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CENTRAL QUEENSLAND UNIVERSITY BILL 1997

       Queensland




CENTRAL QUEENSLAND
 UNIVERSITY BILL 1997

 


 

 

Queensland CENTRAL QUEENSLAND UNIVERSITY BILL 1997 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Functions of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 General powers of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2--Council establishment and general functions and powers 7 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Powers of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Council to promote university's interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 3--Council membership 12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Elected members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 When council is taken to be properly constituted . . . . . . . . . . . . . . . . . . . . . 13

 


 

2 Central Queensland University 18 Appointed member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Elected member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 24 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25 Discretion where appointed member convicted of indictable offence . . . . 16 26 Discretion where elected or additional member convicted of indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 4--Meetings of the council 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 association 34 Establishment of student association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 35 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 36 Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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

 


 

3 Central Queensland University PART 5--PROPERTY AND FINANCE Division 1--Property held on trust or conditions 41 Definition for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 42 Amendment of terms of trusts and gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 43 Selection of designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 44 Property to be held for designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . 23 45 Certain persons to be given notice of scheme . . . . . . . . . . . . . . . . . . . . . . . . 23 46 Amendment of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 47 University's powers under other laws not limited . . . . . . . . . . . . . . . . . . . . . 23 48 University may carry out conditions of gift etc. . . . . . . . . . . . . . . . . . . . . . . 23 Division 2--Dealing with State land by council 49 Application of Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 3--Finance 50 University is statutory body under the Financial Administration and Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 51 University is statutory body under the Statutory Bodies Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 52 Trust funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 53 Investment common fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 54 Application of revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 55 Financial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 56 University's financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 6--UNIVERSITY STATUTES 57 Making of university statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 58 University statute's status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 59 University statutes affecting student association . . . . . . . . . . . . . . . . . . . . . 27 60 University rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 7--MISCELLANEOUS 61 Forming and taking part in corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 62 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 63 Control of traffic and conduct on university land . . . . . . . . . . . . . . . . . . . . . 29 64 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 65 Repealed Act references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

 


 

4 Central Queensland University PART 8--REPEAL AND TRANSITIONAL 66 Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 67 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 68 Continuation of university and union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 69 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 70 Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 71 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 72 Offices held under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 73 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 74 Staff's rights and entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 75 University statutes and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 76 Convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 77 Student association's constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 78 References to university or union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 79 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 34 CONTROL OF TRAFFIC AND CONDUCT ON UNIVERSITY LAND PART 1--AUTHORISED PERSONS 1 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 2 Limitation of authorised person's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 3 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 4 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 5 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 2--TRAFFIC CONTROL 6 Persons authorised to control traffic on university's land . . . . . . . . . . . . . . . 36 7 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 8 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 9 Removal and detention of illegally parked or abandoned vehicles . . . . . . . 37 10 Disposal of unclaimed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 11 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PART 3--CONDUCT ON UNIVERSITY LAND 12 Conduct causing a public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

 


 

5 Central Queensland University 13 Power to deal with persons causing a public nuisance . . . . . . . . . . . . . . . . . 40 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 41 DICTIONARY

 


 

 

1997 A BILL FOR An Act about the Central Queensland University

 


 

s1 8 s3 Central Queensland University The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Central Queensland University Act 1997. 4 5 Commencement 2. This Act commences on a day to be fixed by proclamation. 6 7 Definitions 3. The dictionary in schedule 2 defines particular words used in this Act.1 8 1 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4). Words defined elsewhere in the Act are generally signposted by entries in the dictionary. However, if a section has a definition applying only to the section, or a part of the section, it is generally not signposted by an entry in the dictionary and is generally set out in the last subsection of the section. Signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the Act and tell the reader where the definitions can be found. For example, the definition ` "designated purpose" see section 42.' tells the reader there is a definition of designated purpose in the section.

 


 

s4 9 s5 Central Queensland University ART 2--THE UNIVERSITY AND ITS COUNCIL 1 P Division 1--University establishment and general functions and powers 2 of university 3 Establishment 4.(1) The Central Queensland University is established. 4 (2) The university-- 5 (a) is a body corporate; and 6 (b) has a seal; and 7 (c) may sue and be sued in its corporate name. 8 of university 9 Functions 5. The university's functions are-- 10 (a) to provide education at university standard; and 11 (b) to provide facilities for, and encourage, study and research; and 12 (c) to encourage the advancement and development of knowledge, 13 and its application to government, industry, commerce and the 14 community; and 15 (d) to provide courses of study or instruction (at the levels of 16 achievement the council considers appropriate) to meet the needs 17 of the community; and 18 (e) to confer higher education awards; and 19 (f) to disseminate knowledge and promote scholarship; and 20 (g) to provide facilities and resources for the wellbeing of the 21 university's staff, students and other persons undertaking courses 22 at the university; and 23 (h) to exploit commercially, for the university's benefit, a facility or 24 resource of the university, including, for example, study, research 25 or knowledge, or the practical application of study, research or 26 knowledge, belonging to the university, whether alone or with 27 someone else; and 28

