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This is a Bill, not an Act. For current law, see the Acts databases.


GRIFFITH UNIVERSITY BILL 1997

      Queensland




GRIFFITH UNIVERSITY
      BILL 1997

 


 

 

Queensland GRIFFITH 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 18 Appointed member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

 


 

2 Griffith University 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--University student council 34 Establishment of university student council . . . . . . . . . . . . . . . . . . . . . . . . . 19 35 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 36 Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 37 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 38 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3--Colleges 39 Establishment of colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 40 College student body for a college . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 41 Composition of college student body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 42 Role of college student body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 43 General powers of college student body . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 44 Constitution of college student body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

 


 

3 Griffith University PART 5--PROPERTY AND FINANCE Division 1--Property held on trust or conditions 45 Definition for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 46 Amendment of terms of trusts and gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 47 Selection of designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 48 Property to be held for designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . 24 49 Certain persons to be given notice of scheme . . . . . . . . . . . . . . . . . . . . . . . . 24 50 Amendment of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 51 University's powers under other laws not limited . . . . . . . . . . . . . . . . . . . . . 24 52 University may carry out conditions of gift etc. . . . . . . . . . . . . . . . . . . . . . . 24 Division 2--Dealing with State land by council 53 Application of Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 3--Finance 54 University is statutory body under the Financial Administration and Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 55 University is statutory body under the Statutory Bodies Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 56 Trust funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 57 Investment common fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 58 Application of revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 59 Financial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 60 University's financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 6--UNIVERSITY STATUTES 61 Making of university statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 62 University statute's status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 63 University statutes affecting university student council or college student body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 64 University rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 PART 7--MISCELLANEOUS 65 Forming and taking part in corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 66 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 67 Control of traffic and conduct on university land . . . . . . . . . . . . . . . . . . . . . 30 68 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

 


 

4 Griffith University 69 Repealed Act references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 8--REPEAL AND TRANSITIONAL 70 Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 71 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 72 Continuation of university and university student council . . . . . . . . . . . . . . 32 73 Establishment of Gold Coast college and Gold Coast SRG . . . . . . . . . . . . . 32 74 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 75 Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 76 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 77 Offices held under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 78 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 79 Staff's rights and entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 80 University statutes and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 81 Convocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 82 Gold Coast SRG's constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 83 University student council's constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 84 References to university, university student council or Gold Coast SRC . . 35 85 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 36 CONTROL OF TRAFFIC AND CONDUCT ON UNIVERSITY LAND PART 1--AUTHORISED PERSONS 1 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 2 Limitation of authorised person's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 3 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 4 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 5 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 PART 2--TRAFFIC CONTROL 6 Persons authorised to control traffic on university's land . . . . . . . . . . . . . . . 38 7 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 8 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 9 Removal and detention of illegally parked or abandoned vehicles . . . . . . . 39 10 Disposal of unclaimed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

 


 

5 Griffith University 11 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 PART 3--CONDUCT ON UNIVERSITY LAND 12 Conduct causing a public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 13 Power to deal with persons causing a public nuisance . . . . . . . . . . . . . . . . . 42 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 43 DICTIONARY

 


 

 

1997 A BILL FOR An Act about the Griffith University

 


 

s1 8 s3 Griffith University The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Griffith 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 46.' tells the reader there is a definition of designated purpose in the section.

 


 

s4 9 s5 Griffith 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 Griffith 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 Griffith 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 Griffith 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 Griffith University elected members. 1 (2) The council may also include additional members. 2 members 3 Official 13.(1) There are 3 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. 9 members 10 Appointed 14.(1) There are 6 appointed members. 11 (2) The Governor in Council is to appoint the appointed members. 12 members 13 Elected 15.(1) There are 14 elected members. 14 (2) The elected members are-- 15 (a) 4 members of the academic staff; and 16 (b) 2 members of the general staff; and 17 (c) 3 students (1 of whom must be a part-time undergraduate 18 student); and 19 (d) 3 persons (other than persons eligible for membership under 20 paragraph (a), (b), (c) or (e)); and 21 (e) 2 members of the Gold Coast college's advisory council. 22 (3) Each elected member mentioned in subsection (2)(a) to (d) is to be 23 elected by a ballot at which-- 24 (a) for an elected member mentioned in subsection (2)(a)--all the 25 members of the academic staff may vote; or 26

