Universities and Colleges of Advanced Education Act 1989 (Qld)

759 UNIVERSITIES r N COLLEGES OF ADVANCED EDUCATION ACT Noe 62 of 1989 ANAL YSIS OF CONTENTS 1. Short title 2. Commencement PART I-PRELIMINARY PART II-AMENDMENT OF JAMES COOK UNIVERSITY OF NORTH QUEENSLAND ACT 1970-1987 3. Citation 4. Amendment of s. 2. Division of Act 5. Amendment of s. 3. Interpretation 6. Amendment of s. 4. Establishment and incorporation of University 7. Amendment of s. 23. Functions of the University 8. Amendment of s. 33. University may accept gifts, etc., subject to conditions, and establish trust funds 9. New Part and ss. 38A-38D Formation of and participation in companies, etc. Use of facilities and staff Companies to furnish returns, etc. Audit requirements 10. Amendment of s. 39. Statutes PART III-AMENDMENT OF UNIVERSITY OF QUEENSLAND ACT 1965-1989 11. Citation 12. Amendment of s. 34. Statutes PART IV-AMENDMENT OF GRIFFITH UNIVERSITY ACT 1971-1987 13. Citation 14. Amendment of s. 2 . Division of Act 15. Amendment of s. 3. Interpretation 16. Amendment of s. 4. Establishment and incorporation of University 17. Amendment of s. 5 . Functions of the University 18. Repeal of and new s. 14A. Appointment of Pro-Vice - Chancellors 19. New Part and ss. 35A-35D Formation of and participation in companies, etc. Use of facilities and staff Companies to furnish returns, etc. Audit requirements 20. Amendment of s. 36 . Statutes 21. New s. 36A PART V-AMENDMENT OF EDUCATION ACT 1964-1988 22. Citation 23. Amendment of s. 62c. Council may make by-laws PART VI-AMENDMENT OF JAMES COOK UNIVERSITY OF NORTH QUEENSLAND AND TOWNSVILLE COLLEGE OF ADVANCED EDUCATION AMALGAMATION ACT 1981 24. Citation 25. Amendment of s. 4. Interpretation 26. Repeal of and new s. 10. Establishment of institute 27. Repeal of s. 11. Director of institute

760 A NN O TRICESIM O OCTAVO EL,IZA ET AE C N AE REGINAE 1 1 0. ,L2 ^ , An Act to amend the James CookUniversity of NorthQueenslandAct1970-1987 the University of Queensland Act 1965- 1989 the Griffith UniversityAct 1971-1987 the Education Act 1964-1989 and the JamesCook University of NorthQueenslandandTownsvilleCollege of AdvancedEducationAmalgamationAct 1981 each in ° certain particulars [ASSENTED TO 12TH MAY, 1989]

Universities and Colleges of Advanced Education Act 1989, No. 62 761 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 Universities and Colleges of Advanced Education Act 1989. 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. PART II-AMENDMENT OF JAMES COOK UNIVERSITY OF NORTH QUEENSLAND ACT 1970-1987 3. Citation . ( 1) In this Part the James Cook University of NorthQueenslandAct 1970- 1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the James Cook University of North Queensland Act 1970-1989. 4. Amendment of s. 2. Division of Act. Section 2 of the Principal Act is amended by inserting after the words "PART V-PROPERTY AND FINANCE (ss. 30-38);" the following words:- "PART VA-PROVISIONS RELATING TO COMPANIES, JOINT AGREEMENTS AND ARRANGEMENTS, AGREEMENTS FOR USE OF FACILITIES AND STAFF(ss. 38A-38D),". 5. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by inserting before the definition "Convocation" the following definition:- ""company" includes, for the purposes of sections 4 (2) (da), 38A, 38c and 38D, a corporation within the meaning of the Companies (Queensland) Code, an association or a partnership;". 6. Amendment of s. 4. Establishment and incorporation of Univer- sity. Section 4 of the Principal Act is amended by, in subsection (2), inserting after paragraph (d) the following paragraph:- "(da) causing the formation of companies, and becoming a mem- ber of or managing any company or companies for any purpose which may seem directly or indirectly calculated to further the objects, functions or powers of the University or to benefit the University in any way whatsoever;". 25

