Queensland SUNSHINE COAST UNIVERSITY COLLEGE BILL 1994 Queensland oh SUNSHINE COAST UNIVERSITY COLLEGE BILL 1994 TABLE OF PROVISIONS Section Page BW NY 111416 PART 1—PRELIMINARY Short title 2.2... eee eee 8 Commencement ........ 0.0.6 c ccna 8 Definitions 2.0... 0... cece eee eee 8 Meaning of "academic staff"... 6.6.6... eee eee 10 PART 2—THE COLLEGE AND ITS COUNCIL Division 1—College establishment and general functions and powers The College 2.6... ccc cence e nena ees 10 Functions of College ..... 0.0.02. eee eee ee 11 General powers of College ......... 0... cee eee eee 12 Division 2—Council establishment and general functions and powers The Council ....... 0... eee 12 Functions of Council... 2.0.0... eee eee 12 Powers of Council ......... 0... eee eee 12 Way Council must act... 66... ieee 13 Delegation .. 0.2... ccc eet e enn aees 13 Division 3—Council composition and members Membership of Council ..... 0.6... 6.0.0. cece eee 13 Official members .. 1.0... eee eee ee 14 Appointed members ......... 0.0.00 eee eee ee 14 Elected members ........ 0.00.0 14 When Council is taken to be properly constituted .................... 15 Sunshine Coast University College 1921232527 293234 363840 4l 43 Additional members... 2.2.0... eee ee Appointed members' term of office ........... 0.0.0.0... 00 e eee eee Elected members' term of office .......... 000.000.0000 cece eee eee Additional members' term of office. ............ 000.0000 22 c eee eee Limit on consecutive terms of office. .............. 0.000002 cee eee Failure to elect or appoint elected members.................0...0000. Person may act as appointed, elected or additional member ........... Casual vacancies... 6... 2. ee eee eee Eligibility for membership of Council ..........00....... 0000000000, Vacation of office 2.0.2... eee eee Division 4—Meetings of the Council Who is to preside at meetings of the Council. ...................000.. Conduct of meetings ......... 0... cee eee eee PART 3—CERTAIN OFFICERS OF THE COLLEGE Chancellor 2.0... 2... cece ccc netett een n aes Deputy Chancellor... 2.0.0... 0c eee eee Vice-Chancellor... 2.0... eee ete ett Acting Vice-Chancellor... 0.0.0.0... eee eee eee PART 4—BODIES CONNECTED WITH THE COLLEGE Division 1—College affiliated with Queensland University of Technology Affiliation with QUT 2.2.0... cence tenes Agreement about affiliation ........... 0.000.000... eee eee Affiliation purposes 2... 0.0.0... eee eee College may offer facilities for QUT staff and students................ Management of College funds ............ 00.00.0000. 2c Resolution of difficulties ......... 0.6.0. Division 2—Convocation Convocation... 0... eect ene e nee eee nee The Union... 0.2... cect nett eee e eee eens Composition... 0.0.00... ee eee eee ee Sunshine Coast University College 4547 49515355 57 596163 65 68 DS) [a 23 Union is not Council's employee or agent................0...002000. 24 General powers... 0.002 24 Constitution 2.6.6... eee teen eees 24 PART 5—PROPERTY AND FINANCE Division 1—Property held on trust or conditions Amendment of terms of trusts and gifts. ............0....0..0000.00. 24 Selection of designated purpose ............ 0.00 cece eee 25 Approval of proposed scheme ..... 6... eee eee 25 Property to be held for designated purpose ...............0000 eee eee 25 Certain persons to be given notice of scheme's approval .............. 26 Amendment of approved scheme... ........ 5... c eee eee eee eee 26 This Division does not limit College's powers under other laws......... 26 College may carry out conditions of gift etc. .............. 0. eee ee eee 26 Division 2—Dealing with State land by Council Application of Land Act 1962............ 060. e eee 26 College may grant lease over State land............... 00-0. e ee eee ee 27 Division 3—Finance Trust funds 2.2.2... 00. eee eee eee 27 Powers of investment ..... 0.0.0.2 eee eee 27 Investment of amounts ......... 0.00... eee eee eee 28 Application of revenue ........ 0.00. cece eee 28 Financial accommodation ........... 000000. eee eee 29 College is statutory body under the Statutory Bodies Financial Arrangements Act 1982.00... 0... ccc cece eee tee t tte eee 29 Financial review ....... 0... ce eee tee e nett nee 29 College is statutory body under the Financial Administration and Audit Act 1977 2.0... nee nett teens 30 College's financial year ....... 0... occ eee eee ees 30 PART 6—COLLEGE STATUTES College statutes... 6.0.6... c ec e ene 30 College statute's status... 0.6.6... 31 College statutes affecting Union ............. 0... e cece eee ee 31 Sunshine Coast University College 72 2B767880 82 8486 889092 College rules 1.2... cient ete eens 31 PART 7—CONTROL OF TRAFFIC AND CONDUCT ON COLLEGE LAND Division 1—Authorised persons and security officers Appointment of authorised persons and security officers............... 32 Terms of appointment ...... 2... cee 32 Identity cards 1.2... teen eens 33 Proof of authority... 0.0.6.6... cece tte teens 33 Division 2—Traffic control Persons authorised to control traffic on College's land ................ 34 Regulatory notice... 6.6.6... eee eet tet e eee 34 Information notices ......... 6. cece eee nee ees 35 Removal and detention of illegally parked or abandoned vehicles ....... 35 Disposal of unclaimed vehicles ........... 0.000 c cece eee eee eee 36 Application of proceeds of sale... 2... 0... cece cece 37 Division 3—Conduct on College's land Conduct causing a public nuisance ............ 0... e cece eee eee ees 37 Power to deal with persons causing a public nuisance................. 37 PART 8—MISCELLANEOUS Forming and taking part in corporations .............. 00. cee e eee eee 38 Use of facilities and staff ...... 0.0.66. 39 College to be treated as a university ........ 0.0... cece eee eee ees 39 Review of Act 2.2.0... ccc ect eneteett ene nee ees 39 PART 9—SPECIAL ARRANGEMENTS ABOUT ESTABLISHMENT OF THE COLLEGE Division 1—First Council First Council... 0.0.6... eens 40 Appointment of other members of first Council ...................05. 40 Failure to appoint members .......... 0.000000. 0 2c eee 41 When first Council is taken to be properly constituted ................ 41 Acting members... 2.0... 0. eee eee 41 Casual vacancies ...... 0.6.66 c cece eee 42 Eligibility for membership of first Council ................0..000000. 42 Sunshine Coast University College 9598100 Vacation of office 2.0.2... eee eee 42 First Council's functions ..........00. 0.00 43 Cessation of first Council ........ 0.0.0.0 eee 43 Division 2—Other special arrangements Planning President ...........0 0... eee eee eee 44 Planning President's functions ............ 00.0.0... 0000 cece eee eee 44 Delegation by Planning President .......................0 0002 eee ee 44 Acting Planning President............. 