Preliminary

sec.1 Short title

This Act may be cited as the James Cook University Act 1997 .

sec.2 Commencement

This Act commences on a day to be fixed by proclamation.

sec.3 Definitions

The dictionary in schedule 2 defines particular words used in this Act.

The university and its council

University establishment and general functions and powers

sec.4 Establishment of university

The James Cook 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 James Cook 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

The university’s functions are— to provide education at university standard; and to provide facilities for study and research generally and, in particular, in subjects of special importance to the people of the tropics; and to encourage study and research generally and, in particular, in subjects of special importance to the people of the tropics; 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. s 5 amd 1999 No. 81 s 42

• (a) to provide education at university standard; and
• (b) to provide facilities for study and research generally and, in particular, in subjects of special importance to the people of the tropics; and
• (c) to encourage study and research generally and, in particular, in subjects of special importance to the people of the tropics; 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
• (ea) to disseminate knowledge and promote scholarship; and
• (eb) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
• (f) 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
• (g) to perform other functions given to the university under this or another Act.

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.

Council establishment and general functions and powers

sec.7 Establishment of council

There is a council of the university.

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

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

The council must act in the way that appears to it most likely to promote the university’s interests.

sec.11 Delegation

The council may delegate its powers under this Act to— an appropriately qualified member of the council; or a committee consisting of appropriately qualified persons, but which must include 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 50 ; 2017 No. 36 s 23 (sec.11-ssec.1) The council may delegate its powers under this Act to— an appropriately qualified member of the council; or a committee consisting of appropriately qualified persons, but which must include 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) a committee consisting of appropriately qualified persons, but which must include 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.

Council membership

Section sec.11A

s 11A ins 2017 No. 36 s 25 om 2026 No. 6 s 9C

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 51 amd 2026 No. 6 s 9D

sec.13 Official members

The official members are— the chancellor; and the vice-chancellor; and if the chairperson is not the vice-chancellor—the chairperson. s 13 sub 2017 No. 36 s 26

• (a) the chancellor; and
• (b) the vice-chancellor; and
• (c) if the chairperson is not the vice-chancellor—the chairperson.

sec.14 Appointed members

There are 6 appointed members. The Governor in Council is to appoint the appointed members. s 14 amd 2005 No. 18 s 52 ; 2026 No. 6 s 9E (sec.14-ssec.1) There are 6 appointed members. (sec.14-ssec.2) The Governor in Council is to appoint the appointed members.

sec.15 Elected members

There are 5 elected members. The elected members are— 2 members of the academic staff of the university; and 1 member of the professional and technical staff of the university; and 1 undergraduate student; and 1 postgraduate student. Each elected member is to be elected at a council election. s 15 amd 2005 No. 18 s 53 ; 2009 No. 40 s 41 ; 2017 No. 36 s 27 ; 2026 No. 6 s 9F (sec.15-ssec.1) There are 5 elected members. (sec.15-ssec.2) The elected members are— 2 members of the academic staff of the university; and 1 member of the professional and technical staff of the university; and 1 undergraduate student; and 1 postgraduate student. (sec.15-ssec.3) Each elected member is to be elected at a council election.

• (a) 2 members of the academic staff of the university; and
• (b) 1 member of the professional and technical staff of the university; and
• (c) 1 undergraduate student; and
• (d) 1 postgraduate student.

sec.16 Additional members

There are 2 additional members. The council must appoint the additional members. An additional member must not be a member of the university’s staff or a student. s 16 sub 2005 No. 18 s 54 amd 2017 No. 36 s 28 sub 2026 No. 6 s 9G (sec.16-ssec.1) There are 2 additional members. (sec.16-ssec.2) The council must appoint the additional members. (sec.16-ssec.3) An additional member must not be a member of the university’s staff or a student.

sec.17 When council is taken to be properly constituted

The council is taken to be properly constituted if the total number of members holding office under this division is— if there is an official member under section 13 (c) —at least 9; or otherwise—at least 8. For subsection (1) , it does not matter whether the members are official, appointed, elected or additional members. s 17 amd 2005 No. 18 s 55 sub 2017 No. 36 s 29 amd 2026 No. 6 s 9H (sec.17-ssec.1) The council is taken to be properly constituted if the total number of members holding office under this division is— if there is an official member under section 13 (c) —at least 9; or otherwise—at least 8. (sec.17-ssec.2) For subsection (1) , it does not matter whether the members are official, appointed, elected or additional members.

• (a) if there is an official member under section 13 (c) —at least 9; or
• (b) otherwise—at least 8.

