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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
University Legislation
Amendment Bill 2005
Queensland
University Legislation Amendment
Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 2 Amendment of Central Queensland University Act 1998
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3 Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 16
4 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 17
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5 Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 17
6 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 17
7 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 18
16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8 Amendment of s 17 (When council is taken to be properly
constituted) ..................................... 19
9 Amendment of s 18 (Appointed member's term of office) . . . . . . 19
10 Amendment of s 19 (Elected member's term of office) . . . . . . . . 19
11 Replacement of s 20 (Additional member's term of office). . . . . . 19
20 Additional member's term of office . . . . . . . . . . . . . . . 19
12 Amendment of s 20A (Dealing with casual vacancy in office of
an elected member) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
13 Amendment of s 21 (Failure to elect or appoint elected members) 20
14 Replacement of s 23 (Ineligibility for membership of council) . . . 20
23 Ineligibility for membership of council. . . . . . . . . . . . . 20
15 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 21
16 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 21
Division 3A Members' function, and removing elected,
appointed and additional members from office
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University Legislation Amendment Bill 2005
26A Member's function, and obligations about function . . 22
26B Council may remove member from office . . . . . . . . . . 22
Division 3B Extending terms of office
26C Minister may extend terms of office . . . . . . . . . . . . . . 23
17 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 24
18 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 24
19 Omission of pt 4, div 1 (Convocation). . . . . . . . . . . . . . . . . . . . . . 24
20 Insertion of new s 40AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
40AA President of academic board . . . . . . . . . . . . . . . . . . . 24
21 Amendment of s 40A (Excluded matters for Corporations
legislation) ...................................... 24
22 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 4A Matters relating to offices of chancellor, deputy
chancellor, vice-chancellor and president
40C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 25
40D Council may remove chancellor, vice-chancellor or
president from office. . . . . . . . . . . . . . . . . . . . . . . . . . 26
40E Particular matters about removal of vice-chancellor. . 27
40F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
23 Amendment of s 57 (Making of university statutes) . . . . . . . . . . . 27
24 Amendment of s 61 (Forming and taking part in corporations) . . 28
25 Insertion of new ss 62A62C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
62A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 28
62B Report about person's criminal history . . . . . . . . . . . . 28
62C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 29
26 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 2 Transitional provisions for the University
Legislation Amendment Act 2005
Subdivision 1 Preliminary
79 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision 2 Provisions about council membership
80 Continuation of official members . . . . . . . . . . . . . . . . 30
81 Appointment of new appointed members . . . . . . . . . . 30
82 Continuation, and term of office, of appointed
members ............................. 31
83 Continuation of elected members. . . . . . . . . . . . . . . . 31
84 Ballot, and term of office, for elected members . . . . . 31
85 Appointment of new additional members . . . . . . . . . . 32
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University Legislation Amendment Bill 2005
86 Continuation, and term of office, of additional
members ............................ 33
87 Council need not include additional members . . . . . . 33
88 Dealing with casual vacancy in office of elected
member ............................. 33
Subdivision 3 Constitution of council
89 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . 33
27 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 3 Amendment of Griffith University Act 1998
28 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
29 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 35
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
30 Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 36
31 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 36
32 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 37
16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 37
33 Amendment of s 17 (When council is taken to be properly
constituted) ................................... 37
34 Amendment of s 18 (Appointed member's term of office) . . . . . . 37
35 Amendment of s 19 (Elected member's term of office) . . . . . . . . 37
36 Replacement of s 20 (Additional member's term of office). . . . . . 38
20 Additional member's term of office . . . . . . . . . . . . . . . 38
37 Replacement of s 23 (Ineligibility for membership of council) . . . 38
23 Ineligibility for membership of council. . . . . . . . . . . . . 38
38 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 38
39 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 39
Division 3A Members' function, and removing elected,
appointed and additional members from office
26A Member's function, and obligations about function . . 39
26B Council may remove member from office . . . . . . . . . . 40
Division 3B Extending terms of office
26C Minister may extend terms of office . . . . . . . . . . . . . . 40
40 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 41
41 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 41
42 Insertion of new pt 3, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2 Matters about disqualification or removal from
office
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University Legislation Amendment Bill 2005
32A Disqualification from office . . . . . . . . . . . . . . . . . . . . . 42
32B Council may remove chancellor or vice-chancellor
from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
32C Particular matters about removal of vice-chancellor. . 43
32D Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
43 Amendment of s 61 (Making of university statutes) . . . . . . . . . . . 44
44 Amendment of s 65 (Forming and taking part in corporations) . . 44
45 Insertion of new ss 66A66C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
66A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 45
66B Report about person's criminal history . . . . . . . . . . . . 45
66C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 46
46 Amendment of pt 8 (Transitional provisions for Education
(Miscellaneous Amendments) Act 2002) . . . . . . . . . . . . . . . . . . . 46
47 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 2 Transitional provisions for the University
Legislation Amendment Act 2005
Subdivision 1 Preliminary
81 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Subdivision 2 Provisions about council membership
82 Continuation of official member . . . . . . . . . . . . . . . . . 47
83 Appointment of new appointed members . . . . . . . . . . 48
84 Continuation, and term of office, of appointed
members ............................ 48
85 Continuation of elected members. . . . . . . . . . . . . . . . 48
86 Ballot, and term of office, for elected members . . . . . 48
87 Appointment of new additional members . . . . . . . . . . 50
88 Continuation, and term of office, of additional
members ............................ 50
89 Council need not include additional members . . . . . . 50
90 Dealing with casual vacancy in office of elected
member ............................. 50
Subdivision 3 Constitution of council
91 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . 50
48 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 4 Amendment of James Cook University Act 1997
49 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
50 Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 52
51 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 53
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University Legislation Amendment Bill 2005
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
52 Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 53
53 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 53
54 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 54
16 Additional member . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
55 Amendment of s 17 (When council is taken to be properly
constituted) ................................... 54
56 Amendment of s 18 (Appointed member's term of office) . . . . . . 54
57 Amendment of s 19 (Elected member's term of office) . . . . . . . . 55
58 Replacement of s 20 (Additional member's term of office). . . . . . 55
20 Additional member's term of office . . . . . . . . . . . . . . . 55
59 Amendment of s 20A (Dealing with casual vacancy in office of
an elected member) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
60 Replacement of s 23 (Ineligibility for membership of council) . . . 55
23 Ineligibility for membership of council. . . . . . . . . . . . . 55
61 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 56
62 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 56
Division 3A Members' function, and removing elected,
appointed and additional members from office
26A Member's function, and obligations about function . . 57
26B Council may remove member from office . . . . . . . . . . 57
Division 3B Extending terms of office
26C Minister may extend terms of office . . . . . . . . . . . . . . 58
63 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 59
64 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 59
65 Insertion of new s 40AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
40AA Chairperson of academic board . . . . . . . . . . . . . . . . . 59
66 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 4A Matters relating to offices of chancellor, deputy
chancellor, vice-chancellor and chairperson
40C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 60
40D Council may remove chancellor, vice-chancellor or
chairperson from office. . . . . . . . . . . . . . . . . . . . . . . . 61
40E Particular matters about removal of vice-chancellor. . 61
40F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
67 Amendment of s 57 (Making of university statutes) . . . . . . . . . . . 62
68 Amendment of s 61 (Forming and taking part in corporations) . . 63
69 Insertion of new ss 62A62C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
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University Legislation Amendment Bill 2005
62A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 63
62B Report about person's criminal history . . . . . . . . . . . . 63
62C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 64
70 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 2 Transitional provisions for the University
Legislation Amendment Act 2005
Subdivision 1 Preliminary
68 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Subdivision 2 Provisions about council membership
69 Continuation of official members . . . . . . . . . . . . . . . . 65
70 Appointment of new appointed members . . . . . . . . . . 65
71 Continuation, and term of office, of appointed
members ............................. 66
72 Continuation of elected members. . . . . . . . . . . . . . . . 66
73 Ballot, and term of office, for elected members . . . . . 66
74 Appointment of new additional member . . . . . . . . . . . 67
75 Continuation, and term of office, of additional
members ............................. 67
76 Council need not include additional members . . . . . . 68
77 Dealing with casual vacancy in office of elected
member ............................. 68
Subdivision 3 Constitution of council
78 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . 68
71 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 68
Part 5 Amendment of Queensland University of Technology Act
1998
72 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
73 Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 70
74 Replacement of s 12 (Membership of council) . . . . . . . . . . . . . . . 70
12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 70
75 Replacement of s 13 (Official members) . . . . . . . . . . . . . . . . . . . 70
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
76 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 71
77 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 71
16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 71
78 Amendment of s 18 (Appointed member's term of office) . . . . . . 71
79 Amendment of s 19 (Elected member's term of office) . . . . . . . . 71
80 Replacement of s 20 (Additional member's term of office). . . . . . 72
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University Legislation Amendment Bill 2005
20 Additional member's term of office . . . . . . . . . . . . . . . 72
81 Replacement of s 23 (Ineligibility for membership of council) . . . 72
23 Ineligibility for membership of council. . . . . . . . . . . . . 72
82 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 73
83 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 73
Division 3A Members' function, and removing elected,
appointed and additional members from office
26A Member's function, and obligations about function . . 73
26B Council may remove member from office . . . . . . . . . . 74
Division 3B Extending terms of office
26C Minister may extend terms of office . . . . . . . . . . . . . . 75
84 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 75
85 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 76
86 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Part 4A Matters relating to offices of chancellor, deputy
chancellor, vice-chancellor and chairperson
39B Disqualification from office . . . . . . . . . . . . . . . . . . . . . 76
39C Council may remove chancellor, vice-chancellor or
chairperson from office. . . . . . . . . . . . . . . . . . . . . . . . 77
39D Particular matters about removal of vice-chancellor. . 78
39E Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
87 Amendment of s 56 (Making of university statutes) . . . . . . . . . . . 79
88 Amendment of s 60 (Forming and taking part in corporations) . . 79
89 Insertion of new ss 61A61C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
61A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 79
61B Report about person's criminal history . . . . . . . . . . . . 79
61C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 80
90 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Part 8 Transitional provisions for the University
Legislation Amendment Act 2005
Division 1 Preliminary
65 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 2 Provisions about council membership
66 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . 81
67 Elected members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
68 Appointment of new additional members . . . . . . . . . . 82
69 Continuation, and term of office, of additional
members ............................ 82
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University Legislation Amendment Bill 2005
70 Council need not include additional members . . . . . . 82
91 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 82
Part 6 Amendment of University of Queensland Act 1998
92 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
93 Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 84
94 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
12 Membership of senate . . . . . . . . . . . . . . . . . . . . . . . . 84
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
95 Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 85
96 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 85
97 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 86
16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 86
98 Amendment of s 17 (When senate is taken to be properly
constituted) ................................... 87
99 Amendment of s 18 (Appointed member's term of office) . . . . . . 87
100 Amendment of s 19 (Elected member's term of office) . . . . . . . . 87
101 Replacement of s 20 (Additional member's term of office). . . . . . 87
20 Additional member's term of office . . . . . . . . . . . . . . . 87
102 Replacement of s 23 (Ineligibility for membership of senate). . . . 88
23 Ineligibility for membership of senate . . . . . . . . . . . . . 88
103 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 88
104 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 89
Division 3A Members' function, and removing elected,
appointed and additional members from office
26A Member's function, and obligations about function . . 89
26B Senate may remove member from office . . . . . . . . . . 89
Division 3B Extending terms of office
26C Minister may extend terms of office . . . . . . . . . . . . . . 90
105 Replacement of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . 91
30 Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
106 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 91
107 Omission of pt 4, div 1 (Convocation). . . . . . . . . . . . . . . . . . . . . . 91
108 Insertion of new s 35AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
35AA President of academic board . . . . . . . . . . . . . . . . . . . 92
109 Amendment of s 35A (Excluded matters for Corporations
legislation) ...................................... 92
110 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
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University Legislation Amendment Bill 2005
Part 4A Matters relating to offices of chancellor, deputy
chancellor, vice-chancellor and president
35C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 92
35D Senate may remove chancellor, vice-chancellor or
president from office. . . . . . . . . . . . . . . . . . . . . . . . . . 93
35E Particular matters about removal of vice-chancellor. . 94
35F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
111 Amendment of s 52 (Making of university statutes) . . . . . . . . . . . 95
112 Amendment of s 55 (Forming and taking part in corporations) . . 95
113 Insertion of new ss 56A56C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
56A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 95
56B Report about person's criminal history . . . . . . . . . . . . 96
56C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 97
114 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 2 Transitional provisions for the University
Legislation Amendment Act 2005
Subdivision 1 Preliminary
61 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Subdivision 2 Provisions about membership of senate
62 Continuation of official members . . . . . . . . . . . . . . . . 97
63 Appointment of new appointed members . . . . . . . . . . 98
64 Continuation of appointed members . . . . . . . . . . . . . 98
65 Continuation of elected members. . . . . . . . . . . . . . . . 98
66 Ballot, and term of office, for elected members . . . . . 98
67 Appointment of new additional members . . . . . . . . . . 100
68 Continuation of additional members. . . . . . . . . . . . . . 100
69 Senate need not include additional members . . . . . . 100
70 Dealing with casual vacancy in office of elected
member ............................... 100
Subdivision 3 Constitution of senate
71 Constitution of senate. . . . . . . . . . . . . . . . . . . . . . . . . 100
115 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 101
Part 7 Amendment of University of Southern Queensland Act 1998
116 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
117 Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 102
118 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 103
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
10
University Legislation Amendment Bill 2005
119 Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 103
120 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 103
121 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 104
16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 104
122 Amendment of s 17 (When council is taken to be properly
constituted) .................................... 104
123 Amendment of s 18 (Appointed member's term of office) . . . . . . 104
124 Amendment of s 19 (Elected member's term of office) . . . . . . . . 104
125 Replacement of s 20 (Additional member's term of office). . . . . . 105
20 Additional member's term of office . . . . . . . . . . . . . . . 105
126 Amendment of s 21 (Failure to elect or appoint elected members) 105
127 Replacement of s 23 (Ineligibility for membership of council) . . . 105
23 Ineligibility for membership of council. . . . . . . . . . . . . 105
128 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 106
129 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 106
Division 3A Members' function, and removing elected,
appointed and additional members from office
26A Member's function, and obligations about function . . 107
26B Council may remove member from office . . . . . . . . . . 107
Division 3B Extending terms of office
26C Minister may extend terms of office . . . . . . . . . . . . . . 108
130 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 109
131 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 109
132 Insertion of new s 39AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
39AA Chairperson of academic board . . . . . . . . . . . . . . . . . 109
133 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
39C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 110
39D Council may remove chancellor, vice-chancellor or
chairperson from office. . . . . . . . . . . . . . . . . . . . . . . . 111
39E Particular matters about removal of vice-chancellor. . 111
39F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
134 Amendment of s 56 (Making of university statutes) . . . . . . . . . . . 112
135 Amendment of s 60 (Forming and taking part in corporations) . . 113
136 Insertion of new ss 61A61C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
61A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 113
61B Report about person's criminal history . . . . . . . . . . . . 113
61C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 114
137 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
11
University Legislation Amendment Bill 2005
Division 2 Transitional provisions for the University
Legislation Amendment Act 2005
Subdivision 1 Preliminary
77 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Subdivision 2 Provisions about council membership
78 Continuation of official members . . . . . . . . . . . . . . . . 115
79 Appointment of new appointed members . . . . . . . . . . 115
80 Continuation, and term of office, of appointed
members ............................ 115
81 Continuation of elected members. . . . . . . . . . . . . . . . 116
82 Ballot, and term of office, for elected members . . . . . 116
83 Appointment of new additional members . . . . . . . . . . 117
84 Continuation, and term of office, of additional
members ............................. 117
85 Council need not include additional members . . . . . . 117
86 Dealing with casual vacancy in office of elected
member ............................. 117
Subdivision 3 Constitution of council
87 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . 118
138 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 118
Part 8 Amendment of University of the Sunshine Coast Act 1998
139 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
140 Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 119
141 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 120
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
142 Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 120
143 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 120
144 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 121
16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 121
145 Amendment of s 17 (When council is taken to be properly
constituted) ................................... 121
146 Amendment of s 18 (Appointed member's term of office) . . . . . . 122
147 Amendment of s 19 (Elected member's term of office) . . . . . . . . 122
148 Replacement of s 20 (Additional member's term of office). . . . . . 122
20 Additional member's term of office . . . . . . . . . . . . . . . 122
149 Amendment of s 20A (Dealing with casual vacancy in office of
an elected member) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
150 Amendment of s 22 (Casual vacancies). . . . . . . . . . . . . . . . . . . . 123
12
University Legislation Amendment Bill 2005
151 Replacement of s 23 (Ineligibility for membership of council) . . . 123
23 Ineligibility for membership of council. . . . . . . . . . . . . 123
152 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 123
153 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 124
Division 3A Members' function, and removing additional,
appointed and elected members from office
26A Member's function, and obligations about function . . 124
26B Council may remove member from office . . . . . . . . . . 125
Division 3B Extending terms of office
26C Minister may extend terms of office . . . . . . . . . . . . . . 125
154 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 126
155 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 126
156 Omission of pt 4, div 1 (Convocation). . . . . . . . . . . . . . . . . . . . . . 126
