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Queensland
JAMES COOK UNIVERSITY
OF NORTH QUEENSLAND
BILL 1997
Queensland
JAMES COOK UNIVERSITY OF NORTH
QUEENSLAND BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--THE UNIVERSITY AND ITS COUNCIL
Division 1--University establishment and general functions and
powers
4 Establishment of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Functions of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 General powers of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Council establishment and general functions and
powers
7 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Powers of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Council to promote university's interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Council membership
12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Elected members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 When council is taken to be properly constituted . . . . . . . . . . . . . . . . . . . . . 13
2
James Cook University of North Queensland
18 Appointed member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Elected member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
20 Additional member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Failure to elect or appoint elected members . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Ineligibility for membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Discretion where appointed member convicted of indictable offence . . . . 16
26 Discretion where elected or additional member convicted of
indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4--Meetings of the council
27 Who is to preside at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 3--CERTAIN OFFICERS OF THE UNIVERSITY
30 Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
31 Deputy chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
32 Vice-chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 4--BODIES CONNECTED WITH THE UNIVERSITY
Division 1--Convocation
33 Establishment of convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Union
34 Establishment of union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
35 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
36 Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3--Colleges
39 Establishment of colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Academic board
40 Establishment of academic board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3
James Cook University of North Queensland
PART 5--PROPERTY AND FINANCE
Division 1--Property held on trust or conditions
41 Definition for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
42 Amendment of terms of trusts and gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
43 Selection of designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
44 Property to be held for designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . 23
45 Certain persons to be given notice of scheme . . . . . . . . . . . . . . . . . . . . . . . . 23
46 Amendment of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
47 University's powers under other laws not limited . . . . . . . . . . . . . . . . . . . . . 23
48 University may carry out conditions of gift etc. . . . . . . . . . . . . . . . . . . . . . . 23
Division 2--Dealing with State land by council
49 Application of Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Finance
50 University is statutory body under the Financial Administration
and Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
51 University is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
52 Trust funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
53 Investment common fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
54 Application of revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
55 Financial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
56 University's financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 6--UNIVERSITY STATUTES
57 Making of university statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
58 University statute's status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
59 University statutes affecting union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
60 University rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 7--MISCELLANEOUS
61 Forming and taking part in corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
62 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
63 Control of traffic and conduct on university land . . . . . . . . . . . . . . . . . . . . . 29
64 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
65 Repealed Act references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
4
James Cook University of North Queensland
PART 8--REPEAL AND TRANSITIONAL
66 Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
67 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
68 Continuation of university and union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
69 Assets, liabilities and contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
70 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
71 Offices held under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
72 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
73 Staff's rights and entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
74 University statutes and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
75 Convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
76 Union's constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
77 References to former union or university . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
78 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 34
CONTROL OF TRAFFIC AND CONDUCT ON UNIVERSITY
LAND
PART 1--AUTHORISED PERSONS AND SECURITY OFFICERS
1 Appointment of authorised persons and security officers . . . . . . . . . . . . . . . 34
2 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
3 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
4 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 2--TRAFFIC CONTROL
5 Persons authorised to control traffic on university's land . . . . . . . . . . . . . . . 36
6 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
7 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
8 Removal and detention of illegally parked or abandoned vehicles . . . . . . . 37
9 Disposal of unclaimed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
10 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 3--CONDUCT ON UNIVERSITY LAND
11 Conduct causing a public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
12 Power to deal with persons causing a public nuisance . . . . . . . . . . . . . . . . . 40
5
James Cook University of North Queensland
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 41
DICTIONARY
1997
A BILL
FOR
An Act about the James Cook University of North Queensland
s1 8 s3
James Cook University of North Queensland
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the James Cook University of North 4
Queensland Act 1997. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
8
Definitions
3. The dictionary in schedule 2 defines particular words used in this Act1. 9
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.
Words defined elsewhere in this Act are generally signposted in the dictionary.
However, if a section has a definition that only applies to the section, or a part
of the section, it is generally not signposted. If this type of definition is set out in
a separate subsection, the subsection is generally the last subsection of the
section.
The signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where these definitions can be found.
For example, the definition ` "designated purpose" see section 42', tells the
reader there is a definition of the term "designated purpose" in section 42.