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 56

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) or (d) 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 57 ; 2026 No. 6 s 9I (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) or (d) 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

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 58 amd 2026 No. 6 s 9J

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 an undergraduate or postgraduate student, the council may appoint a student of that type 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 57 amd 2005 No. 18 s 59 ; 2017 No. 36 s 30 ; 2026 No. 6 s 9K (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 an undergraduate or postgraduate student, the council may appoint a student of that type 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 members

This section applies if, by the end of the relevant day— insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) or (b) (each a relevant class ) to comply with section 15 (2) ; or a person is not elected for a class of elected members mentioned in section 15 (2) (c) or (d) (also each a relevant class ). The Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15 (2) . 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 58 sub 2005 No. 18 s 59A ; 2017 No. 36 s 31 amd 2026 No. 6 s 9L (sec.21-ssec.1) This section applies if, by the end of the relevant day— insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) or (b) (each a relevant class ) to comply with section 15 (2) ; or a person is not elected for a class of elected members mentioned in section 15 (2) (c) or (d) (also each a relevant class ). (sec.21-ssec.2) The Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15 (2) . (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.

• (a) insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) or (b) (each a relevant class ) to comply with section 15 (2) ; or
• (b) a person is not elected for a class of elected members mentioned in section 15 (2) (c) or (d) (also each a relevant class ).

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

Section sec.22A

s 22A ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22B

s 22B ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22C

s 22C ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22D

s 22D ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22E

s 22E ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22F

s 22F ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22G

s 22G ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22H

s 22H ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22I

s 22I ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22J

22J ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22K

22K ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22L

22L ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22M

22M ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22N

22N ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22O

22O ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22P

22P ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Section sec.22Q

22Q ins 2017 No. 36 s 32 om 2026 No. 6 s 9M

Matters relating to offices of appointed, elected and additional members

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 60 amd 2017 No. 36 s 33 (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

The office of an elected, appointed or additional member becomes vacant if— the member dies; or for an elected member of a class mentioned in section 15 (2) (a) to (d) — if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or otherwise—the member ceases to be an eligible person for the class; or An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student. for an additional member—the member becomes a member of the university’s staff or a student; or the member is absent, without the council’s leave, from 3 consecutive meetings of the council of which proper notice has been given to the member; 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 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 chancellor or, if a later day of effect is stated in the notice, the later day. s 24 amd 2005 No. 18 s 61 ; 2017 No. 36 s 34 ; 2026 No. 6 s 9N (sec.24-ssec.1) The office of an elected, appointed or additional member becomes vacant if— the member dies; or for an elected member of a class mentioned in section 15 (2) (a) to (d) — if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or otherwise—the member ceases to be an eligible person for the class; or An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student. for an additional member—the member becomes a member of the university’s staff or a student; or the member is absent, without the council’s leave, from 3 consecutive meetings of the council of which proper notice has been given to the member; 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 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 chancellor or, if a later day of effect is stated in the notice, the later day.

• (a) the member dies; or
• (b) for an elected member of a class mentioned in section 15 (2) (a) to (d) — (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate 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) (d) ceases to be a postgraduate student.
• (c) for an additional member—the member becomes a member of the university’s staff or a student; or
• (d) the member is absent, without the council’s leave, from 3 consecutive meetings of the council of which proper notice has been given to the member; 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 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 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) (d) ceases to be a postgraduate 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 chancellor; or

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 s 165 s ch 1 pt 1 (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

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 s 165 s ch 1 pt 1 (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.

Council elections

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. 26AA ins 2017 No. 36 s 35 amd 2026 No. 6 s 9O (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

An election required under section 15 or 20A must be held under the election policy. 26AB ins 2017 No. 36 s 35 amd 2026 No. 6 s 9P

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 (d) 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. 26AC ins 2017 No. 36 s 35 amd 2026 No. 6 s 9Q

• (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.

Members’ function, and removing elected, appointed and additional members from office

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 62 (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

The council may remove an elected, appointed or additional member from office if at least two-thirds of its 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 62 amd 2017 No. 36 s 36 (sec.26B-ssec.1) The council may remove an elected, appointed or additional member from office if at least two-thirds of its 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.

Extending 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 the elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension— is in the best interests of the university; and is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently. 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 62 amd 2017 No. 36 s 37 ; 2026 No. 6 s 9R (sec.26C-ssec.1) The Minister may, by notice given to the council, extend the terms of office of the elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension— is in the best interests of the university; and is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently. (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 .

Meetings of the council

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

A quorum exists at a meeting of the council if at least half its members are present.

sec.29 Conduct of meetings

The council may otherwise regulate its proceedings as it considers appropriate.

Certain officers of the university

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 staff. The chancellor holds office for the term, not longer than 5 years, fixed by the council. s 30 amd 2005 No. 18 s 63 ; 2017 No. 36 s 38 (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 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

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 64 ; 2009 No. 40 s 42 ; 2017 No. 36 s 39 (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

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 40 (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.

