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Queensland
UNIVERSITY OF THE
SUNSHINE COAST BILL 1998
Queensland
UNIVERSITY OF THE SUNSHINE
COAST BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--THE UNIVERSITY AND ITS COUNCIL
Division 1--University establishment and general functions and
powers
4 Establishment of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Functions of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 General powers of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Council establishment and general functions and
powers
7 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Powers of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Council to promote university's interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Elected members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 When council is taken to be properly constituted . . . . . . . . . . . . . . . . . . . . . 13
18 Appointed member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
University of the Sunshine Coast
19 Elected member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Additional member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Failure to elect or appoint elected members . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Ineligibility for membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Discretion where appointed member convicted of indictable offence . . . . 16
26 Discretion where additional or elected member convicted of
indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
27 Who is to preside at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 3--CERTAIN OFFICERS OF THE UNIVERSITY
30 Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
31 Deputy chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
32 Vice-chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 4--BODIES CONNECTED WITH THE UNIVERSITY
Division 1--Convocation
33 Establishment of convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Student guild
34 Establishment of student guild . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
35 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
36 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
37 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3--Colleges
39 Establishment of colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Academic board
40 Establishment of academic board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 5--PROPERTY AND FINANCE
Division 1--Property held on trust or conditions
41 Definition for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
42 University may carry out conditions of gift etc. . . . . . . . . . . . . . . . . . . . . . . 22
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University of the Sunshine Coast
43 Amendment of terms of trusts and gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
44 Selection of designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
45 Approval of proposed scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
46 Property to be held for designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . 23
47 Certain persons to be given notice of scheme . . . . . . . . . . . . . . . . . . . . . . . . 23
48 Amendment of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
49 University's powers under other laws not limited . . . . . . . . . . . . . . . . . . . . . 24
Division 2--Dealing with State land by council
50 Application of Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3--Finance
51 University is statutory body under the Financial Administration
and Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
52 University is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
53 Trust funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
54 Investment common fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
55 Application of revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
56 Financial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
57 University's financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 6--UNIVERSITY STATUTES
58 Making of university statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
59 University statute must provide for review of decisions under
sch 1, s 9(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
60 University statute's status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
61 University statutes affecting student guild . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
62 University rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 7--MISCELLANEOUS
63 Forming and taking part in corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
64 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
65 Control of traffic and conduct on university land . . . . . . . . . . . . . . . . . . . . . 30
66 Proceedings for certain offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
67 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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University of the Sunshine Coast
PART 8--REPEAL AND TRANSITIONAL
68 Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
69 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
70 Continuation of university college and union . . . . . . . . . . . . . . . . . . . . . . . . 32
71 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
72 Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
73 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
74 Chancellor, deputy chancellor and vice-chancellor . . . . . . . . . . . . . . . . . . . 32
75 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
76 Staff's rights and entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
77 University college statutes and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
78 Convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
79 Union's constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
80 Affiliation with QUT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
81 Funding arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
82 References to repealed Act or former corporation . . . . . . . . . . . . . . . . . . . . 35
PART 9--AMENDMENT OF CENTRAL QUEENSLAND
UNIVERSITY ACT 1998
83 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
84 Amendment of s 66 (Definitions for pt 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
85 Replacement of ss 72 and 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
72 Chancellor, deputy chancellor and vice-chancellor . . . . . . . . . . . . . 36
73 Appointed members of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
73A Elected members of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
73B President of union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
86 Omission of s 79 (Expiry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 10--AMENDMENT OF UNIVERSITY OF SOUTHERN
QUEENSLAND ACT 1998
87 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
88 Amendment of s 65 (Definitions for pt 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
89 Replacement of ss 71 and 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
71 Chancellor, deputy chancellor and vice-chancellor . . . . . . . . . . . . . 38
72 Appointed members of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
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University of the Sunshine Coast
72A Elected members of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
72B Elected members representing alumni association . . . . . . . . . . . . . . 39
72C President of student association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
90 Omission of s 77 (Expiry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 41
CONTROL OF TRAFFIC AND CONDUCT ON UNIVERSITY
LAND
PART 1--AUTHORISED PERSONS
1 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
2 Limitation of authorised person's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
3 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
4 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
5 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
PART 2--TRAFFIC CONTROL
6 Persons authorised to control traffic on university's land . . . . . . . . . . . . . . . 43
7 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
8 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
9 Removal and detention of illegally parked or abandoned vehicles . . . . . . . 44
10 Disposal of unclaimed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
11 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 3--CONDUCT ON UNIVERSITY LAND
12 Disorderly conduct or disturbance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
13 Power to deal with particular persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 48
DICTIONARY
1998
A BILL
FOR
An Act to establish the University of the Sunshine Coast, and for
other purposes
s1 8 s4
University of the Sunshine Coast
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the University of the Sunshine Coast Act 4
1998. 5
6
Commencement
2. This Act (other than parts 9 and 10) commences on a day to be fixed 7
by proclamation. 8
9
Definitions
3. The dictionary in schedule 2 defines particular words used in this Act. 10
ART 2--THE UNIVERSITY AND ITS COUNCIL 11
P
Division 1--University establishment and general functions and powers 12
of university 13
Establishment
4.(1) The University of the Sunshine Coast is established. 14
(2) The university-- 15
(a) is a body corporate; and 16
(b) has a seal; and 17
(c) may sue and be sued in its corporate name. 18
s5 9 s6
University of the Sunshine Coast
of university 1
Functions
5. The university's functions are-- 2