157 Insertion of new s 40AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
40AA Chairperson of academic board . . . . . . . . . . . . . . . . . 127
158 Amendment of s 40A (Excluded matters for Corporations
legislation) ................................... 127
159 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
40C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 127
40D Council may remove chancellor, vice-chancellor or
chairperson from office. . . . . . . . . . . . . . . . . . . . . . . . 128
40E Particular matters about removal of vice-chancellor. . 129
40F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
160 Amendment of s 58 (Making of university statutes) . . . . . . . . . . . 130
161 Amendment of s 63 (Forming and taking part in corporations) . . 130
162 Insertion of new ss 64A64C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
64A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 131
64B Report about person's criminal history . . . . . . . . . . . . 131
64C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 132
163 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Division 2 Transitional provisions for the University
Legislation Amendment Act 2005
Subdivision 1 Preliminary
83 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Subdivision 2 Provisions about council membership
84 Continuation of official members . . . . . . . . . . . . . . . . 133
85 Appointment of new appointed members . . . . . . . . . . 133
13
University Legislation Amendment Bill 2005
86 Continuation, and term of office, of appointed
members ............................. 133
87 Continuation of elected members. . . . . . . . . . . . . . . . 133
88 Ballot, and term of office, for elected members . . . . . 134
89 Appointment of new additional members . . . . . . . . . . 135
90 Continuation, and term of office, of additional
members ............................. 135
91 Council need not include additional members . . . . . . 135
92 Dealing with casual vacancy in office of elected
member ............................ 135
Subdivision 3 Constitution of council
93 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . 136
164 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 136
Part 9 Consequential and other amendments
165 Consequential and other amendments . . . . . . . . . . . . . . . . . . . . 138
Consequential and other amendments . . . . . . . . . . . . . . . . 139
Schedule
Central Queensland University Act 1998 . . . . . . . . . . . . . . . . . . . 139
Griffith University Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
James Cook University Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . 141
Queensland University of Technology Act 1998 . . . . . . . . . . . . . . 142
University of Queensland Act 1998 . . . . . . . . . . . . . . . . . . . . . . . 143
University of Southern Queensland Act 1998 . . . . . . . . . . . . . . . 144
University of the Sunshine Coast Act 1998 . . . . . . . . . . . . . . . . . 146
2005
A Bill
for
An Act to amend the Central Queensland University Act 1998,
Griffith University Act 1998, James Cook University Act 1997,
Queensland University of Technology Act 1998, University of
Queensland Act 1998, University of Southern Queensland Act
1998 and University of the Sunshine Coast Act 1998
s1 16 s3
University Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the University Legislation 4
Amendment Act 2005. 5
Part 2 Amendment of Central 6
Queensland University Act 7
1998 8
Clause 2 Act amended in pt 2 9
This part amends the Central Queensland University Act 10
1998. 11
Clause 3 Amendment of s 11 (Delegation) 12
Section 11-- 13
insert-- 14
`(3) Despite subsection (2)(c), the council may delegate its power 15
to approve spending of funds available to the university by 16
way of bequest, donation or special grant if-- 17
(a) the expenditure is for a matter funded by bequest, 18
donation or special grant; and 19
(b) the amount of expenditure for the matter is not more 20
than $100 000.'. 21
s4 17 s6
University Legislation Amendment Bill 2005
Clause 4 Replacement of ss 12 and 13 1
Sections 12 and 13-- 2
omit, insert-- 3
`12 Membership of council 4
`The council consists of official members, appointed 5
members, elected members and additional members. 6
`13 Official members 7
`(1) There are 3 official members. 8
`(2) The official members are-- 9
(a) the chancellor; and 10
(b) the vice-chancellor; and 11
(c) the president of the academic board.'. 12
Clause 5 Amendment of s 14 (Appointed members) 13
Section 14(1), `8'-- 14
omit, insert-- 15
`5'. 16
Clause 6 Amendment of s 15 (Elected members) 17
(1) Section 15(1), `7'-- 18
omit, insert-- 19
`3'. 20
(2) Section 15(2)(a) and (b)-- 21
omit, insert-- 22
`(a) 1 member of the full-time or part-time academic staff; 23
and 24
(b) 1 member of the full-time or part-time general staff; 25
and'. 26
(3) Section 15(2)(d)-- 27
omit. 28
s7 18 s7
University Legislation Amendment Bill 2005
(4) Section 15(3)(a) and (b)-- 1
omit, insert-- 2
`(a) for an elected member mentioned in subsection (2)(a)-- 3
(i) all the members of the full-time academic staff, 4
and those members of the part-time academic staff 5
eligible under a university statute, may vote; or 6
(ii) if a statute under subparagraph (i) is not in force, 7
all the members of the full-time and part-time 8
academic staff may vote; or 9
(b) for an elected member mentioned in subsection (2)(b)-- 10
(i) all the members of the full-time general staff, and 11
those members of the part-time general staff 12
eligible under a university statute, may vote; or 13
(ii) if a statute under subparagraph (i) is not in force, 14
all the members of the full-time and part-time 15
general staff may vote; or'. 16
(5) Section 15(3)(d)-- 17
omit. 18
(6) Section 15(4)-- 19
omit, insert-- 20
`(4) Despite subsection (3), the council may authorise the council 21
of the student association to appoint the elected member 22
mentioned in subsection (2)(c) at a meeting of the council of 23
the student association.'. 24
Clause 7 Replacement of s 16 (Additional members) 25
Section 16-- 26
omit, insert-- 27
`16 Additional members 28
`(1) There are 4 additional members. 29
`(2) The council must appoint the additional members. 30
`(3) The council must appoint at least 2 graduates of the university 31
as additional members. 32
s8 19 s 11
University Legislation Amendment Bill 2005
`(4) An additional member must not be a student or a member of 1
the university's academic staff or general staff.'. 2
Clause 8 Amendment of s 17 (When council is taken to be properly 3
constituted) 4
Section 17, `12'-- 5
omit, insert-- 6
`8'. 7
Clause 9 Amendment of s 18 (Appointed member's term of office) 8
Section 18, `3 years'-- 9
omit, insert-- 10
`4 years'. 11
Clause 10 Amendment of s 19 (Elected member's term of office) 12
(1) Section 19(1)-- 13
omit, insert-- 14
`(1) An elected member mentioned in section 15(2)(a) or (b) holds 15
office for 4 years. 16
`(1A) An elected member mentioned in section 15(2)(c) holds office 17
for 2 years.'. 18
(2) Section 19(1A) and (2)-- 19
renumber as section 19(2) and (3). 20
Clause 11 Replacement of s 20 (Additional member's term of office) 21
Section 20-- 22
omit, insert-- 23
`20 Additional member's term of office 24
`An additional member is to be appointed for a term of not 25
more than 4 years decided by the council.'. 26
s 12 20 s 14
University Legislation Amendment Bill 2005
Clause 12 Amendment of s 20A (Dealing with casual vacancy in 1
office of an elected member) 2
(1) Section 20A(5)-- 3
omit, insert-- 4
`(5) Despite subsection (4), the council may, if the elected member 5
was a student, authorise the council of the student association 6
to appoint a student to the office at a meeting of the council of 7
the student association.'. 8
(2) Section 20A(7)-- 9
omit. 10
Clause 13 Amendment of s 21 (Failure to elect or appoint elected 11
members) 12
Section 21(1)-- 13
omit, insert-- 14
`(1) If an entity permitted to elect or appoint an elected member 15
does not elect or appoint a person as the elected member by a 16
day fixed by the council by notice given to the entity, the 17
Minister may appoint a member of the entity as the elected 18
member.'. 19
Clause 14 Replacement of s 23 (Ineligibility for membership of 20
council) 21
Section 23-- 22
omit, insert-- 23
`23 Ineligibility for membership of council 24
`(1) A person is not eligible to become an elected, appointed or 25
additional member if-- 26
(a) the person is disqualified from managing corporations 27
under the Corporations Act, part 2D.6;1 or 28
1 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 15 21 s 16
University Legislation Amendment Bill 2005
(b) the person has a conviction for an indictable offence, 1
other than an offence in relation to which the person is 2
not eligible under paragraph (a). 3
`(2) Also, a person is not eligible to be elected or appointed as an 4
elected, appointed or additional member if the person's 5
election or appointment as the member would result in the 6
person being a member for 12 years or more, whether 7
continuously or not. 8
`(3) Subsection (2) does not apply to a person if a majority of 9
members agree the person may be elected or appointed as an 10
elected, appointed or additional member. 11
`(4) Subsection (1)(b) is subject to sections 25 and 26.'. 12
Clause 15 Amendment of s 24 (Vacation of office) 13
(1) Section 24(1)(f) and (g)-- 14
omit, insert-- 15
`(f) the member is removed from office under section 26B; 16
or 17
(g) the member is disqualified from managing corporations 18
under the Corporations Act, part 2D.6; or 19
(h) the member is convicted of an indictable offence, other 20
than an offence in relation to which the member's office 21
becomes vacant under paragraph (g).'. 22
(2) Section 24(2)-- 23
omit, insert-- 24
`(2) Subsection (1)(h) is subject to sections 25 and 26.'. 25
Clause 16 Insertion of new pt 2, divs 3A and 3B 26
After section 26-- 27
insert-- 28
s 16 22 s 16
University Legislation Amendment Bill 2005
`Division 3A Members' function, and removing 1
elected, appointed and additional 2
members from office 3
`26A Member's function, and obligations about function 4
`(1) A member has the function of ensuring the council performs 5
its functions and exercises its powers appropriately, 6
effectively and efficiently. 7
`(2) In performing the function, a member-- 8
(a) must act honestly and in the best interests of the 9
university; and 10
(b) must exercise reasonable skill, care and diligence; and 11
(c) must disclose to the council any conflict that may arise 12
between the member's personal interests and the 13
interests of the university; and 14
(d) must not make improper use of his or her position as a 15
member, or of information acquired because of his or 16
her position as a member, to gain, directly or indirectly, 17
an advantage for the member or another person. 18
`26B Council may remove member from office 19
`(1) The council may remove an elected, appointed or additional 20
member from office if at least 10 members are satisfied the 21
member has not complied with-- 22
(a) section 26A(2); or 23
(b) a conduct obligation. 24
`(2) If the council decides to remove a member from office under 25
subsection (1), the council must as soon as practicable-- 26
(a) give the member notice of the decision and the reasons 27
for it; and 28
(b) if the member is an appointed member--give the 29
Minister a copy of the notice. 30
s 16 23 s 16
University Legislation Amendment Bill 2005
`(3) If the council gives a member a notice under subsection (2)(a), 1
the member's term of office ends on the later of the 2
following-- 3
(a) the day the member receives the notice; 4
(b) the day, if any, stated in the notice for that purpose. 5
`(4) The council's power to remove an appointed member from 6
office under this section does not limit the Governor in 7
Council's powers under the Acts Interpretation Act 1954, 8
section 25(1)(b)(i) or (iii).2 9
`Division 3B Extending terms of office 10
`26C Minister may extend terms of office 11
`(1) The Minister may, by notice given to the council, extend the 12
terms of office of elected, appointed and additional members 13
for not more than 1 year if the Minister is satisfied the 14
extension-- 15
(a) is in the best interests of the university; and 16
(b) is necessary for the council to perform its functions and 17
exercise its powers appropriately, effectively and 18
efficiently. 19
`(2) If the Minister acts under subsection (1), the Minister must 20
extend, by the same amount, the terms of office of all elected, 21
appointed and additional members. 22
`(3) The extension applies only to members holding office when 23
the notice is given under subsection (1). 24
`(4) This section-- 25
(a) does not allow the Minister to extend the terms of office 26
of the members for more than 1 year by again acting 27
under subsection (1); and 28
(b) applies despite sections 18, 19(1) and (2) and 20.'. 29
2 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 17 24 s 21
University Legislation Amendment Bill 2005
Clause 17 Amendment of s 30 (Chancellor) 1
(1) Section 30(4)-- 2
renumber as section 30(5). 3
(2) Section 30-- 4
insert-- 5
`(4) The person elected must not be a student or a member of the 6
university's academic staff or general staff.'. 7
Clause 18 Amendment of s 31 (Deputy chancellor) 8
Section 31(3), `3 years'-- 9
omit, insert-- 10
`4 years'. 11
Clause 19 Omission of pt 4, div 1 (Convocation) 12
Part 4, division 1-- 13
omit. 14
Clause 20 Insertion of new s 40AA 15
Part 4, division 4, after section 40-- 16
insert-- 17
`40AA President of academic board 18
`(1) There is to be a president of the academic board. 19
`(2) The council must decide who is the president. 20
`(3) The president holds office for the term, not longer than 21
3 years, decided by the council.'. 22
Clause 21 Amendment of s 40A (Excluded matters for Corporations 23
legislation) 24
(1) Section 40A(1)(a)-- 25
omit. 26
s 22 25 s 22
University Legislation Amendment Bill 2005
(2) Section 40A(1)(b) and (c)-- 1
renumber as section 40A(1)(a) and (b). 2
Clause 22 Insertion of new pt 4A 3
Before part 5-- 4
insert-- 5
`Part 4A Matters relating to offices of 6
chancellor, deputy chancellor, 7
vice-chancellor and president 8
`40C Disqualification from office 9
`(1) A person can not become, or continue as, the chancellor, 10
vice-chancellor or president if-- 11
(a) the person is disqualified from managing corporations 12
under the Corporations Act, part 2D.6; or 13
(b) subject to subsections (2) to (4), the person has a 14
conviction for an indictable offence other than an 15
offence in relation to which the person is disqualified 16
from office under paragraph (a). 17
`(2) If the council considers it would be reasonable, having regard 18
to the circumstances of the indictable offence mentioned in 19
subsection (1)(b) of which the person has been convicted, the 20
council may-- 21
(a) if the person was the chancellor, vice-chancellor or 22
president when convicted--give notice to the person 23
that the person-- 24
(i) is restored as the chancellor, vice-chancellor or 25
president; and 26
(ii) may be later re-elected or reappointed, despite the 27
conviction; or 28
(b) otherwise--give written approval for the person to 29
become the chancellor, vice-chancellor or president 30
despite the conviction. 31
s 22 26 s 22
University Legislation Amendment Bill 2005
`(3) On the day the person receives a notice under 1
subsection (2)(a)-- 2
(a) the person is restored as the chancellor, vice-chancellor 3
or president; and 4
(b) if another person has been elected or appointed to fill the 5
vacancy--the other person's term of office ends. 6
`(4) If a person is restored as the chancellor, vice-chancellor or 7
president under subsection (3), the person's term of office as 8
the chancellor, vice-chancellor or president ends when it 9
would have ended if the person had not been convicted of the 10
offence. 11
`40D Council may remove chancellor, vice-chancellor or 12
president from office 13
`(1) The council may remove the chancellor, vice-chancellor or 14
president from office if at least 10 members are satisfied the 15
chancellor, vice-chancellor or president has not complied 16
with-- 17
(a) section 26A(2);3 or 18
(b) a conduct obligation. 19
`(2) If the council decides to remove the chancellor, 20
vice-chancellor or president from office under subsection (1), 21
the council must as soon as practicable give the chancellor, 22
vice-chancellor or president notice of the decision and the 23
reasons for it. 24
`(3) The chancellor's, vice-chancellor's or president's term of 25
office ends on the later of the following-- 26
(a) the day he or she receives the notice; 27
(b) the day, if any, stated in the notice for that purpose. 28
3 Section 26A (Member's function, and obligations about function)
s 23 27 s 23
University Legislation Amendment Bill 2005
`40E Particular matters about removal of vice-chancellor 1
`(1) The council may remove the vice-chancellor from office 2
under section 40D despite the vice-chancellor's terms of 3
appointment. 4
`(2) If the council removes the vice-chancellor from office under 5
section 40D-- 6
(a) the removal does not affect the vice-chancellor's right to 7
claim compensation or other entitlements under his or 8
her terms of appointment applying when the 9
appointment ends; and 10
(b) the vice-chancellor may only claim compensation and 11
other entitlements under his or her terms of appointment 12
as if-- 13
(i) the appointment had been ended as permitted 14
under the terms of appointment; or 15
(ii) his or her term of office had ended. 16
`40F Vacation of office 17
`(1) The office of the chancellor, vice-chancellor or president 18
becomes vacant if he or she-- 19
(a) can not continue as the chancellor, vice-chancellor or 20
president under section 40C; or 21
(b) is removed from office under section 40D. 22
`(2) The office of the deputy chancellor becomes vacant if his or 23
her office as a member becomes vacant under section 24 or he 24
or she otherwise stops being a member.'. 25
Clause 23 Amendment of s 57 (Making of university statutes) 26
(1) Section 57(2)(e)-- 27
omit. 28
(2) Section 57(2)(f), after `members'-- 29
insert-- 30
`, including the voting rights of part-time academic staff and 31
part-time general staff'. 32
s 24 28 s 25
University Legislation Amendment Bill 2005
(3) Section 57(2)-- 1
insert-- 2
`(fa) the process for removing a person from office under 3
section 26B or 40D;4 4
(fb) the spending of funds under a delegation under 5
section 11(3);'. 6
(4) Section 57(2)(f) to (j)-- 7
renumber as section 57(2)(e) to (k). 8
Clause 24 Amendment of s 61 (Forming and taking part in 9
corporations) 10
Section 61(1), `include'-- 11
omit, insert-- 12
`include any of'. 13
Clause 25 Insertion of new ss 62A62C 14
After section 62-- 15
insert-- 16
`62A Protection from liability 17
`(1) A member is not civilly liable to someone for an act done, or 18
omission made, honestly and without negligence under this 19
Act. 20
`(2) If subsection (1) prevents a civil liability attaching to a 21
member, the liability attaches instead to the university. 22
`62B Report about person's criminal history 23
`(1) To decide whether to recommend to the Governor in Council a 24
person for appointment under section 14(2) as an appointed 25
member, the Minister may ask the commissioner of the police 26
service for-- 27
4 Section 26B (Council may remove member from office) or 40D (Council may
remove chancellor, vice-chancellor or president from office)
s 25 29 s 25
University Legislation Amendment Bill 2005
(a) a written report about the person's criminal history; and 1
(b) a brief description of the circumstances of a conviction 2
mentioned in the criminal history. 3
`(2) To decide whether a person is eligible to be the chancellor, 4
vice-chancellor or president, or an elected or additional 5
member, the council may ask the commissioner of the police 6
service for-- 7
(a) a written report about the person's criminal history; and 8
(b) a brief description of the circumstances of a conviction 9
mentioned in the criminal history. 10
`(3) The commissioner of the police service must comply with a 11
request under subsection (1) or (2). 12
`(4) However, the Minister or council may make a request about a 13
person under subsection (1) or (2) only if the person has given 14
the Minister or council written consent for the request. 15
`(5) The duty imposed on the commissioner of the police service 16
to comply with the request applies only to information in the 17
commissioner's possession or to which the commissioner has 18
access. 19
`(6) The Minister or council must ensure that a report given to the 20
Minister or council under this section is destroyed as soon as 21
practicable after it is no longer needed for the purpose for 22
which it was requested. 23
`(7) In this section-- 24
criminal history, of a person, means the person's criminal 25
history as defined under the Criminal Law (Rehabilitation of 26
Offenders) Act 1986, other than spent convictions. 27
`62C Delegation by Minister 28
`The Minister may delegate the Minister's power under 29
section 62B(1) to an appropriately qualified officer of the 30
department.'. 31
s 26 30 s 26
University Legislation Amendment Bill 2005
Clause 26 Insertion of new pt 8, div 2 1
Part 8, after section 78-- 2
insert-- 3
`Division 2 Transitional provisions for the 4
University Legislation Amendment 5
Act 2005 6
`Subdivision 1 Preliminary 7
`79 Definitions for div 2 8
`In this division-- 9
commencement means the commencement of the provision in 10
which the term is used. 11
new additional members see section 85. 12
new appointed members see section 81(2). 13
pre-amended Act means this Act as in force before the 14
commencement of the University Legislation Amendment Act 15
2005, part 2. 16
`Subdivision 2 Provisions about council 17
membership 18
`80 Continuation of official members 19
`Despite section 13, a person who was an official member 20
under section 13(2)(c) or (e) of the pre-amended Act 21
continues as an official member until the new appointed 22
members' terms of office start. 23
`81 Appointment of new appointed members 24
`(1) The Minister must, within 1 year after the commencement, 25
recommend to the Governor in Council 5 persons for 26
appointment, under section 14(2), as appointed members. 27
s 26 31 s 26
University Legislation Amendment Bill 2005
`(2) The Governor in Council may appoint the persons as 1
appointed members (the new appointed members). 2
`82 Continuation, and term of office, of appointed 3
members 4
`(1) This section applies to a person who was an appointed 5
member immediately before the commencement. 6
`(2) Despite section 14(1), the person continues as an appointed 7
member until-- 8
(a) the person's term of office ends under subsection (3); or 9
(b) the person's office sooner becomes vacant. 10
`(3) Despite section 18, the person's term of office ends when the 11
new appointed members' terms of office start. 12
`83 Continuation of elected members 13
`(1) This section applies to a person who was an elected member 14
immediately before the commencement. 15
`(2) Despite section 15(1) and (2), the person continues as an 16
elected member until-- 17
(a) the person's term of office ends under section 84; or 18
(b) the person's office sooner becomes vacant. 19
`(3) Despite section 19(1) and (2), the person's term of office is 20
3 years. 21
`84 Ballot, and term of office, for elected members 22
`(1) At least 14 days before the new appointed members are 23
appointed, a ballot under section 15(3) of the post-amended 24
Act must be conducted for elected members. 25
`(2) Subsection (3) applies to a person who, immediately before 26
the ballot is conducted, is an elected member mentioned in 27
section 15(2)(a) of the pre-amended Act. 28
`(3) The person's term of office ends when the elected member 29
mentioned in section 15(2)(a) of the post-amended Act is 30
elected under the ballot. 31
s 26 32 s 26
University Legislation Amendment Bill 2005
`(4) Subsection (5) applies to a person who, immediately before 1
the ballot is conducted, is an elected member mentioned in 2
section 15(2)(b) of the pre-amended Act. 3
`(5) The person's term of office ends when the elected member 4
mentioned in section 15(2)(b) of the post-amended Act is 5
elected under the ballot. 6
`(6) Subsection (7) applies to a person who, immediately before 7
the ballot is conducted, is an elected member mentioned in 8
section 15(2)(c) of the pre-amended Act. 9
`(7) The person's term of office ends when the elected member 10
mentioned in section 15(2)(c) of the post-amended Act is 11
elected under the ballot. 12
`(8) Subsection (9) applies to a person who, immediately before 13
the ballot is conducted, is an elected member mentioned in 14
section 15(2)(d) of the pre-amended Act. 15
`(9) The person's term of office ends when the new additional 16
members' terms of office start. 17
`(10) A person is taken to be elected under the ballot when the new 18
appointed members' terms of office start. 19
`(11) Despite section 19(3), the term of office of a person elected 20
under the ballot starts when the new appointed members' 21
terms of office start. 22
`(12) Subsections (3), (5), (7) and (9) apply despite section 83(3). 23
`(13) In this section-- 24
post-amended Act means this Act as in force after the 25
commencement of the University Legislation Amendment Act 26
2005, part 2. 27
`85 Appointment of new additional members 28
`The council must, within 1 year after the commencement, 29
appoint 4 persons as additional members (the new additional 30
members) under section 16. 31
s 26 33 s 26
University Legislation Amendment Bill 2005
`86 Continuation, and term of office, of additional 1
members 2
`(1) A person who was an additional member immediately before 3
the commencement continues as an additional member 4