0.000.000 cece eee eee eee 44 Cessation of office... 0.6... eee eee eee 45 A BILL FOR An Act to establish the Sunshine Coast University College, and for related purposes Sunshine Coast University College The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title Clause1. This Act may be cited as the Sunshine Coast University College Act 1994. Commencement Clause2.(1) This Act (other than Part 2, Division 3, and Part 4, Divisions 2 and 3) commences on | July 1994. (2) Part 4, Divisions 2 and 3 commence on | January 1996. (3) Part 2, Division 3 commences on | July 1996. (4) However, a proclamation made before— (a) 1 January 1996—may fix a day earlier than 1 January 1996 for the commencement of Part 4, Divisions 2 and 3; and (b) 1 July 1996—may fix a day later than 1 July 1996 for the commencement of Part 2, Division 3. (5) Section 1SDA of the Acts Interpretation Act 1954 does not apply to this Act. Definitions Clause3. In this Act— "academic staff" of the College has the meaning given by section 4; "additional member" means a member of the Council appointed under section 18; "appointed member" means a member of the Council appointed under section 15; "authorised person" means a person holding office as an authorised 1922 24 Sunshine Coast University College person because of an appointment under section 71; "Chancellor" means the Chancellor of the College; "College" means the Sunshine Coast University College; "College rules" means College rules made under section 70; "College statute" means a College statute made under section 67; "Convocation" means the Convocation of the College; "Council" means the Council of the College; "Deputy Chancellor" means the Deputy Chancellor of the College; "elected member" means a member of the Council elected or appointed under section 16; "general staff" means staff (other than academic staff) of the College; "higher education" has the meaning given by the Higher Education (General Provisions) Act 1993; "higher education award" has the meaning given by the Higher Education (General Provisions) Act 1993; "land" of the College means land and buildings owned by or under the control of the College; "member" means a member of the Council; "official member" means a person who is an official member of the Council under section 14; "official traffic sign" has the meaning given by the Traffic Act 1949, "owner" of a vehicle includes the person registered as the owner of the vehicle under— (a) the Transport Infrastructure (Roads) Act 1991; or (b) the corresponding law of another State or a Territory; "Planning President" means the Planning President of the College; "property", in Part 5, Division 1, includes income from the property and a part or residue of the property; "QUT" means the Queensland University of Technology; coo mM ND HW FW NY eS an ion' wn = ee AR ee Na Co Ne cow N pan NN wh N NN nan wn NN on N \o Sunshine Coast University College "requirement" of a regulatory notice includes— (a) adirection on a regulatory notice; and (b) adirection, indication or requirement, declared by College statute as being a requirement of the notice; "security officer" means a person holding office as a security officer because of an appointment under section 71; "State land" means land— (a) granted in trust, or reserved and set apart for a purpose, under the Land Act 1962; and (b) vested in or placed under the control of the College; "student" means a student enrolled in the College; "Union" means the Sunshine Coast University College Student Union; "vehicle" has the meaning given by the Traffic Act 1949; "Vice-Chancellor" means the Vice-Chancellor of the College. Meaning of "academic staff" Clause4, The "academic staff" of the College consist of— (a) the College's teaching and research staff; and (b) staff of the College whose instrument of appointment by the Council states that they are members of the College's academic staff. PART 2—THE COLLEGE AND ITS COUNCIL Division 1—College establishment and general functions and powers The College Clause5.(1) The Sunshine Coast University College is established. Co YN AW BW N a Rw NY KF S&S 1618 24 Sunshine Coast University College (2) The College— (a) (b) (c) is a corporation; and has a seal; and may sue and be sued in its corporate name. Functions of College Clause6. The College's functions are— (a) (b) (c) (d) (ec) (f) (g) (h) (i) to provide education at university standard; and to provide facilities for study and research generally and, in particular, about matters of particular importance to the people of the region served by the College (the "region"); and to encourage, by study, research and in other ways, the advancement and development of knowledge and the practica! application of knowledge to government, industry, commerce and the community; and to provide courses of study or instruction (at the levels o achievement the Council considers appropriate) to meet the needs of the region; and to confer higher education awards; and to disseminate knowledge and promote scholarship; and to provide facilities and resources for the wellbeing of the College's staff and students; and to exploit commercially, for the College's benefit, a facility or resource of the College, including study, research or knowledge, or the practical application of study, research or knowledge, belonging to the College, whether alone or with someone else; and to perform other functions given to the College under this or another Act. BR WwW NY ont nwn 1214 1619 21 2326 28 Sunshine Coast University College General powers of College Clause7.(1) The College 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 supp ies; and (f) do anything else necessary or convenient to be done for, or in connection with, its functions. (2) Without imiting subsection (1), the College has the powers given to it under this or another Act. (3) The College may exercise its powers inside or outside Queensland. (4) Without imiting subsection (3), the College may exercise its powers outside Australia. Division 2—Council establishment and general functions and powers The Council Clause8. There is a Council of the College. Functions of Council Clause9.(1) The Council is the College's governing body. (2) The Council has the functions conferred on it under this or another Act. Powers of Council Clause10.(1) The Council may do anything necessary to be done for, or in connection with, its functions. BPO COM NIN DAW BF wWNnN Le il oon wn os eR num 19 21 23 26 Sunshine Coast University College (2) Without limiting subsection (1), the Council has the powers given to it under this or another Act and, in particular— (a) to appoint the College's staff; and (b) to manage and control the College's affairs and property; and (c) to manage and control the College's finances. Way Council must act Clause11. The Council must act in the way that appears to it to most likely promote the interests of the College. Delegation Clause12.