 


 

s 16 13 s 18 Griffith University (b) for an elected member mentioned in subsection (2)(b)--all the 1 members of the general staff may vote; or 2 (c) for an elected member mentioned in subsection (2)(c)--all the 3 students may vote; or 4 (d) for an elected member mentioned in subsection (2)(d)--all the 5 members of the convocation may vote. 6 (4) The elected members mentioned in subsection (2)(e) are to be 7 appointed by the Gold Coast college's advisory council. 8 (5) However, staff working, and students studying, at the Gold Coast 9 college may not-- 10 (a) vote in an election to elect an elected member; or 11 (b) be elected as an elected member mentioned in subsection (2)(a) 12 to (d). 13 members 14 Additional 16.(1) There may be 2 additional members. 15 (2) The council may appoint the additional members. 16 (3) An additional member must not be-- 17 (a) a member of the academic or general staff; or 18 (b) a student. 19 council is taken to be properly constituted 20 When 17. The council is taken to be properly constituted when it has 15 or 21 more members, whether they be additional, appointed, elected or official 22 members. 23 member's term of office 24 Appointed 18. An appointed member is to be appointed for a term of not more than 25 3 years. 26

 


 

s 19 14 s 22 Griffith University member's term of office 1 Elected 19.(1) An elected member mentioned in section 15(2)(a) to (c) holds 2 office for 2 years. 3 (2) An elected member mentioned in section 15(2)(d) or (e) holds office 4 for 3 years. 5 (3) An elected member's term of office starts-- 6 (a) if the member is re-elected or reappointed--the day after the day 7 when the member's previous term of office ends; or 8 (b) if paragraph (a) does not apply--the day after the day when the 9 term of office of the member's predecessor ends. 10 member's term of office 11 Additional 20. The appointment of an additional member is to be for a term of not 12 more than 3 years decided by the council. 13 to elect or appoint elected members 14 Failure 21.(1) If an entity permitted to elect or appoint elected members does not 15 elect or appoint any or enough persons as elected members by a day fixed 16 by the council by written notice given to the entity, the Minister may appoint 17 to the council as many members of the entity as necessary to comply with 18 section 15.2 19 (2) A person appointed under subsection (1) is taken to have been elected 20 or appointed by the entity under section 15. 21 (3) This section applies to the periodic election or appointment of 22 members and an election or appointment required because of a casual 23 vacancy. 24 vacancies 25 Casual 22. A person appointed or elected to fill a vacancy in the office of a 26 2 Section 15 (Elected members)

 


 

s 23 15 s 24 Griffith University member is appointed or elected for the balance of the term of office of the 1 person's predecessor. 2 for membership of council 3 Ineligibility 23.(1) A person is not eligible to become an elected, appointed or 4 additional member if-- 5 (a) the person is bankrupt or is taking advantage of the laws in force 6 about bankruptcy; or 7 (b) the person has been found guilty of an indictable offence. 8 (2) Subsection (1) has effect subject to sections 25 and 26.3 9 of office 10 Vacation 24.(1) The office of an elected, appointed or additional member becomes 11 vacant if-- 12 (a) the member dies; or 13 (b) for an elected or additional member--the member ceases to be an 14 eligible person for the entity that elected or appointed the person; 15 or 16 (c) the member is absent without the council's leave and without 17 reasonable excuse from every meeting of the council in a period 18 of 6 months; or 19 (d) the member becomes an official member; or 20 (e) the member resigns from office by signed notice-- 21 (i) if the member is an appointed member--given to the 22 Minister; or 23 (ii) if the member is an elected or additional member--given to 24 the vice-chancellor; or 25 (f) the person becomes bankrupt or takes advantage of the laws in 26 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 Griffith University force about bankruptcy; or 1 (g) the person is convicted of an indictable offence. 2 (2) Subsection (1) has effect subject to sections 25 and 26. 3 (3) A resignation takes effect on the day the notice of resignation is given 4 to the Minister or the vice-chancellor or, if a later day of effect is stated in 5 the notice, the later day. 6 (4) In this section-- 7 "eligible person", for an entity, means a person whom the entity may elect 8 or appoint as a member. 9 where appointed member convicted of indictable offence 10 Discretion 25.(1) If the Minister considers it would be reasonable, having regard to 11 the circumstances of the indictable offence of which a person has been 12 convicted, the Minister may-- 13 (a) if the person was an appointed member when convicted--give 14 written notice to the chancellor and the person that the person is 15 restored as an appointed member, and may be subsequently 16 reappointed, despite the conviction; or 17 (b) otherwise--give written approval for the person to become an 18 appointed member despite the conviction. 19 (2) On the day the chancellor receives a notice under subsection (1)(a)-- 20 (a) the person is restored as an appointed member; and 21 (b) if another person has been appointed to fill the vacancy--the other 22 person's appointment ends. 23 (3) If a person is restored as an appointed member under subsection (2), 24 the person's term of office as a member ends when it would have ended if 25 the person had not been convicted of the offence. 26 where elected or additional member convicted of indictable 27 Discretion offence 28 26.(1) If the council considers it would be reasonable, having regard to 29 the circumstances of the indictable offence of which a person has been 30