until-- 5
(a) the person's term of office ends under subsection (2); or 6
(b) the person's office sooner becomes vacant. 7
`(2) Despite section 20, the person's term of office ends when the 8
new additional members' terms of office start. 9
`87 Council need not include additional members 10
`Despite section 12, the council need not include additional 11
members before the new additional members' terms of office 12
start. 13
`88 Dealing with casual vacancy in office of elected 14
member 15
`(1) This section applies if a casual vacancy arises in the office of 16
an elected member after the commencement and before the 17
ballot mentioned in section 84(1) is conducted. 18
`(2) For appointing or electing a person to the office, the 19
pre-amended Act continues to apply as if the University 20
Legislation Amendment Act 2005, part 2, had not commenced. 21
`Subdivision 3 Constitution of council 22
`89 Constitution of council 23
`(1) This section applies until the new appointed members' terms 24
of office start. 25
`(2) Despite section 17, the council is taken to be properly 26
constituted when it has 12 or more members, whether they be 27
additional, appointed, elected or official members.'. 28
s 27 34 s 27
University Legislation Amendment Bill 2005
Clause 27 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definition indictable offence-- 2
omit. 3
(2) Schedule 2-- 4
insert-- 5
`commencement, for part 8, division 2, see section 79. 6
commencing day, for part 8, division 1, see section 66. 7
conduct obligation, in relation to a member, means an 8
obligation that-- 9
(a) is stated in the university's approved code of conduct 10
under the Public Sector Ethics Act 1994; and 11
(b) must be complied with by the member. 12
continuing corporation, for part 8, division 1, see section 66. 13
conviction means a conviction other than a spent conviction. 14
former corporation, for part 8, division 1, see section 66. 15
indictable offence includes an indictable offence dealt with 16
summarily, whether or not the Criminal Code, section 659,5 17
applies to the indictable offence. 18
new additional members, for part 8, division 2, see 19
section 79. 20
new appointed members, for part 8, division 2, see section 79. 21
notice means written notice. 22
pre-amended Act, for part 8, division 2, see section 79. 23
president means the president of the academic board. 24
previous council, for part 8, division 1, see section 66. 25
repealed Act, for part 8, division 1, see section 66. 26
spent conviction means a conviction-- 27
5 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
s 28 35 s 29
University Legislation Amendment Bill 2005
(a) for which the rehabilitation period under the Criminal 1
Law (Rehabilitation of Offenders) Act 1986 has expired 2
under that Act; and 3
(b) that is not revived as prescribed by section 116 of that 4
Act. 5
union, for part 8, division 1, see section 66.'. 6
Part 3 Amendment of Griffith 7
University Act 1998 8
Clause 28 Act amended in pt 3 9
This part amends the Griffith University Act 1998. 10
Clause 29 Replacement of ss 12 and 13 11
Sections 12 and 13-- 12
omit, insert-- 13
`12 Membership of council 14
`The council consists of official members, appointed 15
members, elected members and additional members. 16
`13 Official members 17
`(1) There are 2 official members. 18
`(2) The official members are-- 19
(a) the chancellor; and 20
(b) the vice-chancellor.'. 21
6 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 30 36 s 31
University Legislation Amendment Bill 2005
Clause 30 Amendment of s 14 (Appointed members) 1
Section 14(1), `8'-- 2
omit, insert-- 3
`7'. 4
Clause 31 Amendment of s 15 (Elected members) 5
(1) Section 15(1), `12'-- 6
omit, insert-- 7
`5'. 8
(2) Section 15(2)(a), `4'-- 9
omit, insert-- 10
`2'. 11
(3) Section 15(2)(b), `2 members'-- 12
omit, insert-- 13
`1 member'. 14
(4) Section 15(2)(c) and (d)-- 15
omit, insert-- 16
`(c) 1 undergraduate student, other than a person eligible for 17
membership under paragraph (a) or (b); and 18
(d) 1 postgraduate student, other than a person eligible for 19
membership under paragraph (a) or (b).'. 20
(5) Section 15(3), `mentioned in subsection (2)(a) to (d)'-- 21
omit. 22
(6) Section 15(3)(c), before `students'-- 23
insert-- 24
`undergraduate'. 25
(7) Section 15(3)(d), `members of the convocation'-- 26
omit, insert-- 27
`postgraduate students'. 28
s 32 37 s 35
University Legislation Amendment Bill 2005
Clause 32 Replacement of s 16 (Additional members) 1
Section 16-- 2
omit, insert-- 3
`16 Additional members 4
`(1) There are 4 additional members. 5
`(2) The council must appoint the additional members. 6
`(3) The council must appoint at least 2 graduates of the university 7
as additional members. 8
`(4) An additional member must not be a student or a member of 9
the university's academic staff or general staff.'. 10
Clause 33 Amendment of s 17 (When council is taken to be properly 11
constituted) 12
Section 17, `15'-- 13
omit, insert-- 14
`11'. 15
Clause 34 Amendment of s 18 (Appointed member's term of office) 16
Section 18, `3 years'-- 17
omit, insert-- 18
`4 years'. 19
Clause 35 Amendment of s 19 (Elected member's term of office) 20
Section 19(1) and (2)-- 21
omit, insert-- 22
`(1) An elected member mentioned in section 15(2)(a) or (b) holds 23
office for 4 years. 24
`(2) An elected member mentioned in section 15(2)(c) or (d) holds 25
office for 2 years.'. 26
s 36 38 s 38
University Legislation Amendment Bill 2005
Clause 36 Replacement of s 20 (Additional member's term of office) 1
Section 20-- 2
omit, insert-- 3
`20 Additional member's term of office 4
`An additional member is to be appointed for a term of not 5
more than 4 years decided by the council.'. 6
Clause 37 Replacement of s 23 (Ineligibility for membership of 7
council) 8
Section 23-- 9
omit, insert-- 10
`23 Ineligibility for membership of council 11
`(1) A person is not eligible to become an elected, appointed or 12
additional member if-- 13
(a) the person is disqualified from managing corporations 14
under the Corporations Act, part 2D.6;7 or 15
(b) the person has a conviction for an indictable offence, 16
other than an offence in relation to which the person is 17
not eligible under paragraph (a). 18
`(2) Also, a person is not eligible to be elected or appointed as an 19
elected, appointed or additional member if the person's 20
election or appointment as the member would result in the 21
person being a member for 12 years or more, whether 22
continuously or not. 23
`(3) Subsection (2) does not apply to a person if a majority of 24
members agree the person may be elected or appointed as an 25
elected, appointed or additional member. 26
`(4) Subsection (1)(b) is subject to sections 25 and 26.'. 27
Clause 38 Amendment of s 24 (Vacation of office) 28
(1) Section 24(1)(f) and (g)-- 29
omit, insert-- 30
7 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 39 39 s 39
University Legislation Amendment Bill 2005
`(f) the member is removed from office under section 26B; 1
or 2
(g) the member is disqualified from managing corporations 3
under the Corporations Act, part 2D.6; or 4
(h) the member is convicted of an indictable offence, other 5
than an offence in relation to which the member's office 6
becomes vacant under paragraph (g).'. 7
(2) Section 24(2)-- 8
omit, insert-- 9
`(2) Subsection (1)(h) is subject to sections 25 and 26.'. 10
Clause 39 Insertion of new pt 2, divs 3A and 3B 11
After section 26-- 12
insert-- 13
`Division 3A Members' function, and removing 14
elected, appointed and additional 15
members from office 16
`26A Member's function, and obligations about function 17
`(1) A member has the function of ensuring the council performs 18
its functions and exercises its powers appropriately, 19
effectively and efficiently. 20
`(2) In performing the function, a member-- 21
(a) must act honestly and in the best interests of the 22
university; and 23
(b) must exercise reasonable skill, care and diligence; and 24
(c) must disclose to the council any conflict that may arise 25
between the member's personal interests and the 26
interests of the university; and 27
(d) must not make improper use of his or her position as a 28
member, or of information acquired because of his or 29
her position as a member, to gain, directly or indirectly, 30
an advantage for the member or another person. 31
s 39 40 s 39
University Legislation Amendment Bill 2005
`26B Council may remove member from office 1
`(1) The council may remove an elected, appointed or additional 2
member from office if at least 12 members are satisfied the 3
member has not complied with-- 4
(a) section 26A(2); or 5
(b) a conduct obligation. 6
`(2) If the council decides to remove a member from office under 7
subsection (1), the council must as soon as practicable-- 8
(a) give the member notice of the decision and the reasons 9
for it; and 10
(b) if the member is an appointed member--give the 11
Minister a copy of the notice. 12
`(3) If the council gives a member a notice under subsection (2)(a), 13
the member's term of office ends on the later of the 14
following-- 15
(a) the day the member receives the notice; 16
(b) the day, if any, stated in the notice for that purpose. 17
`(4) The council's power to remove an appointed member from 18
office under this section does not limit the Governor in 19
Council's powers under the Acts Interpretation Act 1954, 20
section 25(1)(b)(i) or (iii).8 21
`Division 3B Extending terms of office 22
`26C Minister may extend terms of office 23
`(1) The Minister may, by notice given to the council, extend the 24
terms of office of elected, appointed and additional members 25
for not more than 1 year if the Minister is satisfied the 26
extension-- 27
(a) is in the best interests of the university; and 28
8 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 40 41 s 42
University Legislation Amendment Bill 2005
(b) is necessary for the council to perform its functions and 1
exercise its powers appropriately, effectively and 2
efficiently. 3
`(2) If the Minister acts under subsection (1), the Minister must 4
extend, by the same amount, the terms of office of all elected, 5
appointed and additional members. 6
`(3) The extension applies only to members holding office when 7
the notice is given under subsection (1). 8
`(4) This section-- 9
(a) does not allow the Minister to extend the terms of office 10
of the members for more than 1 year by again acting 11
under subsection (1); and 12
(b) applies despite sections 18, 19(1) and (2) and 20.'. 13
Clause 40 Amendment of s 30 (Chancellor) 14
(1) Section 30(4)-- 15
renumber as section 30(5). 16
(2) Section 30-- 17
insert-- 18
`(4) The person elected must not be a student or a member of the 19
university's academic staff or general staff.'. 20
Clause 41 Amendment of s 31 (Deputy chancellor) 21
Section 31(3), `3 years'-- 22
omit, insert-- 23
`4 years'. 24
Clause 42 Insertion of new pt 3, div 2 25
Part 3, after section 32-- 26
insert-- 27
s 42 42 s 42
University Legislation Amendment Bill 2005
`Division 2 Matters about disqualification or 1
removal from office 2
`32A Disqualification from office 3
`(1) A person can not become, or continue as, the chancellor or 4
vice-chancellor if-- 5
(a) the person is disqualified from managing corporations 6
under the Corporations Act, part 2D.6; or 7
(b) subject to subsections (2) to (4), the person has a 8
conviction for an indictable offence other than an 9
offence in relation to which the person is disqualified 10
from office under paragraph (a). 11
`(2) If the council considers it would be reasonable, having regard 12
to the circumstances of the indictable offence mentioned in 13
subsection (1)(b) of which the person has been convicted, the 14
council may-- 15
(a) if the person was the chancellor or vice-chancellor when 16
convicted--give notice to the person that the person-- 17
(i) is restored as the chancellor or vice-chancellor; and 18
(ii) may be later re-elected or reappointed, despite the 19
conviction; or 20
(b) otherwise--give written approval for the person to 21
become the chancellor or vice-chancellor despite the 22
conviction. 23
`(3) On the day the person receives a notice under 24
subsection (2)(a)-- 25
(a) the person is restored as the chancellor or 26
vice-chancellor; and 27
(b) if another person has been elected or appointed to fill the 28
vacancy--the other person's term of office ends. 29
`(4) If a person is restored as the chancellor or vice-chancellor 30
under subsection (3), the person's term of office as the 31
chancellor or vice-chancellor ends when it would have ended 32
if the person had not been convicted of the offence. 33
s 42 43 s 42
University Legislation Amendment Bill 2005
`32B Council may remove chancellor or vice-chancellor 1
from office 2
`(1) The council may remove the chancellor or vice-chancellor 3
from office if at least 12 members are satisfied the chancellor 4
or vice-chancellor has not complied with-- 5
(a) section 26A(2);9 or 6
(b) a conduct obligation. 7
`(2) If the council decides to remove the chancellor or 8
vice-chancellor from office under subsection (1), the council 9
must as soon as practicable give the chancellor or 10
vice-chancellor notice of the decision and the reasons for it. 11
`(3) The chancellor's or vice-chancellor's term of office ends on 12
the later of the following-- 13
(a) the day he or she receives the notice; 14
(b) the day, if any, stated in the notice for that purpose. 15
`32C Particular matters about removal of vice-chancellor 16
`(1) The council may remove the vice-chancellor from office 17
under section 32B despite the vice-chancellor's terms of 18
appointment. 19
`(2) If the council removes the vice-chancellor from office under 20
section 32B-- 21
(a) the removal does not affect the vice-chancellor's right to 22
claim compensation or other entitlements under his or 23
her terms of appointment applying when the 24
appointment ends; and 25
(b) the vice-chancellor may only claim compensation and 26
other entitlements under his or her terms of appointment 27
as if-- 28
(i) the appointment had been ended as permitted 29
under the terms of appointment; or 30
(ii) his or her term of office had ended. 31
9 Section 26A (Member's function, and obligations about function)
s 43 44 s 45
University Legislation Amendment Bill 2005
`32D Vacation of office 1
`(1) The office of the chancellor or vice-chancellor becomes 2
vacant if he or she-- 3
(a) can not continue as the chancellor or vice-chancellor 4
under section 32A; or 5
(b) is removed from office under section 32B. 6
`(2) The office of the deputy chancellor becomes vacant if his or 7
her office as a member becomes vacant under section 24 or he 8
or she otherwise stops being a member.'. 9
Clause 43 Amendment of s 61 (Making of university statutes) 10
(1) Section 61(2)(g) to (i)-- 11
renumber as section 61(2)(h) to (j). 12
(2) Section 61(2)-- 13
insert-- 14
`(g) the process for removing a person from office under 15
section 26B or 32B;10'. 16
Clause 44 Amendment of s 65 (Forming and taking part in 17
corporations) 18
Section 65(1), `include'-- 19
omit, insert-- 20
`include any of'. 21
Clause 45 Insertion of new ss 66A66C 22
After section 66-- 23
insert-- 24
10 Section 26B (Council may remove member from office) or 32B (Council may
remove chancellor or vice-chancellor from office)
s 45 45 s 45
University Legislation Amendment Bill 2005
`66A Protection from liability 1
`(1) A member is not civilly liable to someone for an act done, or 2
omission made, honestly and without negligence under this 3
Act. 4
`(2) If subsection (1) prevents a civil liability attaching to a 5
member, the liability attaches instead to the university. 6
`66B Report about person's criminal history 7
`(1) To decide whether to recommend to the Governor in Council a 8
person for appointment under section 14(2) as an appointed 9
member, the Minister may ask the commissioner of the police 10
service for-- 11
(a) a written report about the person's criminal history; and 12
(b) a brief description of the circumstances of a conviction 13
mentioned in the criminal history. 14
`(2) To decide whether a person is eligible to be the chancellor or 15
vice-chancellor, or an elected or additional member, the 16
council may ask the commissioner of the police service for-- 17
(a) a written report about the person's criminal history; and 18
(b) a brief description of the circumstances of a conviction 19
mentioned in the criminal history. 20
`(3) The commissioner of the police service must comply with a 21
request under subsection (1) or (2). 22
`(4) However, the Minister or council may make a request about a 23
person under subsection (1) or (2) only if the person has given 24
the Minister or council written consent for the request. 25
`(5) The duty imposed on the commissioner of the police service 26
to comply with the request applies only to information in the 27
commissioner's possession or to which the commissioner has 28
access. 29
`(6) The Minister or council must ensure that a report given to the 30
Minister or council under this section is destroyed as soon as 31
practicable after it is no longer needed for the purpose for 32
which it was requested. 33
s 46 46 s 46
University Legislation Amendment Bill 2005
`(7) In this section-- 1
criminal history, of a person, means the person's criminal 2
history as defined under the Criminal Law (Rehabilitation of 3
Offenders) Act 1986, other than spent convictions. 4
`66C Delegation by Minister 5
`The Minister may delegate the Minister's power under 6
section 66B(1) to an appropriately qualified officer of the 7
department.'. 8
Clause 46 Amendment of pt 8 (Transitional provisions for Education 9
(Miscellaneous Amendments) Act 2002) 10
(1) Part 8, heading-- 11
omit, insert-- 12
`Part 8 Transitional provisions'. 13
(2) Part 8, division 1, heading-- 14
omit, insert-- 15
`Division 1 Transitional provisions for the 16
Education (Miscellaneous 17
Amendments) Act 2002 18
`Subdivision 1 Preliminary'. 19
(3) Part 8, division 2, heading-- 20
omit, insert-- 21
`Subdivision 2 Provisions about the council'. 22
(4) Part 8, division 3, heading-- 23
omit, insert-- 24
`Subdivision 3 Provisions about Gold Coast 25
student body'. 26
s 47 47 s 47
University Legislation Amendment Bill 2005
(5) Part 8, division 4, heading-- 1
omit, insert-- 2
`Subdivision 4 Provision about colleges'. 3
Clause 47 Insertion of new pt 8, div 2 4
Part 8, after section 80-- 5
insert-- 6
`Division 2 Transitional provisions for the 7
University Legislation Amendment 8
Act 2005 9
`Subdivision 1 Preliminary 10
`81 Definitions for div 2 11
`In this division-- 12
commencement means the commencement of the provision in 13
which the term is used. 14
new additional members see section 87. 15
new appointed members see section 83(2). 16
pre-amended Act means this Act as in force before the 17
commencement of the University Legislation Amendment Act 18
2005, part 3. 19
`Subdivision 2 Provisions about council 20
membership 21
`82 Continuation of official member 22
`Despite section 13, a person who was an official member 23
under section 13(2)(c) of the pre-amended Act continues as an 24
official member until the new appointed members' terms of 25
office start. 26
s 47 48 s 47
University Legislation Amendment Bill 2005
`83 Appointment of new appointed members 1
`(1) The Minister must, within 1 year after the commencement, 2
recommend to the Governor in Council 7 persons for 3
appointment, under section 14(2), as appointed members. 4
`(2) The Governor in Council may appoint the persons as 5
appointed members (the new appointed members). 6
`84 Continuation, and term of office, of appointed 7
members 8
`(1) This section applies to a person who was an appointed 9
member immediately before the commencement. 10
`(2) Despite section 14(1), the person continues as an appointed 11
member until-- 12
(a) the person's term of office ends under subsection (3); or 13
(b) the person's office sooner becomes vacant. 14
`(3) Despite section 18, the person's term of office ends when the 15
new appointed members' terms of office start. 16
`85 Continuation of elected members 17
`(1) This section applies to a person who was an elected member 18
immediately before the commencement. 19
`(2) Despite section 15(1) and (2), the person continues as an 20
elected member until-- 21
(a) the person's term of office ends under section 86; or 22
(b) the person's office sooner becomes vacant. 23
`(3) Despite section 19(1) and (2), the person's term of office is 24
3 years. 25
`86 Ballot, and term of office, for elected members 26
`(1) At least 14 days before the new appointed members are 27
appointed, a ballot under section 15(3) of the post-amended 28
Act must be conducted for elected members. 29
s 47 49 s 47
University Legislation Amendment Bill 2005
`(2) Subsection (3) applies to a person who, immediately before 1
the ballot is conducted, is an elected member mentioned in 2
section 15(2)(a) of the pre-amended Act. 3
`(3) The person's term of office ends when the elected members 4
mentioned in section 15(2)(a) of the post-amended Act are 5
elected under the ballot. 6
`(4) Subsection (5) applies to a person who, immediately before 7
the ballot is conducted, is an elected member mentioned in 8
section 15(2)(b) of the pre-amended Act. 9
`(5) The person's term of office ends when the elected member 10
mentioned in section 15(2)(b) of the post-amended Act is 11
elected under the ballot. 12
`(6) Subsection (7) applies to a person who, immediately before 13
the ballot is conducted, is an elected member mentioned in 14
section 15(2)(c) of the pre-amended Act. 15
`(7) The person's term of office ends when the elected member 16
mentioned in section 15(2)(c) of the post-amended Act is 17
elected under the ballot. 18
`(8) Subsection (9) applies to a person who, immediately before 19
the ballot is conducted, is an elected member mentioned in 20
section 15(2)(d) of the pre-amended Act. 21
`(9) The person's term of office ends when the new additional 22
members' terms of office start. 23
`(10) A person is taken to be elected under the ballot when the new 24
appointed members' terms of office start. 25
`(11) Despite section 19(3), the term of office of a person elected 26
under the ballot starts when the new appointed members' 27
terms of office start. 28
`(12) Subsections (3), (5), (7) and (9) apply despite section 85(3). 29
`(13) In this section-- 30
post-amended Act means this Act as in force after the 31
commencement of the University Legislation Amendment Act 32
2005, part 3. 33
s 47 50 s 47
University Legislation Amendment Bill 2005
`87 Appointment of new additional members 1
`The council must, within 1 year after the commencement, 2
appoint 4 persons as additional members (the new additional 3
members) under section 16. 4
`88 Continuation, and term of office, of additional 5
members 6
`(1) A person who was an additional member immediately before 7
the commencement continues as an additional member 8
until-- 9
(a) the person's term of office ends under subsection (2); or 10
(b) the person's office sooner becomes vacant. 11
`(2) Despite section 20, the person's term of office ends when the 12
new additional members' terms of office start. 13
`89 Council need not include additional members 14
`Despite section 12, the council need not include additional 15
members before the new additional members' terms of office 16
start. 17
`90 Dealing with casual vacancy in office of elected 18
member 19
`(1) This section applies if a casual vacancy arises in the office of 20
an elected member after the commencement and before the 21
ballot mentioned in section 86(1) is conducted. 22
`(2) For appointing or electing a person to the office, the 23
pre-amended Act continues to apply as if the University 24
Legislation Amendment Act 2005, part 3, had not commenced. 25
`Subdivision 3 Constitution of council 26
`91 Constitution of council 27
`(1) This section applies until the new appointed members' terms 28
of office start. 29
s 48 51 s 48
University Legislation Amendment Bill 2005
`(2) Despite section 17, the council is taken to be properly 1
constituted when it has 15 or more members, whether they be 2
additional, appointed, elected or official members.'. 3
Clause 48 Amendment of sch 2 (Dictionary) 4
(1) Schedule 2, definition indictable offence-- 5
omit. 6
(2) Schedule 2-- 7
insert-- 8
`college, for part 8, division 1, see section 70. 9
commencement-- 10
(a) for part 8, division 1, see section 70; and 11
(b) for part 8, division 2, see section 81. 12
conduct obligation, in relation to a member, means an 13
obligation that-- 14
(a) is stated in the university's approved code of conduct 15
under the Public Sector Ethics Act 1994; and 16
(b) must be complied with by the member. 17
conviction means a conviction other than a spent conviction. 18
Gold Coast college, for part 8, division 1, see section 70. 19
Gold Coast student body, for part 8, division 1, see section 70. 20
indictable offence includes an indictable offence dealt with 21
summarily, whether or not the Criminal Code, section 659,11 22
applies to the indictable offence. 23
new additional members, for part 8, division 2, see 24
section 81. 25
new appointed members, for part 8, division 2, see section 81. 26
notice means written notice. 27
pre-amended Act-- 28
(a) for part 8, division 1, see section 70; and 29
11 Criminal Code, section 659 (Effect of summary conviction for indictable offence)
s 49 52 s 51
University Legislation Amendment Bill 2005
(b) for part 8, division 2, see section 81. 1
spent conviction means a conviction-- 2
(a) for which the rehabilitation period under the Criminal 3
Law (Rehabilitation of Offenders) Act 1986 has expired 4
under that Act; and 5
(b) that is not revived as prescribed by section 1112 of that 6
Act.'. 7
Part 4 Amendment of James Cook 8
University Act 1997 9
Clause 49 Act amended in pt 4 10
