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Queensland
UNIVERSITY OF SOUTHERN
QUEENSLAND BILL 1997
Queensland
UNIVERSITY OF SOUTHERN
QUEENSLAND BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--THE UNIVERSITY AND ITS COUNCIL
Division 1--University establishment and general functions and
powers
4 Establishment of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Functions of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 General powers of university . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Council establishment and general functions and
powers
7 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Powers of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Council to promote university's interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3--Council membership
12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Elected members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 When council is taken to be properly constituted . . . . . . . . . . . . . . . . . . . . . 11
2
University of Southern Queensland
18 Appointed member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 Elected member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20 Additional member's term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Failure to elect or appoint elected members . . . . . . . . . . . . . . . . . . . . . . . . . 12
22 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23 Ineligibility for membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
24 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
25 Discretion where appointed member convicted of indictable offence . . . . 14
26 Discretion where elected or additional member convicted of
indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 4--Meetings of the council
27 Who is to preside at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
28 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
29 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 3--CERTAIN OFFICERS OF THE UNIVERSITY
30 Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
31 Deputy chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
32 Vice-chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 4--BODIES CONNECTED WITH THE UNIVERSITY
Division 1--Student guild
33 Establishment of student guild . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
34 Composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
35 Role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
36 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
37 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Colleges
38 Establishment of colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Academic board
39 Establishment of academic board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 5--PROPERTY AND FINANCE
Division 1--Property held on trust or conditions
40 Definition for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
41 Amendment of terms of trusts and gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3
University of Southern Queensland
42 Selection of designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
43 Property to be held for designated purpose . . . . . . . . . . . . . . . . . . . . . . . . . . 20
44 Certain persons to be given notice of scheme . . . . . . . . . . . . . . . . . . . . . . . . 20
45 Amendment of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
46 University's powers under other laws not limited . . . . . . . . . . . . . . . . . . . . . 21
47 University may carry out conditions of gift etc. . . . . . . . . . . . . . . . . . . . . . . 21
Division 2--Dealing with State land by council
48 Application of Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3--Finance
49 University is statutory body under the Financial Administration
and Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
50 University is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
51 Trust funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
52 Investment common fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
53 Application of revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
54 Financial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
55 University's financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 6--UNIVERSITY STATUTES
56 Making of university statutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
57 University statute's status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
58 University statutes affecting student guild . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
59 University rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 7--MISCELLANEOUS
60 Forming and taking part in corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
61 Use of facilities and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
62 Control of traffic and conduct on university land . . . . . . . . . . . . . . . . . . . . . 27
63 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
64 Repealed Act references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 8--REPEAL AND TRANSITIONAL
65 Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
66 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
67 Continuation of university and student association . . . . . . . . . . . . . . . . . . . . 28
4
University of Southern Queensland
68 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
69 Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
70 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
71 Offices held under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
72 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
73 Staff's rights and entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
74 University statutes and rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
75 Student guild's constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
76 References to student association or university . . . . . . . . . . . . . . . . . . . . . . 30
77 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 32
CONTROL OF TRAFFIC AND CONDUCT ON UNIVERSITY
LAND
PART 1--AUTHORISED PERSONS
1 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
2 Limitation of authorised person's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
3 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 2--TRAFFIC CONTROL
6 Persons authorised to control traffic on university's land . . . . . . . . . . . . . . . 34
7 Regulatory notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
8 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
9 Removal and detention of illegally parked or abandoned vehicles . . . . . . . 35
10 Disposal of unclaimed vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
11 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 3--CONDUCT ON UNIVERSITY LAND
12 Conduct causing a public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
13 Power to deal with persons causing a public nuisance . . . . . . . . . . . . . . . . . 38
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 39
DICTIONARY
1997
A BILL
FOR
An Act about the University of Southern Queensland
s1 6 s3
University of Southern Queensland
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the University of Southern Queensland Act 4
1997. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
8
Definitions
3. The dictionary in schedule 2 defines particular words used in this Act.1 9
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 41.' tells the reader
there is a definition of designated purpose in the section.