 


 

s 27 17 s 29 Griffith University convicted, the council may-- 1 (a) if the person was an elected or additional member when 2 convicted--give written notice to the person that the person is 3 restored as an elected or additional member, and may be 4 subsequently re-elected or reappointed, despite the conviction; or 5 (b) otherwise--give written approval for the person to become an 6 elected or additional member despite the conviction. 7 (2) On the day the person receives a notice under subsection (1)(a)-- 8 (a) the person is restored as an elected or additional member; and 9 (b) if another person has been elected or appointed to fill the 10 vacancy--the other person's membership of the council ends. 11 (3) If a person is restored as an elected or additional member under 12 subsection (2), the person's term of office as a member ends when it would 13 have ended if the person had not been convicted of the offence. 14 Division 4--Meetings of the council 15 is to preside at meetings 16 Who 27.(1) The chancellor must preside at meetings of the council. 17 (2) However, if the chancellor and deputy chancellor are both absent 18 from a meeting of the council or the offices are vacant, the members present 19 must elect a member to preside at the meeting. 20 uorum 21 Q 28. A quorum exists at a meeting of the council if at least half its 22 members are present. 23 of meetings 24 Conduct 29. The council may otherwise regulate its proceedings as it considers 25 appropriate. 26

 


 

s 30 18 s 32 Griffith 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 Griffith 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) the quorum of a meeting of the convocation; and 14 (d) the powers and functions of the convocation. 15 2--University student council 16 Division of university student council 17 Establishment 34.(1) The Griffith University Student Representative Council is 18 established. 19 (2) The university student council-- 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 Griffith University 1 Composition 35. The persons who are eligible to be members of the university student 2 council are-- 3 (a) students, other than students who are eligible for membership of 4 a college student body;4 and 5 (b) persons eligible for membership under the university student 6 council's constitution. 7 8 Role 36.(1) The university student council has the role and powers stated in its 9 constitution. 10 (2) The university student council also has the role and powers decided 11 by the council of the university. 12 (3) However, the university student council is not the employee or agent 13 of the council of the university. 14 powers 15 General 37. Without limiting section 36, the university student council has all the 16 powers of an individual, including, for example, the power to acquire, hold, 17 dispose of, and deal with, property. 18 19 Constitution 38.(1) The university student council must have a written constitution. 20 (2) The university student council's constitution, and each amendment of 21 the constitution, must be submitted to the council of the university for its 22 approval. 23 (3) The constitution or amendment has no effect until approved by the 24 council of the university. 25 4 See section 41 (Composition of college student body).