Bodies connected with the university

Convocation

sec.33 Establishment of convocation

A convocation of the university is established. The council is to decide the membership of the convocation. The council is to decide— how meetings of the convocation are to be called; and how the convocation is to conduct its proceedings; and if and how members of the convocation are to be appointed as members of the council; and the quorum of a meeting of the convocation; and the powers and functions of the convocation. s 33 amd 2017 No. 36 s 41 (sec.33-ssec.1) A convocation of the university is established. (sec.33-ssec.2) The council is to decide the membership of the convocation. (sec.33-ssec.3) The council is to decide— how meetings of the convocation are to be called; and how the convocation is to conduct its proceedings; and if and how members of the convocation are to be appointed as members of the council; and the quorum of a meeting of the convocation; and the powers and functions of the convocation.

• (a) how meetings of the convocation are to be called; and
• (b) how the convocation is to conduct its proceedings; and
• (c) if and how members of the convocation are to be appointed as members of the council; and
• (d) the quorum of a meeting of the convocation; and
• (e) the powers and functions of the convocation.

Union

sec.34 Establishment of union

The James Cook University Union is established. The union— 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 James Cook University Union is established. (sec.34-ssec.2) The union— 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

The persons who are eligible to be members of the union are— students; and persons eligible for membership under the union’s constitution.

• (a) students; and
• (b) persons eligible for membership under the union’s constitution.

sec.36 Role

The union has the role and powers stated in its constitution. The union also has the role and powers decided by the council. However, the union is not the employee or agent of the council. (sec.36-ssec.1) The union has the role and powers stated in its constitution. (sec.36-ssec.2) The union also has the role and powers decided by the council. (sec.36-ssec.3) However, the union is not the employee or agent of the council.

sec.37 General powers

Without limiting section 36 , the union has all the powers of an individual, including, for example, the power to acquire, hold, dispose of, and deal with, property.

sec.38 Constitution

The union must have a written constitution. The union’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 union must have a written constitution. (sec.38-ssec.2) The union’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.

Section sec.39

s 39 om 2017 No. 36 s 42

Academic board

sec.40 Establishment of academic board

The council may establish an academic board of the university. The council is to decide— the membership of the academic board; and the functions of the academic board in relation to academic matters, including teaching and learning, academic policies and research. s 40 amd 2017 No. 36 s 43 (sec.40-ssec.1) The council may establish an academic board of the university. (sec.40-ssec.2) The council is to decide— the membership of the academic board; and the functions of the academic board in relation to academic matters, including teaching and learning, academic policies and research.

• (a) the membership of the academic board; and
• (b) the functions of the academic board in relation to academic matters, including teaching and learning, academic policies and research.

sec.40A Chairperson of academic board

There is to be a chairperson of the academic board. The council must decide who is the chairperson. The chairperson holds office for the term, not longer than 3 years, decided by the council. s 40A (prev s 40AA) ins 2005 No. 18 s 65 renum 2005 No. 18 s 165 sch amd 2009 No. 40 s 43 (sec.40A-ssec.1) There is to be a chairperson of the academic board. (sec.40A-ssec.2) The council must decide who is the chairperson. (sec.40A-ssec.3) The chairperson holds office for the term, not longer than 3 years, decided by the council.

Application of Corporations legislation to bodies

sec.40B Excluded matters for Corporations legislation

Each of the following 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 convocation; the academic board. The union 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 renum 2005 No. 18 s 165 sch amd 2017 No. 36 s 44 (sec.40B-ssec.1) Each of the following 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 convocation; the academic board. (sec.40B-ssec.2) The union 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)

• (a) the convocation;
• (b) the academic board.

Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and chairperson

sec.40C Disqualification from office

A person can not become, or continue as, the chancellor, vice-chancellor or chairperson if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . See section 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 chairperson when convicted—give notice to the person that the person— is restored as the chancellor, vice-chancellor or chairperson; and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become the chancellor, vice-chancellor or chairperson despite the conviction. On the day the person receives a notice under subsection (2) (a) — the person is restored as the chancellor, vice-chancellor or chairperson; and if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends. If a person is restored as the chancellor, vice-chancellor or chairperson under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or chairperson ends when it would have ended if the person had not been convicted of the offence. s 40C ins 2005 No. 18 s 66 amd 2017 No. 36 s 45 (sec.40C-ssec.1) A person can not become, or continue as, the chancellor, vice-chancellor or chairperson if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . See section 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 chairperson when convicted—give notice to the person that the person— is restored as the chancellor, vice-chancellor or chairperson; and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become the chancellor, vice-chancellor or chairperson despite the conviction. (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 chairperson; 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 chairperson under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or chairperson ends when it would have ended if the person had not been convicted of the offence.

