Queensland UNIVERSITY OF QUEENSLAND BILL 1997 UNIVERSITY OF QUEENSLAND BILL TABLE OF PROVISIONS Section Page 11 131517 PART 1—PRELIMINARY Short title 20... ec eee e eee nee 6 Commencement .... 0.0.0.0... eee ccc eee cette 6 Definitions 2.2.00... eee ete ee teen eens 6 PART 2—THE UNIVERSITY AND ITS SENATE Division 1—University establishment and general functions and powers Establishment of university ....... 0... eee eee 7 Functions of university ....... 0.00. o cece eee ees 7 General powers of university... 0.0.0... cece eect eee ee 8 Division 2—Senate establishment and general functions and powers Establishment of senate... 2.0.0.0... eee eee eee 8 Functions of senate ........ 0... eee eee 8 Powers of senate ....... 0. eee 9 Senate to promote university's interests .......... 0.000. 9 Delegation .. 0.2... ccc eet e enn aees 9 Division 3—Senate membership Membership of senate ........... 6.0.6 c eee 9 Official members .. 1.0... eee eee ee 10 Appointed members ........ 0... eee eee 10 Elected members ........ 0.00.0 10 Additional members... 2.2.0... eee ee 12 When senate is taken to be properly constituted .................000. 12 University of Queensland 192123252831373941 Appointed member's term of office .............0.0.0. 0000s Elected member's term of office ......... 0.0.0.0... 0 0. cece eee ee Additional member's term of office. ............ 000.0000 eee eee Failure to elect or appoint elected members.................0...0000. Casual vacancies... 6... 2. ee eee eee Ineligibility for membership of senate..............0...000.000 0000. Vacation of office 2.0.2... eee eee Discretion where appointed member convicted of indictable offence .... Discretion where elected or additional member convicted of indictable offence ...... 00... eee cee eet eens Division 4—Meetings of the senate Who is to preside at meetings ........... 0.00.00... 0. eee eee Conduct of meetings ......... 0... cee eee eee PART 3—CERTAIN OFFICERS OF THE UNIVERSITY Chancellor ........ 0... eee eee eee Deputy chancellor ......... 0... eee eee Vice-chancellor ........ 0... cee eee PART 4—BODIES CONNECTED WITH THE UNIVERSITY Division 1—Convocation Establishment of convocation ..........0.. 0.000. c cee eee eee eee Division 2—Colleges Establishment of colleges... 0.2... 000.0. eee eee eee Division 3—Academic board Establishment of academic board.............. 00000000 eee eee eee PART 5—PROPERTY AND FINANCE Division 1—Property held on trust or conditions Definition for div 1.2.2.0... 0.0.0 c eee eee ee Amendment of terms of trusts and gifts. ............0....0..0000.00. Selection of designated purpose. .............0... 000.0 c eee eee eee Property to be held for designated purpose ...................000000. Certain persons to be given notice of scheme................0...020. Amendment of scheme .......... 0.0... c eee eee eee ete eens University of Queensland 43 485053565861636567 University's powers under other laws not limited. .................... University may carry out conditions of giftetc. ................00000. Division 2—Dealing with State land by senate Application of Land Act 1994.20.02... 0.0... cece eee eee Division 3—Finance University is statutory body under the Financial Administration and Audit Act 1977 2.0.0... cece cette ees University is statutory body under the Statutory Bodies Financial Arrangements Act 1982.00... 0... ccc cece eee tee t tte eee Trust funds 2.0... 2... cent tenes Investment common fund ........... 6... e cece eee eee ees Application of revenue ......... 0... eee Financial revieW «1.0.0... 6c eee eens University's financial year .... 0.0... PART 6—UNIVERSITY STATUTES Making of university statutes .......... 0.0.0.2 eee University statute's status... 2.2... eee eee University rules 2.0.0... eee PART 7—MISCELLANEOUS Forming and taking part in corporations ....................0000000. Use of facilities and staff ...... 0.0.66. Control of traffic and conduct on university land ..................... Regulation-making power. .........0.. 0... cece eee eee eee Repealed Act references... 0.0.0... 000s PART 8—REPEAL AND TRANSITIONAL Contracts 2.0.00 ee eee eee Proceedings ......... 0... eee eee Offices held under repealed Act.......... 0000.00.00. cee eee eee eee Membership of senate ..... 00.0... eee eee ee University of Queensland 6971 an & WN oO wmonnan 13 Staffs rights and entitlements ............. 0.0.0 00.0..000000 0000 University statutes and rules...... 20... 0. eee eee Convocation... 0... eect ene e nee eee nee SCHEDULE 1 ........................ CONTROL OF TRAFFIC AND CONDUCT ON UNIVERSITY LAND PART 1—AUTHORISED PERSONS Appointment... 0.0.0... eee eee Limitation of authorised person's powers ...........00... 00000 e eee Terms of appointment ......... 0.0... eee eee Identity cards .. 0... eee eee Proof of authority ........ 0.000022 eee eee PART 2—TRAFFIC CONTROL Persons authorised to control traffic on university's land............... Regulatory notice ..... 0... ee eee ee Information notices ......... 