 


 

s 39 21 s 41 Griffith 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 student body for a college 13 College 40.(1) The council may, by university statute, establish a college student 14 body for a college. 15 (2) A college student body-- 16 (a) is a body corporate with perpetual succession; and 17 (b) has a common seal; and 18 (c) may sue and be sued in its corporate name. 19 of college student body 20 Composition 41. The persons who are eligible to be members of a college student 21 body are-- 22 (a) students studying at the college concerned; and 23 (b) persons eligible for membership under the college student body's 24 constitution. 25

 


 

s 42 22 s 45 Griffith University of college student body 1 Role 42.(1) A college student body has the role and powers stated in its 2 constitution. 3 (2) A college student body also has the role and powers decided by the 4 council. 5 (3) However, a college student body is not the employee or agent of the 6 council. 7 powers of college student body 8 General 43. Without limiting section 42, a college student body has all the powers 9 of an individual, including, for example, the power to acquire, hold, dispose 10 of, and deal with, property. 11 of college student body 12 Constitution 44.(1) A college student body must have a written constitution. 13 (2) A college student body's constitution, and each amendment of the 14 constitution, must be submitted to the council for its approval. 15 (3) The constitution or amendment has no effect until approved by the 16 council. 17 ART 5--PROPERTY AND FINANCE 18 P Division 1--Property held on trust or conditions 19 for div 1 20 Definition 45. In this division-- 21 "property" includes income from property and a part or residue of the 22 property. 23

 


 

s 46 23 s 47 Griffith University of terms of trusts and gifts 1 Amendment 46.(1) This section applies if-- 2 (a) property is held by the university on terms requiring the property 3 to be used for a particular purpose (the "donor's purpose"); and 4 (b) the council is satisfied-- 5 (i) the donor's purpose-- 6 (A) has been wholly or substantially achieved; or 7 (B) no longer exists; or 8 (C) has been adequately provided for in another way; or 9 (D) is uncertain, can not be identified, or is insufficiently 10 defined; or 11 (E) becomes impossible, impractical or inexpedient to carry 12 out; or 13 (ii) the property is inadequate for the donor's purpose. 14 (2) The council may set up and maintain a scheme for the use of the 15 property for another purpose (the "designated purpose"). 16 (3) The scheme must be in writing. 17 (4) The university must without charge give a copy of the scheme to 18 anyone who asks for it. 19 of designated purpose 20 Selection 47.(1) In selecting the designated purpose, the council must prefer a 21 purpose that-- 22 (a) is as nearly similar as practicable to the donor's purpose; and 23 (b) can practically and conveniently be achieved. 24 (2) However, the scheme is not invalid merely because another 25 designated purpose may have been more properly selected under 26 subsection (1). 27

 


 

s 48 24 s 53 Griffith University to be held for designated purpose 1 Property 48. Property to which the scheme applies is to be held by the university 2 for the property's designated purpose instead of the donor's purpose. 3 persons to be given notice of scheme 4 Certain 49. If the scheme applies to land, the university must, as soon as 5 practicable after the scheme is set up, give a copy of the scheme to the 6 registrar of titles. 7 of scheme 8 Amendment 50.(1) The council may amend the scheme. 9 (2) Sections 46 to 49 apply to the amendment of a scheme as if a 10 reference to the donor's purpose is a reference to the designated purpose of 11 the scheme that is to be amended. 12 powers under other laws not limited 13 University's 51. This division does not limit the university's powers and rights under 14 any other law about property held on trust by the university. 15 may carry out conditions of gift etc. 16 University 52. The university may agree to and carry out any conditions of a gift, 17 grant, bequest or devise of property to the university. 18 2--Dealing with State land by council 19 Division of Land Act 1994 20 Application 53.(1) State land is held and may be disposed of under the Land 21 Act 1994. 22 (2) However, the university may grant an interest in State land only by 23 way of lease. 24 (3) Also, the lease must not be for more than 25 years. 25

 


 

s 54 25 s 57 Griffith University Division 3--Finance 1 is statutory body under the Financial Administration and 2 University Audit Act 1977 3 54. To remove any doubt, it is declared that the university is a statutory 4 body under the Financial Administration and Audit Act 1977. 5 is statutory body under the Statutory Bodies Financial 6 University Arrangements Act 1982 7 55.(1) Under the Statutory Bodies Financial Arrangements Act 1982, the 8 university is a statutory body. 9 (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B5 10 sets out the way in which the university's powers under this Act are 11 affected by the Statutory Bodies Financial Arrangements Act 1982. 12 rust funds 13 T 56. The university may establish or administer trust funds. 14 common fund 15 Investment 57.(1) The university may establish an investment common fund for the 16 collective investment of trust funds or other amounts held by it. 17 (2) The university may add amounts to or withdraw amounts from the 18 investment common fund, without incurring any liability for breach of trust. 19 (3) The university must periodically distribute the income of the 20 investment common fund among each of the funds forming the investment 21 common fund (a "component fund") having regard to the share of each 22 component fund in the investment common fund. 23 (4) Despite subsection (3), if a component fund consists of an amount 24 received for use for a stated purpose and the amount can not or will not be 25 5 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act and relationship with other Acts)

