The Act creates The University of Queensland as a corporate body, defines its core teaching, research and commercial functions, and grants broad legal, property and contracting powers. It establishes a senate‑centred governance model with specified membership categories, election rules, appointment and removal processes, financial and trust management powers, and campus enforcement authorities.
It affects university office‑holders, staff, students, donors, visitors and commercial counterparties, and matters because it concentrates decision‑making in the senate while embedding vetting, disclosure and ministerial appointment checks that shape accountability and resource use.
This Act establishes The University of Queensland as a body corporate (s 4) and sets out its core functions, governance architecture, property and financial powers, and a set of procedural and compliance obligations for members, officers and persons on university land. Mechanically, the Act:
Constitutes the university as a corporate entity with a seal and capacity to sue and be sued (s 4(1)-(2)).
Declares the university’s functions: education and research, awarding higher education qualifications, commercial exploitation of university resources, and wellbeing of staff and students (s 5).
Confers broad powers to the university to act like an individual (s 6(1)) and to act inside and outside Queensland and Australia (ss 6(3)-(4)).
Creates a governing body, the senate, with delegated authorities and limits on delegation (ss 7-11). The senate is required to act so as to promote the university’s interests (s 10).
Prescribes senate composition and membership categories: official members (chancellor, vice-chancellor, president of the academic board), appointed members (8, by Governor in Council), elected members (8, across staff, students, graduates and the academic board) and additional members (3, appointed by the senate) (ss 12-17, 13-16).
Provides election machinery, including a mandatory election policy published on the university website with specified integrity safeguards (ss 26AA-26AC), procedures for casual vacancies (s 20A), and Ministerial backstops where elections do not produce required members (s 21).
Sets duties and conduct expectations for members (s 26A), and gives the senate power to remove a member where at least 15 members are satisfied of non-compliance with duties or a conduct obligation (s 26B).
Current sections
Direct links to the current provisions in University of Queensland Act 1998.
135
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the University of Queensland Act 1998.
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
pt.2
The university and its senate
The university and its senate
pt.2-div.1
University establishment and general functions and powers
University establishment and general functions and powers
sec.4
Establishment of university
sec.4 Establishment of university
A university called ‘The University of Queensland’ 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) A university called ‘The University of Queensland’ is established.
(sec.4-ssec.2) The university— is a body corporate; and has a seal; and may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.5
Functions of university
sec.5 Functions of university
The university’s functions are—
to disseminate knowledge and promote scholarship; and
to provide education at university standard; and
to provide facilities for, and encourage, study and research; and
to encourage the advancement and development of knowledge, and its application; and
to provide courses of study or instruction (at the levels of achievement the senate considers appropriate) to meet the needs of the community; and
to confer higher education awards; and
to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and
to perform other functions given to the university under this or another Act.
(a) to disseminate knowledge and promote scholarship; and
(b) to provide education at university standard; and
(c) to provide facilities for, and encourage, study and research; and
(d) to encourage the advancement and development of knowledge, and its application; and
(e) to provide courses of study or instruction (at the levels of achievement the senate considers appropriate) to meet the needs of the community; and
(f) to confer higher education awards; and
(g) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
(h) to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and
(i) to perform other functions given to the university under this or another Act.
sec.6
General powers of university
sec.6 General powers of university
The university has all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, dispose of, and deal with property; and
appoint agents and attorneys; and
engage consultants; and
fix charges, and other terms, for services and other facilities it supplies; and
do anything else necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the university has the powers given to it under this or another Act.
The university may exercise its powers inside or outside Queensland.
Without limiting subsection (3) , the university may exercise its powers outside Australia.
(sec.6-ssec.1) The university has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for, or in connection with, its functions.
(sec.6-ssec.2) Without limiting subsection (1) , the university has the powers given to it under this or another Act.
(sec.6-ssec.3) The university may exercise its powers inside or outside Queensland.
(sec.6-ssec.4) Without limiting subsection (3) , the university may exercise its powers outside Australia.
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) fix charges, and other terms, for services and other facilities it supplies; and
(f) do anything else necessary or convenient to be done for, or in connection with, its functions.
pt.2-div.2
Senate establishment and general functions and powers
Senate establishment and general functions and powers
sec.7
Establishment of senate
sec.7 Establishment of senate
There is a senate of the university.
sec.8
Functions of senate
sec.8 Functions of senate
The senate is the university’s governing body.
The senate has the functions conferred on it under this or another Act.
(sec.8-ssec.1) The senate is the university’s governing body.
(sec.8-ssec.2) The senate has the functions conferred on it under this or another Act.
sec.9
Powers of senate
sec.9 Powers of senate
The senate may do anything necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the senate has the powers given to it under this or another Act and, in particular—
to appoint the university’s staff; and
to manage and control the university’s affairs and property; and
to manage and control the university’s finances.
(sec.9-ssec.1) The senate 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 senate has the powers given to it under this or another Act and, in particular— to appoint the university’s staff; and to manage and control the university’s affairs and property; and to manage and control the university’s finances.
(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
Senate to promote university’s interests
sec.10 Senate to promote university’s interests
The senate must act in the way that appears to it most likely to promote the university’s interests.
sec.11
Delegation
sec.11 Delegation
The senate may delegate its powers under this Act to—
an appropriately qualified member of the senate; or
an appropriately qualified committee that includes 1 or more members of the senate; or
an appropriately qualified member of the university’s staff.
However, the senate 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 93 ; 2017 No. 36 ss 63 , 130
(sec.11-ssec.1) The senate may delegate its powers under this Act to— an appropriately qualified member of the senate; or an appropriately qualified committee that includes 1 or more members of the senate; or an appropriately qualified member of the university’s staff.
(sec.11-ssec.2) However, the senate may not delegate its power— to make an election policy; or to adopt the university’s annual budget.
(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 senate; or
(b) an appropriately qualified committee that includes 1 or more members of the senate; or
(c) an appropriately qualified member of the university’s staff.
(a) to make an election policy; or
(b) to adopt the university’s annual budget.
pt.2-div.3
Senate membership
Senate membership
sec.12
Membership of senate
sec.12 Membership of senate
The senate consists of official members, appointed members, elected members and additional members.
s 12 sub 2005 No. 18 s 94
sec.13
Official members
sec.13 Official members
There are 3 official members.
The official members are—
the chancellor; and
the vice-chancellor; and
the president of the academic board.
s 13 sub 2005 No. 18 s 94
(sec.13-ssec.1) There are 3 official members.
(sec.13-ssec.2) The official members are— the chancellor; and the vice-chancellor; and the president of the academic board.
(a) the chancellor; and
(b) the vice-chancellor; and
(c) the president of the academic board.
sec.14
Appointed members
sec.14 Appointed members
There are 8 appointed members.
The Governor in Council is to appoint the appointed members.
s 14 amd 2005 No. 18 s 95
(sec.14-ssec.1) There are 8 appointed members.
(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.
sec.15
Elected members
sec.15 Elected members
There are 8 elected members.
The elected members are—
1 member of the academic board; and
1 member of the university’s full-time or part-time academic staff; and
1 member of the university’s full-time or part-time general staff; and
1 undergraduate student; and
1 postgraduate student; and
3 graduates of the university, other than persons eligible for membership under paragraph (a) , (b) , (c) (d) or (e).
Each elected member is to be elected at a senate election.
s 15 amd 2002 No. 75 s 64 ; 2005 No. 18 s 96 ; 2017 No. 36 s 131
(sec.15-ssec.1) There are 8 elected members.
(sec.15-ssec.2) The elected members are— 1 member of the academic board; and 1 member of the university’s full-time or part-time academic staff; and 1 member of the university’s full-time or part-time general staff; and 1 undergraduate student; and 1 postgraduate student; and 3 graduates of the university, other than persons eligible for membership under paragraph (a) , (b) , (c) (d) or (e).
(sec.15-ssec.3) Each elected member is to be elected at a senate election.
(a) 1 member of the academic board; and
(b) 1 member of the university’s full-time or part-time academic staff; and
(c) 1 member of the university’s full-time or part-time general staff; and
(d) 1 undergraduate student; and
(e) 1 postgraduate student; and
(f) 3 graduates of the university, other than persons eligible for membership under paragraph (a) , (b) , (c) (d) or (e).
sec.16
Additional members
sec.16 Additional members
There are 3 additional members.
The senate must appoint the additional members.
An additional member must not be a student or a member of the university’s academic staff or general staff.
s 16 sub 2005 No. 18 s 97
(sec.16-ssec.1) There are 3 additional members.
(sec.16-ssec.2) The senate must appoint the additional members.
(sec.16-ssec.3) An additional member must not be a student or a member of the university’s academic staff or general staff.
sec.17
When senate is taken to be properly constituted
sec.17 When senate is taken to be properly constituted
The senate is taken to be properly constituted when it has 13 or more members, whether they be additional, appointed, elected or official members.
s 17 amd 2005 No. 18 s 98
sec.18
Appointed member’s term of office
sec.18 Appointed member’s term of office
An appointed member is to be appointed for a term of not more than 4 years.
s 18 amd 2005 No. 18 s 99
sec.19
Elected member’s term of office
sec.19 Elected member’s term of office
An elected member mentioned in section 15 (2) (a) , (b) , (c) or (f) holds office for 4 years.
An elected member mentioned in section 15 (2) (d) or (e) 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 100
(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) , (b) , (c) or (f) holds office for 4 years.
(sec.19-ssec.2) An elected member mentioned in section 15 (2) (d) or (e) holds office for 2 years.
(sec.19-ssec.3) An elected member’s term of office starts— if the member is re-elected—the day after the day when the member’s previous term of office ends; or if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
(a) if the member is re-elected—the day after the day when the member’s previous term of office ends; or
(b) if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
sec.20
Additional member’s term of office
sec.20 Additional member’s term of office
An additional member is to be appointed for a term of not more than 4 years decided by the senate.
s 20 sub 2005 No. 18 s 101
sec.20A
Dealing with casual vacancy in office of an elected member
sec.20A Dealing with casual vacancy in office of an elected member
This section applies if a casual vacancy arises in the office of an elected member.
If the member was elected at a senate election, the senate must appoint to the office the one person, if any, who—
was a candidate for the office in the senate election; and
was not elected; and
received the highest number of votes of all the candidates who were not elected; and
is eligible, under this Act, to be a member; and
is willing to be, and available to perform the functions of, a member.
Subsection (4) applies if—
the elected member was not elected at a senate election; or
no-one is eligible for appointment under subsection (2) .
The senate must appoint to the office a person who—
is eligible, under this Act, to be a member; and
is an eligible person for the class of elected members of which the elected member was a member; and
otherwise meets any nomination requirements under the election policy for that class of elected members.
A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a senate election.
s 20A ins 2002 No. 75 s 65
amd 2017 No. 36 s 132
(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 member was elected at a senate election, the senate must appoint to the office the one person, if any, who— was a candidate for the office in the senate election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member.
(sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a senate election; or no-one is eligible for appointment under subsection (2) .
(sec.20A-ssec.4) The senate must appoint to the office a person who— is eligible, under this Act, to be a member; and is an eligible person for the class of elected members of which the elected member was a member; and otherwise meets any nomination requirements under the election policy for that class of elected members.
(sec.20A-ssec.5) A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a senate election.
(a) was a candidate for the office in the senate 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 senate election; or
(b) no-one is eligible for appointment under subsection (2) .
(a) is eligible, under this Act, to be a member; and
(b) is an eligible person for the class of elected members of which the elected member was a member; and
(c) otherwise meets any nomination requirements under the election policy for that class of elected members.
sec.21
Failure to elect elected members
sec.21 Failure to elect elected members
This section applies if, by the end of the relevant day—
a person is not elected for a class of elected members mentioned in section 15 (2) (a) to (e) (each a relevant class ); or
insufficient persons are elected for a class of elected members mentioned in section 15 (2) (f) (also a relevant class ) to comply with section 15 (2) .
The Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15 (2) .
The senate 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 senate election for the relevant class.
In this section—
relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a senate election for an elected member of the relevant class.
s 21 amd 2002 No. 75 s 66 ; 2005 No. 18 s 165 sch
sub 2017 No. 36 s 133
(sec.21-ssec.1) This section applies if, by the end of the relevant day— a person is not elected for a class of elected members mentioned in section 15 (2) (a) to (e) (each a relevant class ); or insufficient persons are elected for a class of elected members mentioned in section 15 (2) (f) (also a relevant class ) to comply with section 15 (2) .
(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 senate 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 senate election for the relevant class.
(sec.21-ssec.5) In this section— relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a senate election for an elected member of the relevant class.
(a) a person is not elected for a class of elected members mentioned in section 15 (2) (a) to (e) (each a relevant class ); or
(b) insufficient persons are elected for a class of elected members mentioned in section 15 (2) (f) (also a relevant class ) to comply with section 15 (2) .
sec.22
Casual vacancies
sec.22 Casual vacancies
A person appointed or elected to fill a casual vacancy in the office of a member is appointed or elected for the balance of the term of office of the person’s predecessor.
s 22 amd 2002 No. 75 s 74 sch
sec.23
Ineligibility for membership of senate
sec.23 Ineligibility for membership of senate
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 102
amd 2017 No. 36 s 64
(sec.23-ssec.1) A person is not eligible to become an elected, appointed or additional member if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .
(sec.23-ssec.2) Also, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for more than 12 years, whether continuously or not.
(sec.23-ssec.3) Subsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member.
(sec.23-ssec.4) Subsection (1) (b) is subject to sections 25 and 26 .