• (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 chairperson when convicted—give notice to the person that the person— (i) is restored as the chancellor, vice-chancellor or chairperson; and (ii) may be later re-elected or reappointed, despite the conviction; or
• (i) is restored as the chancellor, vice-chancellor or chairperson; 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 chairperson despite the conviction.
• (i) is restored as the chancellor, vice-chancellor or chairperson; and
• (ii) may be later re-elected or reappointed, despite the conviction; or
• (a) the person is restored as the chancellor, vice-chancellor or chairperson; 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 chairperson from office

The council may remove the chancellor, vice-chancellor or chairperson from office if at least two-thirds of its members are satisfied the chancellor, vice-chancellor or chairperson has not complied with— section 26A (2) ; or a conduct obligation. If the council decides to remove the chancellor, vice-chancellor or chairperson from office under subsection (1) , the council must as soon as practicable give the chancellor, vice-chancellor or chairperson notice of the decision and the reasons for it. The chancellor’s, vice-chancellor’s or chairperson’s term of office ends on the later of the following— the day he or she receives the notice; the day, if any, stated in the notice for that purpose. s 40D ins 2005 No. 18 s 66 amd 2017 No. 36 s 46 (sec.40D-ssec.1) The council may remove the chancellor, vice-chancellor or chairperson from office if at least two-thirds of its members are satisfied the chancellor, vice-chancellor or chairperson 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 chairperson from office under subsection (1) , the council must as soon as practicable give the chancellor, vice-chancellor or chairperson notice of the decision and the reasons for it. (sec.40D-ssec.3) The chancellor’s, vice-chancellor’s or chairperson’s term of office ends on the later of the following— the day he or she receives the notice; the day, if any, stated in the notice for that purpose.

• (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

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 66 (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

The office of the chancellor, vice-chancellor or chairperson becomes vacant if he or she— can not continue as the chancellor, vice-chancellor or chairperson under section 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 66 (sec.40F-ssec.1) The office of the chancellor, vice-chancellor or chairperson becomes vacant if he or she— can not continue as the chancellor, vice-chancellor or chairperson under section 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 chairperson under section 40C ; or
• (b) is removed from office under section 40D .

Property and finance

Property held on trust or conditions

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

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

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

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

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

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

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.

The university may agree to and carry out any conditions of a gift, grant, bequest or devise of property to the university.

Dealing with State land by council

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 or operational deed of grant in trust may be for up to 100 years. Subsection (5) applies if the purpose for which a reserve was dedicated or for which land was granted in trust under the Land Act 1994 includes a reference to— ‘university’; or ‘university and college’. 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 or the land was granted in trust before or after the commencement of this section. In this section— operational deed of grant in trust see the Land Act 1994 , schedule 6 . operational reserve see the Land Act 1994 , schedule 6 . s 49 amd 2011 No. 39 s 34 ; 2024 No. 12 s 131 s ch 1 pt 1 (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 or operational deed of grant in trust may be for up to 100 years. (sec.49-ssec.4) Subsection (5) applies if the purpose for which a reserve was dedicated or for which land was granted in trust under the Land Act 1994 includes a reference to— ‘university’; or ‘university and college’. (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 or the land was granted in trust before or after the commencement of this section. (sec.49-ssec.7) In this section— operational deed of grant in trust see the Land Act 1994 , schedule 6 . operational reserve see the Land Act 1994 , schedule 6 .

• (a) ‘university’; or
• (b) ‘university and college’.

Finance

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

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

The university may establish or administer trust funds.

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

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

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

The university’s financial year is a calendar year.

Section sec.57

s 57 amd 1999 No. 81 s 43 ; 2005 No. 18 s 67 ; 2009 No. 40 s 44 om 2017 No. 36 s 47

Section sec.58

s 58 om 2017 No. 36 s 47

Section sec.59

s 59 om 2017 No. 36 s 47

Section sec.60

s 60 om 2017 No. 36 s 47

Miscellaneous

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 68 (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

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

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 69 (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

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 chairperson, or an elected or additional member, the council may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history. 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 69 amd 2017 No. 36 s 48 ; 2026 No. 6 s 9S (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 chairperson, or an elected or additional member, the council may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history. (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

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 69

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 49 (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

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 49 (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

Schedule 1 has effect.

sec.64 Regulation-making power

The Governor in Council may make regulations under this Act.

sec.65 Repealed Act references

In an Act or document, a reference to the James Cook University of North Queensland Act 1970 may, if the context permits, be taken to be a reference to this Act.

Repeal and transitional provisions

Repeal provision

Section sec.66

s 66 exp 1 January 1999 (see s 78)

sec.67 Repeal

The James Cook University of North Queensland Act 1970 No. 19 is repealed.

Transitional provisions for the University Legislation Amendment Act 2005

sec.68 Definitions for div 2

In this division— commencement means the commencement of the provision in which the term is used. new additional member see section 74. new appointed members see section 70(2). pre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act 2005 , part 4 . s 68 prev s 68 exp 1 January 1999 (see s 78) pres s 68 ins 2005 No. 18 s 70

sec.69 Continuation of official members

Despite section 13, a person who was an official member under section 13(2)(c), (e) or (f) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start. s 69 prev s 69 exp 1 January 1999 (see s 78) pres s 69 ins 2005 No. 18 s 70

sec.70 Appointment of new appointed members

The Minister must, within 1 year after the commencement, recommend to the Governor in Council 8 persons for appointment, under section 14(2), as appointed members. The Governor in Council may appoint the persons as appointed members (the new appointed members ). s 70 prev s 70 exp 1 January 1999 (see s 78) pres s 70 ins 2005 No. 18 s 70 (sec.70-ssec.1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 8 persons for appointment, under section 14(2), as appointed members. (sec.70-ssec.2) The Governor in Council may appoint the persons as appointed members (the new appointed members ).