(1) The Council may delegate its powers under this Act to— (a) amember of the Council; or (b) acommittee of the Council; or (c) amember of the College's staff. (2) However, the Council may not delegate its power— (a) to make College statutes or College rules; or (b) to adopt the College's annual budget; or (c) to approve spending of funds available to the College by way of bequest, donation or special grant. Division 3—Council composition and members! Membership of Council Clause13.(1) The Council consists of official members, appointed members 1 This Division does not apply to the constitution of the first Council and, because of this, it does not commence until 1 July 1996 or later (section 2). The first Council is constituted under Part 9, Division 1. nA BF WwW Ne 1131518 21 Sunshine Coast University College and elected members. (2) The Council may also include additional members. Official members Clause14.(1) There are 3 official members. (2) The (a) (b) (c) the chief executive of the department or the chief executive's Appointe official members are— the Chancellor; and the Vice-Chancellor; and nominee. d members Clause15.(1) There are 8 appointed members. (2) The Governor in Council is to appoint the appointed members. Elected members Clause16.(1) There are 8 elected members. (2) The (a) (b) elected members are— 3 members of the College's academic staff; and 1 member of the College's full-time general staff; and (c) 2 members of the student body; and (d) 2 members of the Convocation (other than persons mentioned in (3) The paragraph (a), (b) or (c)). elected members mentioned in subsection (2)(a), (b) or (d) are to be elected by a ballot at which all the members of the entity to which the members (4) The belong may vote. elected members mentioned in subsection (2)(c) are to be elected by a ballot at which all the College's students may vote. (5) Des pite subsection (3), the Council may authorise the Convocation to Co nN DW Bw 11141618 20 2225 Sunshine Coast University College appoint the members mentioned in subsection (2)(d) rather than the members being elected by the members of the Convocation. When Council is taken to be properly constituted Clause17. The Council is taken to be properly constituted when it has 10 or more members. Additional members Clause18.(1) There may be 2 additional members. (2) The Council may appoint the additional members. (3) An additional member must not be— (a) amember of the College's academic or full-time general staff; or (b) a student. Appointed members' term of office Clause19. An appointed member is to be appointed for a term of not more than 3 years. Elected members' term of office Clause20.(1) An elected member holds office for 3 years. (2) An elected member's term of office starts on the later of — (a) if the member is re-elected or reappointed—the day after 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. Additional members' term of office Clause21. The appointment of an additional member is to be for a term of not more than 3 years decided by the Council. Ne Nowe ES Mon 11 14 1619 21 24 Sunshine Coast University College Limit on consecutive terms of office Clause22. Without the Minister's previous approval, a person must not be elected or appointed to serve more than 2 consecutive terms of office as— (a) an appointed or additional member; or (b) an elected member of the same type. Failure to elect or appoint elected members Clause23.(1) If an entity permitted to elect or appoint elected members fails to elect or appoint any or enough persons as elected members by a day fixed by the Council by written notice given to the entity, the Minister may appoint to the Council as many members of the entity as necessary to satisfy section 16. (2) A person appointed under subsection (1) is taken to have been elected or appointed by the entity under section 16. (3) This section applies to the periodic election or appointment of members and an election or appointment required because of a casual vacancy. Person may act as appointed, elected or additional member Clause24.(1) The Governor in Council may appoint a person to act as an appointed member during any period, or during all periods, when the member is absent from the State or, for another reason, cannot perform the functions of the office. (2) The Council may appoint a person to act as an additional member during any period, or during all periods, when the member is absent from the State or, for another reason, cannot perform the functions of the office. (3) An entity permitted to elect or appoint elected members may appoint a person to act as | of the elected members during any period, or during all periods, when the member is absent from the State or, for another reason, cannot perform the functions of the office. nan FF WN 1921 232628 Sunshine Coast University College Casual vacancies Clause25.(1) If a vacancy happens in the office of an appointed member, someone else may be appointed a member by the Governor in Council. (2) If a vacancy happens in the office of an elected member appointed by the Convocation, another eligible member of the Convocation may be elected or appointed a member of the Council. (3) Ifa vacancy happens in the office of another elected member, another eligible person may be elected by the entity concerned to fill the vacancy. (4) A person appointed or elected to fill a vacancy is appointed or elected for the balance of the term of office of the member's predecessor. Eligibility for membership of Council Clause26. A person is not eligible to become an elected, appointed or additional member if— (a) the person is bankrupt or is otherwise taking advantage of the laws in force about bankruptcy; or (b) the person has been found guilty of an indictable offence. Vacation of office Clause27.(1) The office of an elected, appointed or additional member becomes vacant if— (a) the member dies; or (b) for an elected or additional member—the member ceases to be eligible to become a member of the type concerned; or (c) the member is absent without the Council's leave and without reasonable excuse from every meeting of the Council in a period of 6 months; or (d) the member becomes an official member; or (e) the member resigns from office by signed notice— (i) if the member is an appointed member—given to the Minister; or SCO ONIN AWHR WH LY e 13 15 19 22 2427 29 Sunshine Coast University College (11) if the member is an elected or additional member—given to the Vice-Chancellor. (2) 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 specified in the notice, the later day. Division 4—Meetings of the Council Who is to preside at meetings of the Council Clause28.