 


 

s6 10 s8 Central Queensland University (i) to perform other functions given to the university under this or 1 another Act. 2 powers of university 3 General 6.(1) The university has all the powers of an individual, and may, for 4 example-- 5 (a) enter into contracts; and 6 (b) acquire, hold, dispose of, and deal with property; and 7 (c) appoint agents and attorneys; and 8 (d) engage consultants; and 9 (e) fix charges, and other terms, for services and other facilities it 10 supplies; and 11 (f) do anything else necessary or convenient to be done for, or in 12 connection with, its functions. 13 (2) Without limiting subsection (1), the university has the powers given 14 to it under this or another Act. 15 (3) The university may exercise its powers inside or outside Queensland. 16 (4) Without limiting subsection (3), the university may exercise its 17 powers outside Australia. 18 2--Council establishment and general functions and powers 19 Division of council 20 Establishment 7. There is a council of the university. 21 of council 22 Functions 8.(1) The council is the university's governing body. 23 (2) The council has the functions conferred on it under this or another 24 Act. 25

 


 

s9 11 s 12 Central Queensland University of council 1 Powers 9.(1) The council may do anything necessary or convenient to be done 2 for, or in connection with, its functions. 3 (2) Without limiting subsection (1), the council has the powers given to it 4 under this or another Act and, in particular-- 5 (a) to appoint the university's staff; and 6 (b) to manage and control the university's affairs and property; and 7 (c) to manage and control the university's finances. 8 to promote university's interests 9 Council 10. The council must act in the way that appears to it most likely to 10 promote the university's interests. 11 12 Delegation 11.(1) The council may delegate its powers under this Act to-- 13 (a) an appropriately qualified member of the council; or 14 (b) an appropriately qualified committee that includes 1 or more 15 members of the council; or 16 (c) an appropriately qualified member of the university's staff. 17 (2) However, the council may not delegate its power-- 18 (a) to make university statutes or rules; or 19 (b) to adopt the university's annual budget; or 20 (c) to approve spending of funds available to the university by way 21 of bequest, donation or special grant. 22 3--Council membership 23 Division of council 24 Membership 12.(1) The council consists of official members, appointed members and 25

 


 

s 13 12 s 15 Central Queensland University elected members. 1 (2) The council may also include additional members. 2 members 3 Official 13.(1) There are 5 official members. 4 (2) The official members are-- 5 (a) the chancellor; and 6 (b) the vice-chancellor; and 7 (c) the chief executive of the department or the chief executive's 8 nominee; and 9 (d) the president of the academic board; and 10 (e) the president of the student association. 11 members 12 Appointed 14.(1) There are 8 appointed members. 13 (2) The Governor in Council is to appoint the appointed members. 14 members 15 Elected 15.(1) There are 7 elected members. 16 (2) The elected members are-- 17 (a) 3 members of the full-time academic staff; and 18 (b) 1 member of the full-time general staff; and 19 (c) 1 student; and 20 (d) 2 members of the convocation (other than persons eligible for 21 membership under paragraph (a), (b) or (c)). 22 (3) Each elected member is to be elected by a ballot at which-- 23 (a) for an elected member mentioned in subsection (2)(a)--all the 24 members of the full-time academic staff may vote; or 25 (b) for an elected member mentioned in subsection (2)(b)--all the 26

 


 

s 16 13 s 18 Central Queensland University members of the full-time general staff may vote; or 1 (c) for an elected member mentioned in subsection (2)(c)--all the 2 students may vote; or 3 (d) for an elected member mentioned in subsection (2)(d)--all the 4 members of the convocation may vote. 5 (4) Despite subsection (3)-- 6 (a) the council may authorise the council of the student association to 7 appoint the elected member mentioned in subsection (2)(c) at a 8 meeting of the council of the student association; and 9 (b) the council may authorise the convocation to appoint the elected 10 members mentioned in subsection (2)(d) at a meeting of the 11 convocation at which a quorum is present. 12 members 13 Additional 16.(1) There may be 2 additional members. 14 (2) The council may appoint the additional members. 15 (3) An additional member must not be-- 16 (a) a member of the academic or general staff; or 17 (b) a student. 18 council is taken to be properly constituted 19 When 17. The council is taken to be properly constituted when it has 12 or 20 more members, whether they be additional, appointed, elected or official 21 members. 22 member's term of office 23 Appointed 18. An appointed member is to be appointed for a term of not more than 24 3 years. 25