s4 7 s5
University of Southern Queensland
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 University of Southern Queensland 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 8 s8
University of Southern Queensland
(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 9 s 12
University of Southern Queensland
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 10 s 15
University of Southern Queensland
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 chairperson of the academic board; and 10
(e) the president of the student guild. 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 academic staff; and 18
(b) 1 member of the general staff; and 19
(c) 1 student (other than persons eligible for membership under 20
paragraph (a) or (b)); and 21
(d) 2 members of the alumni association (other than persons eligible 22
for membership under paragraph (a), (b) or (c)). 23
(3) Each elected member mentioned in subsection (2)(a) to (c) is to be 24
elected by a ballot at which-- 25
(a) for an elected member mentioned in subsection (2)(a)--all the 26
s 16 11 s 19
University of Southern Queensland
members of the academic staff may vote; or 1
(b) for an elected member mentioned in subsection (2)(b)--all the 2
members of the general staff may vote; or 3
(c) for an elected member mentioned in subsection (2)(c)--all the 4
students, other than students who are members of the university's 5
staff, may vote. 6
(4) The elected members mentioned in subsection (2)(d) are to be 7
appointed by the board of directors of the alumni association. 8
(5) Despite subsection (3), the council may authorise the council of the 9
student guild to appoint the elected members mentioned in subsection (2)(c) 10
at a meeting of the council of the student guild. 11
members 12
Additional
16.(1) There may be 2 additional members. 13
(2) The council may appoint the additional members. 14
(3) An additional member must not be-- 15
(a) a member of the university's staff; or 16
(b) a student. 17
council is taken to be properly constituted 18
When
17. The council is taken to be properly constituted when it has 12 or 19
more members, whether they be additional, appointed, elected or official 20
members. 21
member's term of office 22
Appointed
18. An appointed member is to be appointed for a term of not more than 23
3 years. 24
member's term of office 25
Elected
19.(1) An elected member holds office for 3 years. 26
s 20 12 s 23
University of Southern Queensland
(2) An elected member's term of office starts-- 1
(a) if the member is re-elected or reappointed--the day after the day 2
when the member's previous term of office ends; or 3
(b) if paragraph (a) does not apply--the day after the day when the 4
term of office of the member's predecessor ends. 5
member's term of office 6
Additional
20. The appointment of an additional member is to be for a term of not 7
more than 3 years decided by the council. 8
to elect or appoint elected members 9
Failure
21.(1) If an entity permitted to elect or appoint elected members does not 10
elect or appoint any or enough persons as elected members by a day fixed 11
by the council by written notice given to the entity, the Minister may appoint 12
to the council as many members of the entity as necessary to comply with 13
section 15.2 14
(2) A person appointed under subsection (1) is taken to have been elected 15
or appointed by the entity under section 15. 16
(3) This section applies to the periodic election or appointment of 17
members and an election or appointment required because of a casual 18
vacancy. 19
vacancies 20
Casual
22. A person appointed or elected to fill a vacancy in the office of a 21
member is appointed or elected for the balance of the term of office of the 22
person's predecessor. 23
for membership of council 24
Ineligibility
23.(1) A person is not eligible to become an elected, appointed or 25
additional member if-- 26
2 Section 15 (Elected members)
s 24 13 s 24
University of Southern Queensland
(a) the person is bankrupt or is taking advantage of the laws in force 1
about bankruptcy; or 2
(b) the person has been found guilty of an indictable offence. 3
(2) Subsection (1) has effect subject to sections 25 and 26.3 4
of office 5
Vacation
24.(1) The office of an elected, appointed or additional member becomes 6
vacant if-- 7
(a) the member dies; or 8
(b) for an elected or additional member--the member ceases to be an 9
eligible person for the entity that elected or appointed the person; 10
or 11
(c) the member is absent without the council's leave and without 12
reasonable excuse from every meeting of the council in a period 13
of 6 months; or 14
(d) the member becomes an official member; or 15
(e) the member resigns from office by signed notice-- 16
