Western Australian Consolidated Acts Western Australian Consolidated Acts (1) By-laws made by
the Council under this section apply only within the boundaries of
University lands.
(2) For the purposes
of this section and by-laws made by the Council under this section, the
Governor may, by proclamation, —
(a)
declare any land vested in, or under the management and control of the
University to be University lands;
(b)
alter the boundaries of any University lands; or
(c)
declare that any land shall cease to be University lands,
and the by-laws shall
thereupon apply to that land accordingly and to any building, structure or
erection on that land.
(3) The Council may,
with the approval of the Governor, make by-laws for the purpose of managing,
preserving, and protecting University lands and for the purpose of regulating
the terms and conditions on which such lands may be visited or used by any
persons whomsoever, and the conduct of such persons when on or upon such
lands, and in particular may by by-laws —
(a)
prohibit or regulate the admission to such lands of persons, vehicles or
animals;
(b)
prescribe the times when and the purposes for which such lands may be used,
and the times when and the purposes for which the same shall be open or
closed, and prohibit the use thereof or access thereto at any other times, or
for any other purpose;
(c)
prescribe fees to be charged to all or any persons for admission to or use of
such lands;
(d)
provide for the issue to all or any persons using such lands of tickets and
requiring the production of such tickets by such persons if and whenever
required by any member of the Police Force, or any member of the staff of the
University;
(e)
regulate the conduct of persons using or being in or upon such lands;
(f)
prohibit any nuisance, or any offensive, indecent, or improper act, conduct,
or behaviour on such lands;
(g)
prohibit the use of abusive or insulting language on such lands;
(h)
prohibit damage or injury to or interference with such lands, or any tree,
shrub, hedge, plant or flower thereon, or any fixed or movable article
thereon;
(i)
prohibit the writing or printing of any indecent words,
or the writing, printing, or drawing, or affixing of any indecent or obscene
picture or representation on such lands, or on any fence, wall, tree, shrub,
or hedge thereon;
(j)
prescribe, in respect of an alleged breach of the by-laws involving a vehicle,
the circumstances under which the owner of the vehicle is deemed to be the
driver or person in charge of the vehicle at the time of the alleged breach;
(k)
prescribe the circumstances under which an authorised person may remove a
vehicle, or cause it to be removed, from University lands to a specified
place, prescribe his further powers in relation thereto, prescribe the scale
of charges to be paid to recover the vehicle from that place, and authorise
the Council to hold the vehicle until the prescribed charges are paid;
(l)
prescribe a modified penalty or modified penalties payable to the University
by a person or one of a class of persons who does not contest an allegation
that he committed any specified breach of the by-laws, and provide that the
due payment of a modified penalty is a defence to a charge of the breach in
respect of which that modified penalty was paid;
(m)
authorise any member of the Police Force or any member of the staff of the
University to remove from such lands all persons guilty of any breach of a
by-law, and to prohibit the obstruction of any such member of the Police Force
or member of the staff;
(n)
require any person using such lands to give his name and address, whenever
required so to do by any member of the Police Force, or any member of the
staff of the University; and
(o)
generally provide for the carrying out of the purposes of this Act, or any
Statute,
but no such by-law
shall be contrary to the express provisions of this Act or of any Statute.
(4) In
subsection (3) authorised person means any member of the Police Force,
the chief executive officer of the University, or any member of the staff of
the University authorised by the chief executive officer in respect of the
matters referred to in the provision wherein the expression is used.
(5) The
by-laws —
(a) may
be limited in their application to time, place or circumstances; and
(b) may
provide that any act or thing shall be done with the approval or to the
satisfaction of a specified person or class of persons and may confer a
discretionary authority.
(6) Any by-law may
impose a penalty not exceeding $250 for any breach thereof and proceedings for
the recovery of such penalty may be taken by any authorised person in his own
name; but all pecuniary penalties shall be appropriated and paid to the
University for its use.
(7) In any proceedings
for any contravention of any by-law the allegation in the prosecution notice
that any place was on University lands shall be sufficient evidence of the
fact alleged in the absence of proof to the contrary.
(8) No by-law takes
away or restricts any liability, civil or criminal, arising under any
provision of any Act other than this Act or at common law.
(9) A breach of a
by-law by an enrolled student is a disciplinary offence proceedings for which
may be commenced, heard, and determined under the disciplinary Statutes,
by-laws and rules of the University instead of before a court of summary
jurisdiction.
[Section 29 amended by No. 63 of 1990
s. 19; No. 78 of 1995 s. 34; No. 84 of 2004 s. 80.]