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Queensland
SUNSHINE COAST
UNIVERSITY COLLEGE
BILL 1994
Queensland
SUNSHINE COAST UNIVERSITY
COLLEGE BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Meaning of "academic staff" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--THE COLLEGE AND ITS COUNCIL
Division 1--College establishment and general functions and
powers
5 The College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Functions of College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 General powers of College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Council establishment and general functions and
powers
8 The Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Functions of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Powers of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Way Council must act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 3--Council composition and members
13 Membership of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Elected members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 When Council is taken to be properly constituted . . . . . . . . . . . . . . . . . . . . 15
2
Sunshine Coast University College
18 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Appointed members' term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Elected members' term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Additional members' term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Limit on consecutive terms of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Failure to elect or appoint elected members . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Person may act as appointed, elected or additional member . . . . . . . . . . . 16
25 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Eligibility for membership of Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4--Meetings of the Council
28 Who is to preside at meetings of the Council . . . . . . . . . . . . . . . . . . . . . . . . 18
29 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
30 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 3--CERTAIN OFFICERS OF THE COLLEGE
31 Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
32 Deputy Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33 Vice-Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
34 Acting Vice-Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 4--BODIES CONNECTED WITH THE COLLEGE
Division 1--College affiliated with Queensland University of
Technology
35 Affiliation with QUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
36 Agreement about affiliation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 Affiliation purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 College may offer facilities for QUT staff and students . . . . . . . . . . . . . . . . 22
39 Management of College funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
40 Resolution of difficulties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 2--Convocation
41 Convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 3--The Union
42 The Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
43 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Sunshine Coast University College
44 Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
45 Union is not Council's employee or agent . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
46 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
47 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 5--PROPERTY AND FINANCE
Division 1--Property held on trust or conditions
48 Amendment of terms of trusts and gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
49 Selection of designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
50 Approval of proposed scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
51 Property to be held for designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . 25
52 Certain persons to be given notice of scheme's approval . . . . . . . . . . . . . . 26
53 Amendment of approved scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
54 This Division does not limit College's powers under other laws . . . . . . . . . 26
55 College may carry out conditions of gift etc. . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 2--Dealing with State land by Council
56 Application of Land Act 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
57 College may grant lease over State land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--Finance
58 Trust funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
59 Powers of investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
60 Investment of amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
61 Application of revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
62 Financial accommodation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
63 College is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
64 Financial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
65 College is statutory body under the Financial Administration and
Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
66 College's financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 6--COLLEGE STATUTES
67 College statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
68 College statute's status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
69 College statutes affecting Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
4
Sunshine Coast University College
70 College rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 7--CONTROL OF TRAFFIC AND CONDUCT ON
COLLEGE LAND
Division 1--Authorised persons and security officers
71 Appointment of authorised persons and security officers . . . . . . . . . . . . . . . 32
72 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
73 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
74 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Traffic control
75 Persons authorised to control traffic on College's land . . . . . . . . . . . . . . . . 34
76 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
77 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
78 Removal and detention of illegally parked or abandoned vehicles . . . . . . . 35
79 Disposal of unclaimed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
80 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 3--Conduct on College's land
81 Conduct causing a public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
82 Power to deal with persons causing a public nuisance . . . . . . . . . . . . . . . . . 37
PART 8--MISCELLANEOUS
83 Forming and taking part in corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
84 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
85 College to be treated as a university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
86 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 9--SPECIAL ARRANGEMENTS ABOUT
ESTABLISHMENT OF THE COLLEGE
Division 1--First Council
87 First Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
88 Appointment of other members of first Council . . . . . . . . . . . . . . . . . . . . . . 40
89 Failure to appoint members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
90 When first Council is taken to be properly constituted . . . . . . . . . . . . . . . . 41
91 Acting members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
92 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
93 Eligibility for membership of first Council . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5
Sunshine Coast University College
94 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
95 First Council's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
96 Cessation of first Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 2--Other special arrangements
97 Planning President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
98 Planning President's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
99 Delegation by Planning President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
100 Acting Planning President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
101 Cessation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 3--Expiry of Part
102 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
1994
A BILL
FOR
An Act to establish the Sunshine Coast University College, and for
related purposes
8
Sunshine Coast University College
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
This Act may be cited as the Sunshine Coast University College 4
Clause1.
Act 1994. 5
6
Commencement
This Act (other than Part 2, Division 3, and Part 4, Divisions 2 7
Clause2.(1)
and 3) commences on 1 July 1994. 8
(2) Part 4, Divisions 2 and 3 commence on 1 January 1996. 9
(3) Part 2, Division 3 commences on 1 July 1996. 10
(4) However, a proclamation made before-- 11
(a) 1 January 1996--may fix a day earlier than 1 January 1996 for 12
the commencement of Part 4, Divisions 2 and 3; and 13
(b) 1 July 1996--may fix a day later than 1 July 1996 for the 14
commencement of Part 2, Division 3. 15
(5) Section 15DA of the Acts Interpretation Act 1954 does not apply to 16
this Act. 17
18
Definitions
In this Act-- 19
Clause3.
"academic staff" of the College has the meaning given by section 4; 20
"additional member" means a member of the Council appointed under 21
section 18; 22
"appointed member" means a member of the Council appointed under 23
section 15; 24
"authorised person" means a person holding office as an authorised 25
9
Sunshine Coast University College
person because of an appointment under section 71; 1
"Chancellor" means the Chancellor of the College; 2
"College" means the Sunshine Coast University College; 3
"College rules" means College rules made under section 70; 4
"College statute" means a College statute made under section 67; 5
"Convocation" means the Convocation of the College; 6
"Council" means the Council of the College; 7
"Deputy Chancellor" means the Deputy Chancellor of the College; 8
"elected member" means a member of the Council elected or appointed 9
under section 16; 10
"general staff" means staff (other than academic staff) of the College; 11
"higher education" has the meaning given by the Higher Education 12
(General Provisions) Act 1993; 13
"higher education award" has the meaning given by the Higher 14
Education (General Provisions) Act 1993; 15
"land" of the College means land and buildings owned by or under the 16
control of the College; 17
"member" means a member of the Council; 18
"official member" means a person who is an official member of the 19
Council under section 14; 20
"official traffic sign" has the meaning given by the Traffic Act 1949; 21
"owner" of a vehicle includes the person registered as the owner of the 22
vehicle under-- 23
(a) the Transport Infrastructure (Roads) Act 1991; or 24
(b) the corresponding law of another State or a Territory; 25
"Planning President" means the Planning President of the College; 26
"property", in Part 5, Division 1, includes income from the property and a 27
part or residue of the property; 28
"QUT" means the Queensland University of Technology; 29
10
Sunshine Coast University College
"requirement" of a regulatory notice includes-- 1
(a) a direction on a regulatory notice; and 2
(b) a direction, indication or requirement, declared by College statute 3
as being a requirement of the notice; 4
"security officer" means a person holding office as a security officer 5
because of an appointment under section 71; 6
"State land" means land-- 7
(a) granted in trust, or reserved and set apart for a purpose, under the 8
Land Act 1962; and 9
(b) vested in or placed under the control of the College; 10
"student" means a student enrolled in the College; 11
"Union" means the Sunshine Coast University College Student Union; 12
"vehicle" has the meaning given by the Traffic Act 1949; 13
"Vice-Chancellor" means the Vice-Chancellor of the College. 14
of "academic staff" 15
Meaning
The "academic staff" of the College consist of-- 16
Clause4.