s4 9 s5
James Cook University of North Queensland
ART 2--THE UNIVERSITY AND ITS COUNCIL 1
P
Division 1--University establishment and general functions and powers 2
of university 3
Establishment
4.(1) The James Cook University of North Queensland is established. 4
(2) The university-- 5
(a) is a body corporate; and 6
(b) has a seal; and 7
(c) may sue and be sued in its corporate name. 8
of university 9
Functions
5. The university's functions are-- 10
(a) to provide education at university standard; and 11
(b) to provide facilities for study and research generally and, in 12
particular, in subjects of special importance to the people of the 13
tropics; and 14
(c) to encourage study and research generally and, in particular, in 15
subjects of special importance to the people of the tropics; and 16
(d) to provide courses of study or instruction (at the levels of 17
achievement the council considers appropriate) to meet the needs 18
of the people of north Queensland; and 19
(e) to confer higher education awards; and 20
(f) to exploit commercially, for the university's benefit, a facility or 21
resource of the university, including, for example, study, research 22
or knowledge, or the practical application of study, research or 23
knowledge, belonging to the university, whether alone or with 24
someone else; and 25
(g) to perform other functions given to the university under this or 26
another Act. 27
s6 10 s9
James Cook University of North Queensland
powers of university 1
General
6.(1) The university has all the powers of an individual, and may, for 2
example-- 3
(a) enter into contracts; and 4
(b) acquire, hold, dispose of, and deal with property; and 5
(c) appoint agents and attorneys; and 6
(d) engage consultants; and 7
(e) fix charges, and other terms, for services and other facilities it 8
supplies; and 9
(f) do anything else necessary or convenient to be done for, or in 10
connection with, its functions. 11
(2) Without limiting subsection (1), the university has the powers given 12
to it under this or another Act. 13
(3) The university may exercise its powers inside or outside Queensland. 14
(4) Without limiting subsection (3), the university may exercise its 15
powers outside Australia. 16
2--Council establishment and general functions and powers 17
Division
of council 18
Establishment
7. There is a council of the university. 19
of council 20
Functions
8.(1) The council is the university's governing body. 21
(2) The council has the functions conferred on it under this or another 22
Act. 23
of council 24
Powers
9.(1) The council may do anything necessary or convenient to be done 25
for, or in connection with, its functions. 26
s 10 11 s 12
James Cook University of North Queensland
(2) Without limiting subsection (1), the council has the powers given to it 1
under this or another Act and, in particular-- 2
(a) to appoint the university's staff; and 3
(b) to manage and control the university's affairs and property; and 4
(c) to manage and control the university's finances. 5
to promote university's interests 6
Council
10. The council must act in the way that appears to it most likely to 7
promote the university's interests. 8
9
Delegation
11.(1) The council may delegate its powers under this Act to-- 10
(a) an appropriately qualified member of the council; or 11
(b) a committee consisting of appropriately qualified persons, but 12
which must include 1 or more members of the council; or 13
(c) an appropriately qualified member of the university's staff. 14
(2) However, the council may not delegate its power-- 15
(a) to make university statutes or rules; or 16
(b) to adopt the university's annual budget; or 17
(c) to approve spending of funds available to the university by way 18
of bequest, donation or special grant. 19
3--Council membership 20
Division
of council 21
Membership
12.(1) The council consists of official members, appointed members and 22
elected members. 23
(2) The council may also include additional members. 24
s 13 12 s 15
James Cook University of North Queensland
members 1
Official
13.(1) There are 6 official members. 2
(2) The official members are-- 3
(a) the chancellor; and 4
(b) the vice-chancellor; and 5
(c) the chief executive of the department or the chief executive's 6
nominee; and 7
(d) the chairperson of the academic board; and 8
(e) the president of the staff association; and 9
(f) the president of the union. 10
(3) However, the president of the staff association is an official member 11
only if elected to the office of president by a ballot at which all the members 12
of the association may vote. 13
(4) Also, the president of the union is an official member only if elected 14
to the office of president by a ballot at which all the members of the union 15
may vote. 16
members 17
Appointed
14.(1) There are 9 appointed members. 18
(2) The Governor in Council is to appoint the appointed members. 19
members 20
Elected
15.(1) There are 10 elected members. 21
(2) The elected members are-- 22
(a) 3 members of the academic staff; and 23
(b) 2 members of the full-time general staff; and 24
(c) 2 students; and 25
(d) 3 members of the convocation (other than persons eligible for 26
membership under paragraph (a), (b) or (c)). 27
s 16 13 s 17
James Cook University of North Queensland
(3) Each elected member is to be elected by a ballot at which-- 1
(a) for an elected member mentioned in subsection (2)(a)--all the 2
members of the academic staff may vote; or 3
(b) for an elected member mentioned in subsection (2)(b)--all the 4
members of the full-time general staff may vote; or 5
(c) for an elected member mentioned in subsection (2)(c)--all the 6
students may vote; or 7
(d) for an elected member mentioned in subsection (2)(d)--all the 8
members of the convocation may vote. 9
(4) Despite subsection (3)-- 10
(a) the council may authorise the council of the union to appoint the 11
members mentioned in subsection (2)(c) at a meeting of the 12
council of the union; and 13
(b) the council may authorise the convocation to appoint the 14
members mentioned in subsection (2)(d) at a meeting of the 15
convocation at which a quorum is present. 16
members 17
Additional
16.(1) There may be 2 additional members. 18
(2) The council may appoint the additional members. 19
(3) An additional member must not be-- 20
(a) a member of the academic or full-time general staff; or 21
(b) a student. 22
council is taken to be properly constituted 23
When
17. The council is taken to be properly constituted when it has 15 or 24
more members, whether they be additional, appointed, elected or official 25
members. 26
s 18 14 s 21
James Cook University of North Queensland
member's term of office 1
Appointed
18. An appointed member is to be appointed for a term of not more than 2