 


 

s 19 14 s 22 Central Queensland University member's term of office 1 Elected 19.(1) An elected member holds office for 3 years. 2 (2) An elected member's term of office starts-- 3 (a) if the member is re-elected or reappointed--the day after the day 4 when the member's previous term of office ends; or 5 (b) if paragraph (a) does not apply--the day after the day when the 6 term of office of the member's predecessor ends. 7 member's term of office 8 Additional 20. The appointment of an additional member is to be for a term of not 9 more than 3 years decided by the council. 10 to elect or appoint elected members 11 Failure 21.(1) If an entity permitted to elect or appoint elected members does not 12 elect or appoint any or enough persons as elected members by a day fixed 13 by the council by written notice given to the entity, the Minister may appoint 14 to the council as many members of the entity as necessary to comply with 15 section 15.2 16 (2) A person appointed under subsection (1) is taken to have been elected 17 or appointed by the entity under section 15. 18 (3) This section applies to the periodic election or appointment of 19 members and an election or appointment required because of a casual 20 vacancy. 21 vacancies 22 Casual 22. A person appointed or elected to fill a vacancy in the office of a 23 member is appointed or elected for the balance of the term of office of the 24 person's predecessor. 25 2 Section 15 (Elected members)

 


 

s 23 15 s 24 Central Queensland University for membership of council 1 Ineligibility 23.(1) A person is not eligible to become an elected, appointed or 2 additional member if-- 3 (a) the person is bankrupt or is taking advantage of the laws in force 4 about bankruptcy; or 5 (b) the person has been found guilty of an indictable offence. 6 (2) Subsection (1) has effect subject to sections 25 and 26.3 7 of office 8 Vacation 24.(1) The office of an elected, appointed or additional member becomes 9 vacant if-- 10 (a) the member dies; or 11 (b) for an elected or additional member--the member ceases to be an 12 eligible person for the entity that elected or appointed the person; 13 or 14 (c) the member is absent without the council's leave and without 15 reasonable excuse from every meeting of the council in a period 16 of 6 months; or 17 (d) the member becomes an official member; or 18 (e) the member resigns from office by signed notice-- 19 (i) if the member is an appointed member--given to the 20 Minister; or 21 (ii) if the member is an elected or additional member--given to 22 the vice-chancellor; or 23 (f) the person becomes bankrupt or takes advantage of the laws in 24 force about bankruptcy; or 25 (g) the person is convicted of an indictable offence. 26 (2) Subsection (1) has effect subject to sections 25 and 26. 27 3 Sections 25 (Discretion where appointed member convicted of indictable offence) and 26 (Discretion where elected or additional member convicted of indictable offence)

 


 

s 25 16 s 26 Central Queensland University (3) A resignation takes effect on the day the notice of resignation is given 1 to the Minister or the vice-chancellor or, if a later day of effect is stated in 2 the notice, the later day. 3 (4) In this section-- 4 "eligible person", for an entity, means a person whom the entity may elect 5 or appoint as a member. 6 where appointed member convicted of indictable offence 7 Discretion 25.(1) If the Minister considers it would be reasonable, having regard to 8 the circumstances of the indictable offence of which a person has been 9 convicted, the Minister may-- 10 (a) if the person was an appointed member when convicted--give 11 written notice to the chancellor and the person that the person is 12 restored as an appointed member, and may be subsequently 13 reappointed, despite the conviction; or 14 (b) otherwise--give written approval for the person to become an 15 appointed member despite the conviction. 16 (2) On the day the chancellor receives a notice under subsection (1)(a)-- 17 (a) the person is restored as an appointed member; and 18 (b) if another person has been appointed to fill the vacancy--the other 19 person's appointment ends. 20 (3) If a person is restored as an appointed member under subsection (2), 21 the person's term of office as a member ends when it would have ended if 22 the person had not been convicted of the offence. 23 where elected or additional member convicted of indictable 24 Discretion offence 25 26.(1) If the council considers it would be reasonable, having regard to 26 the circumstances of the indictable offence of which a person has been 27 convicted, the council may-- 28 (a) if the person was an elected or additional member when 29 convicted--give written notice to the person that the person is 30 restored as an elected or additional member, and may be 31

 


 

s 27 17 s 29 Central Queensland University subsequently re-elected or reappointed, despite the conviction; or 1 (b) otherwise--give written approval for the person to become an 2 elected or additional member despite the conviction. 3 (2) On the day the person receives a notice under subsection (1)(a)-- 4 (a) the person is restored as an elected or additional member; and 5 (b) if another person has been elected or appointed to fill the 6 vacancy--the other person's membership of the council ends. 7 (3) If a person is restored as an elected or additional member under 8 subsection (2), the person's term of office as a member ends when it would 9 have ended if the person had not been convicted of the offence. 10 Division 4--Meetings of the council 11 is to preside at meetings 12 Who 27.(1) The chancellor must preside at meetings of the council. 13 (2) However, if the chancellor and deputy chancellor are both absent 14 from a meeting of the council or the offices are vacant, the members present 15 must elect a member to preside at the meeting. 16 uorum 17 Q 28. A quorum exists at a meeting of the council if at least half its 18 members are present. 19 of meetings 20 Conduct 29. The council may otherwise regulate its proceedings as it considers 21 appropriate. 22