This part amends the James Cook University Act 1997. 11
Clause 50 Amendment of s 11 (Delegation) 12
Section 11-- 13
insert-- 14
`(3) Despite subsection (2)(c), the council may delegate its power 15
to approve spending of funds available to the university by 16
way of bequest, donation or special grant if-- 17
(a) the expenditure is for a matter funded by bequest, 18
donation or special grant; and 19
(b) the amount of expenditure for the matter is not more 20
than $100 000.'. 21
Clause 51 Replacement of ss 12 and 13 22
Sections 12 and 13-- 23
omit, insert-- 24
12 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 52 53 s 53
University Legislation Amendment Bill 2005
`12 Membership of council 1
`The council consists of official members, appointed 2
members, elected members and an additional member. 3
`13 Official members 4
`(1) There are 3 official members. 5
`(2) The official members are-- 6
(a) the chancellor; and 7
(b) the vice-chancellor; and 8
(c) the chairperson of the academic board.'. 9
Clause 52 Amendment of s 14 (Appointed members) 10
Section 14(1), `9'-- 11
omit, insert-- 12
`8'. 13
Clause 53 Amendment of s 15 (Elected members) 14
(1) Section 15(2)(b) and (3)(b), `full-time'-- 15
omit. 16
(2) Section 15(2)(c) and (d)-- 17
omit, insert-- 18
`(c) 1 undergraduate student; and 19
(d) 1 postgraduate student; and 20
(e) 1 undergraduate or postgraduate student; and 21
(f) 2 members of the convocation, other than persons 22
eligible for membership under paragraph (a), (b), (c), (d) 23
or (e).'. 24
(3) Section 15(3)(c) and (d)-- 25
omit, insert-- 26
`(c) for an elected member mentioned in subsection (2)(c), 27
(d) or (e)--all the students may vote; or 28
s 54 54 s 56
University Legislation Amendment Bill 2005
(d) for an elected member mentioned in 1
subsection (2)(f)--all the members of the convocation 2
may vote.'. 3
(4) Section 15(4)(a), `subsection (2)(c)'-- 4
omit, insert-- 5
`subsection (2)(c), (d) or (e)'. 6
(5) Section 15(4)(b), `subsection (2)(d)'-- 7
omit, insert-- 8
`subsection (2)(f)'. 9
Clause 54 Replacement of s 16 (Additional members) 10
Section 16-- 11
omit, insert-- 12
`16 Additional member 13
`(1) There is 1 additional member. 14
`(2) The council must appoint the additional member. 15
`(3) The additional member must not be a student or a member of 16
the university's academic staff or general staff.'. 17
Clause 55 Amendment of s 17 (When council is taken to be properly 18
constituted) 19
Section 17, `15'-- 20
omit, insert-- 21
`12'. 22
Clause 56 Amendment of s 18 (Appointed member's term of office) 23
Section 18, `3 years'-- 24
omit, insert-- 25
`4 years'. 26
s 57 55 s 60
University Legislation Amendment Bill 2005
Clause 57 Amendment of s 19 (Elected member's term of office) 1
(1) Section 19(1)-- 2
omit, insert-- 3
`(1) An elected member mentioned in section 15(2)(a), (b) or (f) 4
holds office for 4 years. 5
`(1A) An elected member mentioned in section 15(2)(c), (d) or (e) 6
holds office for 2 years.'. 7
(2) Section 19(1A) and (2)-- 8
renumber as section 19(2) and (3). 9
Clause 58 Replacement of s 20 (Additional member's term of office) 10
Section 20-- 11
omit, insert-- 12
`20 Additional member's term of office 13
`The additional member is to be appointed for a term of not 14
more than 4 years decided by the council.'. 15
Clause 59 Amendment of s 20A (Dealing with casual vacancy in 16
office of an elected member) 17
Section 20A(7), definition member of the convocation, `(b) or 18
(c)'-- 19
omit, insert-- 20
`(b), (c), (d) or (e)'. 21
Clause 60 Replacement of s 23 (Ineligibility for membership of 22
council) 23
Section 23-- 24
omit, insert-- 25
`23 Ineligibility for membership of council 26
`(1) A person is not eligible to become an elected, appointed or 27
additional member if-- 28
s 61 56 s 62
University Legislation Amendment Bill 2005
(a) the person is disqualified from managing corporations 1
under the Corporations Act, part 2D.6;13 or 2
(b) the person has a conviction for an indictable offence, 3
other than an offence in relation to which the person is 4
not eligible under paragraph (a). 5
`(2) Also, a person is not eligible to be elected or appointed as an 6
elected, appointed or additional member if the person's 7
election or appointment as the member would result in the 8
person being a member for 12 years or more, whether 9
continuously or not. 10
`(3) Subsection (2) does not apply to a person if a majority of 11
members agree the person may be elected or appointed as an 12
elected, appointed or additional member. 13
`(4) Subsection (1)(b) is subject to sections 25 and 26.'. 14
Clause 61 Amendment of s 24 (Vacation of office) 15
(1) Section 24(1)(f) and (g)-- 16
omit, insert-- 17
`(f) the member is removed from office under section 26B; 18
or 19
(g) the member is disqualified from managing corporations 20
under the Corporations Act, part 2D.6; or 21
(h) the member is convicted of an indictable offence, other 22
than an offence in relation to which the member's office 23
becomes vacant under paragraph (g).'. 24
(2) Section 24(2)-- 25
omit, insert-- 26
`(2) Subsection (1)(h) is subject to sections 25 and 26.'. 27
Clause 62 Insertion of new pt 2, divs 3A and 3B 28
After section 26-- 29
insert-- 30
13 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 62 57 s 62
University Legislation Amendment Bill 2005
`Division 3A Members' function, and removing 1
elected, appointed and additional 2
members from office 3
`26A Member's function, and obligations about function 4
`(1) A member has the function of ensuring the council performs 5
its functions and exercises its powers appropriately, 6
effectively and efficiently. 7
`(2) In performing the function, a member-- 8
(a) must act honestly and in the best interests of the 9
university; and 10
(b) must exercise reasonable skill, care and diligence; and 11
(c) must disclose to the council any conflict that may arise 12
between the member's personal interests and the 13
interests of the university; and 14
(d) must not make improper use of his or her position as a 15
member, or of information acquired because of his or 16
her position as a member, to gain, directly or indirectly, 17
an advantage for the member or another person. 18
`26B Council may remove member from office 19
`(1) The council may remove an elected, appointed or additional 20
member from office if at least 15 members are satisfied the 21
member has not complied with-- 22
(a) section 26A(2); or 23
(b) a conduct obligation. 24
`(2) If the council decides to remove a member from office under 25
subsection (1), the council must as soon as practicable-- 26
(a) give the member notice of the decision and the reasons 27
for it; and 28
(b) if the member is an appointed member--give the 29
Minister a copy of the notice. 30
s 62 58 s 62
University Legislation Amendment Bill 2005
`(3) If the council gives a member a notice under subsection (2)(a), 1
the member's term of office ends on the later of the 2
following-- 3
(a) the day the member receives the notice; 4
(b) the day, if any, stated in the notice for that purpose. 5
`(4) The council's power to remove an appointed member from 6
office under this section does not limit the Governor in 7
Council's powers under the Acts Interpretation Act 1954, 8
section 25(1)(b)(i) or (iii).14 9
`Division 3B Extending terms of office 10
`26C Minister may extend terms of office 11
`(1) The Minister may, by notice given to the council, extend the 12
terms of office of the elected, appointed and additional 13
members for not more than 1 year if the Minister is satisfied 14
the extension-- 15
(a) is in the best interests of the university; and 16
(b) is necessary for the council to perform its functions and 17
exercise its powers appropriately, effectively and 18
efficiently. 19
`(2) If the Minister acts under subsection (1), the Minister must 20
extend, by the same amount, the terms of office of all elected, 21
appointed and additional members. 22
`(3) The extension applies only to members holding office when 23
the notice is given under subsection (1). 24
`(4) This section-- 25
(a) does not allow the Minister to extend the terms of office 26
of the members for more than 1 year by again acting 27
under subsection (1); and 28
(b) applies despite sections 18, 19(1) and (2) and 20.'. 29
14 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 63 59 s 66
University Legislation Amendment Bill 2005
Clause 63 Amendment of s 30 (Chancellor) 1
(1) Section 30(4)-- 2
renumber as section 30(5). 3
(2) Section 30-- 4
insert-- 5
`(4) The person elected must not be a student or a member of the 6
university's academic staff or general staff.'. 7
Clause 64 Amendment of s 31 (Deputy chancellor) 8
Section 31(3), `3 years'-- 9
omit, insert-- 10
`4 years'. 11
Clause 65 Insertion of new s 40AA 12
Part 4, division 4, after section 40-- 13
insert-- 14
`40AA Chairperson of academic board 15
`(1) There is to be a chairperson of the academic board. 16
`(2) The council must decide who is the chairperson. 17
`(3) The chairperson holds office for the term, not longer than 18
2 years, decided by the council.'. 19
Clause 66 Insertion of new pt 4A 20
Before part 5-- 21
insert-- 22
s 66 60 s 66
University Legislation Amendment Bill 2005
`Part 4A Matters relating to offices of 1
chancellor, deputy chancellor, 2
vice-chancellor and 3
chairperson 4
`40C Disqualification from office 5
`(1) A person can not become, or continue as, the chancellor, 6
vice-chancellor or chairperson if-- 7
(a) the person is disqualified from managing corporations 8
under the Corporations Act, part 2D.6; or 9
(b) subject to subsections (2) to (4), the person has a 10
conviction for an indictable offence other than an 11
offence in relation to which the person is disqualified 12
from office under paragraph (a). 13
`(2) If the council considers it would be reasonable, having regard 14
to the circumstances of the indictable offence mentioned in 15
subsection (1)(b) of which the person has been convicted, the 16
council may-- 17
(a) if the person was the chancellor, vice-chancellor or 18
chairperson when convicted--give notice to the person 19
that the person-- 20
(i) is restored as the chancellor, vice-chancellor or 21
chairperson; and 22
(ii) may be later re-elected or reappointed, despite the 23
conviction; or 24
(b) otherwise--give written approval for the person to 25
become the chancellor, vice-chancellor or chairperson 26
despite the conviction. 27
`(3) On the day the person receives a notice under 28
subsection (2)(a)-- 29
(a) the person is restored as the chancellor, vice-chancellor 30
or chairperson; and 31
(b) if another person has been elected or appointed to fill the 32
vacancy--the other person's term of office ends. 33
s 66 61 s 66
University Legislation Amendment Bill 2005
`(4) If a person is restored as the chancellor, vice-chancellor or 1
chairperson under subsection (3), the person's term of office 2
as the chancellor, vice-chancellor or chairperson ends when it 3
would have ended if the person had not been convicted of the 4
offence. 5
`40D Council may remove chancellor, vice-chancellor or 6
chairperson from office 7
`(1) The council may remove the chancellor, vice-chancellor or 8
chairperson from office if at least 15 members are satisfied the 9
chancellor, vice-chancellor or chairperson has not complied 10
with-- 11
(a) section 26A(2);15 or 12
(b) a conduct obligation. 13
`(2) If the council decides to remove the chancellor, 14
vice-chancellor or chairperson from office under 15
subsection (1), the council must as soon as practicable give 16
the chancellor, vice-chancellor or chairperson notice of the 17
decision and the reasons for it. 18
`(3) The chancellor's, vice-chancellor's or chairperson's term of 19
office ends on the later of the following-- 20
(a) the day he or she receives the notice; 21
(b) the day, if any, stated in the notice for that purpose. 22
`40E Particular matters about removal of vice-chancellor 23
`(1) The council may remove the vice-chancellor from office 24
under section 40D despite the vice-chancellor's terms of 25
appointment. 26
`(2) If the council removes the vice-chancellor from office under 27
section 40D-- 28
(a) the removal does not affect the vice-chancellor's right to 29
claim compensation or other entitlements under his or 30
15 Section 26A (Member's function, and obligations about function)
s 67 62 s 67
University Legislation Amendment Bill 2005
her terms of appointment applying when the 1
appointment ends; and 2
(b) the vice-chancellor may only claim compensation and 3
other entitlements under his or her terms of appointment 4
as if-- 5
(i) the appointment had been ended as permitted 6
under the terms of appointment; or 7
(ii) his or her term of office had ended. 8
`40F Vacation of office 9
`(1) The office of the chancellor, vice-chancellor or chairperson 10
becomes vacant if he or she-- 11
(a) can not continue as the chancellor, vice-chancellor or 12
chairperson under section 40C; or 13
(b) is removed from office under section 40D. 14
`(2) The office of the deputy chancellor becomes vacant if his or 15
her office as a member becomes vacant under section 24 or he 16
or she otherwise stops being a member.'. 17
Clause 67 Amendment of s 57 (Making of university statutes) 18
(1) Section 57(2)-- 19
insert-- 20
`(ea) the process for removing a person from office under 21
section 26B or 40D;16 22
(eb) the spending of funds under a delegation under 23
section 11(3);'. 24
(2) Section 57(2)(aa) to (i)-- 25
renumber as section 57(2)(b) to (l). 26
16 Section 26B (Council may remove member from office) or 40D (Council may
remove chancellor, vice-chancellor or chairperson from office)
s 68 63 s 69
University Legislation Amendment Bill 2005
(3) Section 57(3), `(2)(b)'-- 1
omit, insert-- 2
`(2)(c)'. 3
Clause 68 Amendment of s 61 (Forming and taking part in 4
corporations) 5
Section 61(1), `include'-- 6
omit, insert-- 7
`include any of'. 8
Clause 69 Insertion of new ss 62A62C 9
After section 62-- 10
insert-- 11
`62A Protection from liability 12
`(1) A member is not civilly liable to someone for an act done, or 13
omission made, honestly and without negligence under this 14
Act. 15
`(2) If subsection (1) prevents a civil liability attaching to a 16
member, the liability attaches instead to the university. 17
`62B Report about person's criminal history 18
`(1) To decide whether to recommend to the Governor in Council a 19
person for appointment under section 14(2) as an appointed 20
member, the Minister may ask the commissioner of the police 21
service for-- 22
(a) a written report about the person's criminal history; and 23
(b) a brief description of the circumstances of a conviction 24
mentioned in the criminal history. 25
`(2) To decide whether a person is eligible to be the chancellor, 26
vice-chancellor or chairperson, or an elected or additional 27
member, the council may ask the commissioner of the police 28
service for-- 29
(a) a written report about the person's criminal history; and 30
s 70 64 s 70
University Legislation Amendment Bill 2005
(b) a brief description of the circumstances of a conviction 1
mentioned in the criminal history. 2
`(3) The commissioner of the police service must comply with a 3
request under subsection (1) or (2). 4
`(4) However, the Minister or council may make a request about a 5
person under subsection (1) or (2) only if the person has given 6
the Minister or council written consent for the request. 7
`(5) The duty imposed on the commissioner of the police service 8
to comply with the request applies only to information in the 9
commissioner's possession or to which the commissioner has 10
access. 11
`(6) The Minister or council must ensure that a report given to the 12
Minister or council under this section is destroyed as soon as 13
practicable after it is no longer needed for the purpose for 14
which it was requested. 15
`(7) In this section-- 16
criminal history, of a person, means the person's criminal 17
history as defined under the Criminal Law (Rehabilitation of 18
Offenders) Act 1986, other than spent convictions. 19
`62C Delegation by Minister 20
`The Minister may delegate the Minister's power under 21
section 62B(1) to an appropriately qualified officer of the 22
department.'. 23
Clause 70 Insertion of new pt 8, div 2 24
Part 8, after section 67-- 25
insert-- 26
s 70 65 s 70
University Legislation Amendment Bill 2005
`Division 2 Transitional provisions for the 1
University Legislation Amendment 2
Act 2005 3
`Subdivision 1 Preliminary 4
`68 Definitions for div 2 5
`In this division-- 6
commencement means the commencement of the provision in 7
which the term is used. 8
new additional member see section 74. 9
new appointed members see section 70(2). 10
pre-amended Act means this Act as in force before the 11
commencement of the University Legislation Amendment Act 12
2005, part 4. 13
`Subdivision 2 Provisions about council 14
membership 15
`69 Continuation of official members 16
`Despite section 13, a person who was an official member 17
under section 13(2)(c), (e) or (f) of the pre-amended Act 18
continues as an official member until the new appointed 19
members' terms of office start. 20
`70 Appointment of new appointed members 21
`(1) The Minister must, within 1 year after the commencement, 22
recommend to the Governor in Council 8 persons for 23
appointment, under section 14(2), as appointed members. 24
`(2) The Governor in Council may appoint the persons as 25
appointed members (the new appointed members). 26
s 70 66 s 70
University Legislation Amendment Bill 2005
`71 Continuation, and term of office, of appointed 1
members 2
`(1) This section applies to a person who was an appointed 3
member immediately before the commencement. 4
`(2) Despite section 14(1), the person continues as an appointed 5
member until-- 6
(a) the person's term of office ends under subsection (3); or 7
(b) the person's office sooner becomes vacant. 8
`(3) Despite section 18, the person's term of office ends when the 9
new appointed members' terms of office start. 10
`72 Continuation of elected members 11
`(1) This section applies to a person who was an elected member 12
immediately before the commencement. 13
`(2) Despite section 15(1) and (2), the person continues as an 14
elected member until-- 15
(a) the person's term of office ends under section 73; or 16
(b) the person's office sooner becomes vacant. 17
`(3) Despite section 19(1) and (2), the person's term of office is 18
3 years. 19
`73 Ballot, and term of office, for elected members 20
`(1) At least 14 days before the new appointed members are 21
appointed, a ballot under section 15(3) of the post-amended 22
Act must be conducted for elected members. 23
`(2) Subsection (3) applies to a person who, immediately before 24
the ballot is conducted, is an elected member mentioned in 25
section 15(2)(a) of the pre-amended Act. 26
`(3) The person's term of office ends when the person who is the 27
member's successor is elected under the ballot. 28
`(4) Subsection (5) applies to a person who, immediately before 29
the ballot is conducted, is an elected member mentioned in 30
section 15(2)(b) of the pre-amended Act. 31
s 70 67 s 70
University Legislation Amendment Bill 2005
`(5) The person's term of office ends when the elected members 1
mentioned in section 15(2)(b) of the post-amended Act are 2
elected under the ballot. 3
`(6) Subsection (7) applies to a person who, immediately before 4
the ballot is conducted, is an elected member mentioned in 5
section 15(2)(c) of the pre-amended Act. 6
`(7) The person's term of office ends when the elected member 7
mentioned in section 15(2)(c) of the post-amended Act is 8
elected under the ballot. 9
`(8) Subsection (9) applies to a person who, immediately before 10
the ballot is conducted, is an elected member mentioned in 11
section 15(2)(d) of the pre-amended Act. 12
`(9) The person's term of office ends when the elected members 13
mentioned in section 15(2)(f) of the post-amended Act are 14
elected under the ballot. 15
`(10) A person is taken to be elected under the ballot when the new 16
appointed members' terms of office start. 17
`(11) Despite section 19(3), the term of office of a person elected 18
under the ballot starts when the new appointed members' 19
terms of office start. 20
`(12) Subsections (3), (5), (7) and (9) apply despite section 72(3). 21
`(13) In this section-- 22
post-amended Act means this Act as in force after the 23
commencement of the University Legislation Amendment Act 24
2005, part 4. 25
`74 Appointment of new additional member 26
`The council must, within 1 year after the commencement, 27
appoint a person as the additional member (the new 28
additional member) under section 16. 29
`75 Continuation, and term of office, of additional 30
members 31
`(1) A person who was an additional member immediately before 32
the commencement continues as an additional member 33
until-- 34
s 71 68 s 71
University Legislation Amendment Bill 2005
(a) the person's term of office ends under subsection (2); or 1
(b) the person's office sooner becomes vacant. 2
`(2) Despite section 20, the person's term of office ends when the 3
new additional member's term of office starts. 4
`76 Council need not include additional members 5
`Despite section 12, the council need not include an additional 6
member before the new additional member's term of office 7
starts. 8
`77 Dealing with casual vacancy in office of elected 9
member 10
`(1) This section applies if a casual vacancy arises in the office of 11
an elected member after the commencement and before the 12
ballot mentioned in section 73(1) is conducted. 13
`(2) For appointing or electing a person to the office, the 14
pre-amended Act continues to apply as if the University 15
Legislation Amendment Act 2005, part 4, had not commenced. 16
`Subdivision 3 Constitution of council 17
`78 Constitution of council 18
`(1) This section applies until the new appointed members' terms 19
of office start. 20
`(2) Despite section 17, the council is taken to be properly 21
constituted when it has 15 or more members, whether they be 22
additional, appointed, elected or official members.'. 23
Clause 71 Amendment of sch 2 (Dictionary) 24
(1) Schedule 2, definition indictable offence-- 25
omit. 26
s 71 69 s 71
University Legislation Amendment Bill 2005
(2) Schedule 2-- 1
insert-- 2
`chairperson means the chairperson of the academic board. 3
commencement, for part 8, division 2, see section 68. 4
conduct obligation, in relation to a member, means an 5
obligation that-- 6
(a) is stated in the university's approved code of conduct 7
under the Public Sector Ethics Act 1994; and 8
(b) must be complied with by the member. 9
conviction means a conviction other than a spent conviction. 10
indictable offence includes an indictable offence dealt with 11
summarily, whether or not the Criminal Code, section 659,17 12
applies to the indictable offence. 13
new additional member, for part 8, division 2, see section 68. 14
new appointed members, for part 8, division 2, see section 68. 15
notice means written notice. 16
pre-amended Act, for part 8, division 2, see section 68. 17
spent conviction means a conviction-- 18
(a) for which the rehabilitation period under the Criminal 19
Law (Rehabilitation of Offenders) Act 1986 has expired 20
under that Act; and 21
(b) that is not revived as prescribed by section 1118 of that 22
Act.'. 23
17 Criminal Code, section 659 (Effect of summary conviction for indictable offence)
18 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 72 70 s 75
University Legislation Amendment Bill 2005
Part 5 Amendment of Queensland 1
University of Technology Act 2
1998 3
Clause 72 Act amended in pt 5 4
This part amends the Queensland University of Technology 5
Act 1998. 6
Clause 73 Amendment of s 11 (Delegation) 7
Section 11-- 8
insert-- 9
`(3) Despite subsection (2)(c), the council may delegate its power 10
to approve spending of funds mentioned in that paragraph if 11
the expenditure is for a scholarship or a prize funded by 12
bequest, donation or special grant.'. 13
Clause 74 Replacement of s 12 (Membership of council) 14
Section 12-- 15
omit, insert-- 16
`12 Membership of council 17
`The council consists of official members, appointed 18
members, elected members and additional members.'. 19
Clause 75 Replacement of s 13 (Official members) 20
Section 13-- 21
omit, insert-- 22
`13 Official members 23
`The official members are-- 24
(a) the chancellor; and 25
(b) the vice-chancellor; and 26
s 76 71 s 79
University Legislation Amendment Bill 2005
(c) if the chairperson of the academic committee is not the 1
chancellor or vice-chancellor, or an elected, appointed 2
or additional member--the chairperson.'. 3
Clause 76 Amendment of s 15 (Elected members) 4
(1) Section 15(2)(b), `general'-- 5
omit, insert-- 6
`professional'. 7
(2) Section 15(3)(b), `general'-- 8
omit, insert-- 9
`professional'. 10
Clause 77 Replacement of s 16 (Additional members) 11
Section 16-- 12
omit, insert-- 13
`16 Additional members 14
`(1) There are 2 additional members. 15
`(2) The council must appoint the additional members. 16
`(3) An additional member must not be a student or a member of 17
the university's academic staff or professional staff.'. 18
Clause 78 Amendment of s 18 (Appointed member's term of office) 19
Section 18, `3 years'-- 20
omit, insert-- 21
`4 years'. 22
Clause 79 Amendment of s 19 (Elected member's term of office) 23
(1) Section 19(1)-- 24
omit, insert-- 25
`(1) An elected member mentioned in section 15(2)(a), (b) or (d) 26
holds office for 4 years. 27
s 80 72 s 81
University Legislation Amendment Bill 2005
`(1A) An elected member mentioned in section 15(2)(c) holds office 1
for 2 years.'. 2
(2) Section 19(1A) and (2)-- 3
renumber as section 19(2) and (3). 4
Clause 80 Replacement of s 20 (Additional member's term of office) 5
Section 20-- 6
omit, insert-- 7
`20 Additional member's term of office 8
`An additional member is to be appointed for a term of not 9