sec.71 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 71 prev s 71 exp 1 January 1999 (see s 78) pres s 71 ins 2005 No. 18 s 70 (sec.71-ssec.1) This section applies to a person who was an appointed member immediately before the commencement. (sec.71-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.71-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.72 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 73; or the person’s office sooner becomes vacant. Despite section 19(1) and (2), the person’s term of office is 3 years. s 72 prev s 72 exp 12 April 1998 (see s 72(5)) pres s 72 ins 2005 No. 18 s 70 (sec.72-ssec.1) This section applies to a person who was an elected member immediately before the commencement. (sec.72-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 73; or the person’s office sooner becomes vacant. (sec.72-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 73; or
• (b) the person’s office sooner becomes vacant.

sec.73 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 person who is the member’s successor 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 members mentioned in section 15(2)(b) of the post-amended Act are 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 elected members mentioned in section 15(2)(f) of the post-amended Act are elected under the ballot. 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 72(3). In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 4 . s 73 prev s 73 exp 1 January 1999 (see s 78) pres s 73 ins 2005 No. 18 s 70 (sec.73-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.73-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.73-ssec.3) The person’s term of office ends when the person who is the member’s successor is elected under the ballot. (sec.73-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.73-ssec.5) The person’s term of office ends when the elected members mentioned in section 15(2)(b) of the post-amended Act are elected under the ballot. (sec.73-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.73-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.73-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.73-ssec.9) The person’s term of office ends when the elected members mentioned in section 15(2)(f) of the post-amended Act are elected under the ballot. (sec.73-ssec.10) A person is taken to be elected under the ballot when the new appointed members’ terms of office start. (sec.73-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.73-ssec.12) Subsections (3), (5), (7) and (9) apply despite section 72(3). (sec.73-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 4 .

sec.74 Appointment of new additional member

The council must, within 1 year after the commencement, appoint a person as the additional member (the new additional member ) under section 16. s 74 prev s 74 exp 1 January 1999 (see s 78) pres s 74 ins 2005 No. 18 s 70

sec.75 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 member’s term of office starts. s 75 prev s 75 exp 1 January 1999 (see s 78) pres s 75 ins 2005 No. 18 s 70 (sec.75-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.75-ssec.2) Despite section 20, the person’s term of office ends when the new additional member’s term of office starts.

• (a) the person’s term of office ends under subsection (2); or
• (b) the person’s office sooner becomes vacant.

sec.76 Council need not include additional members

Despite section 12, the council need not include an additional member before the new additional member’s term of office starts. s 76 prev s 76 exp 1 January 1999 (see s 78) pres s 76 ins 2005 No. 18 s 70

sec.77 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 73(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 4 , had not commenced. s 77 prev s 77 exp 1 January 1999 (see s 78) pres s 77 ins 2005 No. 18 s 70 (sec.77-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 73(1) is conducted. (sec.77-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 4 , had not commenced.

sec.78 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 15 or more members, whether they be additional, appointed, elected or official members. s 78 prev s 78 exp 1 January 1999 (see s 78) pres s 78 ins 2005 No. 18 s 70 (sec.78-ssec.1) This section applies until the new appointed members’ terms of office start. (sec.78-ssec.2) Despite section 17, the council is taken to be properly constituted when it has 15 or more members, whether they be additional, appointed, elected or official members.

Transitional provisions for University Legislation Amendment Act 2017

sec.79 Definitions 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. transition period means the period— starting when the council passes its first membership resolution; and ending when the membership resolution has taken effect for each membership class. s 79 ins 2017 No. 36 s 50

• (a) starting when the council passes its first membership resolution; and
• (b) ending when the membership resolution has taken effect for each membership class.

sec.80 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); section 22O(2) and (3)(a); schedule 2, definition elected member . s 80 ins 2017 No. 36 s 50

• (a) section 20A(2) and (3)(a);
• (b) section 22O(2) and (3)(a);
• (c) schedule 2, definition elected member .

sec.81 Majority required for first membership resolution

This section applies for the passing of the first resolution under section 22J. Despite section 22J(7), the resolution must be passed by at least two-thirds of the total number of members provided for under sections 13 to 16 as in force immediately before the resolution is voted on. s 81 ins 2017 No. 36 s 50 (sec.81-ssec.1) This section applies for the passing of the first resolution under section 22J. (sec.81-ssec.2) Despite section 22J(7), the resolution must be passed by at least two-thirds of the total number of members provided for under sections 13 to 16 as in force immediately before the resolution is voted on.

sec.82 Council must give Minister notice of first membership resolution

The council must, after passing the first membership resolution, give the Minister a notice stating— the number stated in the resolution for appointed members; and the date the resolution was passed. The notice must be given at least 6 months before the earliest end day of the appointed members who hold office when the membership resolution is passed. s 82 ins 2017 No. 36 s 50 (sec.82-ssec.1) The council must, after passing the first membership resolution, give the Minister a notice stating— the number stated in the resolution for appointed members; and the date the resolution was passed. (sec.82-ssec.2) The notice must be given at least 6 months before the earliest end day of the appointed members who hold office when the membership resolution is passed.