6. cece eee nee ees Removal and detention of illegally parked or abandoned vehicles....... Disposal of unclaimed vehicles ............0.00.... 0000 c ee eee eee Application of proceeds of sale ........ 0.0.0.2 eee PART 3—CONDUCT ON UNIVERSITY LAND Conduct causing a public nuisance ...........0.......0 0000s Power to deal with persons causing a public nuisance................. SCHEDULE 2 ........................ DICTIONARY A BILL FOR An Act about The University of Queensland sl 6 s3 University of Queensland The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the University of Queensland Act 1997. Commencement 2. This Act commences on a day to be fixed by proclamation. Definitions 3. The dictionary in schedule 2 defines particular words used in this Act.! 1 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act—Acts Interpretation Act 1954, section 14(4). Words defined elsewhere in the Act are generally signposted by entries in the dictionary. However, if a section has a definition applying only to the section, or a part of the section, it is generally not signposted by an entry in the dictionary and is generally set out in the last subsection of the section. Signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the Act and tell the reader where the definitions can be found. For example, the definition ' "designated purpose" see section 37.' tells the reader there is a definition of designated purpose in the section. s4 7 s5 University of Queensland PART 2—THE UNIVERSITY AND ITS SENATE Division 1—University establishment and general functions and powers Establishment of university 4.(1) A university called 'The University of Queensland' is established. (2) The university— (a) (b) (c) is a body corporate; and has a seal; and may sue and be sued in its corporate name. Functions of university 5. The university's functions are— (a) (b) (c) (d) (e) (f) (g) (h) to disseminate knowledge and promote scholarship; and to provide education at university standard; and to provide facilities for, and encourage, study and research; and to encourage the advancement and development of knowledge, and its application; and to provide courses of study or instruction (at the levels of achievement the senate considers appropriate) to meet the needs of the community; and to confer higher education awards; and to provide facilities and resources for the wellbeing of the university's staff, students and other persons undertaking courses at the university; and to exploit commercially, for the university's benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and oN DAD wn Bw 1113 15 172124 26 s6 8 s8 University of Queensland (i) to perform other functions given to the university under this or another Act. General powers of university 6.(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 Establishment of senate 7. There is a senate of the university. Functions of senate 8.(1) The senate is the university's governing body. (2) The senate has the functions conferred on it under this or another Act. BR WwW — ee ee WN §o © wmeAXA DW Ree ns e a ile' on 21 23 s9 9 $12 University of Queensland Powers of senate 9.(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. Senate to promote university's interests 10. The senate must act in the way that appears to it most likely to promote the university's interests. Delegation 11.(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 university statutes or rules; or (b) to adopt the university's annual budget; or (c) to approve spending of funds available to the university by way of bequest, donation or special grant. Division 3—Senate membership Membership of senate 12.(1) The senate consists of official members, appointed members and aon DN Uns Wn 11 1316 1820 22 25 $13 10 $15 University of Queensland elected members. (2) The senate may also include additional members. Official members 13.(1) There are 7 official members. (2) The official members are— (a) the vice-chancellor; and (b) the chief executive of the department or the chief executive's nominee; and (c) the president of the academic board; and (d) the president of the staff association; and (e) the president of the union; and (f) the Anglican Archbishop of Brisbane; and (g) the Roman Catholic Archbishop of Brisbane. (3) However, the president of the staff association is an official member only if elected to the office of president by a ballot at which all the members of the association may vote. (4) Also, the president of the union is an official member only if elected to the office of president by a ballot at which all the members of the union may vote. Appointed members 14.(1) There are 11 appointed members (2 of whom must be members of the Legislative Assembly). (2) The Governor in Council is to appoint the appointed members. Elected members 15.