(i) if the member is an appointed member--given to the 17
Minister; or 18
(ii) if the member is an elected or additional member--given to 19
the vice-chancellor; or 20
(f) the person becomes bankrupt or takes advantage of the laws in 21
force about bankruptcy; or 22
(g) the person is convicted of an indictable offence. 23
(2) Subsection (1) has effect subject to sections 25 and 26. 24
(3) A resignation takes effect on the day the notice of resignation is given 25
to the Minister or the vice-chancellor or, if a later day of effect is stated in 26
the notice, the later day. 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 14 s 26
University of Southern Queensland
(4) In this section-- 1
"eligible person", for an entity, means a person whom the entity may elect 2
or appoint as a member. 3
where appointed member convicted of indictable offence 4
Discretion
25.(1) If the Minister considers it would be reasonable, having regard to 5
the circumstances of the indictable offence of which a person has been 6
convicted, the Minister may-- 7
(a) if the person was an appointed member when convicted--give 8
written notice to the chancellor and the person that the person is 9
restored as an appointed member, and may be subsequently 10
reappointed, despite the conviction; or 11
(b) otherwise--give written approval for the person to become an 12
appointed member despite the conviction. 13
(2) On the day the chancellor receives a notice under subsection (1)(a)-- 14
(a) the person is restored as an appointed member; and 15
(b) if another person has been appointed to fill the vacancy--the other 16
person's appointment ends. 17
(3) If a person is restored as an appointed member under subsection (2), 18
the person's term of office as a member ends when it would have ended if 19
the person had not been convicted of the offence. 20
where elected or additional member convicted of indictable 21
Discretion
offence 22
26.(1) If the council considers it would be reasonable, having regard to 23
the circumstances of the indictable offence of which a person has been 24
convicted, the council may-- 25
(a) if the person was an elected or additional member when 26
convicted--give written notice to the person that the person is 27
restored as an elected or additional member, and may be 28
subsequently re-elected or reappointed, despite the conviction; or 29
(b) otherwise--give written approval for the person to become an 30
elected or additional member despite the conviction. 31
s 27 15 s 30
University of Southern Queensland
(2) On the day the person receives a notice under subsection (1)(a)-- 1
(a) the person is restored as an elected or additional member; and 2
(b) if another person has been elected or appointed to fill the 3
vacancy--the other person's membership of the council ends. 4
(3) If a person is restored as an elected or additional member under 5
subsection (2), the person's term of office as a member ends when it would 6
have ended if the person had not been convicted of the offence. 7
Division 4--Meetings of the council 8
is to preside at meetings 9
Who
27.(1) The chancellor must preside at meetings of the council. 10
(2) However, if the chancellor and deputy chancellor are both absent 11
from a meeting of the council or the offices are vacant, the members present 12
must elect a member to preside at the meeting. 13
uorum 14
Q
28. A quorum exists at a meeting of the council if at least half its 15
members are present. 16
of meetings 17
Conduct
29. The council may otherwise regulate its proceedings as it considers 18
appropriate. 19
PART 3--CERTAIN OFFICERS OF THE 20
UNIVERSITY 21
22
Chancellor
30.(1) There is a chancellor of the university. 23
s 31 16 s 32
University of Southern Queensland
(2) The council must elect a chancellor whenever there is a vacancy in the 1
office. 2
(3) The person elected need not be a member. 3
(4) The chancellor holds office for the term, not longer than 5 years, 4
fixed by the council. 5
chancellor 6
Deputy
31.(1) There is a deputy chancellor of the university. 7
(2) The council must elect a member as deputy chancellor whenever 8
there is a vacancy in the office. 9
(3) The deputy chancellor holds office for the term, not longer than 10
3 years, fixed by the council. 11
(4) The deputy chancellor is to act as chancellor-- 12
(a) when there is a vacancy in the office of chancellor; and 13
(b) while the chancellor is absent from the State or, for another 14
reason, can not perform the functions of the office. 15
16
Vice-chancellor
32.(1) There is a vice-chancellor of the university. 17
(2) The council must appoint a vice-chancellor whenever there is a 18
vacancy in the office. 19
(3) The terms of appointment are as decided by the council. 20