(a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(b) the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .
sec.24
Vacation of office
sec.24 Vacation of office
The office of an elected, appointed or additional member becomes vacant if—
the member dies; or
for an elected member of a class mentioned in section 15 (2) (a) to (f) —
if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or
otherwise—the member ceases to be an eligible person for the class; or
An elected member of a class mentioned in section 15 (2) (e) ceases to be a postgraduate student.
for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or
the member is absent without the senate’s leave and without reasonable excuse from every meeting of the senate in a period of 6 months; or
the member becomes an official member; or
the member resigns from office by signed notice—
if the member is an appointed member—given to the Minister; or
if the member is an elected or additional member—given to the vice-chancellor; or
the member is removed from office under section 26B ; or
the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or
the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .
See section 56D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .
Subsection (1) (i) is subject to sections 25 and 26 .
A resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.
s 24 amd 2005 No. 18 s 103 ; 2017 No. 36 ss 65 , 134
(sec.24-ssec.1) The office of an elected, appointed or additional member becomes vacant if— the member dies; or for an elected member of a class mentioned in section 15 (2) (a) to (f) — if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or otherwise—the member ceases to be an eligible person for the class; or An elected member of a class mentioned in section 15 (2) (e) ceases to be a postgraduate student. for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or the member is absent without the senate’s leave and without reasonable excuse from every meeting of the senate in a period of 6 months; or the member becomes an official member; or the member resigns from office by signed notice— if the member is an appointed member—given to the Minister; or if the member is an elected or additional member—given to the vice-chancellor; or the member is removed from office under section 26B ; or the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) . See section 56D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .
(sec.24-ssec.2) Subsection (1) (i) is subject to sections 25 and 26 .
(sec.24-ssec.3) A resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.
(a) the member dies; or
(b) for an elected member of a class mentioned in section 15 (2) (a) to (f) — (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (e) ceases to be a postgraduate student.
(i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or
(ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (e) ceases to be a postgraduate student.
(c) for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or
(d) the member is absent without the senate’s leave and without reasonable excuse from every meeting of the senate in a period of 6 months; or
(e) the member becomes an official member; or
(f) the member resigns from office by signed notice— (i) if the member is an appointed member—given to the Minister; or (ii) if the member is an elected or additional member—given to the vice-chancellor; or
(i) if the member is an appointed member—given to the Minister; or
(ii) if the member is an elected or additional member—given to the vice-chancellor; or
(g) the member is removed from office under section 26B ; or
(h) the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(i) the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .
(i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or
(ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (e) 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 vice-chancellor; or
sec.25
Discretion where appointed member convicted of indictable offence
sec.25 Discretion where appointed member convicted of indictable offence
If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may—
if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or
otherwise—give written approval for the person to become an appointed member despite the conviction.
On the day the chancellor receives a notice under subsection (1) (a) —
the person is restored as an appointed member; and
if another person has been appointed to fill the vacancy—the other person’s appointment ends.
If a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.
s 25 amd 2005 No. 18 s 165 sch ; 2017 No. 36 s 165 s ch 1 pt 2
(sec.25-ssec.1) If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may— if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or otherwise—give written approval for the person to become an appointed member despite the conviction.
(sec.25-ssec.2) On the day the chancellor receives a notice under subsection (1) (a) — the person is restored as an appointed member; and if another person has been appointed to fill the vacancy—the other person’s appointment ends.
(sec.25-ssec.3) If a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.
(a) if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or
(b) otherwise—give written approval for the person to become an appointed member despite the conviction.
(a) the person is restored as an appointed member; and
(b) if another person has been appointed to fill the vacancy—the other person’s appointment ends.
sec.26
Discretion where elected or additional member convicted of indictable offence
sec.26 Discretion where elected or additional member convicted of indictable offence
If the senate considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the senate may—
if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or
otherwise—give written approval for the person to become an elected or additional member despite the conviction.
On the day the person receives a notice under subsection (1) (a) —
the person is restored as an elected or additional member; and
if another person has been elected or appointed to fill the vacancy—the other person’s membership of the senate ends.
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 2
(sec.26-ssec.1) If the senate considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the senate may— if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become an elected or additional member despite the conviction.
(sec.26-ssec.2) On the day the person receives a notice under subsection (1) (a) — the person is restored as an elected or additional member; and if another person has been elected or appointed to fill the vacancy—the other person’s membership of the senate ends.
(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 senate ends.
pt.2-div.3A
Senate elections
Senate elections
sec.26AA
Election policy
sec.26AA Election policy
The senate must—
make a policy (an election policy ) about the conduct of elections required under section 15 ; and
publish the election policy on the university’s website.
The election policy must include—
provisions to ensure the integrity and security of the voting system; and
without limiting paragraph (a) , provisions to ensure—
only persons who are eligible to vote may vote; and
a person can not vote more than once in an election; and
voting is done by secret ballot; and
a person is not improperly influenced in voting; and
provisions stating the procedure for voting, including the procedure for issuing ballots; and
provisions about—
notifying the period during which an election is to be held; and
nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and
publishing the results of an election, including the day by which the results must be published; and
making and resolving complaints.
Also, the election policy may include provisions stating requirements for—
eligibility to be nominated as a candidate for a particular class of elected members; and
eligibility to vote, including eligibility to vote for a particular class of elected members.
The election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.
s 26AA ins 2017 No. 36 s 135
(sec.26AA-ssec.1) The senate must— make a policy (an election policy ) about the conduct of elections required under section 15 ; and publish the election policy on the university’s website.
(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 section 15 ; and
(b) publish the election policy on the university’s website.
(a) provisions to ensure the integrity and security of the voting system; and
(b) without limiting paragraph (a) , provisions to ensure— (i) only persons who are eligible to vote may vote; and (ii) a person can not vote more than once in an election; and (iii) voting is done by secret ballot; and (iv) a person is not improperly influenced in voting; and
(i) only persons who are eligible to vote may vote; and
(ii) a person can not vote more than once in an election; and
(iii) voting is done by secret ballot; and
(iv) a person is not improperly influenced in voting; and
(c) provisions stating the procedure for voting, including the procedure for issuing ballots; and
(d) provisions about— (i) notifying the period during which an election is to be held; and (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and (iii) publishing the results of an election, including the day by which the results must be published; and (iv) making and resolving complaints.
(i) notifying the period during which an election is to be held; and
(ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and
(iii) publishing the results of an election, including the day by which the results must be published; and
(iv) making and resolving complaints.
(i) only persons who are eligible to vote may vote; and
(ii) a person can not vote more than once in an election; and
(iii) voting is done by secret ballot; and
(iv) a person is not improperly influenced in voting; and
(i) notifying the period during which an election is to be held; and
(ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and
(iii) publishing the results of an election, including the day by which the results must be published; and
(iv) making and resolving complaints.
(a) eligibility to be nominated as a candidate for a particular class of elected members; and
(b) eligibility to vote, including eligibility to vote for a particular class of elected members.
sec.26AB
Conduct of election
sec.26AB Conduct of election
An election required under section 15 must be held under the election policy.
s 26AB ins 2017 No. 36 s 135
sec.26AC
Eligibility to vote
sec.26AC Eligibility to vote
A person is eligible to vote in an election for a class of elected members mentioned in section 15 (2) (a) to (f) only if the person—
is an eligible person for the class of elected members; and
otherwise meets any requirements under the election policy for eligibility to vote.
s 26AC ins 2017 No. 36 s 135
(a) is an eligible person for the class of elected members; and
(b) otherwise meets any requirements under the election policy for eligibility to vote.
pt.2-div.4
Members’ function, and removing elected, appointed and additional members from office
Members’ function, and removing elected, appointed and additional members from office
sec.26A
Member’s function, and obligations about function
sec.26A Member’s function, and obligations about function
A member has the function of ensuring the senate 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 senate any conflict that may arise between the member’s personal interests and the interests of the university; and
must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.
s 26A ins 2005 No. 18 s 104
(sec.26A-ssec.1) A member has the function of ensuring the senate 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 senate any conflict that may arise between the member’s personal interests and the interests of the university; and must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.
(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 senate 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
Senate may remove member from office
sec.26B Senate may remove member from office
The senate may remove an elected, appointed or additional member from office if at least 15 members are satisfied the member has not complied with—
section 26A (2) ; or
a conduct obligation.
If the senate decides to remove a member from office under subsection (1) , the senate must as soon as practicable—
give the member notice of the decision and the reasons for it; and
if the member is an appointed member—give the Minister a copy of the notice.
If the senate gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following—
the day the member receives the notice;
the day, if any, stated in the notice for that purpose.
The senate’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .
s 26B ins 2005 No. 18 s 104
(sec.26B-ssec.1) The senate may remove an elected, appointed or additional member from office if at least 15 members are satisfied the member has not complied with— section 26A (2) ; or a conduct obligation.
(sec.26B-ssec.2) If the senate decides to remove a member from office under subsection (1) , the senate must as soon as practicable— give the member notice of the decision and the reasons for it; and if the member is an appointed member—give the Minister a copy of the notice.
(sec.26B-ssec.3) If the senate gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following— the day the member receives the notice; the day, if any, stated in the notice for that purpose.
(sec.26B-ssec.4) The senate’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .
(a) section 26A (2) ; or
(b) a conduct obligation.
(a) give the member notice of the decision and the reasons for it; and
(b) if the member is an appointed member—give the Minister a copy of the notice.
(a) the day the member receives the notice;
(b) the day, if any, stated in the notice for that purpose.
pt.2-div.5
Extending terms of office
Extending terms of office
sec.26C
Minister may extend terms of office
sec.26C Minister may extend terms of office
The Minister may, by notice given to the senate, extend the terms of office of the elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension—
is in the best interests of the university; and
is necessary for the senate to perform its functions and exercise its powers appropriately, effectively and efficiently.
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 104
(sec.26C-ssec.1) The Minister may, by notice given to the senate, extend the terms of office of the elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension— is in the best interests of the university; and is necessary for the senate to perform its functions and exercise its powers appropriately, effectively and efficiently.
(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 senate to perform its functions and exercise its powers appropriately, effectively and efficiently.
(a) does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and
(b) applies despite sections 18 , 19 (1) and (2) and 20 .
pt.2-div.6
Meetings of the senate
Meetings of the senate
sec.27
Who is to preside at meetings
sec.27 Who is to preside at meetings
The chancellor must preside at meetings of the senate.
However, if the chancellor and deputy chancellor are both absent from a meeting of the senate or the offices are vacant, the members present must elect a member to preside at the meeting.
(sec.27-ssec.1) The chancellor must preside at meetings of the senate.
(sec.27-ssec.2) However, if the chancellor and deputy chancellor are both absent from a meeting of the senate or the offices are vacant, the members present must elect a member to preside at the meeting.
sec.28
Quorum
sec.28 Quorum
A quorum exists at a meeting of the senate if at least half its members are present.
sec.29
Conduct of meetings
sec.29 Conduct of meetings
The senate may otherwise regulate its proceedings as it considers appropriate.
pt.3
Certain officers of the university
Certain officers of the university
sec.30
Chancellor
sec.30 Chancellor
There is a chancellor of the university.
The senate must elect a chancellor whenever there is a vacancy in the office.
The person elected need not be a member.
The person elected must not be a student or a member of the university’s academic staff or general staff.
The chancellor holds office for the term, not longer than 5 years, fixed by the senate.
s 30 sub 2005 No. 18 s 105
(sec.30-ssec.1) There is a chancellor of the university.
(sec.30-ssec.2) The senate must elect a chancellor whenever there is a vacancy in the office.
(sec.30-ssec.3) The person elected need not be a member.
(sec.30-ssec.4) The person elected must not be a student or a member of the university’s academic staff or general staff.
(sec.30-ssec.5) The chancellor holds office for the term, not longer than 5 years, fixed by the senate.
sec.31
Deputy chancellor
sec.31 Deputy chancellor
There is a deputy chancellor of the university.
The senate 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 senate.
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 106 ; 2017 No. 36 s 66
(sec.31-ssec.1) There is a deputy chancellor of the university.
(sec.31-ssec.2) The senate 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 senate.
(sec.31-ssec.4) The deputy chancellor is to act as chancellor— during a vacancy in the office of chancellor; and during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.
(a) during a vacancy in the office of chancellor; and
(b) during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.
sec.32
Vice-chancellor
sec.32 Vice-chancellor
There is a vice-chancellor of the university.
The senate must appoint a vice-chancellor whenever there is a vacancy in the office.
The terms of appointment are as decided by the senate.
The vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the senate.
The vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff.
See also section 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the senate.
s 32 amd 2017 No. 36 s 67
(sec.32-ssec.1) There is a vice-chancellor of the university.
(sec.32-ssec.2) The senate 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 senate.
(sec.32-ssec.4) The vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the senate.
(sec.32-ssec.5) The vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff. See also section 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the senate.
pt.4
Bodies connected with the university
Bodies connected with the university
pt.4-div.1
sec.33
Section sec.33
s 33 om 2005 No. 18 s 107
sec.34
Section sec.34
s 34 om 2017 No. 36 s 136
pt.4-div.2
Academic board
Academic board
sec.35
Establishment of academic board
sec.35 Establishment of academic board
The senate may establish an academic board of the university.
The senate must determine the membership of the academic board.
The academic board must—
advise the senate about teaching, scholarship and research matters concerning the university; and
formulate proposals for the academic policies of the university; and
monitor the academic activities of the university’s faculties; and
promote and encourage scholarship and research at the university.
(sec.35-ssec.1) The senate may establish an academic board of the university.
(sec.35-ssec.2) The senate must determine the membership of the academic board.
(sec.35-ssec.3) The academic board must— advise the senate about teaching, scholarship and research matters concerning the university; and formulate proposals for the academic policies of the university; and monitor the academic activities of the university’s faculties; and promote and encourage scholarship and research at the university.
(a) advise the senate about teaching, scholarship and research matters concerning the university; and
(b) formulate proposals for the academic policies of the university; and
(c) monitor the academic activities of the university’s faculties; and
(d) promote and encourage scholarship and research at the university.
sec.35A
President of academic board
sec.35A President of academic board
There is to be a president of the academic board.