762 Universities and Colleges of Advanced Education Act 1989, No. 62 7. Amendment of s. 23. Functions of the University . Section 23 of the Principal Act is amended by, in paragraph (d), inserting after the word "diplomas" the following words:- 06. (e) to exploit commercially, for the benefit of the University, any facility or resource of the University including any study, research or knowledge, or the practical application thereof, developed by or belonging, whether alone or in conjunction with any other person or body, to the University". 8. Amendment of s. 33. University may accept gifts, etc ., subject to conditions , and establish trust funds . Section 33 of the Principal Act is amended by inserting after the words "Council may" the words "create or administer, or". 9. New Part and ss. 38A-38D . The Principal Act is amended by inserting after section 38 the following heading and sections:- "PART VA-PROVISIONS RELATING TO COMPANIES, JOINT AGREEMENTS AND ARRANGEMENTS, AGREEMENTS FOR USE OF FACILITIES AND STAFF 38A. Formation of and participation in companies , etc. (1) The University, in the performance of its functions under this Act and without limiting the provisions of section 4 (2) (da), may be a member of, or form or participate in the formation of, or manage a company, whether incorporated, established or entered into within or outside the State, the objects or purposes of which include one or more of the following objects or purposes:- (a) providing facilities or services for study, research or education; (b) undertaking research, development, consultancy or other services for commercial organizations, public bodies or individuals; (c) aiding or engaging in the development or promotion of University research or the application or use of the results of such research; (d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audio-visual material or computer software; (e) exploiting commercially any facility or resource of the University including any study, research or knowledge, or the practical application thereof, devel- oped by or belonging, whether alone or in conjunc- tion with any other person or body, to the University; (f) seeking or encouraging gifts to the University or for University purposes; (g) any other object or purpose not inconsistent with this Act which the Council considers to be appro- priate in the circumstances.

Universities and Colleges of Advanced Education Act 1989, No. 62 763 (2) The University, or any company of which the University is a member, or which is formed, participated in or managed by the University, may enter into any agreement or arrangement with any company the objects of which include one or more of the objects and purposes specified in subsection (1) (a) to (g) both inclusive, in respect of any of those lastmentioned objects and purposes. 38B. Use of facilities and staff. The University, in such circumstances and subject to such terms and conditions as the Council thinks fit, may contract or otherwise enter into an arrangement with any person or body for the use by him or it of the University's facilities and staff. 38c. Companies to furnish returns, etc . Any company- (a) formed by the University pursuant to section 38A; (b) managed by the University; or (c) of which the University becomes a member, shall furnish the Council with such reports, returns and infor- mation relative to the company's affairs as are from time to time required by the Council. 38D. Audit requirements . Section 461 of the Financial Admin- istration and Audit Act 1977-1988 applies, to the extent provided by that section, to any company associated with the University pursuant to section 38c.". 10. Amendment of s. 39. Statutes . Section 39 of the Principal Act is amended by- (a) in subsection (1)- (1) inserting after paragraph (xiiia) the following paragraph:- " (xiiib) the collection in respect of any fee, charge or other impo- sition arising from any higher education contribution scheme as provided for under any Act passed by the Commonwealth in respect thereof;"; (ii) inserting after paragraph (xva) the following paragraph:- "(xvb) the ownership and exploitation of inventions and discov- eries, that are the property of the University, made by the staff or enrolled students of the University;"; (b) in subsection (5), omitting the words "One hundred dollars" and substituting the words "five penalty units". PART III-AMENDMENT OF UNIVERSITY OF QUEENSLAND ACT 1965-1989 11. Citation . ( 1) In this Part the University of Queensland Act 1965-1989 is referred to as the Principal Act.