 


 

s 30 18 s 32 Central Queensland University PART 3--CERTAIN OFFICERS OF THE 1 UNIVERSITY 2 3 Chancellor 30.(1) There is 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 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 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 or another Act or the council. 27

 


 

s 33 19 s 34 Central Queensland University (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 is to decide the membership of the convocation by 9 university statute. 10 (3) The council is to 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) if and how members of the convocation are to be appointed as 14 members of the council; and 15 (d) the quorum of a meeting of the convocation; and 16 (e) the powers and functions of the convocation. 17 2--Student association 18 Division of student association 19 Establishment 34.(1) The Central Queensland University Student Association is 20 established. 21 (2) The student association-- 22 (a) is a body corporate with perpetual succession; and 23

 


 

s 35 20 s 38 Central Queensland University (b) has a common seal; and 1 (c) may sue and be sued in its corporate name. 2 3 Composition 35. The persons who are eligible to be members of the student 4 association are-- 5 (a) students; and 6 (b) persons eligible for membership under the student association's 7 constitution. 8 9 Role 36.(1) The student association has the role and powers stated in its 10 constitution. 11 (2) The student association also has the role and powers decided by the 12 council. 13 (3) However, the student association is not the employee or agent of the 14 council. 15 powers 16 General 37. Without limiting section 36, the student association has all the 17 powers of an individual, including, for example, the power to acquire, hold, 18 dispose of, and deal with, property. 19 20 Constitution 38.(1) The student association must have a written constitution. 21 (2) The student association's constitution, and each amendment of the 22 constitution, must be submitted to the council for its approval. 23 (3) The constitution or amendment has no effect until approved by the 24 council. 25

 


 

s 39 21 s 40 Central Queensland University 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) The council may establish an academic board of the university. 15 (2) The council must determine 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 42 Central Queensland University 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 of terms of trusts and gifts 7 Amendment 42.(1) This section applies if-- 8 (a) property is held by the university on terms requiring the property 9 to be used for a particular purpose (the "donor's purpose"); and 10 (b) the council is satisfied-- 11 (i) the donor's purpose-- 12 (A) has been wholly or substantially achieved; or 13 (B) no longer exists; or 14 (C) has been adequately provided for in another way; or 15 (D) is uncertain, can not be identified, or is insufficiently 16 defined; or 17 (E) becomes impossible, impractical or inexpedient to carry 18 out; or 19 (ii) the property is inadequate for the donor's purpose. 20 (2) The council may set up and maintain a scheme for the use of the 21 property for another purpose (the "designated purpose"). 22 (3) The scheme must be in writing. 23 (4) The university must without charge give a copy of the scheme to 24 anyone who asks for it. 25

 


 

s 43 23 s 48 Central Queensland University of designated purpose 1 Selection 43.(1) In selecting the designated purpose, the council must prefer a 2 purpose that-- 3 (a) is as nearly similar as practicable to the donor's purpose; and 4 (b) can practically and conveniently be achieved. 5 (2) However, the scheme is not invalid merely because another 6 designated purpose may have been more properly selected under 7 subsection (1). 8 to be held for designated purpose 9 Property 44. Property to which the scheme applies is to be held by the university 10 for the property's designated purpose instead of the donor's purpose. 11 persons to be given notice of scheme 12 Certain 45. If the scheme applies to land, the university must, as soon as 13 practicable after the scheme is set up, give a copy of the scheme to the 14 registrar of titles. 15 of scheme 16 Amendment 46.(1) The council may amend the scheme. 17 (2) Sections 42 to 45 apply to the amendment of a scheme as if a 18 reference to the donor's purpose is a reference to the designated purpose of 19 the scheme that is to be amended. 20 powers under other laws not limited 21 University's 47. This division does not limit the university's powers and rights under 22 any other law about property held on trust by the university. 23 may carry out conditions of gift etc. 24 University 48. The university may agree to and carry out any conditions of a gift, 25 grant, bequest or devise of property to the university. 26

 