(a) the College's teaching and research staff; and 17
(b) staff of the College whose instrument of appointment by the 18
Council states that they are members of the College's academic 19
staff. 20
ART 2--THE COLLEGE AND ITS COUNCIL 21
P
Division 1--College establishment and general functions and powers 22
College 23
The
Clause5.(1) The Sunshine Coast University College is established. 24
11
Sunshine Coast University College
(2) The College-- 1
(a) is a corporation; and 2
(b) has a seal; and 3
(c) may sue and be sued in its corporate name. 4
of College 5
Functions
Clause6. The College's functions are-- 6
(a) to provide education at university standard; and 7
(b) to provide facilities for study and research generally and, in 8
particular, about matters of particular importance to the people of 9
the region served by the College (the "region"); and 10
(c) to encourage, by study, research and in other ways, the 11
advancement and development of knowledge and the practical 12
application of knowledge to government, industry, commerce and 13
the community; and 14
(d) to provide courses of study or instruction (at the levels of 15
achievement the Council considers appropriate) to meet the needs 16
of the region; and 17
(e) to confer higher education awards; and 18
(f) to disseminate knowledge and promote scholarship; and 19
(g) to provide facilities and resources for the wellbeing of the 20
College's staff and students; and 21
(h) to exploit commercially, for the College's benefit, a facility or 22
resource of the College, including study, research or knowledge, 23
or the practical application of study, research or knowledge, 24
belonging to the College, whether alone or with someone else; 25
and 26
(i) to perform other functions given to the College under this or 27
another Act. 28
12
Sunshine Coast University College
powers of College 1
General
The College has all the powers of an individual, and may, for 2
Clause7.(1)
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 College has the powers given to 12
it under this or another Act. 13
(3) The College may exercise its powers inside or outside Queensland. 14
(4) Without limiting subsection (3), the College may exercise its powers 15
outside Australia. 16
2--Council establishment and general functions and powers 17
Division
Council 18
The
Clause8. There is a Council of the College. 19
of Council 20
Functions
Clause9.(1) The Council is the College's governing body. 21
(2) The Council has the functions conferred on it under this or another 22
Act. 23
of Council 24
Powers
The Council may do anything necessary to be done for, or in 25
Clause10.(1)
connection with, its functions. 26
13
Sunshine Coast University College
(2) Without limiting subsection (1), the Council has the powers given to 1
it under this or another Act and, in particular-- 2
(a) to appoint the College's staff; and 3
(b) to manage and control the College's affairs and property; and 4
(c) to manage and control the College's finances. 5
Council must act 6
Way
The Council must act in the way that appears to it to most likely 7
Clause11.
promote the interests of the College. 8
9
Delegation
Clause12.(1) The Council may delegate its powers under this Act to-- 10
(a) a member of the Council; or 11
(b) a committee of the Council; or 12
(c) a member of the College's staff. 13
(2) However, the Council may not delegate its power-- 14
(a) to make College statutes or College rules; or 15
(b) to adopt the College's annual budget; or 16
(c) to approve spending of funds available to the College by way of 17
bequest, donation or special grant. 18
Division 3--Council composition and members1 19
of Council 20
Membership
The Council consists of official members, appointed members 21
Clause13.(1)
1 This Division does not apply to the constitution of the first Council and, because
of this, it does not commence until 1 July 1996 or later (section 2). The first
Council is constituted under Part 9, Division 1.
14
Sunshine Coast University College
and elected members. 1
(2) The Council may also include additional members. 2
members 3
Official
Clause14.(1) There are 3 official members. 4
(2) The official members are-- 5
(a) the Chancellor; and 6
(b) the Vice-Chancellor; and 7
(c) the chief executive of the department or the chief executive's 8
nominee. 9
members 10
Appointed
Clause15.(1) There are 8 appointed members. 11
(2) The Governor in Council is to appoint the appointed members. 12
members 13
Elected
Clause16.(1) There are 8 elected members. 14
(2) The elected members are-- 15
(a) 3 members of the College's academic staff; and 16
(b) 1 member of the College's full-time general staff; and 17
(c) 2 members of the student body; and 18
(d) 2 members of the Convocation (other than persons mentioned in 19
paragraph (a), (b) or (c)). 20
(3) The elected members mentioned in subsection (2)(a), (b) or (d) are to 21
be elected by a ballot at which all the members of the entity to which the 22
members belong may vote. 23
(4) The elected members mentioned in subsection (2)(c) are to be elected 24
by a ballot at which all the College's students may vote. 25
(5) Despite subsection (3), the Council may authorise the Convocation to 26
15
Sunshine Coast University College
appoint the members mentioned in subsection (2)(d) rather than the 1
members being elected by the members of the Convocation. 2
Council is taken to be properly constituted 3
When
The Council is taken to be properly constituted when it has 10 or 4
Clause17.
more members. 5
members 6
Additional
Clause18.(1) There may be 2 additional members. 7
(2) The Council may appoint the additional members. 8
(3) An additional member must not be-- 9
(a) a member of the College's academic or full-time general staff; or 10
(b) a student. 11
members' term of office 12
Appointed
An appointed member is to be appointed for a term of not more 13
Clause19.