764 Universities and Colleges of Advanced Education Act 1989, No. 62 (2) The Principal Act as amended by this Part may be cited as the University of Queensland Act 1965-1989. 12. Amendment of s. 34. Statutes . Section 34 of the Principal Act is amended by (a) in subsection (1), inserting after paragraph (xiiia) the following paragraph:- "(xiiib) The collection in respect of any fee, charge or other imposition arising from any higher education contribution scheme as provided for under any Act passed by the Commonwealth in respect thereof;" (b) in subsection (4), omitting the expression "$200" and substituting the words "five penalty units". PART IV-AMENDMENT OF GRIFFITH UNIVERSITY ACT 1971-1987 13. Citation . ( 1) In this Part the Griffith University Act 1971-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Griffith University Act 1971-1989. 14. Amendment of s. 2. Division of Act. Section 2 of the Principal Act is amended by inserting after the words "PART IV-PROPERTY AND FINANCE (Ss. 27 -35)." the following words:- "PART IVA-PROVISIONS RELATING TO COMPANIES, JOINT AGREEMENTS AND ARRANGEMENTS, AGREEMENTS FOR USE OF FACILITIES AND STAFF (ss.35A-35D).". 15. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by inserting before the definition "Convocation" the following definition:- "company" includes, for the purposes of sections 4 (2) (db), 35A, 35C and 35D, a corporation within the meaning of the Companies (Queensland) Code, an association or a partnership;".

Universities and Colleges of Advanced Education Act 1989, No. 62 765 16. Amendment of s. 4. Establishment and incorporation of Uni- versity. Section 4 of the Principal Act is amended by, in subsection (2), inserting after the word "funds" in paragraph (da) the following words:- LL. (db) causing the formation of companies, and becoming a mem- ber of or managing any company or companies for any purpose which may seem directly or indirectly calculated to further the objects, functions or powers of the University or to benefit the University in any way whatsoever". 17. Amendment of s. 5. Functions of the University . Section 5 of the Principal Act is amended by, in subsection ( 1), inserting after the word "community" in paragraph (f) the following words:- 11 ; (g) to exploit commercially, for the benefit of the University, any facility or resource of the University including any study, research or knowledge, or the practical application thereof, developed by or belonging, whether alone or in conjunction with any other person or body, to the University". 18. Repeal of and new s . 14A. Appointment of Pro -Vice -Chancellors. The Principal Act is amended by repealing section 14A and substituting the following section:- "14A. Appointment of Deputy Vice- Chancellors and Pro-Vice- Chancellors . The Council may from time to time appoint Deputy Vice-Chancellors and Pro-Vice-Chancellors on such terms and conditions and to perform such functions as the Council from time to time determines.". 19. New Part and ss. 35A -35D. The Principal Act is amended by inserting after section 35 the following heading and sections:- "PART IVA-PROVISIONS RELATING TO COMPANIES, JOINT AGREEMENTS AND ARRANGEMENTS, AGREEMENTS FOR USE OF FACILITIES AND STAFF 35A. Formation of and participation in companies , etc. (1) The University, in the performance of its functions under this Act and without limiting the provisions of section 4 (2) (db), may be a member of, or form or participate in the formation of, or manage a company, whether incorporated, established or entered into within or outside the State, the objects or purposes

766 Universities and Colleges of Advanced Education Act 1989, No. 62 of which include one or more of the following objects or purposes:- (a) providing facilities or services for study, research or education; (b) undertaking research , development, consultancy or other services for commercial organizations , public bodies or individuals; (c) aiding or engaging in the development or promotion of University research or the application or use of the results of such research; (d) preparing , publishing , distributing or licensing the use of literary or artistic work, audio or audio-visual material or computer software; (e) exploiting commercially any facility or resource of the University including any study, research or knowledge, or the practical application thereof, devel- oped by or belonging , whether alone or in conjunc- tion with any other person or body, to the University; (f) seeking or encouraging gifts to the University or for University purposes; (g) any other object or purpose not inconsistent with this Act which the Council considers to be appro- priate in the circumstances. (2) The University, or any company of which the University is a member , or which is formed, participated in or managed by the University, may enter into any agreement or arrangement with any company the objects of which include one or more of the objects and purposes specified in subsection ( 1) (a) to (g) both inclusive, in respect of any of those lastmentioned objects and purposes. 35B. Use of facilities and staff . The University, in such circumstances and subject to such terms and conditions as the Council thinks fit, may contract or otherwise enter into an arrangement with any person or body for the use by him or it of the University 's facilities and staff. 35c. Companies to furnish returns, etc . Any company- (a) formed by the University pursuant to section 35A; (b) managed by the University; or (c) of which the University becomes a member, shall furnish the Council with such reports, returns and infor- mation relative to the company's affairs as are from time to time required by the Council. 35D. Audit requirements . Section 461 of the Financial Admin- istration and Audit Act 1977-1988 applies, to the extent provided by that section, to any company associated with the University pursuant to section 35c.".

