Establishes Murdoch University as a corporate body with powers to run courses, perform research, own property, borrow, invest and enter business arrangements (ss 4, 6, 29).
Sets out the University's governing structure: a Senate as the governing body, an Academic Council, a Chancellor, a Deputy Chancellor and a Vice‑Chancellor, together with membership rules, terms, duties and removal procedures (ss 8–12, 21, 23; Schedule 1; ss 14A, 15A). The Senate controls appointments, academic awards and the University's affairs (s 17).
Authorises the Senate to make Statutes and by‑laws, describes how they are approved and published, and requires they be made readily available to the public (ss 24, 25, 26A, 26B).
Regulates University land, including vesting by Order in Council, leasing powers, investments, trust moneys and borrowing, and creates a framework for State guarantees and charging the Consolidated Account for guarantee payments (ss 28–32D, 32A–32D).
Creates a dedicated new regime for leasing University land for commercial purposes that requires Ministerial approvals, allows advance determinations, permits use of wholly owned subsidiaries, and allows conditions, payment agreements and ministerial delegations (ss 32E–32Q). It also treats land leased under an approval as being used for university purposes for many legal tests (s 32I) subject to tax law exceptions.
Provides a specific student Guild framework and permits an annual amenities and services fee payable by students, with at least 50% payable to the Guild and statutory requirements for how the rest is spent and audited (ss 20, 20A, 20B).
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Current sections
Direct links to the current provisions in Murdoch University Act 1973.
1
Authorised Version
The authorised version of this legislation is published by the jurisdiction's legislation service. Follow the link below to read or download it from the official source.
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Applies many financial administration and audit rules to the University, subject to specified exceptions, and allows the Senate to run a superannuation scheme (ss 33–34).
Validates a list of historical leases as having always been for university purposes (s 35) and contains transitional provisions following later amendments (Part 6).
Who it affects and who decides
The University and its Senate: the Senate is the primary decision maker on University governance, staffing, academic awards, by‑laws and financial management (s 17; ss 24–26). The Vice‑Chancellor has delegated administrative powers (s 23(4)–(5)).
The Minister and Treasurer: the Minister decides on approvals for commercial leasing and related processes (ss 32H–32M, 32N). The Treasurer may give State guarantees on the Minister’s recommendation and set terms for them; payments under guarantees are charged to the Consolidated Account (ss 32C–32D).
Students and the Guild: students may be required to pay an annual amenities and services fee under Statute; the Senate must pay not less than 50% of that fee to the Guild and must set statutory rules for categories, accountability and audit (ss 20A(1),(3), 20B).
External commercial parties and financiers: the Act enables the University to lease land, enter commercial arrangements, form or use subsidiaries and issue debt instruments subject to Ministerial approval and statutory safeguards (ss 29(1)(gb), 32A, 32H(2)).
Who pays (money, charges and financial risk)
Students: may pay an annual amenities and services fee set by Statute; part of it is paid to the Guild (ss 20A, 20B).
The University: funds remuneration and allowances for Senate members (s 19A(2)), pays any charges for State guarantees fixed by the Treasurer (s 32D), and can be required to reimburse the State for Ministerial application costs under a payment agreement (s 32P(2)). The University may also borrow, issue debt instruments and create capital instruments (s 32A).
The State/Treasurer: if a guarantee is called, payments are charged to the Consolidated Account and the Treasurer then seeks recovery from the University (s 32C(4)–(5)).
Persons who breach by‑laws: pecuniary penalties go to the Senate for University use (s 24(9)).
Incentives and likely behaviour changes (mechanisms, not predictions)
Commercialisation incentive for the University: the University is explicitly authorised to commercially develop or commercially use University resources, including intellectual property, and to enter business arrangements and leases for commercial purposes (s 6(d)–(e); s 29(1)(gb)). That creates a formal route for the University to seek revenue from non‑academic assets.
Private investment and participation enabled but controlled: the Act allows entering commercial arrangements directly or through wholly‑owned subsidiaries (s 32H(2)) and permits Ministerial approvals to authorise leasing for commercial purposes (s 32H). Conditions, advance determinations and payment agreements (ss 32J–32P) create procedural checkpoints and may allocate application costs to the University (s 32P(2)–(3)).