(a) to provide education at university standard; and 3
(b) to provide facilities for, and encourage, study and research; and 4
(c) to encourage the advancement and development of knowledge, 5
and its application to government, industry, commerce and the 6
community; and 7
(d) to provide courses of study or instruction, at the levels of 8
achievement the council considers appropriate, to meet the needs 9
of the community; and 10
(e) to confer higher education awards; and 11
(f) to disseminate knowledge and promote scholarship; and 12
(g) to provide facilities and resources for the wellbeing of the 13
university's staff, students and other persons undertaking courses 14
at the university; and 15
(h) to exploit commercially, for the university's benefit, a facility or 16
resource of the university, including, for example, study, research 17
or knowledge, or the practical application of study, research or 18
knowledge, belonging to the university, whether alone or with 19
someone else; and 20
(i) to perform other functions given to the university under this Act 21
or another Act. 22
powers of university 23
General
6.(1) The university has all the powers of an individual and may, for 24
example-- 25
(a) enter into contracts; and 26
(b) acquire, hold, dispose of, and deal with property; and 27
(c) appoint agents and attorneys; and 28
(d) engage consultants; and 29
(e) fix charges, and other terms, for services and other facilities it 30
s7 10 s9
University of the Sunshine Coast
supplies; and 1
(f) do anything else necessary or convenient to be done for its 2
functions. 3
(2) Without limiting subsection (1), the university has the powers given 4
to it under this Act or another Act. 5
(3) The university may exercise its powers inside or outside Queensland. 6
(4) Without limiting subsection (3), the university may exercise its 7
powers outside Australia. 8
2--Council establishment and general functions and powers 9
Division
of council 10
Establishment
7. The council of the university is established. 11
of council 12
Functions
8.(1) The council is the university's governing body. 13
(2) The council has the functions conferred on it under this Act or 14
another Act. 15
of council 16
Powers
9.(1) The council may do anything necessary or convenient to be done 17
for its functions. 18
(2) Without limiting subsection (1), the council has the powers given to it 19
under this Act or another Act and, in particular, may-- 20
(a) appoint the university's staff; and 21
(b) manage and control the university's affairs and property; and 22
(c) manage and control the university's finances. 23
s 10 11 s 13
University of the Sunshine Coast
to promote university's interests 1
Council
10. The council must act in the way that appears to it most likely to 2
promote the university's interests. 3
4
Delegation
11.(1) The university may delegate its powers under this Act to-- 5
(a) an appropriately qualified member of the council; or 6
(b) an appropriately qualified committee that includes 1 or more 7
members of the council; or 8
(c) an appropriately qualified member of the university's staff. 9
(2) However, the council may not delegate its power-- 10
(a) to make university statutes or rules; or 11
(b) to adopt the university's annual budget; or 12
(c) to approve spending of funds available to the university by way 13
of bequest, donation or special grant. 14
Division 3--Council membership 15
of council 16
Membership
12.(1) The council consists of official members, appointed members and 17
elected members. 18
(2) The council may also include additional members. 19
members 20
Official
13. The official members are-- 21
(a) the chancellor; and 22
(b) the vice-chancellor; and 23
(c) the chief executive or the chief executive's nominee; and 24
s 14 12 s 15
University of the Sunshine Coast
(d) the chairperson of the academic board; and 1
(e) the president of the student guild or the president's nominee. 2
members 3
Appointed
14.(1) There are 8 appointed members. 4
(2) The Governor in Council is to appoint the appointed members. 5
members 6
Elected
15.(1) There are 7 elected members. 7
(2) The elected members are-- 8
(a) 3 members of the university's academic staff; and 9
(b) 1 member of the university's general staff; and 10
(c) 1 student, other than a person eligible for membership under 11
paragraph (a) or (b); and 12
(d) 2 members of the convocation, other than persons eligible for 13
membership under paragraph (a), (b) or (c). 14
(3) Each elected member is to be elected by a ballot at which-- 15
(a) for an elected member mentioned in subsection (2)(a)--all the 16
members of the academic staff may vote; or 17
(b) for an elected member mentioned in subsection (2)(b)--all the 18
members of the general staff may vote; or 19
(c) for an elected member mentioned in subsection (2)(c)--all the 20
students may vote; or 21
(d) for an elected member mentioned in subsection (2)(d)--all the 22
members of the convocation may vote. 23
(4) Despite subsection (3), if the office of an elected member mentioned 24
in subsection (2)(c) becomes vacant under section 24,1 the council may 25
authorise the board of the student guild, at a meeting of the board at which a 26
quorum is present, to appoint a student to fill the vacancy. 27
1 Section 24 (Vacation of office)
s 16 13 s 19
University of the Sunshine Coast
(5) Also, despite subsection (3), if the office of an elected member 1
mentioned in subsection (2)(d) becomes vacant under section 24, the 2
council may authorise the convocation, at a meeting of the convocation at 3
which a quorum is present, to appoint a member of the convocation to fill 4
the vacancy. 5
members 6
Additional
16.(1) There may be 2 additional members. 7
(2) The council may appoint the additional members. 8
(3) An additional member must not be-- 9
(a) a member of the university's academic or general staff; or 10
(b) a student. 11
council is taken to be properly constituted 12
When
17. The council is taken to be properly constituted when it has 12 or 13
more members, whether they be additional, appointed, elected or official 14
members. 15
member's term of office 16
Appointed
18. An appointed member is to be appointed for a term of not more than 17
3 years. 18
member's term of office 19
Elected
19.(1) An elected member holds office for 3 years. 20
(2) An elected member's term of office starts-- 21
(a) if the member is re-elected--the day after the day when the 22
member's previous term of office ends; or 23
(b) if paragraph (a) does not apply--the day after the day when the 24
term of office of the member's predecessor ends. 25
s 20 14 s 23
University of the Sunshine Coast
member's term of office 1
Additional
20. The appointment of an additional member is to be for a term of not 2
more than 3 years decided by the council. 3
to elect or appoint elected members 4
Failure
21.(1) If an entity permitted to elect or appoint elected members does not 5
elect or appoint any or enough persons as elected members by a day fixed 6
by the council by written notice given to the entity, the Minister may appoint 7
to the council as many members of the entity as necessary to comply with 8
section 15.2 9
(2) A person appointed under subsection (1) is taken to have been elected 10
or appointed by the entity. 11
(3) This section applies to the periodic election of members and an 12
election or appointment required because of a casual vacancy. 13
vacancies 14
Casual
22. A person appointed or elected to fill a vacancy in the office of an 15
elected member is appointed or elected for the balance of the term of office 16
of the person's predecessor. 17
for membership of council 18
Ineligibility
23.(1) A person is not eligible to become an additional, appointed or 19
elected member if-- 20
(a) the person is bankrupt or is taking advantage of the laws in force 21
about bankruptcy; or 22
(b) the person has been convicted of an indictable offence. 23
(2) Also, a person is not, without the Minister's approval-- 24
(a) eligible to become an additional member, if the person has served 25
2 consecutive terms of office as an additional member; or 26
(b) eligible to become an elected member, if the person has served 27
2 Section 15 (Elected members)
s 24 15 s 24
University of the Sunshine Coast
2 consecutive terms of office as an elected member of the same 1
type. 2
(3) Subsection (1)(b) is subject to sections 25 and 26.3 3
of office 4
Vacation
24.(1) The office of an additional, appointed or elected member becomes 5
vacant if-- 6
(a) the member dies; or 7
(b) for an additional or elected member--the member ceases to be an 8
eligible person for the entity that elected or appointed the person; 9
or 10
(c) the member is absent without the council's leave and without 11
reasonable excuse from every meeting of the council in a period 12
of 6 months; or 13
(d) the member becomes an official member; or 14
(e) the member resigns from office by signed notice-- 15
(i) if the member is an appointed member--given to the 16
Minister; or 17
(ii) if the member is an elected or additional member--given to 18
the vice-chancellor; or 19
(f) the person becomes bankrupt or takes advantage of the laws in 20
force about bankruptcy; or 21
(g) the person is convicted on an indictable offence. 22
(2) Subsection (1)(g) has effect subject to sections 25 and 26. 23
(3) A resignation takes effect on the day the notice of resignation is given 24
to the Minister or the vice-chancellor or, if a later day of effect is stated in 25
the notice, the later day. 26
3 Sections 25 (Discretion where appointed member convicted of indictable
offence) and 26 (Discretion where additional or elected member convicted of
indictable offence)