• (a) the number stated in the resolution for appointed members; and
• (b) the date the resolution was passed.

sec.83 Membership and constitution of council during transition period

A person who was an elected member mentioned in section 15(2)(f) when the council passed its first membership resolution continues to hold office as an elected member until— the term for which the person held office under section 19(1) ends; or the person’s office sooner becomes vacant under section 24. Despite sections 22C(c) and 22F(1), during the transition period the council also consists of any person— whose office as an elected member is continued under subsection (1); or who is appointed under section 85 to the office of an elected member mentioned in section 15(2)(f). Despite section 22I(1)(b), the council is taken to be properly constituted during the transition period if it has the number of members provided for under section 17 as in force immediately before the start of the transition period. s 83 ins 2017 No. 36 s 50 (sec.83-ssec.1) A person who was an elected member mentioned in section 15(2)(f) when the council passed its first membership resolution continues to hold office as an elected member until— the term for which the person held office under section 19(1) ends; or the person’s office sooner becomes vacant under section 24. (sec.83-ssec.2) Despite sections 22C(c) and 22F(1), during the transition period the council also consists of any person— whose office as an elected member is continued under subsection (1); or who is appointed under section 85 to the office of an elected member mentioned in section 15(2)(f). (sec.83-ssec.3) Despite section 22I(1)(b), the council is taken to be properly constituted during the transition period if it has the number of members provided for under section 17 as in force immediately before the start of the transition period.

• (a) the term for which the person held office under section 19(1) ends; or
• (b) the person’s office sooner becomes vacant under section 24.
• (a) whose office as an elected member is continued under subsection (1); or
• (b) who is appointed under section 85 to the office of an elected member mentioned in section 15(2)(f).

sec.84 Convocation elected members to be disregarded for s 22J(6)(a)

During the transition period, the following persons must be disregarded in calculating the number of elected members for section 22J(6)(a)— a person whose office as an elected member is continued under section 83(1); a person who is appointed under section 85 to the office of an elected member mentioned in section 15(2)(f). s 84 ins 2017 No. 36 s 50

• (a) a person whose office as an elected member is continued under section 83(1);
• (b) a person who is appointed under section 85 to the office of an elected member mentioned in section 15(2)(f).

sec.85 Dealing with casual vacancy in office of convocation elected member at start of, or during, transition period

This section applies if a casual vacancy in the office of an elected member mentioned in section 15(2)(f)— exists at the start of the transition period; or arises during the transition period. If the elected member was elected by a ballot under previous section 15(3) or at a council election, the council may appoint to the office the one person, if any, who— was a candidate for the office in the ballot or 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 by a ballot under previous section 15(3) or at a council election; or no-one is eligible for appointment under subsection (2). The council may appoint to the office a member of the convocation who— is eligible under this Act to be a member; and otherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section 15(2)(f). A person appointed under this section— is appointed for the balance of the term of office of the person’s predecessor; and is taken, other than for subsection (2) or (3)(a), to have been elected at a council election. s 85 ins 2017 No. 36 s 50 (sec.85-ssec.1) This section applies if a casual vacancy in the office of an elected member mentioned in section 15(2)(f)— exists at the start of the transition period; or arises during the transition period. (sec.85-ssec.2) If the elected member was elected by a ballot under previous section 15(3) or at a council election, the council may appoint to the office the one person, if any, who— was a candidate for the office in the ballot or 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.85-ssec.3) Subsection (4) applies if— the elected member was not elected by a ballot under previous section 15(3) or at a council election; or no-one is eligible for appointment under subsection (2). (sec.85-ssec.4) The council may appoint to the office a member of the convocation who— is eligible under this Act to be a member; and otherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section 15(2)(f). (sec.85-ssec.5) A person appointed under this section— is appointed for the balance of the term of office of the person’s predecessor; and is taken, other than for subsection (2) or (3)(a), to have been elected at a council election.

• (a) exists at the start of the transition period; or
• (b) arises during the transition period.
• (a) was a candidate for the office in the ballot or 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 by a ballot under previous section 15(3) or at a council election; or
• (b) no-one is eligible for appointment under subsection (2).
• (a) is eligible under this Act to be a member; and
• (b) otherwise meets any nomination requirements under the election policy for the class of elected members mentioned in section 15(2)(f).
• (a) is appointed for the balance of the term of office of the person’s predecessor; and
• (b) is taken, other than for subsection (2) or (3)(a), to have been elected at a council election.

sec.86 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 86 ins 2017 No. 36 s 50 (sec.86-ssec.1) This section applies to a university statute made under previous section 57 that was in force immediately before the commencement. (sec.86-ssec.2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed.

Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2026

sec.87 Definitions for division

In this division— continuing member see section 88(2). new , in relation to a provision of this Act, means the provision as in force from the commencement. repealed , in relation to a provision of this Act, means the provision as in force from time to time before the commencement. s 87 ins 2026 No. 6 s 9T

sec.88 Existing members

Each person who held office as a member immediately before the commencement continues to be a member on the commencement. A person who continues to be a member under this section on the commencement is a continuing member . On the commencement— for new part 2, division 3, each continuing member is taken to be a member of the same type the person was immediately before the commencement; and a continuing member who was appointed under repealed section 22E is taken to be a member appointed under new section 14; and a continuing member who was appointed under repealed section 22G is taken to be a member appointed under new section 16. On the commencement, a continuing member’s term of office is taken to be the same term for which the member was appointed or elected under repealed part 2, division 3A. s 88 ins 2026 No. 6 s 9T (sec.88-ssec.1) Each person who held office as a member immediately before the commencement continues to be a member on the commencement. (sec.88-ssec.2) A person who continues to be a member under this section on the commencement is a continuing member . (sec.88-ssec.3) On the commencement— for new part 2, division 3, each continuing member is taken to be a member of the same type the person was immediately before the commencement; and a continuing member who was appointed under repealed section 22E is taken to be a member appointed under new section 14; and a continuing member who was appointed under repealed section 22G is taken to be a member appointed under new section 16. (sec.88-ssec.4) On the commencement, a continuing member’s term of office is taken to be the same term for which the member was appointed or elected under repealed part 2, division 3A.

• (a) for new part 2, division 3, each continuing member is taken to be a member of the same type the person was immediately before the commencement; and
• (b) a continuing member who was appointed under repealed section 22E is taken to be a member appointed under new section 14; and
• (c) a continuing member who was appointed under repealed section 22G is taken to be a member appointed under new section 16.

sec.89 Particular appointments of additional members do not take effect

This section applies to a person who was appointed as an additional member under repealed section 22G before the commencement but whose term of office was to start after the commencement. The person’s appointment does not take effect and is taken never to have been made. s 89 ins 2026 No. 6 s 9T (sec.89-ssec.1) This section applies to a person who was appointed as an additional member under repealed section 22G before the commencement but whose term of office was to start after the commencement. (sec.89-ssec.2) The person’s appointment does not take effect and is taken never to have been made.

sec.90 Number of additional members during transitional period

From the commencement, the number of additional members is taken to be equal to the number of continuing members mentioned in section 88(3)(c) whose terms of office have not ended. This section— applies despite new section 16(1); but stops applying on the earlier of— the first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection (1) applies; or 20 April 2026. s 90 ins 2026 No. 6 s 9T (sec.90-ssec.1) From the commencement, the number of additional members is taken to be equal to the number of continuing members mentioned in section 88(3)(c) whose terms of office have not ended. (sec.90-ssec.2) This section— applies despite new section 16(1); but stops applying on the earlier of— the first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection (1) applies; or 20 April 2026.

• (a) applies despite new section 16(1); but
• (b) stops applying on the earlier of— (i) the first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection (1) applies; or (ii) 20 April 2026.
• (i) the first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection (1) applies; or
• (ii) 20 April 2026.
• (i) the first day after the commencement on which there are not more than 2 continuing members in relation to whom subsection (1) applies; or
• (ii) 20 April 2026.

sec.91 Minister may appoint elected member in particular circumstances

This section applies if, during the period starting on the day of the commencement and ending on 20 April 2026— no person is elected for a class of elected members mentioned in new section 15(2)(c) or (d) (each a student class ), other than because a casual vacancy has arisen; or both of the following apply— a casual vacancy arises in the office of a continuing member who is a student; as a result of the vacancy, the council requires an elected member of a particular student class to comply with new section 15(2). The Minister may appoint a person as an elected member for the student 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 to have been elected at a council election for the student class. This section applies despite new section 20A. s 91 ins 2026 No. 6 s 9T (sec.91-ssec.1) This section applies if, during the period starting on the day of the commencement and ending on 20 April 2026— no person is elected for a class of elected members mentioned in new section 15(2)(c) or (d) (each a student class ), other than because a casual vacancy has arisen; or both of the following apply— a casual vacancy arises in the office of a continuing member who is a student; as a result of the vacancy, the council requires an elected member of a particular student class to comply with new section 15(2). (sec.91-ssec.2) The Minister may appoint a person as an elected member for the student class. (sec.91-ssec.3) The council may, if asked by the Minister, nominate a person for appointment under subsection (2). (sec.91-ssec.4) A person appointed under subsection (2) is taken to have been elected at a council election for the student class. (sec.91-ssec.5) This section applies despite new section 20A.

