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JAMES COOK UNIVERSITY ACT 1997 - As at 26 April 2024 - Act 45 of 1997

- As at 26 April 2024 - Act 45 of 1997

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Definitions

PART 2 - THE UNIVERSITY AND ITS COUNCIL

Division 1 - University establishment and general functions and powers

  • 4 Establishment of university
  • 5 Functions of university
  • 6 General powers of university

Division 2 - Council establishment and general functions and powers

  • 7 Establishment of council
  • 8 Functions of council
  • 9 Powers of council
  • 10 Council to promote university’s interests
  • 11 Delegation

Division 3 - Council membership—no membership resolution

  • 11A Application of division
  • 12 Membership of council
  • 13 Official members
  • 14 Appointed members
  • 15 Elected members
  • 16 Additional member
  • 17 When council is taken to be properly constituted
  • 18 Appointed member’s term of office
  • 19 Elected member’s term of office
  • 20 Additional member’s term of office
  • 20A Dealing with casual vacancy in office of an elected member
  • 21 Failure to elect elected members
  • 22 Casual vacancies

Division 3A - Council membership—membership resolution

Subdivision 1 - Preliminary
  • 22A Definitions for division
  • Subdivision 2 - Council membership
  • 22B Application of subdivision
  • 22C Membership of council
  • 22D Official members
  • 22E Appointed members
  • 22F Elected members
  • 22G Additional members
  • 22H Particular provisions subject to sdiv 4
  • 22I When council is taken to be properly constituted
  • Subdivision 3 - Membership resolutions
  • 22J Council may pass resolution
  • 22K Current members not affected
  • 22L Council must give Minister notice of membership resolution affecting class of appointed members
  • 22M When membership resolution takes effect for membership class
  • 22N Restriction on passing further membership resolution
  • Subdivision 4 - Casual vacancies and related matters
  • 22O Dealing with casual vacancy in office of elected member
  • 22P Failure to elect elected members
  • 22Q Casual vacancies

Division 3B - Matters relating to offices of appointed, elected and additional members

  • 23 Ineligibility for membership of council
  • 24 Vacation of office
  • 25 Discretion where appointed member convicted of indictable offence
  • 26 Discretion where elected or additional member convicted of indictable offence

Division 3C - Council elections

  • 26AA Election policy
  • 26AB Conduct of election
  • 26AC Eligibility to vote

Division 4 - Members’ function, and removing elected, appointed and additional members from office

  • 26A Member’s function, and obligations about function
  • 26B Council may remove member from office

Division 5 - Extending terms of office

  • 26C Minister may extend terms of office

Division 6 - Meetings of the council

  • 27 Who is to preside at meetings
  • 28 Quorum
  • 29 Conduct of meetings

PART 3 - CERTAIN OFFICERS OF THE UNIVERSITY

  • 30 Chancellor
  • 31 Deputy chancellor
  • 32 Vice-chancellor

PART 4 - BODIES CONNECTED WITH THE UNIVERSITY

Division 1 - Convocation

  • 33 Establishment of convocation

Division 2 - Union

Division 3 - (Repealed)

Division 4 - Academic board

  • 40 Establishment of academic board
  • 40A Chairperson of academic board

Division 5 - Application of Corporations legislation to bodies

  • 40B Excluded matters for Corporations legislation

PART 4A - MATTERS RELATING TO OFFICES OF CHANCELLOR, DEPUTY CHANCELLOR, VICE-CHANCELLOR AND CHAIRPERSON

  • 40C Disqualification from office
  • 40D Council may remove chancellor, vice-chancellor or chairperson from office
  • 40E Particular matters about removal of vice-chancellor
  • 40F Vacation of office

PART 5 - PROPERTY AND FINANCE

Division 1 - Property held on trust or conditions

  • 41 Definition for div 1
  • 42 Amendment of terms of trusts and gifts
  • 43 Selection of designated purpose
  • 44 Property to be held for designated purpose
  • 45 Certain persons to be given notice of scheme
  • 46 Amendment of scheme
  • 47 University’s powers under other laws not limited
  • 48 University may carry out conditions of gift etc.

Division 2 - Dealing with State land by council

Division 3 - Finance

PART 6 - (Repealed)

PART 7 - MISCELLANEOUS

  • 61 Forming and taking part in corporations
  • 62 Use of facilities and staff
  • 62A Protection from liability
  • 62B Report about person’s criminal history
  • 62C Delegation by Minister
  • 62D Requirement to disclose particular matters
  • 62E Restrictions on disclosing protected information
  • 63 Control of traffic and conduct on university land
  • 64 Regulation-making power
  • 65 Repealed Act references

PART 8 - REPEAL AND TRANSITIONAL PROVISIONS

Division 1 - Repeal provision

  • 66 (Expired)
  • 67 Repeal

Division 2 - Transitional provisions for the University Legislation Amendment Act 2005

Subdivision 1 - Preliminary
  • 68 Definitions for div 2
  • Subdivision 2 - Provisions about council membership
  • 69 Continuation of official members
  • 70 Appointment of new appointed members
  • 71 Continuation, and term of office, of appointed members
  • 72 Continuation of elected members
  • 73 Ballot, and term of office, for elected members
  • 74 Appointment of new additional member
  • 75 Continuation, and term of office, of additional members
  • 76 Council need not include additional members
  • 77 Dealing with casual vacancy in office of elected member
  • Subdivision 3 - Constitution of council
  • 78 Constitution of council

Division 3 - Transitional provisions for University Legislation Amendment Act 2017

  • 79 Definitions for division
  • 80 Particular references to council election
  • 81 Majority required for first membership resolution
  • 82 Council must give Minister notice of first membership resolution
  • 83 Membership and constitution of council during transition period
  • 84 Convocation elected members to be disregarded for s 22J(6)(a)
  • 85 Dealing with casual vacancy in office of convocation elected member at start of, or during, transition period
  • 86 Repeal of university statutes

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