s 25 16 s 26
University of the Sunshine Coast
(4) In this section-- 1
"eligible person", for an entity, means a person whom the entity may elect 2
or appoint as a member. 3
where appointed member convicted of indictable offence 4
Discretion
25.(1) If the Minister considers it would be reasonable, having regard to 5
the circumstances of the indictable offence of which a person has been 6
convicted, the Minister may-- 7
(a) if the person was an appointed member when convicted--give 8
written notice to the chancellor and the person that the person is 9
restored as an appointed member, and may be subsequently 10
reappointed, despite the conviction; or 11
(b) otherwise--give written approval for the person to become an 12
appointed member despite the conviction. 13
(2) On the day the chancellor receives a notice under subsection (1)(a)-- 14
(a) the person is restored as an appointed member; and 15
(b) if another person has been appointed to fill the vacancy--the other 16
person's appointment ends. 17
(3) If a person is restored as an appointed member under subsection (2), 18
the person's term of office as a member ends when it would have ended if 19
the person had not been convicted of the offence. 20
where additional or elected member convicted of indictable 21
Discretion
offence 22
26.(1) If the council considers it would be reasonable, having regard to 23
the circumstances of the indictable offence of which a person has been 24
convicted, the council may-- 25
(a) if the person was an additional or elected member when 26
convicted--give written notice to the person that the person is 27
restored as an additional or elected member, and may be 28
subsequently reappointed or re-elected, despite the conviction; or 29
(b) otherwise--give written approval for the person to become an 30
additional or elected member despite the conviction. 31
s 27 17 s 29
University of the Sunshine Coast
(2) On the day the person receives the notice under subsection (1)(a)-- 1
(a) the person is restored as an additional or elected member; and 2
(b) if another person has been appointed or elected to fill the 3
vacancy--the other person's membership of the council ends. 4
(3) If a person is restored as an additional or elected member under 5
subsection (2), the person's term of office as a member ends when it would 6
have ended if the person had not been convicted of the offence. 7
Division 4--Meetings of the council 8
is to preside at meetings 9
Who
27.(1) The chancellor must preside at meetings of the council. 10
(2) However, if the chancellor and deputy chancellor4 are both absent 11
from a meeting of the council or the offices are vacant, the members present 12
must elect a member to preside at the meeting. 13
uorum 14
Q
28. A quorum exists at a meeting of the council if at least half its 15
members are present. 16
of meetings 17
Conduct
29. The council may otherwise regulate its proceedings as it considers 18
appropriate. 19
4 Section 31(4) states when the deputy chancellor is to act as chancellor.
s 30 18 s 32
University of the Sunshine Coast
PART 3--CERTAIN OFFICERS OF THE 1
UNIVERSITY 2
3
Chancellor
30.(1) There is to be a chancellor of the university. 4
(2) The council must elect a chancellor whenever there is a vacancy in the 5
office. 6
(3) The person elected need not be a member. 7
(4) The chancellor holds office for the term, not longer than 5 years, 8
fixed by the council. 9
chancellor 10
Deputy
31.(1) There is to be a deputy chancellor of the university. 11
(2) The council must elect a member as deputy chancellor whenever 12
there is a vacancy in the office. 13
(3) The deputy chancellor holds office for the term, not longer than 14
3 years, fixed by the council. 15
(4) The deputy chancellor is to act as chancellor-- 16
(a) when there is a vacancy in the office of chancellor; and 17
(b) while the chancellor is absent from the State or, for another 18
reason, can not perform the functions of the office. 19
20
Vice-chancellor
32.(1) There is to be a vice-chancellor of the university. 21
(2) The council must appoint a vice-chancellor whenever there is a 22
vacancy in the office. 23
(3) The terms of appointment are as decided by the council. 24
(4) The vice-chancellor is the chief executive officer of the university and 25
may exercise the powers and perform the functions conferred on the 26
vice-chancellor by this Act or another Act or the council. 27
s 33 19 s 34
University of the Sunshine Coast
(5) The vice-chancellor may delegate powers of the vice-chancellor under 1
this or another Act to an appropriately qualified member of the university's 2
staff. 3
PART 4--BODIES CONNECTED WITH THE 4
UNIVERSITY 5
1--Convocation 6
Division
of convocation 7
Establishment
33.(1) A convocation of the university is established. 8
(2) The council must decide the membership of the convocation by 9
university statute. 10
(3) The council must decide-- 11
(a) how meetings of the convocation are to be called; and 12
(b) how the convocation is to conduct its proceedings; and 13
(c) the quorum of a meeting of the convocation; and 14
(d) the powers and functions of the convocation. 15
2--Student guild 16
Division
of student guild 17
Establishment
34.(1) The University of the Sunshine Coast Student Guild is 18
established. 19
(2) The student guild-- 20
(a) is a body corporate with perpetual succession; and 21
(b) has a common seal; and 22
(c) may sue and be sued in its corporate name. 23
s 35 20 s 38
University of the Sunshine Coast
1
Composition
35. The persons who are eligible to be members of the student guild 2
are-- 3
(a) students; and 4
(b) persons eligible for membership under the student guild's 5
constitution. 6
unctions and powers 7
F
36.(1) The student guild has the functions and powers stated in its 8
constitution. 9
(2) The student guild also has the functions and powers decided by the 10
council. 11
(3) However, the student guild is not the employee or agent of the 12
council. 13
powers 14
General
37. Without limiting section 36, the student guild has all the powers of an 15
individual, including, for example, the power to acquire, hold, dispose of, 16
and deal with, property. 17
18
Constitution
38.(1) The student guild must have a written constitution. 19
(2) The student guild's constitution, and each amendment of the 20
constitution, must be submitted to the council for its approval. 21
(3) The constitution or amendment has no effect until approved by the 22
council. 23
s 39 21 s 40
University of the Sunshine Coast
Division 3--Colleges 1
of colleges 2
Establishment
39.(1) The council may establish colleges of the university by university 3
statute. 4
(2) The Governor in Council must approve the establishment of the 5
college before the council makes the university statute establishing it. 6
(3) The council may establish an advisory council for each college and 7
decide its membership and functions. 8
(4) On the establishment of a college, property vested in or acquired by a 9
person on trust for the college vests in the university on trust for the college. 10
(5) The council must manage and supervise the college and property held 11
on trust by the university for the college. 12
4--Academic board 13
Division
of academic board 14
Establishment
40.(1) An academic board of the university is established. 15
(2) The council must decide the membership of the academic board. 16
(3) The academic board must-- 17
(a) advise the council about teaching, scholarship and research 18
matters concerning the university; and 19
(b) formulate proposals for the academic policies of the university; 20
and 21
(c) monitor the academic activities of the university's faculties; and 22
(d) promote and encourage scholarship and research at the university. 23
s 41 22 s 43
University of the Sunshine Coast
ART 5--PROPERTY AND FINANCE 1
P
Division 1--Property held on trust or conditions 2
for div 1 3
Definition
41. In this division-- 4
"property" includes income from property and a part or residue of the 5
property. 6
may carry out conditions of gift etc. 7
University
42. The university may agree to and carry out any conditions of a gift, 8
grant, bequest or devise of property to the university. 9
of terms of trusts and gifts 10
Amendment
43.(1) This section applies if-- 11
(a) property is held by the university on terms requiring the property 12
to be used for a particular purpose (the "donor's purpose"); and 13
(b) the council is satisfied-- 14
(i) the donor's purpose-- 15
(A) has been wholly or substantially achieved; or 16