more than 4 years decided by the council.'. 10
Clause 81 Replacement of s 23 (Ineligibility for membership of 11
council) 12
Section 23-- 13
omit, insert-- 14
`23 Ineligibility for membership of council 15
`(1) A person is not eligible to become an elected, appointed or 16
additional member if-- 17
(a) the person is disqualified from managing corporations 18
under the Corporations Act, part 2D.6;19 or 19
(b) the person has a conviction for an indictable offence, 20
other than an offence in relation to which the person is 21
not eligible under paragraph (a). 22
`(2) Also, a person is not eligible to be elected or appointed as an 23
elected, appointed or additional member if the person's 24
election or appointment as the member would result in the 25
person being a member for 12 years or more, whether 26
continuously or not. 27
19 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 82 73 s 83
University Legislation Amendment Bill 2005
`(3) Subsection (2) does not apply to a person if a majority of 1
members agree the person may be elected or appointed as an 2
elected, appointed or additional member. 3
`(4) Subsection (1)(b) is subject to sections 25 and 26.'. 4
Clause 82 Amendment of s 24 (Vacation of office) 5
(1) Section 24(1)(f) and (g)-- 6
omit, insert-- 7
`(f) the member is removed from office under section 26B; 8
or 9
(g) the member is disqualified from managing corporations 10
under the Corporations Act, part 2D.6; or 11
(h) the member is convicted of an indictable offence, other 12
than an offence in relation to which the member's office 13
becomes vacant under paragraph (g).'. 14
(2) Section 24(2)-- 15
omit, insert-- 16
`(2) Subsection (1)(h) is subject to sections 25 and 26.'. 17
Clause 83 Insertion of new pt 2, divs 3A and 3B 18
After section 26-- 19
insert-- 20
`Division 3A Members' function, and removing 21
elected, appointed and additional 22
members from office 23
`26A Member's function, and obligations about function 24
`(1) A member has the function of ensuring the council performs 25
its functions and exercises its powers appropriately, 26
effectively and efficiently. 27
`(2) In performing the function, a member-- 28
(a) must act honestly and in the best interests of the 29
university; and 30
s 83 74 s 83
University Legislation Amendment Bill 2005
(b) must exercise reasonable skill, care and diligence; and 1
(c) must disclose to the council any conflict that may arise 2
between the member's personal interests and the 3
interests of the university; and 4
(d) must not make improper use of his or her position as a 5
member, or of information acquired because of his or 6
her position as a member, to gain, directly or indirectly, 7
an advantage for the member or another person. 8
`26B Council may remove member from office 9
`(1) The council may remove an elected, appointed or additional 10
member from office if at least 15 members are satisfied the 11
member has not complied with-- 12
(a) section 26A(2); or 13
(b) a conduct obligation. 14
`(2) If the council decides to remove a member from office under 15
subsection (1), the council must as soon as practicable-- 16
(a) give the member notice of the decision and the reasons 17
for it; and 18
(b) if the member is an appointed member--give the 19
Minister a copy of the notice. 20
`(3) If the council gives a member a notice under subsection (2)(a), 21
the member's term of office ends on the later of the 22
following-- 23
(a) the day the member receives the notice; 24
(b) the day, if any, stated in the notice for that purpose. 25
`(4) The council's power to remove an appointed member from 26
office under this section does not limit the Governor in 27
s 84 75 s 84
University Legislation Amendment Bill 2005
Council's powers under the Acts Interpretation Act 1954, 1
section 25(1)(b)(i) or (iii).20 2
`Division 3B Extending terms of office 3
`26C Minister may extend terms of office 4
`(1) The Minister may, by notice given to the council, extend the 5
terms of office of the elected, appointed and additional 6
members for not more than 1 year if the Minister is satisfied 7
the extension-- 8
(a) is in the best interests of the university; and 9
(b) is necessary for the council to perform its functions and 10
exercise its powers appropriately, effectively and 11
efficiently. 12
`(2) If the Minister acts under subsection (1), the Minister must 13
extend, by the same amount, the terms of office of all elected, 14
appointed and additional members. 15
`(3) The extension applies only to members holding office when 16
the notice is given under subsection (1). 17
`(4) This section-- 18
(a) does not allow the Minister to extend the terms of office 19
of the members for more than 1 year by again acting 20
under subsection (1); and 21
(b) applies despite sections 18, 19(1) and (2) and 20.'. 22
Clause 84 Amendment of s 30 (Chancellor) 23
(1) Section 30(4)-- 24
renumber as section 30(5). 25
20 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 85 76 s 86
University Legislation Amendment Bill 2005
(2) Section 30-- 1
insert-- 2
`(4) The person elected must not be a student or a member of the 3
university's academic staff or professional staff.'. 4
Clause 85 Amendment of s 31 (Deputy chancellor) 5
Section 31(3), `1 year'-- 6
omit, insert-- 7
`2 years'. 8
Clause 86 Insertion of new pt 4A 9
Before part 5-- 10
insert-- 11
`Part 4A Matters relating to offices of 12
chancellor, deputy chancellor, 13
vice-chancellor and 14
chairperson 15
`39B Disqualification from office 16
`(1) A person can not become, or continue as, the chancellor, 17
vice-chancellor or chairperson if-- 18
(a) the person is disqualified from managing corporations 19
under the Corporations Act, part 2D.6; or 20
(b) subject to subsections (2) to (4), the person has a 21
conviction for an indictable offence other than an 22
offence in relation to which the person is disqualified 23
from office under paragraph (a). 24
`(2) If the council considers it would be reasonable, having regard 25
to the circumstances of the indictable offence mentioned in 26
subsection (1)(b) of which the person has been convicted, the 27
council may-- 28
s 86 77 s 86
University Legislation Amendment Bill 2005
(a) if the person was the chancellor, vice-chancellor or 1
chairperson when convicted--give notice to the person 2
that the person-- 3
(i) is restored as the chancellor, vice-chancellor or 4
chairperson; and 5
(ii) may be later re-elected or reappointed, despite the 6
conviction; or 7
(b) otherwise--give written approval for the person to 8
become the chancellor, vice-chancellor or chairperson 9
despite the conviction. 10
`(3) On the day the person receives a notice under 11
subsection (2)(a)-- 12
(a) the person is restored as the chancellor, vice-chancellor 13
or chairperson; and 14
(b) if another person has been elected or appointed to fill the 15
vacancy--the other person's term of office ends. 16
`(4) If a person is restored as the chancellor, vice-chancellor or 17
chairperson under subsection (3), the person's term of office 18
as the chancellor, vice-chancellor or chairperson ends when it 19
would have ended if the person had not been convicted of the 20
offence. 21
`39C Council may remove chancellor, vice-chancellor or 22
chairperson from office 23
`(1) The council may remove the chancellor, vice-chancellor or 24
chairperson from office if at least 15 members are satisfied the 25
chancellor, vice-chancellor or chairperson has not complied 26
with-- 27
(a) section 26A(2);21 or 28
(b) a conduct obligation. 29
`(2) If the council decides to remove the chancellor, 30
vice-chancellor or chairperson from office under 31
subsection (1), the council must as soon as practicable give 32
21 Section 26A (Member's function, and obligations about function)
s 86 78 s 86
University Legislation Amendment Bill 2005
the chancellor, vice-chancellor or chairperson notice of the 1
decision and the reasons for it. 2
`(3) The chancellor's, vice-chancellor's or chairperson's term of 3
office ends on the later of the following-- 4
(a) the day he or she receives the notice; 5
(b) the day, if any, stated in the notice for that purpose. 6
`39D Particular matters about removal of vice-chancellor 7
`(1) The council may remove the vice-chancellor from office 8
under section 39C despite the vice-chancellor's terms of 9
appointment. 10
`(2) If the council removes the vice-chancellor from office under 11
section 39C-- 12
(a) the removal does not affect the vice-chancellor's right to 13
claim compensation or other entitlements under his or 14
her terms of appointment applying when the 15
appointment ends; and 16
(b) the vice-chancellor may only claim compensation and 17
other entitlements under his or her terms of appointment 18
as if-- 19
(i) the appointment had been ended as permitted 20
under the terms of appointment; or 21
(ii) his or her term of office had ended. 22
`39E Vacation of office 23
`(1) The office of the chancellor, vice-chancellor or chairperson 24
becomes vacant if he or she-- 25
(a) can not continue as the chancellor, vice-chancellor or 26
chairperson under section 39B; or 27
(b) is removed from office under section 39C. 28
`(2) The office of the deputy chancellor becomes vacant if his or 29
her office as a member becomes vacant under section 24 or he 30
or she otherwise stops being a member.'. 31
s 87 79 s 89
University Legislation Amendment Bill 2005
Clause 87 Amendment of s 56 (Making of university statutes) 1
(1) Section 56(2)(g) to (j)-- 2
renumber as section 56(2)(i) to (l). 3
(2) Section 56(2)-- 4
insert-- 5
`(g) the process for removing a person from office under 6
section 26B or 39C;22 7
(h) the spending of funds under a delegation under 8
section 11(3);'. 9
Clause 88 Amendment of s 60 (Forming and taking part in 10
corporations) 11
Section 60(1), `include'-- 12
omit, insert-- 13
`include any of'. 14
Clause 89 Insertion of new ss 61A61C 15
After section 61-- 16
insert-- 17
`61A Protection from liability 18
`(1) A member is not civilly liable to someone for an act done, or 19
omission made, honestly and without negligence under this 20
Act. 21
`(2) If subsection (1) prevents a civil liability attaching to a 22
member, the liability attaches instead to the university. 23
`61B Report about person's criminal history 24
`(1) To decide whether to recommend to the Governor in Council a 25
person for appointment under section 14(2) as an appointed 26
22 Section 26B (Council may remove member from office) or 39C (Council may
remove chancellor, vice-chancellor or chairperson from office)
s 89 80 s 89
University Legislation Amendment Bill 2005
member, the Minister may ask the commissioner of the police 1
service for-- 2
(a) a written report about the person's criminal history; and 3
(b) a brief description of the circumstances of a conviction 4
mentioned in the criminal history. 5
`(2) To decide whether a person is eligible to be the chancellor, 6
vice-chancellor or chairperson, or an elected or additional 7
member, the council may ask the commissioner of the police 8
service for-- 9
(a) a written report about the person's criminal history; and 10
(b) a brief description of the circumstances of a conviction 11
mentioned in the criminal history. 12
`(3) The commissioner of the police service must comply with a 13
request under subsection (1) or (2). 14
`(4) However, the Minister or council may make a request about a 15
person under subsection (1) or (2) only if the person has given 16
the Minister or council written consent for the request. 17
`(5) The duty imposed on the commissioner of the police service 18
to comply with the request applies only to information in the 19
commissioner's possession or to which the commissioner has 20
access. 21
`(6) The Minister or council must ensure that a report given to the 22
Minister or council under this section is destroyed as soon as 23
practicable after it is no longer needed for the purpose for 24
which it was requested. 25
`(7) In this section-- 26
criminal history, of a person, means the person's criminal 27
history as defined under the Criminal Law (Rehabilitation of 28
Offenders) Act 1986, other than spent convictions. 29
`61C Delegation by Minister 30
`The Minister may delegate the Minister's power under 31
section 61B(1) to an appropriately qualified officer of the 32
department.'. 33
s 90 81 s 90
University Legislation Amendment Bill 2005
Clause 90 Insertion of new pt 8 1
After section 64-- 2
insert-- 3
`Part 8 Transitional provisions for the 4
University Legislation 5
Amendment Act 2005 6
`Division 1 Preliminary 7
`65 Definitions for pt 8 8
`In this part-- 9
commencement means the commencement of the provision in 10
which the term is used. 11
new additional members see section 68. 12
pre-amended Act means this Act as in force before the 13
commencement of the University Legislation Amendment Act 14
2005, part 5. 15
`Division 2 Provisions about council 16
membership 17
`66 Appointed members 18
`(1) This section applies to a person who was an appointed 19
member immediately before the commencement. 20
`(2) The person is taken to have been appointed as an appointed 21
member for a term of 4 years, unless the person was appointed 22
to fill a casual vacancy in the office of an appointed member. 23
`(3) If the person was appointed to fill a casual vacancy in the 24
office of an appointed member, the term of office of the 25
person's predecessor is taken to be 4 years. 26
`(4) Subsections (2) and (3) apply despite section 18 of the 27
pre-amended Act. 28
s 91 82 s 91
University Legislation Amendment Bill 2005
`67 Elected members 1
`A person who, immediately before the commencement, was 2
an elected member mentioned in section 15(2)(b) of the 3
pre-amended Act is taken to be an elected member mentioned 4
in section 15(2)(b) of this Act as in force after the 5
commencement. 6
`68 Appointment of new additional members 7
`The council must, within 1 year after the commencement, 8
appoint 2 persons as additional members (the new additional 9
members) under section 16. 10
`69 Continuation, and term of office, of additional 11
members 12
`(1) A person who was an additional member immediately before 13
the commencement continues as an additional member 14
until-- 15
(a) the person's term of office ends under subsection (2); or 16
(b) the person's office sooner becomes vacant. 17
`(2) Despite section 20, the person's term of office ends when the 18
new additional members' terms of office start. 19
`70 Council need not include additional members 20
`Despite section 12, the council need not include additional 21
members before the new additional members' terms of office 22
start.'. 23
Clause 91 Amendment of sch 2 (Dictionary) 24
(1) Schedule 2, definition indictable offence-- 25
omit. 26
s 91 83 s 91
University Legislation Amendment Bill 2005
(2) Schedule 2-- 1
insert-- 2
`academic committee means the committee of the council that 3
is responsible for advising the council about the academic 4
policies and activities of the university. 5
chairperson means the chairperson of the academic 6
committee. 7
commencement, for part 8, see section 65. 8
conduct obligation, in relation to a member, means an 9
obligation that-- 10
(a) is stated in the university's approved code of conduct 11
under the Public Sector Ethics Act 1994; and 12
(b) must be complied with by the member. 13
conviction means a conviction other than a spent conviction. 14
indictable offence includes an indictable offence dealt with 15
summarily, whether or not the Criminal Code, section 659,23 16
applies to the indictable offence. 17
new additional members, for part 8, see section 65. 18
notice means written notice. 19
pre-amended Act, for part 8, see section 65. 20
spent conviction means a conviction-- 21
(a) for which the rehabilitation period under the Criminal 22
Law (Rehabilitation of Offenders) Act 1986 has expired 23
under that Act; and 24
(b) that is not revived as prescribed by section 1124 of that 25
Act.'. 26
(3) Schedule 2, definition general staff, `general'-- 27
omit, insert-- 28
`professional'. 29
23 Criminal Code, section 659 (Effect of summary conviction for indictable offence)
24 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 92 84 s 94
University Legislation Amendment Bill 2005
Part 6 Amendment of University of 1
Queensland Act 1998 2
Clause 92 Act amended in pt 6 3
This part amends the University of Queensland Act 1998. 4
Clause 93 Amendment of s 11 (Delegation) 5
Section 11-- 6
insert-- 7
`(3) Despite subsection (2)(c), the senate may delegate its power to 8
approve spending of funds mentioned in that paragraph if the 9
expenditure is for a scholarship or a prize funded by bequest, 10
donation or special grant.'. 11
Clause 94 Replacement of ss 12 and 13 12
Sections 12 and 13-- 13
omit, insert-- 14
`12 Membership of senate 15
`The senate consists of official members, appointed members, 16
elected members and additional members. 17
`13 Official members 18
`(1) There are 3 official members. 19
`(2) The official members are-- 20
(a) the chancellor; and 21
(b) the vice-chancellor; and 22
(c) the president of the academic board.'. 23
s 95 85 s 96
University Legislation Amendment Bill 2005
Clause 95 Amendment of s 14 (Appointed members) 1
Section 14(1)-- 2
omit, insert-- 3
`(1) There are 8 appointed members.'. 4
Clause 96 Amendment of s 15 (Elected members) 5
(1) Section 15(1), `15'-- 6
omit, insert-- 7
`8'. 8
(2) Section 15(2)(b) to (e)-- 9
omit, insert-- 10
`(b) 1 member of the university's full-time or part-time 11
academic staff; and 12
(c) 1 member of the university's full-time or part-time 13
general staff; and 14
(d) 1 undergraduate student; and 15
(e) 1 postgraduate student; and 16
(f) 3 graduates of the university, other than persons eligible 17
for membership under paragraph (a), (b), (c) (d) or (e).'. 18
(3) Section 15(3)(b) and (c)-- 19
omit, insert-- 20
`(b) for an elected member mentioned in subsection (2)(b)-- 21
(i) all the members of the full-time academic staff, 22
and those members of the part-time academic staff 23
eligible under a university statute, may vote; or 24
(ii) if a statute under subparagraph (i) is not in force, 25
all the members of the full-time and part-time 26
academic staff may vote; or 27
(c) for an elected member mentioned in subsection (2)(c)-- 28
(i) all the members of the full-time general staff, and 29
those members of the part-time general staff 30
eligible under a university statute, may vote; or 31
s 97 86 s 97
University Legislation Amendment Bill 2005
(ii) if a statute under subparagraph (i) is not in force, 1
all the members of the full-time and part-time 2
general staff may vote; or'. 3
(4) Section 15(3)(d), before `students'-- 4
insert-- 5
`undergraduate'. 6
(5) Section 15(3)(e)-- 7
omit, insert-- 8
`(e) for an elected member mentioned in 9
subsection (2)(e)--all the postgraduate students may 10
vote; or 11
(f) for an elected member mentioned in 12
subsection (2)(f)--all the graduates of the university 13
eligible under a university statute may vote.'. 14
(6) Section 15-- 15
insert-- 16
`(5) In this section-- 17
postgraduate student means a student enrolled in a course or 18
program leading to the award of a postgraduate certificate or 19
diploma, or a master's or doctoral degree, of the university. 20
undergraduate student means a student who is not a 21
postgraduate student.'. 22
Clause 97 Replacement of s 16 (Additional members) 23
Section 16-- 24
omit, insert-- 25
`16 Additional members 26
`(1) There are 3 additional members. 27
`(2) The senate must appoint the additional members. 28
`(3) An additional member must not be a student or a member of 29
the university's academic staff or general staff.'. 30
s 98 87 s 101
University Legislation Amendment Bill 2005
Clause 98 Amendment of s 17 (When senate is taken to be properly 1
constituted) 2
Section 17, `20'-- 3
omit, insert-- 4
`13'. 5
Clause 99 Amendment of s 18 (Appointed member's term of office) 6
Section 18, `3 years'-- 7
omit, insert-- 8
`4 years'. 9
Clause 100 Amendment of s 19 (Elected member's term of office) 10
(1) Section 19(1)-- 11
omit, insert-- 12
`(1) An elected member mentioned in section 15(2)(a), (b), (c) or 13
(f) holds office for 4 years. 14
`(1A) An elected member mentioned in section 15(2)(d) or (e) holds 15
office for 2 years.'. 16
(2) Section 19(1A) and (2)-- 17
renumber as section 19(2) and (3). 18
Clause 101 Replacement of s 20 (Additional member's term of office) 19
Section 20-- 20
omit, insert-- 21
`20 Additional member's term of office 22
`An additional member is to be appointed for a term of not 23
more than 4 years decided by the senate.'. 24
s 102 88 s 103
University Legislation Amendment Bill 2005
Clause 102 Replacement of s 23 (Ineligibility for membership of 1
senate) 2
Section 23-- 3
omit, insert-- 4
`23 Ineligibility for membership of senate 5
`(1) A person is not eligible to become an elected, appointed or 6
additional member if-- 7
(a) the person is disqualified from managing corporations 8
under the Corporations Act, part 2D.6;25 or 9
(b) the person has a conviction for an indictable offence, 10
other than an offence in relation to which the person is 11
not eligible under paragraph (a). 12
`(2) Also, a person is not eligible to be elected or appointed as an 13
elected, appointed or additional member if the person's 14
election or appointment as the member would result in the 15
person being a member for 12 years or more, whether 16
continuously or not. 17
`(3) Subsection (2) does not apply to a person if a majority of 18
members agree the person may be elected or appointed as an 19
elected, appointed or additional member. 20
`(4) Subsection (1)(b) is subject to sections 25 and 26.'. 21
Clause 103 Amendment of s 24 (Vacation of office) 22
(1) Section 24(1)(f) and (g)-- 23
omit, insert-- 24
`(f) the member is removed from office under section 26B; 25
or 26
(g) the member is disqualified from managing corporations 27
under the Corporations Act, part 2D.6; or 28
(h) the member is convicted of an indictable offence, other 29
than an offence in relation to which the member's office 30
becomes vacant under paragraph (g).'. 31
25 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 104 89 s 104
University Legislation Amendment Bill 2005
(2) Section 24(2)-- 1
omit, insert-- 2
`(2) Subsection (1)(h) is subject to sections 25 and 26.'. 3
Clause 104 Insertion of new pt 2, divs 3A and 3B 4
After section 26-- 5
insert-- 6
`Division 3A Members' function, and removing 7
elected, appointed and additional 8
members from office 9
`26A Member's function, and obligations about function 10
`(1) A member has the function of ensuring the senate performs its 11
functions and exercises its powers appropriately, effectively 12
and efficiently. 13
`(2) In performing the function, a member-- 14
(a) must act honestly and in the best interests of the 15
university; and 16
(b) must exercise reasonable skill, care and diligence; and 17
(c) must disclose to the senate any conflict that may arise 18
between the member's personal interests and the 19
interests of the university; and 20
(d) must not make improper use of his or her position as a 21
member, or of information acquired because of his or 22
her position as a member, to gain, directly or indirectly, 23
an advantage for the member or another person. 24
`26B Senate may remove member from office 25
`(1) The senate may remove an elected, appointed or additional 26
member from office if at least 15 members are satisfied the 27
member has not complied with-- 28
(a) section 26A(2); or 29
(b) a conduct obligation. 30
s 104 90 s 104
University Legislation Amendment Bill 2005
`(2) If the senate decides to remove a member from office under 1
subsection (1), the senate must as soon as practicable-- 2
(a) give the member notice of the decision and the reasons 3
for it; and 4
(b) if the member is an appointed member--give the 5
Minister a copy of the notice. 6
`(3) If the senate gives a member a notice under subsection (2)(a), 7
the member's term of office ends on the later of the 8
following-- 9
(a) the day the member receives the notice; 10
(b) the day, if any, stated in the notice for that purpose. 11
`(4) The senate's power to remove an appointed member from 12
office under this section does not limit the Governor in 13
Council's powers under the Acts Interpretation Act 1954, 14
section 25(1)(b)(i) or (iii).26 15
`Division 3B Extending terms of office 16
`26C Minister may extend terms of office 17
`(1) The Minister may, by notice given to the senate, extend the 18
terms of office of the elected, appointed and additional 19
members for not more than 1 year if the Minister is satisfied 20
the extension-- 21
(a) is in the best interests of the university; and 22
(b) is necessary for the senate to perform its functions and 23
exercise its powers appropriately, effectively and 24
efficiently. 25
`(2) If the Minister acts under subsection (1), the Minister must 26
extend, by the same amount, the terms of office of all elected, 27
appointed and additional members. 28
`(3) The extension applies only to members holding office when 29
the notice is given under subsection (1). 30
26 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 105 91 s 108
University Legislation Amendment Bill 2005
`(4) This section-- 1
(a) does not allow the Minister to extend the terms of office 2
of the members for more than 1 year by again acting 3
under subsection (1); and 4
(b) applies despite sections 18, 19(1) and (2) and 20.'. 5
Clause 105 Replacement of s 30 (Chancellor) 6
Section 30-- 7
omit, insert-- 8
`30 Chancellor 9
`(1) There is a chancellor of the university. 10
`(2) The senate must elect a chancellor whenever there is a 11
vacancy in the office. 12
`(3) The person elected need not be a member. 13
`(4) The person elected must not be a student or a member of the 14
university's academic staff or general staff. 15
`(5) The chancellor holds office for the term, not longer than 16