The senate must decide who is the president.
The president holds office for the term, not longer than 3 years, decided by the senate.
s 35A (prev s 35AA) ins 2005 No. 18 s 108
renum 2005 No. 18 s 165 sch
amd 2017 No. 36 s 68
(sec.35A-ssec.1) There is to be a president of the academic board.
(sec.35A-ssec.2) The senate must decide who is the president.
(sec.35A-ssec.3) The president holds office for the term, not longer than 3 years, decided by the senate.
pt.4-div.3
Application of Corporations legislation to bodies
Application of Corporations legislation to bodies
sec.35B
Excluded matters for Corporations legislation
sec.35B Excluded matters for Corporations legislation
The academic board is declared to be an excluded matter for the Corporations Act , section 5F , in relation to parts 5.7 and 5 .7B of that Act.
s 35B (prev s 35A) ins 2001 No. 45 s 29 sch 3
amd 2005 No. 18 s 109
renum 2005 No. 18 s 165 sch
sub 2017 No. 36 s 137
pt.4A
Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president
Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president
sec.35C
Disqualification from office
sec.35C Disqualification from office
A person can not become, or continue as, the chancellor, vice-chancellor or president if—
the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or
subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .
See section 56D for the requirement to disclose the disqualification or conviction.
If the senate considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the senate may—
if the person was the chancellor, vice-chancellor or president when convicted—give notice to the person that the person—
is restored as the chancellor, vice-chancellor or president; and
may be later re-elected or reappointed, despite the conviction; or
otherwise—give written approval for the person to become the chancellor, vice-chancellor or president despite the conviction.
On the day the person receives a notice under subsection (2) (a) —
the person is restored as the chancellor, vice-chancellor or president; and
if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.
If a person is restored as the chancellor, vice-chancellor or president under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or president ends when it would have ended if the person had not been convicted of the offence.
s 35C ins 2005 No. 18 s 110
amd 2017 No. 36 s 69
(sec.35C-ssec.1) A person can not become, or continue as, the chancellor, vice-chancellor or president if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . See section 56D for the requirement to disclose the disqualification or conviction.
(sec.35C-ssec.2) If the senate considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the senate may— if the person was the chancellor, vice-chancellor or president when convicted—give notice to the person that the person— is restored as the chancellor, vice-chancellor or president; and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become the chancellor, vice-chancellor or president despite the conviction.
(sec.35C-ssec.3) On the day the person receives a notice under subsection (2) (a) — the person is restored as the chancellor, vice-chancellor or president; and if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.
(sec.35C-ssec.4) If a person is restored as the chancellor, vice-chancellor or president under subsection (3) , the person’s term of office as the chancellor, vice-chancellor or president ends when it would have ended if the person had not been convicted of the offence.
(a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(b) subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .
(a) if the person was the chancellor, vice-chancellor or president when convicted—give notice to the person that the person— (i) is restored as the chancellor, vice-chancellor or president; and (ii) may be later re-elected or reappointed, despite the conviction; or
(i) is restored as the chancellor, vice-chancellor or president; and
(ii) may be later re-elected or reappointed, despite the conviction; or
(b) otherwise—give written approval for the person to become the chancellor, vice-chancellor or president despite the conviction.
(i) is restored as the chancellor, vice-chancellor or president; and
(ii) may be later re-elected or reappointed, despite the conviction; or
(a) the person is restored as the chancellor, vice-chancellor or president; and
(b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.
sec.35D
Senate may remove chancellor, vice-chancellor or president from office
sec.35D Senate may remove chancellor, vice-chancellor or president from office
The senate may remove the chancellor, vice-chancellor or president from office if at least 15 members are satisfied the chancellor, vice-chancellor or president has not complied with—
section 26A (2) ; or
a conduct obligation.
If the senate decides to remove the chancellor, vice-chancellor or president from office under subsection (1) , the senate must as soon as practicable give the chancellor, vice-chancellor or president notice of the decision and the reasons for it.
The chancellor’s, vice-chancellor’s or president’s term of office ends on the later of the following—
the day he or she receives the notice;
the day, if any, stated in the notice for that purpose.
s 35D ins 2005 No. 18 s 110
(sec.35D-ssec.1) The senate may remove the chancellor, vice-chancellor or president from office if at least 15 members are satisfied the chancellor, vice-chancellor or president has not complied with— section 26A (2) ; or a conduct obligation.
(sec.35D-ssec.2) If the senate decides to remove the chancellor, vice-chancellor or president from office under subsection (1) , the senate must as soon as practicable give the chancellor, vice-chancellor or president notice of the decision and the reasons for it.
(sec.35D-ssec.3) The chancellor’s, vice-chancellor’s or president’s term of office ends on the later of the following— the day he or she receives the notice; the day, if any, stated in the notice for that purpose.
(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.35E
Particular matters about removal of vice-chancellor
sec.35E Particular matters about removal of vice-chancellor
The senate may remove the vice-chancellor from office under section 35D despite the vice-chancellor’s terms of appointment.
If the senate removes the vice-chancellor from office under section 35D —
the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and
the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if—
the appointment had been ended as permitted under the terms of appointment; or
his or her term of office had ended.
s 35E ins 2005 No. 18 s 110
(sec.35E-ssec.1) The senate may remove the vice-chancellor from office under section 35D despite the vice-chancellor’s terms of appointment.
(sec.35E-ssec.2) If the senate removes the vice-chancellor from office under section 35D — the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— the appointment had been ended as permitted under the terms of appointment; or his or her term of office had ended.
(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.35F
Vacation of office
sec.35F Vacation of office
The office of the chancellor, vice-chancellor or president becomes vacant if he or she—
can not continue as the chancellor, vice-chancellor or president under section 35C ; or
is removed from office under section 35D .
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 35F ins 2005 No. 18 s 110
(sec.35F-ssec.1) The office of the chancellor, vice-chancellor or president becomes vacant if he or she— can not continue as the chancellor, vice-chancellor or president under section 35C ; or is removed from office under section 35D .
(sec.35F-ssec.2) The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.
(a) can not continue as the chancellor, vice-chancellor or president under section 35C ; or
(b) is removed from office under section 35D .
pt.5
Property and finance
Property and finance
pt.5-div.1
Property held on trust or conditions
Property held on trust or conditions
sec.36
Definition for div 1
sec.36 Definition for div 1
In this division—
property includes income from property and a part or residue of the property.
sec.37
Amendment of terms of trusts and gifts
sec.37 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 senate is satisfied—
the donor’s purpose—
has been wholly or substantially achieved; or
no longer exists; or
has been adequately provided for in another way; or
is uncertain, can not be identified, or is insufficiently defined; or
becomes impossible, impractical or inexpedient to carry out; or
the property is inadequate for the donor’s purpose.
The senate 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.37-ssec.1) This section applies if— property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and the senate is satisfied— the donor’s purpose— has been wholly or substantially achieved; or no longer exists; or has been adequately provided for in another way; or is uncertain, can not be identified, or is insufficiently defined; or becomes impossible, impractical or inexpedient to carry out; or the property is inadequate for the donor’s purpose.
(sec.37-ssec.2) The senate may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).
(sec.37-ssec.3) The scheme must be in writing.
(sec.37-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 senate is satisfied— (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or (ii) the property is inadequate for the donor’s purpose.
(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.38
Selection of designated purpose
sec.38 Selection of designated purpose
In selecting the designated purpose, the senate must prefer a purpose that—
is as nearly similar as practicable to the donor’s purpose; and
can practically and conveniently be achieved.
However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .
(sec.38-ssec.1) In selecting the designated purpose, the senate must prefer a purpose that— is as nearly similar as practicable to the donor’s purpose; and can practically and conveniently be achieved.
(sec.38-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.39
Property to be held for designated purpose
sec.39 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.40
Certain persons to be given notice of scheme
sec.40 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.41
Amendment of scheme
sec.41 Amendment of scheme
The senate may amend the scheme.
Sections 37 to 40 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.
(sec.41-ssec.1) The senate may amend the scheme.
(sec.41-ssec.2) Sections 37 to 40 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.
sec.42
University’s powers under other laws not limited
sec.42 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.43
University may carry out conditions of gift etc.
sec.43 University may carry out conditions of gift etc.
The university may agree to and carry out any conditions of a gift, grant, bequest or devise of property to the university.
pt.5-div.2
Dealing with State land by senate
Dealing with State land by senate
sec.44
Application of Land Act 1994
sec.44 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 44 amd 2011 No. 39 s 38 ; 2024 No. 12 s 131 s ch 1 pt 1
(sec.44-ssec.1) State land is held and may be disposed of under the Land Act 1994 .
(sec.44-ssec.2) However, the university may grant an interest in State land only by way of lease.
(sec.44-ssec.3) Despite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational reserve or operational deed of grant in trust may be for up to 100 years.
(sec.44-ssec.4) Subsection (5) applies if the purpose for which a reserve was dedicated or for which land was granted in trust under the Land Act 1994 includes a reference to— ‘university’; or ‘university and college’.
(sec.44-ssec.5) The purpose is taken to include anything that is consistent with the university’s functions under section 5 .
(sec.44-ssec.6) Subsections (4) and (5) apply whether the reserve was dedicated or the land was granted in trust before or after the commencement of this section.
(sec.44-ssec.7) In this section— operational deed of grant in trust see the Land Act 1994 , schedule 6 . operational reserve see the Land Act 1994 , schedule 6 .
(a) ‘university’; or
(b) ‘university and college’.
pt.5-div.3
Finance
Finance
sec.45
University is statutory body under the Financial Accountability Act 2009
sec.45 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 45 amd 2009 No. 9 s 136 sch 1
sec.46
University is statutory body under the Statutory Bodies Financial Arrangements Act 1982
sec.46 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.46-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.
(sec.46-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .
sec.47
Trust funds
sec.47 Trust funds
The university may establish or administer trust funds.
sec.48
Investment common fund
sec.48 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.48-ssec.1) The university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.
(sec.48-ssec.2) The university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.
(sec.48-ssec.3) The university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.
(sec.48-ssec.4) Despite subsection (3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.
(sec.48-ssec.5) Also, despite subsection (3) , the university may— add a part of the income of the investment common fund to the fund’s capital; or use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.
(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.49
Application of revenue
sec.49 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.49-ssec.1) Subject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.
(sec.49-ssec.2) To remove any doubt, each of the following purposes is a university purpose— enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere; the advancement of learning generally; helping a body affiliated or associated with the university.
(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.50
Financial review
sec.50 Financial review
The senate must, in each year, adopt a budget for the university for the next year.
In framing the budget the senate need not take account of amounts mentioned in subsection (4) .
The senate must control its spending as nearly as possible within the limits of the approved budget.
The senate must undertake an annual review of—
amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and
the spending of the amounts.
(sec.50-ssec.1) The senate must, in each year, adopt a budget for the university for the next year.
(sec.50-ssec.2) In framing the budget the senate need not take account of amounts mentioned in subsection (4) .
(sec.50-ssec.3) The senate must control its spending as nearly as possible within the limits of the approved budget.
(sec.50-ssec.4) The senate must undertake an annual review of— amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and the spending of the amounts.
(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.51
University’s financial year
sec.51 University’s financial year
The university’s financial year is a calendar year.
pt.6
sec.52
Section sec.52
s 52 amd 2002 No. 75 s 74 sch ; 2005 No. 18 s 111 ; 2017 No. 36 s 70
om 2017 No. 36 s 138
sec.53
Section sec.53
s 53 om 2017 No. 36 s 138
sec.54
Section sec.54
s 54 om 2017 No. 36 s 138
pt.7
Miscellaneous
Miscellaneous
sec.55
Forming and taking part in corporations
sec.55 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 senate 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 55 amd 2001 No. 45 s 29 sch s 2 – 3 ; 2005 No. 18 s 112
(sec.55-ssec.1) The university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following— making available facilities for study, research or education; providing teaching, research, development, consultancy or other services for public or private entities; helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research; preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software; exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else; seeking or encouraging gifts to the university or for the university’s purposes; another object, consistent with this Act, that the senate considers is appropriate in the circumstances.
(sec.55-ssec.2) The university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.
(sec.55-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 senate considers is appropriate in the circumstances.
sec.56
Use of facilities and staff
sec.56 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.56A
Protection from liability
sec.56A 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 56A ins 2005 No. 18 s 113
(sec.56A-ssec.1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.
(sec.56A-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.
sec.56B
Report about person’s criminal history
sec.56B Report about person’s criminal history
To decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for—
a written report about the person’s criminal history; and
a brief description of the circumstances of a conviction mentioned in the criminal history.
To decide whether a person is eligible to be the chancellor, vice-chancellor or president, or an elected or additional member, the senate may ask the commissioner of the police service for—
a written report about the person’s criminal history; and
a brief description of the circumstances of a conviction mentioned in the criminal history.
The commissioner of the police service must comply with a request under subsection (1) or (2) .
However, the Minister or senate may make a request about a person under subsection (1) or (2) only if the person has given the Minister or senate written consent for the request.
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 senate must ensure that a report given to the Minister or senate under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
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 56B ins 2005 No. 18 s 113
(sec.56B-ssec.1) To decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.56B-ssec.2) To decide whether a person is eligible to be the chancellor, vice-chancellor or president, or an elected or additional member, the senate may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.56B-ssec.3) The commissioner of the police service must comply with a request under subsection (1) or (2) .
(sec.56B-ssec.4) However, the Minister or senate may make a request about a person under subsection (1) or (2) only if the person has given the Minister or senate written consent for the request.
(sec.56B-ssec.5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.
(sec.56B-ssec.6) The Minister or senate must ensure that a report given to the Minister or senate under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(sec.56B-ssec.7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.