3 years. 3
member's term of office 4
Elected
19.(1) An elected member holds office for 3 years. 5
(2) An elected member's term of office starts-- 6
(a) if the member is re-elected or reappointed--the day after the day 7
when the member's previous term of office ends; or 8
(b) if paragraph (a) does not apply--the day after the day when the 9
term of office of the member's predecessor ends. 10
member's term of office 11
Additional
20. The appointment of an additional member is to be for a term of not 12
more than 3 years decided by the council. 13
to elect or appoint elected members 14
Failure
21.(1) If an entity permitted to elect or appoint elected members does not 15
elect or appoint any or enough persons as elected members by a day fixed 16
by the council by written notice given to the entity, the Minister may appoint 17
to the council as many members of the entity as necessary to comply with 18
section 15.2 19
(2) A person appointed under subsection (1) is taken to have been elected 20
or appointed by the entity under section 15. 21
(3) This section applies to the periodic election or appointment of 22
members and an election or appointment required because of a casual 23
vacancy. 24
2 Section 15 (Elected members)
s 22 15 s 24
James Cook University of North Queensland
vacancies 1
Casual
22. A person appointed or elected to fill a vacancy in the office of a 2
member is appointed or elected for the balance of the term of office of the 3
person's predecessor. 4
for membership of council 5
Ineligibility
23.(1) A person is not eligible to become an elected, appointed or 6
additional member if-- 7
(a) the person is bankrupt or is taking advantage of the laws in force 8
about bankruptcy; or 9
(b) the person has been found guilty of an indictable offence. 10
(2) Subsection (1) has effect subject to sections 25 and 26.3 11
of office 12
Vacation
24.(1) The office of an elected, appointed or additional member becomes 13
vacant if-- 14
(a) the member dies; or 15
(b) for an elected or additional member--the member ceases to be an 16
eligible person for the entity that elected or appointed the person; 17
or 18
(c) the member is absent without the council's leave and without 19
reasonable excuse from every meeting of the council in a period 20
of 6 months; or 21
(d) the member becomes an official member; or 22
(e) the member resigns from office by signed notice-- 23
(i) if the member is an appointed member--given to the 24
Minister; or 25
(ii) if the member is an elected or additional member--given to 26
3 Sections 25 (Discretion where appointed member convicted of indictable
offence) and 26 (Discretion where elected or additional member convicted of
indictable offence)
s 25 16 s 25
James Cook University of North Queensland
the vice-chancellor; or 1
(f) the person becomes bankrupt or takes advantage of the laws in 2
force about bankruptcy; or 3
(g) the person is convicted of an indictable offence. 4
(2) Subsection (1) has effect subject to sections 25 and 26. 5
(3) A resignation takes effect on the day the notice of resignation is given 6
to the Minister or the vice-chancellor or, if a later day of effect is stated in 7
the notice, the later day. 8
(4) In this section-- 9
"eligible person", for an entity, means a person whom the entity may elect 10
or appoint as a member. 11
where appointed member convicted of indictable offence 12
Discretion
25.(1) If the Minister considers it would be reasonable, having regard to 13
the circumstances of the indictable offence of which a person has been 14
convicted, the Minister may-- 15
(a) if the person was an appointed member when convicted--give 16
written notice to the chancellor and the person that the person is 17
restored as an appointed member, and may be subsequently 18
reappointed, despite the conviction; or 19
(b) otherwise--give written approval for the person to become an 20
appointed member despite the conviction. 21
(2) On the day the chancellor receives a notice under subsection (1)(a)-- 22
(a) the person is restored as an appointed member; and 23
(b) if another person has been appointed to fill the vacancy, the other 24
person's appointment ends. 25
(3) If a person is restored as an appointed member under subsection (2), 26
the person's term of office as a member ends when it would have ended if 27
the person had not been convicted of the offence. 28
s 26 17 s 28
James Cook University of North Queensland
where elected or additional member convicted of indictable 1
Discretion
offence 2
26.(1) If the council considers it would be reasonable, having regard to 3
the circumstances of the indictable offence of which a person has been 4
convicted, the council may-- 5
(a) if the person was an elected or additional member when 6
convicted--give written notice to the person that the person is 7
restored as an elected or additional member, and may be 8
subsequently re-elected or reappointed, despite the conviction; or 9
(b) otherwise--give written approval for the person to become an 10
elected or additional member despite the conviction. 11
(2) On the day the person receives a notice under subsection (1)(a)-- 12
(a) the person is restored as an elected or additional member; and 13
(b) if another person has been elected or appointed to fill the vacancy, 14
the other person's membership of the council ends. 15
(3) If a person is restored as an elected or additional member under 16
subsection (2), the person's term of office as a member ends when it would 17
have ended if the person had not been convicted of the offence. 18
Division 4--Meetings of the council 19
is to preside at meetings 20
Who
27.(1) The chancellor must preside at meetings of the council. 21
(2) However, if the chancellor and deputy chancellor are both absent 22
from a meeting of the council or the offices are vacant, the members present 23
must elect a member to preside at the meeting. 24
uorum 25
Q
28. A quorum exists at a meeting of the council if at least half its 26
members are present. 27
s 29 18 s 32
James Cook University of North Queensland
of meetings 1
Conduct
29. The council may otherwise regulate its proceedings as it considers 2
appropriate. 3
PART 3--CERTAIN OFFICERS OF THE 4
UNIVERSITY 5
6
Chancellor
30.(1) There is a chancellor of the university. 7
(2) The council must elect a chancellor whenever there is a vacancy in the 8
office. 9
(3) The person elected need not be a member. 10
(4) The chancellor holds office for the term, not longer than 5 years, 11
fixed by the council. 12
chancellor 13
Deputy
31.(1) There is a deputy chancellor of the university. 14
(2) The council must elect a member as deputy chancellor whenever 15
there is a vacancy in the office. 16
