Queensland University of Technology and Brisbane College of Advanced Education Amalgamation Act 1990 (Qld)

4 QUEENSL I' ^ lJ ll TECHNOLOGY AND B171SISANE COLLEGE OF ADVANCED EDU C ATION ACT No. 2 of 1990 ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Interpretation PART I-PRELIMINARY PART II-AMALGAMATION OF THE BRISBANE COLLEGE OF ADVANCED EDUCATION WITH THE QUEENSLAND UNIVERSITY OF TECHNOLOGY Division 1-Provisions Relating to the College 4. College to amalgamate with the University Division 2 - Provisions Relating to the Council of the College 5. Council of the College to cease to exist 6. Effect of cessation of the Council of the College 7. Employment of staff of the Council of the College 8. Superannuation entitlements Division 3-Provisions Relating to the Union 9. Union preserved and continued in existence under new name and style 10. Body corporate status 11. Vesting of assets 12. Transfer of liabilities, etc 13. Constitution as modified to continue in force. 14. Queensland University of Technology Northern Campuses Student Guild to cease to exist 15. Provisions relating to the Queensland University of Technology Northern Campuses Student Guild 16. Officers and employees of the Queensland University of Technology Northern Campuses Student Guild.

5 Division 4-Provisions Relating to Students and Awards 17. Enrolment of students in courses 18. Awards Division 5-Special Arrangements for Council of Queensland University of Technology 19. Term of appointment of certain members of Council of University Division 6-General Provisions 20. Compliance with accounts and audit requirements 21. Compliance with annual reporting requirements 22. Savings 23. By-laws and rules 24. Construction of references 25. Governor in Council may prescribe PART III-AMENDMENT OF QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 1988 26. Citation 27. Amendment of s. 8. Constitution of the Council other than first Council

6 aeensIaua 'r vNV ANNO TRICESIMO NONO E LIZ AB ET HAE SE U E REG INAE No. 2 of 1990 An Act to amalgamate the B risbane College of Advanced Education with the Queensland University of Technology to amend the QueenslandUniversity ofTechnology Act 1988 in certain particulars and for related purposes [ASSENTED TO 4TH APRIL, 1990]

Queensland University of Technology and Brisbane College 7 of Advanced Education Amalgamation Act 1990, No. 2 BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Queensland University of Technology and Brisbane College ofAdvanced Education Amalgamation Act 1990. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Interpretation . In this Act, unless the contrary intention appears- "College" means the Brisbane College of Advanced Education, a college of advanced education, established under the Education Act 1964-1989,- "Council" means the Council of the University constituted under the Queensland University of Technology Act 1988; "Council of the College" means the Council of the Brisbane College of Advanced Education constituted under the Education Act 1964-1989; "Guild" means the Queensland University of Technology Student Guild established and incorporated under the QueenslandUniversity of Technology Act 1988; "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister; "University" means the Queensland University of Technology established and incorporated under the Queensland Universityof Technology Act 1988. PART II-AMALGAMATION OF THE BRISBANE COLLEGE OF ADVANCED EDUCATION WITH THE QUEENSLAND UNIVERSITY OF TECHNOLOGY Division 1-Provisions Relating to the College 4. College to amalgamate with the University . On and from the commencement of this section, the College shall cease to be a college of advanced education under the Education Act 1964-1989 and, subject to this Act, shall for all purposes on and from that commencement be taken to be part of the University. Division 2-Provisions Relating to the Council of the College 5. Council of the College to cease to exist . (1) The chairman and each other member of the Council of the College holding office as such

8 Queensland University of Technology and Brisbane College of Advanced Education Amalgamation Act 1990, No. 2 immediately prior to the commencement of section 4 shall go out of office forthwith on such commencement and that Council of the College shall thereupon cease to exist. (2) It is hereby declared that the Council of the College always was validly constituted from 1 January 1982 to the date of the commencement of this section. 6. Effect of cessation of the Council of the College. (1) Where, after the commencement of section 4, property would have passed by any testamentary disposition or otherwise to or for the benefit of the Council of the College if it were still in existence, that property shall pass to or for the benefit of the University, and shall vest in the University, but without prejudice to any lawful claim of any person in relation to that property. (2) All property which immediately prior to the commencement of section 4 is held by, vested in or under the control of the Council of the College shall, on that commencement, be divested from that Council of the College and shall be held by, vested in or, as the case may be, come under the control of the University. (3) If any property vested in the University by subsection (2) is or shall be subject to any condition or trust, that property shall be held by or for the benefit of the University subject to the conditions or trusts on which it was held immediately before that vesting. Any reference in any such conditions or trusts to the Council of the College shall, on and from the commencement of section 4, be read and construed as a reference to the University. (4) All rights accruing or accrued to the Council of the College in respect of any property vested in the University pursuant to subsection (2) are hereby vested in and may be enforced by the University. (5) All liabilities of the Council of the College in respect of any property vested in the University pursuant to subsection (2) may be enforced against the University. (6) All suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of section 4 by or against the Council of the College may be carried on and prosecuted by or against the University and no such suit, action or proceeding shall abate or be prejudicially affected by this Act. (7) All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Council of the College existing at the commencement of section 4 shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the University and may be enforced by or against the University accordingly. (8) Where title to any property vested in or otherwise transferred by this Act to the University is registered in any register, the person having charge of the register, upon a request made to that person in

