Consequential amendment of Administrative Law Act 1978
59
═══════════════
ENDNOTES
60
iv
Victoria
No. 26 of 2003
University Acts (Amendment) Act 2003†
[Assented to 13 May 2003]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the Acts establishing public universities in Victoria and the Victorian College of the Arts.
2. Commencement
(1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 2
Part 1—Preliminary
(2) If a provision of this Act does not come into
operation before 1 December 2004, it comes into operation on that day.
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
Part 2—Deakin University
s. 3
PART 2—DEAKIN UNIVERSITY
3. Further objects
See:
In section 5 of the Deakin University Act 1974—
Act No. 8610/1974.
(a) in paragraph (e) after "knowledge and"
Reprint No. 3
insert "the pursuit of the benefits of";
as at 11 October
(b) after paragraph (e) insert—
2001. LawToday:
"(ea) to promote critical enquiry within the university and in the general
dpc.vic.
gov.au
community;".
4. Payment of certain Council members
(1) Insert the following heading to section 8 of the
Deakin University Act 1974—
"Terms and conditions of office of Council members".
(2) At the end of section 8 of the Deakin University Act 1974 insert—
"(2) An elected or appointed member of the
Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
(3) The following persons are not entitled to be
paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—
(a)
a member of the Federal Parliament or the Legislative Council or the Legislative Assembly;
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 5
Part 2—Deakin University
(b)
the Chief Justice and other Justices of the High Court of Australia.
(4) A member of the Council is not to be taken to hold an office of profit under the Crown that would—
(a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or
(b)
make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)
subject the member to any liability or penalty under the Constitution Act 1975.".
5. New sections 19 and 19A inserted
For section 19 of the Deakin University Act 1974 substitute—
"19. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the rather than any constituent person or body who elected or appointed the member.
(2) A member of the Council must not make
improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 2—Deakin University
s. 6
19A. Pecuniary interests of Council members
(1) A member of the Council who has a pecuniary interest in a matter being considered or about to be considered by the
Council must, as soon as practicable, after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the Council or in writing addressed to the Chancellor.
(2) If the Chancellor receives a written
declaration under sub-section (1), the reported, at the next meeting of the Council.
(3) The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the
minutes of the meeting.
(4) After a declaration is made under sub-section (1) by a member of the Council—
(a)
unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and
(b)
the member is not entitled to vote on the matter; and
(c)
if the member does vote on the matter, the vote must be disallowed.".
6. Administration fee for trust funds
After section 34(5) of the Deakin University Act 1974 insert—
"(6) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 7
Part 2—Deakin University
trust fund as commission for the administration of that trust fund.
(7) The commission deducted in accordance with sub-section (6) is to be received and accepted by the University as full payment to
it for the costs of administration of the trust fund.
(8) The University must not make any other
charges on the trust fund in addition to the commission received under sub-section (7), except in accordance with the trust deed.".
7. New section 35 inserted
After section 34B of the Deakin University Act
1974 insert—
'35. Audit of corporations
(1) If the University—
(a)
forms, participates in the formation of, or is a member of, a corporation under section 34A(13A) that is not
incorporated or taken to be incorporated under the Corporations Act; and
(b)
has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%—
the accounts of the corporation shall be audited annually by the Auditor-General.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 2—Deakin University
s. 7
(2) The following provisions apply to the annual audit under sub-section (1)—
(a)
assisting the Auditor-General has with
the Auditor-General and any person corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;
(b)
the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be
prepared and submitted to the Auditor- General;
(c)
the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year;
(d)
the Auditor-General must forward to the Treasurer a copy of the audited annual accounts.
(3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General—
(a)
has right of access at all times to the books, securities, accounts and vouchers of the corporation; and
(b)
employee of the corporation or the University any information, assistance
may require from an officer or performance of the duties of the
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 8
Part 2—Deakin University
Auditor-General or person in relation to the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a member before the last preceding annual audit.
(6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under
this section if—
(a)
corporation in that place, the Auditor-
under the law applying to that of the corporation; or
(b)
in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required
to audit, the accounts.'.
8. Visitor has ceremonial functions only
After section 38(1) of the Deakin University Act
1974 insert—
"(1A) The Visitor has ceremonial functions only
respect to the resolution of disputes or any other matter concerning the affairs of the
and has no powers, duties or functions with exercise of ceremonial functions only).".
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 2—Deakin University
s. 9
9. New section 40 inserted
After section 39 of the Deakin University Act
1974 insert—
"40. Existing proceedings
(1) Section 38(1A) applies with respect to
disputes and other matters arising before the commencement of section 8 of the
University Acts (Amendment) Act 2003.
(2) If an inquiry by or authorised by the Visitor
commenced or been completed before the commencement of section 8 of the
into a dispute or other matter has been the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.".
