Commonwealth Numbered Acts

AUSTRALIAN NATIONAL UNIVERSITY ACT 1991 No. 131 of 1991 - SECT 50

50. (1) The Council may make Statutes, not inconsistent with this Act,
prescribing matters:

   (a)  required or permitted by this Act to be prescribed by the Statutes; or

   (b)  necessary or convenient to be prescribed by the Statutes for carrying
        out or giving effect to this Act.

(2) The powers of the Council under subsection (1) include, but are not
limited to, the power to make Statutes with respect to the following matters:

   (a)  the management, good government and discipline of the University;

   (b)  the imposition, by or on behalf of the University, of penalties upon:

        (i)    students of the University; or

        (ii)   persons employed by the University;
for contravention of, or failure to comply with, a Statute made under
paragraph (a);

   (c)  the method of any election provided for by this Act, and the
        determination of questions raised in relation to the conduct or result
        of any such election;

   (d)  the persons who are to be regarded, for the purposes of this Act, as
        members of the academic staff of the Institute or as members of the
        academic staff of The Faculties;

   (e)  the persons who are to be regarded, for the purposes of this Act, as
        undergraduate students, or postgraduate students, of the University;

   (f)  in relation to each University body:

        (i)    the manner and time of convening, holding and adjourning its
               meetings;

        (ii)   voting at such meetings (including postal or proxy voting);

        (iii)  disclosure of pecuniary interests at such meetings;

        (iv)   the appointment, powers and duties of chairpersons at such
               meetings;

        (v)    the conduct and recording of business at such meetings;

        (vi)   the appointment of committees of the University body; and

        (vii)  the quorums for meetings of committees mentioned in
               subparagraph (vi), and the powers and duties of such
               committees;

   (g)  the resignation of the following persons:

        (i)    the Chancellor;

        (ii)   the Pro-Chancellor;

        (iii)  any person holding an executive office;

        (iv)   a member of a statutory Board;

   (h)  the exercise and performance by a Deputy Vice-Chancellor, in specified
        circumstances, of the powers and duties of the Vice-Chancellor;

   (i)  the tenure of the holder of any office or place established by or
        under this Act in respect of which this Act does not:

   (i)  specify a term of office; or

   (ii) provide for the fixing of the term of office otherwise than by the
        Statutes;

   (j)  the employment of members of staff of the University, including the
        terms and conditions of such employment and the termination of such
        employment;

   (k)  the appointment of persons to positions of responsibility within the
        University, the terms and conditions of such appointments and the
        termination of such appointments;

   (l)  the admission and enrolment of students;

   (m)  the times, places and manner of holding lectures, classes and
        examinations, and the number and character of such lectures, classes
        and examinations;

   (n)  the promotion and extension of University teaching;

   (o)  the granting of degrees, diplomas, certificates and honours;

   (p)  the granting of fellowships, scholarships, exhibitions and bursaries;

   (q)  the conferring, on persons who hold degrees, diplomas or other awards
        granted by other institutions, of any corresponding degree, diploma or
        other award of the University without examination;

   (r)  the exemption of persons undertaking a course leading to a degree,
        diploma or other award from the requirement to undertake particular
        work that would otherwise be required to be undertaken for the
        purposes of that course and the grant of status in respect of that
        work, whether or not on condition that other work be undertaken
        instead of the work the subject of the exemption;

   (s)  the admission of members of Convocation;

   (t)  the admission of persons who are undertaking or have undertaken
        studies at another institution to a corresponding status within the
        University;

   (u)  the payment to the University of:

   (i)  fees the payment of which is voluntary;

   (ii) fees payable in respect of an organisation of students, or of students
        and other persons, or in respect of the provision to students of
        amenities or services that are not of an academic nature;

   (iii) fees payable in respect of residential accommodation;

   (iv) fees imposed in accordance with guidelines issued by the Minister
        under section 41 for the imposition of fees in respect of overseas
        students;

   (v)  fees payable in respect of studies (other than a course of instruction
        provided by the University for the purpose of enabling persons to
        undertake a course of study provided by the University) that are not
        required or permitted to be undertaken for the purpose of obtaining a
        degree, diploma, associate diploma or other award of the University;

   (vi) fees payable, in accordance with guidelines issued by the Minister
        under section 41, by persons who attend or otherwise participate in
        courses of study but do not enrol for those courses, other than
        persons whose attendance at, or participation in, those courses is, or
        is to be, credited towards a degree, diploma, associate diploma or
        other award of another institution of higher education by arrangement
        between the University and the other institution;

   (vii) fees of a kind that are incidental to studies that may be undertaken
        at the University and that, by notice in writing, the Minister has
        determined to be fees of a kind to which this subparagraph applies;

   (viii) fees payable, by a person who possesses educational qualifications
        and has earned a living at any time, in respect of undertaking, for
        the purposes of acquiring further qualifications, a postgraduate
        course provided in accordance with guidelines issued by the Minister
        under section 41; or

   (ix) contributions payable under Chapter 4 of the Higher Education Funding
        Act 1988;

   (v)  the establishment, management and control of libraries, laboratories
        and museums in connection with the University;

   (w)  the establishment or affiliation of residential colleges;

   (x)  the affiliation or admission to the University of any education or
        research establishment;

   (y)  the control and investment of the property of the University;

   (z)  the provision of superannuation or similar benefits for, and for the
        families of, persons holding executive office and other persons
        employed by the University.

(3) The Statutes may empower any authority (including the Council) or officer
of the University to make rules or orders, not inconsistent with this Act or
with any Statute:

   (a)  regulating, or providing for the regulation of, any specified matter
        (being a matter with respect to which Statutes may be made); or

   (b)  for carrying out or giving effect to the Statutes.

(4) A rule or order so made has the same force as a Statute.

(5) Subsection (3) does not permit the making of rules or orders:

   (a)  regulating, or providing for the regulation of, a matter referred to
        in subsection 51 (1); or

   (b)  for carrying out or giving effect to a Statute dealing with a matter
        referred to in subsection 51 (1) except to the extent that the rules
        or orders are made with respect to the discipline of the University
        and provide for the enforcement of such a Statute.