than 3 years. 14
members' term of office 15
Elected
Clause20.(1) An elected member holds office for 3 years. 16
(2) An elected member's term of office starts on the later of-- 17
(a) if the member is re-elected or reappointed--the day after the 18
member's previous term of office ends; or 19
(b) if paragraph (a) does not apply--the day after the day when the 20
term of office of the member's predecessor ends. 21
members' term of office 22
Additional
The appointment of an additional member is to be for a term of 23
Clause21.
not more than 3 years decided by the Council. 24
16
Sunshine Coast University College
on consecutive terms of office 1
Limit
Without the Minister's previous approval, a person must not be 2
Clause22.
elected or appointed to serve more than 2 consecutive terms of office as-- 3
(a) an appointed or additional member; or 4
(b) an elected member of the same type. 5
to elect or appoint elected members 6
Failure
Clause23.(1) If an entity permitted to elect or appoint elected members fails 7
to elect or appoint any or enough persons as elected members by a day 8
fixed by the Council by written notice given to the entity, the Minister may 9
appoint to the Council as many members of the entity as necessary to 10
satisfy section 16. 11
(2) A person appointed under subsection (1) is taken to have been elected 12
or appointed by the entity under section 16. 13
(3) This section applies to the periodic election or appointment of 14
members and an election or appointment required because of a casual 15
vacancy. 16
may act as appointed, elected or additional member 17
Person
The Governor in Council may appoint a person to act as an 18
Clause24.(1)
appointed member during any period, or during all periods, when the 19
member is absent from the State or, for another reason, cannot perform the 20
functions of the office. 21
(2) The Council may appoint a person to act as an additional member 22
during any period, or during all periods, when the member is absent from 23
the State or, for another reason, cannot perform the functions of the office. 24
(3) An entity permitted to elect or appoint elected members may appoint 25
a person to act as 1 of the elected members during any period, or during all 26
periods, when the member is absent from the State or, for another reason, 27
cannot perform the functions of the office. 28
17
Sunshine Coast University College
vacancies 1
Casual
If a vacancy happens in the office of an appointed member, 2
Clause25.(1)
someone else may be appointed a member by the Governor in Council. 3
(2) If a vacancy happens in the office of an elected member appointed by 4
the Convocation, another eligible member of the Convocation may be 5
elected or appointed a member of the Council. 6
(3) If a vacancy happens in the office of another elected member, another 7
eligible person may be elected by the entity concerned to fill the vacancy. 8
(4) A person appointed or elected to fill a vacancy is appointed or elected 9
for the balance of the term of office of the member's predecessor. 10
for membership of Council 11
Eligibility
A person is not eligible to become an elected, appointed or 12
Clause26.
additional member if-- 13
(a) the person is bankrupt or is otherwise taking advantage of the 14
laws in force about bankruptcy; or 15
(b) the person has been found guilty of an indictable offence. 16
of office 17
Vacation
The office of an elected, appointed or additional member 18
Clause27.(1)
becomes vacant if-- 19
(a) the member dies; or 20
(b) for an elected or additional member--the member ceases to be 21
eligible to become a member of the type concerned; or 22
(c) the member is absent without the Council's leave and without 23
reasonable excuse from every meeting of the Council in a period 24
of 6 months; or 25
(d) the member becomes an official member; or 26
(e) the member resigns from office by signed notice-- 27
(i) if the member is an appointed member--given to the 28
Minister; or 29
18
Sunshine Coast University College
(ii) if the member is an elected or additional member--given to 1
the Vice-Chancellor. 2
(2) A resignation takes effect on the day the notice of resignation is given 3
to the Minister or the Vice-Chancellor or, if a later day of effect is specified 4
in the notice, the later day. 5
4--Meetings of the Council 6
Division
is to preside at meetings of the Council 7
Who
Clause28.(1) The Chancellor must preside at meetings of the Council. 8
(2) If the Chancellor and the Deputy Chancellor are both absent from a 9
meeting of the Council or the offices are vacant, the members present must 10
elect a member to preside at the meeting. 11
uorum 12
Q
A quorum exists at a meeting of the Council if at least half the 13
Clause29.
members are present. 14
of meetings 15
Conduct
The Council may otherwise regulate its proceedings as it 16
Clause30.
considers appropriate. 17
ART 3--CERTAIN OFFICERS OF THE COLLEGE 18
P
19
Chancellor
Clause31.(1) There is a Chancellor of the College. 20
(2) The Council must elect a Chancellor whenever there is a vacancy in 21
the office. 22
(3) The Chancellor need not be a member. 23
19
Sunshine Coast University College
(4) The Chancellor holds office for the period fixed by the Council. 1
(5) The period must not be longer than 5 years. 2
Chancellor 3
Deputy
Clause32.(1) There is a Deputy Chancellor of the College. 4
(2) The Council must elect a member as Deputy Chancellor whenever 5
there is a vacancy in the office. 6
(3) The Deputy Chancellor holds office for 1 year. 7
(4) The Deputy Chancellor is to act as Chancellor-- 8
(a) when there is a vacancy in the office; and 9
(b) while the Chancellor is absent from the State or, for another 10
reason, cannot perform the functions of the office. 11
12
Vice-Chancellor
Clause33.(1) There is a Vice-Chancellor of the College. 13
(2) The Council must appoint a Vice-Chancellor whenever there is a 14
vacancy in the office. 15
(3) The terms of appointment are as decided by the Council. 16
(4) The appointment, and the terms of appointment, are of no effect 17
unless approved by the Governor in Council. 18
(5) The Vice-Chancellor is the chief executive officer of the College and 19
may exercise the powers and perform the functions conferred on the 20
Vice-Chancellor by this or another Act or the Council. 21
(6) The Vice-Chancellor may delegate powers of the Vice-Chancellor 22
under this or another Act to a member of the College's staff. 23
Vice-Chancellor 24
Acting
Clause34. The Council may appoint a person to act as Vice-Chancellor-- 25
(a) during any vacancy, or during all vacancies, in the office; and 26
(b) during any period, or during all periods, when the 27
20
Sunshine Coast University College
Vice-Chancellor is absent from the State or, for another reason, 1
cannot perform the functions of the office. 2
PART 4--BODIES CONNECTED WITH THE 3
COLLEGE 4
1--College affiliated with Queensland University of Technology 5
Division
with QUT 6
Affiliation
Clause35. The College is affiliated with QUT. 7
about affiliation 8
Agreement
As soon as possible after the commencement of this section, 9
Clause36.(1)
the College and QUT must enter into an agreement (the "affiliation 10
agreement") about the way the affiliation will operate. 11
