University of Queensland Act 1998 An Act about The University of Queensland Part 1 Preliminary 1 Short title This Act may be cited as the University of Queensland Act 1998. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. Part 2 The university and its senate Division 1 University establishment and general functions and powers 4 Establishment of university (1) A university called 'The University of Queensland' is established. (2) The university— (a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name. 5 Functions of university The university's functions are— (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. 6 General powers of university (1) The university has all the powers of an individual, and may, for example— (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. (2) Without limiting subsection (1), the university has the powers given to it under this or another Act. (3) The university may exercise its powers inside or outside Queensland. (4) Without limiting subsection (3), the university may exercise its powers outside Australia. Division 2 Senate establishment and general functions and powers 7 Establishment of senate There is a senate of the university. 8 Functions of senate (1) The senate is the university's governing body. (2) The senate has the functions conferred on it under this or another Act. 9 Powers of senate (1) The senate may do anything necessary or convenient to be done for, or in connection with, its functions. (2) Without limiting subsection (1), the senate has the powers given to it under this or another Act and, in particular— (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. 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. 11 Delegation (1) The senate may delegate its powers under this Act to— (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. (2) However, the senate may not delegate its power— (a) to make an election policy; or (b) to adopt the university's annual budget. (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. Division 3 Senate membership 12 Membership of senate The senate consists of official members, appointed members, elected members and additional members. 13 Official members (1) There are 3 official members. (2) The official members are— (a) the chancellor; and (b) the vice-chancellor; and (c) the president of the academic board. 14 Appointed members (1) There are 8 appointed members. (2) The Governor in Council is to appoint the appointed members. 15 Elected members (1) There are 8 elected members. (2) The elected members are— (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). (3) Each elected member is to be elected at a senate election. 16 Additional members (1) There are 3 additional members. (2) The senate must appoint the additional members. (3) An additional member must not be a student or a member of the university's academic staff or general staff. 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. 18 Appointed member's term of office An appointed member is to be appointed for a term of not more than 4 years. 19 Elected member's term of office (1) An elected member mentioned in section 15(2)(a), (b), (c) or (f) holds office for 4 years. (2) An elected member mentioned in section 15(2)(d) or (e) holds office for 2 years. (3) An elected member's term of office starts— (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. 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. 20A Dealing with casual vacancy in office of an elected member (1) This section applies if a casual vacancy arises in the office of an elected member. (2) If the member was elected at a senate election, the senate must appoint to the office the one person, if any, who— (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. (3) Subsection (4) applies if— (a) the elected member was not elected at a senate election; or (b) no-one is eligible for appointment under subsection (2). (4) The senate must appoint to the office a person who— (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. (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. 21 Failure to elect elected members (1) This section applies if, by the end of the relevant day— (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). (2) The Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15(2). (3) The senate may, if asked by the Minister, nominate a person for appointment under subsection (2). (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. (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. 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. 23 Ineligibility for membership of senate (1) A person is not eligible to become an elected, appointed or additional member if— (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). (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. (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. (4) Subsection (1)(b) is subject to sections 25 and 26. 24 Vacation of office (1) The office of an elected, appointed or additional member becomes vacant if— (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. (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 (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). Note— See section 56D for the requirement to disclose a matter mentioned in paragraph (h) or (i). (2) Subsection (1)(i) is subject to sections 25 and 26. (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. 25 Discretion where appointed member convicted of indictable offence (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— (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. (2) On the day the chancellor receives a notice under subsection (1)(a)— (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. (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. 26 Discretion where elected or additional member convicted of indictable offence (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— (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. (2) On the day the person receives a notice under subsection (1)(a)— (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. (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. Division 3A Senate elections 26AA Election policy (1) The senate must— (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. (2) The election policy must include— (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 (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. (3) Also, the election policy may include provisions stating requirements for— (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. (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. 26AB Conduct of election An election required under section 15 must be held under the election policy. 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— (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. Division 4 Members' function, and removing elected, appointed and additional members from office 26A Member's function, and obligations about function (1) A member has the function of ensuring the senate performs its functions and exercises its powers appropriately, effectively and efficiently. (2) In performing the function, a member— (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. 