(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.56C
Delegation by Minister
sec.56C Delegation by Minister
The Minister may delegate the Minister’s power under section 56B (1) to an appropriately qualified officer of the department.
s 56C ins 2005 No. 18 s 113
sec.56D
Requirement to disclose particular matters
sec.56D 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 35C (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 56D ins 2017 No. 36 s 71
amd 2017 No. 36 s 165 s ch 1 pt 2
(sec.56D-ssec.1) This section applies if a person who is a member— is disqualified from managing corporations under the Corporations Act , part 2D .6; or is convicted of an indictable offence mentioned in section 24 (1) (i) or 35C (1) (b) .
(sec.56D-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to— if the person is the chancellor when disqualified or convicted—the vice-chancellor; or if the person is an appointed member when disqualified or convicted—the Minister; or otherwise—the chancellor. Maximum penalty—100 penalty units.
(sec.56D-ssec.3) The notice must include the following information— if the notice is of the person’s disqualification— the existence of the disqualification; and when the disqualification took effect; and sufficient details to identify the grounds for the disqualification; if the notice is of the person’s conviction— the existence of the conviction; and when the offence was committed; and sufficient details to identify the offence; and the sentence imposed on the person.
(sec.56D-ssec.4) The Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.
(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 35C (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.56E
Restrictions on disclosing protected information
sec.56E 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 senate 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 senate’s functions—
the senate;
a committee of the senate;
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 56B ; or
a notice, or information contained in a notice, given under section 56D .
s 56E ins 2017 No. 36 s 71
(sec.56E-ssec.1) This section applies to a person who possesses protected information because the person is or was— the Minister; or a member; or a person involved in the administration of this Act, including, for example, as a public service employee; or a person helping the Minister, the senate or a member to perform a function under this Act, including by providing administrative or other support.
(sec.56E-ssec.2) The person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) . Maximum penalty—100 penalty units.
(sec.56E-ssec.3) The person may disclose the protected information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.
(sec.56E-ssec.4) Also, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the senate’s functions— the senate; a committee of the senate; a member; another person.
(sec.56E-ssec.5) In this section— function includes power. perform , a function, includes exercise a power. protected information means— a report, or information contained in a report, given under section 56B ; or a notice, or information contained in a notice, given under section 56D .
(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 senate 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 senate;
(b) a committee of the senate;
(c) a member;
(d) another person.
(a) a report, or information contained in a report, given under section 56B ; or
(b) a notice, or information contained in a notice, given under section 56D .
sec.57
Control of traffic and conduct on university land
sec.57 Control of traffic and conduct on university land
Schedule 1 has effect.
sec.58
Regulation-making power
sec.58 Regulation-making power
The Governor in Council may make regulations under this Act.
sec.59
Repealed Act references
sec.59 Repealed Act references
In an Act or document, a reference to the University of Queensland Act 1965 may, if the context permits, be taken to be a reference to this Act.
pt.8
Transitional provisions
Transitional provisions
pt.8-div.1
Transitional provision for continuing in office particular members holding office in 2004
Transitional provision for continuing in office particular members holding office in 2004
sec.60
Continuation of particular members
sec.60 Continuation of particular members
This section applies to a person who was an appointed, elected or additional member immediately before the commencement of the section.
Despite sections 18, 19(1) and 20, the person continues as an appointed, elected or additional member until—
1 January 2006; or
the person’s office sooner becomes vacant.
s 60 prev s 60 exp 2 July 1999 (see s 72)
pres s 60 ins 2004 No. 44 s 38
(sec.60-ssec.1) This section applies to a person who was an appointed, elected or additional member immediately before the commencement of the section.
(sec.60-ssec.2) Despite sections 18, 19(1) and 20, the person continues as an appointed, elected or additional member until— 1 January 2006; or the person’s office sooner becomes vacant.
(a) 1 January 2006; or
(b) the person’s office sooner becomes vacant.
pt.8-div.2
Transitional provisions for the University Legislation Amendment Act 2005
Transitional provisions for the University Legislation Amendment Act 2005
sec.61
Definitions for div 2
sec.61 Definitions for div 2
In this division—
commencement means the commencement of the provision in which the term is used.
new additional members see section 67.
new appointed members see section 63(2).
pre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act 2005 , part 6.
s 61 prev s 61 exp 2 July 1999 (see s 72)
pres s 61 ins 2005 No. 18 s 114
sec.62
Continuation of official members
sec.62 Continuation of official members
Despite section 13, a person who was an official member under section 13(2)(b), (d), (e), (f) or (g) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start.
s 62 prev s 62 exp 2 July 1999 (see s 72)
pres s 62 ins 2005 No. 18 s 114
sec.63
Appointment of new appointed members
sec.63 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 63 prev s 63 exp 2 July 1999 (see s 72)
pres s 63 ins 2005 No. 18 s 114
(sec.63-ssec.1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 8 persons for appointment, under section 14(2), as appointed members.
(sec.63-ssec.2) The Governor in Council may appoint the persons as appointed members (the new appointed members ).
sec.64
Continuation of appointed members
sec.64 Continuation of appointed members
This section applies to a person who was an appointed member immediately before the commencement.
Despite sections 14(1) and 60(2), the person continues as an appointed member until—
the new appointed members’ terms of office start; or
the person’s office sooner becomes vacant.
s 64 prev s 64 exp 2 July 1999 (see s 72)
pres s 64 ins 2005 No. 18 s 114
(sec.64-ssec.1) This section applies to a person who was an appointed member immediately before the commencement.
(sec.64-ssec.2) Despite sections 14(1) and 60(2), the person continues as an appointed member until— the new appointed members’ terms of office start; or the person’s office sooner becomes vacant.
(a) the new appointed members’ terms of office start; or
(b) the person’s office sooner becomes vacant.
sec.65
Continuation of elected members
sec.65 Continuation of elected members
Despite section 15(1) and (2), a person who was an elected member immediately before the commencement continues as an elected member until—
the person’s term of office ends under section 66; or
the person’s office sooner becomes vacant.
s 65 prev s 65 exp 2 July 1999 (see s 72)
pres s 65 ins 2005 No. 18 s 114
(a) the person’s term of office ends under section 66; or
(b) the person’s office sooner becomes vacant.
sec.66
Ballot, and term of office, for elected members
sec.66 Ballot, and term of office, for elected members
At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.
Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.
The person’s term of office ends when the elected member 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 member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.
Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.
The person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.
Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.
The person’s term of office ends when the elected member mentioned in section 15(2)(d) of the post-amended Act is elected under the ballot.
Subsection (11) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(e) of the pre-amended Act.
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), (9) and (11) apply despite sections 19(1) and (2) and 60(2).
In this section—
post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 6.
s 66 prev s 66 exp 2 July 1999 (see s 72)
pres s 66 ins 2005 No. 18 s 114
(sec.66-ssec.1) At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.
(sec.66-ssec.2) Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.
(sec.66-ssec.3) The person’s term of office ends when the elected member who is the member’s successor is elected under the ballot.
(sec.66-ssec.4) Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act.
(sec.66-ssec.5) The person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.
(sec.66-ssec.6) Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.
(sec.66-ssec.7) The person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.
(sec.66-ssec.8) Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.
(sec.66-ssec.9) The person’s term of office ends when the elected member mentioned in section 15(2)(d) of the post-amended Act is elected under the ballot.
(sec.66-ssec.10) Subsection (11) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(e) of the pre-amended Act.
(sec.66-ssec.11) The person’s term of office ends when the elected members mentioned in section 15(2)(f) of the post-amended Act are elected under the ballot.
(sec.66-ssec.12) A person is taken to be elected under the ballot when the new appointed members’ terms of office start.
(sec.66-ssec.13) Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.
(sec.66-ssec.14) Subsections (3), (5), (7), (9) and (11) apply despite sections 19(1) and (2) and 60(2).
(sec.66-ssec.15) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 6.
sec.67
Appointment of new additional members
sec.67 Appointment of new additional members
The senate must, within 1 year after the commencement, appoint 3 persons as additional members (the new additional members ) under section 16.
s 67 prev s 67 exp 31 December 1998 (see s 67(5))
pres s 67 ins 2005 No. 18 s 114
sec.68
Continuation of additional members
sec.68 Continuation of additional members
This section applies to a person who was an additional member immediately before the commencement.
Despite section 60(2), the person continues as an additional member until—
the new additional members’ terms of office start; or
the person’s office sooner becomes vacant.
s 68 prev s 68 exp 2 July 1999 (see s 72)
pres s 68 ins 2005 No. 18 s 114
(sec.68-ssec.1) This section applies to a person who was an additional member immediately before the commencement.
(sec.68-ssec.2) Despite section 60(2), the person continues as an additional member until— the new additional members’ terms of office start; or the person’s office sooner becomes vacant.
(a) the new additional members’ terms of office start; or
(b) the person’s office sooner becomes vacant.
sec.69
Senate need not include additional members
sec.69 Senate need not include additional members
Despite section 12, the senate need not include additional members before the new additional members’ terms of office start.
s 69 prev s 69 exp 2 July 1999 (see s 72)
pres s 69 ins 2005 No. 18 s 114
sec.70
Dealing with casual vacancy in office of elected member
sec.70 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 66(1) is conducted.
For appointing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 6, had not commenced.
s 70 prev s 70 exp 2 July 1999 (see s 72)
pres s 70 ins 2005 No. 18 s 114
(sec.70-ssec.1) This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 66(1) is conducted.
(sec.70-ssec.2) For appointing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 6, had not commenced.
sec.71
Constitution of senate
sec.71 Constitution of senate
This section applies until the new appointed members’ terms of office start.
Despite section 17, the senate is taken to be properly constituted when it has 20 or more members, whether they be additional, appointed, elected or official members.
s 71 prev s 71 exp 2 July 1999 (see s 72)
pres s 71 ins 2005 No. 18 s 114
(sec.71-ssec.1) This section applies until the new appointed members’ terms of office start.
(sec.71-ssec.2) Despite section 17, the senate is taken to be properly constituted when it has 20 or more members, whether they be additional, appointed, elected or official members.
pt.8-div.3
Expiry of statutes
Expiry of statutes
sec.72
Expiry of statutes
sec.72 Expiry of statutes
This section applies to the following statutes—
University of Queensland Statute No. 5 (Awards) 1999
University of Queensland Statute No. 6 (Fees) 1999
Despite the Statutory Instruments Act 1992 , section 54, each statute—
is taken not to have expired on 1 September 2009; and
expires on 1 September 2010 unless it is repealed before that day.
s 72 prev s 72 exp 2 July 1999 (see s 72)
pres s 72 ins 2009 No. 39 s 40
(sec.72-ssec.1) This section applies to the following statutes— University of Queensland Statute No. 5 (Awards) 1999 University of Queensland Statute No. 6 (Fees) 1999
(sec.72-ssec.2) Despite the Statutory Instruments Act 1992 , section 54, each statute— is taken not to have expired on 1 September 2009; and expires on 1 September 2010 unless it is repealed before that day.
• University of Queensland Statute No. 5 (Awards) 1999
• University of Queensland Statute No. 6 (Fees) 1999
(a) is taken not to have expired on 1 September 2009; and
(b) expires on 1 September 2010 unless it is repealed before that day.
pt.8-div.4
Transitional provisions for University Legislation Amendment Act 2017
Transitional provisions for University Legislation Amendment Act 2017
sec.73
Definition for division
sec.73 Definition for division
In this division—
previous , for a provision of this Act, means the provision as in force from time to time before the commencement.
s 73 ins 2017 No. 36 s 139
sec.74
Particular references to senate election
sec.74 Particular references to senate election
A reference in the following provisions to a senate election includes a reference to a ballot under previous section 15(3)—
section 20A(2) and (3)(a);
schedule 2, definition elected member .
s 74 ins 2017 No. 36 s 139
(a) section 20A(2) and (3)(a);
(b) schedule 2, definition elected member .
sec.75
Repeal of university statutes
sec.75 Repeal of university statutes
This section applies to a university statute made under previous section 52 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 75 ins 2017 No. 36 s 139
(sec.75-ssec.1) This section applies to a university statute made under previous section 52 that was in force immediately before the commencement.
(sec.75-ssec.2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed.
sch.1-pt.1
Authorised persons
Authorised persons
sch.1-sec.1
Appointment
sch.1-sec.1 Appointment
The vice-chancellor may, in writing, appoint a person who the vice-chancellor is satisfied has the necessary training, or knowledge and experience, to be an authorised person under this Act.
sch.1-sec.2
Limitation of authorised person’s powers
sch.1-sec.2 Limitation of authorised person’s powers
The powers of an authorised person may be limited—
under a condition of appointment; or
by notice of the vice-chancellor given to the authorised person.
Notice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.
sch 1 s 2 amd 2005 No. 18 s 165 sch
(sch.1-sec.2-ssec.1) The powers of an authorised person may be limited— under a condition of appointment; or by notice of the vice-chancellor given to the authorised person.
(sch.1-sec.2-ssec.2) Notice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.
(a) under a condition of appointment; or
(b) by notice of the vice-chancellor given to the authorised person.
sch.1-sec.3
Terms of appointment
sch.1-sec.3 Terms of appointment
An authorised person holds office on the conditions stated in the instrument of appointment.
An authorised person—
if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and
may resign by signed notice given to the vice-chancellor.
(sch.1-sec.3-ssec.1) An authorised person holds office on the conditions stated in the instrument of appointment.
(sch.1-sec.3-ssec.2) An authorised person— if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and may resign by signed notice given to the vice-chancellor.
(a) if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and
(b) may resign by signed notice given to the vice-chancellor.
sch.1-sec.4
Identity cards
sch.1-sec.4 Identity cards
The vice-chancellor must issue an identity card to each authorised person.
The identity card must—
contain a recent photograph of the authorised person; and
be in a form approved by the vice-chancellor; and
be signed by the authorised person.
A person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it.