(B) no longer exists; or 17
(C) has been adequately provided for in another way; or 18
(D) is uncertain, can not be identified, or is insufficiently 19
defined; or 20
(E) becomes impossible, impractical or inexpedient to carry 21
out; or 22
(ii) the property is inadequate for the donor's purpose. 23
(2) The council may prepare a scheme (the "proposed scheme") for the 24
use of the property for another purpose (the "designated purpose"). 25
s 44 23 s 48
University of the Sunshine Coast
of designated purpose 1
Selection
44.(1) In selecting the designated purpose, the council must prefer a 2
purpose that-- 3
(a) is as similar as practicable to the donor's purpose; and 4
(b) can practically and conveniently be achieved. 5
(2) However, the proposed scheme is not invalid merely because another 6
designated purpose may have been more properly selected under 7
subsection (1). 8
of proposed scheme 9
Approval
45.(1) A proposed scheme is of no effect until it is approved by the 10
Governor in Council and the approval is notified in the gazette. 11
(2) On approval, the proposed scheme becomes an approved scheme. 12
(3) So far as is practicable, the university must give a copy of the 13
approved scheme to the donor of the property the subject of the scheme. 14
(4) Also, the university must without charge give a copy of the approved 15
scheme to anyone else who asks for it. 16
to be held for designated purpose 17
Property
46. Property to which the approved scheme applies is to be held by the 18
university for the property's designated purpose instead of the donor's 19
purpose. 20
persons to be given notice of scheme 21
Certain
47. If the approved scheme applies to land, the university must, as soon 22
as practicable after the scheme is set up, give a copy of the scheme to the 23
registrar of titles. 24
of scheme 25
Amendment
48.(1) The council may amend the approved scheme. 26
(2) Sections 43 to 47 apply to the amendment of the approved scheme as 27
s 49 24 s 52
University of the Sunshine Coast
if a reference to the donor's purpose were a reference to the designated 1
purpose of the approved scheme that is to be amended. 2
powers under other laws not limited 3
University's
49. This division does not limit the university's powers and rights under 4
any other law about property held on trust by the university. 5
2--Dealing with State land by council 6
Division
of Land Act 1994 7
Application
50.(1) State land is held and may be disposed of under the Land 8
Act 1994. 9
(2) However, the university may grant an interest in State land only by 10
way of lease. 11
(3) Also, the lease must not be for more than 25 years. 12
Division 3--Finance 13
is statutory body under the Financial Administration and 14
University
Audit Act 1977 15
51. To remove doubt, it is declared that the university is a statutory body 16
under the Financial Administration and Audit Act 1977. 17
is statutory body under the Statutory Bodies Financial 18
University
Arrangements Act 1982 19
52.(1) Under the Statutory Bodies Financial Arrangements Act 1982, the 20
university is a statutory body. 21
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 22
5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 53 25 s 55
University of the Sunshine Coast
sets out the way in which the university's powers under this Act are 1
affected by the Statutory Bodies Financial Arrangements Act 1982. 2
rust funds 3
T
53. The university may establish or administer trust funds. 4
common fund 5
Investment
54.(1) The university may establish an investment common fund for the 6
collective investment of trust funds or other amounts held by it. 7
(2) The university may add amounts to or withdraw amounts from the 8
investment common fund, without incurring any liability for breach of trust. 9
(3) The university must periodically distribute the income of the 10
investment common fund among each of the funds forming the investment 11
common fund (a "component fund") having regard to the share of each 12
component fund in the investment common fund. 13
(4) Despite subsection (3), if a component fund consists of an amount 14
received for use for a stated purpose and the amount can not or will not be 15
used for the purpose immediately, income attributable to the share of the 16
amount in the investment common fund may be paid into the general funds 17
of the university if the income is not needed immediately for the stated 18
purpose. 19
(5) Also, despite subsection (3), the university may-- 20
(a) add a part of the income of the investment common fund to the 21
fund's capital; or 22
(b) use a part of the income to establish or augment another fund to 23
make provision against capital depreciation or reduction of 24
income. 25
of revenue 26
Application
55.(1) Subject to the terms of a relevant trust, amounts received by the 27
university from any source are to be applied solely to university purposes. 28
(2) To remove doubt, it is declared that each of the following is a 29
s 56 26 s 58
University of the Sunshine Coast
university purpose-- 1
(a) enabling a student or staff member, or former student or staff 2
member, of the university to undertake study or research at the 3
university or elsewhere; 4
(b) the advancement of learning generally; 5
(c) helping a body affiliated or associated with the university. 6
review 7
Financial
56.(1) The council must, in each year, adopt a budget for the university 8
for the next year. 9
(2) In framing the budget the council need not take account of amounts 10
mentioned in subsection (4). 11
(3) The council must control its spending as nearly as possible within the 12
limits of the adopted budget. 13
(4) The council must undertake an annual review of-- 14
(a) amounts available, or expected to be available, to the university by 15
way of bequest, donation or special grant; and 16
(b) the spending of the amounts. 17
financial year 18
University's
57. The university's financial year is a calendar year. 19
ART 6--UNIVERSITY STATUTES 20
P
of university statutes 21
Making
58.(1) The council may make university statutes. 22
(2) Subject to section 59, a university statute may only be made about the 23
following matters-- 24
(a) the admission and enrolment of students; 25
s 59 27 s 59
University of the Sunshine Coast
(b) the entitlement to degrees and other awards; 1
(c) the disciplining of students and other persons undertaking courses 2
at the university; 3
(d) the fees to be paid-- 4
(i) for examinations; or 5
(ii) for attendance at lectures and classes of the university; or 6
(iii) for the use of the university's facilities; 7
(e) the membership of the convocation; 8
(f) the conduct of a ballot for the election of elected members; 9
(g) the establishment of colleges; 10
(h) the ownership and exploitation of intellectual property brought 11
into existence by the university's staff or as a result of using the 12
university's facilities; 13
(i) making and notifying university rules; 14
(j) a direction, indication or requirement for a regulatory notice. 15
(3) Without limiting subsection (2)(c), a university statute may-- 16
(a) authorise the council to impose a penalty of not more than 17
10 penalty units for a breach of a university statute about the 18
disciplining of persons mentioned in subsection (2)(c); and 19
(b) provide for its recovery and enforcement. 20
(4) If a university statute provides for the imposition of a penalty 21
mentioned in subsection (3)(a), the statute must provide for review of the 22
imposition and the amount of the penalty. 23
statute must provide for review of decisions under sch 1, 24
University
s 9(7) 25
59.(1) The council must make a statute providing for review of a 26
decision of the university to demand a payment under schedule 1, 27
section 9(7) and the amount demanded. 28
(2) The statute must provide for the review to be carried out by 2 persons 29
s 60 28 s 61
University of the Sunshine Coast
who hold office as justices of the peace (qualified) under the Justices of the 1
Peace and Commissioners for Declarations Act 1991, section 15.6 2
statute's status 3
University
60. A university statute-- 4
(a) is subordinate legislation; and 5
(b) is an exempt instrument under the Legislative Standards 6
Act 1992. 7
statutes affecting student guild 8
University
61.(1) A university statute affecting the student guild's functions or 9
powers may be made only if the council-- 10
(a) has given the guild a copy of the proposed statute at least 28 days 11
before making it; and 12