• (a) no person is elected for a class of elected members mentioned in new section 15(2)(c) or (d) (each a student class ), other than because a casual vacancy has arisen; or
• (b) both of the following apply— (i) a casual vacancy arises in the office of a continuing member who is a student; (ii) as a result of the vacancy, the council requires an elected member of a particular student class to comply with new section 15(2).
• (i) a casual vacancy arises in the office of a continuing member who is a student;
• (ii) as a result of the vacancy, the council requires an elected member of a particular student class to comply with new section 15(2).
• (i) a casual vacancy arises in the office of a continuing member who is a student;
• (ii) as a result of the vacancy, the council requires an elected member of a particular student class to comply with new section 15(2).

Authorised persons and security officers

sch.1-sec.1 Appointment of authorised persons and security officers

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. 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 a security officer under this Act. A person may be appointed both an authorised person and a security officer. (sch.1-sec.1-ssec.1) 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.1-ssec.2) 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 a security officer under this Act. (sch.1-sec.1-ssec.3) A person may be appointed both an authorised person and a security officer.

sch.1-sec.1A Limitation of authorised person’s or security officer’s powers

The powers of an authorised person or a security officer may be limited— under a condition of appointment; or by notice of the vice-chancellor given to the authorised person or security officer. sch 1 s 1A ins 2009 No. 40 s 45

• (a) under a condition of appointment; or
• (b) by notice of the vice-chancellor given to the authorised person or security officer.

sch.1-sec.2 Terms of appointment

An authorised person or security officer holds office on the conditions stated in the instrument of appointment. An authorised person or security officer— if the appointment provides for a term of appointment—ceases to hold office as an authorised person or security officer at the end of the term; and may resign by signed notice given to the vice-chancellor. (sch.1-sec.2-ssec.1) An authorised person or security officer holds office on the conditions stated in the instrument of appointment. (sch.1-sec.2-ssec.2) An authorised person or security officer— if the appointment provides for a term of appointment—ceases to hold office as an authorised person or security officer 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 or security officer at the end of the term; and
• (b) may resign by signed notice given to the vice-chancellor.

sch.1-sec.3 Identity cards

The vice-chancellor must issue an identity card to each authorised person and security officer. The identity card must— contain a recent photograph of the authorised person or security officer; and be in a form approved by the vice-chancellor; and be signed by the authorised person or security officer. A person who ceases to be an authorised person or security officer 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.3-ssec.1) The vice-chancellor must issue an identity card to each authorised person and security officer. (sch.1-sec.3-ssec.2) The identity card must— contain a recent photograph of the authorised person or security officer; and be in a form approved by the vice-chancellor; and be signed by the authorised person or security officer. (sch.1-sec.3-ssec.3) A person who ceases to be an authorised person or security officer 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 or security officer; and
• (b) be in a form approved by the vice-chancellor; and
• (c) be signed by the authorised person or security officer.

sch.1-sec.4 Proof of authority

An authorised person or security officer may exercise a power under this Act in relation to someone else only if the authorised person or security officer— 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 or security officer 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 or security officer, the exercise of a power in relation to someone else by the authorised person or security officer is not invalid merely because of subsection (1) . (sch.1-sec.4-ssec.1) An authorised person or security officer may exercise a power under this Act in relation to someone else only if the authorised person or security officer— 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.4-ssec.2) If, for any reason, it is not practicable to comply with subsection (1) , the authorised person or security officer must produce the identity card for inspection by the person at the first reasonable opportunity. (sch.1-sec.4-ssec.3) If subsection (2) is relevant and is complied with by an authorised person or security officer, the exercise of a power in relation to someone else by the authorised person or security officer 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.

Traffic control

sch.1-sec.5 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.5-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.5-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.6 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.6-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.6-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.6-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.6-ssec.4) Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs. (sch.1-sec.6-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.6-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.7 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.7-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.7-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.7-ssec.3) An information notice may contain any other information the vice-chancellor considers appropriate. (sch.1-sec.7-ssec.4) An information notice erected or displayed under this section must be easily visible to passers-by. (sch.1-sec.7-ssec.5) In this section— regulatory notice does not include an official traffic sign.

sch.1-sec.8 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 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 8 amd 2005 No. 18 s 165 sch (sch.1-sec.8-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.8-ssec.2) The vehicle must be held at a safe place. (sch.1-sec.8-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.8-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.8-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.8-ssec.6) If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the cost of seizing, removing, holding and returning the vehicle. (sch.1-sec.8-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.9 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 8 (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.9-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 8 (4) or (5) . (sch.1-sec.9-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.9-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.9-ssec.4) Compensation is not recoverable against the university for the sale of a vehicle under this section. (sch.1-sec.9-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.10 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 10 amd 2010 No. 44 s 76 (sch.1-sec.10-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.10-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.

Conduct on university land