University Legislation Amendment Act 2005 (Qld)

Queensland University Legislation Amendment Act 2005 Act No. 18 of 2005

Queensland University Legislation Amendment Act 2005 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of Central Queensland University Act 1998 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 16 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 17 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 17 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 17 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 18 16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 17 (When council is taken to be properly constituted) ..................................... 19 Amendment of s 18 (Appointed member’s term of office) . . . . . . 19 Amendment of s 19 (Elected member’s term of office) . . . . . . . . 19 Replacement of s 20 (Additional member’s term of office). . . . . . 19 20 Additional member’s term of office . . . . . . . . . . . . . . . 19 Amendment of s 20A (Dealing with casual vacancy in office of an elected member) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Replacement of s 21 (Failure to elect or appoint elected members) 20 21 Failure to elect elected member . . . . . . . . . . . . . . . . . 20 Replacement of s 23 (Ineligibility for membership of council) . . . 20 23 Ineligibility for membership of council. . . . . . . . . . . . . 20 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 21 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 21

2 University Legislation Amendment Act 2005 No. 18, 2005 Division 3A Members’ function, and removing elected, appointed and additional members from office 26A Member’s function, and obligations about function . . 22 26B Council may remove member from office . . . . . . . . . . 22 Division 3B Extending terms of office 26C Minister may extend terms of office . . . . . . . . . . . . . . 23 17 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 24 18 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 24 19 Omission of pt 4, div 1 (Convocation). . . . . . . . . . . . . . . . . . . . . . 24 20 Insertion of new s 40AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 40AA President of academic board . . . . . . . . . . . . . . . . . . . 24 21 Amendment of s 40A (Excluded matters for Corporations legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 22 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Part 4A Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president 40C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 25 40D Council may remove chancellor, vice-chancellor or president from office. . . . . . . . . . . . . . . . . . . . . . . . . . 26 40E Particular matters about removal of vice-chancellor. . 27 40F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 23 Amendment of s 57 (Making of university statutes) . . . . . . . . . . . 27 24 Amendment of s 61 (Forming and taking part in corporations) . . 28 25 Insertion of new ss 62A–62C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 62A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 28 62B Report about person’s criminal history . . . . . . . . . . . . 28 62C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 29 26 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 2 Transitional provisions for the University Legislation Amendment Act 2005 Subdivision 1 Preliminary 79 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Subdivision 2 Provisions about council membership 80 Continuation of official members . . . . . . . . . . . . . . . . 30 81 Appointment of new appointed members . . . . . . . . . . 30 82 Continuation, and term of office, of appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 83 Continuation of elected members. . . . . . . . . . . . . . . . 31 84 Ballot, and term of office, for elected members . . . . . 31

27 Part 3 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 3 University Legislation Amendment Act 2005 No. 18, 2005 85 Appointment of new additional members . . . . . . . . . . 86 Continuation, and term of office, of additional members ............................ 87 Council need not include additional members . . . . . . 88 Dealing with casual vacancy in office of elected member ............................. Subdivision 3 Constitution of council 89 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Griffith University Act 1998 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 17 (When council is taken to be properly constituted) ................................... Amendment of s 18 (Appointed member’s term of office) . . . . . . Amendment of s 19 (Elected member’s term of office) . . . . . . . . Replacement of s 20 (Additional member’s term of office). . . . . . 20 Additional member’s term of office . . . . . . . . . . . . . . . Replacement of s 23 (Ineligibility for membership of council) . . . 23 Ineligibility for membership of council. . . . . . . . . . . . . Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . Division 3A Members’ function, and removing elected, appointed and additional members from office 26A Member’s function, and obligations about function . . 26B Council may remove member from office . . . . . . . . . . Division 3B Extending terms of office 26C Minister may extend terms of office . . . . . . . . . . . . . . Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . Insertion of new pt 3, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 33 33 33 33 34 35 35 35 35 36 36 37 37 37 37 37 38 38 38 38 38 39 39 40 40 41 41 41