26B Senate may remove member from office (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— (a) section 26A(2); or (b) a conduct obligation. (2) If the senate decides to remove a member from office under subsection (1), the senate must as soon as practicable— (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. (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— (a) the day the member receives the notice; (b) the day, if any, stated in the notice for that purpose. (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). Division 5 Extending terms of office 26C Minister may extend terms of office (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— (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. (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. (3) The extension applies only to members holding office when the notice is given under subsection (1). (4) This section— (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. Division 6 Meetings of the senate 27 Who is to preside at meetings (1) The chancellor must preside at meetings of the senate. (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. 28 Quorum A quorum exists at a meeting of the senate if at least half its members are present. 29 Conduct of meetings The senate may otherwise regulate its proceedings as it considers appropriate. Part 3 Certain officers of the university 30 Chancellor (1) There is a chancellor of the university. (2) The senate must elect a chancellor whenever there is a vacancy in the office. (3) The person elected need not be a member. (4) The person elected must not be a student or a member of the university's academic staff or general staff. (5) The chancellor holds office for the term, not longer than 5 years, fixed by the senate. 31 Deputy chancellor (1) There is a deputy chancellor of the university. (2) The senate must elect a member as deputy chancellor whenever there is a vacancy in the office. (3) The deputy chancellor holds office for the term, not longer than 4 years, fixed by the senate. (4) The deputy chancellor is to act as chancellor— (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. 32 Vice-chancellor (1) There is a vice-chancellor of the university. (2) The senate must appoint a vice-chancellor whenever there is a vacancy in the office. (3) The terms of appointment are as decided by the senate. (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. (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. Note— See also section 11(3) in relation to the subdelegation by the vice-chancellor of a power delegated by the senate. Part 4 Bodies connected with the university Division 1 [Repealed] 33 [Repealed] 34 [Repealed] Division 2 Academic board 35 Establishment of academic board (1) The senate may establish an academic board of the university. (2) The senate must determine the membership of the academic board. (3) The academic board must— (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. 35A President of academic board (1) There is to be a president of the academic board. (2) The senate must decide who is the president. (3) The president holds office for the term, not longer than 3 years, decided by the senate. Division 3 Application of Corporations legislation to bodies 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. Part 4A Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president 35C Disqualification from office (1) A person can not become, or continue as, the chancellor, vice-chancellor or president if— (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). Note— See section 56D for the requirement to disclose the disqualification or conviction. (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— (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 (b) otherwise—give written approval for the person to become the chancellor, vice-chancellor or president despite the conviction. (3) On the day the person receives a notice under subsection (2)(a)— (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. (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. 35D Senate may remove chancellor, vice-chancellor or president from office (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— (a) section 26A(2); or (b) a conduct obligation. (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. (3) The chancellor's, vice-chancellor's or president's term of office ends on the later of the following— (a) the day he or she receives the notice; (b) the day, if any, stated in the notice for that purpose. 35E Particular matters about removal of vice-chancellor (1) The senate may remove the vice-chancellor from office under section 35D despite the vice-chancellor's terms of appointment. (2) If the senate removes the vice-chancellor from office under section 35D— (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. 35F Vacation of office (1) The office of the chancellor, vice-chancellor or president becomes vacant if he or she— (a) can not continue as the chancellor, vice-chancellor or president under section 35C; or (b) is removed from office under section 35D. (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. Part 5 Property and finance Division 1 Property held on trust or conditions 36 Definition for div 1 In this division— property includes income from property and a part or residue of the property. 37 Amendment of terms of trusts and gifts (1) This section applies if— (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. (2) The senate may set up and maintain a scheme for the use of the property for another purpose (the designated purpose). (3) The scheme must be in writing. (4) The university must without charge give a copy of the scheme to anyone who asks for it. 38 Selection of designated purpose (1) In selecting the designated purpose, the senate must prefer a purpose that— (a) is as nearly similar as practicable to the donor's purpose; and (b) can practically and conveniently be achieved. (2) However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1). 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. 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. 41 Amendment of scheme (1) The senate may amend the scheme. (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. 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. 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. Division 2 Dealing with State land by senate 44 Application of Land Act 1994 (1) State land is held and may be disposed of under the Land Act 1994. (2) However, the university may grant an interest in State land only by way of lease. (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. (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— (a) 'university'; or (b) 'university and college'. (5) The purpose is taken to include anything that is consistent with the university's functions under section 5. (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. (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. Division 3 Finance 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. 46 University is statutory body under the Statutory Bodies Financial Arrangements Act 1982 (1) Under the Statutory Bodies Financial Arrangements Act 1982, the university is a statutory body. (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. 47 Trust funds The university may establish or administer trust funds. 48 Investment common fund (1) The university may establish an investment common fund for the collective investment of trust funds or other amounts held by it. (2) The university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust. (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. (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. (5) Also, despite subsection (3), the university may— (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. 49 Application of revenue (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. (2) To remove any doubt, each of the following purposes is a university purpose— (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. 50 Financial review (1) The senate must, in each year, adopt a budget for the university for the next year. (2) In framing the budget the senate need not take account of amounts mentioned in subsection (4). (3) The senate must control its spending as nearly as possible within the limits of the approved budget. (4) The senate must undertake an annual review of— (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. 