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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Torrens University Australia
Bill 2013
A BILL FOR
An Act to recognise and provide for the operation of Torrens University
Australia.
Contents
Preamble
1Short title
2Commencement
3Interpretation
4Recognition of University
5Principles to be observed by the
University
6Declaration of logo
7Protection of
proprietary interests of University
8Gifts etc to
University
9Minor's legal capacity in relation to contracts
etc
10Governing body of University to notify
Minister of certain events
11Annual report
12Regulations
1 On 17 October 2011 LEI Higher Education Holdings Pty Ltd was authorised
by the South Australian Government to establish a private university (Torrens
University Australia) in South Australia bearing the unmodified university
title.
2 Torrens University Australia Limited is registered with the Australian
Securities and Investments Commission as an Australian public company limited by
shares.
3 In July 2012 Torrens University Australia Limited was registered as
an Australian university under the Tertiary Education Quality and Standards
Agency Act 2011 of the Commonwealth.
4 It is intended that Torrens University Australia Limited establish a
campus in the State, offering academic awards in selected disciplines.
5 The purpose of this Act is to recognise Torrens University Australia,
and, insofar as it is within the legislative power of the State, to facilitate
the provision of higher education services by the university.
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Torrens University Australia
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act—
logo means a design (the copyright of which is vested in the
University) declared under this Act to be a logo;
minor means a person of or above the age of 16 years and
under 18 years;
official insignia means a logo, an official symbol or an
official title;
official symbol means a combination of a logo and an official
title;
official title means a business name registered by the
University under, or otherwise authorised by, the Business Names Registration
Act 2011 of the Commonwealth;
University means Torrens University Australia.
(1) The University is a body corporate invested with full juristic
capacity and unfettered discretion, subject to the laws of this State, to
conduct its affairs in the manner it thinks fit.
(2) The University is not an instrumentality or agency of the
Crown.
5—Principles
to be observed by the University
Principles for the sound and fair management of the University and its
staff should be established and regularly reviewed by the governing body of the
University, and those principles should be observed at all times in the
administration of the University.
The Minister may, by notice in the Gazette, declare a design to be a logo
in respect of the University.
7—Protection
of proprietary interests of University
(1) The University has a proprietary interest in all official
insignia.
(2) A person must not, without the consent of the University, in the
course of a trade or business—
(a) use a name in which the University has a proprietary interest under
this section for the purpose of promoting the sale of services or the provision
of any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods
or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the University, assume a
name or description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions
requiring payment to the University); and
(b) must be given in writing addressed to the applicant for the consent;
and
(c) may be revoked by the University for a breach of a condition by notice
in writing given personally or by post to a person who has the benefit of the
consent.
(5) The Supreme
Court may, on the application of the University, grant an injunction to restrain
a breach of this section.
(6) The court by
which a person is convicted of an offence against this section may, on the
application of the University, order the convicted person to pay compensation of
an amount fixed by the court to the University.
(7)
Subsections (5)
and
(6) do not derogate
from any civil remedy that may be available to the University apart from those
subsections.
(1) Despite any other Act or law, the University may acquire property on
trust by gift, devise or bequest to apply for the benefit of a school, college,
chair, centre, institution, or other body established within, or associated
with, the University (despite the fact that the beneficiary is not a legal
person).
(2) The University—
(a) may exercise any power, or perform any act, that the beneficiary could
perform as if the University were the beneficiary; and
(b) must apply the property, or any income derived in relation to the
property, in accordance with the terms of the gift, devise or bequest.
9—Minor's
legal capacity in relation to contracts etc
(1) Despite any
other Act or law, a minor has full legal capacity—
(a) to contract for the provision of the minor's education at the
University; and
(b) to contract in relation to any other matter prescribed in the
regulations.
(2) A contract under this section may be enforced by, or against, the
minor as if he or she were of full legal capacity.
(3)
Subsection (1)
does not apply if the University ceases to be registered as an Australian
university under the Tertiary Education Quality and Standards Agency
Act 2011 of the Commonwealth.
10—Governing
body of University to notify Minister of certain events
(1) The governing body of the University must, as soon as is reasonably
practicable after any change in the composition of the governing board, notify
the Minister of the change.
(2) The governing body of the University must, as soon as is reasonably
practicable after an event of a kind prescribed by the regulations occurring,
notify the Minister of the occurrence of the event.
(1) The governing body of the University must, not later than 30 June
in each year, present to the Minister a report on the operation of the
University during the year ending on the preceding 31 December.
(2) The Minister must, within 12 sitting days of receiving a report
under this section, cause a copy of the report to be laid before each House of
Parliament.
The Governor may make such regulations as are contemplated by, or necessary
or expedient for the purposes of, this Act.