Maximum penalty for subsection (3) —10 penalty units.
(sch.1-sec.4-ssec.1) The vice-chancellor must issue an identity card to each authorised person.
(sch.1-sec.4-ssec.2) The identity card must— contain a recent photograph of the authorised person; and be in a form approved by the vice-chancellor; and be signed by the authorised person.
(sch.1-sec.4-ssec.3) A person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3) —10 penalty units.
(a) contain a recent photograph of the authorised person; and
(b) be in a form approved by the vice-chancellor; and
(c) be signed by the authorised person.
sch.1-sec.5
Proof of authority
sch.1-sec.5 Proof of authority
An authorised person may exercise a power under this Act in relation to someone else only if the authorised person—
first produces his or her identity card for inspection by the other person; or
has his or her identity card displayed so that it is clearly visible.
If, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.
If subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .
(sch.1-sec.5-ssec.1) An authorised person may exercise a power under this Act in relation to someone else only if the authorised person— first produces his or her identity card for inspection by the other person; or has his or her identity card displayed so that it is clearly visible.
(sch.1-sec.5-ssec.2) If, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.
(sch.1-sec.5-ssec.3) If subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .
(a) first produces his or her identity card for inspection by the other person; or
(b) has his or her identity card displayed so that it is clearly visible.
sch.1-pt.2
Traffic control
Traffic control
sch.1-sec.6
Persons authorised to control traffic on university’s land
sch.1-sec.6 Persons authorised to control traffic on university’s land
An authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.
A person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it.
Maximum penalty for subsection (2) —10 penalty units.
(sch.1-sec.6-ssec.1) An authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.
(sch.1-sec.6-ssec.2) A person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (2) —10 penalty units.
sch.1-sec.7
Regulatory notice
sch.1-sec.7 Regulatory notice
The university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example—
fixing a maximum speed limit; or
indicating a pedestrian crossing; or
indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.
A person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it.
Maximum penalty—10 penalty units.
A regulatory notice—
must state the limits of the area to which the notice applies; and
may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.
Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.
Evidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.
A regulatory notice erected or displayed under this section must be easily visible to passers-by.
(sch.1-sec.7-ssec.1) The university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example— fixing a maximum speed limit; or indicating a pedestrian crossing; or indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.
(sch.1-sec.7-ssec.2) A person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.
(sch.1-sec.7-ssec.3) A regulatory notice— must state the limits of the area to which the notice applies; and may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.
(sch.1-sec.7-ssec.4) Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.
(sch.1-sec.7-ssec.5) Evidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.
(sch.1-sec.7-ssec.6) A regulatory notice erected or displayed under this section must be easily visible to passers-by.
(a) fixing a maximum speed limit; or
(b) indicating a pedestrian crossing; or
(c) indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.
(a) must state the limits of the area to which the notice applies; and
(b) may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.
sch.1-sec.8
Information notices
sch.1-sec.8 Information notices
This section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.
The university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.
An information notice may contain any other information the vice-chancellor considers appropriate.
An information notice erected or displayed under this section must be easily visible to passers-by.
In this section—
regulatory notice does not include an official traffic sign.
(sch.1-sec.8-ssec.1) This section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.
(sch.1-sec.8-ssec.2) The university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.
(sch.1-sec.8-ssec.3) An information notice may contain any other information the vice-chancellor considers appropriate.
(sch.1-sec.8-ssec.4) An information notice erected or displayed under this section must be easily visible to passers-by.
(sch.1-sec.8-ssec.5) In this section— regulatory notice does not include an official traffic sign.
sch.1-sec.9
Removal and detention of illegally parked or abandoned vehicles
sch.1-sec.9 Removal and detention of illegally parked or abandoned vehicles
An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds—
is parked in contravention of a regulatory notice; or
is abandoned.
The vehicle must be held at a safe place.
An authorised person may exercise the powers given under subsection (1) (a) only if—
the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and
the authorised person—
can not immediately locate the driver of the vehicle; or
believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
As soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.
If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.
If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.
In this section—
vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
sch 1 s 9 amd 2005 No. 18 s 165 sch
(sch.1-sec.9-ssec.1) An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds— is parked in contravention of a regulatory notice; or is abandoned.
(sch.1-sec.9-ssec.2) The vehicle must be held at a safe place.
(sch.1-sec.9-ssec.3) An authorised person may exercise the powers given under subsection (1) (a) only if— the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and the authorised person— can not immediately locate the driver of the vehicle; or believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
(sch.1-sec.9-ssec.4) As soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.
(sch.1-sec.9-ssec.5) If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.
(sch.1-sec.9-ssec.6) If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.
(sch.1-sec.9-ssec.7) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
(a) is parked in contravention of a regulatory notice; or
(b) is abandoned.
(a) the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and
(b) the authorised person— (i) can not immediately locate the driver of the vehicle; or (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
(i) can not immediately locate the driver of the vehicle; or
(ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
(i) can not immediately locate the driver of the vehicle; or
(ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
sch.1-sec.10
Disposal of unclaimed vehicles
sch.1-sec.10 Disposal of unclaimed vehicles
This section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .
After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.
The notice must—
identify the vehicle; and
state that the vehicle is to be sold by auction; and
state how the owner may recover the vehicle before the auction; and
state the time and place of the auction.
Compensation is not recoverable against the university for the sale of a vehicle under this section.
In this section—
vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
(sch.1-sec.10-ssec.1) This section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .
(sch.1-sec.10-ssec.2) After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.
(sch.1-sec.10-ssec.3) The notice must— identify the vehicle; and state that the vehicle is to be sold by auction; and state how the owner may recover the vehicle before the auction; and state the time and place of the auction.
(sch.1-sec.10-ssec.4) Compensation is not recoverable against the university for the sale of a vehicle under this section.
(sch.1-sec.10-ssec.5) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
(a) identify the vehicle; and
(b) state that the vehicle is to be sold by auction; and
(c) state how the owner may recover the vehicle before the auction; and
(d) state the time and place of the auction.
sch.1-sec.11
Application of proceeds of sale
sch.1-sec.11 Application of proceeds of sale
The proceeds of the sale must be applied in the following order—
in payment of the reasonable expenses incurred in the sale;
in payment of the reasonable cost of seizing, removing and holding the vehicle;
if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;
in payment of any balance to the owner.
Compensation is not recoverable against the university for a payment under this section.
sch 1 s 11 amd 2010 No. 44 s 80
(sch.1-sec.11-ssec.1) The proceeds of the sale must be applied in the following order— in payment of the reasonable expenses incurred in the sale; in payment of the reasonable cost of seizing, removing and holding the vehicle; if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the owner.
(sch.1-sec.11-ssec.2) Compensation is not recoverable against the university for a payment under this section.
(a) in payment of the reasonable expenses incurred in the sale;
(b) in payment of the reasonable cost of seizing, removing and holding the vehicle;
(c) if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;
(d) in payment of any balance to the owner.
sch.1-pt.3
Conduct on university land
Conduct on university land
sch.1-sec.12
Conduct causing a public nuisance
sch.1-sec.12 Conduct causing a public nuisance
A person must not be disorderly or create a disturbance on the university’s land.
Maximum penalty—20 penalty units.
sch.1-sec.13
Power to deal with persons causing a public nuisance
sch.1-sec.13 Power to deal with persons causing a public nuisance
This section applies if an authorised person—
finds a person contravening section 12 ; or
finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or
has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or
reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
reasonably believes that a person is on the land without lawful justification or excuse.
The authorised person may direct the person to leave the university’s land or a part of the university’s land.
A person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it.
Maximum penalty—10 penalty units.
(sch.1-sec.13-ssec.1) This section applies if an authorised person— finds a person contravening section 12 ; or finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or reasonably believes that a person is on the land without lawful justification or excuse.
(sch.1-sec.13-ssec.2) The authorised person may direct the person to leave the university’s land or a part of the university’s land.
(sch.1-sec.13-ssec.3) A person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.
(a) finds a person contravening section 12 ; or
(b) finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or
(c) has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or
(d) reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
(e) has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
(f) reasonably believes that a person is on the land without lawful justification or excuse.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the University of Queensland Act 1998.
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
pt.2 The university and its senate
The university and its senate
pt.2-div.1 University establishment and general functions and powers
University establishment and general functions and powers
sec.4 Establishment of university
sec.4 Establishment of university
A university called ‘The University of Queensland’ 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) A university called ‘The University of Queensland’ is established.
(sec.4-ssec.2) The university— is a body corporate; and has a seal; and may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.5 Functions of university
sec.5 Functions of university
The university’s functions are—
to disseminate knowledge and promote scholarship; and
to provide education at university standard; and
to provide facilities for, and encourage, study and research; and
to encourage the advancement and development of knowledge, and its application; and
to provide courses of study or instruction (at the levels of achievement the senate considers appropriate) to meet the needs of the community; and
to confer higher education awards; and
to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and
to perform other functions given to the university under this or another Act.
(a) to disseminate knowledge and promote scholarship; and
(b) to provide education at university standard; and
(c) to provide facilities for, and encourage, study and research; and
Establishes offices of chancellor, deputy chancellor and vice-chancellor, fixes appointment rules and terms, and makes the vice-chancellor the chief executive officer with delegation powers (ss 30-32).
Enables the university to hold property on trust, to vary donor-purpose schemes in specified circumstances by written scheme (ss 36-41), and to deal with State land under the Land Act 1994 subject to particular lease rules (s 44).
Declares the university a statutory body under relevant financial legislation (ss 45-46), allows establishment of trust funds and an investment common fund with distribution rules (ss 47-48), and requires the senate to adopt an annual budget and review bequests/donations (s 50).
Provides commercial powers to form or participate in corporations (s 55) and to contract for use of facilities and staff (s 56).
Supplies administrative and compliance tools on university land via Schedule 1: appoint authorised persons (sch 1-pt 1), traffic control and regulatory notices (sch 1-pt 2), removal and disposal of vehicles (sch 1-pt 2 ss 9-11), and powers to direct persons to leave or address public-nuisance behaviour (sch 1-pt 3 ss 12-13).
Prescribes criminal-history reporting and confidentiality controls: the Minister and the senate may request criminal-history reports from the police commissioner with written consent (s 56B), the Act requires disclosure by members of disqualification or certain convictions with a 100-penalty-unit maximum (s 56D), and protects such reports and notices from unauthorised disclosure with its own 100-penalty-unit sanction (s 56E).
Provides for regulations (s 58) and contains a range of transitional provisions and amendment annotations embedded in the text.
The Act therefore implements a governance regime that combines internal governance (senate powers, member duties, election rules, budget obligations) with State oversight (appointed members by Governor in Council, Ministerial powers to extend terms s 26C, and the Ministerial role in appointments under s 21). It also creates asset-management and commercial authorities (trust schemes s 37-41, investment common fund s 48, corporate participation s 55) and operational controls on campus (Schedule 1). The Act includes specific compliance procedures (identity cards for authorised persons sch 1-s 4-5) and sanctions for particular breaches (specified maximum penalty units in Schedule 1 and ss 56D-56E).
Main concepts
Corporate university and statutory status
The university is a statutory corporation (s 4). It is declared to be a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (ss 45-46). These declarations place the university within the framework of State financial oversight and public-sector financial arrangements referenced in those Acts.
Functions and general powers
The university’s core functions are set out in s 5: dissemination of knowledge, teaching at university standard, providing facilities for study and research, conferral of higher education awards, commercial exploitation of university resources, and wellbeing services. The university “has all the powers of an individual” and may do anything necessary or convenient to perform these functions, including entering contracts, dealing with property, appointing agents, engaging consultants and fixing charges (s 6(1) and examples (a)-(f)). The Act explicitly allows the exercise of powers outside Queensland and Australia (ss 6(3)-(4)).
Senate governance and delegation
The senate is the governing body (s 8(1)) and has powers to do anything necessary or convenient in connection with its functions (s 9(1)). The Act permits delegation of senate powers to specified categories (s 11(1)) but prohibits delegation of certain powers , namely, making an election policy and adopting the university’s annual budget (s 11(2)). Delegation to the vice-chancellor may allow subdelegation to appropriately qualified staff (s 11(3)).
Membership architecture and election regime
The senate composition is multi-class: three official members (chancellor, vice-chancellor, president of the academic board) (s 13), eight appointed members (Governor in Council) (s 14), eight elected members across several classes (academic board, academic staff, general staff, undergraduate, postgraduate, three graduates) (s 15), and three additional members appointed by the senate (s 16). Election procedures must be governed by an election policy containing integrity, secrecy and eligibility safeguards, and be published on the university website (s 26AA). Elections must be conducted under the election policy (s 26AB) and eligibility to vote is limited to eligible persons for the class and any additional policy requirements (s 26AC).
Member duties, disclosure and removal
Members are tasked with ensuring the senate performs appropriately, effectively and efficiently and must act honestly, exercise reasonable skill, disclose conflicts, and not misuse position or information (s 26A). The senate may remove an elected, appointed or additional member if at least 15 members are satisfied of non-compliance with s 26A(2) or a conduct obligation (s 26B). The Act mandates immediate disclosure by members of disqualification under Corporations Act part 2D.6 or conviction for particular indictable offences, with a 100-penalty-unit sanction (s 56D). The Act also permits the Minister or the senate, with written consent, to obtain criminal-history reports from the police commissioner (s 56B).
The chancellor and deputy chancellor are prescribed with terms (chancellor up to 5 years s 30; deputy up to 4 years s 31). The vice-chancellor is the chief executive officer and may be appointed with terms decided by the senate, and may delegate vice-chancellor powers to qualified staff (s 32). The senate may establish an academic board to advise on academic matters and set its membership (s 35); the president of the academic board is a senate official member (s 35A).