 

s 49 24 s 52 Central Queensland University 2--Dealing with State land by council 1 Division of Land Act 1994 2 Application 49.(1) State land is held and may be disposed of under the Land Act 3 1994. 4 (2) However, the university may grant an interest in State land only by 5 way of lease. 6 (3) Also, the lease must not be for more than 25 years. 7 Division 3--Finance 8 is statutory body under the Financial Administration and 9 University Audit Act 1977 10 50. To remove any doubt, it is declared that the university is a statutory 11 body under the Financial Administration and Audit Act 1977. 12 is statutory body under the Statutory Bodies Financial 13 University Arrangements Act 1982 14 51.(1) Under the Statutory Bodies Financial Arrangements Act 1982, the 15 university is a statutory body. 16 (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B4 17 sets out the way in which the university's powers under this Act are 18 affected by the Statutory Bodies Financial Arrangements Act 1982. 19 rust funds 20 T 52. The university may establish or administer trust funds. 21 4 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act and relationship with other Acts)

 


 

s 53 25 s 54 Central Queensland University common fund 1 Investment 53.(1) The university may establish an investment common fund for the 2 collective investment of trust funds or other amounts held by it. 3 (2) The university may add amounts to or withdraw amounts from the 4 investment common fund, without incurring any liability for breach of trust. 5 (3) The university must periodically distribute the income of the 6 investment common fund among each of the funds forming the investment 7 common fund (a "component fund") having regard to the share of each 8 component fund in the investment common fund. 9 (4) Despite subsection (3), if a component fund consists of an amount 10 received for use for a stated purpose and the amount can not or will not be 11 used for the purpose immediately, income attributable to the share of the 12 amount in the investment common fund may be paid into the general funds 13 of the university if the income is not needed immediately for the stated 14 purpose. 15 (5) Also, despite subsection (3), the university may-- 16 (a) add a part of the income of the investment common fund to the 17 fund's capital; or 18 (b) use a part of the income to establish or augment another fund to 19 make provision against capital depreciation or reduction of 20 income. 21 of revenue 22 Application 54.(1) Subject to the terms of a relevant trust, amounts received by the 23 university from any source are to be applied solely to university purposes. 24 (2) To remove any doubt, each of the following purposes is a university 25 purpose-- 26 (a) enabling a student or staff member, or former student or staff 27 member, of the university to undertake study or research at the 28 university or elsewhere; 29 (b) the advancement of learning generally; 30 (c) helping a body affiliated or associated with the university. 31

 


 

s 55 26 s 57 Central Queensland University review 1 Financial 55.(1) The council must, in each year, adopt a budget for the university 2 for the next year. 3 (2) In framing the budget the council need not take account of amounts 4 mentioned in subsection (4). 5 (3) The council must control its spending as nearly as possible within the 6 limits of the approved budget. 7 (4) The council must undertake an annual review of-- 8 (a) amounts available, or expected to be available, to the university by 9 way of bequest, donation or special grant; and 10 (b) the spending of the amounts. 11 financial year 12 University's 56. The university's financial year is a calendar year. 13 ART 6--UNIVERSITY STATUTES 14 P of university statutes 15 Making 57.(1) The council may make university statutes. 16 (2) A university statute may only be made about the following matters-- 17 (a) the admission and enrolment of students; 18 (b) the entitlement to degrees and other awards; 19 (c) the disciplining of students and other persons undertaking courses 20 at the university; 21 (d) the fees to be paid-- 22 (i) for examinations; or 23 (ii) for attendance at lectures and classes of the university; or 24 (iii) for the use of the university's facilities; 25

 


 

s 58 27 s 59 Central Queensland University (e) the membership of the convocation; 1 (f) the conduct of a ballot for the election of elected members; 2 (g) the establishment of colleges; 3 (h) the ownership and exploitation of intellectual property brought 4 into existence by the university's staff or as a result of using the 5 university's facilities; 6 (i) making and notifying university rules; 7 (j) a direction, indication or requirement for a regulatory notice. 8 (3) Without limiting subsection (2)(c), a university statute may-- 9 (a) authorise the council to impose a penalty of not more than 10 10 penalty units for a breach of a university statute about the 11 disciplining of persons mentioned in subsection (2)(c); and 12 (b) provide for its recovery and enforcement. 13 statute's status 14 University 58. A university statute-- 15 (a) is subordinate legislation; and 16 (b) is an exempt instrument under the Legislative Standards Act 17 1992. 18 statutes affecting student association 19 University 59.(1) A university statute affecting the student association's role or 20 powers may be made only if the council-- 21 (a) has given the student association a copy of the proposed statute at 22 least 28 days before making it; and 23 (b) has considered any comments given to it by the student 24 association under subsection (2). 25 (2) The student association may give the council written comments about 26 the proposed university statute within 14 days after receiving the copy. 27 (3) The council may amend the proposed university statute to take 28 account of any of the comments. 29

 