(3) The deputy chancellor holds office for the term, not longer than 17
3 years, fixed by the council. 18
(4) The deputy chancellor is to act as chancellor-- 19
(a) when there is a vacancy in the office of chancellor; and 20
(b) while the chancellor is absent from the State or, for another 21
reason, cannot perform the functions of the office. 22
23
Vice-chancellor
32.(1) There is a vice-chancellor of the university. 24
s 33 19 s 33
James Cook University of North Queensland
(2) The council must appoint a vice-chancellor whenever there is a 1
vacancy in the office. 2
(3) The terms of appointment are as decided by the council. 3
(4) The vice-chancellor is the chief executive officer of the university and 4
may exercise the powers and perform the functions conferred on the 5
vice-chancellor by this or another Act or the council. 6
(5) The vice-chancellor may delegate powers of the vice-chancellor under 7
this or another Act to an appropriately qualified member of the university's 8
staff. 9
PART 4--BODIES CONNECTED WITH THE 10
UNIVERSITY 11
1--Convocation 12
Division
of convocation 13
Establishment
33.(1) A convocation of the university is established. 14
(2) The council is to decide the membership of the convocation by 15
university statute. 16
(3) The council is to decide-- 17
(a) how meetings of the convocation are to be called; and 18
(b) how the convocation is to conduct its proceedings; and 19
(c) if and how members of the convocation are to be appointed as 20
members of the council; and 21
(d) the quorum of a meeting of the convocation; and 22
(e) the powers and functions of the convocation. 23
s 34 20 s 38
James Cook University of North Queensland
2--Union 1
Division
of union 2
Establishment
34.(1) The James Cook University of North Queensland Union is 3
established. 4
(2) The union-- 5
(a) is a body corporate with perpetual succession; and 6
(b) has a common seal; and 7
(c) may sue and be sued in its corporate name. 8
9
Composition
35. The persons who are eligible to be members of the union are-- 10
(a) students; and 11
(b) persons eligible for membership under the union's constitution. 12
13
Role
36.(1) The union has the role and powers stated in its constitution. 14
(2) The union also has the role and powers decided by the council. 15
(3) However, the union is not the employee or agent of the council. 16
powers 17
General
37. Without limiting section 36, the union has all the powers of an 18
individual, including, for example, the power to acquire, hold, dispose of, 19
and deal with, property. 20
21
Constitution
38.(1) The union must have a written constitution. 22
(2) The union's constitution, and each amendment of the constitution, 23
must be submitted to the council for its approval. 24
s 39 21 s 40
James Cook University of North Queensland
(3) The constitution or amendment has no effect until approved by the 1
council. 2
Division 3--Colleges 3
of colleges 4
Establishment
39.(1) The council may establish colleges of the university by university 5
statute. 6
(2) The Governor in Council must approve the establishment of the 7
college before the council makes the university statute establishing it. 8
(3) The council may establish an advisory council for each college and 9
decide its membership and functions. 10
(4) On the establishment of a college, property vested in or acquired by a 11
person on trust for the college vests in the university on trust for the college. 12
(5) The council must manage and supervise the college and property held 13
on trust by the university for the college. 14
4--Academic board 15
Division
of academic board 16
Establishment
40.(1) The council may establish an academic board of the university. 17
(2) The council is to determine the membership of the academic board. 18
(3) The academic board is to-- 19
(a) advise the council about teaching, scholarship and research 20
matters concerning the university; and 21
(b) formulate proposals for the academic policies of the university; 22
and 23
(c) monitor the academic activities of the university's faculties; and 24
(d) promote and encourage scholarship and research at the university. 25
s 41 22 s 42
James Cook University of North Queensland
ART 5--PROPERTY AND FINANCE 1
P
Division 1--Property held on trust or conditions 2
for div 1 3
Definition
41. In this division-- 4
"property" includes income from property and a part or residue of the 5
property. 6
of terms of trusts and gifts 7
Amendment
42.(1) This section applies if-- 8
(a) property is held by the university on terms requiring the property 9
to be used for a particular purpose (the "donor's purpose"); and 10
(b) the council is satisfied-- 11
(i) the donor's purpose-- 12
(A) has been wholly or substantially achieved; or 13
(B) no longer exists; or 14
(C) has been adequately provided for in another way; or 15
(D) is uncertain, cannot be identified, or is insufficiently 16
defined; or 17
(E) becomes impossible, impractical or inexpedient to carry 18
out; or 19
(ii) the property is inadequate for the donor's purpose. 20
(2) The council may set up and maintain a scheme for the use of the 21
property for another purpose (the "designated purpose"). 22
(3) The scheme must be in writing. 23
(4) The university must without charge give a copy of the scheme to 24
anyone who asks for it. 25
s 43 23 s 48
James Cook University of North Queensland
of designated purpose 1
Selection
43.(1) In selecting the designated purpose, the council must prefer a 2
purpose that-- 3
(a) is as nearly similar as practicable to the donor's purpose; and 4
(b) can practically and conveniently be achieved. 5
(2) However, the scheme is not invalid merely because another 6
designated purpose may have been more properly selected under 7
subsection (1). 8
to be held for designated purpose 9
Property
44. Property to which the scheme applies is to be held by the university 10
for the property's designated purpose instead of the donor's purpose. 11
persons to be given notice of scheme 12
Certain
45. If the scheme applies to land, the university must, as soon as 13
practicable after the scheme is set up, give a copy of the scheme to the 14
registrar of titles. 15
of scheme 16
Amendment
46.(1) The council may amend the scheme. 17
(2) Sections 42 to 45 apply to the amendment of a scheme as if a 18
reference to the donor's purpose is a reference to the designated purpose of 19
the scheme that is to be amended. 20
powers under other laws not limited 21
University's
47. This division does not limit the university's powers and rights under 22
any other law about property held on trust by the university. 23
may carry out conditions of gift etc. 24
University
48. The university may agree to and carry out any conditions of a gift, 25
grant, bequest or devise of property to the university. 26