5 years, fixed by the senate.'. 17
Clause 106 Amendment of s 31 (Deputy chancellor) 18
Section 31(3), `3 years'-- 19
omit, insert-- 20
`4 years'. 21
Clause 107 Omission of pt 4, div 1 (Convocation) 22
Part 4, division 1-- 23
omit. 24
Clause 108 Insertion of new s 35AA 25
Part 4, division 3, after section 35-- 26
insert-- 27
s 109 92 s 110
University Legislation Amendment Bill 2005
`35AA President of academic board 1
`(1) There is to be a president of the academic board. 2
`(2) The senate must decide who is the president. 3
`(3) The president holds office for the term, not longer than 1 year, 4
decided by the senate.'. 5
Clause 109 Amendment of s 35A (Excluded matters for Corporations 6
legislation) 7
(1) Section 35A(a)-- 8
omit. 9
(2) Section 35A(b) and (c)-- 10
renumber as section 35A(a) and (b). 11
Clause 110 Insertion of new pt 4A 12
Before part 5-- 13
insert-- 14
`Part 4A Matters relating to offices of 15
chancellor, deputy chancellor, 16
vice-chancellor and president 17
`35C Disqualification from office 18
`(1) A person can not become, or continue as, the chancellor, 19
vice-chancellor or president if-- 20
(a) the person is disqualified from managing corporations 21
under the Corporations Act, part 2D.6; or 22
(b) subject to subsections (2) to (4), the person has a 23
conviction for an indictable offence other than an 24
offence in relation to which the person is disqualified 25
from office under paragraph (a). 26
`(2) If the senate considers it would be reasonable, having regard 27
to the circumstances of the indictable offence mentioned in 28
subsection (1)(b) of which the person has been convicted, the 29
senate may-- 30
s 110 93 s 110
University Legislation Amendment Bill 2005
(a) if the person was the chancellor, vice-chancellor or 1
president when convicted--give notice to the person 2
that the person-- 3
(i) is restored as the chancellor, vice-chancellor or 4
president; and 5
(ii) may be later re-elected or reappointed, despite the 6
conviction; or 7
(b) otherwise--give written approval for the person to 8
become the chancellor, vice-chancellor or president 9
despite the conviction. 10
`(3) On the day the person receives a notice under 11
subsection (2)(a)-- 12
(a) the person is restored as the chancellor, vice-chancellor 13
or president; and 14
(b) if another person has been elected or appointed to fill the 15
vacancy--the other person's term of office ends. 16
`(4) If a person is restored as the chancellor, vice-chancellor or 17
president under subsection (3), the person's term of office as 18
the chancellor, vice-chancellor or president ends when it 19
would have ended if the person had not been convicted of the 20
offence. 21
`35D Senate may remove chancellor, vice-chancellor or 22
president from office 23
`(1) The senate may remove the chancellor, vice-chancellor or 24
president from office if at least 15 members are satisfied the 25
chancellor, vice-chancellor or president has not complied 26
with-- 27
(a) section 26A(2);27 or 28
(b) a conduct obligation. 29
`(2) If the senate decides to remove the chancellor, vice-chancellor 30
or president from office under subsection (1), the senate must 31
as soon as practicable give the chancellor, vice-chancellor or 32
president notice of the decision and the reasons for it. 33
27 Section 26A (Member's function, and obligations about function)
s 110 94 s 110
University Legislation Amendment Bill 2005
`(3) The chancellor's, vice-chancellor's or president's term of 1
office ends on the later of the following-- 2
(a) the day he or she receives the notice; 3
(b) the day, if any, stated in the notice for that purpose. 4
`35E Particular matters about removal of vice-chancellor 5
`(1) The senate may remove the vice-chancellor from office under 6
section 35D despite the vice-chancellor's terms of 7
appointment. 8
`(2) If the senate removes the vice-chancellor from office under 9
section 35D-- 10
(a) the removal does not affect the vice-chancellor's right to 11
claim compensation or other entitlements under his or 12
her terms of appointment applying when the 13
appointment ends; and 14
(b) the vice-chancellor may only claim compensation and 15
other entitlements under his or her terms of appointment 16
as if-- 17
(i) the appointment had been ended as permitted 18
under the terms of appointment; or 19
(ii) his or her term of office had ended. 20
`35F Vacation of office 21
`(1) The office of the chancellor, vice-chancellor or president 22
becomes vacant if he or she-- 23
(a) can not continue as the chancellor, vice-chancellor or 24
president under section 35C; or 25
(b) is removed from office under section 35D. 26
`(2) The office of the deputy chancellor becomes vacant if his or 27
her office as a member becomes vacant under section 24 or he 28
or she otherwise stops being a member.'. 29
s 111 95 s 113
University Legislation Amendment Bill 2005
Clause 111 Amendment of s 52 (Making of university statutes) 1
(1) Section 52(2)(e)-- 2
omit. 3
(2) Section 52(2)(f), after `members'-- 4
insert-- 5
`, including the voting rights of graduates, part-time academic 6
staff and part-time general staff of the university'. 7
(3) Section 52(2)-- 8
insert-- 9
`(fa) the process for removing a person from office under 10
section 26B or 35D;28 11
(fb) the spending of funds under a delegation under 12
section 11(3);'. 13
(4) Section 52(2)(f) to (k)-- 14
renumber as section 52(2)(e) to (l). 15
Clause 112 Amendment of s 55 (Forming and taking part in 16
corporations) 17
Section 55(1), `include'-- 18
omit, insert-- 19
`include any of'. 20
Clause 113 Insertion of new ss 56A56C 21
After section 56-- 22
insert-- 23
`56A Protection from liability 24
`(1) A member is not civilly liable to someone for an act done, or 25
omission made, honestly and without negligence under this 26
Act. 27
28 Section 26B (Senate may remove member from office) or 35D (Senate may remove
chancellor, vice-chancellor or president from office)
s 113 96 s 113
University Legislation Amendment Bill 2005
`(2) If subsection (1) prevents a civil liability attaching to a 1
member, the liability attaches instead to the university. 2
`56B Report about person's criminal history 3
`(1) To decide whether to recommend to the Governor in Council a 4
person for appointment under section 14(2) as an appointed 5
member, the Minister may ask the commissioner of the police 6
service for-- 7
(a) a written report about the person's criminal history; and 8
(b) a brief description of the circumstances of a conviction 9
mentioned in the criminal history. 10
`(2) To decide whether a person is eligible to be the chancellor, 11
vice-chancellor or president, or an elected or additional 12
member, the senate may ask the commissioner of the police 13
service for-- 14
(a) a written report about the person's criminal history; and 15
(b) a brief description of the circumstances of a conviction 16
mentioned in the criminal history. 17
`(3) The commissioner of the police service must comply with a 18
request under subsection (1) or (2). 19
`(4) However, the Minister or senate may make a request about a 20
person under subsection (1) or (2) only if the person has given 21
the Minister or senate written consent for the request. 22
`(5) The duty imposed on the commissioner of the police service 23
to comply with the request applies only to information in the 24
commissioner's possession or to which the commissioner has 25
access. 26
`(6) The Minister or senate must ensure that a report given to the 27
Minister or senate under this section is destroyed as soon as 28
practicable after it is no longer needed for the purpose for 29
which it was requested. 30
`(7) In this section-- 31
criminal history, of a person, means the person's criminal 32
history as defined under the Criminal Law (Rehabilitation of 33
Offenders) Act 1986, other than spent convictions. 34
s 114 97 s 114
University Legislation Amendment Bill 2005
`56C Delegation by Minister 1
`The Minister may delegate the Minister's power under 2
section 56B(1) to an appropriately qualified officer of the 3
department.'. 4
Clause 114 Insertion of new pt 8, div 2 5
After section 60-- 6
insert-- 7
`Division 2 Transitional provisions for the 8
University Legislation Amendment 9
Act 2005 10
`Subdivision 1 Preliminary 11
`61 Definitions for div 2 12
`In this division-- 13
commencement means the commencement of the provision in 14
which the term is used. 15
new additional members see section 67. 16
new appointed members see section 63(2). 17
pre-amended Act means this Act as in force before the 18
commencement of the University Legislation Amendment Act 19
2005, part 6. 20
`Subdivision 2 Provisions about membership of 21
senate 22
`62 Continuation of official members 23
`Despite section 13, a person who was an official member 24
under section 13(2)(b), (d), (e), (f) or (g) of the pre-amended 25
Act continues as an official member until the new appointed 26
members' terms of office start. 27
s 114 98 s 114
University Legislation Amendment Bill 2005
`63 Appointment of new appointed members 1
`(1) The Minister must, within 1 year after the commencement, 2
recommend to the Governor in Council 8 persons for 3
appointment, under section 14(2), as appointed members. 4
`(2) The Governor in Council may appoint the persons as 5
appointed members (the new appointed members). 6
`64 Continuation of appointed members 7
`(1) This section applies to a person who was an appointed 8
member immediately before the commencement. 9
`(2) Despite sections 14(1) and 60(2), the person continues as an 10
appointed member until-- 11
(a) the new appointed members' terms of office start; or 12
(b) the person's office sooner becomes vacant. 13
`65 Continuation of elected members 14
`Despite section 15(1) and (2), a person who was an elected 15
member immediately before the commencement continues as 16
an elected member until-- 17
(a) the person's term of office ends under section 66; or 18
(b) the person's office sooner becomes vacant. 19
`66 Ballot, and term of office, for elected members 20
`(1) At least 14 days before the new appointed members are 21
appointed, a ballot under section 15(3) of the post-amended 22
Act must be conducted for elected members. 23
`(2) Subsection (3) applies to a person who, immediately before 24
the ballot is conducted, is an elected member mentioned in 25
section 15(2)(a) of the pre-amended Act. 26
`(3) The person's term of office ends when the elected member 27
who is the member's successor is elected under the ballot. 28
`(4) Subsection (5) applies to a person who, immediately before 29
the ballot is conducted, is an elected member mentioned in 30
section 15(2)(b) of the pre-amended Act. 31
s 114 99 s 114
University Legislation Amendment Bill 2005
`(5) The person's term of office ends when the elected member 1
mentioned in section 15(2)(b) of the post-amended Act is 2
elected under the ballot. 3
`(6) Subsection (7) applies to a person who, immediately before 4
the ballot is conducted, is an elected member mentioned in 5
section 15(2)(c) of the pre-amended Act. 6
`(7) The person's term of office ends when the elected member 7
mentioned in section 15(2)(c) of the post-amended Act is 8
elected under the ballot. 9
`(8) Subsection (9) applies to a person who, immediately before 10
the ballot is conducted, is an elected member mentioned in 11
section 15(2)(d) of the pre-amended Act. 12
`(9) The person's term of office ends when the elected member 13
mentioned in section 15(2)(d) of the post-amended Act is 14
elected under the ballot. 15
`(10) Subsection (11) applies to a person who, immediately before 16
the ballot is conducted, is an elected member mentioned in 17
section 15(2)(e) of the pre-amended Act. 18
`(11) The person's term of office ends when the elected members 19
mentioned in section 15(2)(f) of the post-amended Act are 20
elected under the ballot. 21
`(12) A person is taken to be elected under the ballot when the new 22
appointed members' terms of office start. 23
`(13) Despite section 19(3), the term of office of a person elected 24
under the ballot starts when the new appointed members' 25
terms of office start. 26
`(14) Subsections (3), (5), (7), (9) and (11) apply despite 27
sections 19(1) and (2) and 60(2). 28
`(15) In this section-- 29
post-amended Act means this Act as in force after the 30
commencement of the University Legislation Amendment Act 31
2005, part 6. 32
s 114 100 s 114
University Legislation Amendment Bill 2005
`67 Appointment of new additional members 1
`The senate must, within 1 year after the commencement, 2
appoint 3 persons as additional members (the new additional 3
members) under section 16. 4
`68 Continuation of additional members 5
`(1) This section applies to a person who was an additional 6
member immediately before the commencement. 7
`(2) Despite section 60(2), the person continues as an additional 8
member until-- 9
(a) the new additional members' terms of office start; or 10
(b) the person's office sooner becomes vacant. 11
`69 Senate need not include additional members 12
`Despite section 12, the senate need not include additional 13
members before the new additional members' terms of office 14
start. 15
`70 Dealing with casual vacancy in office of elected 16
member 17
`(1) This section applies if a casual vacancy arises in the office of 18
an elected member after the commencement and before the 19
ballot mentioned in section 66(1) is conducted. 20
`(2) For appointing a person to the office, the pre-amended Act 21
continues to apply as if the University Legislation Amendment 22
Act 2005, part 6, had not commenced. 23
`Subdivision 3 Constitution of senate 24
`71 Constitution of senate 25
`(1) This section applies until the new appointed members' terms 26
of office start. 27
s 115 101 s 115
University Legislation Amendment Bill 2005
`(2) Despite section 17, the senate is taken to be properly 1
constituted when it has 20 or more members, whether they be 2
additional, appointed, elected or official members.'. 3
Clause 115 Amendment of sch 2 (Dictionary) 4
(1) Schedule 2, definitions convocation, graduate staff and 5
indictable offence-- 6
omit. 7
(2) Schedule 2-- 8
insert-- 9
`commencement, for part 8, division 2, see section 61. 10
conduct obligation, in relation to a member, means an 11
obligation that-- 12
(a) is stated in the university's approved code of conduct 13
under the Public Sector Ethics Act 1994; and 14
(b) must be complied with by the member. 15
conviction means a conviction other than a spent conviction. 16
graduate, of the university, means a person awarded a degree, 17
diploma or certificate of the university or the former 18
Queensland Agricultural College. 19
indictable offence includes an indictable offence dealt with 20
summarily, whether or not the Criminal Code, section 659,29 21
applies to the indictable offence. 22
new additional members, for part 8, division 2, see 23
section 61. 24
new appointed members, for part 8, division 2, see section 61. 25
notice means written notice. 26
pre-amended Act, for part 8, division 2, see section 61. 27
president means the president of the academic board. 28
spent conviction means a conviction-- 29
29 Criminal Code, section 659 (Effect of summary conviction for indictable offence)
s 116 102 s 118
University Legislation Amendment Bill 2005
(a) for which the rehabilitation period under the Criminal 1
Law (Rehabilitation of Offenders) Act 1986 has expired 2
under that Act; and 3
(b) that is not revived as prescribed by section 1130 of that 4
Act.'. 5
Part 7 Amendment of University of 6
Southern Queensland Act 1998 7
Clause 116 Act amended in pt 7 8
This part amends the University of Southern Queensland Act 9
1998. 10
Clause 117 Amendment of s 11 (Delegation) 11
Section 11-- 12
insert-- 13
`(3) Despite subsection (2)(c), the council may delegate its power 14
to approve spending of funds available to the university by 15
way of bequest, donation or special grant if-- 16
(a) the expenditure is for a matter funded by bequest, 17
donation or special grant; and 18
(b) the amount of expenditure for the matter is not more 19
than $100 000.'. 20
Clause 118 Replacement of ss 12 and 13 21
Sections 12 and 13-- 22
omit, insert-- 23
30 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 119 103 s 120
University Legislation Amendment Bill 2005
`12 Membership of council 1
`The council consists of official members, appointed 2
members, elected members and additional members. 3
`13 Official members 4
`(1) There are 3 official members. 5
`(2) The official members are-- 6
(a) the chancellor; and 7
(b) the vice-chancellor; and 8
(c) the chairperson of the academic board.'. 9
Clause 119 Amendment of s 14 (Appointed members) 10
Section 14(1), `8'-- 11
omit, insert-- 12
`5'. 13
Clause 120 Amendment of s 15 (Elected members) 14
(1) Section 15(1), `7'-- 15
omit, insert-- 16
`3'. 17
(2) Section 15(2)(a), `3 members'-- 18
omit, insert-- 19
`1 member'. 20
(3) Section 15(2)(d)-- 21
omit. 22
(4) Section 15(3), `mentioned in subsection (2)(a) to (c)'-- 23
omit. 24
(5) Section 15(4)-- 25
omit. 26
s 121 104 s 124
University Legislation Amendment Bill 2005
(6) Section 15(5), `members'-- 1
omit, insert-- 2
`member'. 3
(7) Section 15(5)-- 4
renumber as section 15(4). 5
Clause 121 Replacement of s 16 (Additional members) 6
Section 16-- 7
omit, insert-- 8
`16 Additional members 9
`(1) There are 3 additional members. 10
`(2) The council must appoint the additional members. 11
`(3) The council must appoint at least 1 graduate of the university 12
as an additional member. 13
`(4) An additional member must not be a student or a member of 14
the university's academic staff or general staff.'. 15
Clause 122 Amendment of s 17 (When council is taken to be properly 16
constituted) 17
Section 17, `12'-- 18
omit, insert-- 19
`8'. 20
Clause 123 Amendment of s 18 (Appointed member's term of office) 21
Section 18, `3 years'-- 22
omit, insert-- 23
`4 years'. 24
Clause 124 Amendment of s 19 (Elected member's term of office) 25
(1) Section 19(1)-- 26
omit, insert-- 27
s 125 105 s 127
University Legislation Amendment Bill 2005
`(1) An elected member mentioned in section 15(2)(a) or (b) holds 1
office for 4 years. 2
`(1A) An elected member mentioned in section 15(2)(c) holds office 3
for 2 years.'. 4
(2) Section 19(1A) and (2)-- 5
renumber as section 19(2) and (3). 6
Clause 125 Replacement of s 20 (Additional member's term of office) 7
Section 20-- 8
omit, insert-- 9
`20 Additional member's term of office 10
`An additional member is to be appointed for a term of not 11
more than 4 years decided by the council.'. 12
Clause 126 Amendment of s 21 (Failure to elect or appoint elected 13
members) 14
Section 21(1)-- 15
omit, insert-- 16
`(1) If an entity permitted to elect or appoint an elected member 17
does not elect or appoint a person as the elected member by a 18
day fixed by the council by notice given to the entity, the 19
Minister may appoint a member of the entity as the elected 20
member.'. 21
Clause 127 Replacement of s 23 (Ineligibility for membership of 22
council) 23
Section 23-- 24
omit, insert-- 25
`23 Ineligibility for membership of council 26
`(1) A person is not eligible to become an elected, appointed or 27
additional member if-- 28
s 128 106 s 129
University Legislation Amendment Bill 2005
(a) the person is disqualified from managing corporations 1
under the Corporations Act, part 2D.6;31 or 2
(b) the person has a conviction for an indictable offence, 3
other than an offence in relation to which the person is 4
not eligible under paragraph (a). 5
`(2) Also, a person is not eligible to be elected or appointed as an 6
elected, appointed or additional member if the person's 7
election or appointment as the member would result in the 8
person being a member for 12 years or more, whether 9
continuously or not. 10
`(3) Subsection (2) does not apply to a person if a majority of 11
members agree the person may be elected or appointed as an 12
elected, appointed or additional member. 13
`(4) Subsection (1)(b) is subject to sections 25 and 26.'. 14
Clause 128 Amendment of s 24 (Vacation of office) 15
(1) Section 24(1)(f) and (g)-- 16
omit, insert-- 17
`(f) the member is removed from office under section 26B; 18
or 19
(g) the member is disqualified from managing corporations 20
under the Corporations Act, part 2D.6; or 21
(h) the member is convicted of an indictable offence, other 22
than an offence in relation to which the member's office 23
becomes vacant under paragraph (g).'. 24
(2) Section 24(2)-- 25
omit, insert-- 26
`(2) Subsection (1)(h) is subject to sections 25 and 26.'. 27
Clause 129 Insertion of new pt 2, divs 3A and 3B 28
After section 26-- 29
insert-- 30
31 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 129 107 s 129
University Legislation Amendment Bill 2005
`Division 3A Members' function, and removing 1
elected, appointed and additional 2
members from office 3
`26A Member's function, and obligations about function 4
`(1) A member has the function of ensuring the council performs 5
its functions and exercises its powers appropriately, 6
effectively and efficiently. 7
`(2) In performing the function, a member-- 8
(a) must act honestly and in the best interests of the 9
university; and 10
(b) must exercise reasonable skill, care and diligence; and 11
(c) must disclose to the council any conflict that may arise 12
between the member's personal interests and the 13
interests of the university; and 14
(d) must not make improper use of his or her position as a 15
member, or of information acquired because of his or 16
her position as a member, to gain, directly or indirectly, 17
an advantage for the member or another person. 18
`26B Council may remove member from office 19
`(1) The council may remove an elected, appointed or additional 20
member from office if at least 9 members are satisfied the 21
member has not complied with-- 22
(a) section 26A(2); or 23
(b) a conduct obligation. 24
`(2) If the council decides to remove a member from office under 25
subsection (1), the council must as soon as practicable-- 26
(a) give the member notice of the decision and the reasons 27
for it; and 28
(b) if the member is an appointed member--give the 29
Minister a copy of the notice. 30
s 129 108 s 129
University Legislation Amendment Bill 2005
`(3) If the council gives a member a notice under subsection (2)(a), 1
the member's term of office ends on the later of the 2
following-- 3
(a) the day the member receives the notice; 4
(b) the day, if any, stated in the notice for that purpose. 5
`(4) The council's power to remove an appointed member from 6
office under this section does not limit the Governor in 7
Council's powers under the Acts Interpretation Act 1954, 8
section 25(1)(b)(i) or (iii).32 9
`Division 3B Extending terms of office 10
`26C Minister may extend terms of office 11
`(1) The Minister may, by notice given to the council, extend the 12
terms of office of the elected, appointed and additional 13
members for not more than 1 year if the Minister is satisfied 14
the extension-- 15
(a) is in the best interests of the university; and 16
(b) is necessary for the council to perform its functions and 17
exercise its powers appropriately, effectively and 18
efficiently. 19
`(2) If the Minister acts under subsection (1), the Minister must 20
extend, by the same amount, the terms of office of all elected, 21
appointed and additional members. 22
`(3) The extension applies only to members holding office when 23
the notice is given under subsection (1). 24
`(4) This section-- 25
(a) does not allow the Minister to extend the terms of office 26
of the members for more than 1 year by again acting 27
under subsection (1); and 28
(b) applies despite sections 18, 19(1) and (2) and 20.'. 29
32 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 130 109 s 133
University Legislation Amendment Bill 2005
Clause 130 Amendment of s 30 (Chancellor) 1
(1) Section 30(4)-- 2
renumber as section 30(5). 3
(2) Section 30-- 4
insert-- 5
`(4) The person elected must not be a student or a member of the 6
university's academic staff or general staff.'. 7
Clause 131 Amendment of s 31 (Deputy chancellor) 8
Section 31(3), `3 years'-- 9
omit, insert-- 10
`4 years'. 11
Clause 132 Insertion of new s 39AA 12
Part 4, division 3, after section 39-- 13
insert-- 14
`39AA Chairperson of academic board 15
`(1) There is to be a chairperson of the academic board. 16
`(2) The council must decide who is the chairperson. 17
`(3) The chairperson holds office for the term, not longer than 18
3 years, decided by the council.'. 19
Clause 133 Insertion of new pt 4A 20
Before part 5-- 21
insert-- 22
s 133 110 s 133
University Legislation Amendment Bill 2005
`Part 4A Matters relating to offices of 1
chancellor, deputy chancellor, 2
vice-chancellor and 3
chairperson 4
`39C Disqualification from office 5
`(1) A person can not become, or continue as, the chancellor, 6
vice-chancellor or chairperson if-- 7
(a) the person is disqualified from managing corporations 8
under the Corporations Act, part 2D.6; or 9
(b) subject to subsections (2) to (4), the person has a 10
conviction for an indictable offence other than an 11
offence in relation to which the person is disqualified 12
from office under paragraph (a). 13
`(2) If the council considers it would be reasonable, having regard 14
to the circumstances of the indictable offence mentioned in 15
subsection (1)(b) of which the person has been convicted, the 16
council may-- 17
(a) if the person was the chancellor, vice-chancellor or 18
chairperson when convicted--give notice to the person 19
that the person-- 20
(i) is restored as the chancellor, vice-chancellor or 21
chairperson; and 22
(ii) may be later re-elected or reappointed, despite the 23
conviction; or 24
(b) otherwise--give written approval for the person to 25
become the chancellor, vice-chancellor or chairperson 26
despite the conviction. 27
`(3) On the day the person receives a notice under 28