(2) Apart from matters mentioned in this Part, the affiliation agreement 12
may specify terms for the supply by QUT of academic and administrative 13
services for the College. 14
purposes 15
Affiliation
Clause37.(1) A purpose of the affiliation is-- 16
(a) to meet Commonwealth requirements for access to funds under 17
the Commonwealth's Unified National System of Higher 18
Education; and 19
(b) to enable QUT to negotiate for the College with the 20
Commonwealth about the College's educational profile and 21
funding. 22
(2) QUT must allow 2 persons nominated by the Council to take part in 23
negotiations with the Commonwealth about the College's educational 24
profile and funding. 25
21
Sunshine Coast University College
(3) QUT must not agree to the College's educational profile or funding 1
without the Council's approval. 2
(4) Apart from negotiating with the Commonwealth for the College, 3
QUT must help the College become a provider of higher education in the 4
region served by the College. 5
(5) The ways in which QUT may help the College include-- 6
(a) by providing general academic quality assurance for the College 7
in the way agreed between it and the College, including, for 8
example-- 9
(i) contributing to the development by the College of quality 10
teaching programs, whether by the College alone or jointly 11
with QUT; and 12
(ii) promoting and helping in the teaching and supervision of 13
students of the College and QUT; and 14
(iii) promoting and encouraging appropriate research among 15
students and staff of the College and QUT; and 16
(iv) in areas of common interest, promoting a cooperative 17
teaching and research effort between the College's and 18
QUT's staff; and 19
(v) helping the College in the selection of senior staff of the 20
College; and 21
(b) by making teaching and research facilities available at QUT for 22
the College's staff; and 23
(c) by making study and research facilities available at QUT for the 24
College's students. 25
(6) The facilities mentioned in subsection (5)(b) and (c) are to be made 26
available under an agreement between the Vice-Chancellor of QUT and the 27
Vice-Chancellor of the College. 28
(7) QUT must bear the cost of making the facilities available unless the 29
agreement otherwise provides. 30
22
Sunshine Coast University College
may offer facilities for QUT staff and students 1
College
As part of the affiliation, the Vice-Chancellor may agree with 2
Clause38.(1)
the Vice-Chancellor of QUT-- 3
(a) to make teaching and research facilities available at the College for 4
staff of QUT; and 5
(b) to make study and research facilities available at the College for 6
students of QUT. 7
(2) The College must bear the cost of making the facilities available 8
unless the agreement otherwise provides. 9
of College funds 10
Management
Clause39. QUT must pay into a separate fund kept for the purpose-- 11
(a) amounts the Commonwealth pays to QUT for the College; and 12
(b) amounts agreed between the State and QUT. 13
of difficulties 14
Resolution
If a dispute about any aspect of the affiliation cannot be 15
Clause40.(1)
resolved between QUT and the College, either party may ask the Minister to 16
resolve the dispute. 17
(2) QUT and the College must give effect to the Minister's decision. 18
2--Convocation2 19
Division
20
Convocation
Clause41.(1) A Convocation of the College is established. 21
(2) The Council is to decide the membership of the Convocation by 22
College statute. 23
(3) The Council is to decide-- 24
2 This Division commences on 1 January 1996 (section 2(2)) unless an earlier day
is fixed under section 2(4)(a).
23
Sunshine Coast University College
(a) how meetings of the Convocation are to be called; and 1
(b) how the Convocation is to conduct its proceedings; and 2
(c) if and how members of the Convocation are to be appointed as 3
members of the Council; and 4
(d) the quorum of a meeting of the Convocation; and 5
(e) the powers and functions of the Convocation. 6
Division 3--The Union3 7
Union 8
The
The Sunshine Coast University College Student Union is 9
Clause42.(1)
established. 10
(2) The Union-- 11
(a) is a corporation with perpetual succession; and 12
(b) has a common seal; and 13
(c) may sue and be sued in its corporate name. 14
15
Composition
Clause43. The persons who are eligible to be members of the Union are-- 16
(a) students; and 17
(b) persons eligible for membership under the Union's constitution. 18
19
Role
Clause44.(1) The Union has the role and powers specified in its constitution. 20
(2) The Union also has the role and powers decided by the Council. 21
3 This Division commences on 1 January 1996 (section 2(2)) unless an earlier day
is fixed under section 2(4)(a).
24
Sunshine Coast University College
is not Council's employee or agent 1
Union
The Union is not the employee or agent of the Council merely 2
Clause45.
because of section 44. 3
powers 4
General
Without limiting section 44, the Union has all the powers of an 5
Clause46.
individual and may for example acquire, hold and dispose of, or deal with, 6
property. 7
8
Constitution
Clause47.(1) The Union must have a written constitution. 9
(2) The Union's constitution, and each amendment of the constitution, 10
must be submitted to the Council for its approval. 11
(3) The constitution or amendment has no effect until approved by the 12
Council. 13
ART 5--PROPERTY AND FINANCE 14
P
Division 1--Property held on trust or conditions 15
of terms of trusts and gifts 16
Amendment
If-- 17
Clause48.
(a) property is held by the College on terms requiring the property to 18
be used for a particular purpose (the "donor's purpose"); and 19
(b) either-- 20
(i) in the Council's opinion, the donor's purpose-- 21
(A) has been wholly or substantially achieved; or 22
(B) no longer exists; or 23
25
Sunshine Coast University College
(C) has been adequately provided for in another way; or 1
(D) is uncertain, cannot be identified, or is insufficiently 2
defined; or 3
(E) becomes impossible, impractical or inexpedient to carry 4
out; or 5
(ii) the property is inadequate for the purpose; 6
the Council may devise a scheme (the "proposed scheme") for the use of 7
the property for another purpose (the "designated purpose"). 8
of designated purpose 9
Selection
In selecting the designated purpose, the Council must prefer a 10
Clause49.(1)
purpose that-- 11
(a) is as nearly similar as practicable to the donor's purpose; and 12
(b) can practically and conveniently be achieved. 13
(2) However, the proposed scheme is not invalid merely because another 14
designated purpose may have been more properly selected under 15
subsection (1). 16
of proposed scheme 17
Approval
A proposed scheme is of no effect until it is approved by the 18
Clause50.(1)
Governor in Council and the approval is notified in the Gazette. 19
(2) The Governor in Council may modify the proposed scheme before 20
approving it. 21
(3) On approval, the proposed scheme becomes an approved scheme. 22
(4) The College must give a copy of the approved scheme to anybody 23
who requests it. 24
(5) The copy must be given free of charge. 25
to be held for designated purpose 26
Property
Property to which the approved scheme applies is to be held by 27
Clause51.