43 44 45 46 47 48 Part 4 49 50 4 University Legislation Amendment Act 2005 No. 18, 2005 Division 2 Matters about disqualification or removal from office 32A Disqualification from office . . . . . . . . . . . . . . . . . . . . . 32B Council may remove chancellor or vice-chancellor from office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32C Particular matters about removal of vice-chancellor. . 32D Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 61 (Making of university statutes) . . . . . . . . . . . Amendment of s 65 (Forming and taking part in corporations) . . Insertion of new ss 66A–66C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 66B Report about person’s criminal history . . . . . . . . . . . . 66C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . Amendment of pt 8 (Transitional provisions for Education(Miscellaneous Amendments) Act 2002) . . . . . . . . . . . . . . . . . . . Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provisions for the University Legislation Amendment Act 2005 Subdivision 1 Preliminary 81 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Provisions about council membership 82 Continuation of official member . . . . . . . . . . . . . . . . . 83 Appointment of new appointed members . . . . . . . . . . 84 Continuation, and term of office, of appointed members ............................ 85 Continuation of elected members. . . . . . . . . . . . . . . . 86 Ballot, and term of office, for elected members . . . . . 87 Appointment of new additional members . . . . . . . . . . 88 Continuation, and term of office, of additional members ............................ 89 Council need not include additional members . . . . . . 90 Dealing with casual vacancy in office of elected member ............................. Subdivision 3 Constitution of council 91 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of James Cook University Act 1997 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 42 43 43 44 44 44 44 45 45 46 46 47 47 47 48 48 48 48 50 50 50 50 50 51 52 52

5 University Legislation Amendment Act 2005 No. 18, 2005 51 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 53 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 52 Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 53 53 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 53 54 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 54 16 Additional member . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 55 Amendment of s 17 (When council is taken to be properly constituted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 56 Amendment of s 18 (Appointed member’s term of office) . . . . . . 54 57 Amendment of s 19 (Elected member’s term of office) . . . . . . . . 54 58 Replacement of s 20 (Additional member’s term of office). . . . . . 55 20 Additional member’s term of office . . . . . . . . . . . . . . . 55 59 Amendment of s 20A (Dealing with casual vacancy in office of an elected member) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 59A Replacement of s 21 (Failure to elect or appoint elected members) 56 21 Failure to elect elected members . . . . . . . . . . . . . . . . 56 60 Replacement of s 23 (Ineligibility for membership of council) . . . 56 23 Ineligibility for membership of council. . . . . . . . . . . . . 56 61 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 57 62 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 57 Division 3A Members’ function, and removing elected, appointed and additional members from office 26A Member’s function, and obligations about function . . 57 26B Council may remove member from office . . . . . . . . . . 58 Division 3B Extending terms of office 26C Minister may extend terms of office . . . . . . . . . . . . . . 59 63 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 59 64 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 60 65 Insertion of new s 40AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 40AA Chairperson of academic board . . . . . . . . . . . . . . . . . 60 66 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Part 4A Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and chairperson 40C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 60 40D Council may remove chancellor, vice-chancellor or chairperson from office. . . . . . . . . . . . . . . . . . . . . . . . 61 40E Particular matters about removal of vice-chancellor. . 62

67 68 69 70 71 Part 5 72 73 74 75 76 77 6 University Legislation Amendment Act 2005 No. 18, 2005 40F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 57 (Making of university statutes) . . . . . . . . . . . Amendment of s 61 (Forming and taking part in corporations) . . Insertion of new ss 62A–62C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 62B Report about person’s criminal history . . . . . . . . . . . . 62C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provisions for the University Legislation Amendment Act 2005 Subdivision 1 Preliminary 68 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Provisions about council membership 69 Continuation of official members . . . . . . . . . . . . . . . . 70 Appointment of new appointed members . . . . . . . . . . 71 Continuation, and term of office, of appointed members ............................. 72 Continuation of elected members. . . . . . . . . . . . . . . . 73 Ballot, and term of office, for elected members . . . . . 74 Appointment of new additional member . . . . . . . . . . . 75 Continuation, and term of office, of additional members ............................. 76 Council need not include additional members . . . . . . 77 Dealing with casual vacancy in office of elected member ............................. Subdivision 3 Constitution of council 78 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Queensland University of Technology Act1998 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 12 (Membership of council) . . . . . . . . . . . . . . . 12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 13 (Official members) . . . . . . . . . . . . . . . . . . . 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 62 63 63 63 63 64 65 65 65 65 66 66 66 66 68 68 68 68 68 69 70 70 70 70 71 71 71 71