51 University's financial year The university's financial year is a calendar year. Part 6 [Repealed] 52 [Repealed] 53 [Repealed] 54 [Repealed] Part 7 Miscellaneous 55 Forming and taking part in corporations (1) The university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following— (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. (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. (3) This section applies despite the Corporations Act. 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. 56A Protection from liability (1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university. 56B Report about person's criminal history (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) 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. (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) 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. (3) The commissioner of the police service must comply with a request under subsection (1) or (2). (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. (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. (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. (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. 56C Delegation by Minister The Minister may delegate the Minister's power under section 56B(1) to an appropriately qualified officer of the department. 56D Requirement to disclose particular matters (1) This section applies if a person who is a member— (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). (2) The person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to— (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. Maximum penalty—100 penalty units. (3) The notice must include the following information— (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; (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. (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. 56E Restrictions on disclosing protected information (1) This section applies to a person who possesses protected information because the person is or was— (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. (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. (3) The person may disclose the protected information to another person— (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. (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— (a) the senate; (b) a committee of the senate; (c) a member; (d) another person. (5) In this section— function includes power. perform, a function, includes exercise a power. protected information means— (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. 57 Control of traffic and conduct on university land Schedule 1 has effect. 58 Regulation-making power The Governor in Council may make regulations under this Act. 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. Part 8 Transitional provisions Division 1 Transitional provision for continuing in office particular members holding office in 2004 60 Continuation of particular members (1) This section applies to a person who was an appointed, elected or additional member immediately before the commencement of the section. (2) Despite sections 18, 19(1) and 20, the person continues as an appointed, elected or additional member until— (a) 1 January 2006; or (b) the person's office sooner becomes vacant. Division 2 Transitional provisions for the University Legislation Amendment Act 2005 Subdivision 1 Preliminary 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. Subdivision 2 Provisions about membership of senate 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. 63 Appointment of new appointed members (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. (2) The Governor in Council may appoint the persons as appointed members (the new appointed members). 64 Continuation of appointed members (1) This section applies to a person who was an appointed member immediately before the commencement. (2) Despite sections 14(1) and 60(2), the person continues as an appointed member until— (a) the new appointed members' terms of office start; or (b) the person's office sooner becomes vacant. 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— (a) the person's term of office ends under section 66; or (b) the person's office sooner becomes vacant. 66 Ballot, and term of office, for elected members (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. (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. (3) The person's term of office ends when the elected member who is the member's successor is elected under the ballot. (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. (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. (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. (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. (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. (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. (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. (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. (12) A person is taken to be elected under the ballot when the new appointed members' terms of office start. (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. (14) Subsections (3), (5), (7), (9) and (11) apply despite sections 19(1) and (2) and 60(2). (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. 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. 68 Continuation of additional members (1) This section applies to a person who was an additional member immediately before the commencement. (2) Despite section 60(2), the person continues as an additional member until— (a) the new additional members' terms of office start; or (b) the person's office sooner becomes vacant. 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. 70 Dealing with casual vacancy in office of elected member (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. (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. Subdivision 3 Constitution of senate 71 Constitution of senate (1) This section applies until the new appointed members' terms of office start. (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. Division 3 Expiry of statutes 72 Expiry of statutes (1) This section applies to the following statutes— • University of Queensland Statute No. 5 (Awards) 1999 • University of Queensland Statute No. 6 (Fees) 1999 (2) Despite the Statutory Instruments Act 1992, section 54, each statute— (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. Division 4 Transitional provisions for University Legislation Amendment Act 2017 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. 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)— (a) section 20A(2) and (3)(a); (b) schedule 2, definition elected member. 75 Repeal of university statutes (1) This section applies to a university statute made under previous section 52 that was in force immediately before the commencement. (2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed. Schedule 1 Control of traffic and conduct on university land Part 1 Authorised persons 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. 2 Limitation of authorised person's powers (1) The powers of an authorised person may be limited— (a) under a condition of appointment; or (b) by notice of the vice-chancellor given to the authorised person. (2) Notice under subsection (1)(b) may be given orally, but must be confirmed in writing as soon as possible. 3 Terms of appointment (1) An authorised person holds office on the conditions stated in the instrument of appointment. (2) An authorised person— (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. 