(1) There are 16 elected members. (2) The elected members are— CON DW Bw 1113 151822 26 s 15 11 s 15 University of Queensland (a) 1 member of the academic board; and (b) 3 members of the full-time graduate staff; and (c) member of the university's full-time staff, other than the full-time graduate staff; and (d) 2 students; and (e) 1 member of Queensland Churches Together; and (f) 8 members of the convocation (not more than 2 of whom may be members of the full-time academic staff). (3) Each elected to be elected by a ballot at which— (a) for ane (b) for ane (c) for ane full-time (d) for ane students (e) for ane members of the academic board may vote; or members of the full-time graduate staff may vote; or ected member mentioned in subsection (2)(a)—a ected member mentioned in subsection (2)(b)—a ected member mentioned in subsection (2)(c)—a members of the university's full-time staff, other than graduate staff, may vote; or ected member mentioned in subsection (2)(d)—a may vote; or ected member mentioned in subsection (2)(f)—a members of the convocation may vote. member mentioned in subsection (2)(a) to (d) and (f) is the the the the the the (4) The elected member mentioned in subsection (2)(e) is to be appointed by Queensland Churches Together. (5) Despite subsection (3), the senate may authorise the convocation to appoint the elected members mentioned in subsection (2)(f) at a meeting of the convocation at which a quorum is present. (6) Also, despite subsection (3), if a person is a member of more than 1 entity mentioned in subsection (2)(a) to (d) and (f), a university statute may restrict the person's eligibility to stand for election, or vote for candidates, in more than | category of elected member. 26 2830 s 16 12 s 20 University of Queensland Additional members 16.(1) There may be 2 additional members. (2) The senate may appoint the additional members. (3) An additional member must not be— (a) amember of the academic or general staff; or (b) a student. When senate is taken to be properly constituted 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. Appointed member's term of office 18. An appointed member is to be appointed for a term of not more than 3 years. Elected member's term of office 19.(1) An elected member holds office for 3 years. (2) An elected member's term of office starts— (a) if the member is re-elected or reappointed—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. Additional member's term of office 20. The appointment of an additional member is to be for a term of not more than 3 years decided by the senate. Hn vn ff WwW NY 13 1518 20 23 s21 13 s 24 University of Queensland Failure to elect or appoint elected members 21.(1) If an entity permitted to elect or appoint elected members does not elect or appoint any or enough persons as elected members by a day fixed by the senate by written notice given to the entity, the Minister may appoint to the senate as many members of the entity as necessary to comply with section 152 (2) A person appointed under subsection (1) is taken to have been elected or appointed by the entity under section 15. (3) This section applies to the periodic election or appointment of members and an election or appointment required because of a casual vacancy. Casual vacancies 22. A person appointed or elected to fill a vacancy in the office of a member is appointed or elected for the balance of the term of office of the person's predecessor. Ineligibility for membership of senate 23.(1) A person is not eligible to become an elected, appointed or additional member if— (a) the person is bankrupt or is taking advantage of the laws in force about bankruptcy; or (b) the person has been found guilty of an indictable offence. (2) Subsection (1) has effect subject to sections 25 and 26.3 Vacation of office 24.(1) The office of an elected, appointed or additional member becomes vacant if— 2 Section 15 (Elected members) 3 Sections 25 (Discretion where appointed member convicted of indictable offence) and 26 (Discretion where elected or additional member convicted of indictable offence) ia BE oU ONIN AWNRW ee 1418 20 22 25 s 25 14 s 25 University of Queensland (a) the member dies; or (b) for an elected or additional member—the member ceases to be an 2 eligible person for the entity that elected or appointed the person; 3 or 4 (c) the member is absent without the senate's leave and without 5 reasonable excuse from every meeting of the senate in a period of 6 6 months; or 7 (d) the member becomes an official member; or 8 (e) the member resigns from office by signed notice— 9 (i) if the member is an appointed member—given to the 10 Minister; or 11 (11) if the member is an elected or additional member—given to 12 the vice-chancellor; or 13 (f) the person becomes bankrupt or takes advantage of the laws in 14 force about bankruptcy; or 15 (g) the person is convicted of an indictable offence. 16 (2) Subsection (1) has effect subject to sections 25 and 26. 17 (3) A resignation takes effect on the day the notice of resignation is given 18 to the Minister or the vice-chancellor or, if a later day of effect is stated in 19 the notice, the later day. 20 (4) In this section— 21 "eligible person", for an entity, means a person whom the entity may elect 22 or appoint as a member. 