the Department.
Department means the Department of Employment, Education and
Training.
employee means an employee within the meaning of the Public
Sector Employment and Management Act 1993.
Public Sector means the Public Sector within the meaning of the
Public Sector Employment and Management Act 1993.
2 Property etc. of Centralian College
On the commencement of this Act, all property, rights and liabilities
of Centralian College become the property, rights and liabilities of
the University.
ENDNOTES
Charles Darwin University Act 2003 37
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
bl = by-law om = omitted
ch = Chapter pt = Part
div = Division r = regulation/rule
exp = expires/expired renum = renumbered
f = forms rep = repealed
Gaz = Gazette s = section
hdg = heading sch = Schedule
ins = inserted sdiv = Subdivision
lt = long title SL = Subordinate Legislation
N/C = not commenced sub = substituted
2 LIST OF LEGISLATION
Charles Darwin University Act 2003 (Act No. 45, 2003)
Assent date 29 August 2003
Commenced s 51: 29 August 2003; rem: 5 November 2003 (Gaz G44,
5 November 2003, p 3)
Statute Law Revision Act (No. 2) 2004 (Act 54, 2004)
Assent date 15 September 2004
Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3)
Charles Darwin University Amendment Act 2005 (Act No. 31, 2005)
Assent date 26 August 2005
Commenced 30 September 2005 (Gaz G39, 28 September 2005, p 5)
Statute Law Revision Act 2007 (Act No. 4, 2007)
Assent date 8 March 2007
Commenced 8 March 2007
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Interpretation Amendment Act 2021 (Act No. 28, 2021)
Assent date 15 December 2021
Commenced 1 January 2022 (s 2)
Statute Law Revision Act 2023 (Act No. 4, 2023)
Assent date 2 March 2023
Commenced 3 March 2023 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 4, 11, 46, 47, 50 and
51 and sch 2 and 3.
ENDNOTES
Charles Darwin University Act 2003 38
4 LIST OF AMENDMENTS
s 3 amd No. 4, 2023, s 23
s 9 amd No. 31, 2005, s 4
s 10 amd No. 31, 2005, s 5
s 10A ins No. 31, 2005, s 6
s 11 amd No. 31, 2005, s 7
s 32 amd No. 4, 2017, s 34
s 38 amd No. 31, 2005, s 8
s 46 amd No. 4, 2007, s 7
s 47 amd No. 4, 2007, s 7; No. 28, 2021, s 20
s 52 amd No. 54, 2004, s 7