Universities and Colleges of Advanced Education Act 1989, No. 62 767 20. Amendment of s. 36 . Statutes . Section 36 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting all words from and including the words "(1) The Council may from time" to and including the words "matters, that is to say-" and substituting the following words:- "(1) The Council may from time to time make Statutes not inconsistent with this Act for the carrying into effect of the several provisions, intentions and objects of the Act, and generally for the control, management, good government and discipline of the University. Without limiting the powers of the Council in that behalf, the Council may make Statutes with respect to all or any of the following matters, that is to say:- (ii) inserting after paragraph (xiiia) the following paragraph:- "(xiiib) the collection in respect of any fee, charge or other impo- sition arising from any higher education contribution scheme as provided for under any Act passed by the Commonwealth in respect thereof;"; (iii) omitting paragraph (xxi); (iv) inserting after paragraph (xxii) the following paragraph:- "(xxiia) the granting of financial and other assistance to students of the University;"; (b) in subsection (5), omitting the words "Two hundred dollars" and substituting the words "five penalty units". 21. New s. 36A. The Principal Act is amended by inserting after section 36 the following section:- "36A. Confirmation of certain powers, etc . (1) It is, and it is hereby declared always was, competent to the Council or any member thereof to contract or otherwise arrange with a student of the University for the provision of monetary loans to that student, in the case of such a loan made after the commencement of section 21 of the Universities and Colleges of Advanced Edu- cation Act 1989, subject to a Statute made pursuant to section 36 (1) (xxiia), and this section shall have retrospective effect accordingly. (2) Neither the Council nor any member or employee thereof shall be held to have exceeded its or his powers under the GriffithUniversity Act 1971-1987 in respect of a contract or arrangement of a kind referred to in subsection (1) and made prior to the commencement of section 21 of the Universities and Colleges ofAdvanced Education Act 1989.".

768 Universities and Colleges of Advanced Education Act 1989, No. 62 PART V-AMENDMENT OF EDUCATION ACT 1964-1989 22. Citation . ( 1) In this Part the Education Act 1964-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Education Act 1964-1989. 23. Amendment of s. 62c. Council may make by-laws. Section 62c of the Principal Act is amended by, in subsection (1), inserting after paragraph (ia) the following paragraphs: "(ib) the fees and charges, including fines, to be paid for admission to the college, examinations, for the granting of degrees, diplomas, and other awards, for tuition or attendance at the lectures and classes of the college, for the use of college facilities including residence and in respect of the union (and it is hereby declared has always had such power); (ic) the collection in respect of any fee, charge or other imposition arising from any higher education contribution scheme as provided for under any Act passed by the Commonwealth in respect thereof;". PART VI-AMENDMENT OF JAMES COOK UNIVERSITY OF NORTH QUEENSLAND AND TOWNSVILLE COLLEGE OF ADVANCED EDUCATION AMALGAMATION ACT 1981 24. Citation . (1) In this Part the James Cook University of North Queensland and Townsville College ofAdvanced Education Amalgamation Act 1981 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the James Cook University of North Queensland and Townsville College ofAdvanced Education Amalgamation Act 1981-1989. 25. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by omitting the definition "institute". 26. Repeal of and new s. 10. Establishment of institute . The Principal Act is amended by repealing section 10 and substituting the following section:- "10. Courses in advanced education . (1) The University shall, subject to subsection (2), offer the following courses in advanced education:- Associate Diploma in Community Welfare; Diploma of Performing Arts; Diploma of Teaching (which includes the Aboriginal and Islander Teacher Education Program); Bachelor of Education; Graduate Diploma in Aboriginal and Islander Education.

Universities and Colleges of Advanced Education Act 1989, No. 62 769 (2) The University, with the prior approval in writing of the Minister, may (a) omit or alter any of the courses specified in subsection (1); (b) substitute another course for any of those courses; or (c) add a course. The University shall give the Minister three months' notice of its intention to omit or alter any such course, substitute another course for any such course, or add a course. (3) The Minister may, in respect of a particular course or a particular class of course, exempt the University from complying with any of the provisions of subsection (2).". 27. Repeal of s. 11. Director of institute . The Principal Act is amended by repealing section 11.