(4) The vice-chancellor is the chief executive officer of the university and 21
may exercise the powers and perform the functions conferred on the 22
vice-chancellor by this or another Act or the council. 23
(5) The vice-chancellor may delegate powers of the vice-chancellor under 24
this or another Act to an appropriately qualified member of the university's 25
staff. 26
s 33 17 s 36
University of Southern Queensland
PART 4--BODIES CONNECTED WITH THE 1
UNIVERSITY 2
1--Student guild 3
Division
of student guild 4
Establishment
33.(1) The University of Southern Queensland Student Guild is 5
established. 6
(2) The student guild-- 7
(a) is a body corporate with perpetual succession; and 8
(b) has a common seal; and 9
(c) may sue and be sued in its corporate name. 10
11
Composition
34. The persons who are eligible to be members of the student guild 12
are-- 13
(a) students; and 14
(b) persons eligible for membership under the student guild's 15
constitution. 16
17
Role
35.(1) The student guild has the role and powers stated in its constitution. 18
(2) The student guild also has the role and powers decided by the council. 19
(3) However, the student guild is not the employee or agent of the 20
council. 21
powers 22
General
36. Without limiting section 35, the student guild has all the powers of an 23
individual, including, for example, the power to acquire, hold, dispose of, 24
and deal with, property. 25
s 37 18 s 39
University of Southern Queensland
1
Constitution
37.(1) The student guild must have a written constitution. 2
(2) The student guild's constitution, and each amendment of the 3
constitution, must be submitted to the council for its approval. 4
(3) The constitution or amendment has no effect until approved by the 5
council. 6
Division 2--Colleges 7
of colleges 8
Establishment
38.(1) The council may establish colleges of the university by university 9
statute. 10
(2) The Governor in Council must approve the establishment of the 11
college before the council makes the university statute establishing it. 12
(3) The council may establish an advisory council for each college and 13
decide its membership and functions. 14
(4) On the establishment of a college, property vested in or acquired by a 15
person on trust for the college vests in the university on trust for the college. 16
(5) The council must manage and supervise the college and property held 17
on trust by the university for the college. 18
3--Academic board 19
Division
of academic board 20
Establishment
39.(1) The council may establish an academic board of the university. 21
(2) The council must determine the membership of the academic board. 22
(3) The academic board must-- 23
(a) advise the council about teaching, scholarship and research 24
matters concerning the university; and 25
(b) formulate proposals for the academic policies of the university; 26
s 40 19 s 41
University of Southern Queensland
and 1
(c) monitor the academic activities of the university's faculties; and 2
(d) promote and encourage scholarship and research at the university. 3
ART 5--PROPERTY AND FINANCE 4
P
Division 1--Property held on trust or conditions 5
for div 1 6
Definition
40. In this division-- 7
"property" includes income from property and a part or residue of the 8
property. 9
of terms of trusts and gifts 10
Amendment
41.(1) This section applies if-- 11
(a) property is held by the university on terms requiring the property 12
to be used for a particular purpose (the "donor's purpose"); and 13
(b) the council is satisfied-- 14
(i) the donor's purpose-- 15
(A) has been wholly or substantially achieved; or 16
(B) no longer exists; or 17
(C) has been adequately provided for in another way; or 18
(D) is uncertain, can not be identified, or is insufficiently 19
defined; or 20
(E) becomes impossible, impractical or inexpedient to carry 21
out; or 22
(ii) the property is inadequate for the donor's purpose. 23
(2) The council may set up and maintain a scheme for the use of the 24
s 42 20 s 45
University of Southern Queensland
property for another purpose (the "designated purpose"). 1
(3) The scheme must be in writing. 2
(4) The university must without charge give a copy of the scheme to 3
anyone who asks for it. 4
of designated purpose 5
Selection
42.(1) In selecting the designated purpose, the council must prefer a 6
purpose that-- 7
(a) is as nearly similar as practicable to the donor's purpose; and 8
(b) can practically and conveniently be achieved. 9
(2) However, the scheme is not invalid merely because another 10
designated purpose may have been more properly selected under 11
subsection (1). 12
to be held for designated purpose 13
Property
43. Property to which the scheme applies is to be held by the university 14