(1) The Chancellor must preside at meetings of the Council. (2) If the Chancellor and the Deputy Chancellor are both absent from a meeting of the Council or the offices are vacant, the members present must elect a member to preside at the meeting. Quorum Clause29. A quorum exists at a meeting of the Council if at least half the members are present. Conduct of meetings Clause30. The Council may otherwise regulate its proceedings as it considers appropriate. PART 3—CERTAIN OFFICERS OF THE COLLEGE Chancellor Clause31.(1) There is a Chancellor of the College. (2) The Council must elect a Chancellor whenever there is a vacancy in the office. (3) The Chancellor need not be a member. ABW Ne 11 14 17 20 22 Sunshine Coast University College (4) The Chancellor holds office for the period fixed by the Council. (5) The period must not be longer than 5 years. Deputy Chancellor Clause32.(1) There is a Deputy Chancellor of the College. (2) The Council must elect a member as Deputy Chancellor whenever there is a vacancy in the office. (3) The Deputy Chancellor holds office for 1 year. (4) The Deputy Chancellor is to act as Chancellor— (a) when there is a vacancy in the office; and (b) while the Chancellor is absent from the State or, for another reason, cannot perform the functions of the office. Vice-Chancellor Clause33.(1) There is a Vice-Chancellor of the College. (2) The Council must appoint a Vice-Chancellor whenever there is a vacancy in the office. (3) The terms of appointment are as decided by the Council. (4) The appointment, and the terms of appointment, are of no effect unless approved by the Governor in Council. (5) The Vice-Chancellor is the chief executive officer of the College and may exercise the powers and perform the functions conferred on the Vice-Chancellor by this or another Act or the Council. (6) The Vice-Chancellor may delegate powers of the Vice-Chancellor under this or another Act to a member of the College's staff. Acting Vice-Chancellor Clause34, The Council may appoint a person to act as Vice-Chancellor— (a) during any vacancy, or during all vacancies, in the office; and (b) during any period, or during all periods, when the Ko 0 ON DAN BF WwW ee on wieN Ree ns e a ile' on Nwpore EH So NN wh 26Sunshine Coast University College Vice-Chancellor is absent from the State or, for another reason, cannot perform the functions of the office. PART 4—BODIES CONNECTED WITH THE COLLEGE Division 1—College affiliated with Queensland University of Technology Affiliation with QUT Clause35. The College is affiliated with QUT. Agreement about affiliation Clause36.(1) As soon as possible after the commencement of this section, the College and QUT must enter into an agreement (the "affiliation agreement") about the way the affiliation will operate. (2) Apart from matters mentioned in this Part, the affiliation agreement may specify terms for the supply by QUT of academic and administrative services for the College. Affiliation purposes Clause37.(1) A purpose of the affiliation is— (a) to meet Commonwealth requirements for access to funds under the Commonwealth's Unified National System of Higher Education; and (b) to enable QUT to negotiate for the College with the Commonwealth about the College's educational profile and funding. (2) QUT must allow 2 persons nominated by the Council to take part in negotiations with the Commonwealth about the College's educational profile and funding. 11 1316 182124Sunshine Coast University College (3) QUT must not agree to the College's educational profile or funding without the Council's approval. (4) Apart from negotiating with the Commonwealth for the College, QUT must help the College become a provider of higher education in the region served by the College. (5) The ways in which QUT may help the College include— (a) by providing general academic quality assurance for the College in the way agreed between it and the College, including, for example— (i) contributing to the development by the College of quality teaching programs, whether by the College alone or jointly with QUT; and (11) promoting and helping in the teaching and supervision of students of the College and QUT; and (111) promoting and encouraging appropriate research among students and staff of the College and QUT; and (iv) in areas of common interest, promoting a cooperative teaching and research effort between the College's and QUT's staff; and (v) helping the College in the selection of senior staff of the College; and (b) by making teaching and research facilities available at QUT for the College's staff; and (c) by making study and research facilities available at QUT for the College's students. (6) The facilities mentioned in subsection (5)(b) and (c) are to be made available under an agreement between the Vice-Chancellor of QUT and the Vice-Chancellor of the College. (7) QUT must bear the cost of making the facilities available unless the agreement otherwise provides. oN DA ARW NE \o RP Re NRO eile' Rw eR num Ree Re 'oon NN re Oo NN wh NN ns NNW ona wn ow Sunshine Coast University College College may offer facilities for QUT staff and students Clause38.(1) As part of the affiliation, the Vice-Chancellor may agree with the Vice-Chancellor of QUT— (a) to make teaching and research facilities available at the College for staff of QUT; and (b) to make study and research facilities available at the College for students of QUT. (2) The College must bear the cost of making the facilities available unless the agreement otherwise provides. Management of College funds Clause39. QUT must pay into a separate fund kept for the purpose— (a) amounts the Commonwealth pays to QUT for the College; and (b) amounts agreed between the State and QUT. Resolution of difficulties Clause40.(1) If a dispute about any aspect of the affiliation cannot be resolved between QUT and the College, either party may ask the Minister to resolve the dispute. (2) QUT and the College must give effect to the Minister's decision. Division 2—Convocatior? Convocation Clause41.(1) A Convocation of the College is established. (2) The Council is to decide the membership of the Convocation by College statute. (3) The Council is to decide— 2 This Division commences on | January 1996 (section 2(2)) unless an earlier day is fixed under section 2(4)(a). CO AD AHR WY 1113 1621 23 Sunshine Coast University College (a) how meetings of the Convocation are to be called; and (b) how the Convocation is to conduct its proceedings; and (c) if and how members of the Convocation are to be appointed as members of the Council; and (d) the quorum of a meeting of the Convocation; and (e) the powers and functions of the Convocation. Division 3—The Union3 The Union Clause42.