(b) has considered comments given to it by the guild under 13
subsection (2). 14
(2) The student guild may give the council written comments about the 15
proposed university statute within 14 days after receiving the copy. 16
(3) The council may amend the proposed university statute to take 17
account of any of the comments. 18
(4) If the council amends the proposed university statute to take account 19
of any of the comments, it does not have to give the student guild a copy of 20
the proposed statute before making it. 21
(5) However, if the council does give the student guild a copy of the 22
proposed statute, amended to take account of any comments, the council is 23
not obliged to take account of any further comments given to it by the 24
student guild about the proposed statute. 25
6 Section 15 (Appointments of justices of the peace and commissioners for
declarations)
s 62 29 s 63
University of the Sunshine Coast
rules 1
University
62.(1) The council may make university rules under a university statute. 2
(2) If a university rule is inconsistent with this Act or a university statute, 3
the rule is invalid to the extent of the inconsistency. 4
(3) A university rule-- 5
(a) must be notified in the way required by university statute; and 6
(b) takes effect on the day of its notification or, if a later day or time 7
is fixed in the rule, on the day or at the time fixed. 8
(4) On the day a university rule is notified under subsection (3)(a) or as 9
soon as practicable after that day, copies of the rule must be available to be 10
obtained (by purchase or otherwise) at the place, or at each of the places, 11
stated in the notice. 12
(5) Failure to comply with subsection (4) does not affect the validity of 13
the notification under subsection (3)(a). 14
ART 7--MISCELLANEOUS 15
P
and taking part in corporations 16
Forming
63.(1) The university may be a member of, form, take part in forming or 17
manage a corporation whose objects include the following-- 18
(a) making available facilities for study, research or education; 19
(b) providing teaching, research, development, consultancy or other 20
services for public or private entities; 21
(c) helping or engaging in the development or promotion of the 22
university's research or the application or use of the results of the 23
research; 24
(d) preparing, publishing, distributing or licensing the use of literary 25
or artistic work, audio or audiovisual material or computer 26
software; 27
(e) exploiting commercially a facility or resource of the university, 28
s 64 30 s 67
University of the Sunshine Coast
including, for example, study, research or knowledge, or the 1
practical application of study, research or knowledge, developed 2
by or belonging to the university, whether alone or with someone 3
else; 4
(f) seeking or encouraging gifts to the university or for the 5
university's purposes; 6
(g) another object, consistent with this Act, that the council considers 7
is appropriate in the circumstances. 8
(2) The university, or a corporation managed by the university or of 9
which the university is a member, may enter into an agreement or 10
arrangement with a corporation whose objects include an object mentioned 11
in subsection (1) for achieving the object. 12
of facilities and staff 13
Use
64. The university may enter into a contract or other arrangement with an 14
entity for the use of the university's facilities and the provision of services 15
by the university's staff. 16
of traffic and conduct on university land 17
Control
65. Schedule 1 has effect. 18
for certain offences 19
Proceedings
66. A proceeding for an offence against schedule 1, section 4(3), 6(2), 20
7(2), 12 or 13(3) may be taken in a summary way under the Justices Act 21
1886. 22
power 23
Regulation-making
67. The Governor in Council may make regulations under this Act. 24
s 68 31 s 69
University of the Sunshine Coast
PART 8--REPEAL AND TRANSITIONAL 1
for pt 8 2
Definitions
68. In this part-- 3
"additional member" means a member of the previous council appointed 4
under section 18(2) of the repealed Act. 5
"appointed member" means an appointed member, under the repealed 6
Act, of the previous council. 7
"commencing day" means the day on which this part commences. 8
"continuing corporation", for a former corporation, means-- 9
(a) for the university college--the university established under 10
section 4; or 11
(b) for the union--the student guild established under section 34. 12
"elected member" means an elected member, under the repealed Act, of 13
the previous council. 14
"former corporation" means the university college or union. 15
"official member" means an official member, under the repealed Act, of 16
the previous council. 17
"previous council" means the council of the university college under the 18
repealed Act. 19
"QUT" means the Queensland University of Technology. 20
"repealed Act" means the Sunshine Coast University College Act 1994. 21
"union" means the Sunshine Coast University College Student Union 22
established under the repealed Act. 23
"university college" means the Sunshine Coast University College 24
established under the repealed Act. 25
26
Repeal
69. The Sunshine Coast University College Act 1994 is repealed. 27
s 70 32 s 74
University of the Sunshine Coast
of university college and union 1
Continuation
70.(1) The university college is continued as the university established 2
under section 4. 3
(2) The union is continued as the student guild established under 4
section 34. 5
and liabilities 6
Assets
71. On the commencing day-- 7
(a) the assets and liabilities of a former corporation continue to be the 8
assets and liabilities of the continuing corporation for the former 9
corporation; and 10
(b) any property that, immediately before the commencing day, was 11
held in trust by a former corporation continues to be held by the 12
continuing corporation for the former corporation on the same 13
trusts. 14
15
Contracts
72. Any contracts entered into by or on behalf of a former corporation 16
and all guarantees, undertakings and securities given by or on behalf of or to 17
a former corporation, in force immediately before the commencing day, are 18
taken to have been entered into or given by or to the continuing corporation 19
for the former corporation and may be enforced against or by the continuing 20
corporation. 21
22
Proceedings
73. A proceeding that could have been started or continued by or against 23
a former corporation before the commencing day may be started or 24
continued by or against the continuing corporation for the former 25
corporation. 26
deputy chancellor and vice-chancellor 27
Chancellor,
74.(1) This section applies to a person who, immediately before the 28
commencing day, held office as the chancellor, deputy chancellor or 29
s 75 33 s 76
University of the Sunshine Coast
vice-chancellor of the university college. 1
(2) On the commencing day, the person is taken to hold office as 2
chancellor, deputy chancellor or vice-chancellor of the university until the 3
end of the person's term of office or earlier vacating office. 4
of council 5
Membership
75.(1) The council consists of-- 6
(a) the official members; and 7
(b) the additional, appointed and elected members holding office 8
immediately before the commencing day. 9
(2) An additional, appointed or elected member holds office as a member 10
of the council until 30 June 1999 or earlier vacating office. 11
(3) For subsections (1) and (2), part 2, division 3 (other than section 22) 12
of the repealed Act (the "provisions"),7 and any definitions relevant to the 13
provisions, continue to have effect. 14
(4) This section has effect despite the repeal of the repealed Act. 15
(5) This section ceases to have effect on 30 June 1999. 16
rights and entitlements 17
Staff's
76.(1) This section applies to a person who immediately before the 18
commencing day was a staff member of a former corporation. 19
(2) On the commencing day, the person is taken to be employed by the 20
continuing corporation for the former corporation on the same conditions 21
on which the person was employed by the former corporation. 22
(3) In addition, the person-- 23
(a) keeps all rights accrued or accruing to the person as a staff 24
member of the former corporation; and 25
(b) is entitled to receive long service, recreation and sick leave and 26
7 Part 2, division 3 of the repealed Act deals with the constitution of, and
disqualification from office and vacancies of members of, the council.