for the property's designated purpose instead of the donor's purpose. 15
persons to be given notice of scheme 16
Certain
44. If the scheme applies to land, the university must, as soon as 17
practicable after the scheme is set up, give a copy of the scheme to the 18
registrar of titles. 19
of scheme 20
Amendment
45.(1) The council may amend the scheme. 21
(2) Sections 41 to 44 apply to the amendment of a scheme as if a 22
reference to the donor's purpose is a reference to the designated purpose of 23
the scheme that is to be amended. 24
s 46 21 s 50
University of Southern Queensland
powers under other laws not limited 1
University's
46. This division does not limit the university's powers and rights under 2
any other law about property held on trust by the university. 3
may carry out conditions of gift etc. 4
University
47. The university may agree to and carry out any conditions of a gift, 5
grant, bequest or devise of property to the university. 6
2--Dealing with State land by council 7
Division
of Land Act 1994 8
Application
48.(1) State land is held and may be disposed of under the Land 9
Act 1994. 10
(2) However, the university may grant an interest in State land only by 11
way of lease. 12
(3) Also, the lease must not be for more than 25 years. 13
Division 3--Finance 14
is statutory body under the Financial Administration and 15
University
Audit Act 1977 16
49. To remove any doubt, it is declared that the university is a statutory 17
body under the Financial Administration and Audit Act 1977. 18
is statutory body under the Statutory Bodies Financial 19
University
Arrangements Act 1982 20
50.(1) Under the Statutory Bodies Financial Arrangements Act 1982, the 21
university is a statutory body. 22
s 51 22 s 52
University of Southern Queensland
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B4 1
sets out the way in which the university's powers under this Act are 2
affected by the Statutory Bodies Financial Arrangements Act 1982. 3
rust funds 4
T
51. The university may establish or administer trust funds. 5
common fund 6
Investment
52.(1) The university may establish an investment common fund for the 7
collective investment of trust funds or other amounts held by it. 8
(2) The university may add amounts to or withdraw amounts from the 9
investment common fund, without incurring any liability for breach of trust. 10
(3) The university must periodically distribute the income of the 11
investment common fund among each of the funds forming the investment 12
common fund (a "component fund") having regard to the share of each 13
component fund in the investment common fund. 14
(4) Despite subsection (3), if a component fund consists of an amount 15
received for use for a stated purpose and the amount can not or will not be 16
used for the purpose immediately, income attributable to the share of the 17
amount in the investment common fund may be paid into the general funds 18
of the university if the income is not needed immediately for the stated 19
purpose. 20
(5) Also, despite subsection (3), the university may-- 21
(a) add a part of the income of the investment common fund to the 22
fund's capital; or 23
(b) use a part of the income to establish or augment another fund to 24
make provision against capital depreciation or reduction of 25
income. 26
4 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this
Act and relationship with other Acts)
s 53 23 s 55
University of Southern Queensland
of revenue 1
Application
53.(1) Subject to the terms of a relevant trust, amounts received by the 2
university from any source are to be applied solely to university purposes. 3
(2) To remove any doubt, each of the following purposes is a university 4
purpose-- 5
(a) enabling a student or staff member, or former student or staff 6
member, of the university to undertake study or research at the 7
university or elsewhere; 8
(b) the advancement of learning generally; 9
(c) helping a body affiliated or associated with the university. 10
review 11
Financial
54.(1) The council must, in each year, adopt a budget for the university 12
for the next year. 13
(2) In framing the budget the council need not take account of amounts 14
mentioned in subsection (4). 15
(3) The council must control its spending as nearly as possible within the 16
limits of the approved budget. 17
(4) The council must undertake an annual review of-- 18
(a) amounts available, or expected to be available, to the university by 19
way of bequest, donation or special grant; and 20
(b) the spending of the amounts. 21
financial year 22
University's
55. The university's financial year is a calendar year. 23
s 56 24 s 57
University of Southern Queensland
ART 6--UNIVERSITY STATUTES 1
P
of university statutes 2