Queensland University of Technology and Brisbane College 9 of Advanced Education Amalgamation Act 1990, No. 2 writing by or on behalf of the University , shall make all entries in the register to record the vesting of that property in accordance with this Act. No stamp duty, fees or other charges are payable in respect of the request. 7. Employment of staff of the Council of the College . (1) In this section, "officer of the College" means a person who immediately prior to the commencement of section 5 held any paid employment with the Council of the College or had been appointed to the staff of the College but had not taken up duty. (2) Every officer of the College shall, on the commencement of this section, become an officer of the University on such terms and conditions, subject to any applicable award or industrial agreement, as the Council may determine, but no less favourable than the terms and conditions upon which that person was employed at the College immediately before that commencement. (3) A person who becomes an officer of the University pursuant to subsection (2) shall- (a) retain any rights accrued or accruing as an officer of the College; and (b) be entitled to receive annual, sick and long service leave and any similar entitlement accrued or accruing to that person as an officer of the College, and service as an officer of the College shall be deemed to be service as an officer of the University for the purposes of any law under which those rights accrued or were accruing or by which that entitlement is conferred. (4) A person who becomes an officer of the University pursuant to this section is not entitled to claim, both under this Act and any other Act, benefits in respect of the same period of service. 8. Superannuation entitlements . (1) A person who, pursuant to section 7, becomes an officer of the University shall- (a) retain all entitlements accrued or accruing to that person as a contributor to a fund under the Public ServiceSuperannuationAct1958-1989, the StateServiceSuperannuation Act 1972-1989 or the Superannuation(Government and Other Employees) Act 1988; and (b) be deemed to be an officer or member, as the case may be, within the meaning of each of those Acts and shall- (i) subject to subsection (2), continue to contribute to that fund;

10 Queensland University of Technology and Brisbane College of Advanced Education Amalgamation Act 1990, No. 2 and (ii) be entitled to payments and other benefits therefrom. (2) Notwithstanding the provisions of subsection (1), subject to the applicable provisions of the Acts referred to in subsection (1) (a), it is competent to an officer of the University to elect to contribute to a superannuation scheme established or participated in pursuant to section 67 of Queensland University of Technology Act 1988 in lieu of continuing to contribute to a fund or funds referred to in subsection (1), and if that officer does so elect to contribute, that officer is deemed to have been entitled to make and to have made an election under section 6 (1) of the Superannuation (Public Employees Portability and ActsAmendment) Act 1985. Division 3-Provisions Relating to the Union 9. Union preserved and continued in existence under new name and style. The Brisbane College of Advanced Education Union, established pursuant to section 62AB of the Education Act 1964-1989, is preserved and continued in existence under the name and style Queensland University of Technology Northern Campuses Student Guild. 10. Body corporate status . The Queensland University of Technology Northern Campuses Student Guild is deemed to be constituted under this Act as a body corporate, as if the Governor in Council had made an appointment in that behalf under section 62AB (2) of the EducationAct 1964-1989 immediately prior to the date of commencement of this section, and that appointment had been duly notified by Proclamation published in the Gazette, and shall have a common seal and be capable of suing and being sued. 11. Vesting of assets . On and from the date of commencement of section 10, all assets that immediately prior to that commencement were vested in, belonged to or were under the control of the unincorporated association which used the name Brisbane College of Advanced Education Union or the members of that Union, by virtue of that membership, shall be divested from that Union or those members, as the case may be, and vest in, belong to or, as the case may be, come under the control of the body corporate deemed to be constituted pursuant to section 10. 12. Transfer of liabilities , etc. (1) On and from the commencement of section 10, all liabilities of the unincorporated association which used the name Brisbane College of Advanced Education Union and all liabilities duly incurred by the members of that Union, by virtue of that membership, shall be liabilities of the body corporate deemed to be constituted under section 10. (2) All contracts, agreements and undertakings entered into with and all securities given prior to the date of commencement of this section to or by the unincorporated association which used the name Brisbane College of Advanced Education Union are deemed to be