Property, trust and finance provisions
The Act gives the senate power to amend terms of trusts or gifts in defined circumstances and to set up a written scheme for a designated purpose (ss 37-41). The university may establish trust funds and an investment common fund for collective investment with prescribed distribution rules (ss 47-48). Amounts received by the university are to be applied solely to university purposes, with specific examples listed (s 49). The senate must adopt an annual budget and attempt to control spending within it (s 50).
Land and transactional scope
State land dealings are to be governed by the Land Act 1994 but the university can grant interests only by lease and trustee leases/subleases for land subject to operational reserve/deed may be for up to 100 years (s 44(2)-(3)). The university may contract use of facilities and staff (s 56), and may form, join or manage corporations whose objects align with university functions; s 55 applies despite the Corporations Act, indicating an express overlap or override in corporate participation.
Operational controls and sanctions on university land
Schedule 1 appoints authorised persons (sch 1-s 1-3), requires identity cards (sch 1-s 4-5), authorises traffic control and regulatory notices (sch 1-s 6-8), and provides powers for seizure and disposal of vehicles (sch 1-ss 9-11). Conduct on university land is regulated , e.g. disorderly conduct is an offence (sch 1-s 12) and authorised persons may direct persons to leave in defined circumstances (sch 1-s 13). Specified penalty units apply to a range of these operational offences.
Confidentiality and protected information
Criminal-history reports and member-disclosure notices are protected information; unauthorised disclosure is prohibited and subject to penalty (s 56E). The Act requires destruction of police reports and notices once no longer needed for the Act’s purposes (ss 56B(6), 56D(4)).
Regulation-making power and transitional provisions
The Governor in Council may make regulations under the Act (s 58). The Act contains transitional provisions covering earlier amendment rounds and expiry arrangements for particular university statutes (Part 8).
Together, these concepts form a statutory governance, property-management and campus-control framework. The Act combines internal governance norms (member duties, election policy, budget adoption) with statutory levers (Governor in Council appointments, Ministerial notices, statutory financial status) and operational powers (commercial exploitation, corporate participation, campus traffic and conduct enforcement).
Who it affects
This Act creates obligations and confers powers that affect a clearly defined set of actors. Listing them with the principal provisions that impose duties or confer rights:
The university as a corporate entity: s 4 makes the university a body corporate with capacity to enter contracts, hold and dispose of property (s 6(1)(a)-(b)), to exploit resources commercially (s 5(h)) and to form or participate in corporations (s 55). It is also declared a statutory body under financial statutes (ss 45-46), affecting how it manages public money and borrows.
The senate and its members: the senate is the governing body (s 8(1)), and members , official, appointed, elected and additional , are subject to duties (s 26A), removal procedures (s 26B), term rules (ss 18-20), and disclosure obligations (s 56D). The senate decides membership of the academic board (s 35(2)) and may establish policies such as the election policy (s 26AA).
Official members: chancellor, vice-chancellor, and president of the academic board are official members (s 13). The Act prescribes selection, term limits and conditions for these officers (ss 30-32, 35A) and sets out disqualification rules and removal processes specific to these offices (ss 35C-35F).
Appointed members: eight appointed members are appointed by the Governor in Council (s 14); the Minister must recommend appointments within defined transitional timeframes in some amendment contexts (s 63). Appointed members are subject to eligibility limits tied to Corporations Act disqualification and criminal convictions (s 23), and the Minister has a power to override some convictions in specified circumstances (s 25).
Elected members and electorate classes: eight elected members represent academic board, staff (academic and general), undergraduate and postgraduate students, and graduates (s 15). Election conduct, voter eligibility and related procedures are regulated by an election policy the senate must make and publish (ss 26AA-26AC). Casual vacancy rules (s 20A) and Ministerial appointment powers if elections fail (s 21) affect these positions.
Additional members: three additional members are to be appointed by the senate and must not be students or staff; term lengths decided by the senate (s 16, s 20).
Vice-chancellor and senior officers: the vice-chancellor is the chief executive and may exercise powers conferred by the Act or the senate; delegation from the senate to the vice-chancellor may permit subdelegation (ss 11(3), 32(4)-(5)).
Academic board and president: the senate may establish an academic board and determine its membership; the academic board advises on teaching, scholarship and research (s 35). The president of the academic board is an official member of the senate (s 35A).
The Minister and Governor in Council: the Minister recommends appointed members (s 14(2) and s 63 transitional), may appoint elected members where elections fail (s 21), may extend members’ terms by up to one year (s 26C), and may (under s 56B) request police criminal-history reports for appointment decisions, subject to written consent. The Governor in Council makes appointments and regulations (s 58 and ss 14, 25(2) references to Governor in Council).
The police commissioner: must provide criminal-history reports on request from the Minister or the senate where written consent is provided (s 56B(3)).
Authorised persons: the vice-chancellor may appoint authorised persons for enforcement on university land and must issue identity cards; authorised persons may control traffic, direct persons to leave campus in specified circumstances, and seize vehicles parked in contravention of notices (sch 1-pt 1 and pt 2-3).
Students, staff and visitors: the Act imposes conduct rules (e.g. not to create a public nuisance sch 1-s 12), traffic and parking obligations under regulatory notices (sch 1-s 7), and obligations to comply with directions by authorised persons (sch 1-s 6 and sch 1-s 13). Student and staff classes are relevant for eligibility for election and for membership criteria (s 15, s 24).
Owners of vehicles: subject to seizure, removal, notice and sale provisions where vehicles are parked in contravention or are abandoned , authorised persons may seize and detain vehicles and the university may sell unclaimed vehicles after statutory notice procedures (sch 1-ss 9-11).
Donors and beneficiaries of trusts: the senate may, in defined circumstances, set up or amend schemes changing the use of property held on trust for donor purposes (ss 37-41). Persons interested in such property are entitled to receive a written copy of the scheme on request (s 37(4)).
Entities contracting with the university or managing university-affiliated corporations: the university may enter contracts for facility use and staff provision (s 56), establish or manage corporations for university objectives (s 55), and enter agreements with other corporations whose objects align with the university’s purposes (s 55(2)).
Persons receiving protected information: persons who possess police reports or disclosure notices are bound by confidentiality and destruction requirements (ss 56B(6), 56D(4), 56E).
In short, the Act establishes governance obligations and operational controls that affect internal actors (senate members, officers, academic board, staff, students) and external actors (Minister, Governor in Council, police commissioner, vehicle owners, donors, contractors). The Act calibrates who decides (the senate, the Minister, the Governor in Council, authorised persons), who pays (owners for vehicle removal costs where applicable sch 1-s 9(6)), and who bears disclosure/penalty risks (members subject to s 56D and s 56E).
Key duties and rights
This section explains the principal duties imposed on actors by the Act and the rights that follow from its provisions, with specific section citations.
Key duties of the senate and its members
Promote the university’s interests: the senate “must act in the way that appears to it most likely to promote the university’s interests” (s 10). That is a positive duty directing decision-making criteria for all senate actions.
Approve the annual budget and control spending: the senate must adopt a budget for the next financial year (s 50(1)) and “must control its spending as nearly as possible within the limits of the approved budget” (s 50(3)). The Act also requires the senate to review amounts available from bequests, donations or special grants and spending of those amounts annually (s 50(4)).
Non-delegable duties: while the senate may delegate many powers (s 11(1)), it may not delegate its power “to make an election policy” or “to adopt the university’s annual budget” (s 11(2)). These are explicit non-delegable decisions that ensure accountability for electoral procedures and financial planning remains with the senate.
Member fiduciary-like duties: each member “has the function of ensuring the senate performs its functions and exercises its powers appropriately, effectively and efficiently” (s 26A(1)). In doing so, members must act honestly and in the best interests of the university, exercise reasonable skill, care and diligence, disclose conflicts to the senate, and not misuse their position or information for advantage (s 26A(2)(a)-(d)). These requirements impose an operational standard of conduct approximating corporate governance duties.
Removal and disclosure obligations
Removal threshold and procedure: the senate may remove a member if at least 15 members are satisfied the member has not complied with s 26A(2) or a conduct obligation (s 26B(1)). If removal occurs, the member must be given notice and reasons as soon as practicable, and for appointed members the Minister must receive a copy (s 26B(2)).
Disclosure of disqualification/conviction: members who are disqualified from managing corporations under the Corporations Act part 2D.6, or who are convicted of specified indictable offences, must immediately notify the appropriate officer (s 56D(1)-(2)). Failure to notify attracts a maximum penalty of 100 penalty units (s 56D(2)).
Criminal-history reporting and confidentiality
Police reports: the Minister and the senate may request written criminal-history reports from the police commissioner to inform appointment/recommendation decisions, subject to written consent from the person being checked; the commissioner must comply (s 56B(1)-(3)). The requester must ensure destruction of the report when no longer needed (s 56B(6)).
Protected information and non-disclosure obligations: reports and notices under ss 56B and 56D are “protected information”; unauthorised disclosure is an offence (s 56E(2)) with limited exceptions (s 56E(3)-(4)), including disclosure necessary for performance of functions under the Act or where the person consented, or where the information is anonymised or publicly available. The maximum penalty for unauthorised disclosure is 100 penalty units (s 56E(2)).
Officer-specific duties and rights
Chancellor and deputy chancellor: the chancellor presides at senate meetings where present (s 27(1)); the deputy chancellor acts in the chancellor’s absence (s 31(4)). The chancellor and deputy chancellor must not be students or staff when elected (s 30(4)). The chancellor’s term may be up to 5 years (s 30(5)); deputy chancellor up to 4 years (s 31(3)).
Vice-chancellor: appointed by the senate with terms decided by the senate (s 32(2)-(3)). The vice-chancellor is the chief executive officer and may exercise and delegate powers conferred by law or by the senate (s 32(4)-(5)). Delegations to the vice-chancellor may permit subdelegation (s 11(3)).
Property, trust and financial duties
Trust-scheme modification: where property is held for a donor purpose and the senate is satisfied particular statutory conditions are met (exhaustion, impossibility, inadequacy, uncertainty etc.), the senate may set up a written scheme for a designated purpose and must give a copy without charge to any person who asks (ss 37(1)-(4)). Sections 38-41 set selection criteria, amendment processes, and notify that the division does not limit other legal rights regarding trusts (s 42).
Investment common fund and distribution: the university may set up an investment common fund for collective investment (s 48(1)). It must periodically distribute income to each component fund having regard to its share (s 48(3)). The Act allows temporary diversion of income to general funds where component funds are for a stated purpose and income is not needed immediately (s 48(4)), and otherwise permits capitalisation of income or setting aside for depreciation (s 48(5)).
Financial accountability and statutory-body obligations: s 45 declares the university a statutory body under the Financial Accountability Act 2009; s 46 declares it under the Statutory Bodies Financial Arrangements Act 1982. Those declarations impose external financial oversight consequences referenced in those Acts.
Operational and campus duties and rights
Authorised persons: the vice-chancellor may appoint authorised persons with appropriate training/experience (sch 1-s 1). They must be issued identity cards (sch 1-s 4) and produce them when exercising powers (sch 1-s 5). Authorised persons may control traffic (sch 1-s 6), erect regulatory notices (sch 1-s 7), seize vehicles parked contrary to notices or abandoned (sch 1-s 9), and direct persons to leave in specified circumstances (sch 1-s 13).
Enforcement and penalties: the Act specifies penalties for a range of contraventions on university land and for disclosure and non-disclosure failures (schedule and ss 56D-56E). The university may recover costs from owners for seizing and returning vehicles parked in contravention (sch 1-s 9(6)).
Rights
Commercial participation: the university may commercially exploit its facilities, enter into contracts, and form or take part in corporations to pursue objects consistent with the Act (ss 5(h), 6(1)(a)-(f), 55). Section 55 expressly states “this section applies despite the Corporations Act”, signalling an express statutory permission to set up corporate structures for university objectives.
Access to scheme documents and transparency: where the senate sets up a scheme for trust property, it must be in writing and must be made available without charge to anyone who asks (s 37(3)-(4)). The election policy must be published on the university’s website (s 26AA(1)(b)).
These duties and rights create concrete compliance obligations at the governance, operational and financial levels and calibrate the balance between internal autonomy (delegate powers, commercial activity) and external oversight (Minister, Governor in Council, statutory financial regimes).
Penalties and enforcement
The Act specifies a mix of civil, internal-governance and criminal/penal enforcement mechanisms. They fall into three broad categories: statutory penalties (monetary penalty units), internal governance remedies (removal, term extensions, appointment controls) and operational enforcement (seizure and disposition of property). Below are the principal mechanisms with section references.
Monetary penalties and criminal-style sanctions
Disclosure failures by members: failure to give the required notice under s 56D (immediate notice of disqualification under Corporations Act part 2D.6 or certain indictable convictions) attracts a maximum penalty of 100 penalty units (s 56D(2)). This is the largest monetary sanction in the Act.
Protected information disclosure: s 56E(2) makes unauthorised disclosure of “protected information” an offence with a maximum penalty of 100 penalty units. Protected information comprises police reports under s 56B and notices under s 56D (s 56E(5)).
Schedule 1 operational penalties: the Schedule prescribes smaller penalty unit sanctions for contraventions on university land:
Failure to return an identity card on cessation as an authorised person: maximum 10 penalty units (sch 1-s 4(3)).
Failure to comply with a direction from an authorised person controlling traffic: maximum 10 penalty units (sch 1-s 6(2)).
Failure to comply with a regulatory notice: maximum 10 penalty units (sch 1-s 7(2)); sch 1-s 7(2) expressly states a person must comply with a regulatory notice, maximum 10 penalty units.
Disorderly conduct creating a public nuisance on university land: maximum 20 penalty units (sch 1-s 12).
Failure to comply with a direction to leave university land from an authorised person under sch 1-s 13: maximum 10 penalty units (sch 1-s 13(3)).