s 49 24 s 52
James Cook University of North Queensland
2--Dealing with State land by council 1
Division
of Land Act 1994 2
Application
49.(1) State land is held and may be disposed of under the Land Act 3
1994. 4
(2) However, the university may grant an interest in State land only by 5
way of lease. 6
(3) Also, the lease must not be for more than 25 years. 7
Division 3--Finance 8
is statutory body under the Financial Administration and 9
University
Audit Act 1977 10
50. To remove any doubt, it is declared that the university is a statutory 11
body under the Financial Administration and Audit Act 1977. 12
is statutory body under the Statutory Bodies Financial 13
University
Arrangements Act 1982 14
51.(1) Under the Statutory Bodies Financial Arrangements Act 1982, the 15
university is a statutory body. 16
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B4 17
sets out the way in which the university's powers under this Act are 18
affected by the Statutory Bodies Financial Arrangements Act 1982. 19
rust funds 20
T
52. The university may establish or administer trust funds. 21
4 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 53 25 s 54
James Cook University of North Queensland
common fund 1
Investment
53.(1) The university may establish an investment common fund for the 2
collective investment of trust funds or other amounts held by it. 3
(2) The university may add amounts to or withdraw amounts from the 4
investment common fund, without incurring any liability for breach of trust. 5
(3) The university must periodically distribute the income of the 6
investment common fund among each of the funds forming the investment 7
common fund (a "component fund") having regard to the share of each 8
component fund in the investment common fund. 9
(4) Despite subsection (3), if a component fund consists of an amount 10
received for use for a stated purpose and the amount cannot or will not be 11
used for the purpose immediately, income attributable to the share of the 12
amount in the investment common fund may be paid into the general funds 13
of the university if the income is not needed immediately for the stated 14
purpose. 15
(5) Also, despite subsection (3), the university may-- 16
(a) add a part of the income of the investment common fund to the 17
fund's capital; or 18
(b) use a part of the income to establish or augment another fund to 19
make provision against capital depreciation or reduction of 20
income. 21
of revenue 22
Application
54.(1) Subject to the terms of a relevant trust, amounts received by the 23
university from any source are to be applied solely to university purposes. 24
(2) To remove any doubt, each of the following purposes is a university 25
purpose-- 26
(a) enabling a student or staff member, or former student or staff 27
member, of the university to undertake study or research at the 28
university or elsewhere; 29
(b) the advancement of learning generally; 30
(c) helping a body affiliated or associated with the university. 31
s 55 26 s 57
James Cook University of North Queensland
review 1
Financial
55.(1) The council must, in each year, adopt a budget for the university 2
for the next year. 3
(2) In framing the budget the council need not take account of amounts 4
mentioned in subsection (4). 5
(3) The council must control its spending as nearly as possible within the 6
limits of the approved budget. 7
(4) The council must undertake an annual review of-- 8
(a) amounts available, or expected to be available, to the university by 9
way of bequest, donation or special grant; and 10
(b) the spending of the amounts. 11
financial year 12
University's
56. The university's financial year is a calendar year. 13
ART 6--UNIVERSITY STATUTES 14
P
of university statutes 15
Making
57.(1) The council may make university statutes. 16
(2) A university statute may only be made about-- 17
(a) the admission of students; and 18
(b) the disciplining of students; and 19
(c) the fees to be paid-- 20
(i) for examinations; or 21
(ii) for attendance at lectures and classes of the university; or 22
(iii) for the use of the university's facilities; and 23
(d) the membership of convocation; and 24
(e) the conduct of a ballot for the election of elected members; and 25
s 58 27 s 59
James Cook University of North Queensland
(f) the establishment of colleges; and 1
(g) making and notifying university rules; and 2
(h) a direction, indication or requirement for a regulatory notice. 3
(3) Without limiting subsection (2)(b), a university statute may-- 4
(a) authorise the council to impose a penalty of not more than 10 5
penalty units for a breach of a university statute about the 6
discipline of students; and 7
(b) provide for its recovery and enforcement. 8
statute's status 9
University
58. A university statute-- 10
(a) is subordinate legislation; and 11
(b) is an exempt instrument under the Legislative Standards Act 12
1992. 13
statutes affecting union 14
University
59.(1) A university statute affecting the union's role or powers may be 15
made only if the council-- 16
(a) has given the union a copy of the proposed statute at least 28 days 17
before making it; and 18
(b) has considered any comments given to it by the union under 19
subsection (2). 20
(2) The union may give the council written comments about the 21
proposed university statute within 14 days after receiving the copy. 22
(3) The council may amend the proposed university statute to take 23
account of any of the comments. 24
(4) If the council amends the proposed university statute to take account 25
of any of the comments, it does not have to give the union a copy of the 26
proposed statute before making it. 27
s 60 28 s 61
James Cook University of North Queensland
rules 1
University
60.(1) The council may make university rules under a university statute. 2
(2) If a university rule is inconsistent with this Act or a university statute, 3
the rule is invalid to the extent of the inconsistency. 4
(3) A university rule-- 5
(a) must be notified in the way required by university statute; and 6
(b) takes effect on the day of its notification or, if a later day or time 7
is fixed in the rule, on the day or at the time fixed. 8
(4) On the day a university rule is notified under subsection (3)(a) or as 9
soon as practicable after that day, copies of the rule must be available to be 10
obtained (by purchase or otherwise) at the place, or at each of the places, 11
stated in the notice. 12
(5) Failure to comply with subsection (4) does not affect the validity of 13
the notification under subsection (3)(a). 14
ART 7--MISCELLANEOUS 15
P
and taking part in corporations 16
Forming
61.(1) The university may be a member of, form, take part in forming or 17