(1) The Sunshine Coast University College Student Union is established. (2) The Union— (a) is acorporation with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. Composition Clause43. The persons who are eligible to be members of the Union are— (a) students; and (b) persons eligible for membership under the Union's constitution. Role Clause44.(1) The Union has the role and powers specified in its constitution. (2) The Union also has the role and powers decided by the Council. 3 This Division commences on | January 1996 (section 2(2)) unless an earlier day is fixed under section 2(4)(a). Hn nn fw N 1131618 20Sunshine Coast University College Union is not Council's employee or agent Clause45. The Union is not the employee or agent of the Council merely because of section 44. General powers Clause46. Without limiting section 44, the Union has all the powers of an individual and may for example acquire, hold and dispose of, or deal with, property. Constitution Clause47.(1) The Union must have a written constitution. (2) The Union's constitution, and each amendment of the constitution, must be submitted to the Council for its approval. (3) The constitution or amendment has no effect until approved by the Council. PART 5—PROPERTY AND FINANCE Division 1—Property held on trust or conditions Amendment of terms of trusts and gifts Clause48. 1f— (a) property is held by the College on terms requiring the property to be used for a particular purpose (the "donor's purpose"); and (b) either— (i) inthe Council's opinion, the donor's purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or w NAN 11 13 17 19 2123 Sunshine Coast University College (C) has been adequately provided for in another way; or (D) is uncertain, cannot be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or (11) the property is inadequate for the purpose; the Council may devise a scheme (the "proposed scheme") for the use of the property for another purpose (the "designated purpose"). Selection of designated purpose Clause49.(1) In selecting the designated purpose, the Council 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 proposed scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1). Approval of proposed scheme Clause50.(1) A proposed scheme is of no effect until it is approved by the Governor in Council and the approval is notified in the Gazette. (2) The Governor in Council may modify the proposed scheme before approving it. (3) On approval, the proposed scheme becomes an approved scheme. (4) The College must give a copy of the approved scheme to anybody who requests it. (5) The copy must be given free of charge. Property to be held for designated purpose Clause51. Property to which the approved scheme applies is to be held by eA HD ns Wn 11 13 1519 21 24 27 Sunshine Coast University College the College for the property's designated purpose instead of the donor's purpose. Certain persons to be given notice of scheme's approval Clause52. If the approved scheme applies to land, the College must, within 1 month of notification of the scheme's approval in the Gazette under section 50, give a copy of the approved scheme to the person responsible for keeping a register of interests in the land. Amendment of approved scheme Clause53.(1) The Council may amend the approved scheme. (2) Sections 48 to 52 apply to the amendment of the approved scheme in the same way as they apply to the original approved scheme. (3) For the purpose of applying the sections, a reference to the donor's purpose is taken to be a reference to the designated purpose of the approved scheme that is to be amended. This Division does not limit College's powers under other laws Clause54. This Division does not, by implication, limit the College's powers and rights under any other law about property held on trust by the College. College may carry out conditions of gift etc. Clause55. The College may agree to and carry out any conditions of a gift, grant, bequest, devise or other way by which it takes or acquires any property. Division 2—Dealing with State land by Council Application of Land Act 1962 Clause56. Subject to section 57, State land is held and may be disposed of under the Land Act 1962. Ne NYDN WwW 11 13172126 Sunshine Coast University College College may grant lease over State land Clause57.(1) The College may only grant an interest in State land by way of lease. (2) The lease must— (a) be for a term of not more than 20 years; and (b) not contain a covenant, agreement or option for the renewal of the ease or the purchase of the land; and (c) be for the highest annual rent that can reasonably be obtained without taking a fine, premium or other consideration for the grant of the lease and having regard to the purpose for which the and is to be used. Division 3—Finance Trust funds Clause58. The College may establish or administer trust funds. Powers of investment Clause59.(1) The College may establish an investment common fund for the collective investment of trust funds or other amounts held by the College. (2) The College may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust. (3) The College 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), 1f a component fund consists of an amount received for use for a stated purpose and the amount cannot 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 College if the income is not needed immediately for the stated rFrOoOmA ND UV fF WN ee a N 14 1720 2224 2628Sunshine Coast University College purpose. (5) Despite subsection (3), the College 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. Investment of amounts Clause60.(1) The College may invest amounts held by the College (including trust funds) only in authorised trustee investments. (2) Subsection (1) does not authorise the investment of trust funds or other amounts— (a) ina way that is contrary to the instrument creating the trust; or (b) ina way that is a breach of a condition under which the funds or amounts were acquired. (3) Ifan amount is held by the College subject to a condition, this section does not prevent the College holding or dealing with the amount under the condition. Application of revenue Clause61.(1) Subject to the terms of a relevant trust, amounts received by the College from any source are to be applied solely to College purposes. (2) To remove any doubt, each of the following purposes is a College purpose— (a) enabling a student or staff member, or former student or staff member, of the College to undertake study or research at the College or elsewhere; (b) the advancement of learning generally; (c) helping a body affiliated or associated with the College. NAN Bw N 12 15 1721 23 26 28 Sunshine Coast University College Financial accommodation Clause62.