s 77 34 s 81
University of the Sunshine Coast
any similar entitlements accrued or accruing to the person as a 1
staff member of the former corporation. 2
college statutes and rules 3
University
77.(1) An existing instrument (to the extent that it is consistent with this 4
Act) continues in force under this Act. 5
(2) However, the instrument expires 1 year after the commencing day, 6
unless sooner repealed. 7
(3) In this section-- 8
"existing instrument" means a university college statute or rule made 9
under the repealed Act and in force immediately before the 10
commencing day. 11
12
Convocation
78. The convocation established under the repealed Act and in existence 13
immediately before the commencing day is taken to be the convocation 14
established under this Act. 15
constitution 16
Union's
79. The union's constitution in force immediately before the 17
commencing day continues in force as the student guild's constitution under 18
this Act. 19
with QUT 20
Affiliation
80.(1) On the commencing day, the affiliation agreement entered into 21
under the repealed Act between the university college and QUT is 22
terminated. 23
(2) The university is not affiliated with QUT. 24
arrangements 25
Funding
81.(1) This section applies to an amount received by QUT from the 26
s 82 35 s 84
University of the Sunshine Coast
Commonwealth, after the commencing day but before 1 July 1999, for 1
operating, capital and research purposes. 2
(2) QUT must pay to the university the proportion of the amount agreed 3
between QUT and the university. 4
(3) If, within 3 months after QUT receives the amount from the 5
Commonwealth, QUT and the university can not agree on the proportion, 6
the Minister may decide the proportion. 7
(4) If the Minister acts under subsection (3), QUT must pay the 8
proportion of the amount decided by the Minister to the university. 9
to repealed Act or former corporation 10
References
82.(1) In an Act or document, a reference to the Sunshine Coast 11
University College Act 1994 may, if the context permits, be taken to be a 12
reference to this Act. 13
(2) A reference in an Act or document to a former corporation may, if 14
the context permits, be taken to be a reference to the continuing corporation 15
for the former corporation. 16
ART 9--AMENDMENT OF CENTRAL 17
P
QUEENSLAND UNIVERSITY ACT 1998 18
amended in pt 9 19
Act
83. This part amends the Central Queensland University Act 1998. 20
of s 66 (Definitions for pt 8) 21
Amendment
84.(1) Section 66, definitions "appointed member" and "ex-officio 22
member"-- 23
omit. 24
(2) Section 66-- 25
insert-- 26
s 85 36 s 85
University of the Sunshine Coast
` "previous council" means the council of the university established under 1
the repealed Act.'. 2
of ss 72 and 73 3
Replacement
85. Sections 72 and 73-- 4
omit, insert-- 5
deputy chancellor and vice-chancellor 6
`Chancellor,
`72.(1) This section applies to a person who, immediately before the 7
commencing day, held office as the chancellor, deputy chancellor or 8
vice-chancellor of the university established under the repealed Act. 9
`(2) On the commencing day, the person is taken to hold office as 10
chancellor, deputy chancellor or vice-chancellor of the university until the 11
end of the person's term of office or earlier vacating office. 12
members of council 13
`Appointed
`73.(1) This section applies to a person who, immediately before the 14
commencing day, held office as a member of the previous council under 15
section 8(1)(h) of the repealed Act. 16
`(2) On the commencing day, the person is taken to be a member of the 17
council under section 14(1).8 18
`(3) A member of the council mentioned in this section holds office until 19
11 June 2001 or earlier vacating office. 20
members of council 21
`Elected
`73A.(1) This section applies to a person who, immediately before the 22
commencing day, held office as a member of the previous council under 23
section 8(1)(d), (e), (f) or (g) of the repealed Act. 24
`(2) On the commencing day-- 25
(a) a person who held office under section 8(1)(d) of the repealed Act 26
is taken to be a member of the council under section 15(2)(a); and 27
8 Section 14 (Appointed members)
s 86 37 s 86
University of the Sunshine Coast
(b) the person who held office under section 8(1)(e) of the repealed 1
Act is taken to be the member of the council under 2
section 15(2)(b); and 3
(c) the person, not being the president of the union, who held office 4
under section 8(1)(f)9 of the repealed Act is taken to be the 5
member of the council under section 15(2)(c); and 6
(d) a person who held office under section 8(1)(g) of the repealed Act 7
is taken to be a member of the council under section 15(2)(d). 8
`(3) A member mentioned in subsection (2) holds office as a member of 9
the council until 11 June 2001 or earlier vacating office. 10
`(4) Subsection (3) applies despite section 19.10 11
of union 12
`President
`73B.(1) This section applies to the person who, immediately before the 13
commencing day, held office as the president of the union. 14
`(2) On the commencing day, the person is taken to hold office as 15
president of the student association until the end of the person's term of 16
office or earlier vacating office.'. 17
of s 79 (Expiry) 18
Omission
86. Section 79-- 19
omit. 20
9 Section 8(1)(f) of the repealed Act provides as follows--
`(f) 2 members, each of whom is an enrolled student of the university,
elected or appointed in the manner prescribed by the statutes;'.
Under the university's statutes made under the repealed Act, the 2 members of
the council who were enrolled students of the university consisted of the
president of the student association who was appointed to the council and
another student elected to the council. This section provides a transitional
arrangement for the student elected to the council. See sections 13(2)(e) and
72C which provide for the president of the student guild to be a member of the
council.
10 Section 19 (Elected member's term of office)
s 87 38 s 89
University of the Sunshine Coast
PART 10--AMENDMENT OF UNIVERSITY OF 1
SOUTHERN QUEENSLAND ACT 1998 2
amended in pt 10 3
Act
87. This part amends the University of Southern Queensland Act 1998. 4
of s 65 (Definitions for pt 8) 5
Amendment
88.(1) Section 65, definitions "appointed member" and "ex-officio 6
member"-- 7
omit. 8
(2) Section 65-- 9
insert-- 10
` "previous council" means the council of the university established under 11
the repealed Act.'. 12
of ss 71 and 72 13
Replacement
89. Sections 71 and 72-- 14
omit, insert-- 15
deputy chancellor and vice-chancellor 16
`Chancellor,
`71.(1) This section applies to a person who, immediately before the 17
commencing day, held office as the chancellor, deputy chancellor or 18
vice-chancellor of the university established under the repealed Act. 19
`(2) On the commencing day, the person is taken to hold office as 20
chancellor, deputy chancellor or vice-chancellor of the university until the 21
end of the person's term of office or earlier vacating office. 22
members of council 23
`Appointed
`72.(1) This section applies to a person who, immediately before the 24
commencing day, held office as a member of the previous council under 25
section 8(1)(h) of the repealed Act. 26
s 89 39 s 89
University of the Sunshine Coast
`(2) On the commencing day, the person is taken to be a member of the 1
council under section 14(1).11 2
`(3) A member of the council mentioned in this section holds office until 3
9 July 2001 or earlier vacating office. 4
members of council 5
`Elected
`72A.(1) This section applies to a person who, immediately before the 6
commencing day, held office as a member of the previous council under 7
section 8(1)(d), (e) or (f) of the repealed Act. 8
`(2) On the commencing day-- 9
(a) a person who held office under section 8(1)(d) of the repealed Act 10
is taken to be a member of the council under section 15(2)(a); and 11
(b) the person who held office under section 8(1)(e) of the repealed 12
Act is taken to be the member of the council under 13
section 15(2)(b); and 14
(c) the person, not being the president of the student association, who 15
held office under section 8(1)(f)12 of the repealed Act is taken to 16
be the member of the council under section 15(2)(c). 17
`(3) A member mentioned in subsection (2) holds office as a member of 18
the council until 9 July 2001 or earlier vacating office. 19
members representing alumni association 20
`Elected
`72B.(1) This section applies to the 2 members of the alumni association 21
11 Section 14 (Appointed members)
12 Section 8(1)(f) of the repealed Act provides as follows--
`(f) 2 members, each of whom is an enrolled student of the university,
elected or appointed in the manner prescribed by the statutes;'.