manage a corporation whose objects include the following-- 18
(a) making available facilities for study, research or education; 19
(b) providing teaching, research, development, consultancy or other 20
services for public or private entities; 21
(c) helping or engaging in the development or promotion of the 22
university's research or the application or use of the results of the 23
research; 24
(d) preparing, publishing, distributing or licensing the use of literary 25
or artistic work, audio or audiovisual material or computer 26
software; 27
(e) exploiting commercially a facility or resource of the university, 28
s 62 29 s 65
James Cook University of North Queensland
including, for example, study, research or knowledge, or the 1
practical application of study, research or knowledge, developed 2
by or belonging to the university, whether alone or with someone 3
else; 4
(f) seeking or encouraging gifts to the university or for the 5
university's purposes; 6
(g) another object, consistent with this Act, that the council considers 7
is appropriate in the circumstances. 8
(2) The university, or a corporation managed by the university or of 9
which the university is a member, may enter into an agreement or 10
arrangement with a corporation whose objects include an object mentioned 11
in subsection (1) for achieving the object. 12
of facilities and staff 13
Use
62. The university may enter into a contract or other arrangement with an 14
entity for the use of the university's facilities and the provision of services 15
by the university's staff. 16
of traffic and conduct on university land 17
Control
63. Schedule 1 has effect. 18
power 19
Regulation-making
64. The Governor in Council may make regulations under this Act. 20
Act references 21
Repealed
65. In an Act or document, a reference to the James Cook University of 22
North Queensland Act 1970 may, if the context permits, be taken to be a 23
reference to this Act. 24
s 66 30 s 68
James Cook University of North Queensland
PART 8--REPEAL AND TRANSITIONAL 1
for pt 8 2
Definitions
66. In this part-- 3
"appointed member" means an appointed member, under the repealed 4
Act, of the council of the former university. 5
"commencing day" means the day on which this part commences. 6
"continuing corporation", for a former corporation, means-- 7
(a) if the former corporation is the former university--the university; 8
or 9
(b) if the former corporation is the former union--the union. 10
"ex-officio member" means an ex-officio member, under the repealed Act, 11
of the council of the former university. 12
"former corporation" means the former union or university. 13
"former union" means the union established under the repealed Act. 14
"former university" means the university established under the repealed 15
Act. 16
"repealed Act" means the James Cook University of North Queensland 17
Act 1970. 18
19
Repeal
67. The James Cook University of North Queensland Act 1970 No. 19 20
is repealed. 21
of university and union 22
Continuation
68.(1) The former university is continued as the university established 23
under section 4. 24
(2) The former union is continued as the union established under 25
section 34. 26
s 69 31 s 72
James Cook University of North Queensland
liabilities and contracts 1
Assets,
69.(1) On the commencing day-- 2
(a) the assets and liabilities of a former corporation vest in the 3
continuing corporation for the former corporation; and 4
(b) any property that, immediately before the commencing day, was 5
held in trust by a former corporation vests in the continuing 6
corporation for the former corporation on the same trusts to 7
which the property was subject immediately before the vesting. 8
(2) Any contracts entered into by or on behalf of a former corporation 9
and all guarantees, undertakings and securities given by or on behalf of or to 10
a former corporation, in force immediately before the commencing day are 11
taken to have been entered into or given by or to the continuing corporation 12
for the former corporation and may be enforced against or by the continuing 13
corporation accordingly. 14
15
Proceedings
70. A proceeding that could have been started or continued by or against 16
a former corporation before the commencing day may be started or 17
continued by or against the continuing corporation for the former 18
corporation. 19
held under repealed Act 20
Offices
71. A person holding office as the chancellor, deputy chancellor or 21
vice-chancellor under the repealed Act immediately before the commencing 22
day holds office for the balance of the person's term of office. 23
of council 24
Membership
72.(1) The council of the university consists of the ex officio and 25
appointed members holding office immediately before the commencing 26
day. 27
(2) An appointed member holds office as a member of the council until 28
the end of the member's term of office or earlier vacating office. 29
(3) For subsections (1) and (2), part 2, division 2 (other than sections 5 30
s 73 32 s 74
James Cook University of North Queensland
and 14 to 17) of the repealed Act, and any definitions relevant to the 1
provisions, continue to have effect.5 2
(4) This section has effect despite the repeal of the repealed Act. 3
(5) This section expires on 12 April 1998. 4
rights and entitlements 5
Staff's
73.(1) This section applies to a person who immediately before the 6
commencing day was a staff member of a former corporation. 7
(2) On the commencing day, the person is taken to be employed by the 8
continuing corporation for the former corporation on the same conditions 9
on which the person was employed by the former corporation. 10
(3) In addition, the person-- 11
(a) retains all rights accrued or accruing to the person as a staff 12
member of the former corporation; and 13
(b) is entitled to receive long service, recreation and sick leave and 14
any similar entitlements accrued or accruing to the person as a 15
staff member of the former corporation. 16
(4) Also, the person-- 17
(a) retains all entitlements accrued or accruing to the person as a 18
contributor to a fund or as a member of a superannuation scheme 19
under the Superannuation (State Public Sector) Act 1990; and 20
(b) is taken to continue to be a contributor or member under the 21
Superannuation (State Public Sector) Act 1990. 22
statutes and rules 23
University
74.(1) An existing instrument (to the extent that it is consistent with this 24
Act) continues in force under this Act. 25
(2) However, the instrument expires 1 year after the commencing day, 26
5 The provisions of part 2, division 2 of the repealed Act mentioned in the
subsection deal with the constitution of, vacancies of members of, and certain
office holders on the council.