subsection (2)(a)-- 29
(a) the person is restored as the chancellor, vice-chancellor 30
or chairperson; and 31
(b) if another person has been elected or appointed to fill the 32
vacancy--the other person's term of office ends. 33
s 133 111 s 133
University Legislation Amendment Bill 2005
`(4) If a person is restored as the chancellor, vice-chancellor or 1
chairperson under subsection (3), the person's term of office 2
as the chancellor, vice-chancellor or chairperson ends when it 3
would have ended if the person had not been convicted of the 4
offence. 5
`39D Council may remove chancellor, vice-chancellor or 6
chairperson from office 7
`(1) The council may remove the chancellor, vice-chancellor or 8
chairperson from office if at least 9 members are satisfied the 9
chancellor, vice-chancellor or chairperson has not complied 10
with-- 11
(a) section 26A(2);33 or 12
(b) a conduct obligation. 13
`(2) If the council decides to remove the chancellor, 14
vice-chancellor or chairperson from office under 15
subsection (1), the council must as soon as practicable give 16
the chancellor, vice-chancellor or chairperson notice of the 17
decision and the reasons for it. 18
`(3) The chancellor's, vice-chancellor's or chairperson's term of 19
office ends on the later of the following-- 20
(a) the day he or she receives the notice; 21
(b) the day, if any, stated in the notice for that purpose. 22
`39E Particular matters about removal of vice-chancellor 23
`(1) The council may remove the vice-chancellor from office 24
under section 39D despite the vice-chancellor's terms of 25
appointment. 26
`(2) If the council removes the vice-chancellor from office under 27
section 39D-- 28
(a) the removal does not affect the vice-chancellor's right to 29
claim compensation or other entitlements under his or 30
33 Section 26A (Member's function, and obligations about function)
s 134 112 s 134
University Legislation Amendment Bill 2005
her terms of appointment applying when the 1
appointment ends; and 2
(b) the vice-chancellor may only claim compensation and 3
other entitlements under his or her terms of appointment 4
as if-- 5
(i) the appointment had been ended as permitted 6
under the terms of appointment; or 7
(ii) his or her term of office had ended. 8
`39F Vacation of office 9
`(1) The office of the chancellor, vice-chancellor or chairperson 10
becomes vacant if he or she-- 11
(a) can not continue as the chancellor, vice-chancellor or 12
chairperson under section 39C; or 13
(b) is removed from office under section 39D. 14
`(2) The office of the deputy chancellor becomes vacant if his or 15
her office as a member becomes vacant under section 24 or he 16
or she otherwise stops being a member.'. 17
Clause 134 Amendment of s 56 (Making of university statutes) 18
(1) Section 56(2)(f) to (i)-- 19
renumber as section 56(2)(h) to (k). 20
(2) Section 56(2)-- 21
insert-- 22
`(f) the process for removing a person from office under 23
section 26B or 39D;34 24
(g) the spending of funds under a delegation under 25
section 11(3);'. 26
34 Section 26B (Council may remove member from office) or 39D (Council may
remove chancellor, vice-chancellor or chairperson from office)
s 135 113 s 136
University Legislation Amendment Bill 2005
Clause 135 Amendment of s 60 (Forming and taking part in 1
corporations) 2
Section 60(1), `include'-- 3
omit, insert-- 4
`include any of'. 5
Clause 136 Insertion of new ss 61A61C 6
After section 61-- 7
insert-- 8
`61A Protection from liability 9
`(1) A member is not civilly liable to someone for an act done, or 10
omission made, honestly and without negligence under this 11
Act. 12
`(2) If subsection (1) prevents a civil liability attaching to a 13
member, the liability attaches instead to the university. 14
`61B Report about person's criminal history 15
`(1) To decide whether to recommend to the Governor in Council a 16
person for appointment under section 14(2) as an appointed 17
member, the Minister may ask the commissioner of the police 18
service for-- 19
(a) a written report about the person's criminal history; and 20
(b) a brief description of the circumstances of a conviction 21
mentioned in the criminal history. 22
`(2) To decide whether a person is eligible to be the chancellor, 23
vice-chancellor or chairperson, or an elected or additional 24
member, the council may ask the commissioner of the police 25
service for-- 26
(a) a written report about the person's criminal history; and 27
(b) a brief description of the circumstances of a conviction 28
mentioned in the criminal history. 29
`(3) The commissioner of the police service must comply with a 30
request under subsection (1) or (2). 31
s 137 114 s 137
University Legislation Amendment Bill 2005
`(4) However, the Minister or council may make a request about a 1
person under subsection (1) or (2) only if the person has given 2
the Minister or council written consent for the request. 3
`(5) The duty imposed on the commissioner of the police service 4
to comply with the request applies only to information in the 5
commissioner's possession or to which the commissioner has 6
access. 7
`(6) The Minister or council must ensure that a report given to the 8
Minister or council under this section is destroyed as soon as 9
practicable after it is no longer needed for the purpose for 10
which it was requested. 11
`(7) In this section-- 12
criminal history, of a person, means the person's criminal 13
history as defined under the Criminal Law (Rehabilitation of 14
Offenders) Act 1986, other than spent convictions. 15
`61C Delegation by Minister 16
`The Minister may delegate the Minister's power under 17
section 61B(1) to an appropriately qualified officer of the 18
department.'. 19
Clause 137 Insertion of new pt 8, div 2 20
After section 76-- 21
insert-- 22
`Division 2 Transitional provisions for the 23
University Legislation Amendment 24
Act 2005 25
`Subdivision 1 Preliminary 26
`77 Definitions for div 2 27
`In this division-- 28
commencement means the commencement of the provision in 29
which the term is used. 30
s 137 115 s 137
University Legislation Amendment Bill 2005
new additional members see section 83. 1
new appointed members see section 79(2). 2
pre-amended Act means this Act as in force before the 3
commencement of the University Legislation Amendment Act 4
2005, part 7. 5
`Subdivision 2 Provisions about council 6
membership 7
`78 Continuation of official members 8
`Despite section 13, a person who was an official member 9
under section 13(2)(c) or (e) of the pre-amended Act 10
continues as an official member until the new appointed 11
members' terms of office start. 12
`79 Appointment of new appointed members 13
`(1) The Minister must, within 1 year after the commencement, 14
recommend to the Governor in Council 5 persons for 15
appointment, under section 14(2), as appointed members. 16
`(2) The Governor in Council may appoint the persons as 17
appointed members (the new appointed members). 18
`80 Continuation, and term of office, of appointed 19
members 20
`(1) This section applies to a person who was an appointed 21
member immediately before the commencement. 22
`(2) Despite section 14(1), the person continues as an appointed 23
member until-- 24
(a) the person's term of office ends under subsection (3); or 25
(b) the person's office sooner becomes vacant. 26
`(3) Despite section 18, the person's term of office ends when the 27
new appointed members' terms of office start. 28
s 137 116 s 137
University Legislation Amendment Bill 2005
`81 Continuation of elected members 1
`(1) This section applies to a person who was an elected member 2
immediately before the commencement. 3
`(2) Despite section 15(1) and (2), the person continues as an 4
elected member until-- 5
(a) the person's term of office ends under section 82; or 6
(b) the person's office sooner becomes vacant. 7
`(3) Despite section 19(1) and (2), the person's term of office is 8
3 years. 9
`82 Ballot, and term of office, for elected members 10
`(1) At least 14 days before the new appointed members are 11
appointed, a ballot under section 15(3) of the post-amended 12
Act must be conducted for elected members. 13
`(2) Subsection (3) applies to a person who, immediately before 14
the ballot is conducted, is an elected member mentioned in 15
section 15(2)(a) of the pre-amended Act. 16
`(3) The person's term of office ends when the elected member 17
mentioned in section 15(2)(a) of the post-amended Act is 18
elected under the ballot. 19
`(4) Subsection (5) applies to a person who, immediately before 20
the ballot is conducted, is an elected member mentioned in 21
section 15(2)(b) or (c) of the pre-amended Act. 22
`(5) The person's term of office ends when the elected member 23
who is the member's successor is elected under the ballot. 24
`(6) Subsection (7) applies to a person who, immediately before 25
the ballot is conducted, is an elected member mentioned in 26
section 15(2)(d) of the pre-amended Act. 27
`(7) The person's term of office ends when the new additional 28
members' terms of office start. 29
`(8) A person is taken to be elected under the ballot when the new 30
appointed members' terms of office start. 31
`(9) Despite section 19(3), the term of office of a person elected 32
under the ballot starts when the new appointed members' 33
terms of office start. 34
s 137 117 s 137
University Legislation Amendment Bill 2005
`(10) Subsections (3), (5) and (7) apply despite section 81(3). 1
`(11) In this section-- 2
post-amended Act means this Act as in force after the 3
commencement of the University Legislation Amendment Act 4
2005, part 7. 5
`83 Appointment of new additional members 6
`The council must, within 1 year after the commencement, 7
appoint 3 persons as additional members (the new additional 8
members) under section 16. 9
`84 Continuation, and term of office, of additional 10
members 11
`(1) A person who was an additional member immediately before 12
the commencement continues as an additional member 13
until-- 14
(a) the person's term of office ends under subsection (2); or 15
(b) the person's office sooner becomes vacant. 16
`(2) Despite section 20, the person's term of office ends when the 17
new additional members' terms of office start. 18
`85 Council need not include additional members 19
`Despite section 12, the council need not include additional 20
members before the new additional members' terms of office 21
start. 22
`86 Dealing with casual vacancy in office of elected 23
member 24
`(1) This section applies if a casual vacancy arises in the office of 25
an elected member after the commencement and before the 26
ballot mentioned in section 82(1) is conducted. 27
`(2) For appointing or electing a person to the office, the 28
pre-amended Act continues to apply as if the University 29
Legislation Amendment Act 2005, part 7, had not commenced. 30
s 138 118 s 138
University Legislation Amendment Bill 2005
`Subdivision 3 Constitution of council 1
`87 Constitution of council 2
`(1) This section applies until the new appointed members' terms 3
of office start. 4
`(2) Despite section 17, the council is taken to be properly 5
constituted when it has 12 or more members, whether they be 6
additional, appointed, elected or official members.'. 7
Clause 138 Amendment of sch 2 (Dictionary) 8
(1) Schedule 2, definition indictable offence-- 9
omit. 10
(2) Schedule 2-- 11
insert-- 12
`chairperson means the chairperson of the academic board. 13
commencement, for part 8, division 2, see section 77. 14
commencing day, for part 8, division 1, see section 65. 15
conduct obligation, in relation to a member, means an 16
obligation that-- 17
(a) is stated in the university's approved code of conduct 18
under the Public Sector Ethics Act 1994; and 19
(b) must be complied with by the member. 20
continuing corporation, for part 8, division 1, see section 65. 21
conviction means a conviction other than a spent conviction. 22
former corporation, for part 8, division 1, see section 65. 23
indictable offence includes an indictable offence dealt with 24
summarily, whether or not the Criminal Code, section 659,35 25
applies to the indictable offence. 26
new additional members, for part 8, division 2, see 27
section 77. 28
35 Criminal Code, section 659 (Effect of summary conviction for indictable offence)
s 139 119 s 140
University Legislation Amendment Bill 2005
new appointed members, for part 8, division 2, see section 77. 1
notice means written notice. 2
pre-amended Act, for part 8, division 2, see section 77. 3
previous council, for part 8, division 1, see section 65. 4
repealed Act, for part 8, division 1, see section 65. 5
spent conviction means a conviction-- 6
(a) for which the rehabilitation period under the Criminal 7
Law (Rehabilitation of Offenders) Act 1986 has expired 8
under that Act; and 9
(b) that is not revived as prescribed by section 1136 of that 10
Act. 11
student association, for part 8, division 1, see section 65.'. 12
Part 8 Amendment of University of the 13
Sunshine Coast Act 1998 14
Clause 139 Act amended in pt 8 15
This part amends the University of the Sunshine Coast Act 16
1998. 17
Clause 140 Amendment of s 11 (Delegation) 18
(1) Section 11(1), `The university'-- 19
omit, insert-- 20
`The council'. 21
(2) Section 11-- 22
insert-- 23
36 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 141 120 s 143
University Legislation Amendment Bill 2005
`(3) Despite subsection (2)(c), the council may delegate its power 1
to approve spending of funds available to the university by 2
way of bequest, donation or special grant if-- 3
(a) the expenditure is for a matter funded by bequest, 4
donation or special grant; and 5
(b) the amount of expenditure for the matter is not more 6
than $100 000.'. 7
Clause 141 Replacement of ss 12 and 13 8
Sections 12 and 13-- 9
omit, insert-- 10
`12 Membership of council 11
`The council consists of official members, appointed 12
members, elected members and additional members. 13
`13 Official members 14
`(1) There are 3 official members. 15
`(2) The official members are-- 16
(a) the chancellor; and 17
(b) the vice-chancellor; and 18
(c) the chairperson of the academic board.'. 19
Clause 142 Amendment of s 14 (Appointed members) 20
Section 14(1), `8'-- 21
omit, insert-- 22
`6'. 23
Clause 143 Amendment of s 15 (Elected members) 24
(1) Section 15(1), `7'-- 25
omit, insert-- 26
`5'. 27
s 144 121 s 145
University Legislation Amendment Bill 2005
(2) Section 15(2)(a), `3'-- 1
omit, insert-- 2
`2'. 3
(3) Section 15(2)(c), `1 student, other than a person'-- 4
omit, insert-- 5
`2 students, other than persons'. 6
(4) Section 15(2)(d)-- 7
omit. 8
(5) Section 15(3)(d)-- 9
omit. 10
Clause 144 Replacement of s 16 (Additional members) 11
Section 16-- 12
omit, insert-- 13
`16 Additional members 14
`(1) There are 4 additional members. 15
`(2) The council must appoint the additional members. 16
`(3) The council must appoint at least 1 graduate of the university 17
as an additional member. 18
`(4) An additional member must not be a student or a member of 19
the university's academic staff or general staff.'. 20
Clause 145 Amendment of s 17 (When council is taken to be properly 21
constituted) 22
Section 17, `12'-- 23
omit, insert-- 24
`11'. 25
s 146 122 s 149
University Legislation Amendment Bill 2005
Clause 146 Amendment of s 18 (Appointed member's term of office) 1
Section 18, `3 years'-- 2
omit, insert-- 3
`4 years'. 4
Clause 147 Amendment of s 19 (Elected member's term of office) 5
(1) Section 19(1)-- 6
omit, insert-- 7
`(1) An elected member mentioned in section 15(2)(a) or (b) holds 8
office for 4 years. 9
`(1A) An elected member mentioned in section 15(2)(c) holds office 10
for 2 years.'. 11
(2) Section 19(1A) and (2)-- 12
renumber as section 19(2) and (3). 13
Clause 148 Replacement of s 20 (Additional member's term of office) 14
Section 20-- 15
omit, insert-- 16
`20 Additional member's term of office 17
`An additional member is to be appointed for a term of not 18
more than 4 years decided by the council.'. 19
Clause 149 Amendment of s 20A (Dealing with casual vacancy in 20
office of an elected member) 21
(1) Section 20A(5)-- 22
omit, insert-- 23
`(5) Despite subsection (4), if the elected member was a student, 24
the council may authorise the board of the student guild to 25
appoint a student to the office at a meeting of the student guild 26
at which a quorum is present.'. 27
(2) Section 20A(7)-- 28
omit. 29
s 150 123 s 152
University Legislation Amendment Bill 2005
Clause 150 Amendment of s 22 (Casual vacancies) 1
Section 22, `an elected member'-- 2
omit, insert-- 3
`a member'. 4
Clause 151 Replacement of s 23 (Ineligibility for membership of 5
council) 6
Section 23-- 7
omit, insert-- 8
`23 Ineligibility for membership of council 9
`(1) A person is not eligible to become an additional, appointed or 10
elected member if-- 11
(a) the person is disqualified from managing corporations 12
under the Corporations Act, part 2D.6;37 or 13
(b) the person has a conviction for an indictable offence, 14
other than an offence in relation to which the person is 15
not eligible under paragraph (a). 16
`(2) Also, a person is not eligible to be appointed or elected as an 17
additional, appointed or elected member if the person's 18
appointment or election as the member would result in the 19
person being a member for 12 years or more, whether 20
continuously or not. 21
`(3) Subsection (2) does not apply to a person if a majority of 22
members agree the person may be appointed or elected as an 23
additional, appointed or elected member. 24
`(4) Subsection (1)(b) is subject to sections 25 and 26.'. 25
Clause 152 Amendment of s 24 (Vacation of office) 26
(1) Section 24(1)(f) and (g)-- 27
omit, insert-- 28
`(f) the member is removed from office under section 26B; 29
or 30
37 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 153 124 s 153
University Legislation Amendment Bill 2005
(g) the member is disqualified from managing corporations 1
under the Corporations Act, part 2D.6; or 2
(h) the member is convicted of an indictable offence, other 3
than an offence in relation to which the member's office 4
becomes vacant under paragraph (g).'. 5
(2) Section 24(2)-- 6
omit, insert-- 7
`(2) Subsection (1)(h) is subject to sections 25 and 26.'. 8
Clause 153 Insertion of new pt 2, divs 3A and 3B 9
After section 26-- 10
insert-- 11
`Division 3A Members' function, and removing 12
additional, appointed and elected 13
members from office 14
`26A Member's function, and obligations about function 15
`(1) A member has the function of ensuring the council performs 16
its functions and exercises its powers appropriately, 17
effectively and efficiently. 18
`(2) In performing the function, a member-- 19
(a) must act honestly and in the best interests of the 20
university; and 21
(b) must exercise reasonable skill, care and diligence; and 22
(c) must disclose to the council any conflict that may arise 23
between the member's personal interests and the 24
interests of the university; and 25
(d) must not make improper use of his or her position as a 26
member, or of information acquired because of his or 27
her position as a member, to gain, directly or indirectly, 28
an advantage for the member or another person. 29
s 153 125 s 153
University Legislation Amendment Bill 2005
`26B Council may remove member from office 1
`(1) The council may remove an additional, appointed or elected 2
member from office if at least 12 members are satisfied the 3
member has not complied with-- 4
(a) section 26A(2); or 5
(b) a conduct obligation. 6
`(2) If the council decides to remove a member from office under 7
subsection (1), the council must as soon as practicable-- 8
(a) give the member notice of the decision and the reasons 9
for it; and 10
(b) if the member is an appointed member--give the 11
Minister a copy of the notice. 12
`(3) If the council gives a member a notice under subsection (2)(a), 13
the member's term of office ends on the later of the 14
following-- 15
(a) the day the member receives the notice; 16
(b) the day, if any, stated in the notice for that purpose. 17
`(4) The council's power to remove an appointed member from 18
office under this section does not limit the Governor in 19
Council's powers under the Acts Interpretation Act 1954, 20
section 25(1)(b)(i) or (iii).38 21
`Division 3B Extending terms of office 22
`26C Minister may extend terms of office 23
`(1) The Minister may, by notice given to the council, extend the 24
terms of office of the additional, appointed and elected 25
members for not more than 1 year if the Minister is satisfied 26
the extension-- 27
(a) is in the best interests of the university; and 28
38 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 154 126 s 156
University Legislation Amendment Bill 2005
(b) is necessary for the council to perform its functions and 1
exercise its powers appropriately, effectively and 2
efficiently. 3
`(2) If the Minister acts under subsection (1), the Minister must 4
extend, by the same amount, the terms of office of all 5
additional, appointed and elected members. 6
`(3) The extension applies only to members holding office when 7
the notice is given under subsection (1). 8
`(4) This section-- 9
(a) does not allow the Minister to extend the terms of office 10
of the members for more than 1 year by again acting 11
under subsection (1); and 12
(b) applies despite sections 18, 19(1) and (2) and 20.'. 13
Clause 154 Amendment of s 30 (Chancellor) 14
(1) Section 30(4)-- 15
renumber as section 30(5). 16
(2) Section 30-- 17
insert-- 18
`(4) The person elected must not be a student or a member of the 19
university's academic staff or general staff.'. 20
Clause 155 Amendment of s 31 (Deputy chancellor) 21
Section 31(3), `3 years'-- 22
omit, insert-- 23
`4 years'. 24
Clause 156 Omission of pt 4, div 1 (Convocation) 25
Part 4, division 1-- 26
omit. 27
s 157 127 s 159
University Legislation Amendment Bill 2005
Clause 157 Insertion of new s 40AA 1
Part 4, division 4, after section 40-- 2
insert-- 3
`40AA Chairperson of academic board 4
`(1) There is to be a chairperson of the academic board. 5
`(2) The council must decide who is the chairperson. 6
`(3) The chairperson holds office for the term, not longer than 7
3 years, decided by the council.'. 8
Clause 158 Amendment of s 40A (Excluded matters for Corporations 9
legislation) 10
(1) Section 40A(1)(a)-- 11
omit. 12
(2) Section 40A(1)(b) and (c)-- 13
renumber as section 40A(1)(a) and (b). 14
Clause 159 Insertion of new pt 4A 15
Before part 5-- 16
insert-- 17
`Part 4A Matters relating to offices of 18
chancellor, deputy chancellor, 19
vice-chancellor and 20
chairperson 21
`40C Disqualification from office 22
`(1) A person can not become, or continue as, the chancellor, 23
vice-chancellor or chairperson if-- 24
(a) the person is disqualified from managing corporations 25
under the Corporations Act, part 2D.6; or 26
(b) subject to subsections (2) to (4), the person has a 27
conviction for an indictable offence other than an 28
s 159 128 s 159
University Legislation Amendment Bill 2005
offence in relation to which the person is disqualified 1
from office under paragraph (a). 2
`(2) If the council considers it would be reasonable, having regard 3
to the circumstances of the indictable offence mentioned in 4
subsection (1)(b) of which the person has been convicted, the 5
council may-- 6
(a) if the person was the chancellor, vice-chancellor or 7
chairperson when convicted--give notice to the person 8
that the person-- 9
(i) is restored as the chancellor, vice-chancellor or 10
chairperson; and 11
(ii) may be later re-elected or reappointed, despite the 12
conviction; or 13
(b) otherwise--give written approval for the person to 14
become the chancellor, vice-chancellor or chairperson 15
despite the conviction. 16
`(3) On the day the person receives a notice under 17
subsection (2)(a)-- 18
(a) the person is restored as the chancellor, vice-chancellor 19
or chairperson; and 20
(b) if another person has been elected or appointed to fill the 21
vacancy--the other person's term of office ends. 22
`(4) If a person is restored as the chancellor, vice-chancellor or 23
chairperson under subsection (3), the person's term of office 24
as the chancellor, vice-chancellor or chairperson ends when it 25
would have ended if the person had not been convicted of the 26
offence. 27
`40D Council may remove chancellor, vice-chancellor or 28
chairperson from office 29
`(1) The council may remove the chancellor, vice-chancellor or 30
chairperson from office if at least 12 members are satisfied the 31
chancellor, vice-chancellor or chairperson has not complied 32
with-- 33
s 159 129 s 159
University Legislation Amendment Bill 2005
(a) section 26A(2);39 or 1
(b) a conduct obligation. 2
`(2) If the council decides to remove the chancellor, 3
vice-chancellor or chairperson from office under 4
subsection (1), the council must as soon as practicable give 5
the chancellor, vice-chancellor or chairperson notice of the 6
decision and the reasons for it. 7
`(3) The chancellor's, vice-chancellor's or chairperson's term of 8
office ends on the later of the following-- 9
(a) the day he or she receives the notice; 10
(b) the day, if any, stated in the notice for that purpose. 11
`40E Particular matters about removal of vice-chancellor 12
`(1) The council may remove the vice-chancellor from office 13
under section 40D despite the vice-chancellor's terms of 14
appointment. 15
`(2) If the council removes the vice-chancellor from office under 16
section 40D-- 17
(a) the removal does not affect the vice-chancellor's right to 18
claim compensation or other entitlements under his or 19
her terms of appointment applying when the 20
appointment ends; and 21
(b) the vice-chancellor may only claim compensation and 22
other entitlements under his or her terms of appointment 23
as if-- 24
(i) the appointment had been ended as permitted 25