26
Sunshine Coast University College
the College for the property's designated purpose instead of the donor's 1
purpose. 2
persons to be given notice of scheme's approval 3
Certain
If the approved scheme applies to land, the College must, within 4
Clause52.
1 month of notification of the scheme's approval in the Gazette under 5
section 50, give a copy of the approved scheme to the person responsible 6
for keeping a register of interests in the land. 7
of approved scheme 8
Amendment
Clause53.(1) The Council may amend the approved scheme. 9
(2) Sections 48 to 52 apply to the amendment of the approved scheme in 10
the same way as they apply to the original approved scheme. 11
(3) For the purpose of applying the sections, a reference to the donor's 12
purpose is taken to be a reference to the designated purpose of the approved 13
scheme that is to be amended. 14
Division does not limit College's powers under other laws 15
This
This Division does not, by implication, limit the College's 16
Clause54.
powers and rights under any other law about property held on trust by the 17
College. 18
may carry out conditions of gift etc. 19
College
The College may agree to and carry out any conditions of a gift, 20
Clause55.
grant, bequest, devise or other way by which it takes or acquires any 21
property. 22
Division 2--Dealing with State land by Council 23
of Land Act 1962 24
Application
Subject to section 57, State land is held and may be disposed of 25
Clause56.
under the Land Act 1962. 26
27
Sunshine Coast University College
may grant lease over State land 1
College
Clause57.(1) The College may only grant an interest in State land by way of 2
lease. 3
(2) The lease must-- 4
(a) be for a term of not more than 20 years; and 5
(b) not contain a covenant, agreement or option for the renewal of the 6
lease or the purchase of the land; and 7
(c) be for the highest annual rent that can reasonably be obtained 8
without taking a fine, premium or other consideration for the 9
grant of the lease and having regard to the purpose for which the 10
land is to be used. 11
Division 3--Finance 12
rust funds 13
T
Clause58. The College may establish or administer trust funds. 14
of investment 15
Powers
The College may establish an investment common fund for 16
Clause59.(1)
the collective investment of trust funds or other amounts held by the 17
College. 18
(2) The College may add amounts to or withdraw amounts from the 19
investment common fund, without incurring any liability for breach of trust. 20
(3) The College must periodically distribute the income of the investment 21
common fund among each of the funds forming the investment common 22
fund (a "component fund") having regard to the share of each component 23
fund in the investment common fund. 24
(4) Despite subsection (3), if a component fund consists of an amount 25
received for use for a stated purpose and the amount cannot or will not be 26
used for the purpose immediately, income attributable to the share of the 27
amount in the investment common fund may be paid into the general funds 28
of the College if the income is not needed immediately for the stated 29
28
Sunshine Coast University College
purpose. 1
(5) Despite subsection (3), the College may-- 2
(a) add a part of the income of the investment common fund to the 3
fund's capital; or 4
(b) use a part of the income to establish or augment another fund to 5
make provision against capital depreciation or reduction of 6
income. 7
of amounts 8
Investment
The College may invest amounts held by the College 9
Clause60.(1)
(including trust funds) only in authorised trustee investments. 10
(2) Subsection (1) does not authorise the investment of trust funds or 11
other amounts-- 12
(a) in a way that is contrary to the instrument creating the trust; or 13
(b) in a way that is a breach of a condition under which the funds or 14
amounts were acquired. 15
(3) If an amount is held by the College subject to a condition, this section 16
does not prevent the College holding or dealing with the amount under the 17
condition. 18
of revenue 19
Application
Subject to the terms of a relevant trust, amounts received by 20
Clause61.(1)
the College from any source are to be applied solely to College purposes. 21
(2) To remove any doubt, each of the following purposes is a College 22
purpose-- 23
(a) enabling a student or staff member, or former student or staff 24
member, of the College to undertake study or research at the 25
College or elsewhere; 26
(b) the advancement of learning generally; 27
(c) helping a body affiliated or associated with the College. 28
29
Sunshine Coast University College
accommodation 1
Financial
The College may, with the approval of the Governor in 2
Clause62.(1)
Council, obtain advances-- 3
(a) by a loan from the Treasurer; or 4
(b) by a loan or overdraft from a financial institution; or 5
(c) by a loan from someone else. 6
(2) The College must obtain the Treasurer's approval before entering into 7
negotiations with a person mentioned in subsection (1)(b) or (c). 8
(3) A loan under subsection (1)(c) is subject to the security, rate of 9
interest and other terms being agreed to by the College and approved by the 10
Governor in Council. 11
is statutory body under the Statutory Bodies Financial 12
College
Arrangements Act 1982 13
Clause63. To remove any doubt, it is declared that the College is a statutory 14
body under the Statutory Bodies Financial Arrangements Act 1982. 15
review 16
Financial
Clause64.(1) The Council must, in each year, adopt a budget for the College 17
for the next year. 18
(2) In framing the budget the Council need not take account of amounts 19
mentioned in subsection (4). 20
(3) The Council must control its spending as nearly as possible within 21
the limits of the approved budget. 22
(4) The Council must carry out an annual review of-- 23
(a) amounts available, or expected to be available, to the College by 24
way of bequest, donation or special grant; and 25
(b) the spending of the amounts. 26
30
Sunshine Coast University College
is statutory body under the Financial Administration and 1
College
Audit Act 1977 2
Clause65. To remove any doubt, it is declared that the College is a statutory 3
body under the Financial Administration and Audit Act 1977. 4
financial year 5
College's
Clause66. The College's financial year is a calendar year. 6
ART 6--COLLEGE STATUTES 7
P
statutes 8
College
Clause67.(1) The Council may make College statutes. 9
(2) A College statute may only be made about-- 10
(a) the admission of students; and 11
(b) the disciplining of students; and 12
(c) the fees to be paid-- 13
(i) for examinations; or 14
(ii) for attendance at lectures and classes of the College; or 15
(iii) for the use of the College's facilities; and 16
(d) the membership of Convocation; and 17