(1) The College may, with the approval of the Governor in Council, obtain advances— (a) bya loan from the Treasurer; or (b) bya loan or overdraft from a financial institution; or (c) bya loan from someone else. (2) The College must obtain the Treasurer's approval before entering into negotiations with a person mentioned in subsection (1)(b) or (c). (3) A loan under subsection (1)(c) is subject to the security, rate of interest and other terms being agreed to by the College and approved by the Governor in Council. College is statutory body under the Statutory Bodies Financial Arrangements Act 1982 Clause63. To remove any doubt, it is declared that the College is a statutory body under the Statutory Bodies Financial Arrangements Act 1982. Financial review Clause64.(1) The Council must, in each year, adopt a budget for the College for the next year. (2) In framing the budget the Council need not take account of amounts mentioned in subsection (4). (3) The Council must control its spending as nearly as possible within the limits of the approved budget. (4) The Council must carry out an annual review of — (a) amounts available, or expected to be available, to the College by way of bequest, donation or special grant; and (b) the spending of the amounts. FBFOoUDU ON DA WB WN YD ee 13 15 18 20 22 25 Sunshine Coast University College College is statutory body under the Financial Administration and Audit Act 1977 Clause65. To remove any doubt, it is declared that the College is a statutory body under the Financial Administration and Audit Act 1977. College's financial year Clause66. The College's financial year is a calendar year. PART 6—COLLEGE STATUTES College statutes Clause67.(1) The Council may make College statutes. (2) A College statute may only be made about— (a) the admission of students; and (b) the disciplining of students; and (c) the fees to be pai d— (i) for examinations; or (11) for attendance at lectures and classes of the College; or (11) for the use of the College's facilities; and (d) the membership (e) the conduct ofa of Convocation; and ballot for the election of elected members; and (f) the making and notifying of College rules; and (g) the ownership and exploitation of inventions and discoveries made by the Col (h) a direction, indic: (3) Without limiting su the Council or a member ege's staff or using its facilities; and ation or requirement for a regulatory notice. bsection (2)(b), a College statute may authorise of the College's staff to impose a penalty (not more than 10 penalty units) for a breach of a provision of a College statute Bw Ne Nn 113151719 21 24Sunshine Coast University College about the discipline of students and may provide for its recovery and enforcement. College statute's status Clause68. A College statute— (a) is subordinate legislation; and (b) is an exempt instrument under the Legislative Standards Act 1992. College statutes affecting Union Clause69.(1) A College statute affecting the Union's role or powers may be made only if the Council— (a) has given the Union a copy of the proposed statute at least 28 days before making it; and. (b) has considered the comments (if any) given to it by the Union under subsection (2). (2) The Union may give the Council written comments about the proposed College statute within 14 days of receiving the copy. (3) The Council may amend the proposed College statute to take account of any of the comments. (4) If the Council amends the proposed College statute to take account of any of the comments, it does not have to give the Union a copy of the proposed statute before making it. College rules Clause70.(1) The Council may make College rules under a College statute. (2) If a College rule is inconsistent with this Act or a College statute, the tule is invalid to the extent of the inconsistency. (3) A College rule— (a) must be notified in the way required by College statute; and (b) takes effect on the day of its notification or, if a later day or time ND NA BB wo 12 14 16 18 2023 25 27Sunshine Coast University College is fixed in the rule, on the day or at the time fixed. (4) On the day a College rule is notified under subsection (3)(a) or as soon as practicable after that day, copies of the rule must be available to be obtained (by purchase or otherwise) at the place, or at each of the places, specified in the notice. (5) Failure to comply with subsection (4) does not affect the validity of the notification under subsection (3)(a). PART 7—CONTROL OF TRAFFIC AND CONDUCT ON COLLEGE LAND Division 1—Authorised persons and security officers Appointment of authorised persons and security officers Clause71.(1) The Vice-Chancellor may, in writing, appoint a person who the Vice-Chancellor is satisfied has the necessary training, or knowledge and experience, to be an authorised person under this Act. (2) The Vice-Chancellor may, in writing, appoint a person who the Vice-Chancellor is satisfied has the necessary training, or knowledge and experience, to be a security officer under this Act. (3) A person may be appointed both an authorised person and a security officer. Terms of appointment Clause72.(1) An authorised person or security officer holds office on the conditions specified in the instrument of appointment. (2) An authorised person or security officer— (a) ifthe appointment provides for a term of appointment—ceases to hold office as an authorised person or security officer at the end AD APwWN 131619 22 25 Sunshine Coast University College of the term; and (b) may resign by signed notice given to the Vice-Chancellor. Identity cards Clause73.(1) The Vice-Chancellor must issue an identity card to each authorised person and security officer. (2) The identity card must— (a) contain a recent photograph of the authorised person or security officer; and (b) be ina form approved by the Vice-Chancellor; and (c) be signed by the authorised person or security officer. (3) A person who ceases to be an authorised person or security officer must, as soon as practicable, return the person's identity card to the Vice-Chancellor, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3)—10 penalty units. Proof of authority Clause74.