s 75 33 s 78
James Cook University of North Queensland
unless sooner repealed. 1
(3) In this section-- 2
"existing instrument" means a university statute or rule made under the 3
repealed Act and in force immediately before the commencing day. 4
5
Convocation
75. The convocation established under the repealed Act and in existence 6
immediately before the commencing day is taken to be the convocation 7
established under this Act. 8
constitution 9
Union's
76. The former union's constitution in force immediately before the 10
commencing day continues in force as the union's constitution under this 11
Act. 12
to former union or university 13
References
77. A reference in an Act or document in existence immediately before 14
the commencing day to a former corporation is a reference to the continuing 15
corporation for the former corporation. 16
17
Expiry
78. This part (other than sections 67 and 72) expires 1 year after it 18
commences. 19
34
James Cook University of North Queensland
CHEDULE 1 1
¡S
CONTROL OF TRAFFIC AND CONDUCT ON 2
UNIVERSITY LAND 3
section 63 4
PART 1--AUTHORISED PERSONS AND SECURITY 5
OFFICERS 6
of authorised persons and security officers 7
Appointment
1.(1) The vice-chancellor may, in writing, appoint a person who the 8
vice-chancellor is satisfied has the necessary training, or knowledge and 9
experience, to be an authorised person under this Act. 10
(2) The vice-chancellor may, in writing, appoint a person who the 11
vice-chancellor is satisfied has the necessary training, or knowledge and 12
experience, to be a security officer under this Act. 13
(3) A person may be appointed both an authorised person and a security 14
officer. 15
of appointment 16
Terms
2.(1) An authorised person or security officer holds office on the 17
conditions stated in the instrument of appointment. 18
(2) An authorised person or security officer-- 19
(a) if the appointment provides for a term of appointment--ceases to 20
hold office as an authorised person or security officer at the end 21
of the term; and 22
(b) may resign by signed notice given to the vice-chancellor. 23
35
James Cook University of North Queensland
SCHEDULE 1 (continued)
cards 1
Identity
3.(1) The vice-chancellor must issue an identity card to each authorised 2
person and security officer. 3
(2) The identity card must-- 4
(a) contain a recent photograph of the authorised person or security 5
officer; and 6
(b) be in a form approved by the vice-chancellor; and 7
(c) be signed by the authorised person or security officer. 8
(3) A person who ceases to be an authorised person or security officer 9
must, as soon as practicable, return the person's identity card to the 10
vice-chancellor, unless the person has a reasonable excuse for not returning 11
it. 12
Maximum penalty for subsection (3)--10 penalty units. 13
of authority 14
Proof
4.(1) An authorised person or security officer may exercise a power 15
under this Act in relation to someone else only if the authorised person or 16
security officer-- 17
(a) first produces his or her identity card for inspection by the other 18
person; or 19
(b) has his or her identity card displayed so that it is clearly visible. 20
(2) If, for any reason, it is not practicable to comply with subsection (1), 21
the authorised person or security officer must produce the identity card for 22
inspection by the person at the first reasonable opportunity. 23
(3) If subsection (2) is relevant and is complied with by an authorised 24
person or security officer, the exercise of a power in relation to someone 25
else by the authorised person or security officer is not invalid merely 26
because of subsection (1). 27
36
James Cook University of North Queensland
SCHEDULE 1 (continued)
PART 2--TRAFFIC CONTROL 1
authorised to control traffic on university's land 2
Persons
5.(1) An authorised person may control traffic on the university's land 3
and, for this purpose, may give directions to persons on the land. 4
(2) A person must not fail to comply with a direction given under 5
subsection (1), unless the person has a reasonable excuse for not complying 6
with it. 7
Maximum penalty for subsection (2)--10 penalty units. 8
notice 9
Regulatory
6.(1) The university may erect or display at or near any vehicular 10
entrance to the university's land, a notice (a "regulatory notice") regulating 11
the driving, parking or standing of vehicles on the land, including, for 12
example-- 13
(a) fixing a maximum speed limit; or 14
(b) indicating a pedestrian crossing; or 15
(c) indicating a place where the driving, parking or standing of a 16
vehicle is restricted or prohibited. 17
(2) A person on the university's land must comply with a regulatory 18
notice, unless the person has a reasonable excuse for not complying with it. 19
Maximum penalty--10 penalty units. 20
(3) A regulatory notice-- 21
(a) must state the limits of the area to which the notice applies; and 22
(b) may state that a contravention of a requirement of the notice is an 23
offence against the Act and the penalty for the offence. 24
(4) Without limiting subsection (1), the university may erect and display 25
regulatory notices in the form of official traffic signs. 26
(5) Evidence that a regulatory notice was erected or displayed at a place 27
37
James Cook University of North Queensland
SCHEDULE 1 (continued)
mentioned in subsection (1) is evidence that the notice was erected or 1
displayed by the university. 2
(6) A regulatory notice erected or displayed under this section must be 3
easily visible to passers by. 4
notices 5
Information
7.(1) This section applies if a regulatory notice does not state that a 6
contravention of a requirement of the notice is an offence against this Act 7
and the penalty for the offence. 8
(2) The university must erect or display at or near each vehicular entrance 9
to the university's land to which the regulatory notice relates, and other 10
places the vice-chancellor considers appropriate, information notices stating 11
that a contravention of a requirement of a regulatory notice is an offence and 12
the penalty for the offence. 13
(3) An information notice may contain any other information the 14
vice-chancellor considers appropriate. 15
(4) An information notice erected or displayed under this section must be 16
easily visible to passers by. 17
(5) In this section-- 18
"regulatory notice" does not include an official traffic sign. 19
and detention of illegally parked or abandoned vehicles 20
Removal
8.(1) An authorised person may seize, remove and hold, a vehicle that 21
the authorised person believes on reasonable grounds-- 22
(a) is parked in contravention of a regulatory notice; or 23
(b) is abandoned. 24
(2) The vehicle must be held at a safe place. 25
(3) An authorised person may exercise the powers given under 26
subsection (1)(a) only if-- 27
38
James Cook University of North Queensland
SCHEDULE 1 (continued)
(a) the authorised person believes on reasonable grounds that it is 1
necessary or desirable to seize and remove the vehicle having 2
regard to the safety and convenience of traffic on the university's 3
land; and 4
(b) the authorised person-- 5