23 Discretion where appointed member convicted of indictable offence 24 25.(1) If the Minister considers it would be reasonable, having regard to 25 the circumstances of the indictable offence of which a person has been 26 convicted, the Minister may— 27 (a) if the person was an appointed member when convicted—give 28 written notice to the chancellor and the person that the person is 29 restored as an appointed member, and may be subsequently 30 reappointed, despite the conviction; or 31 s 26 15 s 26 University of Queensland (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. Discretion where elected or additional member convicted of indictable offence 26.(1) If the senate considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the senate may— (a) if the person was an elected or additional member when convicted—give written 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. Cont AWN Ff Ww NK 131618 20 22 24 26 $27 16 s31 University of Queensland Division 4—Meetings of the senate Who is to preside at meetings 27.(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. Quorum 28. A quorum exists at a meeting of the senate if at least half its members are present. Conduct of meetings 29. The senate may otherwise regulate its proceedings as it considers appropriate. PART 3—CERTAIN OFFICERS OF THE UNIVERSITY Chancellor 30.(1) There is a chancellor of the university. (2) The senate must elect a member as chancellor whenever there is a vacancy in the office. (3) The chancellor holds office for the term, not longer than 3 years, fixed by the senate. Deputy chancellor 31.(1) There is a deputy chancellor of the university. (2) The senate must elect a member as deputy chancellor whenever there Aun WwW Ww 12 14 16 18 20 22 s 32 17 $33 University of Queensland is a vacancy in the office. (3) The deputy chancellor holds office for the term, not longer than 3 years, fixed by the senate. (4) The deputy chancellor is to act as chancellor— (a) when there is a vacancy in the office of chancellor; and (b) while the chancellor is absent from the State or, for another reason, can not perform the functions of the office. Vice-chancellor 32.(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. PART 4—BODIES CONNECTED WITH THE UNIVERSITY Division I—Convocation Establishment of convocation 33.(1) A convocation of the university is established. (2) The senate must decide the membership of the convocation by university statute. Ya Ww f wn 11 141720 23 25 s 34 18 $35 University of Queensland (3) The senate must decide— (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 senate; and (d) the quorum of a meeting of the convocation; and (e) the powers and functions of the convocation. Division 2—Colleges Establishment of colleges 34.(1) The senate may establish colleges of the university by university statute. (2) The Governor in Council must approve the establishment of the college before the senate makes the university statute establishing it. (3) The senate may establish an advisory council for each college and decide its membership and functions. (4) On the establishment of a college, property vested in or acquired by a person on trust for the college vests in the university on trust for the college. (5) The senate must manage and supervise the college and property held on trust by the university for the college. Division 3—Academic board Establishment of academic board 35.(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 YA Up WWD 11 13 15 17 19 2224 26 s 36 19 $37 University of Queensland (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. PART 5—PROPERTY AND FINANCE Division 1—Property held on trust or conditions Definition for div 1 36. In this division— "property" includes income from property and a part or residue of the property. Amendment of terms of trusts and gifts 37.(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, 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 donor's purpose. BW Ne 12 14 161821 23 s 38 20 s41 University of Queensland (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. Selection of designated purpose 38.(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). Property to be held for designated purpose 39. 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. Certain persons to be given notice of scheme 40. 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. Amendment of scheme 41.(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. nk WwW NPE 16 1922 24 s 42 21 s 46 University of Queensland University's powers under other laws not limited 42. This division does not limit the university's powers and rights under any other law about property held on trust by the university. University may carry out conditions of gift etc. 43. 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 Application of Land Act 1994 44.