Internal governance enforcement
Removal from office: the senate may remove an elected, appointed or additional member if at least 15 members are satisfied the member has breached s 26A(2) or failed a “conduct obligation” (s 26B(1)). The senate must give notice and reasons and must give the Minister a copy of the notice where the removed person is an appointed member (s 26B(2)). The chancellor, vice-chancellor or president may similarly be removed by the senate if 15 members are satisfied, with notice required (s 35D). The vice-chancellor may be removed despite contractual terms (s 35E(1)), though s 35E(2) preserves rights to claim compensation consistent with contract terms.
Ministerial powers: the Minister may appoint persons to elected-member positions where elections fail (s 21); the Minister may extend terms of office for up to one year by notice to the senate if satisfied it is in the university’s best interests and necessary for the senate to perform its functions (s 26C(1)-(3)). The Minister may override disqualifications for appointed members in certain circumstances by notice to the chancellor restoring the person as an appointed member (s 25(1)-(3)).
Operational enforcement and property disposition
Vehicle seizure and sale: authorised persons may seize, remove and hold vehicles believed parked in contravention of a regulatory notice or abandoned (sch 1-s 9(1)). The Act imposes procedural safeguards: vehicles must be held in a safe place (sch 1-s 9(2)), seizure is limited to reasonable grounds and necessity (sch 1-s 9(3)), the owner must be notified as soon as practicable and no later than 14 days after seizure (sch 1-s 9(4)), and if unlocated within 14 days the notice may be published (sch 1-s 9(5)). If the vehicle remains unclaimed for two months after notice, the university may sell by public auction after newspaper notice, and compensation is not recoverable against the university for sale (sch 1-ss 10(1)-(4)). Proceeds of sale are applied in order to costs of sale, costs of seizing/removal/holding, payment of amounts owing under registered security interests under the Personal Property Securities Act 2009 (Cwlth), and any balance to the owner (sch 1-s 11).
Procedural protections and document destruction
Police reports and notices must be destroyed when no longer needed for the purpose for which they were requested or given (s 56B(6) for police reports; s 56D(4) for notices). The duty to destroy is on the Minister, chancellor or vice-chancellor respectively. The combination of mandatory destruction and prohibitions on disclosure (s 56E) imposes strict confidentiality and record-keeping obligations; contravening unauthorised disclosure carries the 100-penalty-unit sanction (s 56E(2)).
Interaction of remedies
Internal removal and external remedies coexist: the senate’s power to remove an appointed member does not limit Governor in Council powers under the Acts Interpretation Act (s 26B(4)). Likewise, the Minister’s discretion to restore or approve persons despite convictions (s 25) allows executive override in certain cases, but restoration is formalised with notice and consequential effects on terms (ss 25(2)-(3), 26(2)-(3)).
Enforcement architecture summary
The Act mixes internal enforcement (senate removals, internal notices) with statutory penalties for specific contraventions (disclosure failures, campus conduct, traffic and identity-card rules), and operational compulsory processes (vehicle seizure and sale). The most substantial criminal-style sanctions are the 100-penalty-unit penalties for disclosure breaches under ss 56D and 56E. Practical enforcement therefore requires robust governance processes: documentation and destruction routines, clear election policies, transparent budget processes, and operational protocols for authorised persons on campus.
How it interacts with other laws
The Act contains many explicit cross-references to other statutes and creates a governance regime that interfaces with them. These references set out limitations, permissions and procedural overlaps that will determine interaction with broader legal frameworks.
Corporations Act and corporate disqualification
Disqualification from managing corporations under the Corporations Act part 2D.6 is an express disqualification ground for membership (s 23(1)(a)) and for holding office as chancellor, vice-chancellor or president (s 35C(1)(a)). The Act therefore imports corporate-law standards for disqualification into university governance. Sections 25 and 26 provide executive and senate discretion to permit appointments or restoration despite convictions, subject to reasonableness assessments; those exercises interact with the Corporations Act disqualification rules.
Corporations Act and corporate activity
Section 55 permits the university to form and take part in corporations for university purposes and states “This section applies despite the Corporations Act.” That phrasing indicates the Act authorises corporate activity for the university that might otherwise be constrained by the Corporations Act. The text does not specify the precise conflict resolution but plainly creates an express statutory basis for corporate participation by the university notwithstanding general Corporations Act governance (see s 55(3)).
Land Act 1994 and State land dealings
Section 44 makes State land dealings subject to the Land Act 1994 while imposing specific university rules: State land is to be held and disposed of under the Land Act (s 44(1)), but the university may grant interests only by lease (s 44(2)). Moreover, trustee leases or subleases for land subject to operational reserve or operational deed of grant in trust can be for up to 100 years despite the Land Act (s 44(3)). The section also interprets reserve/grant purposes referencing “university” to include anything consistent with the university functions under s 5 (s 44(5)). That creates an overlap where both Acts apply but the university Act carves an explicit entitlement for long leases and functional interpretation for “university” purposes.
Financial and statutory-body regimes
The Act declares the university a statutory body under the Financial Accountability Act 2009 (s 45) and under the Statutory Bodies Financial Arrangements Act 1982 (s 46). Those declarations mean the university’s financial operations, borrowing and accountability are governed or influenced by the regimes in those Acts, including budgeting, reporting, and financial arrangements under those statutes.
Personal Property Securities Act 2009 (Cwlth)
The sale-proceeds application scheme for disposed vehicles requires payment of amounts owing under a registered security interest under the Personal Property Securities Act 2009 (Cwlth) before payment to an owner (sch 1-s 11(1)(c)). The university must therefore consult the PPS register and respect registered security interests when applying proceeds.
Criminal Law (Rehabilitation of Offenders) Act 1986
“Criminal history” for the purposes of s 56B is defined by reference to the Criminal Law (Rehabilitation of Offenders) Act 1986, excluding “spent convictions” (s 56B(7)). That means the Act’s police-report and disclosure processes interact with rehabilitation-of-offenders policy to determine what criminal history is accessible and permissible for decision-makers.
Acts Interpretation Act and Governor in Council powers
The senate’s power to remove an appointed member does not limit Governor in Council powers under the Acts Interpretation Act 1954, section 25(1)(b)(i) or (iii) (s 26B(4)). That preserves the Executive’s statutory powers to act in relation to appointments and removals, and establishes that the Act does not oust Governor in Council apparatus.
Statutory Instruments and university statutes
Section 75 (transitional) and Part 8 contain provisions about repeal or expiry of university statutes made under previous versions of the Act. Section 72 preserves two university statutes from expiry for a defined period. Section 58 gives the Governor in Council power to make regulations under this Act; those regulations will interact with the Statutory Instruments Act when made.
Confidentiality and data destruction obligations
The Act requires destruction of police reports and members’ notices once no longer needed (ss 56B(6), 56D(4)) and prohibits unauthorised disclosure (s 56E). These obligations will interact with public-records law and privacy statutes; the Act imposes its own confidentiality regime and penalties but does not expressly displace other statutory secrecy or privacy obligations.
Practical interaction consequences
The Act both imports external legal standards into university governance (Corporations Act disqualification, Personal Property Securities Act priorities, rehabilitation-of-offenders definitions) and creates express statutory permissions or carve-outs (s 55 “despite the Corporations Act”; s 44 trustees’ leases up to 100 years despite Land Act). Organisations and lawyers operating in this space will need to map compliance across multiple statutory regimes: corporate governance and disqualification standards; financial statutory-body rules; land leases under the Land Act subject to the university-specific exceptions; secured-asset priorities under the PPS Act for vehicle sales; and criminal-history/privacy constraints for personnel vetting.
Amendment history
The text contains in-line amendment annotations that identify multiple insertions and amendments across legislative instruments. The Act as presented incorporates those changes; below is a section-by-section mapping of amendment annotations that appear in the supplied text. This list is restricted to the amendment notes recorded in the Act text itself.
Notable amendment insertions and amendments recorded in the text
2001: s 55 amended (noted by “amd 2001 No. 45 s 29 sch 3” near s 55).
2002: various insertions , e.g. s 20A “Dealing with casual vacancy in office of an elected member” was inserted in 2002 (s 20A ins 2002 No. 75 s 65); s 21, s 22, s 24, and other sections carry 2002 amendment notations (see relevant sections with “2002 No. 75” citations).
2004: s 60 “Continuation of particular members” inserted (s 60 pres s 60 ins 2004 No. 44 s 38).
2005: a substantial amendment package is visible across the text with the annotation “2005 No. 18”. Examples:
s 11 amendments: “s 11 amd 2005 No. 18 s 93”.
s 12, s 13, s 14 and many other membership provisions show “sub 2005 No. 18 s 94-101” annotations.
Schedule 1 amendments include “sch 1 s 2 amd 2005 No. 18 s 165 sch”.
s 55 shows “amd 2005 No. 18 s 112”.
Multiple insertions in 2005 are recorded throughout Part 2 and Part 4A.
2009: s 72 inserted (pres s 72 ins 2009 No. 39 s 40) , relating to expiry of statutes.
2010: schedule sale-proceeds amendment referencing the Personal Property Securities Act shows “sch 1 s 11 amd 2010 No. 44 s 80”.
2011: s 44 amendment citing 2011 No. 39 s 38.
2017: extensive amendments and insertions recorded as “2017 No. 36”. Examples include:
s 11 and other delegation-related amendments reference 2017 No. 36 s 63,130.
ss 26AA-26AC (election policy and conduct of election and eligibility to vote) were inserted in 2017 No. 36 s 135.
s 32 amendment (vice-chancellor) and s 35A, s 35C-35F, s 56D-56E insertions and amendments are shown as 2017 No. 36 s 68-71, 139.
other cross-references and renumberings carry 2017 amendment notes (e.g. s 35B renumbering and amendments).
2024: s 44 further amendment shows “2024 No. 12 s 131 sch 1 pt 1” tied to the Land Act interactions.
Transitional provisions and expiry clauses
Part 8 contains transitional provisions connected to the University Legislation Amendment Act 2005, and later 2017 amendments, with specific sections prescribing continuation of members, appointment timings and ballots (ss 60-71). Several of these transitional sections themselves record insertion dates (2005, 2017).
Section 72 (inserted 2009) addressed the expiry of particular university statutes and preserved two statutes for a further period.
What the amendment annotations imply for users of the text
The Act has been the subject of periodic legislative change over two decades. The 2005, 2010, 2011, 2017 and 2024 annotations indicate adjustments to governance (membership numbers, delegation, removal procedures), election rules (2017 insertions of election policy obligations), criminal-history checks and confidentiality regimes (2017 insertions of ss 56B, 56D, 56E), and land/lease arrangements (2011, 2024 amendments to s 44).
The in-text annotations identify where particular provisions were inserted or amended, enabling a reader to trace which sections are modern additions (for example, the election-policy regime introduced in 2017: ss 26AA-26AC).
The presence of transitional sections (Part 8) shows care taken at the time of amendment to manage ongoing office-holders and to phase in new membership arrangements.
Limitations
This section reports only the amendment information recorded in the supplied Act text. It does not provide a complete legislative history beyond those annotations and should be treated as a mapping of the amendments reflected in the presentised text rather than a comprehensive chronicle of all historical changes.
Litigation history
The provided Act text does not name or cite any judicial decisions, nor does it include footnotes or references to cases that have interpreted its provisions. There are no case names, reported judgments or statutory judicial interpretations included in the textual material supplied. Therefore, on the basis of the Act text alone:
There are no cases cited or discussed in the Act.
The Act itself contains no jurisprudential summaries or interpretative guidance drawn from litigation.
Practical implication for practitioners
Because the Act as provided contains no litigation history, practitioners seeking judicial interpretation must consult external legal databases and case law resources for decisions construing specific sections such as s 26A member duties, s 26B removal procedures, s 35E vice-chancellor removal consequences, s 44 land-lease interactions, or schedule provisions for seizure/disposal of vehicles. The absence of cases in the Act text means reliance on statutory language and cross-referenced legislation is necessary until or unless judicial authorities are located and cited.
Gotchas
This section flags provisions in the Act where statutory mechanics can produce outcomes that are easily overlooked, create operational tension or raise compliance risks. Each item links back to the specific provision in the Act.
Non-delegable senate powers (s 11(2))
The senate may not delegate the power to make an election policy or to adopt the annual budget. Administrative actors who assume such powers can be challenged; ensure the senate itself formally adopts the election policy and budget. Delegations to the vice-chancellor cannot circumvent these prohibitions.
Election-policy scope and potential gatekeeping (ss 26AA-26AC)
The election policy must be published on the university website (s 26AA(1)(b)). It must include integrity and secrecy provisions (s 26AA(2)) and may include eligibility requirements for nomination and voting (s 26AA(3)). This means the senate can set nomination requirements that, when enforced, may remove elected members who cease to meet those requirements (see s 24(1)(b)(i)). The Act permits election-policy design to affect who can be nominated or vote; practitioners should check whether nomination requirements are reasonable, transparent and consistently applied.
Ministerial appointment as a backstop to failed elections (s 21)
If elections fail to produce required members by the “relevant day”, the Minister may appoint persons to fill the class (s 21(2)). The senate may be asked to nominate appointees (s 21(3)). This creates an executive backstop that can supersede electoral outcomes in practice.
12-year membership limit and majority exception (s 23(2)-(3))
A person is ineligible to be elected or appointed if their election or appointment would result in more than 12 years’ service, but this limit can be waived by a majority of members agreeing (s 23(2)-(3)). This hybrid rule creates an internal-senate discretion to override the 12-year cap.
Ministerial power to extend terms (s 26C)
The Minister may extend terms of office for elected, appointed and additional members for up to one year where satisfied it is in the university’s best interests and necessary for proper senate function. The Minister must apply the same extension to all such members and may do so only once (s 26C(1)-(4)). This central executive power can alter normal rotation cycles and could freeze membership turnover in exceptional situations.