 


 

s 58 26 s 59 Griffith University used for the purpose immediately, income attributable to the share of the 1 amount in the investment common fund may be paid into the general funds 2 of the university if the income is not needed immediately for the stated 3 purpose. 4 (5) Also, despite subsection (3), the university may-- 5 (a) add a part of the income of the investment common fund to the 6 fund's capital; or 7 (b) use a part of the income to establish or augment another fund to 8 make provision against capital depreciation or reduction of 9 income. 10 of revenue 11 Application 58.(1) Subject to the terms of a relevant trust, amounts received by the 12 university from any source are to be applied solely to university purposes. 13 (2) To remove any doubt, each of the following purposes is a university 14 purpose-- 15 (a) enabling a student or staff member, or former student or staff 16 member, of the university to undertake study or research at the 17 university or elsewhere; 18 (b) the advancement of learning generally; 19 (c) helping a body affiliated or associated with the university. 20 review 21 Financial 59.(1) The council must, in each year, adopt a budget for the university 22 for the next year. 23 (2) In framing the budget the council need not take account of amounts 24 mentioned in subsection (4). 25 (3) The council must control its spending as nearly as possible within the 26 limits of the approved budget. 27 (4) The council must undertake an annual review of-- 28 (a) amounts available, or expected to be available, to the university by 29

 


 

s 60 27 s 61 Griffith University way of bequest, donation or special grant; and 1 (b) the spending of the amounts. 2 financial year 3 University's 60. The university's financial year is a calendar year. 4 ART 6--UNIVERSITY STATUTES 5 P of university statutes 6 Making 61.(1) The council may make university statutes. 7 (2) A university statute may only be made about the following matters-- 8 (a) the admission and enrolment of students; 9 (b) the entitlement to degrees and other awards; 10 (c) the disciplining of students and other persons undertaking courses 11 at the university; 12 (d) the fees to be paid-- 13 (i) for examinations; or 14 (ii) for attendance at lectures and classes of the university; or 15 (iii) for the use of the university's facilities; 16 (e) the membership of the convocation; 17 (f) the conduct of a ballot for the election of elected members; 18 (g) the establishment of colleges; 19 (h) the ownership and exploitation of intellectual property brought 20 into existence by the university's staff or as a result of using the 21 university's facilities; 22 (i) making and notifying university rules; 23 (j) a direction, indication or requirement for a regulatory notice. 24

 


 

s 62 28 s 63 Griffith University (3) Without limiting subsection (2)(c), a university statute may-- 1 (a) authorise the council to impose a penalty of not more than 2 10 penalty units for a breach of a university statute about the 3 disciplining of persons mentioned in subsection (2)(c); and 4 (b) provide for its recovery and enforcement. 5 statute's status 6 University 62. A university statute-- 7 (a) is subordinate legislation; and 8 (b) is an exempt instrument under the Legislative Standards 9 Act 1992. 10 statutes affecting university student council or college 11 University student body 12 63.(1) A university statute affecting the university student council's, or a 13 college student body's, role or powers may be made only if the council-- 14 (a) has given the university student council or college student body a 15 copy of the proposed statute at least 28 days before making it; and 16 (b) has considered any comments given to it by the university student 17 council or college student body under subsection (2). 18 (2) The university student council or college student body may give the 19 council written comments about the proposed university statute within 20 14 days after receiving the copy. 21 (3) The council may amend the proposed university statute to take 22 account of any of the comments. 23 (4) If the council amends the proposed university statute to take account 24 of any of the comments, it does not have to give the university student 25 council or college student body a copy of the proposed statute before 26 making it. 27

