Northern Territory Consolidated Acts Northern Territory Consolidated Acts49. Power to make by-laws
(1) The Council may make by-laws, not inconsistent with this Act, prescribing matters -
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), the By-laws may -
(a) provide for the use and custody of the common seal of the Institute and the performance of specified functions of the Institute without the common seal;
(b) prescribe the method of election or nomination of members of the Council, including the qualifications of the persons electing or nominating the members and the procedures relating to nominating, enrolling and conducting ballots, the counting of votes and the declaration of the results;
(c) prescribe the manner and time of convening, holding and adjourning meetings of the Council and the manner of voting at the meetings and conducting and recording the business of the meetings;
(d) prescribe the powers and duties of the person presiding at a meeting of the Council;
(e) provide for the appointment of committees of the Council and the quorum, powers and duties of the committees;
(f) prescribe powers and functions of the Director and Deputy Director;
(g) provide for the enrolment of students;
(h) provide for the admission of students of other universities or educational establishments, or persons who have completed training courses for the purposes of professional associations or practical work, to a corresponding status in the Institute with or without examination;
(j) provide for the admission of graduates of other universities or educational establishments to a corresponding degree or diploma of the Institute;
(k) provide for the promotion, development and organisation of the teaching and research of the Institute;
(m) provide for the accrediting of educational and training courses and programs offered by the Institute and the conferring of degrees, diplomas, certificates and honours and honorary and other awards by the Institute;
(n) provide for the granting of fellowships, scholarships, exhibitions, bursaries and prizes by the Institute;
(p) provide for the establishment, management and control of cultural centres, libraries and museums by the Institute or in connection with the operations of the Institute;
(q) provide for the establishment, management and control of halls of residence and other accommodation provided by the Institute;
(r) prescribe the manner by which the Institute is to affiliate or otherwise associate with an educational or research establishment, whether in the Territory or elsewhere;
(s) provide for the control and investment of the property of or held by or in the custody, management or control of the Institute, including property held on trust or subject to a condition;
(t) provide for the use of personal property of or under the control of the Institute and its protection from damage or misuse;
(u) regulate or prohibit access to and use of the land and buildings of or under the control or management of the Institute and the conduct of persons and the presence, use and removal of vehicles and animals on the land or in or near the buildings and the impounding or disposal of those vehicles or animals;
(w) provide for the appointment, promotion, transfer, resignation and retirement of staff and prescribe the terms and conditions of appointment of staff;
(x) prescribe procedures in respect of the inability of staff to discharge duties, breaches of discipline by staff and grievances of staff;
(y) provide for the recognition of the status of graduates;
(z) regulate or prohibit the conduct of students and prescribe procedures in respect of breaches of discipline by students, including the prescribing of disciplinary offences and providing for the exercise of disciplinary powers by a specified person;
(za) provide for the manner of making and publishing rules by the Council, including the authorisation by the Council of a person to sign them, and for the enforcement of those rules;
(zb) prescribe the manner of making and publishing a code of conduct by the Council and for the enforcement of a code of conduct;
(zc) prescribe the manner by which the Council may suspend the operation of a by-law, rule or code of conduct;
(zd) prescribe the method of collection of the fees determined by the Council under section 36;
(ze) provide for the establishment of a campus, annex or community study centre of the Institute;
(zf) provide for appeals against decisions made under the Act, the
By-laws or
the rules, including the procedures for the lodgement, conduct and
determination of an appeal and the awarding of costs;
(zg) prescribe the proof that is necessary or sufficient to establish a matter relevant to an offence against the By-laws or rules;
(zh) provide for the payment of a prescribed amount in lieu of a penalty that may otherwise be imposed for an offence against the By-laws or rules;
(zj) provide for the service of notices on persons alleged to have infringed the By-laws or rules and the particulars to be included in those notices;
(zk) provide for penalties not exceeding $1,000 for an offence against the By-laws; and
(zm) designate an offence against the By-laws to be a regulatory offence.
(3) A by-law may -
(a) authorise a specified person or body or specified class of persons or bodies to do an act or thing;
(b) provide that an act or thing is to be done with the approval of a specified person or body or a member of a specified class of persons or bodies; or
(c) confer a discretionary authority or power of inspection on a specified person or body or a specified class of persons or bodies.
(4) A by-law may provide for matters of prohibition or regulation, either absolutely or in relation to a class of act, matter or thing or a situation or other circumstance.
(5) A by-law may authorise the exercise of the Institute's power to make rules in respect of a matter specified in the by-law.