(e) the conduct of a ballot for the election of elected members; and 18
(f) the making and notifying of College rules; and 19
(g) the ownership and exploitation of inventions and discoveries 20
made by the College's staff or using its facilities; and 21
(h) a direction, indication or requirement for a regulatory notice. 22
(3) Without limiting subsection (2)(b), a College statute may authorise 23
the Council or a member of the College's staff to impose a penalty (not 24
more than 10 penalty units) for a breach of a provision of a College statute 25
31
Sunshine Coast University College
about the discipline of students and may provide for its recovery and 1
enforcement. 2
statute's status 3
College
Clause68. A College statute-- 4
(a) is subordinate legislation; and 5
(b) is an exempt instrument under the Legislative Standards Act 6
1992. 7
statutes affecting Union 8
College
A College statute affecting the Union's role or powers may be 9
Clause69.(1)
made only if the Council-- 10
(a) has given the Union a copy of the proposed statute at least 11
28 days before making it; and. 12
(b) has considered the comments (if any) given to it by the Union 13
under subsection (2). 14
(2) The Union may give the Council written comments about the 15
proposed College statute within 14 days of receiving the copy. 16
(3) The Council may amend the proposed College statute to take account 17
of any of the comments. 18
(4) If the Council amends the proposed College statute to take account of 19
any of the comments, it does not have to give the Union a copy of the 20
proposed statute before making it. 21
rules 22
College
Clause70.(1) The Council may make College rules under a College statute. 23
(2) If a College rule is inconsistent with this Act or a College statute, the 24
rule is invalid to the extent of the inconsistency. 25
(3) A College rule-- 26
(a) must be notified in the way required by College statute; and 27
(b) takes effect on the day of its notification or, if a later day or time 28
32
Sunshine Coast University College
is fixed in the rule, on the day or at the time fixed. 1
(4) On the day a College rule is notified under subsection (3)(a) or as 2
soon as practicable after that day, copies of the rule must be available to be 3
obtained (by purchase or otherwise) at the place, or at each of the places, 4
specified in the notice. 5
(5) Failure to comply with subsection (4) does not affect the validity of 6
the notification under subsection (3)(a). 7
PART 7--CONTROL OF TRAFFIC AND CONDUCT 8
ON COLLEGE LAND 9
1--Authorised persons and security officers 10
Division
of authorised persons and security officers 11
Appointment
The Vice-Chancellor may, in writing, appoint a person who 12
Clause71.(1)
the Vice-Chancellor is satisfied has the necessary training, or knowledge 13
and experience, to be an authorised person under this Act. 14
(2) The Vice-Chancellor may, in writing, appoint a person who the 15
Vice-Chancellor is satisfied has the necessary training, or knowledge and 16
experience, to be a security officer under this Act. 17
(3) A person may be appointed both an authorised person and a security 18
officer. 19
of appointment 20
Terms
An authorised person or security officer holds office on the 21
Clause72.(1)
conditions specified in the instrument of appointment. 22
(2) An authorised person or security officer-- 23
(a) if the appointment provides for a term of appointment--ceases to 24
hold office as an authorised person or security officer at the end 25
33
Sunshine Coast University College
of the term; and 1
(b) may resign by signed notice given to the Vice-Chancellor. 2
cards 3
Identity
The Vice-Chancellor must issue an identity card to each 4
Clause73.(1)
authorised person and security officer. 5
(2) The identity card must-- 6
(a) contain a recent photograph of the authorised person or security 7
officer; and 8
(b) be in a form approved by the Vice-Chancellor; and 9
(c) be signed by the authorised person or security officer. 10
(3) A person who ceases to be an authorised person or security officer 11
must, as soon as practicable, return the person's identity card to the 12
Vice-Chancellor, unless the person has a reasonable excuse for not 13
returning it. 14
Maximum penalty for subsection (3)--10 penalty units. 15
of authority 16
Proof
An authorised person or security officer may exercise a power 17
Clause74.(1)
under this Act in relation to someone else only if the person or officer-- 18
(a) first produces his or her identity card for inspection by the other 19
person; or 20
(b) has his or her identity card displayed so that it is clearly visible. 21
(2) If, for any reason, it is not practicable to comply with subsection (1), 22
the authorised person or security officer must produce the identity card for 23
inspection by the person at the first reasonable opportunity. 24
(3) If subsection (2) is relevant and is complied with by an authorised 25
person or security officer, the exercise of a power in relation to someone 26
else by the authorised person or security officer is not invalid merely 27
because of subsection (1). 28
34
Sunshine Coast University College
Division 2--Traffic control 1
authorised to control traffic on College's land 2
Persons
Clause75.(1) An authorised person may control traffic on the College'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
The College may erect or display on, or at or near any 10
Clause76.(1)
vehicular entrance to, the College's land, a notice (a "regulatory notice") 11
regulating the driving, parking or standing of vehicles on the land, 12
including, for 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 College's land must comply with a regulatory notice, 18
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 specify 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 this Act and the penalty for the offence. 24
(4) Without limiting subsection (1), the College 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
mentioned in subsection (1) is evidence that the notice was erected or 28
displayed by the College. 29
35
Sunshine Coast University College
(6) A regulatory notice erected or displayed under this section must be 1
easily visible to passers by. 2
notices 3
Information
This section applies if a regulatory notice does not state that a 4
Clause77.(1)
contravention of a requirement of the notice is an offence against this Act 5
and the penalty for the offence. 6
(2) The College must erect or display at or near each vehicular entrance to 7
the College's land to which the regulatory notice relates, and other places the 8
Vice-Chancellor considers appropriate, information notices stating that a 9
contravention of a requirement of a regulatory notice is an offence and the 10
penalty for the offence. 11