 


 

s 64 29 s 65 Griffith University rules 1 University 64.(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 65.(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 66 30 s 69 Griffith University 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 66. 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 67. Schedule 1 has effect. 18 power 19 Regulation-making 68. The Governor in Council may make regulations under this Act. 20 Act references 21 Repealed 69. In an Act or document, a reference to the Griffith University Act 1971 22 may, if the context permits, be taken to be a reference to this Act. 23

 


 

s 70 31 s 70 Griffith University PART 8--REPEAL AND TRANSITIONAL 1 for pt 8 2 Definitions 70. In this part-- 3 "commencing day" means the day on which this part commences. 4 "continuing corporation", for a former corporation, means-- 5 (a) for the university established under the repealed Act--the 6 university established under section 4; or 7 (b) for the university student council established under the repealed 8 Act--the university student council established under section 34; 9 or 10 (c) for Gold Coast SRC--Gold Coast SRG. 11 "continuing member" means a person who, immediately before the 12 commencing day, was an appointed member, under the repealed Act, 13 of the council. 14 "existing Gold Coast college" means the Gold Coast University College 15 of Griffith University, established by order in council published in the 16 gazette on 23 June 1990 at page 1088. 17 "former corporation" means-- 18 (a) the university or university student council established under the 19 repealed Act; or 20 (b) Gold Coast SRC. 21 "Gold Coast SRC" means the Gold Coast University College of Griffith 22 University Student Representative Council, established, for the existing 23 Gold Coast college, by the Griffith University (Gold Coast University 24 College Student Representative Council) Order 1992. 25 "Gold Coast SRG" means the Gold Coast University College of Griffith 26 University Student Representative Guild, established under section 73. 27 "repealed Act" means the Griffith University Act 1971. 28

 


 

s 71 32 s 75 Griffith University 1 Repeal 71. The Griffith University Act 1971 is repealed. 2 of university and university student council 3 Continuation 72.(1) The university established under the repealed Act is continued as 4 the university established under section 4. 5 (2) The university student council established under the repealed Act is 6 continued as the university student council established under section 34. 7 of Gold Coast college and Gold Coast SRG 8 Establishment 73. The council must establish, on the commencing day, the following 9 entities-- 10 (a) Gold Coast University College of Griffith University; 11 (b) Gold Coast University College of Griffith University Student 12 Representative Guild.6 13 and liabilities 14 Assets 74. On the commencing day-- 15 (a) the assets and liabilities of a former corporation continue to be the 16 assets and liabilities of the continuing corporation for the former 17 corporation; and 18 (b) any property that, immediately before the commencing day, was 19 held in trust by a former corporation continues to be held by the 20 continuing corporation for the former corporation on the same 21 trusts. 22 23 Contracts 75. Any contracts entered into by or on behalf of a former corporation 24 and all guarantees, undertakings and securities given by or on behalf of or to 25 6 See section 39 (Establishment of colleges) and section 40 (College student body for a college).

 


 

s 76 33 s 78 Griffith University a former corporation, in force immediately before the commencing day are 1 taken to have been entered into or given by or to the continuing corporation 2 for the former corporation and may be enforced against or by the continuing 3 corporation accordingly. 4 5 Proceedings 76. A proceeding that could have been started or continued by or against 6 a former corporation before the commencing day may be started or 7 continued by or against the continuing corporation for the former 8 corporation. 9 held under repealed Act 10 Offices 77. A person holding office as the chancellor, deputy chancellor or 11 vice-chancellor under the repealed Act immediately before the commencing 12 day holds office until the end of the person's term of office or earlier 13 vacating office. 14 of council 15 Membership 78.(1) A continuing member holds office as a member of the council 16 until the end of the member's term of office or earlier vacating office. 17 (2) If the continuing member-- 18 (a) was elected under section 8(1)(d), (e) or (f) of the repealed 19 Act--the member is taken to be an elected member; or 20 (b) was appointed under section 8(1)(fa) of the repealed Act--the 21 member is taken to be an elected member; or 22 (c) was appointed under section 8(1)(g) of the repealed Act--the 23 member is taken to be an appointed member; or 24 (d) was appointed or elected under section 8(1)(h) of the repealed 25 Act--the member is taken to be an elected member; or 26 (e) was appointed under section 8(3) of the repealed Act--the 27 member is taken to be an additional member. 28