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
s. 10
Part 3—La Trobe University
PART 3—LA TROBE UNIVERSITY
10. Further objects
See:
Act No.
After section 5(a)(ii) of the La Trobe University
7189/1964.
Act 1964 insert—
Reprint No. 4
as at
"and
10 September
1998 (iii) to promote critical enquiry within the
and
amending
university and in the general community; and (iv) to aid by research and other means the
Act Nos 53/1999, 11/2001 and
44/2001.
advancement of knowledge and the pursuit
LawToday:
of the benefits of its practical application;".
11. Payment of certain Council members
(1) Insert the following heading to section 8 of the
La Trobe University Act 1964—
"Terms and conditions of office of Council
members".
(2) At the end of section 8 of the La Trobe
University Act 1964 insert—
"(2) An elected or appointed member of the
Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 3—La Trobe University
s. 12
(3) The following persons are not entitled to be
paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—
(a)
a member of the Federal Parliament or the Legislative Council or the Legislative Assembly;
(b)
the Chief Justice and other Justices of the High Court of Australia.
(4) A member of the Council is not to be taken to hold an office of profit under the Crown that would—
(a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or
(b)
make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)
subject the member to any liability or penalty under the Constitution Act 1975.".
12. New sections 19 and 19A inserted
For section 19 of the La Trobe University Act
1964 substitute—
"19. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the rather than any constituent person or body who elected or appointed the member.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 12
Part 3—La Trobe University
(2) A member of the Council must not make
improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.
19A. Pecuniary interests of Council members
(1) A member of the Council who has a pecuniary interest in a matter being considered or about to be considered by the
Council must, as soon as practicable, after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the Council or in writing addressed to the Chancellor.
(2) If the Chancellor receives a written
declaration under sub-section (1), the reported, at the next meeting of the Council.
(3) The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the
minutes of the meeting.
(4) After a declaration is made under sub-section (1) by a member of the Council—
(a)
unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and
(b)
the member is not entitled to vote on the matter; and
(c)
if the member does vote on the matter, the vote must be disallowed.".
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 3—La Trobe University
s. 13
13. Administration fee for trust funds
After section 37(5) of the La Trobe University Act 1964 insert—
"(6) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that
trust fund as commission for the administration of that trust fund.
(7) The commission deducted in accordance with sub-section (6) is to be received and accepted by the University as full payment to
it for the costs of administration of the trust fund.
(8) The University must not make any other
charges on the trust fund in addition to the commission received under sub-section (7), except in accordance with the trust deed.".
14. New section 37C inserted
After section 37B of the La Trobe University
Act 1964 insert—
'37C. Audit of corporations
(1) If the University—
(a)
forms, participates in the formation of, or is a member of, a corporation under section 37A(11A) that is not
incorporated or taken to be incorporated under the Corporations Act; and
(b)
has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 14
Part 3—La Trobe University
"substantial holding" in that section is
to be read as 50%—
the accounts of the corporation shall be audited annually by the Auditor-General.
(2) The following provisions apply to the annual audit under sub-section (1)—
(a)
assisting the Auditor-General has with
the Auditor-General and any person corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;
(b)
the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be
prepared and submitted to the Auditor- General;
(c)
the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year;
(d)
the Auditor-General must forward to the Treasurer a copy of the audited annual accounts.
(3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General—
(a)
has right of access at all times to the books, securities, accounts and vouchers of the corporation; and
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 3—La Trobe University
s. 15
(b)
employee of the corporation or the University any information, assistance and explanations necessary for the
may require from an officer or Auditor-General or person in relation to the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a member before the last preceding annual audit.
(6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under
this section if—
(a)
corporation in that place, the Auditor-
under the law applying to that of the corporation; or
(b)
in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required
to audit, the accounts.'.
15. Visitor has ceremonial functions only
After section 42(1) of the La Trobe University
Act 1964 insert—
"(1A) The Visitor has ceremonial functions only
respect to the resolution of disputes or any other matter concerning the affairs of the
and has no powers, duties or functions with exercise of ceremonial functions only).".
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 16
Part 3—La Trobe University
16. New section 44 inserted
After section 43 of the La Trobe University Act
1964 insert—
"44. Existing proceedings
(1) Section 42(1A) applies with respect to
disputes and other matters arising before the commencement of section 15 of the
University Acts (Amendment) Act 2003.
(2) If an inquiry by or authorised by the Visitor
commenced or been completed before the commencement of section 15 of the
into a dispute or other matter has been the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.".
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
Part 4—Melbourne University
s. 17
PART 4—MELBOURNE UNIVERSITY
17. New section 4A inserted
See:
After section 4 of the Melbourne University Act
Act No.