Queensland University of Technology and Brisbane College 11 of Advanced Education Amalgamation Act 1990, No. 2 contracts, agreements and undertakings entered into with and securities given to or by the body corporate deemed to be constituted under section 10. 13. Constitution as modified to continue in force. (1) The provisions of the constitution of the Brisbane College of Advanced Education Union in force immediately prior to the commencement of section 10, with all necessary adaptations and with such modifications as the Council may from time to time determine, shall continue in force as the constitution of the Queensland University of Technology Northern Campuses Student Guild. (2) All amendments to and all alterations or modifications of that constitution shall be submitted to the Council, and shall have no force or effect unless and until approved by the Council. (3) In the constitution referred to in subsection (1), reference to the term- "Brisbane College of Advanced Education Union" or "Union" shall be read and construed as a reference to Queensland University of Technology Northern Campuses Student Guild; "College" shall be read and construed as a reference to that part of the University that was the College within the meaning of that term as defined in section 3; "College Council" shall be read and construed as a reference to the term Council as defined in section 3. 14. Queensland University of Technology Northern Campuses Student Guild to cease to exist. The Queensland University of Technology Northern Campuses Student Guild shall cease to exist on 1 December 1990. 15. Provisions relating to the Queensland University of Technology Northern Campuses Student Guild . (1) Where, after the cessation of the Queensland University of Technology Northern Campuses Student Guild pursuant to section 14, property would have passed by any testamentary disposition or otherwise to or for the benefit of the Queensland University of Technology Northern Campuses Student Guild, if it were still in existence, that property shall pass to or for the benefit of the Guild, and shall vest in the Guild, but without prejudice to any lawful claim of any person in relation to that property. (2) All property which immediately prior to the cessation of the Queensland University of Technology Northern Campuses Student Guild pursuant to section 14 was held by or vested in the Queensland University of Technology Northern Campuses Student Guild shall, on that cessation, be divested from the Queensland University of Technology Northern Campuses Student Guild and shall vest in the Guild. (3) If any property vested in the Guild by subsection (2) is or shall be subject to any condition or trust, that property shall be held by the Guild subject to the conditions or trusts on which it was held immediately before that vesting.

12 Queensland University of Technology and Brisbane College of Advanced Education Amalgamation Act 1990, No. 2 Any reference in any such conditions or trusts to the Queensland University of Technology Northern Campuses Student Guild shall, on and from the cessation of the Queensland University of Technology Northern Campuses Student Guild pursuant to section 14, be read and construed as a reference to the Guild. (4) All rights accruing or accrued to the Queensland University of Technology Northern Campuses Student Guild in respect of any property vested in the Guild pursuant to subsection (2) are hereby vested in and may be enforced by the Guild. (5) All liabilities of the Queensland University of Technology Northern Campuses Student Guild in respect of any property vested in the Guild pursuant to subsection (2) may be enforced against the Guild. (6) All suits, actions and proceedings and all causes of action pending or existing immediately prior to the cessation of the Queensland University of Technology Northern Campuses Student Guild pursuant to section 14 by or against the Queensland University of Technology Northern Campuses Student Guild may be carried on and prosecuted by or against the Guild and no such suit, action or proceeding shall abate or be prejudicially affected by this Act. (7) All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Queensland University of Technology Northern Campuses Student Guild existing at the cessation of the Queensland University of Technology Northern Campuses Student Guild pursuant to section 14 shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the Guild and may be enforced by or against the Guild accordingly. 16. Officers and employees of the Queensland University of Technology Northern Campuses Student Guild . (1) Any person who immediately prior to the cessation of the Queensland University of Technology Northern Campuses Student Guild pursuant to section 14 holds any office with the Queensland University of Technology Northern Campuses Student Guild as provided for in the constitution of the Queensland University of Technology Northern Campuses Student Guild shall go out of office forthwith on such cessation. (2) Any person who immediately prior to the cessation of the Queensland University of Technology Northern Campuses Student Guild pursuant to section 14 held any paid employment with the Queensland University of Technology Northern Campuses Student Guild other than as provided for in subsection (1) or who had been appointed to the staff of the Queensland University of Technology Northern Campuses Student Guild but had not taken up duty, shall continue in employment with the Guild, or be entitled to take up employment with the Guild, as the case may be, on the same terms and conditions of employment upon which that person was employed or had been appointed with or by the Queensland University of Technology Northern Campuses Student Guild.