 

s 60 28 s 61 Central Queensland University (4) If the council amends the proposed university statute to take account 1 of any of the comments, it does not have to give the student association a 2 copy of the proposed statute before making it. 3 rules 4 University 60.(1) The council may make university rules under a university statute. 5 (2) If a university rule is inconsistent with this Act or a university statute, 6 the rule is invalid to the extent of the inconsistency. 7 (3) A university rule-- 8 (a) must be notified in the way required by university statute; and 9 (b) takes effect on the day of its notification or, if a later day or time 10 is fixed in the rule, on the day or at the time fixed. 11 (4) On the day a university rule is notified under subsection (3)(a) or as 12 soon as practicable after that day, copies of the rule must be available to be 13 obtained (by purchase or otherwise) at the place, or at each of the places, 14 stated in the notice. 15 (5) Failure to comply with subsection (4) does not affect the validity of 16 the notification under subsection (3)(a). 17 ART 7--MISCELLANEOUS 18 P and taking part in corporations 19 Forming 61.(1) The university may be a member of, form, take part in forming or 20 manage a corporation whose objects include the following-- 21 (a) making available facilities for study, research or education; 22 (b) providing teaching, research, development, consultancy or other 23 services for public or private entities; 24 (c) helping or engaging in the development or promotion of the 25 university's research or the application or use of the results of the 26 research; 27

 


 

s 62 29 s 65 Central Queensland University (d) preparing, publishing, distributing or licensing the use of literary 1 or artistic work, audio or audiovisual material or computer 2 software; 3 (e) exploiting commercially a facility or resource of the university, 4 including, for example, study, research or knowledge, or the 5 practical application of study, research or knowledge, developed 6 by or belonging to the university, whether alone or with someone 7 else; 8 (f) seeking or encouraging gifts to the university or for the 9 university's purposes; 10 (g) another object, consistent with this Act, that the council considers 11 is appropriate in the circumstances. 12 (2) The university, or a corporation managed by the university or of 13 which the university is a member, may enter into an agreement or 14 arrangement with a corporation whose objects include an object mentioned 15 in subsection (1) for achieving the object. 16 of facilities and staff 17 Use 62. The university may enter into a contract or other arrangement with an 18 entity for the use of the university's facilities and the provision of services 19 by the university's staff. 20 of traffic and conduct on university land 21 Control 63. Schedule 1 has effect. 22 power 23 Regulation-making 64. The Governor in Council may make regulations under this Act. 24 Act references 25 Repealed 65. In an Act or document, a reference to the Central Queensland 26 University Act 1989 may, if the context permits, be taken to be a reference 27 to this Act. 28

 


 

s 66 30 s 69 Central Queensland University PART 8--REPEAL AND TRANSITIONAL 1 for pt 8 2 Definitions 66. In this part-- 3 "appointed member" means an appointed member, under the repealed 4 Act, of the council. 5 "commencing day" means the day on which this part commences. 6 "continuing corporation", for a former corporation, means-- 7 (a) for the university established under the repealed Act--the 8 university established under section 4; or 9 (b) for the union--the student association. 10 "ex-officio member" means an ex-officio member, under the repealed Act, 11 of the council. 12 "former corporation" means the university established under the repealed 13 Act or union. 14 "repealed Act" means the Central Queensland University Act 1989. 15 "union" means the union established under the repealed Act. 16 17 Repeal 67. The Central Queensland University Act 1989 is repealed. 18 of university and union 19 Continuation 68.(1) The university established under the repealed Act is continued as 20 the university established under section 4. 21 (2) The union is continued as the student association established under 22 section 34. 23 and liabilities 24 Assets 69. On the commencing day-- 25

 


 

s 70 31 s 73 Central Queensland University (a) the assets and liabilities of a former corporation continue to be the 1 assets and liabilities of the continuing corporation for the former 2 corporation; and 3 (b) any property that, immediately before the commencing day, was 4 held in trust by a former corporation continues to be held by the 5 continuing corporation for the former corporation on the same 6 trusts. 7 8 Contracts 70. Any contracts entered into by or on behalf of a former corporation 9 and all guarantees, undertakings and securities given by or on behalf of or to 10 a former corporation, in force immediately before the commencing day are 11 taken to have been entered into or given by or to the continuing corporation 12 for the former corporation and may be enforced against or by the continuing 13 corporation accordingly. 14 15 Proceedings 71. A proceeding that could have been started or continued by or against 16 a former corporation before the commencing day may be started or 17 continued by or against the continuing corporation for the former 18 corporation. 19 held under repealed Act 20 Offices 72. A person holding office as the chancellor, deputy chancellor or 21 vice-chancellor under the repealed Act immediately before the commencing 22 day holds office until the end of the person's term of office or earlier 23 vacating office. 24 of council 25 Membership 73.(1) The council consists of the ex officio and appointed members 26 holding office immediately before the commencing day. 27 (2) An appointed member holds office as a member of the council until 28 11 June 1998 or earlier vacating office. 29