1958 insert—
6405/1958. Reprint No. 5
"4A. Objects of the University
as at 10 September
The objects of the University include—
1998
and
amending
(a) to provide and maintain a teaching and learning environment of excellent
Act Nos
53/1999, 11/2001 and
quality offering higher education at an
44/2001.
international standard;
LawToday:
(b) to undertake scholarship, research and research training of international
dpc.vic.
gov.au
standing and to apply that scholarship and research to the advancement of knowledge and to the benefit of the well-being of the Victorian, Australian
and international communities;
(c)
to equip graduates of the University to excel in their chosen careers and to contribute to the life of the community;
(d)
to serve the Victorian, Australian and public interest by—
(i)
enriching cultural and community life;
(ii)
elevating public awareness of educational, scientific and artistic developments;
(iii)
promoting critical enquiry, informed intellectual discourse and public debate within the University and in the wider society;
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 18
Part 4—Melbourne University
(e)
to confer degrees and grant diplomas, certificates and other awards.".
18. Payment of certain council members
(1) Insert the following heading to section 6 of the
Melbourne University Act 1958—
"Terms and conditions of office of council members".
(2) After section 6(5) of the Melbourne University Act 1958 insert—
"(6) An elected or appointed member of the
council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the council, may be paid the remuneration and fees that are fixed from time to time by the
Minister for that member.
(7) The following persons are not entitled to be
paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—
(a)
a member of the Federal Parliament or the Legislative Council or the Legislative Assembly;
(b)
the Chief Justice and other Justices of the High Court of Australia.
(8) A member of the council is not to be taken to hold an office of profit under the Crown that would—
(a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 4—Melbourne University
s. 19
(b)
make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)
subject the member to any liability or penalty under the Constitution Act 1975.".
19. New sections 13 and 13A inserted
For section 13 of the Melbourne University Act
1958 substitute—
"13. Council member's responsibilities
(1) A member of the council is responsible to
the council for furthering the purposes of the council and the objects of the University rather than any constituent person or body who elected or appointed the member.
(2) A member of the council must not make
improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.
13A. Pecuniary interests of council members
(1) A member of the council who has a pecuniary interest in a matter being considered or about to be considered by the
council must, as soon as practicable, after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the council or in writing addressed to the Chancellor.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 20
Part 4—Melbourne University
(2) If the Chancellor receives a written
declaration under sub-section (1), the reported, at the next meeting of the council.
(3) The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the
minutes of the meeting.
(4) After a declaration is made under sub-section (1) by a member of the council—
(a)
unless the council otherwise directs, the member must not be present during any deliberation with respect to that matter; and
(b)
the member is not entitled to vote on the matter; and
(c)
if the member does vote on the matter, the vote must be disallowed.".
20. Administration fee for trust funds
At the end of section 39 of the Melbourne University Act 1958 insert—
"(2) The council may, out of the annual income
of a trust fund in an investment pool, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund.
(3) The commission deducted in accordance with sub-section (2) is to be received and accepted by the University as full payment to
it for the costs of administration of the trust fund.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 4—Melbourne University
s. 21
(4) The University must not make any other
charges on the trust fund in addition to the commission received under sub-section (3), except in accordance with the trust deed.".
21. New section 40C inserted
After section 40B of the Melbourne University
Act 1958 insert—
'40C. Audit of companies
(1) If the University—
(a)
forms, participates in the formation of, or is a member of, a company under section 40B that is not incorporated or taken to be incorporated under the Corporations Act; and
(b)
has a substantial holding in the company as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%—
the accounts of the company shall be audited annually by the Auditor-General.
(2) The following provisions apply to the annual audit under sub-section (1)—
(a)
the Auditor-General and any person respect to the accounts of the company all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 21
Part 4—Melbourne University
(b)
the company must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor- General;
(c)
the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the company during the year and the financial position of the company at the end of the year;
(d)
the Auditor-General must forward to the Treasurer a copy of the audited annual accounts.
(3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General—
(a)
has right of access at all times to the books, securities, accounts and vouchers of the company; and
(b)
employee of the company or the University any information, assistance and explanations necessary for the
may require from an officer or Auditor-General or person in relation to the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 4—Melbourne University
s. 22
(5) This section does not apply to a company of
which the University has ceased to be a member before the last preceding annual audit.
(6) The Auditor-General is not required to audit
the accounts of a company incorporated or formed in a place outside Australia under this section if—
(a)
under the law applying to that company in that place, the Auditor-General cannot be appointed as auditor of the company; or
(b)
in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required
to audit, the accounts.'.
22. Visitor has ceremonial functions only
After section 47(1) of the Melbourne University
Act 1958 insert—
"(1A) The Visitor has ceremonial functions only
respect to the resolution of disputes or any other matter concerning the affairs of the
and has no powers, duties or functions with exercise of ceremonial functions only).".