 


 

s 79 34 s 81 Griffith University rights and entitlements 1 Staff's 79.(1) This section applies to a person who immediately before the 2 commencing day was a staff member of a former corporation. 3 (2) On the commencing day, the person is taken to be employed by the 4 continuing corporation for the former corporation on the same conditions 5 on which the person was employed by the former corporation. 6 (3) In addition, the person-- 7 (a) keeps all rights accrued or accruing to the person as a staff 8 member of the former corporation; and 9 (b) is entitled to receive long service, recreation and sick leave and 10 any similar entitlements accrued or accruing to the person as a 11 staff member of the former corporation. 12 (4) Also, if the person is a member of the superannuation scheme under 13 the Superannuation (State Public Sector) Act 1990-- 14 (a) the person keeps all entitlements accrued or accruing to the person 15 as a member of the scheme; and 16 (b) the person's membership of the scheme is not affected. 17 statutes and rules 18 University 80.(1) An existing instrument (to the extent that it is consistent with this 19 Act) continues in force under this Act. 20 (2) However, the instrument expires 1 year after the commencing day, 21 unless sooner repealed. 22 (3) In this section-- 23 "existing instrument" means a university statute or rule made under the 24 repealed Act and in force immediately before the commencing day. 25 26 Convocation 81. The convocation established under the repealed Act and in existence 27 immediately before the commencing day is taken to be the convocation 28 established under this Act. 29

 


 

s 82 35 s 85 Griffith University old Coast SRG's constitution 1 G 82. The Gold Coast SRC's constitution in force immediately before the 2 commencing day continues in force as the Gold Coast SRG's constitution 3 under this Act. 4 student council's constitution 5 University 83. The constitution of the university student council established under 6 the repealed Act in force immediately before the commencing day continues 7 in force as the university student council's constitution under this Act. 8 to university, university student council or Gold Coast 9 References SRC 10 84. A reference in an Act or document in existence immediately before 11 the commencing day to a former corporation is a reference to the continuing 12 corporation for the former corporation. 13 14 Expiry 85. This part expires 1 year after it commences. 15 16

 


 

36 Griffith University CHEDULE 1 1 ¡S CONTROL OF TRAFFIC AND CONDUCT ON 2 UNIVERSITY LAND 3 section 67 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

 


 

37 Griffith 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

 


 

38 Griffith 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

 


 

39 Griffith 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

 


 

40 Griffith 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

 


 

41 Griffith 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

 


 

42 Griffith 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

 


 

43 Griffith University CHEDULE 2 1 ¡S ICTIONARY 2 D section 3 3 "academic staff", of the university, means-- 4 (a) the university's teaching and research staff, other than research 5 assistants; and 6 (b) staff of the university whose instrument of appointment by the 7 council states they are members of the academic staff. 8 "additional member" means a member of the council appointed under 9 section 16. 10 "appointed member" means a member of the council appointed under 11 section 14. 12 "appropriately qualified", for a delegate for a power, includes having the 13 qualifications, experience or standing appropriate to exercise the 14 power. 15 "authorised person" means a person holding office as an authorised 16 person because of an appointment under schedule 1, section 1. 17 "chancellor" means the chancellor of the university. 18 "college" means a college established under section 39. 19 "college student body", for a college, means a college student body 20 established under section 40. 21 "convocation" means the convocation of the university. 22 "council" means the council of the university. 23 "deputy chancellor" means the deputy chancellor of the university. 24 "designated purpose" see section 46. 25 "donor's purpose" see section 46. 26 "elected member" means a member of the council elected or appointed 27

 


 

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

 


 

45 Griffith University SCHEDULE 2 (continued) "university rule" means a university rule made under section 64. 1 "university statute" means a university statute made under section 61. 2 "university student council" means the Griffith University Student 3 Representative Council. 4 "vehicle" has the meaning given by the Traffic Act 1949. 5 "vice-chancellor" means the vice-chancellor of the university. 6 7 © State of Queensland 1997

 


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