(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) Also, the lease must not be for more than 25 years. Division 3—Finance University is statutory body under the Financial Administration and Audit Act 1977 45. To remove any doubt, it is declared that the university is a statutory body under the Financial Administration and Audit Act 1977. University is statutory body under the Statutory Bodies Financial Arrangements Act 1982 46.(1) Under the Statutory Bodies Financial Arrangements Act 1982, the university is a statutory body. 12 16 18 20 22 s47 22 s 48 University of Queensland (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B4 sets out the way in which the university's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. Trust funds 47. The university may establish or administer trust funds. Investment common fund 48.(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), 1f 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. 4 — Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act and relationship with other Acts) s 49 23 s51 University of Queensland Application of revenue 49.(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. Financial review 50.(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. University's financial year 51. The university's financial year is a calendar year. C MIA HAR WH 13 15 17 20 23 s 52 24 s 52 University of Queensland PART 6—UNIVERSITY STATUTES Making of university statutes 52.(1) The senate may make university statutes. (2) A university statute may only be made about the following matters— (a) (b) (c) (d) (e) (f) (g) (h) (i) 0) (k) the admission and enrolment of students; the entitlement to degrees and other awards; the disciplining of students and other persons undertaking courses at the university; the fees to be paid— (i) for examinations; or (11) for attendance at lectures and classes of the university; or (11) for the use of the university's facilities; the membership of the convocation; the conduct of a ballot for the election of elected members; the establishment of colleges; the ownership and exploitation of intellectual property, brought into existence by the university's staff or as a result of using the university's facilities; making and notifying university rules; a direction, indication or requirement for a regulatory notice; a matter mentioned in section 15(6). (3) Without limiting subsection (2)(c), a university statute may— (a) authorise the senate to impose a penalty of not more than 10 penalty units for a breach of a university statute about the disciplining of persons mentioned in subsection (2)(c); and (b) provide for its recovery and enforcement. CMI DWH BR WwW Bw a a nA FF Ww NY KF SO eRe i ony NN NY NY Nu Fe Oo oO NNN On Bw N a s 53 25 s 55 University of Queensland University statute's status 53. A university statute— (a) is subordinate legislation; and (b) is an exempt instrument under the Legislative Standards Act 1992. University rules 54.(1) The senate may make university rules under a university statute. (2) Ifa university rule is inconsistent with this Act or a university statute, the rule is invalid to the extent of the inconsistency. (3) A university rule— (a) must be notified in the way required by university statute; and (b) takes effect on the day of its notification or, if a later day or time is fixed in the rule, on the day or at the time fixed. (4) On the day a university 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, stated in the notice. (5) Failure to comply with subsection (4) does not affect the validity of the notification under subsection (3)(a). PART 7—MISCELLANEOUS Forming and taking part in corporations 55.(1) The university may be a member of, form, take part in forming or manage a corporation whose objects include 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; 23 26 s 56 26 s 58 University of Queensland (c) (d) (f) (g) helping or engaging in the development or promotion of the university's research or the application or use of the results of the research; preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software; exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else; seeking or encouraging gifts to the university or for the university's purposes; another object, consistent with this Act, that the senate considers is appropriate in the circumstances. (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. Use of facilities and staff 56. 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. Control of traffic and conduct on university land 57. Schedule 1 has effect. Regulation-making power 58. The Governor in Council may make regulations under this Act. - WO poe ee ee OHO KFouwnmrnr naw Ree ns eee Om ND 2225 27 s59 27 s 63 University of Queensland Repealed Act references 59. 