23. New section 49 inserted
After section 48 of the Melbourne University
Act 1958 insert—
"49. Existing proceedings
(1) Section 47(1A) applies with respect to
disputes and other matters arising before the commencement of section 22 of the University Acts (Amendment) Act 2003.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 23
Part 4—Melbourne University
(2) If an inquiry by or authorised by the Visitor
commenced or been completed before the commencement of section 22 of the
into a dispute or other matter has been the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.".
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
Part 5—Monash University
s. 24
PART 5—MONASH UNIVERSITY
24. Further objects
See:
In section 5 of the Monash University Act
Act No.
1958—
6184/1958. Reprint No. 4
(a) in paragraph (b) after "knowledge and"
as at 10 September
insert "the pursuit of the benefits of";
1998 and
(b) after paragraph (b) insert—
amending Act Nos
"(ba) to promote critical enquiry within the university and in the general
53/1999, 11/2001 and
44/2001.
community;".
LawToday:
dpc.vic. gov.au
25. Payment of certain Council members
(1) Insert the following heading to section 8 of the
Monash University Act 1958—
"Terms and conditions of office of Council members".
(2) At the end of section 8 of the Monash University Act 1958 insert—
"(2) An elected or appointed member of the
Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
(3) The following persons are not entitled to be
paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 26
Part 5—Monash University
(a)
a member of the Federal Parliament or the Legislative Council or the Legislative Assembly;
(b)
the Chief Justice and other Justices of the High Court of Australia.
(4) A member of the Council is not to be taken to hold an office of profit under the Crown that would—
(a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or
(b)
make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)
subject the member to any liability or penalty under the Constitution Act 1975.".
26. New sections 19 and 19A inserted
For section 19 of the Monash University Act
1958 substitute—
"19. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the rather than any constituent person or body who elected or appointed the member.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 5—Monash University
s. 26
(2) A member of the Council must not make
improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.
19A. Pecuniary interests of Council members
(1) A member of the Council who has a pecuniary interest in a matter being considered or about to be considered by the
Council must, as soon as practicable, after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the Council or in writing addressed to the Chancellor.
(2) If the Chancellor receives a written
declaration under sub-section (1), the reported, at the next meeting of the Council.
(3) The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the
minutes of the meeting.
(4) After a declaration is made under sub-section (1) by a member of the Council—
(a)
unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and
(b)
the member is not entitled to vote on the matter; and
(c)
if the member does vote on the matter, the vote must be disallowed.".
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 27
Part 5—Monash University
27. Administration fee for trust funds
After section 35A(5) of the Monash University Act 1958 insert—
"(6) The Council may, out of the income of a
trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund.
(7) The commission deducted in accordance with sub-section (6) is to be received and accepted by the University as full payment to
it for the costs of administration of the trust fund.
(8) The University must not make any other
charges on the trust fund in addition to the commission received under sub-section (7), except in accordance with the trust deed.".
28. New section 35C inserted
After section 35B of the Monash University Act
1958 insert—
'35C. Audit of corporations
(1) If the University—
(a)
forms, participates in the formation of, or is a member of, a corporation under section 35B(13A) that is not
incorporated or taken to be incorporated under the Corporations Act; and
(b)
has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 5—Monash University
s. 28
"substantial holding" in that section is
to be read as 50%—
the accounts of the corporation shall be audited annually by the Auditor-General.
(2) The following provisions apply to the annual audit under sub-section (1)—
(a)
assisting the Auditor-General has with
the Auditor-General and any person corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;
(b)
the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be
prepared and submitted to the Auditor- General;
(c)
the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year;
(d)
the Auditor-General must forward to the Treasurer a copy of the audited annual accounts.
(3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General—
(a)
has right of access at all times to the books, securities, accounts and vouchers of the corporation; and
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 29
Part 5—Monash University
(b)
employee of the corporation or the University any information, assistance and explanations necessary for the
may require from an officer or Auditor-General or person in relation to the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a member before the last preceding annual audit.
(6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under
this section if—
(a)
corporation in that place, the Auditor-
under the law applying to that of the corporation; or
(b)
in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required
to audit, the accounts.'.
29. Visitor has ceremonial functions only
After section 42(1) of the Monash University Act
1958 insert—
"(1A) The Visitor has ceremonial functions only
respect to the resolution of disputes or any other matter concerning the affairs of the
and has no powers, duties or functions with exercise of ceremonial functions only).".
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 5—Monash University
s. 30
30. New section 44 inserted
After section 43 of the Monash University Act
1958 insert—
"44. Existing proceedings
(1) Section 42(1A) applies with respect to
disputes and other matters arising before the commencement of section 29 of the
University Acts (Amendment) Act 2003.