4 Identity cards (1) The vice-chancellor must issue an identity card to each authorised person. (2) The identity card must— (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. (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. 5 Proof of authority (1) An authorised person may exercise a power under this Act in relation to someone else only if the authorised person— (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. (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. (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). Part 2 Traffic control 6 Persons authorised to control traffic on university's land (1) An authorised person may control traffic on the university's land and, for this purpose, may give directions to persons on the land. (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. 7 Regulatory notice (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— (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. (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. (3) A regulatory notice— (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. (4) Without limiting subsection (1), the university may erect and display regulatory notices in the form of official traffic signs. (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. (6) A regulatory notice erected or displayed under this section must be easily visible to passers-by. 8 Information notices (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. (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. (3) An information notice may contain any other information the vice-chancellor considers appropriate. (4) An information notice erected or displayed under this section must be easily visible to passers-by. (5) In this section— regulatory notice does not include an official traffic sign. 9 Removal and detention of illegally parked or abandoned vehicles (1) An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds— (a) is parked in contravention of a regulatory notice; or (b) is abandoned. (2) The vehicle must be held at a safe place. (3) An authorised person may exercise the powers given under subsection (1)(a) only if— (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. (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. (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. (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. (7) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle. 10 Disposal of unclaimed vehicles (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). (2) After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction. (3) The notice must— (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. (4) Compensation is not recoverable against the university for the sale of a vehicle under this section. (5) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle. 11 Application of proceeds of sale (1) The proceeds of the sale must be applied in the following order— (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. (2) Compensation is not recoverable against the university for a payment under this section. Part 3 Conduct on university land 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. 13 Power to deal with persons causing a public nuisance (1) This section applies if an authorised person— (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. (2) The authorised person may direct the person to leave the university's land or a part of the university's land. (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. Schedule 2 Dictionary academic board means the academic board of the university. academic staff, of the university, means— (a) the university's teaching and research staff, other than research assistants; and (b) staff of the university whose instrument of appointment by the senate states they are members of the academic staff. additional member means a member of the senate appointed under section 16. appointed member means a member of the senate appointed under section 14. authorised person means a person holding office as an authorised person because of an appointment under schedule 1, section 1. chancellor means the chancellor of the university. commencement, for part 8, division 2, see section 61. conduct obligation, in relation to a member, means an obligation that— (a) is stated in the university's approved code of conduct under the Public Sector Ethics Act 1994; and (b) must be complied with by the member. conviction means a conviction other than a spent conviction. deputy chancellor means the deputy chancellor of the university. designated purpose see section 37. donor's purpose see section 37. elected member means a member elected at a senate election. election policy see section 26AA(1)(a). eligible person, for a class of elected members mentioned in section 15(2)(a) to (f), means a person who is— (a) for the class mentioned in section 15(2)(a)—a member of the academic board; or (b) for the class mentioned in section 15(2)(b)—a member of the academic staff of the university; or (c) for the class mentioned in section 15(2)(c)—a member of the general staff of the university; or (d) for the class mentioned in section 15(2)(d)—an undergraduate student; or (e) for the class mentioned in section 15(2)(e)—a postgraduate student; or (f) for the class mentioned in section 15(2)(f)—a graduate of the university. general staff, of the university, means staff of the university, other than academic staff. graduate, of the university, means a person awarded a degree, diploma or certificate of the university or the former Queensland Agricultural College. higher education award see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5. land, of the university, means land and buildings owned by or under the control of the university. member means a member of the senate. new additional members, for part 8, division 2, see section 61. new appointed members, for part 8, division 2, see section 61. nomination requirements means requirements for eligibility to be nominated as a candidate in a senate election. notice means written notice. official member means a person who is an official member of the senate under section 13. official traffic sign has the meaning given by the Transport Operations (Road Use Management) Act 1995. owner, of a vehicle, includes the person registered as the owner of the vehicle under— (a) the Transport Operations (Road Use Management) Act 1995; or (b) the corresponding law of another State or a Territory. postgraduate student means a student enrolled in a course or program leading to the award of a postgraduate certificate or diploma, or a master's or doctoral degree, of the university. pre-amended Act, for part 8, division 2, see section 61. president means the president of the academic board. regulatory notice see schedule 1, section 7. requirement, of a regulatory notice, includes a direction on the notice. senate means the senate of the university. senate election means an election held under part 2, division 3A. staff association means the industrial union or other entity that represents members of the academic staff on industrial matters. State land means land— (a) granted in trust, or reserved and set apart for a purpose, under the Land Act 1994; and (b) vested in or placed under the control of the university. student means a student enrolled in the university. undergraduate student means a student other than a postgraduate student. union means the entity called 'University of Queensland Union'. university means The University of Queensland. vehicle has the meaning given by the Transport Operations (Road Use Management) Act 1995. vice-chancellor means the vice-chancellor of the university.