 


 

s 74 32 s 75 Central Queensland University (3) For subsections (1) and (2), the following provisions of the repealed 1 Act, and any definitions relevant to the provisions, continue to have effect-- 2 section 8 3 part 2, division 2, subdivision 1 (other than sections 19, 22 and 4 25 to 33).5 5 (4) This section has effect despite the repeal of the repealed Act. 6 (5) This section expires on 11 June 1998. 7 rights and entitlements 8 Staff's 74.(1) This section applies to a person who immediately before the 9 commencing day was a staff member of a former corporation. 10 (2) On the commencing day, the person is taken to be employed by the 11 continuing corporation for the former corporation on the same conditions 12 on which the person was employed by the former corporation. 13 (3) In addition, the person-- 14 (a) keeps all rights accrued or accruing to the person as a staff 15 member of the former corporation; and 16 (b) is entitled to receive long service, recreation and sick leave and 17 any similar entitlements accrued or accruing to the person as a 18 staff member of the former corporation. 19 (4) Also, if the person is a member of the superannuation scheme under 20 the Superannuation (State Public Sector) Act 1990-- 21 (a) the person keeps all entitlements accrued or accruing to the person 22 as a member of the scheme; and 23 (b) the person's membership of the scheme is not affected. 24 statutes and rules 25 University 75.(1) An existing instrument (to the extent that it is consistent with this 26 5 The provisions of the repealed Act mentioned in the subsection deal with the constitution of, and disqualification from office and vacancies of members of, the council.

 


 

s 76 33 s 79 Central Queensland University Act) continues in force under this Act. 1 (2) However, the instrument expires 1 year after the commencing day, 2 unless sooner repealed. 3 (3) In this section-- 4 "existing instrument" means a university statute or rule made under the 5 repealed Act and in force immediately before the commencing day. 6 7 Convocation 76. The convocation established under the repealed Act and in existence 8 immediately before the commencing day is taken to be the convocation 9 established under this Act. 10 association's constitution 11 Student 77. The union's constitution in force immediately before the 12 commencing day continues in force as the student association's constitution 13 under this Act. 14 to university or union 15 References 78. A reference in an Act or document in existence immediately before 16 the commencing day to a former corporation is a reference to the continuing 17 corporation for the former corporation. 18 19 Expiry 79. This part (other than section 73) expires 1 year after it commences. 20

 


 

34 Central Queensland University CHEDULE 1 1 S CONTROL OF TRAFFIC AND CONDUCT ON 2 UNIVERSITY LAND 3 section 63 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

 


 

35 Central Queensland University SCHEDULE 1 (continued) cards 1 Identity 4.(1) The vice-chancellor must issue 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

 


 

36 Central Queensland University 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 the 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

 


 

37 Central Queensland University SCHEDULE 1 (continued) mentioned in subsection (1) is evidence that the notice was erected or 1 displayed by the university. 2 (6) A regulatory notice erected or displayed under this section must be 3 easily visible to passers by. 4 notices 5 Information 8.(1) This section applies if a regulatory notice does not state that a 6 contravention of a requirement of the notice is an offence against this Act 7 and the penalty for the offence. 8 (2) The university must erect or display at or near each vehicular entrance 9 to the university's land to which the regulatory notice relates, and other 10 places the vice-chancellor considers appropriate, information notices stating 11 that a contravention of a requirement of a regulatory notice is an offence and 12 the penalty for the offence. 13 (3) An information notice may contain any other information the 14 vice-chancellor considers appropriate. 15 (4) An information notice erected or displayed under this section must be 16 easily visible to passers by. 17 (5) In this section-- 18 "regulatory notice" does not include an official traffic sign. 19 and detention of illegally parked or abandoned vehicles 20 Removal 9.(1) An authorised person may seize, remove and hold, a vehicle that 21 the authorised person believes on reasonable grounds-- 22 (a) is parked in contravention of a regulatory notice; or 23 (b) is abandoned. 24 (2) The vehicle must be held at a safe place. 25 (3) An authorised person may exercise the powers given under 26 subsection (1)(a) only if-- 27

 


 