(2) If an inquiry by or authorised by the Visitor
commenced or been completed before the commencement of section 29 of the
into a dispute or other matter has been the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.".
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
s. 31
Part 6—Royal Melbourne Institute of Technology
PART 6—ROYAL MELBOURNE INSTITUTE OF
TECHNOLOGY
31. Further object
See:
Act No.
After section 6(d) of the Royal Melbourne
45/1992.
Institute of Technology Act 1992 insert—
Reprint No. 3
as at
"(da) to promote critical enquiry within the
22 November
2001. university and in the general community;".
LawToday: dpc.vic.
gov.au
32. Payment of certain Council members
(1) Insert the following heading to section 8 of the Royal Melbourne Institute of Technology Act 1992—
"Terms and conditions of office of Council members".
(2) At the end of section 8 of the Royal Melbourne Institute of Technology Act 1992 insert—
"(2) An elected or appointed member of the
Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
(3) The following persons are not entitled to be
paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 6—Royal Melbourne Institute of Technology
s. 33
(a)
a member of the Federal Parliament or the Legislative Council or the Legislative Assembly;
(b)
the Chief Justice and other Justices of the High Court of Australia.
(4) A member of the Council is not to be taken to hold an office of profit under the Crown that would—
(a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or
(b)
make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)
subject the member to any liability or penalty under the Constitution Act 1975.".
33. New section 16A inserted
After section 16 of the Royal Melbourne
Institute of Technology Act 1992 insert—
"16A. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the rather than any constituent person or body who elected or appointed the member.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 34
Part 6—Royal Melbourne Institute of Technology
(2) A member of the Council must not make
improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.".
34. Administration fee for trust funds
After section 38(7) of the Royal Melbourne Institute of Technology Act 1992 insert—
"(8) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that
trust fund as commission for the administration of that trust fund.
(9) The commission deducted in accordance with sub-section (8) is to be received and accepted by the University as full payment to
it for the costs of administration of the trust fund.
(10) The University must not make any other
charges on the trust fund in addition to the commission received under sub-section (9), except in accordance with the trust deed.".
35. New section 40 inserted
After section 39 of the Royal Melbourne
Institute of Technology Act 1992 insert—
'40. Audit of corporations
(1) If the University—
(a)
forms, participates in the formation of, or is a member of, a corporation under section 39(14) that is not incorporated or taken to be incorporated under the
Corporations Act; and
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 6—Royal Melbourne Institute of Technology
s. 35
(b)
has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%—
the accounts of the corporation shall be audited annually by the Auditor-General.
(2) The following provisions apply to the annual audit under sub-section (1)—
(a)
assisting the Auditor-General has with
the Auditor-General and any person corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;
(b)
the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be
prepared and submitted to the Auditor- General;
(c)
the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year;
(d)
the Auditor-General must forward to the Treasurer a copy of the audited annual accounts.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 35
Part 6—Royal Melbourne Institute of Technology
(3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General—
(a)
has right of access at all times to the books, securities, accounts and vouchers of the corporation; and
(b)
employee of the corporation or the Council or the University any information, assistance and explanations necessary for the
may require from an officer or Auditor-General or person in relation to the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a member before the last preceding annual audit.
(6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under
this section if—
(a)
corporation in that place, the Auditor-
under the law applying to that of the corporation; or
(b)
in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required
to audit, the accounts.'.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 6—Royal Melbourne Institute of Technology
s. 36
36. Visitor has ceremonial functions only
After section 43(1) of the Royal Melbourne Institute of Technology Act 1992 insert—
"(1A) The Visitor has ceremonial functions only
respect to the resolution of disputes or any other matter concerning the affairs of the
and has no powers, duties or functions with exercise of ceremonial functions only).".
37. New section 65 inserted
After section 64 of the Royal Melbourne
Institute of Technology Act 1992 insert—
"65. Existing proceedings
(1) Section 43(1A) applies with respect to
disputes and other matters arising before the commencement of section 36 of the
University Acts (Amendment) Act 2003.
(2) If an inquiry by or authorised by the Visitor
commenced or been completed before the commencement of section 36 of the
into a dispute or other matter has been the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.".
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
s. 38
Part 7—Swinburne University of Technology
PART 7—SWINBURNE UNIVERSITY OF TECHNOLOGY
38. Further object
See:
Act No.
After section 6(d) of the Swinburne University
44/1992.
of Technology Act 1992 insert—
Reprint No. 3
as at
"(da) to promote critical enquiry within the
22 November
2001. university and in the general community;".