Making
56.(1) The council may make university statutes. 3
(2) A university statute may only be made about the following matters-- 4
(a) the admission and enrolment of students; 5
(b) the entitlement to degrees and other awards; 6
(c) the disciplining of students and other persons undertaking courses 7
at the university; 8
(d) the fees to be paid-- 9
(i) for examinations; or 10
(ii) for attendance at lectures and classes of the university; or 11
(iii) for the use of the university's facilities; 12
(e) the conduct of a ballot for the election of elected members; 13
(f) the establishment of colleges; 14
(g) the ownership and exploitation of intellectual property brought 15
into existence by the university's staff or as a result of using the 16
university's facilities; 17
(h) making and notifying university rules; 18
(i) a direction, indication or requirement for a regulatory notice. 19
(3) Without limiting subsection (2)(c), a university statute may-- 20
(a) authorise the council to impose a penalty of not more than 21
10 penalty units for a breach of a university statute about the 22
disciplining of persons mentioned in subsection (2)(c); and 23
(b) provide for its recovery and enforcement. 24
statute's status 25
University
57. A university statute-- 26
(a) is subordinate legislation; and 27
s 58 25 s 59
University of Southern Queensland
(b) is an exempt instrument under the Legislative Standards Act 1
1992. 2
statutes affecting student guild 3
University
58.(1) A university statute affecting the student guild's role or powers 4
may be made only if the council-- 5
(a) has given the student guild a copy of the proposed statute at least 6
28 days before making it; and 7
(b) has considered any comments given to it by the student guild 8
under subsection (2). 9
(2) The student guild may give the council written comments about the 10
proposed university statute within 14 days after receiving the copy. 11
(3) The council may amend the proposed university statute to take 12
account of any of the comments. 13
(4) If the council amends the proposed university statute to take account 14
of any of the comments, it does not have to give the student guild a copy of 15
the proposed statute before making it. 16
rules 17
University
59.(1) The council may make university rules under a university statute. 18
(2) If a university rule is inconsistent with this Act or a university statute, 19
the rule is invalid to the extent of the inconsistency. 20
(3) A university rule-- 21
(a) must be notified in the way required by university statute; and 22
(b) takes effect on the day of its notification or, if a later day or time 23
is fixed in the rule, on the day or at the time fixed. 24
(4) On the day a university rule is notified under subsection (3)(a) or as 25
soon as practicable after that day, copies of the rule must be available to be 26
obtained (by purchase or otherwise) at the place, or at each of the places, 27
stated in the notice. 28
(5) Failure to comply with subsection (4) does not affect the validity of 29
the notification under subsection (3)(a). 30
s 60 26 s 61
University of Southern Queensland
ART 7--MISCELLANEOUS 1
P
and taking part in corporations 2
Forming
60.(1) The university may be a member of, form, take part in forming or 3
manage a corporation whose objects include the following-- 4
(a) making available facilities for study, research or education; 5
(b) providing teaching, research, development, consultancy or other 6
services for public or private entities; 7
(c) helping or engaging in the development or promotion of the 8
university's research or the application or use of the results of the 9
research; 10
(d) preparing, publishing, distributing or licensing the use of literary 11
or artistic work, audio or audiovisual material or computer 12
software; 13
(e) exploiting commercially a facility or resource of the university, 14
including, for example, study, research or knowledge, or the 15
practical application of study, research or knowledge, developed 16
by or belonging to the university, whether alone or with someone 17
else; 18
(f) seeking or encouraging gifts to the university or for the 19
university's purposes; 20
(g) another object, consistent with this Act, that the council considers 21
is appropriate in the circumstances. 22
(2) The university, or a corporation managed by the university or of 23
which the university is a member, may enter into an agreement or 24
arrangement with a corporation whose objects include an object mentioned 25
in subsection (1) for achieving the object. 26
of facilities and staff 27
Use
61. The university may enter into a contract or other arrangement with an 28
entity for the use of the university's facilities and the provision of services 29