under the terms of appointment; or 26
(ii) his or her term of office had ended. 27
`40F Vacation of office 28
`(1) The office of the chancellor, vice-chancellor or chairperson 29
becomes vacant if he or she-- 30
39 Section 26A (Member's function, and obligations about function)
s 160 130 s 162
University Legislation Amendment Bill 2005
(a) can not continue as the chancellor, vice-chancellor or 1
chairperson under section 40C; or 2
(b) is removed from office under section 40D. 3
`(2) The office of the deputy chancellor becomes vacant if his or 4
her office as a member becomes vacant under section 24 or he 5
or she otherwise stops being a member.'. 6
Clause 160 Amendment of s 58 (Making of university statutes) 7
(1) Section 58(2)(e)-- 8
omit. 9
(2) Section 58(2)-- 10
insert-- 11
`(fa) the process for removing a person from office under 12
section 26B or 40D;40 13
(fb) the spending of funds under a delegation under 14
section 11(3);'. 15
(3) Section 58(2)(f) to (j)-- 16
renumber as section 58(2)(e) to (k). 17
Clause 161 Amendment of s 63 (Forming and taking part in 18
corporations) 19
Section 63(1), `include'-- 20
omit, insert-- 21
`include any of'. 22
Clause 162 Insertion of new ss 64A64C 23
After section 64-- 24
insert-- 25
40 Section 26B (Council may remove member from office) 40D (Council may remove
chancellor, vice-chancellor or chairperson from office)
s 162 131 s 162
University Legislation Amendment Bill 2005
`64A Protection from liability 1
`(1) A member is not civilly liable to someone for an act done, or 2
omission made, honestly and without negligence under this 3
Act. 4
`(2) If subsection (1) prevents a civil liability attaching to a 5
member, the liability attaches instead to the university. 6
`64B Report about person's criminal history 7
`(1) To decide whether to recommend to the Governor in Council a 8
person for appointment under section 14(2) as an appointed 9
member, the Minister may ask the commissioner of the police 10
service for-- 11
(a) a written report about the person's criminal history; and 12
(b) a brief description of the circumstances of a conviction 13
mentioned in the criminal history. 14
`(2) To decide whether a person is eligible to be the chancellor, 15
vice-chancellor or chairperson, or an elected or additional 16
member, the council may ask the commissioner of the police 17
service for-- 18
(a) a written report about the person's criminal history; and 19
(b) a brief description of the circumstances of a conviction 20
mentioned in the criminal history. 21
`(3) The commissioner of the police service must comply with a 22
request under subsection (1) or (2). 23
`(4) However, the Minister or council may make a request about a 24
person under subsection (1) or (2) only if the person has given 25
the Minister or council written consent for the request. 26
`(5) The duty imposed on the commissioner of the police service 27
to comply with the request applies only to information in the 28
commissioner's possession or to which the commissioner has 29
access. 30
`(6) The Minister or council must ensure that a report given to the 31
Minister or council under this section is destroyed as soon as 32
practicable after it is no longer needed for the purpose for 33
which it was requested. 34
s 163 132 s 163
University Legislation Amendment Bill 2005
`(7) In this section-- 1
criminal history, of a person, means the person's criminal 2
history as defined under the Criminal Law (Rehabilitation of 3
Offenders) Act 1986, other than spent convictions. 4
`64C Delegation by Minister 5
`The Minister may delegate the Minister's power under 6
section 64B(1) to an appropriately qualified officer of the 7
department.'. 8
Clause 163 Insertion of new pt 8, div 2 9
After section 82-- 10
insert-- 11
`Division 2 Transitional provisions for the 12
University Legislation Amendment 13
Act 2005 14
`Subdivision 1 Preliminary 15
`83 Definitions for div 2 16
`In this division-- 17
commencement means the commencement of the provision in 18
which the term is used. 19
new additional members see section 89. 20
new appointed members see section 85(2). 21
pre-amended Act means this Act as in force before the 22
commencement of the University Legislation Amendment Act 23
2005, part 8. 24
s 163 133 s 163
University Legislation Amendment Bill 2005
`Subdivision 2 Provisions about council 1
membership 2
`84 Continuation of official members 3
`Despite section 13, a person who was an official member 4
under section 13(c) or (e) of the pre-amended Act continues as 5
an official member until the new appointed members' terms of 6
office start. 7
`85 Appointment of new appointed members 8
`(1) The Minister must, within 1 year after the commencement, 9
recommend to the Governor in Council 6 persons for 10
appointment, under section 14(2), as appointed members. 11
`(2) The Governor in Council may appoint the persons as 12
appointed members (the new appointed members). 13
`86 Continuation, and term of office, of appointed 14
members 15
`(1) This section applies to a person who was an appointed 16
member immediately before the commencement. 17
`(2) Despite section 14(1), the person continues as an appointed 18
member until-- 19
(a) the person's term of office ends under subsection (3); or 20
(b) the person's office sooner becomes vacant. 21
`(3) Despite section 18, the person's term of office ends when the 22
new appointed members' terms of office start. 23
`87 Continuation of elected members 24
`(1) This section applies to a person who was an elected member 25
immediately before the commencement. 26
`(2) Despite section 15(1) and (2), the person continues as an 27
elected member until-- 28
(a) the person's term of office ends under section 88; or 29
s 163 134 s 163
University Legislation Amendment Bill 2005
(b) the person's office sooner becomes vacant. 1
`(3) Despite section 19(1) and (2), the person's term of office is 2
3 years. 3
`88 Ballot, and term of office, for elected members 4
`(1) At least 14 days before the new appointed members are 5
appointed, a ballot under section 15(3) of the post-amended 6
Act must be conducted for elected members. 7
`(2) Subsection (3) applies to a person who, immediately before 8
the ballot is conducted, is an elected member mentioned in 9
section 15(2)(a) of the pre-amended Act. 10
`(3) The person's term of office ends when the elected members 11
mentioned in section 15(2)(a) of the post-amended Act are 12
elected under the ballot. 13
`(4) Subsection (5) applies to a person who, immediately before 14
the ballot is conducted, is an elected member mentioned in 15
section 15(2)(b) of the pre-amended Act. 16
`(5) The person's term of office ends when the elected member 17
who is the member's successor is elected under the ballot. 18
`(6) Subsection (7) applies to a person who, immediately before 19
the ballot is conducted, is an elected member mentioned in 20
section 15(2)(c) of the pre-amended Act. 21
`(7) The person's term of office ends when the elected members 22
mentioned in section 15(2)(c) of the post-amended Act are 23
elected under the ballot. 24
`(8) Subsection (9) applies to a person who, immediately before 25
the ballot is conducted, is an elected member mentioned in 26
section 15(2)(d) of the pre-amended Act. 27
`(9) The person's term of office ends when the new additional 28
members' terms of office start. 29
`(10) A person is taken to be elected under the ballot when the new 30
appointed members' terms of office start. 31
`(11) Despite section 19(3), the term of office of a person elected 32
under the ballot starts when the new appointed members' 33
terms of office start. 34
s 163 135 s 163
University Legislation Amendment Bill 2005
`(12) Subsections (3), (5), (7) and (9) apply despite section 87(3). 1
`(13) In this section-- 2
post-amended Act means this Act as in force after the 3
commencement of the University Legislation Amendment Act 4
2005, part 8. 5
`89 Appointment of new additional members 6
`The council must, within 1 year after the commencement, 7
appoint 4 persons as additional members (the new additional 8
members) under section 16. 9
`90 Continuation, and term of office, of additional 10
members 11
`(1) A person who was an additional member immediately before 12
the commencement continues as an additional member 13
until-- 14
(a) the person's term of office ends under subsection (2); or 15
(b) the person's office sooner becomes vacant. 16
`(2) Despite section 20, the person's term of office ends when the 17
new additional members' terms of office start. 18
`91 Council need not include additional members 19
`Despite section 12, the council need not include additional 20
members before the new additional members' terms of office 21
start. 22
`92 Dealing with casual vacancy in office of elected 23
member 24
`(1) This section applies if a casual vacancy arises in the office of 25
an elected member after the commencement and before the 26
ballot mentioned in section 88(1) is conducted. 27
`(2) For appointing or electing a person to the office, the 28
pre-amended Act continues to apply as if the University 29
Legislation Amendment Act 2005, part 8, had not commenced. 30
s 164 136 s 164
University Legislation Amendment Bill 2005
`Subdivision 3 Constitution of council 1
`93 Constitution of council 2
`(1) This section applies until the new appointed members' terms 3
of office start. 4
`(2) Despite section 17, the council is taken to be properly 5
constituted when it has 12 or more members, whether they be 6
additional, appointed, elected or official members.'. 7
Clause 164 Amendment of sch 2 (Dictionary) 8
(1) Schedule 2, definitions additional member, appointed 9
member, convicted, elected member, indictable offence and 10
official member-- 11
omit. 12
(2) Schedule 2-- 13
insert-- 14
`additional member-- 15
(a) generally--means a member of the council appointed 16
under section 16; and 17
(b) for part 8, division 1--see section 68. 18
appointed member-- 19
(a) generally--means a member of the council appointed 20
under section 14; and 21
(b) for part 8, division 1--see section 68. 22
chairperson means the chairperson of the academic board. 23
commencement, for part 8, division 2, see section 83. 24
commencing day, for part 8, division 1, see section 68. 25
conduct obligation, in relation to a member, means an 26
obligation that-- 27
(a) is stated in the university's approved code of conduct 28
under the Public Sector Ethics Act 1994; and 29
(b) must be complied with by the member. 30
s 164 137 s 164
University Legislation Amendment Bill 2005
continuing corporation, for part 8, division 1, see section 68. 1
conviction means a conviction other than a spent conviction. 2
elected member-- 3
(a) generally--means a member of the council elected or 4
appointed under section 15; and 5
(b) for part 8, division 1--see section 68. 6
former corporation, for part 8, division 1, see section 68. 7
indictable offence includes an indictable offence dealt with 8
summarily, whether or not the Criminal Code, section 659,41 9
applies to the indictable offence. 10
new additional members, for part 8, division 2, see 11
section 83. 12
new appointed members, for part 8, division 2, see section 83. 13
notice means written notice. 14
official member-- 15
(a) generally--means a person who is an official member of 16
the council under section 13; and 17
(b) for part 8, division 1--see section 68. 18
pre-amended Act, for part 8, division 2, see section 83. 19
previous council, for part 8, division 1, see section 68. 20
QUT, for part 8, division 1, see section 68. 21
repealed Act, for part 8, division 1, see section 68. 22
spent conviction means a conviction-- 23
(a) for which the rehabilitation period under the Criminal 24
Law (Rehabilitation of Offenders) Act 1986 has expired 25
under that Act; and 26
(b) that is not revived as prescribed by section 1142 of that 27
Act. 28
41 Criminal Code, section 659 (Effect of summary conviction for indictable offence)
42 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
s 165 138 s 165
University Legislation Amendment Bill 2005
union, for part 8, division 1, see section 68. 1
university college, for part 8, division 1, see section 68.'. 2
Part 9 Consequential and other 3
amendments 4
Clause 165 Consequential and other amendments 5
The schedule amends the Acts it mentions. 6
139
University Legislation Amendment Bill 2005
Schedule Consequential and other 1
amendments 2
section 165 3
Central Queensland University Act 1998 4
1 Part 2, divisions 3A and 3B (as inserted by this Act), 5
and 4-- 6
renumber as part 2, divisions 4, 5 and 6. 7
2 Sections 25(1) and 26(1), after `indictable offence'-- 8
insert-- 9
`mentioned in section 23(1)(b) or 24(1)(h)'. 10
3 Sections 25(1)(a) and 26(1)(a), `written'-- 11
omit. 12
4 Part 4, divisions 2 to 5-- 13
renumber as part 4, divisions 1 to 4. 14
5 Sections 40AA (as inserted by this Act) and 40A-- 15
renumber as sections 40A and 40B. 16
6 Part 8, heading-- 17
omit, insert-- 18
`Part 8 Repeal and transitional 19
provisions 20
140
University Legislation Amendment Bill 2005
Schedule (continued)
`Division 1 Repeal provision, and transitional 1
provisions before the University 2
Legislation Amendment Act 2005'. 3
7 Section 66, heading, `pt 8'-- 4
omit, insert-- 5
`div 1'. 6
8 Section 66, `In this part'-- 7
omit, insert-- 8
`In this division'. 9
9 Section 66, definition commencing day-- 10
omit, insert-- 11
`commencing day means the day the provision in which the 12
term is used commences.'. 13
10 Schedule 1, sections 2(1)(b) and 9(4), `written'-- 14
omit. 15
Griffith University Act 1998 16
1 Sections 21(1), 25(1)(a) and 26(1)(a), `written'-- 17
omit. 18
2 Sections 25(1) and 26(1), after `indictable offence'-- 19
insert-- 20
`mentioned in section 23(1)(b) or 24(1)(h)'. 21
141
University Legislation Amendment Bill 2005
Schedule (continued)
3 Part 2, divisions 3A and 3B (as inserted by this Act), 1
and 4-- 2
renumber as part 2, divisions 4, 5 and 6. 3
4 Part 3, before section 30-- 4
insert-- 5
`Division 1 Chancellor, deputy chancellor and 6
vice-chancellor'. 7
5 Section 70, heading-- 8
omit, insert-- 9
`70 Definitions for div 1 10
In this division--'. 11
6 Schedule 1, sections 2(1)(b) and 9(4), `written'-- 12
omit. 13
James Cook University Act 1997 14
1 Sections 21(1), 25(1)(a) and 26(1)(a), `written'-- 15
omit. 16
2 Sections 25(1) and 26(1), after `indictable offence'-- 17
insert-- 18
`mentioned in section 23(1)(b) or 24(1)(h)'. 19
142
University Legislation Amendment Bill 2005
Schedule (continued)
3 Part 2, divisions 3A and 3B (as inserted by this Act), 1
and 4-- 2
renumber as part 2, divisions 4, 5 and 6. 3
4 Sections 40AA (as inserted by this Act) and 40A-- 4
renumber as sections 40A and 40B. 5
5 Part 8, heading-- 6
omit, insert-- 7
`Part 8 Repeal and transitional 8
provisions 9
`Division 1 Repeal provision'. 10
6 Schedule 1, section 8(4), `written'-- 11
omit. 12
Queensland University of Technology Act 1998 13
1 Sections 21(1), 25(1)(a) and 26(1)(a), `written'-- 14
omit. 15
2 Sections 25(1) and 26(1), after `indictable offence'-- 16
insert-- 17
`mentioned in section 23(1)(b) or 24(1)(h)'. 18
143
University Legislation Amendment Bill 2005
Schedule (continued)
3 Part 2, divisions 3A and 3B (as inserted by this Act), 1
and 4-- 2
renumber as part 2, divisions 4, 5 and 6. 3
4 Schedule 1, sections 2(1)(b) and 9(4), `written'-- 4
omit. 5
University of Queensland Act 1998 6
1 Sections 21(1), 25(1)(a) and 26(1)(a), `written'-- 7
omit. 8
2 Sections 25(1) and 26(1), after `indictable offence'-- 9
insert-- 10
`mentioned in section 23(1)(b) or 24(1)(h)'. 11
3 Part 2, divisions 3A and 3B (as inserted by this Act), 12
and 4-- 13
renumber as part 2, divisions 4, 5 and 6. 14
4 Part 4, divisions 2 to 4-- 15
renumber as part 4, divisions 1 to 3. 16
5 Sections 35AA (as inserted by this Act) and 35A-- 17
renumber as sections 35A and 35B. 18
144
University Legislation Amendment Bill 2005
Schedule (continued)
6 Part 8, heading-- 1
omit, insert-- 2
`Part 8 Transitional provisions 3
`Division 1 Transitional provision for 4
continuing in office particular 5
members holding office in 2004'. 6
7 Schedule 1, sections 2(1)(b) and 9(4), `written'-- 7
omit. 8
University of Southern Queensland Act 1998 9
1 Section 20A, heading, `particular elected members'-- 10
omit, insert-- 11
`elected member'. 12
2 Section 20A(1), from `member', first mention-- 13
omit, insert-- 14
`member.'. 15
3 Sections 25(1) and 26(1), after `indictable offence'-- 16
insert-- 17
`mentioned in section 23(1)(b) or 24(1)(h)'. 18
4 Sections 25(1)(a) and 26(1)(a), `written'-- 19
omit. 20
145
University Legislation Amendment Bill 2005
Schedule (continued)
5 Part 2, divisions 3A and 3B (as inserted by this Act), 1
and 4-- 2
renumber as part 2, divisions 4, 5 and 6. 3
6 Sections 39AA (as inserted by this Act) and 39A-- 4
renumber as sections 39A and 39B. 5
7 Part 8, heading-- 6
omit, insert-- 7
`Part 8 Repeal and transitional 8
provisions 9
`Division 1 Repeal provision, and transitional 10
provisions before the University 11
Legislation Amendment Act 2005'. 12
8 Section 65, heading, `pt 8'-- 13
omit, insert-- 14
`div 1'. 15
9 Section 65, `In this part'-- 16
omit, insert-- 17
`In this division'. 18
10 Section 65, definition commencing day-- 19
omit, insert-- 20
`commencing day means the day the provision in which the 21
term is used commences.'. 22
146
University Legislation Amendment Bill 2005
Schedule (continued)
11 Schedule 1, sections 2(1)(b) and 9(4), `written'-- 1
omit. 2
University of the Sunshine Coast Act 1998 3
1 Sections 21(1), 25(1)(a) and 26(1)(a), `written'-- 4
omit. 5
2 Sections 25(1) and 26(1), after `indictable offence'-- 6
insert-- 7
`mentioned in section 23(1)(b) or 24(1)(h)'. 8
3 Part 2, divisions 3A and 3B (as inserted by this Act), 9
and 4-- 10
renumber as part 2, divisions 4, 5 and 6. 11
4 Part 4, divisions 2 to 5-- 12
renumber as part 4, divisions 1 to 4. 13
5 Sections 40AA (as inserted by this Act) and 40A-- 14
renumber as sections 40A and 40B. 15
6 Part 8, heading-- 16
omit, insert-- 17
`Part 8 Repeal and transitional 18
provisions 19
147
University Legislation Amendment Bill 2005
Schedule (continued)
`Division 1 Repeal provision, and transitional 1
provisions for Act No. 47 of 1998'. 2
7 Section 68, heading, `pt 8'-- 3
omit, insert-- 4
`div 1'. 5
8 Section 68, `In this part'-- 6
omit, insert-- 7
`In this division'. 8
9 Section 68, definition commencing day-- 9
omit, insert-- 10
`commencing day means the day the provision in which the 11
term is used commences.'. 12
10 Schedule 1, sections 2(1)(b) and 9(5), `written'-- 13
omit. 14
© State of Queensland 2005
AMENDMENTS TO BILL
1
University Legislation Amendment Bill 2005
University Legislation Amendment Bill
2005
Amendments agreed to during Consideration
1 Clause 6--
At page 18, lines 19 to 24--
omit, insert--
`(6) Section 15(4)--
omit.'.
2 Clause 10--
At page 19, lines 19 and 20--
omit, insert--
`(2) Section 19(2)(a), `or reappointed'--
omit.
(3) Section 19(1A) and (2)--
renumber as section 19(2) and (3).'.
3 Clause 12--
At page 20, lines 3 to 8--
omit, insert--
`(1) Section 20A(5)--
omit, insert--
`(5) Despite subsection (4), if the elected member was a student,
the council may appoint a student to the office.'.'.
2
University Legislation Amendment Bill 2005
4 Clause 13--
At page 20, lines 11 to 19--
omit, insert--
`13 Replacement of s 21 (Failure to elect or appoint elected
members)
Section 21--
omit, insert--
`21 Failure to elect elected member
`(1) If an entity permitted to elect an elected member does not
elect a person as the elected member by a day fixed by the
council by notice given to the entity, the Minister may appoint
a member of the entity as the elected member.
`(2) The council may, if asked by the Minister, nominate a person
for appointment under subsection (1).
`(3) A person appointed under subsection (1) is taken to have been
elected by the entity under section 15.
`(4) This section applies to the periodic election of members and
an election required because of a casual vacancy.'.'.
5 Clause 27--
At page 35, after line 6--
insert--
`(3) Schedule 2, definition elected member, `or appointed'--
omit.'.
6 Clause 53--
At page 54, lines 4 to 9--
omit, insert--
`(4) Section 15(4)--
omit.'.
3
University Legislation Amendment Bill 2005
7 Clause 57--
At page 55, lines 8 and 9--
omit, insert--
`(2) Section 19(2)(a), `or reappointed'--
omit.
(3) Section 19(1A) and (2)--
renumber as section 19(2) and (3).'.
8 Clause 59--
At page 55, lines 16 to 21--
omit, insert--
`59 Amendment of s 20A (Dealing with casual vacancy in
office of an elected member)
(1) Section 20A(5)--
omit, insert--
`(5) Despite subsection (4)--
(a) if the elected member was a student--the council may
appoint a student to the office; and
(b) if the elected member was a member of the
convocation--the council may appoint a member of the
convocation to the office.'.
(2) Section 20A(7), definition member of the convocation, `(b) or
(c)'--
omit, insert--
`(b), (c), (d) or (e)'.
59A Replacement of s 21 (Failure to elect or appoint elected
members)
Section 21--
omit, insert--
4
University Legislation Amendment Bill 2005
`21 Failure to elect elected members
`(1) If an entity permitted to elect elected members does not elect
any or enough persons as elected members by a day fixed by
the council by notice given to the entity, the Minister may
appoint to the council as many members of the entity as
necessary to comply with section 15.
`(2) The council may, if asked by the Minister, nominate a person
for appointment under subsection (1).
`(3) A person appointed under subsection (1) is taken to have been
elected by the entity under section 15.
`(4) This section applies to the periodic election of members and
an election required because of a casual vacancy.'.'.
9 Clause 71--
At page 69, after line 23--
insert--
`(3) Schedule 2, definition elected member, `or appointed'--
omit.'.
10 Clause 76--
At page 71, after line 10--
insert--
`(3) Section 15(4)--
omit.'.
11 Clause 79--
At page 72, lines 3 and 4--
omit, insert--
`(2) Section 19(2)(a), `or reappointed'--
omit.
(3) Section 19(1A) and (2)--
renumber as section 19(2) and (3).'.
5
University Legislation Amendment Bill 2005
12 After clause 80--
At page 72, after line 10--
insert--
`80A Amendment of s 20A (Dealing with casual vacancy in
office of an elected member)
Section 20A(5)--
omit, insert--
`(5) Despite subsection (4)--
(a) if the elected member was a student--the council may
appoint a student to the office; and
(b) if the elected member was a member of QUT Alumni
(the alumni)--the council may appoint a member of the
alumni to the office.'.
80B Replacement of s 21 (Failure to elect or appoint elected
members)
Section 21--
omit, insert--
`21 Failure to elect elected members
`(1) If an entity permitted to elect elected members does not elect
any or enough persons as elected members by a day fixed by
the council by notice given to the entity, the Minister may
appoint to the council as many members of the entity as
necessary to comply with section 15.
`(2) The council may, if asked by the Minister, nominate a person
for appointment under subsection (1).
`(3) A person appointed under subsection (1) is taken to have been
elected by the entity under section 15.
`(4) This section applies to the periodic election of members and
an election required because of a casual vacancy.'.'.
6
University Legislation Amendment Bill 2005
13 Clause 90--
At page 82, after line 6--
insert--
` `(2) A person who, immediately before the commencement, was
an elected member appointed under section 15 of the
pre-amended Act is taken to have been elected under that
section.'.
14 Clause 91--
At page 83, after line 26--
insert--
`(2A) Schedule 2, definition elected member, `or appointed'--
omit.'.
15 Clause 100--
At page 87, lines 17 and 18--
omit, insert--
`(2) Section 19(2)(a), `or reappointed'--
omit.
(3) Section 19(1A) and (2)--
renumber as section 19(2) and (3).'.
16 Clause 115--
At page 102, after line 5--
insert--
`(3) Schedule 2, definition elected member, `or appointed'--
omit.'.
7
University Legislation Amendment Bill 2005
17 Clause 120--
At page 103, lines 25 and 26, and page 104, lines 1 to 5--
omit, insert--
`(5) Section 15(4) and (5)--
omit.'.
18 Clause 124--
At page 105, lines 5 and 6--
omit, insert--
`(2) Section 19(2)(a), `or reappointed'--
omit.
(3) Section 19(1A) and (2)--
renumber as section 19(2) and (3).'.
19 After clause 125--
At page 105, after line 12--
insert--
`125A Amendment of s 20A (Dealing with casual vacancy in
office of particular elected members)
Section 20A(5), from `council'--
omit, insert--
`council may appoint a student to the office.'.'.
19A Clause 126--
At page 105, lines 13 to 21--
omit, insert--
`126 Replacement of s 21 (Failure to elect or appoint elected
members)
Section 21--
omit, insert--
8
University Legislation Amendment Bill 2005
`21 Failure to elect elected member
`(1) If an entity permitted to elect an elected member does not
elect a person as the elected member by a day fixed by the
council by notice given to the entity, the Minister may appoint
a member of the entity as the elected member.
`(2) The council may, if asked by the Minister, nominate a person
for appointment under subsection (1).
`(3) A person appointed under subsection (1) is taken to have been
elected by the entity under section 15.
`(4) This section applies to the periodic election of members and
an election required because of a casual vacancy.'.'.
20 Clause 138--
At page 119, after line 12--
insert--
`(3) Schedule 2, definition elected member, `or appointed'--
omit.'.
21 Clause 149--
At page 122, lines 25 to 27--
omit, insert--
`the council may appoint a student to the office.'.'.
22 Clause 164--
At page 137, lines 4 and 5, `or appointed'--
omit.
23 Schedule--
At page 141, line 15, `21(1),'--
omit.
9
University Legislation Amendment Bill 2005
24 Schedule--
At page 142, line 14, `21(1),'--
omit.
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