LawToday: dpc.vic.
gov.au
39. Payment of certain Council members
(1) Insert the following heading to section 8 of the
Swinburne University of Technology Act
1992—
"Terms and conditions of office of Council
members".
(2) At the end of section 8 of the Swinburne
University of Technology Act 1992 insert—
"(2) An elected or appointed member of the
Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
(3) The following persons are not entitled to be
paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 7—Swinburne University of Technology
s. 40
(a)
a member of the Federal Parliament or the Legislative Council or the Legislative Assembly;
(b)
the Chief Justice and other Justices of the High Court of Australia.
(4) A member of the Council is not to be taken to hold an office of profit under the Crown that would—
(a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or
(b)
make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)
subject the member to any liability or penalty under the Constitution Act 1975.".
40. New section 16A inserted
After section 16 of the Swinburne University of
Technology Act 1992 insert—
"16A. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the rather than any constituent person or body who elected or appointed the member.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 41
Part 7—Swinburne University of Technology
(2) A member of the Council must not make
improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.".
41. Administration fee for trust funds
After section 43(7) of the Swinburne University of Technology Act 1992 insert—
"(8) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that
trust fund as commission for the administration of that trust fund.
(9) The commission deducted in accordance with sub-section (8) is to be received and accepted by the University as full payment to
it for the costs of administration of the trust fund.
(10) The University must not make any other
charges on the trust fund in addition to the commission received under sub-section (9), except in accordance with the trust deed.".
42. New section 45 inserted
After section 44 of the Swinburne University of
Technology Act 1992 insert—
'45. Audit of corporations
(1) If the University—
(a)
forms, participates in the formation of, or is a member of, a corporation under section 44(14) that is not incorporated or taken to be incorporated under the
Corporations Act; and
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 7—Swinburne University of Technology
s. 42
(b)
has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%—
the accounts of the corporation shall be audited annually by the Auditor-General.
(2) The following provisions apply to the annual audit under sub-section (1)—
(a)
assisting the Auditor-General has with
the Auditor-General and any person corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;
(b)
the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be
prepared and submitted to the Auditor- General;
(c)
the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year;
(d)
the Auditor-General must forward to the Treasurer a copy of the audited annual accounts.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 42
Part 7—Swinburne University of Technology
(3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General—
(a)
has right of access at all times to the books, securities, accounts and vouchers of the corporation; and
(b)
employee of the corporation or the University any information, assistance and explanations necessary for the
may require from an officer or Auditor-General or person in relation to the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a member before the last preceding annual audit.
(6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under
this section if—
(a)
corporation in that place, the Auditor-
under the law applying to that of the corporation; or
(b)
in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required
to audit, the accounts.'.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 7—Swinburne University of Technology
s. 43
43. Visitor has ceremonial functions only
After section 48(1) of the Swinburne University of Technology Act 1992 insert—
"(1A) The Visitor has ceremonial functions only
respect to the resolution of disputes or any other matter concerning the affairs of the
and has no powers, duties or functions with exercise of ceremonial functions only).".
44. New section 69 inserted
After section 68 of the Swinburne University of
Technology Act 1992 insert—
"69. Existing proceedings
(1) Section 48(1A) applies with respect to
disputes and other matters arising before the commencement of section 43 of the
University Acts (Amendment) Act 2003.
(2) If an inquiry by or authorised by the Visitor
commenced or been completed before the commencement of section 43 of the
into a dispute or other matter has been the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.".
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
s. 45
Part 8—University of Ballarat
PART 8—UNIVERSITY OF BALLARAT
45. Further objects
See:
Act No.
For section 6(c) of the University of Ballarat Act
107/1993.
1993 substitute—
Reprint No. 1
as at
"(c) to promote critical enquiry within the
3 September
1998
university and in the general community; (ca) the promotion, advancement and
and
amending
Act Nos
53/1999,
transmission of knowledge and the
11/2001 and
promotion, advancement and the pursuit of
44/2001.
LawToday:
the benefits of the practical application of
research;".
dpc.vic. gov.au
46. Payment of certain Council members
(1) Insert the following heading to section 8 of the
University of Ballarat Act 1993—
"Terms and conditions of office of Council members".
(2) After section 8(3) of the University of Ballarat Act 1993 insert—
"(4) An elected or appointed member of the
Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 8—University of Ballarat
s. 47
(5) The following persons are not entitled to be
paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—
(a)
a member of the Federal Parliament or the Legislative Council or the Legislative Assembly;
(b)
the Chief Justice and other Justices of the High Court of Australia.
(6) A member of the Council is not to be taken to hold an office of profit under the Crown that would—
(a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or
(b)
make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)
subject the member to any liability or penalty under the Constitution Act 1975.".