38 Central Queensland University SCHEDULE 1 (continued) (a) the authorised person believes on reasonable grounds that it is 1 necessary or desirable to seize and remove the vehicle having 2 regard to the safety and convenience of traffic on the university's 3 land; and 4 (b) the authorised person-- 5 (i) can not immediately locate the driver of the vehicle; or 6 (ii) believes on reasonable grounds that the driver of the vehicle 7 is not willing or able to remove the vehicle immediately. 8 (4) As soon as is practicable and no later than 14 days after the vehicle is 9 seized, the university must give to the owner of the vehicle a written notice 10 stating how the owner may recover the vehicle. 11 (5) If the owner can not be ascertained or located within 14 days after the 12 vehicle is seized, the notice may be given by publishing it in a newspaper 13 circulating generally in the State. 14 (6) If the vehicle was parked in contravention of a regulatory notice, the 15 owner of the vehicle must pay to the university the amount demanded by it 16 for the cost of seizing, removing, holding and returning the vehicle. 17 (7) In this section-- 18 "vehicle" includes a part of the vehicle and anything attached to, or 19 contained in, the vehicle. 20 of unclaimed vehicles 21 Disposal 10.(1) This section applies if the owner of a seized vehicle does not 22 recover the vehicle within 2 months after notice is given to the owner under 23 section 9(4) or (5). 24 (2) After publishing a notice in a newspaper circulating generally in the 25 State, the university may sell the vehicle by public auction. 26 (3) The notice must-- 27 (a) identify the vehicle; and 28 (b) state that the vehicle is to be sold by auction; and 29

 


 

39 Central Queensland University SCHEDULE 1 (continued) (c) state how the owner may recover the vehicle before the auction; 1 and 2 (d) state the time and place of the auction. 3 (4) Compensation is not recoverable against the university for the sale of 4 a vehicle under this section. 5 (5) In this section-- 6 "vehicle" includes a part of the vehicle and anything attached to, or 7 contained in, the vehicle. 8 of proceeds of sale 9 Application 11.(1) The proceeds of the sale must be applied in the following order-- 10 (a) in payment of the reasonable expenses incurred in the sale; 11 (b) in payment of the reasonable cost of seizing, removing and 12 holding the vehicle; 13 (c) in payment of any balance to the owner. 14 (2) Compensation is not recoverable against the university for a payment 15 under this section. 16 ART 3--CONDUCT ON UNIVERSITY LAND 17 P causing a public nuisance 18 Conduct 12. A person must not be disorderly or create a disturbance on the 19 university's land. 20 Maximum penalty--20 penalty units. 21

 


 

40 Central Queensland University SCHEDULE 1 (continued) to deal with persons causing a public nuisance 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 land; or 15 (f) reasonably believes that a person is on the land without lawful 16 justification or excuse. 17 (2) The authorised person may direct the person to leave the university's 18 land or a part of the university's land. 19 (3) A person must comply with a direction given to the person under 20 subsection (2), unless the person has a reasonable excuse for not complying 21 with it. 22 Maximum penalty--10 penalty units. 23 24

 


 

41 Central Queensland University 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 for a power, includes having the 14 qualifications, experience or standing appropriate to exercise the 15 power. 16 "authorised person" means a person holding office as an authorised 17 person because of an appointment under schedule 1, section 1. 18 "chancellor" means the chancellor of the university. 19 "convocation" means the convocation of the university. 20 "college" means a college established under section 39. 21 "council" means the council of the university. 22 "deputy chancellor" means the deputy chancellor of the university. 23 "designated purpose" see section 42. 24 "donor's purpose" see section 42. 25 "elected member" means a member of the council elected or appointed 26 under section 15. 27

 


 

42 Central Queensland University SCHEDULE 2 (continued) "general staff", of the university, means staff of the university, other than 1 academic staff. 2 "higher education award" has the meaning given by the Higher 3 Education (General Provisions) Act 1993. 4 "land", of the university, means land and buildings owned by or under the 5 control of the university. 6 "member" means a member of the council. 7 "official member" means a person who is an official member of the 8 council under section 13. 9 "official traffic sign" has the meaning given by the Traffic Act 1949. 10 "owner", of a vehicle, includes the person registered as the owner of the 11 vehicle under-- 12 (a) the Transport Infrastructure (Roads) Act 1991; or 13 (b) the corresponding law of another State or a Territory. 14 "regulatory notice" see schedule 1, section 7. 15 "requirement", of a regulatory notice, includes-- 16 (a) a direction on a regulatory notice; and 17 (b) a direction, indication or requirement, declared by university 18 statute as being a requirement of the notice. 19 "State land" means land-- 20 (a) granted in trust, or reserved and set apart for a purpose, under the 21 Land Act 1994; and 22 (b) vested in or placed under the control of the university. 23 "student" means a student enrolled in the university. 24 "student association" means the Central Queensland University Student 25 Association. 26 "university" means the Central Queensland University. 27 "university rule" means a university rule made under section 60. 28

 


 

43 Central Queensland University SCHEDULE 2 (continued) "university statute" means a university statute made under section 57. 1 "vehicle" has the meaning given by the Traffic Act 1949. 2 "vice-chancellor" means the vice-chancellor of the university. 3 4 State of Queensland 1997

 


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