Fiscal backstop and contingent liabilities: the Treasurer may guarantee University obligations on the Minister’s recommendation (s 32C). Guarantees are given in the name of the State and payments are charged to the Consolidated Account (s 32C(1), (4)). The University must provide security and execute instruments required by the Treasurer before a guarantee is given (s 32C(3)). The Treasurer may also fix guarantee charges payable by the University (s 32D).
Tax and cost effects for commercial leasing: University land is generally exempt from local rates (s 30A(1)), but that exemption does not apply where land is leased for private or commercial purposes or under an approval for commercial purpose (s 30A(2)). The Act also states that the Land Tax Assessment Act s.33 can affect exemptions (s 32I(2), s 30A(3)).
Compliance burden and discretion points (practical implementation costs)
Ministerial approval process: applications for approvals, approval‑in‑principle and advance determinations must be in forms and contain information the Minister requires; the Minister may request more information and attach conditions or refuse with written reasons (ss 32J–32M, 32N). This creates administrative work and potential costs for preparing applications.
Payment agreements and recoverable costs: the Minister may require payment agreements to reimburse the State’s reasonable costs in considering applications and regulations can prescribe how such arrangements operate (s 32P(2)–(4)). This shifts some application costs to the University.
Governor/Treasurer and departmental discretion: the Treasurer determines guarantee terms (s 32C(2)), and the Minister may delegate many functions under the commercial leasing division to the Department’s chief executive officer (s 32Q). The Senate may delegate many of its functions except making Statutes/by‑laws (s 18). These are concrete discretion points where policy and operational lines are set.
Governance compliance: members of the Senate have statutory duties of honesty, care and acting in the University's best interests, must disclose material personal interests and are restricted from voting where interests exist unless the Senate or Minister declares otherwise (Schedule 1; ss 14A, 15A, 17A). Removal procedures for breaches require formal notice and supermajority votes (s 15A).
Statutory publication and transparency obligations: Statutes and by‑laws must be sealed, approved by the Governor, published in the Gazette and be made readily available to the public by other means (ss 26A, 26B). Publication in the Gazette alone is not sufficient for public availability (s 26B(2)).
Trade‑offs, concentrated benefits and diffuse costs (mechanisms only)
Concentrated benefit: private developers, lessees or University subsidiaries can obtain access to University land and revenue streams under approvals (s 32H). These parties could secure favourable long‑term leases subject to Ministerial conditions.
Diffuse cost/contingent liability: State guarantee powers (s 32C) create a contingent fiscal exposure for the Consolidated Account if guarantees are called; recovery mechanisms from the University are provided but the State meets payments first (s 32C(4)–(5)).
Substitution and opportunity costs: the Act permits University resources to be used for commercial purposes (s 6(d), s 29(1)(gb)), which can substitute private sector activity and uses that might otherwise locate off‑campus; that substitution is possible because 32H authorises commercial leasing subject to approval.
Implementation risks and administrative frictions (mechanisms)
The Minister’s wide procedural control and the ability to attach conditions (ss 32J–32N, 32O) create timing and approval uncertainty and may require resourcing to satisfy information requests and payment agreements (s 32P).
The requirement to publish, maintain public access to Statutes and the Senate’s accountability for expenditures (ss 26A, 26B, 20B) requires ongoing administrative effort.
Key statutory references (selected)
University powers, objects and commercialisation: ss 4, 5, 6(d)–(e), 29(1)(gb).
Governance, duties and removal: ss 12, 14A, 15A, Schedule 1 (duties & disclosure).
Commercial leasing and approvals: ss 32E–32Q (object, approvals, advance determinations, payment agreements, delegation).
Guarantees and financial risk: ss 32A–32D, 32B.
Student Guild and amenities fee: ss 20, 20A, 20B.
By‑laws, Statutes, publication and penalties: ss 24, 25, 26A, 26B.
Rate exemption for University land and tax exceptions: s 30A and cross‑reference to Land Tax Assessment Act (s 32I(2)).