(3) An information notice may contain any other information the 12
Vice-Chancellor considers appropriate. 13
(4) An information notice erected or displayed under this section must be 14
easily visible to passers by. 15
(5) In this section-- 16
"regulatory notice" does not include an official traffic sign. 17
and detention of illegally parked or abandoned vehicles 18
Removal
An authorised person may seize, remove and hold, a vehicle 19
Clause78.(1)
that the authorised person believes on reasonable grounds-- 20
(a) is parked in contravention of a regulatory notice; or 21
(b) is abandoned. 22
(2) The vehicle must be held at a safe place. 23
(3) An authorised person may exercise the powers given under 24
subsection (1)(a) only if-- 25
(a) the authorised person believes on reasonable grounds that it is 26
necessary or desirable to seize and remove the vehicle having 27
regard to the safety and convenience of traffic on the College's 28
land; and 29
(b) the authorised person-- 30
36
Sunshine Coast University College
(i) cannot immediately locate the driver of the vehicle; or 1
(ii) believes on reasonable grounds that the driver of the vehicle 2
is not willing or able to remove the vehicle immediately. 3
(4) As soon as is practicable and no later than 14 days after the vehicle is 4
seized, the College must give to the owner of the vehicle a written notice 5
stating how the owner may recover the vehicle. 6
(5) If the owner cannot be decided or located within 14 days after the 7
vehicle is seized, the notice may be given by publishing it in a newspaper 8
circulating generally in the State. 9
(6) If the vehicle was parked in contravention of a regulatory notice, the 10
owner of the vehicle must pay to the College the cost of seizing, removing, 11
holding and returning the vehicle. 12
(7) In this section-- 13
"vehicle" includes a part of the vehicle and anything attached to, or 14
contained in, the vehicle. 15
of unclaimed vehicles 16
Disposal
This section applies if the owner of a seized vehicle does not 17
Clause79.(1)
recover the vehicle within 2 months after notice is given to the owner under 18
section 78(4) or (5). 19
(2) After publishing a notice in a newspaper circulating generally in the 20
State, the College may sell the vehicle by public auction. 21
(3) The notice must-- 22
(a) identify the vehicle; and 23
(b) state that the vehicle is to be sold by auction; and 24
(c) specify how the owner may recover the vehicle before the 25
auction; and 26
(d) specify the time and place of the auction. 27
(4) Compensation is not recoverable against the College for the sale of a 28
vehicle under this section. 29
(5) In this section-- 30
37
Sunshine Coast University College
"vehicle" includes a part of the vehicle and anything attached to, or 1
contained in, the vehicle. 2
of proceeds of sale 3
Application
The proceeds of the sale must be applied in the following 4
Clause80.(1)
order-- 5
(a) in payment of the reasonable expenses incurred in the sale; 6
(b) in payment of the reasonable cost of seizing, removing and 7
holding the vehicle; 8
(c) in payment of any balance to the owner. 9
(2) Compensation is not recoverable against the College for a payment 10
under this section. 11
Division 3--Conduct on College's land 12
causing a public nuisance 13
Conduct
A person must not be disorderly or create a disturbance on the 14
Clause81.
College's land. 15
Maximum penalty--20 penalty units. 16
to deal with persons causing a public nuisance 17
Power
Clause82.(1) This section applies if a security officer-- 18
(a) finds the person contravening section 81; or 19
(b) finds the person in circumstances that leads the security officer to 20
suspect on reasonable grounds that the person has just 21
contravened section 81; or 22
(c) has information that leads the security officer to suspect on 23
reasonable grounds that the person has just contravened 24
section 81; or 25
(d) reasonably believes, having regard to the way the person is 26
behaving, that the person's presence may pose a threat to the 27
38
Sunshine Coast University College
safety of anyone else on or leaving the land; or 1
(e) has information that leads the security officer to believe, on 2
reasonable grounds, the person's presence may pose a threat to 3
the safety of anyone else on or leaving the land; or 4
(f) reasonably believes the person is on the land without lawful 5
justification or excuse. 6
(2) The security officer may direct the person to leave the College's land 7
or a part of the College's land. 8
(3) A person must not fail to comply with a direction given to the person 9
under subsection (2), unless the person has a reasonable excuse for not 10
complying with it. 11
Maximum penalty--10 penalty units. 12
ART 8--MISCELLANEOUS 13
P
and taking part in corporations 14
Forming
The College may be a member of, form, take part in forming 15
Clause83.(1)
or manage a corporation whose objects include any of the following 16
objects-- 17
(a) making available facilities for study, research or education; 18
(b) performing research, development, consultancy or other services 19
for public or private entities; 20
(c) helping or engaging in the development or promotion of the 21
College's research or the application or use of the results of the 22
research; 23
(d) preparing, publishing, distributing or licensing the use of literary 24
or artistic work, audio or audio visual material or computer 25
software; 26
(e) exploiting commercially a facility or resource of the College, 27
including, for example, study, research or knowledge, or the 28
practical application of study, research or knowledge, developed 29
39
Sunshine Coast University College
by or belonging to the College, whether alone or with someone 1
else ; 2
(f) seeking or encouraging gifts to the College or for the College's 3
purposes; 4
(g) another object, consistent with this Act, that the Council considers 5
is appropriate in the circumstances. 6
(2) The College, or a corporation managed by the College or of which the 7
College is a member, may enter into an agreement or arrangement with a 8
corporation whose objects include an object mentioned in subsection (1) for 9
the purpose of achieving the object. 10
(3) This section does not limit the powers that the College has apart from 11
this section. 12
of facilities and staff 13
Use
The College may enter into a contract or other arrangement 14
Clause84.(1)
with an entity for the use of the College's facilities and staff. 15
(2) This section does not limit the powers that the College has apart from 16
this section. 17
to be treated as a university 18
College
The College is a university for the purposes of the Higher 19
Clause85.
Education (General Provisions) Act 1993. 20
of Act 21
Review
The Minister must review the College's status and affiliation 22
Clause86.