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—REPEAL AND TRANSITIONAL Definitions for pt 8 60. In this part— "commencing day" means the day on which this part commences. "continuing university" means the university established under the repealed Act. "continuing member" means a person who, immediately before the commencing day, was— (a) an appointed member, under the repealed Act, of the senate; or (b) appointed, as a member of the senate, under section 6(2) of the repealed Act. "repealed Act" means the University of Queensland Act 1965. Repeal 61. The University of Queensland Act 1965 is repealed. Continuation of university 62. The continuing university is continued as the university established under section 4. Assets and liabilities 63. On the commencing day— (a) the assets and liabilities of the continuing university continue to be 17 20 22 s 64 28 $67 University of Queensland the assets and liabilities of the university; and (b) any property that, immediately before the commencing day, was held in trust by the continuing university continues to be held by the university on the same trusts. Contracts 64. Any contracts entered into by or on behalf of the continuing university and all guarantees, undertakings and securities given by or on behalf of or to the continuing university, in force immediately before the commencing day are taken to have been entered into or given by or to the university and may be enforced against or by the university accordingly. Proceedings 65. A proceeding that could have been started or continued by or against the continuing university before the commencing day may be started or continued by or against the university. Offices held under repealed Act 66. A person holding office as the chancellor, deputy chancellor or vice-chancellor under the repealed Act immediately before the commencing day holds office until the end of the person's term of office or earlier vacating office. Membership of senate 67.(1) A continuing member holds office as a member of the senate until the end of the member's term of office or earlier vacating office. (2) If the continuing member— (a) was appointed under section 6(1)(b)(i) of the repealed Act—the member is taken to be an appointed member; or (b) was appointed under section 6(1)(b)(ii) to (vi) of the repealed Act—the member is taken to be an elected member; or BRwWN CSCO MOND WN 131719 22 25 27 s 68 29 s 69 University of Queensland (c) was appointed under section 6(2) of the repealed Act—the member is taken to be an additional member. Staff's rights and entitlements 68.(1) This section applies to a person who immediately before the commencing day was a staff member of the continuing university. (2) On the commencing day, the person is taken to be employed by the university on the same conditions on which the person was employed by the continuing university. (3) In addition the person— (a) keeps all accrued or accruing to the person as a staff member of the former corporation; and (b) is entitled to receive long service, recreation and sick leave and any similar entitlements accrued or accruing to the person as a staff member of the former corporation. (4) Also, if the person is a member of the superannuation scheme under the Superannuation (State Public Sector) Act 1990— (a) the person keeps all entitlements accrued or accruing to the person as a member of the scheme; and (b) the person's membership of the scheme is not affected. University statutes and rules 69.(1) An existing instrument (to the extent that it is consistent with this Act) continues in force under this Act. (2) However, the instrument expires 1 year after the commencing day, unless sooner repealed. (3) In this section— "existing instrument" means a university statute or rule made under the repealed Act and in force immediately before the commencing day. — _ ROR - Oo © CUYD HWA WwW Ne RP Re ee on AWN e \o 22 24 27 s 70 30 s 72 University of Queensland Convocation 70. The convocation established under the repealed Act and in existence immediately before the commencing day is taken to be the convocation established under this Act. References to university 71. A reference in an Act or document in existence immediately before the commencing day to the continuing university is a reference to the university. Expiry 72. This part expires | year after it commences. BRwWN CID Nn 11 University of Queensland SCHEDULE 1 CONTROL OF TRAFFIC AND CONDUCT ON UNIVERSITY LAND section 57 PART 1—AUTHORISED PERSONS Appointment 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. Limitation of authorised person's powers 2.(1) The powers of an authorised person may be limited— (a) under a condition of appointment; or (b) by written 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. Terms of appointment 3.(1) An authorised person holds office on the conditions stated in the instrument of appointment. (2) An authorised person— (a) ifthe 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. oon lon 1114 16 19 22 University of Queensland SCHEDULE 1 (continued) Identity cards 4.(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 ina 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. Proof of authority 5.