(1) An authorised person or security officer may exercise a power under this Act in relation to someone else only if the person or officer— (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 or security officer 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 or security officer, the exercise of a power in relation to someone else by the authorised person or security officer is not invalid merely because of subsection (1). CO ANY HD nA PP Ww 1318 20 232628 Sunshine Coast University College Division 2—Traffic control Persons authorised to control traffic on College's land Clause75.(1) An authorised person may control traffic on the College'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. Regulatory notice Clause76.(1) The College may erect or display on, or at or near any vehicular entrance to, the College'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 College'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 specify 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 this Act and the penalty for the offence. (4) Without limiting subsection (1), the College 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 College. on rninanwn Bw WN 1113 15 17 19 2124 26 28Sunshine Coast University College (6) A regulatory notice erected or displayed under this section must be easily visible to passers by. Information notices Clause77.(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 College must erect or display at or near each vehicular entrance to the College'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. Removal and detention of illegally parked or abandoned vehicles Clause78.(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 College's land; and (b) the authorised person— ee ee WN HK SOCmrI DANA w Ree ns Se nN aw 20 2225 2729 Sunshine Coast University College (i) cannot immediately locate the driver of the vehicle; or (11) 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 College must give to the owner of the vehicle a written notice stating how the owner may recover the vehicle. (5) If the owner cannot be decided 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 College 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. Disposal of unclaimed vehicles Clause79.(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 78(4) or (5). (2) After publishing a notice in a newspaper circulating generally in the State, the College 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) specify how the owner may recover the vehicle before the auction; and (d) specify the time and place of the auction. (4) Compensation is not recoverable against the College for the sale of a vehicle under this section. (5) In this section— 1821 2326 29 Sunshine Coast University College "vehicle" includes a part of the vehicle and anything attached to, or contained in, the vehicle. Application of proceeds of sale Clause80.(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) in payment of any balance to the owner. (2) Compensation is not recoverable against the College for a payment under this section. Division 3—Conduct on College's land Conduct causing a public nuisance Clause81. A person must not be disorderly or create a disturbance on the College's land. Maximum penalty—20 penalty units. Power to deal with persons causing a public nuisance Clause82.(1) This section applies if a security officer— (a) finds the person contravening section 81; or (b) finds the person in circumstances that leads the security officer to suspect on reasonable grounds that the person has just contravened section 81; or (c) has information that leads the security officer to suspect on reasonable grounds that the person has just contravened section 81; or (d) reasonably believes, having regard to the way the person is behaving, that the person's presence may pose a threat to the Ne eo FBO © ON DA UB Ww a N 15 18212427 Sunshine Coast University College (f) safety of anyone else on or leaving the land; or has information that leads the security officer to believe, on reasonable grounds, the person's presence may pose a threat to the safety of anyone else on or leaving the land; or reasonably believes the person is on the land without lawful justification or excuse. (2) The security officer may direct the person to leave the College's land or a part of the College's land. (3) Ap erson must not fail to 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. Forming PART 8—MISCELLANEOUS and taking part in corporations Clause83.(1) The College may be a member of, form, take part in forming or manage a corporation whose objects include any of the following objects— (a) (b) (c) (d) (e) making available facilities for study, research or education; performing research, development, consultancy or other services for public or private entities; helping or engaging in the development or promotion of the College'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 audio visual material or computer software; exploiting commercially a facility or resource of the College, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed RwWN = ee EB owU ON AW a N 1620 2226 28Sunshine Coast University College by or belonging to the College, whether alone or with someone else ; (f) seeking or encouraging gifts to the College or for the College's purposes; (g) another object, consistent with this Act, that the Council considers is appropriate in the circumstances. (2) The College, or a corporation managed by the College or of which the College is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for the purpose of achieving the object. (3) This section does not limit the powers that the College has apart from this section. Use of facilities and staff Clause84.(1) The College may enter into a contract or other arrangement with an entity for the use of the College's facilities and staff. (2) This section does not limit the powers that the College has apart from this section. College to be treated as a university Clause85. The College is a university for the purposes of the Higher Education (General Provisions) Act 1993. Review of Act Clause86. The Minister must review the College's status and affiliation arrangements as soon as possible after 10 years from the commencement of this Act. aon nm RW Ne e ow ee NR 15 17 20 23Sunshine Coast University College PART 9—SPECIAL ARRANGEMENTS ABOUT ESTABLISHMENT OF THE COLLEGE Division 1—First Council First Council Clause87.(1) Until the Council is constituted under section 13, the Council (the "first Council") is to consist of— (a) the Chancellor; and (b) the Vice-Chancellor; and (c) the chief executive of the department or the chief executive's nominee; and (d) 3 members nominated by QUT and appointed by the Minister; and (e) 6 members appointed by the Governor in Council; and (f) 3 other members appointed under section 88. (2) The first Council may also appoint 2 members who are not persons mentioned in section 88(1)(a), (b) or (c). (3) The Planning President is a member of the first Council until the Vice-Chancellor takes office. Appointment of other members of first Council Clause88.