by the university's staff. 30
s 62 27 s 65
University of Southern Queensland
of traffic and conduct on university land 1
Control
62. Schedule 1 has effect. 2
power 3
Regulation-making
63. The Governor in Council may make regulations under this Act. 4
Act references 5
Repealed
64. In an Act or document, a reference to the University of Southern 6
Queensland Act 1989 may, if the context permits, be taken to be a reference 7
to this Act. 8
PART 8--REPEAL AND TRANSITIONAL 9
for pt 8 10
Definitions
65. In this part-- 11
"appointed member" means an appointed member, under the repealed 12
Act, of the council. 13
"commencing day" means the day on which this part commences. 14
"continuing corporation", for a former corporation, means-- 15
(a) for the university established under the repealed Act--the 16
university; or 17
(b) for the student association--the student guild. 18
"ex-officio member" means an ex-officio member, under the repealed Act, 19
of the council. 20
"former corporation" means-- 21
(a) the university established under the repealed Act; or 22
(b) the student association. 23
"repealed Act" means the University of Southern Queensland Act 1989. 24
s 66 28 s 70
University of Southern Queensland
"student association" means the University of Southern Queensland 1
Student Association established under the repealed Act. 2
3
Repeal
66. The University of Southern Queensland Act 1989 is repealed. 4
of university and student association 5
Continuation
67.(1) The university established under the repealed Act is continued as 6
the university established under section 4. 7
(2) The student association is continued as the University of Southern 8
Queensland Student Guild established under section 33. 9
and liabilities 10
Assets
68. On the commencing day-- 11
(a) the assets and liabilities of a former corporation continue to be the 12
assets and liabilities of the continuing corporation for the former 13
corporation; and 14
(b) any property that, immediately before the commencing day, was 15
held in trust by a former corporation continues to be held by the 16
continuing corporation for the former corporation on the same 17
trusts. 18
19
Contracts
69. Any contracts entered into by or on behalf of a former corporation 20
and all guarantees, undertakings and securities given by or on behalf of or to 21
a former corporation, in force immediately before the commencing day are 22
taken to have been entered into or given by or to the continuing corporation 23
for the former corporation and may be enforced against or by the continuing 24
corporation accordingly. 25
26
Proceedings
70. A proceeding that could have been started or continued by or against 27
s 71 29 s 73
University of Southern Queensland
a former corporation before the commencing day may be started or 1
continued by or against the continuing corporation for the former 2
corporation. 3
held under repealed Act 4
Offices
71. A person holding office as the chancellor, deputy chancellor or 5
vice-chancellor under the repealed Act immediately before the commencing 6
day holds office until the end of the person's term of office or earlier 7
vacating office. 8
of council 9
Membership
72.(1) The council consists of the ex officio and appointed members 10
holding office immediately before the commencing day. 11
(2) An appointed member holds office as a member of the council until 12
25 June 1998 or earlier vacating office. 13
(3) For subsections (1) and (2), the following provisions of the repealed 14
Act, and any definitions relevant to the provisions, continue to have effect-- 15
· section 8 16
· part 2, division 2, subdivision 1 (other than sections 19, 22 and 17
25 to 33).5 18
(4) This section has effect despite the repeal of the repealed Act. 19
(5) This section expires on 25 June 1998. 20
rights and entitlements 21
Staff's
73.(1) This section applies to a person who immediately before the 22
commencing day was a staff member of a former corporation. 23
(2) On the commencing day, the person is taken to be employed by the 24
continuing corporation for the former corporation on the same conditions 25
on which the person was employed by the former corporation. 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 74 30 s 76
University of Southern Queensland
(3) In addition, the person-- 1
(a) keeps all rights accrued or accruing to the person as a staff 2
member of the former corporation; and 3
(b) is entitled to receive long service, recreation and sick leave and 4
any similar entitlements accrued or accruing to the person as a 5
staff member of the former corporation. 6
(4) Also, if the person is a member of the superannuation scheme under 7
the Superannuation (State Public Sector) Act 1990-- 8