47. New section 16A inserted
After section 16 of the University of Ballarat Act
1993 insert—
"16A. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the rather than any constituent person or body who elected or appointed the member.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 48
Part 8—University of Ballarat
(2) A member of the Council must not make
improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.".
48. Administration fee for trust funds
After section 36(7) of the University of Ballarat
Act 1993 insert—
"(8) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that
trust fund as commission for the administration of that trust fund.
(9) The commission deducted in accordance with sub-section (8) is to be received and accepted by the University as full payment to
it for the costs of administration of the trust fund.
(10) The University must not make any other
charges on the trust fund in addition to the commission received under sub-section (9), except in accordance with the trust deed.".
49. New section 38 inserted
After section 37 of the University of Ballarat Act
1993 insert—
'38. Audit of corporations
(1) If the University—
(a)
forms, participates in the formation of, or is a member of, a corporation under section 37(14) that is not incorporated or taken to be incorporated under the
Corporations Act; and
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 8—University of Ballarat
s. 49
(b)
has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%—
the accounts of the corporation shall be audited annually by the Auditor-General.
(2) The following provisions apply to the annual audit under sub-section (1)—
(a)
assisting the Auditor-General has with
the Auditor-General and any person corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;
(b)
the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be
prepared and submitted to the Auditor- General;
(c)
the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year;
(d)
the Auditor-General must forward to the Treasurer a copy of the audited annual accounts.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 49
Part 8—University of Ballarat
(3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General—
(a)
has right of access at all times to the books, securities, accounts and vouchers of the corporation; and
(b)
employee of the corporation or the University any information, assistance and explanations necessary for the
may require from an officer or Auditor-General or person in relation to the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a member before the last preceding annual audit.
(6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under
this section if—
(a)
corporation in that place, the Auditor-
under the law applying to that of the corporation; or
(b)
in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required
to audit, the accounts.'.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 8—University of Ballarat
s. 50
50. Visitor has ceremonial functions only
After section 41(1) of the University of Ballarat
Act 1993 insert—
"(1A) The Visitor has ceremonial functions only
respect to the resolution of disputes or any other matter concerning the affairs of the
and has no powers, duties or functions with exercise of ceremonial functions only).".
51. New section 72 inserted
After section 71 of the University of Ballarat Act
1993 insert—
"72. Existing proceedings
(1) Section 41(1A) applies with respect to
disputes and other matters arising before the commencement of section 50 of the
University Acts (Amendment) Act 2003.
(2) If an inquiry by or authorised by the Visitor
commenced or been completed before the commencement of section 50 of the
into a dispute or other matter has been the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.".
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
s. 52
Part 9—Victoria University of Technology
PART 9—VICTORIA UNIVERSITY OF TECHNOLOGY
52. Further object
See:
Act No.
After section 6(c) of the Victoria University of
21/1990.
Technology Act 1990 insert—
Reprint No. 2
as at
"(ca) to promote critical enquiry within the
10 September
1998 university and in the general community;".
and amending Act Nos 85/1998, 53/1999, 74/2000, 11/2001 and
44/2001.
LawToday:
53. Payment of certain Council members
(1) Insert the following heading to section 8 of the
Victoria University of Technology Act 1990—
"Terms and conditions of office of Council members".
(2) At the end of section 8 of the Victoria University of Technology Act 1990 insert—
"(2) An elected or appointed member of the
Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 9—Victoria University of Technology
s. 54
(3) The following persons are not entitled to be
paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—
(a)
a member of the Federal Parliament or the Legislative Council or the Legislative Assembly;
(b)
the Chief Justice and other Justices of the High Court of Australia.
(4) A member of the Council is not to be taken to hold an office of profit under the Crown that would—
(a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or
(b)
make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)
subject the member to any liability or penalty under the Constitution Act 1975.".
54. New section 16A inserted
After section 16 of the Victoria University of
Technology Act 1990 insert—
"16A. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the rather than any constituent person or body who elected or appointed the member.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 55
Part 9—Victoria University of Technology
(2) A member of the Council must not make
improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.".
55. Administration fee for trust funds
After section 41(7) of the Victoria University of Technology Act 1990 insert—
"(8) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that
trust fund as commission for the administration of that trust fund.
(9) The commission deducted in accordance with sub-section (8) is to be received and accepted by the University as full payment to
it for the costs of administration of the trust fund.
(10) The University must not make any other
charges on the trust fund in addition to the commission received under sub-section (9), except in accordance with the trust deed.".
56. New section 43 inserted
After section 42 of the Victoria University of
Technology Act 1990 insert—
'43. Audit of corporations
(1) If the University—
(a)
forms, participates in the formation of, or is a member of, a corporation under section 42(14) that is not incorporated or taken to be incorporated under the
Corporations Act; and
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 9—Victoria University of Technology
s. 56
(b)
has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%—
the accounts of the corporation shall be audited annually by the Auditor-General.