(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). com ND NHN FP WN eS an 14 16 1922University of Queensland SCHEDULE | (continued) PART 2—TRAFFIC CONTROL Persons authorised to control traffic on university's land 6.(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. Regulatory notice 7.(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 Co NAN BW wp 1113 15 17 19 2124 26 University of Queensland SCHEDULE 1 (continued) 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. Information notices 8.(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. Removal and detention of illegally parked or abandoned vehicles 9.1) 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— BW Ne eorAID WN 1113 15 17 19 22 24 27 University of Queensland SCHEDULE 1 (continued) (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 (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 university 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 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. Disposal of unclaimed vehicles 10.(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 Rone Ree RS SR NAW BRwWN Fowo D7BYNY DMN Co Ne cow 2326 28University of Queensland SCHEDULE | (continued) (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. Application of proceeds of sale 11.(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 university for a payment under this section. PART 3—CONDUCT ON UNIVERSITY LAND Conduct causing a public nuisance 12. A person must not be disorderly or create a disturbance on the university's land. Maximum penalty—20 penalty units. COANY DBD Uf WwW Ne 11 13 16 20 University of Queensland SCHEDULE 1 (continued) Power to deal with persons causing a public nuisance 13.(1) This section applies if an authorised person— (a) (b) (c) (f) finds a person contravening section 12; or finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12; or has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12; or reasonably believes, having regard to the way a person is behaving, that the person's presence may pose a threat to the safety of someone else on, entering or leaving the land; or has information that leads the authorised person to believe, on reasonable grounds, that a person's presence may pose a threat to the safety of someone else on, entering or leaving the land; or reasonably believes that a person is on the land without lawful justification or excuse. (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. University of Queensland SCHEDULE 2 DICTIONARY section 3 "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 t section 16. "appointed member" means a member of t! section 14. "appropriately qualified", for a delegate for a qualifications, experience or standing a power. he senate appointed under he senate appointed under power, includes having the ppropriate to exercise the "authorised person" means a person holding office as an authorised person because of an appointment under sc hedule 1, section 1. "chancellor" means the chancellor of the university. "college" means a college established under section 34. "convocation" means the convocation of the university. "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 of the senate elected or appointed under section 15. A Be ew WN Fo CAND MN re nRnn p Lion' on Nw Ne NY NY NY YS RW NY KF Oo / NN Hun University of Queensland SCHEDULE 2 (continued) "general staff", of the university, means staff of the university, other than academic staff. "graduate staff" means staff of the university having a degree, status, title or description of bachelor, master or doctor. "higher education award" has the meaning given by the Higher Education (General Provisions) Act 1993. "land", of the university, means land and buildings owned by or under the control of the university. "member" means a member of the senate. "officialmember" means a person who is an official member of the senate under section 13. "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. "Queensland Churches Together" means the entity called 'Queensland Churches Together'. "regulatory notice" see schedule 1, section 7. "requirement", of a regulatory notice, includes— (a) adirection on a regulatory notice; and (b) a direction, indication or requirement, declared by university statute as being a requirement of the notice. "senate" means the senate of the university. "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 Bw Ne Fo O© fA nn Re eS N aon' Bw re Hn wn Lion' on NON N re Oo OO NN wh N Nv Nn N NX NYw \Oo University of Queensland SCHEDULE 2 (continued) (b) vested in or placed under the control of the university. "student" means a student enrolled in the university. "union" means the entity called 'University of Queensland Union'. "university" means The University of Queensland. "university rule" means a university rule made under section 54. "university statute" means a university statute made under section 52. "vehicle" has the meaning given by the Traffic Act 194 . 9 "vice-chancellor" means the vice-chancellor of the university. © State of Queensland 1997 Oo DOAN Dn FP W NY