AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - As at 18 November 1992 - Act 110 of 1990 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Act 2. Commencement 3. Definitions 4. Objects 5. Application of Act 6. Official status as a university 7. No religious test or political discrimination 8. Investment of University funds 9. Rule of law as to remoteness of vesting not to apply to gifts etc 10. Independence of the University 11. Liability of the State SCHEDULE 1 AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - LONG TITLE An Act to provide statutory recognition of the Australian Catholic University and to facilitate its operation within New South Wales. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 1 Name of Act 1 Name of Act This Act may be cited as the Australian Catholic University Act 1990. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 2 Commencement 2 Commencement This Act commences on 1 January 1991. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 3 Definitions 3 Definitions In this Act: "Australian Catholic University" or "University" means the company incorporated under the Companies (Victoria) Code under the name of the Australian Catholic University Limited or under that name as changed from time to time. "constituent documents", in relation to the University, means the memorandum and articles of association of the company referred to in the definition of "Australian Catholic University". "Senate" means the Senate of the University as constituted from time to time in accordance with the constituent documents of the University. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 4 Objects 4 Objects The objects of this Act are to provide statutory recognition of the Australian Catholic University as a university and to facilitate its operation within New South Wales. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 5 Application of Act 5 Application of Act (1) This Act applies to and in respect of the University to the full extent to which the law of New South Wales is so applicable. (2) Nothing in this Act limits the application to or in respect of the University of any other law to the full extent to which that law is so applicable. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 6 Official status as a university 6 Official status as a university The University: (a) is an official university for the purposes of section 4 of the Higher Education Act 1988, and (b) is authorised to be called a university, and (c) is authorised to confer degrees. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 7 No religious test or political discrimination 7 No religious test or political discrimination A person is not, because of his or her religious or political affiliations, views or beliefs, to be denied admission as a student of the University or to be taken to be ineligible to graduate from or to enjoy any benefit, advantage or privilege of the University. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 8 Investment of University funds 8 Investment of University funds Schedule 1 has effect in relation to the investment of funds belonging to or vested in the University. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 9 Rule of law as to remoteness of vesting not to apply to gifts etc 9 Rule of law as to remoteness of vesting not to apply to gifts etc The rule of law against remoteness of vesting does not apply to or in respect of any gift, bequest or devise accepted by the University. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 10 Independence of the University 10 Independence of the University It is declared that, subject to this Act, the Senate alone is responsible for and has authority over the provision of education within the University and is not subject, in that respect, to the direction of any person. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SECT 11 Liability of the State 11 Liability of the State Neither the State nor any authority of the State is liable to any action, liability, claim or demand arising from or in connection with the enactment or operation of this Act or anything done or omitted by or in connection with the University. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - SCHEDULE 1 SCHEDULE 1 – Investment of University funds (Section 8) 1 Definition of funds For the purposes of this Schedule, the funds of the University include funds under the control of the University and real property, securities or other property comprising an investment. 2 Investment common funds (1) The University may establish one or more investment common funds. (2) The University may from time to time, without liability for breach of trust, bring into or withdraw from any such investment common fund the whole or any part of any trust funds or other funds of the University. (3) Subject to subclause (4), the University must periodically distribute the income of each investment common fund among the funds participating in the common fund, having regard to the extent of the participation of each fund in the common fund during the relevant accounting period. (4) The University may, if it considers it expedient to do so, from time to time add some portion of the income of an investment common fund to the capital of the common fund or use some portion of the income to establish or augment a fund or funds as a provision against capital depreciation or reduction of income. (5) If an investment is brought into an investment common fund: (a) the University is to be regarded as holding that investment on behalf of and for the benefit of the common fund instead of the participating trust fund or other fund, and (b) that participating fund is to be regarded as having contributed to the common fund an amount of money equivalent to the value attributed to the investment by the University at the time it is brought into the common fund, and (c) on the withdrawal of that participating fund from the common fund, the amount of money to be withdrawn is to be the amount equivalent to the value attributed by the University to the equity in the common fund of that participating fund at the time of withdrawal. (6) The inclusion in an investment common fund of trust funds does not affect any trust to which those trust funds (or money attributed to them) are subject. (7) On the withdrawal of trust funds from an investment common fund, the funds (or money attributed to them) continue to be subject to the trust. 3 Terms of trust to prevail In respect of the trust funds of the University: (a) the power of the University to bring the trust funds into an investment common fund, and (b) the investment powers of the University, are subject to any express direction in or express condition of the trust. AUSTRALIAN CATHOLIC UNIVERSITY ACT 1990 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsAustralian Catholic University Act 1990 No 110. Assented to 14.12.1990. Date of commencement 1.1.1991, sec 2.