Queensland University of Technology and Brisbane College 13 of Advanced Education Amalgamation Act 1990, No. 2 (3) A person who pursuant to subsection (2) becomes an employee of the Guild retains any rights accrued or accruing to that person as an employee of the Queensland University of Technology Northern Campuses Student Guild. Division 4-Provisions Relating to Students and Awards 17. Enrolment of students in courses . (1) Each person who was, immediately prior to the commencement of section 4, a student of the College enrolled in a course shall become, on that commencement, a student of the University and be enrolled in a course of study that is substantially the same, in academic content, as the course in which the student was enrolled at the College. (2) The University shall provide such courses of study as are necessary for the purposes of subsection (1). 18. Awards. (1) If a student is enrolled in a course of study pursuant to section 17 (1), the University shall give the student full credit in that course of study for work completed by the student in the course in which the student was previously enrolled and for which credit had been given by the College. (2) A student who satisfactorily completes a course and who has not been granted an academic award of the College by the date of commencement of section 4 shall be granted an academic award under the common seal of the University. Division 5 - Special Arrangements for Council of Queensland University of Technology 19. Term of appointment of certain members of Council of University. (1) Notwithstanding section 17 (1) of the QueenslandUniversity ofTechnologyAct 1988, the appointed members of the Council of the Queensland University of Technology appointed or elected as contemplated by- (a) section 8 (1) (d), (e), (f), (g ) and (h); and (b) section 8 (2), of that lastmentioned Act and, if appointed or elected prior to the commencement of this section, holding office immediately prior to that commencement, shall be deemed to hold office until 30 June 1990 or such later date as is specified in a Proclamation made at any time prior to 30 June 1990, and shall thereupon go out of office. (2) A casual vacancy on the Council of the Queensland University of Technology within the meaning of section 23 of the QueenslandUniversity of Technology Act 1988 shall be deemed to result from the termination of a term of appointment pursuant to subsection ( 1) (a).

14 Queensland University of Technology and Brisbane College of Advanced Education Amalgamation Act 1990, No. 2 Division 6-General Provisions 20. Compliance with accounts and audit requirements . The Council shall comply in all respects with the provisions of the FinancialAdministration and Audit Act 1977-1988 in the place of the Council of the College in respect of the financial year of the Council of the College ending 31 December 1989 (if such provisions have not been complied with prior to the commencement of section 5) and in respect of that part of the next financial year of the Council of the College that extends up to the commencement of section 5, and any financial statements prepared by the Council in respect of that period or those periods in the place of the Council of the College shall have the same force and effect as if they had been prepared by the Council of the College. 21. Compliance with annual reporting requirements . The Council shall comply in all respects with the provisions of the FinancialAdministration and Audit Act 1977-1988 in the preparation of the annual report on the operations of the Council of the College in respect of the year ending 31 December 1989 (if the Council of the College has not already done so prior to the commencement of section 5) and in respect of that part of the next financial year of the Council of the College that extends up to the commencement of section 5. 22. Savings . (1) Unless otherwise expressly prescribed, every approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement, prohibition, refusal, registration or other act of authority made, granted, issued, done or otherwise originated by the Council of the College under- (a) Division III of Part VIIA, Part VIII and Divisions I, II, III, V and VI of Part VIIIA of the Education Act 1964-1989; or (b) any regulation, by-law or rule made in respect of the College, Council of the College or Brisbane College of Advanced Education Union under the Education Act 1964-1989 in relation to the subject matter or operation of the Divisions and Parts of that Act referred to in subparagraph (a), shall, subject as hereinafter provided, continue in force as fully and effectually as if it had been granted, issued, done or otherwise originated under a corresponding provision of the Queensland University ofTechnology Act 1988 including a corresponding regulation, Statute or rule (and shall, where necessary, be deemed to have so originated) until it expires by effluxion of time or is rescinded, repealed, revoked, cancelled, suspended or otherwise determined by the Council (the Council being hereby authorized so to do): Provided that every such approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement, prohibition, refusal, registration or other act of authority shall be read and construed subject to this Act. (2) Nothing in this section limits the operation and effect of the Acts Interpretation Act 1954-1989.

Queensland University of Technology and Brisbane College 15 of Advanced Education Amalgamation Act 1990, No. 2 23. By-laws and rules. Subject to section 22, on and from the commencement of section 5, any by-laws or rules made by the Council of the College shall cease to have any force or effect. 24. Construction of references . Unless the context otherwise indicates or requires, a reference in any other Act, by-law, regulation or other statutory instrument to the Council of the College shall be read as a reference to the Council, and a reference to the College shall be read as a reference to the University. 25. Governor in Council may prescribe . The Governor in Council may by Order in Council prescribe with respect to all matters that are necessary or desirable for effectually achieving the objects and purposes of this Act. PART III-AMENDMENT OF QUEENSLAND UNIVERSITY OF TECHNOLOGY ACT 1988 26. Citation . (1) In this Part the Queensland University of TechnologyAct 1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Queensland University of Technology Act 1988-1990. 27. Amendment of s. 8. Constitution of the Council other than first Council . Section 8 of the Principal Act is amended by omitting from paragraph (e) of subsection (1) the words "one member who is a member" and substituting the words "two members who are members".