(2) The following provisions apply to the annual audit under sub-section (1)—
(a)
assisting the Auditor-General has with
the Auditor-General and any person corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;
(b)
the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be
prepared and submitted to the Auditor- General;
(c)
the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year;
(d)
the Auditor-General must forward to the Treasurer a copy of the audited annual accounts.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 56
Part 9—Victoria University of Technology
(3) Without limiting the generality of sub-
section (2)(a), the Auditor-General and any
person assisting the Auditor-General—
(a)
has right of access at all times to the books, securities, accounts and vouchers of the corporation; and
(b)
employee of the corporation or the University any information, assistance and explanations necessary for the
may require from an officer or Auditor-General or person in relation to the audit.
(4) The University must pay to the Consolidated
Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
(5) This section does not apply to a corporation
of which the University has ceased to be a member before the last preceding annual audit.
(6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under
this section if—
(a)
corporation in that place, the Auditor-
under the law applying to that of the corporation; or
(b)
in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required
to audit, the accounts.'.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 9—Victoria University of Technology
s. 57
57. Visitor has ceremonial functions only
After section 46(1) of the Victoria University of
Technology Act 1990 insert—
"(1A) The Visitor has ceremonial functions only
respect to the resolution of disputes or any other matter concerning the affairs of the
and has no powers, duties or functions with exercise of ceremonial functions only).".
58. New section 70 inserted
After section 69 of the Victoria University of
Technology Act 1990 insert—
"70. Existing proceedings
(1) Section 46(1A) applies with respect to
disputes and other matters arising before the commencement of section 57 of the
University Acts (Amendment) Act 2003.
(2) If an inquiry by or authorised by the Visitor
commenced or been completed before the commencement of section 57 of the
into a dispute or other matters has been the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.".
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
s. 59
Part 10—Victorian College of the Arts
PART 10—VICTORIAN COLLEGE OF THE ARTS
59. Further object
See:
Act No.
After section 5(c) of the Victorian College of the
9566/1981.
Arts Act 1981 insert—
Reprint No. 2
as at
"(ca) to promote critical enquiry within the
1 September
1997 College and in the general community;".
and amending Act Nos 100/1998 and 11/2001. LawToday:
dpc.vic.
gov.au
60. Payment of certain Council members
(1) Insert the following heading to section 8 of the
Victorian College of the Arts Act 1981—
"Terms and conditions of office of Council members".
(2) At the end of section 8 of the Victorian College of the Arts Act 1981 insert—
"(2) An elected or appointed member of the
Council, other than a member who holds a full-time office on the staff of the College, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
University Acts (Amendment) Act 2003
Act No. 26/2003
Part 10—Victorian College of the Arts
s. 61
(3) The following persons are not entitled to be
paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—
(a)
a member of the Federal Parliament or the Legislative Council or the Legislative Assembly;
(b)
the Chief Justice and other Justices of the High Court of Australia.
(4) A member of the Council is not to be taken to hold an office of profit under the Crown that would—
(a)
prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or
(b)
make void the member's election to the Legislative Council or the Legislative Assembly; or
(c)
prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or
(d)
subject the member to any liability or penalty under the Constitution Act 1975.".
61. New section 17A inserted
After section 17 of the Victorian College of the
Arts Act 1981 insert—
"17A. Council member's responsibilities
(1) A member of the Council is responsible to
the Council for furthering the purposes of the Council and the objects of the College rather than any constituent person or body who elected or appointed the member.
University Acts (Amendment) Act 2003
Act No. 26/2003
s. 62
Part 10—Victorian College of the Arts
(2) A member of the Council must not make
improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.".
62. Administration fee for trust funds
After section 34(5) of the Victorian College of the Arts Act 1981 insert—
"(6) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that
trust fund as commission for the administration of that trust fund.
(7) The commission deducted in accordance with sub-section (6) is to be received and accepted by the College as full payment to it
for the costs of administration of the trust
fund.
(8) The College must not make any other
charges on the trust fund in addition to the commission received under sub-section (7),
except in accordance with the trust deed.".
__________________ University Acts (Amendment) Act 2003
Act No. 26/2003
Part 11—Consequential Amendment
s. 63
PART 11—CONSEQUENTIAL AMENDMENT
63. Consequential amendment of Administrative Law Act 1978
Section 14 of the Administrative Law Act 1978 is repealed.
═══════════════ University Acts (Amendment) Act 2003
Act No. 26/2003
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Council: 10 April 2003
Legislative Assembly: 1 May 2003
The long title for the Bill for this Act was "to amend the Acts establishing public universities in Victoria and the Victorian College of the Arts and for other purposes."