Under the university's statutes made under the repealed Act, the 2 members of
the council who were enrolled students of the university consisted of the
president of the student association who was appointed to the council and
another student elected to the council. This section provides a transitional
arrangement for the student elected to the council. See sections 13(2)(e) and
72C which provide for the president of the student guild to be a member of the
council.
s 90 40 s 90
University of the Sunshine Coast
mentioned in section 15(2)(d) who become members of the council under 1
the first appointment made under section 15(4) after the commencing day. 2
`(2) The members hold office as members of the council until 9 July 3
2001 or earlier vacating office. 4
`(3) This section applies despite section 19.13 5
of student association 6
`President
`72C.(1) This section applies to the person who, immediately before the 7
commencing day, held office as the president of the student association. 8
`(2) On the commencing day, the person is taken to hold office as 9
president of the student guild until the end of the person's term of office or 10
earlier vacating office.'. 11
of s 77 (Expiry) 12
Omission
90. Section 77-- 13
omit. 14
13 Section 19 (Elected member's term of office)
41
University of the Sunshine Coast
CHEDULE 1 1
¡S
CONTROL OF TRAFFIC AND CONDUCT ON 2
UNIVERSITY LAND 3
section 65 4
ART 1--AUTHORISED PERSONS 5
P
6
Appointment
1. The vice-chancellor may, in writing, appoint a person who the 7
vice-chancellor is satisfied has the necessary training, or knowledge and 8
experience, to be an authorised person under this Act. 9
of authorised person's powers 10
Limitation
2.(1) The powers of an authorised person may be limited-- 11
(a) under a condition of appointment; or 12
(b) by written notice of the vice-chancellor given to the authorised 13
person. 14
(2) Notice under subsection (1)(b) may be given orally, but must be 15
confirmed in writing as soon as possible. 16
of appointment 17
Terms
3.(1) An authorised person holds office on the conditions stated in the 18
instrument of appointment. 19
(2) An authorised person-- 20
(a) if the appointment provides for a term of appointment--ceases to 21
hold office as an authorised person at the end of the term; and 22
(b) may resign by signed notice given to the vice-chancellor. 23
42
University of the Sunshine Coast
SCHEDULE 1 (continued)
cards 1
Identity
4.(1) The vice-chancellor must give an identity card to each authorised 2
person. 3
(2) The identity card must-- 4
(a) contain a recent photograph of the authorised person; and 5
(b) be in a form approved by the vice-chancellor; and 6
(c) be signed by the authorised person. 7
(3) A person who ceases to be an authorised person must, as soon as 8
practicable, return the person's identity card to the vice-chancellor, unless 9
the person has a reasonable excuse for not returning it. 10
Maximum penalty for subsection (3)--10 penalty units. 11
of authority 12
Proof
5.(1) An authorised person may exercise a power under this Act in 13
relation to someone else only if the authorised person-- 14
(a) first produces his or her identity card for inspection by the other 15
person; or 16
(b) has his or her identity card displayed so that it is clearly visible. 17
(2) If, for any reason, it is not practicable to comply with subsection (1), 18
the authorised person must produce the identity card for inspection by the 19
person at the first reasonable opportunity. 20
(3) If subsection (2) is relevant and is complied with by an authorised 21
person, the exercise of a power in relation to someone else by the authorised 22
person is not invalid merely because of subsection (1). 23
43
University of the Sunshine Coast
SCHEDULE 1 (continued)
PART 2--TRAFFIC CONTROL 1
authorised to control traffic on university's land 2
Persons
6.(1) An authorised person may control traffic on the university's land 3
and, for this purpose, may give directions to persons on the land. 4
(2) A person must not fail to comply with a direction given under 5
subsection (1), unless the person has a reasonable excuse for not complying 6
with it. 7
Maximum penalty for subsection (2)--10 penalty units. 8
notice 9
Regulatory
7.(1) The university may erect or display at or near any vehicular 10
entrance to the university's land, a notice (a "regulatory notice") regulating 11
the driving, parking or standing of vehicles on the land, including, for 12
example-- 13
(a) fixing a maximum speed limit; or 14
(b) indicating a pedestrian crossing; or 15
(c) indicating a place where the driving, parking or standing of a 16
vehicle is restricted or prohibited. 17
(2) A person on the university's land must comply with a regulatory 18
notice, unless the person has a reasonable excuse for not complying with it. 19
Maximum penalty--10 penalty units. 20
(3) A regulatory notice-- 21
(a) must state the limits of the area to which the notice applies; and 22
(b) may state that a contravention of a requirement of the notice is an 23
offence against this Act and the penalty for the offence. 24
(4) Without limiting subsection (1), the university may erect and display 25
regulatory notices in the form of official traffic signs. 26
(5) Evidence that a regulatory notice was erected or displayed at a place 27
mentioned in subsection (1) is evidence that the notice was erected or 28
44
University of the Sunshine Coast
SCHEDULE 1 (continued)
displayed by the university. 1
(6) A regulatory notice erected or displayed under this section must be 2
easily visible to passers-by. 3
notices 4
Information
8.(1) This section applies if a regulatory notice does not state that a 5
contravention of a requirement of the notice is an offence against this Act 6
and the penalty for the offence. 7
(2) The university must erect or display at or near each vehicular entrance 8
to the university's land to which the regulatory notice relates, and other 9
places the vice-chancellor considers appropriate, information notices stating 10
that a contravention of a requirement of a regulatory notice is an offence and 11
the penalty for the offence. 12
(3) An information notice may contain any other information the 13
vice-chancellor considers appropriate. 14
(4) An information notice erected or displayed under this section must be 15
easily visible to passers-by. 16
(5) In this section-- 17
"regulatory notice" does not include an official traffic sign. 18
and detention of illegally parked or abandoned vehicles 19
Removal
9.(1) An authorised person may seize, remove and hold, a vehicle that 20
the authorised person believes on reasonable grounds-- 21
(a) is parked in contravention of a regulatory notice; or 22
(b) is abandoned. 23
(2) The vehicle must be held at a safe place. 24
(3) An authorised person may exercise the powers given under 25
subsection (1)(a) only if-- 26
(a) the authorised person believes on reasonable grounds that it is 27
necessary or desirable to seize and remove the vehicle having 28
45
University of the Sunshine Coast
SCHEDULE 1 (continued)
regard to the safety and convenience of traffic on the university's 1
land; and 2
(b) the authorised person-- 3
(i) can not immediately locate the driver of the vehicle; or 4
(ii) believes on reasonable grounds that the driver of the vehicle 5
is not willing or able to remove the vehicle immediately. 6
(4) The authorised person must, so far as is reasonably practicable, give 7
the vehicle's driver notice of its seizure by displaying a notice in a 8
prominent position in a reasonably secure way as close as possible to the 9
place where the vehicle was seized. 10
(5) As soon as is practicable and no later than 14 days after the vehicle is 11
seized, the university must give to the owner of the vehicle a written notice 12
stating how the owner may recover the vehicle. 13
(6) If the owner can not be ascertained or located within 14 days after the 14