arrangements as soon as possible after 10 years from the commencement 23
of this Act. 24
40
Sunshine Coast University College
PART 9--SPECIAL ARRANGEMENTS ABOUT 1
ESTABLISHMENT OF THE COLLEGE 2
1--First Council 3
Division
Council 4
First
Until the Council is constituted under section 13, the Council 5
Clause87.(1)
(the "first Council") is to consist of-- 6
(a) the Chancellor; and 7
(b) the Vice-Chancellor; and 8
(c) the chief executive of the department or the chief executive's 9
nominee; and 10
(d) 3 members nominated by QUT and appointed by the Minister; 11
and 12
(e) 6 members appointed by the Governor in Council; and 13
(f) 3 other members appointed under section 88. 14
(2) The first Council may also appoint 2 members who are not persons 15
mentioned in section 88(1)(a), (b) or (c). 16
(3) The Planning President is a member of the first Council until the 17
Vice-Chancellor takes office. 18
of other members of first Council 19
Appointment
The first Council must appoint as members under 20
Clause88.(1)
section 87(1)(f)-- 21
(a) 1 member of the College's academic staff; and 22
(b) 1 member of the College's full-time general staff; and 23
(c) either-- 24
(i) a student; or 25
(ii) an enrolled student of QUT who, in the Council's opinion, 26
has an interest in the provision of higher education on the 27
41
Sunshine Coast University College
Sunshine Coast. 1
(2) The appointments must be made as soon as possible after the first 2
Council is constituted. 3
(3) However, before the first Council appoints a member mentioned in 4
subsection (1)(a), (b) or (c)(ii), the Council must consult with and have 5
regard to the views of-- 6
(a) for the member mentioned in subsection (1)(a)--the College's 7
academic staff and any entity representing the staff; and 8
(b) for the member mentioned in subsection (1)(b)--the College's 9
full-time general staff and any entity representing the staff; and 10
(c) for the member mentioned in subsection (1)(c)(ii)--the 11
Queensland University of Technology Student Guild. 12
(4) Subsection (3) also applies to an appointment required because of a 13
casual vacancy. 14
to appoint members 15
Failure
If the first Council fails to appoint a member of the Council 16
Clause89.(1)
under section 88 by a day fixed by the Minister by written notice given to 17
the Council, the Minister may appoint an eligible person as a member. 18
(2) A person appointed under subsection (1) is taken to have been 19
appointed by the first Council. 20
(3) This section also applies to an appointment required because of a 21
casual vacancy. 22
first Council is taken to be properly constituted 23
When
Clause90. The first Council is taken to be properly constituted when it has 7 24
or more members. 25
members 26
Acting
The Minister may appoint a person to act as a member 27
Clause91.(1)
mentioned in section 87(1)(d) during any period, or during all periods, 28
when the member is absent from the State or, for another reason, cannot 29
42
Sunshine Coast University College
perform the functions of the office. 1
(2) The Governor in Council may appoint a person to act as a member 2
mentioned in section 87(1)(e) during any period, or during all periods, 3
when the member is absent from the State or, for another reason, cannot 4
perform the functions of the office. 5
(3) The first Council may appoint a person to act as a member mentioned 6
in section 87(1)(f) or (2) during any period, or during all periods, when the 7
member is absent from the State or, for another reason, cannot perform the 8
functions of the office. 9
vacancies 10
Casual
If a vacancy happens in the office of a member appointed by 11
Clause92.(1)
the Governor in Council, someone else may be appointed a member by the 12
Governor in Council. 13
(2) If a vacancy happens in the office of a member appointed by the 14
Minister, another eligible person may be appointed a member by the 15
Minister. 16
(3) If a vacancy happens in the office of a member appointed by the first 17
Council, another eligible person may be appointed a member by the 18
Council. 19
(4) A member appointed to fill a vacancy is appointed for the balance of 20
the term of office of the member's predecessor. 21
for membership of first Council 22
Eligibility
A person is not eligible to become a member of the first Council 23
Clause93.
mentioned in section 87(1)(d), (e) or (f) or (2) if-- 24
(a) the person is bankrupt or is otherwise taking advantage of the 25
laws in force about bankruptcy; or 26
(b) the person has been found guilty of an indictable offence. 27
of office 28
Vacation
The office of a member of the first Council mentioned in 29
Clause94.(1)
43
Sunshine Coast University College
section 87(1)(d), (e) or (f) or (2) becomes vacant if-- 1
(a) the member dies; or 2
(b) for a member mentioned in section 87(1)(f)--the member ceases 3
to be eligible to become a member of the type concerned; or 4
(c) the member is absent without the Council's leave and without 5
reasonable excuse from every meeting of the Council in a period 6
of 6 months; or 7
(d) the member resigns from office by signed notice-- 8
(i) if the member is appointed by the Minister or the Governor 9
in Council--given to the Minister; or 10
(ii) if the member is appointed by the Council--given to the 11
Vice-Chancellor. 12
(2) A resignation takes effect on the day the notice of resignation is given 13
to the Minister or the Vice-Chancellor or, if a later day of effect is specified 14
in the notice, the later day. 15
Council's functions 16
First
Without limiting section 9, the first Council must ensure that 17
Clause95.(1)
all necessary steps are taken to enable a Council to be constituted under 18
section 13 no later than-- 19
(a) if a day is fixed under section 2(4)(b)--that day; or 20
(b) if paragraph (a) does not apply--1 July 1996. 21
(2) The steps that must be taken under subsection (1) include holding 22
elections to elect the elected members of the Council that are to be elected. 23
of first Council 24
Cessation
The members of the first Council go out of office when 25
Clause96.(1)
section 13 commences. 26
(2) However, the Chancellor and Vice-Chancellor do not cease to hold 27
office merely because of subsection (1). 28
44
Sunshine Coast University College
2--Other special arrangements 1
Division
President 2
Planning
Clause97.(1) There is a Planning President for the College. 3
(2) The Council of QUT is to appoint a Planning President whenever 4
there is a vacancy in the office. 5
(3) The person appointed must be a member of QUT's staff. 6
(4) The Planning President holds office on the terms decided by the 7
Council of QUT. 8
(5) The Planning President is seconded to the College but remains a 9
member of QUT's staff. 10
President's functions 11
Planning
Clause98. The Planning President has-- 12
(a) the functions and powers conferred on the Planning President by 13
the Council; and 14
(b) the functions and powers of the Vice-Chancellor. 15
by Planning President 16
Delegation
The Planning President may delegate the Planning President's 17
Clause99.
powers under this or another Act to a staff member of the College. 18
Planning President 19
Acting
The Council may appoint a person to act as Planning 20
Clause100.
President-- 21
(a) while there is a vacancy in the office; or 22
(b) during any period, or during all periods, when the Planning 23
President is absent from the State or, for another reason, cannot 24
perform the functions of the office. 25
45
Sunshine Coast University College
of office 1
Cessation
The Planning President goes out of office on whichever of 2
Clause101.(1)
the following happens first-- 3
(a) the Vice-Chancellor takes up office; 4
(b) section 13 commences; 5
(2) The going out of office under subsection (1)(a) does not create a 6
vacancy in the office. 7
Division 3--Expiry of Part 8
9
Expiry
Clause102. This Part expires when section 13 commences. 10
11
© State of Queensland 1994
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