(i) cannot immediately locate the driver of the vehicle; or 6
(ii) believes on reasonable grounds that the driver of the vehicle 7
is not willing or able to remove the vehicle immediately. 8
(4) As soon as is practicable and no later than 14 days after the vehicle is 9
seized, the university must give to the owner of the vehicle a written notice 10
stating how the owner may recover the vehicle. 11
(5) If the owner cannot be ascertained or located within 14 days after the 12
vehicle is seized, the notice may be given by publishing it in a newspaper 13
circulating generally in the State. 14
(6) If the vehicle was parked in contravention of a regulatory notice, the 15
owner of the vehicle must pay to the university the cost of seizing, 16
removing, holding and returning the vehicle. 17
(7) In this section-- 18
"vehicle" includes a part of the vehicle and anything attached to, or 19
contained in, the vehicle. 20
of unclaimed vehicles 21
Disposal
9.(1) This section applies if the owner of a seized vehicle does not 22
recover the vehicle within 2 months after notice is given to the owner under 23
section 8(4) or (5). 24
(2) After publishing a notice in a newspaper circulating generally in the 25
State, the university may sell the vehicle by public auction. 26
(3) The notice must-- 27
(a) identify the vehicle; and 28
(b) state that the vehicle is to be sold by auction; and 29
39
James Cook University of North Queensland
SCHEDULE 1 (continued)
(c) state how the owner may recover the vehicle before the auction; 1
and 2
(d) state the time and place of the auction. 3
(4) Compensation is not recoverable against the university for the sale of 4
a vehicle under this section. 5
(5) In this section-- 6
"vehicle" includes a part of the vehicle and anything attached to, or 7
contained in, the vehicle. 8
of proceeds of sale 9
Application
10.(1) The proceeds of the sale must be applied in the following order-- 10
(a) in payment of the reasonable expenses incurred in the sale; 11
(b) in payment of the reasonable cost of seizing, removing and 12
holding the vehicle; 13
(c) in payment of any balance to the owner. 14
(2) Compensation is not recoverable against the university for a payment 15
under this section. 16
ART 3--CONDUCT ON UNIVERSITY LAND 17
P
causing a public nuisance 18
Conduct
11. A person must not be disorderly or create a disturbance on the 19
university's land. 20
Maximum penalty--20 penalty units. 21
40
James Cook University of North Queensland
SCHEDULE 1 (continued)
to deal with persons causing a public nuisance 1
Power
12.(1) This section applies if a security officer-- 2
(a) finds a person contravening section 11; or 3
(b) finds a person in circumstances that leads the security officer to 4
suspect on reasonable grounds that the person has just 5
contravened section 11; or 6
(c) has information that leads the security officer to suspect on 7
reasonable grounds that a person has just contravened section 11; 8
or 9
(d) reasonably believes, having regard to the way a person is 10
behaving, that the person's presence may pose a threat to the 11
safety of someone else on, entering or leaving the land; or 12
(e) has information that leads the security officer to believe, on 13
reasonable grounds, that a person's presence may pose a threat to 14
the safety of someone else on, entering or leaving the land; or 15
(f) reasonably believes that a person is on the land without lawful 16
justification or excuse. 17
(2) The security officer may direct the person to leave the university's 18
land or a part of the university's land. 19
(3) A person must comply with a direction given to the person under 20
subsection (2), unless the person has a reasonable excuse for not complying 21
with it. 22
Maximum penalty--10 penalty units. 23
41
James Cook University of North Queensland
CHEDULE 2 1
¡S
ICTIONARY 2
D
section 3 3
"academic board" means the academic board of the university. 4
"academic staff", of the university, means-- 5
(a) the university's teaching and research staff; or 6
(b) staff of the university whose instrument of appointment by the 7
council states they are members of the academic staff. 8
"additional member" means a member of the council appointed under 9
section 16. 10
"appointed member" means a member of the council appointed under 11
section 14. 12
"appropriately qualified", for a delegate for a power, includes having the 13
qualifications, experience or standing appropriate to exercise the 14
power. 15
"authorised person" means a person holding office as an authorised 16
person because of an appointment under schedule 1, section 1. 17
"chancellor" means the chancellor of the university. 18
"college" includes a university institution. 19
"convocation" means the convocation of the university. 20
"council" means the council of the university. 21
"deputy chancellor" means the deputy chancellor of the university. 22
"designated purpose" see section 42. 23
"donor's purpose" see section 42. 24
"elected member" means a member of the council elected or appointed 25
under section 15. 26
42
James Cook University of North Queensland
SCHEDULE 2 (continued)
"general staff" means staff, other than academic staff, of the university. 1
"higher education award" has the meaning given by the Higher 2
Education (General Provisions) Act 1993. 3
"land", of the university, means land and buildings owned by or under the 4
control of the university. 5
"member" means a member of the council. 6
"official member" means a person who is an official member of the 7
council under section 13. 8
"official traffic sign" has the meaning given by the Traffic Act 1949. 9
"owner", of a vehicle, includes the person registered as the owner of the 10
vehicle under-- 11
(a) the Transport Infrastructure (Roads) Act 1991; or 12
(b) the corresponding law of another State or a Territory. 13
"regulatory notice" see schedule 1, section 6. 14
"requirement", of a regulatory notice, includes-- 15
(a) a direction on a regulatory notice; and 16
(b) a direction, indication or requirement, declared by university 17
statute as being a requirement of the notice. 18
"security officer" means a person holding office as a security officer 19
because of an appointment under schedule 1, section 1. 20
"staff association" means the industrial union or other entity that 21
represents members of the academic staff on industrial matters. 22
"State land" means land-- 23
(a) granted in trust, or reserved and set apart for a purpose, under the 24
Land Act 1994; and 25
(b) vested in or placed under the control of the university. 26
"student" means a student enrolled in the university. 27
"union" means the James Cook University of North Queensland Union. 28
43
James Cook University of North Queensland
SCHEDULE 2 (continued)
"university" means the James Cook University of North Queensland. 1
"university rules" means university rules made under section 60. 2
"university statute" means a university statute made under section 57. 3
"vehicle" has the meaning given by the Traffic Act 1949. 4
"vice-chancellor" means the vice-chancellor of the university. 5
6
© State of Queensland 1997
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