(a) the person keeps all entitlements accrued or accruing to the person 9
as a member of the scheme; and 10
(b) the person's membership of the scheme is not affected. 11
statutes and rules 12
University
74.(1) An existing instrument (to the extent that it is consistent with this 13
Act) continues in force under this Act. 14
(2) However, the instrument expires 1 year after the commencing day, 15
unless sooner repealed. 16
(3) In this section-- 17
"existing instrument" means a university statute or rule made under the 18
repealed Act and in force immediately before the commencing day. 19
guild's constitution 20
Student
75. The student association's constitution in force immediately before the 21
commencing day continues in force as the student guild's constitution under 22
this Act. 23
to student association or university 24
References
76. A reference in an Act or document in existence immediately before 25
the commencing day to a former corporation is a reference to the continuing 26
corporation for the former corporation. 27
s 77 31 s 77
University of Southern Queensland
1
Expiry
77. This part (other than section 72) expires 1 year after it commences. 2
3
32
University of Southern Queensland
CHEDULE 1 1
¡S
CONTROL OF TRAFFIC AND CONDUCT ON 2
UNIVERSITY LAND 3
section 62 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
33
University of Southern Queensland
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
34
University of Southern Queensland
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
35
University of Southern Queensland
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
36
University of Southern Queensland
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
37
University of Southern Queensland
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
38
University of Southern Queensland
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
39
University of Southern Queensland
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
"alumni association" means the entity called `Alumni Association of the 12
University of Southern Queensland'. 13
"appointed member" means a member of the council appointed under 14
section 14. 15
"appropriately qualified", for a delegate for a power, includes having the 16
qualifications, experience or standing appropriate to exercise the 17
power. 18
"authorised person" means a person holding office as an authorised 19
person because of an appointment under schedule 1, section 1. 20
"chancellor" means the chancellor of the university. 21
"college" means a college established under section 38. 22
"council" means the council of the university. 23
"deputy chancellor" means the deputy chancellor of the university. 24
"designated purpose" see section 41. 25
"donor's purpose" see section 41. 26
40
University of Southern Queensland
SCHEDULE 2 (continued)
"elected member" means a member of the council elected or appointed 1
under section 15. 2
"general staff" , of the university, means staff of the university, other than 3
academic staff. 4
"higher education award" has the meaning given by the Higher 5
Education (General Provisions) Act 1993. 6
"land", of the university, means land and buildings owned by or under the 7
control of the university. 8
"member" means a member of the council. 9
"official member" means a person who is an official member of the 10
council under section 13. 11
"official traffic sign" has the meaning given by the Traffic Act 1949. 12
"owner", of a vehicle, includes the person registered as the owner of the 13
vehicle under-- 14
(a) the Transport Infrastructure (Roads) Act 1991; or 15
(b) the corresponding law of another State or a Territory. 16
"regulatory notice" see schedule 1, section 7. 17
"requirement", of a regulatory notice, includes-- 18
(a) a direction on a regulatory notice; and 19
(b) a direction, indication or requirement, declared by university 20
statute as being a requirement of the notice. 21
"State land" means land-- 22
(a) granted in trust, or reserved and set apart for a purpose, under the 23
Land Act 1994; and 24
(b) vested in or placed under the control of the university. 25
"student" means a student enrolled in the university. 26
"student guild" means the University of Southern Queensland Student 27
Guild. 28
41
University of Southern Queensland
SCHEDULE 2 (continued)
"university" means the University of Southern Queensland. 1
"university rule" means a university rule made under section 59. 2
"university statute" means a university statute made under section 56. 3
"vehicle" has the meaning given by the Traffic Act 194 . 9 4
"vice-chancellor" means the vice-chancellor of the university. 5
6
© State of Queensland 1997
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