(1) The first Council must appoint as members under section 87(1)(— (a) 1 member of the College's academic staff; and (b) 1 member of the College's full-time general staff; and (c) either— (i) astudent; or (11) an enrolled student of QUT who, in the Council's opinion, has an interest in the provision of higher education on the 21 2327 Sunshine Coast University College Sunshine Coast. (2) The appointments must be made as soon as possible after the first Council is constituted. (3) However, before the first Council appoints a member mentioned in subsection (1)(a), (b) or (c)(ii), the Council must consult with and have regard to the views of— (a) for the member mentioned in subsection (1)(a)—the College's academic staff and any entity representing the staff; and (b) for the member mentioned in subsection (1)(b)—the College's full-time general staff and any entity representing the staff; and (c) for the member mentioned in subsection (1)(c)(ii)—the Queensland University of Technology Student Guild. (4) Subsection (3) also applies to an appointment required because of a casual vacancy. Failure to appoint members Clause89.(1) If the first Council fails to appoint a member of the Council under section 88 by a day fixed by the Minister by written notice given to the Council, the Minister may appoint an eligible person as a member. (2) A person appointed under subsection (1) is taken to have been appointed by the first Council. (3) This section also applies to an appointment required because of a casual vacancy. When first Council is taken to be properly constituted Clause90. The first Council is taken to be properly constituted when it has 7 or more members. Acting members Clause91.(1) The Minister may appoint a person to act as a member mentioned in section 87(1)(d) during any period, or during all periods, when the member is absent from the State or, for another reason, cannot 1720 22 25 28Sunshine Coast University College perform the functions of the office. (2) The Governor in Council may appoint a person to act as a member mentioned in section 87(1)(e) during any period, or during all periods, when the member is absent from the State or, for another reason, cannot perform the functions of the office. (3) The first Council may appoint a person to act as a member mentioned in section 87(1)(f) or (2) during any period, or during all periods, when the member is absent from the State or, for another reason, cannot perform the functions of the office. Casual vacancies Clause92.(1) If a vacancy happens in the office of a member appointed by the Governor in Council, someone else may be appointed a member by the Governor in Council. (2) If a vacancy happens in the office of a member appointed by the Minister, another eligible person may be appointed a member by the Minister. (3) If a vacancy happens in the office of a member appointed by the first Council, another eligible person may be appointed a member by the Council. (4) A member appointed to fill a vacancy is appointed for the balance of the term of office of the member's predecessor. Eligibility for membership of first Council Clause93. A person is not eligible to become a member of the first Council mentioned in section 87(1)(d), (e) or (f) or (2) if— (a) the person is bankrupt or is otherwise taking advantage of the laws in force about bankruptcy; or (b) the person has been found guilty of an indictable offence. Vacation of office Clause94.(1) The office of a member of the first Council mentioned in OMNIND NAKRWN 12151821 24 26 29 Sunshine Coast University College section 87(1)(d), (e) or (f) or (2) becomes vacant if— (a) the member dies; or (b) for a member mentioned in section 87(1)(f)—the member ceases to be eligible to become a member of the type concerned; or (c) the member is absent without the Council's leave and without reasonable excuse from every meeting of the Council in a period of 6 months; or (d) the member resigns from office by signed notice— (i) if the member is appointed by the Minister or the Governor in Council—given to the Minister; or (11) if the member is appointed by the Council—given to the Vice-Chancellor. (2) 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 specified in the notice, the later day. First Council's functions Clause95.(1) Without limiting section 9, the first Council must ensure that all necessary steps are taken to enable a Council to be constituted under section 13 no later than— (a) if. day is fixed under section 2(4)(b)—that day; or (b) if paragraph (a) does not apply—1 July 1996. (2) The steps that must be taken under subsection (1) include holding elections to elect the elected members of the Council that are to be elected. Cessation of first Council Clause96.(1) The members of the first Council go out of office when section 13 commences. (2) However, the Chancellor and Vice-Chancellor do not cease to hold office merely because of subsection (1). 1821 23 26 28 Sunshine Coast University College Division 2—Other special arrangements Planning President Clause97.(1) There is a Planning President for the College. (2) The Council of QUT is to appoint a Planning President whenever there is a vacancy in the office. (3) The person appointed must be a member of QUT's staff. (4) The Planning President holds office on the terms decided by the Council of QUT. (5) The Planning President is seconded to the College but remains a member of QUT's staff. Planning President's functions Clause98. The Planning President has— (a) the functions and powers conferred on the Planning President by the Council; and (b) the functions and powers of the Vice-Chancellor. Delegation by Planning President Clause99. The Planning President may delegate the Planning President's powers under this or another Act to a staff member of the College. Acting Planning President Clause100. The Council may appoint a person to act as Planning President— (a) while there is a vacancy in the office; or (b) during any period, or during all periods, when the Planning President is absent from the State or, for another reason, cannot perform the functions of the office. SO ON DA WH WwW Bw e 12 14 18 21 24Sunshine Coast University College Cessation of office Clause101.(1) The Planning President goes out of office on whichever of 2 the following happens first— 3 (a) the Vice-Chancellor takes up office; 4 (b) section 13 commences; 5 (2) The going out of office under subsection (1)(a) does not create a 6 vacancy in the office. 7 Division 3—Expiry of Part 8 Expiry 9 Clause102. This Part expires when section 13 commences. 10 © State of Queensland 1994