Removal thresholds and political dynamics (ss 26B, 35D)
A removal requires that at least 15 members be satisfied of a breach of s 26A(2) or a conduct obligation (s 26B(1), s 35D(1)). Depending on the size and composition of the senate, achieving the 15-member threshold may be straightforward or difficult; the Act provides no further procedural appeal mechanism, though a removed member receives notice and reasons (s 26B(2)). The combination of a numerical threshold with wide terms like “conduct obligation” can introduce uncertainty in contentious governance disputes.
Vice-chancellor removal and contractual claims (ss 35E)
The senate may remove the vice-chancellor despite contractual terms (s 35E(1)). Section 35E(2) preserves the vice-chancellor’s right to claim compensation or other entitlements under existing terms, but only as if the appointment had been ended as permitted under the terms or as if the term of office had ended. Practical consequence: removal may trigger significant contractual liability exposure for the university.
Criminal-history data handling and high penalties (ss 56B, 56D, 56E)
The Minister and the senate can request police criminal-history reports but only with the person’s written consent (s 56B(4)). The Act requires destruction of such reports once no longer needed (s 56B(6)) and prohibits unauthorised disclosure of protected information (s 56E(2)) with penalties up to 100 penalty units. Administrative failure to destroy or to maintain confidentiality can attract severe sanctions.
Identity-card and authorised-person proof rules (sch 1-ss 4-5)
An authorised person must produce or display an identity card to exercise powers (sch 1-s 5). If not practicable, the authorised person must produce the card at the first reasonable opportunity; otherwise the exercise of power may be challenged. There is a 10-penalty-unit offence for failing to return an identity card on cessation (sch 1-s 4(3)).
Vehicle seizure and disposal procedural traps (sch 1-ss 9-11)
Seizure requires reasonable grounds and necessity (sch 1-s 9(3)); failure to comply with the notice and publication requirements can create liability. On sale of unclaimed vehicles, the proceeds are to be applied in an ordered priority that includes payment for registered security interests under the Personal Property Securities Act 2009 (sch 1-s 11). The university’s failure to check the PPS register or to publish statutory notices may complicate recoveries. Compensation is expressly not recoverable for sale under sch 1-s 10(4), which affects owner remedies against the university.
“Despite” clauses and interaction with the Corporations Act (s 55)
Section 55’s express “despite the Corporations Act” formulation means university corporate activity has a special statutory footing. This could affect governance expectations for corporate vehicles associated with the university and how corporate-law duties interact with the university’s statutory permissions.
Broad power to exploit commercially (s 5(h))
The function to exploit commercially a university facility or resource (s 5(h)) is broad and may bring commercial risks and obligations, including intellectual property management and contractual exposure. The Act gives the university power to fix charges for services (s 6(1)(e)); pricing decisions must therefore align with the statutory purpose and budget duties.
Each of these points translates into operational or legal risk that should be addressed by governance rules, documented policies (especially election and delegation instruments), and procedural checklists for handling criminal-history data, vehicle seizures, and member-term transitions.
How to comply
Below are practicable, source-grounded compliance steps mapped to specific provisions in the Act. The list is tailored to university officers, senate members, authorised persons, and advisers.
Governance and delegation
Record non-delegable functions: ensure formal senate minutes record that the senate retains the power to adopt the election policy and the annual budget (s 11(2)). Where delegations are made under s 11(1), document instruments of delegation and any permitted subdelegation, and ensure the delegation to the vice-chancellor explicitly records whether subdelegation is permitted (s 11(3)).
Maintain meeting quorums and presiding arrangements: confirm quorum procedures (half of members present) and chancellor/deputy chancellor presiding rules are embedded in standing orders (ss 27-28, 29).
Election policy and conduct
Draft and publish election policy: the senate must make an election policy about the conduct of elections required under s 15 and publish it on the university website (s 26AA(1)). The policy must include integrity and security provisions, secret-ballot requirements, prohibitions on multiple voting, nomination procedures, complaint handling, publication of results and may include nomination and voting eligibility requirements (s 26AA(2)-(3)). Maintain a web-version archive and a version-control log to evidence publication dates (s 26AA(4)).
Run elections under the policy: hold elections strictly in accordance with the election policy (s 26AB), and ensure voter eligibility checks conform to s 26AC. Keep records of ballots, issuance of ballots, and complaint resolutions.
Member duties, disclosures and removal
Implement conflict-disclosure regime: require members to disclose conflicts under s 26A(2)(c) in writing at least at induction and whenever a material conflict arises. Maintain the senate register and ensure conflicts are minuted and actioned.
Criminal-history consent process: prior to recommending appointed members or before appointing chancellor/vice-chancellor/president or elected/additional members where the senate requests a police report, secure written consent from the person to request a police report (s 56B(4)). Maintain secure transmission procedures and a chain-of-custody for reports.
Destroying reports: implement a retention-and-destruction policy that complies with s 56B(6) and s 56D(4) so police reports and notices are destroyed as soon as practicable after they are no longer needed for the Act’s purposes. Log destruction events and responsible officers.
Monitor Corporations Act disqualification: screen candidates for disqualification under Corporations Act part 2D.6 and obtain written confirmations; require immediate notification by members of any change to disqualification status under s 56D(1) and implement protocols to assess whether the member must vacate under s 24. Apply the 100-penalty-unit risk as a compliance incentive (s 56D(2)).
Budgeting and financial compliance
Annual budget adoption: ensure
Division pt.2-div.1University establishment and general functions and powers
(d) to encourage the advancement and development of knowledge, and its application; and
(e) to provide courses of study or instruction (at the levels of achievement the senate considers appropriate) to meet the needs of the community; and
(f) to confer higher education awards; and
(g) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
(h) to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and
(i) to perform other functions given to the university under this or another Act.
sec.6 General powers of university
sec.6 General powers of university
The university has all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, dispose of, and deal with property; and
appoint agents and attorneys; and
engage consultants; and
fix charges, and other terms, for services and other facilities it supplies; and
do anything else necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the university has the powers given to it under this or another Act.
The university may exercise its powers inside or outside Queensland.
Without limiting subsection (3) , the university may exercise its powers outside Australia.
(sec.6-ssec.1) The university has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for, or in connection with, its functions.
(sec.6-ssec.2) Without limiting subsection (1) , the university has the powers given to it under this or another Act.
(sec.6-ssec.3) The university may exercise its powers inside or outside Queensland.
(sec.6-ssec.4) Without limiting subsection (3) , the university may exercise its powers outside Australia.
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) fix charges, and other terms, for services and other facilities it supplies; and
(f) do anything else necessary or convenient to be done for, or in connection with, its functions.
pt.2-div.2 Senate establishment and general functions and powers
Senate establishment and general functions and powers
sec.7 Establishment of senate
sec.7 Establishment of senate
There is a senate of the university.
sec.8 Functions of senate
sec.8 Functions of senate
The senate is the university’s governing body.
The senate has the functions conferred on it under this or another Act.
(sec.8-ssec.1) The senate is the university’s governing body.
(sec.8-ssec.2) The senate has the functions conferred on it under this or another Act.
sec.9 Powers of senate
sec.9 Powers of senate
The senate may do anything necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the senate has the powers given to it under this or another Act and, in particular—
to appoint the university’s staff; and
to manage and control the university’s affairs and property; and
to manage and control the university’s finances.
(sec.9-ssec.1) The senate 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 senate has the powers given to it under this or another Act and, in particular— to appoint the university’s staff; and to manage and control the university’s affairs and property; and to manage and control the university’s finances.
(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 Senate to promote university’s interests
sec.10 Senate to promote university’s interests
The senate must act in the way that appears to it most likely to promote the university’s interests.
sec.11 Delegation
sec.11 Delegation
The senate may delegate its powers under this Act to—
an appropriately qualified member of the senate; or
an appropriately qualified committee that includes 1 or more members of the senate; or
an appropriately qualified member of the university’s staff.
However, the senate 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 93 ; 2017 No. 36 ss 63 , 130
(sec.11-ssec.1) The senate may delegate its powers under this Act to— an appropriately qualified member of the senate; or an appropriately qualified committee that includes 1 or more members of the senate; or an appropriately qualified member of the university’s staff.
(sec.11-ssec.2) However, the senate may not delegate its power— to make an election policy; or to adopt the university’s annual budget.
(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 senate; or
(b) an appropriately qualified committee that includes 1 or more members of the senate; or
(c) an appropriately qualified member of the university’s staff.
(a) to make an election policy; or
(b) to adopt the university’s annual budget.
pt.2-div.3 Senate membership
Senate membership
sec.12 Membership of senate
sec.12 Membership of senate
The senate consists of official members, appointed members, elected members and additional members.
s 12 sub 2005 No. 18 s 94
sec.13 Official members
sec.13 Official members
There are 3 official members.
The official members are—
the chancellor; and
the vice-chancellor; and
the president of the academic board.
s 13 sub 2005 No. 18 s 94
(sec.13-ssec.1) There are 3 official members.
(sec.13-ssec.2) The official members are— the chancellor; and the vice-chancellor; and the president of the academic board.
(a) the chancellor; and
(b) the vice-chancellor; and
(c) the president of the academic board.
sec.14 Appointed members
sec.14 Appointed members
There are 8 appointed members.
The Governor in Council is to appoint the appointed members.
s 14 amd 2005 No. 18 s 95
(sec.14-ssec.1) There are 8 appointed members.
(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.
sec.15 Elected members
sec.15 Elected members
There are 8 elected members.
The elected members are—
1 member of the academic board; and
1 member of the university’s full-time or part-time academic staff; and
1 member of the university’s full-time or part-time general staff; and
1 undergraduate student; and
1 postgraduate student; and
3 graduates of the university, other than persons eligible for membership under paragraph (a) , (b) , (c) (d) or (e).
Each elected member is to be elected at a senate election.
s 15 amd 2002 No. 75 s 64 ; 2005 No. 18 s 96 ; 2017 No. 36 s 131
(sec.15-ssec.1) There are 8 elected members.
(sec.15-ssec.2) The elected members are— 1 member of the academic board; and 1 member of the university’s full-time or part-time academic staff; and 1 member of the university’s full-time or part-time general staff; and 1 undergraduate student; and 1 postgraduate student; and 3 graduates of the university, other than persons eligible for membership under paragraph (a) , (b) , (c) (d) or (e).
(sec.15-ssec.3) Each elected member is to be elected at a senate election.
(a) 1 member of the academic board; and
(b) 1 member of the university’s full-time or part-time academic staff; and
(c) 1 member of the university’s full-time or part-time general staff; and
(d) 1 undergraduate student; and
(e) 1 postgraduate student; and
(f) 3 graduates of the university, other than persons eligible for membership under paragraph (a) , (b) , (c) (d) or (e).
sec.16 Additional members
sec.16 Additional members
There are 3 additional members.
The senate must appoint the additional members.
An additional member must not be a student or a member of the university’s academic staff or general staff.
s 16 sub 2005 No. 18 s 97
(sec.16-ssec.1) There are 3 additional members.
(sec.16-ssec.2) The senate must appoint the additional members.
(sec.16-ssec.3) An additional member must not be a student or a member of the university’s academic staff or general staff.
sec.17 When senate is taken to be properly constituted
sec.17 When senate is taken to be properly constituted
The senate is taken to be properly constituted when it has 13 or more members, whether they be additional, appointed, elected or official members.
s 17 amd 2005 No. 18 s 98
sec.18 Appointed member’s term of office
sec.18 Appointed member’s term of office
An appointed member is to be appointed for a term of not more than 4 years.
s 18 amd 2005 No. 18 s 99
sec.19 Elected member’s term of office
sec.19 Elected member’s term of office
An elected member mentioned in section 15 (2) (a) , (b) , (c) or (f) holds office for 4 years.
An elected member mentioned in section 15 (2) (d) or (e) 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 100
(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) , (b) , (c) or (f) holds office for 4 years.
(sec.19-ssec.2) An elected member mentioned in section 15 (2) (d) or (e) holds office for 2 years.
(sec.19-ssec.3) An elected member’s term of office starts— if the member is re-elected—the day after the day when the member’s previous term of office ends; or if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
(a) if the member is re-elected—the day after the day when the member’s previous term of office ends; or
(b) if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
sec.20 Additional member’s term of office
sec.20 Additional member’s term of office
An additional member is to be appointed for a term of not more than 4 years decided by the senate.
s 20 sub 2005 No. 18 s 101
sec.20A Dealing with casual vacancy in office of an elected member
sec.20A Dealing with casual vacancy in office of an elected member
This section applies if a casual vacancy arises in the office of an elected member.
If the member was elected at a senate election, the senate must appoint to the office the one person, if any, who—
was a candidate for the office in the senate election; and
was not elected; and
received the highest number of votes of all the candidates who were not elected; and
is eligible, under this Act, to be a member; and
is willing to be, and available to perform the functions of, a member.
Subsection (4) applies if—
the elected member was not elected at a senate election; or
no-one is eligible for appointment under subsection (2) .
The senate must appoint to the office a person who—
is eligible, under this Act, to be a member; and
is an eligible person for the class of elected members of which the elected member was a member; and
otherwise meets any nomination requirements under the election policy for that class of elected members.
A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a senate election.
s 20A ins 2002 No. 75 s 65
amd 2017 No. 36 s 132
(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 member was elected at a senate election, the senate must appoint to the office the one person, if any, who— was a candidate for the office in the senate election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member.
(sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a senate election; or no-one is eligible for appointment under subsection (2) .
(sec.20A-ssec.4) The senate must appoint to the office a person who— is eligible, under this Act, to be a member; and is an eligible person for the class of elected members of which the elected member was a member; and otherwise meets any nomination requirements under the election policy for that class of elected members.
(sec.20A-ssec.5) A person appointed under subsection (2) or (4) is taken, other than
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