vehicle is seized, the notice may be given by publishing it in a newspaper 15
circulating generally in the State. 16
(7) If the vehicle was parked in contravention of a regulatory notice, the 17
owner of the vehicle must pay to the university the amount demanded by it 18
for the cost of seizing, removing, holding and returning the vehicle. 19
(8) In this section-- 20
"vehicle" includes a part of the vehicle and anything attached to, or 21
contained in, the vehicle. 22
of unclaimed vehicles 23
Disposal
10.(1) This section applies if the owner of a seized vehicle does not 24
recover the vehicle within 2 months after notice is given to the owner under 25
section 9(5) or (6). 26
(2) After publishing a notice in a newspaper circulating generally in the 27
State, the university may sell the vehicle by public auction. 28
(3) The notice must-- 29
(a) identify the vehicle; and 30
46
University of the Sunshine Coast
SCHEDULE 1 (continued)
(b) state that the vehicle is to be sold by auction; and 1
(c) state how the owner may recover the vehicle before the auction; 2
and 3
(d) state the time and place of the auction. 4
(4) Compensation is not recoverable against the university for the sale of 5
a vehicle under this section. 6
(5) In this section-- 7
"vehicle" includes a part of the vehicle and anything attached to, or 8
contained in, the vehicle. 9
of proceeds of sale 10
Application
11.(1) The proceeds of the sale must be applied in the following order-- 11
(a) in payment of the reasonable expenses incurred in the sale; 12
(b) in payment of the reasonable cost of seizing, removing and 13
holding the vehicle; 14
(c) in payment of any balance to the owner. 15
(2) Compensation is not recoverable against the university for a payment 16
under this section. 17
ART 3--CONDUCT ON UNIVERSITY LAND 18
P
conduct or disturbance 19
Disorderly
12. A person must not be disorderly or create a disturbance on the 20
university's land. 21
Maximum penalty--20 penalty units. 22
47
University of the Sunshine Coast
SCHEDULE 1 (continued)
to deal with particular persons 1
Power
13.(1) This section applies if an authorised person-- 2
(a) finds a person contravening section 12; or 3
(b) finds a person in circumstances that leads the authorised person to 4
suspect on reasonable grounds that the person has just 5
contravened section 12; or 6
(c) has information that leads the authorised person to suspect on 7
reasonable grounds that a person has just contravened section 12; 8
or 9
(d) reasonably believes, having regard to the way a person is 10
behaving, that the person's presence may pose a threat to the 11
safety of someone else on, entering or leaving the land; or 12
(e) has information that leads the authorised person to believe, on 13
reasonable grounds, that a person's presence may pose a threat to 14
the safety of someone else on, entering or leaving the university's 15
land; or 16
(f) reasonably believes that a person is on the university's land 17
without lawful justification or excuse. 18
(2) The authorised person may direct the person to leave the university's 19
land or a part of the university's land. 20
(3) A person must comply with a direction given to the person under 21
subsection (2), unless the person has a reasonable excuse for not complying 22
with it. 23
Maximum penalty for subsection (3)--10 penalty units. 24
25
48
University of the Sunshine Coast
CHEDULE 2 1
¡S
ICTIONARY 2
D
section 3 3
"academic board" means the academic board of the university. 4
"academic staff", of the university, means-- 5
(a) the university's teaching and research staff, other than research 6
assistants; and 7
(b) staff of the university whose instrument of appointment by the 8
council states they are members of the academic staff. 9
"additional member" means a member of the council appointed under 10
section 16. 11
"appointed member" means a member of the council appointed under 12
section 14. 13
"appropriately qualified", for a delegate of a power, includes having the 14
qualifications, experience or standing appropriate to exercise the 15
power. 16
"approved scheme", for the use of property, means a scheme approved 17
under section 45. 18
"authorised person" means a person holding office as an authorised 19
person because of an appointment under schedule 1, section 1. 20
"chancellor" means the chancellor of the university. 21
"college" means a college established under section 39. 22
"convicted", of an indictable offence, includes a plea of guilty or a finding 23
of guilt by a court even though a conviction is not recorded. 24
"convocation" means the convocation of the university. 25
"council" means the council of the university. 26
"deputy chancellor" means the deputy chancellor of the university. 27
49
University of the Sunshine Coast
SCHEDULE 2 (continued)
"designated purpose" see section 43(2). 1
"donor's purpose" see section 43(1). 2
"elected member" means a member of the council elected or appointed 3
under section 15. 4
"general staff", of the university, means staff of the university, other than 5
academic staff. 6
"higher education award" see Higher Education (General Provisions) 7
Act 1993, section 3.14 8
"land", of the university, means land and buildings owned by or under the 9
control of the university. 10
"member" means a member of the council. 11
"official member" means a person who is an official member of the 12
council under section 13. 13
"official traffic sign" see Traffic Act 1949, section 9.15 14
"owner", of a vehicle, includes the person registered as the owner of the 15
vehicle under-- 16
(a) the Transport Operations (Road Use Management) Act 1995; or 17
(b) the corresponding law of another State. 18
"proposed scheme" see section 43(2). 19
"regulatory notice" see schedule 1, section 7. 20
14 Higher Education (General Provisions) Act 1993, section 3--
"higher education award" means--
(a) a degree, status, title or description of bachelor, master or doctor; or
(b) an award of postgraduate diploma or graduate certificate; or
(c) another award prescribed by regulation.
15 Traffic Act 1949, section 9--
"official traffic sign" means any sign, signal, marking, light or device, not
inconsistent with this Act, placed or erected for the purpose of regulating,
warning or guiding traffic the design of which and methods, standards and
procedures in relation to which--
(a) are contained in the Manual of Uniform Traffic Control Devices; or
(b) are approved by the chief executive.
50
University of the Sunshine Coast
SCHEDULE 2 (continued)
"requirement", of a regulatory notice, includes-- 1
(a) a direction on a regulatory notice; and 2
(b) a direction, indication or requirement, declared by university 3
statute as being a requirement of the notice. 4
"State land" means land-- 5
(a) granted in trust, or reserved and set apart for a purpose, under the 6
Land Act 1994; and 7
(b) vested in or placed under the control of the university. 8
"student" means a student enrolled in the university. 9
"student guild" means the University of the Sunshine Coast Student 10
Guild. 11
"university" means the University of the Sunshine Coast. 12
"university rule" means a university rule made under section 62. 13
"university statute" means a university statute made under section 59. 14
"vehicle" see Traffic Act 1949, section 9.16 15
"vice-chancellor" means the vice-chancellor of the university. 16
17
© State of Queensland 1998
16 Traffic Act 1949, section 9--
"vehicle" includes any articulated vehicle, barrow, cab, car, carriage, cart,
dray, hand cart, lorry, motor vehicle, multi-wheeled vehicle, omnibus,
tractor or traction engine, trailer, trolley vehicle, truck, van, velocipede,
wagon, or other means of transport or conveyance whatsoever designed for
movement upon wheels, whether or not such vehicle is or is not for the time
being capable of being operated or used in a normal manner, but does not
include a train, tram or wheelchair.
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