7 University Legislation Amendment Act 2005 No. 18, 2005 16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 71 78 Amendment of s 18 (Appointed member’s term of office) . . . . . . 72 79 Amendment of s 19 (Elected member’s term of office) . . . . . . . . 72 80 Replacement of s 20 (Additional member’s term of office). . . . . . 72 20 Additional member’s term of office . . . . . . . . . . . . . . . 72 80A Amendment of s 20A (Dealing with casual vacancy in office of an elected member) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 80B Replacement of s 21 (Failure to elect or appoint elected members) 73 21 Failure to elect elected members . . . . . . . . . . . . . . . . 73 81 Replacement of s 23 (Ineligibility for membership of council) . . . 73 23 Ineligibility for membership of council. . . . . . . . . . . . . 73 82 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 74 83 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 74 Division 3A Members’ function, and removing elected, appointed and additional members from office 26A Member’s function, and obligations about function . . 75 26B Council may remove member from office . . . . . . . . . . 75 Division 3B Extending terms of office 26C Minister may extend terms of office . . . . . . . . . . . . . . 76 84 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 77 85 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 77 86 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Part 4A Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and chairperson 39B Disqualification from office . . . . . . . . . . . . . . . . . . . . . 77 39C Council may remove chancellor, vice-chancellor or chairperson from office. . . . . . . . . . . . . . . . . . . . . . . . 78 39D Particular matters about removal of vice-chancellor. . 79 39E Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 87 Amendment of s 56 (Making of university statutes) . . . . . . . . . . . 80 88 Amendment of s 60 (Forming and taking part in corporations) . . 80 89 Insertion of new ss 61A–61C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 61A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 80 61B Report about person’s criminal history . . . . . . . . . . . . 81 61C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 82 90 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Part 8 Transitional provisions for the University Legislation Amendment Act 2005

91 Part 6 92 93 94 95 96 97 98 99 100 101 102 103 104 105 8 University Legislation Amendment Act 2005 No. 18, 2005 Division 1 Preliminary 65 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Provisions about council membership 66 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Elected members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Appointment of new additional members . . . . . . . . . . 69 Continuation, and term of office, of additional members ............................ 70 Council need not include additional members . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of University of Queensland Act 1998 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Membership of senate . . . . . . . . . . . . . . . . . . . . . . . . 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 17 (When senate is taken to be properly constituted) ................................... Amendment of s 18 (Appointed member’s term of office) . . . . . . Amendment of s 19 (Elected member’s term of office) . . . . . . . . Replacement of s 20 (Additional member’s term of office). . . . . . 20 Additional member’s term of office . . . . . . . . . . . . . . . Replacement of s 23 (Ineligibility for membership of senate). . . . 23 Ineligibility for membership of senate . . . . . . . . . . . . . Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . Division 3A Members’ function, and removing elected, appointed and additional members from office 26A Member’s function, and obligations about function . . 26B Senate may remove member from office . . . . . . . . . . Division 3B Extending terms of office 26C Minister may extend terms of office . . . . . . . . . . . . . . Replacement of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . 30 Chancellor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 82 83 83 83 84 84 85 85 85 86 86 86 86 88 88 88 88 88 89 89 89 89 90 90 90 91 92 92 92

9 University Legislation Amendment Act 2005 No. 18, 2005 106 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 93 107 Omission of pt 4, div 1 (Convocation). . . . . . . . . . . . . . . . . . . . . . 93 108 Insertion of new s 35AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 35AA President of academic board . . . . . . . . . . . . . . . . . . . 93 109 Amendment of s 35A (Excluded matters for Corporations legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 110 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Part 4A Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president 35C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 94 35D Senate may remove chancellor, vice-chancellor or president from office. . . . . . . . . . . . . . . . . . . . . . . . . . 95 35E Particular matters about removal of vice-chancellor. . 95 35F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 111 Amendment of s 52 (Making of university statutes) . . . . . . . . . . . 96 112 Amendment of s 55 (Forming and taking part in corporations) . . 97 113 Insertion of new ss 56A–56C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 56A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 97 56B Report about person’s criminal history . . . . . . . . . . . . 97 56C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . 98 114 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 2 Transitional provisions for the University Legislation Amendment Act 2005 Subdivision 1 Preliminary 61 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Subdivision 2 Provisions about membership of senate 62 Continuation of official members . . . . . . . . . . . . . . . . 99 63 Appointment of new appointed members . . . . . . . . . . 99 64 Continuation of appointed members . . . . . . . . . . . . . 100 65 Continuation of elected members. . . . . . . . . . . . . . . . 100 66 Ballot, and term of office, for elected members . . . . . 100 67 Appointment of new additional members . . . . . . . . . . 101 68 Continuation of additional members. . . . . . . . . . . . . . 101 69 Senate need not include additional members . . . . . . 102 70 Dealing with casual vacancy in office of elected member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Subdivision 3 Constitution of senate 71 Constitution of senate. . . . . . . . . . . . . . . . . . . . . . . . . 102

115 Part 7 116 117 118 119 120 121 122 123 124 125 125A 126 127 128 129 130 131 132 133 10 University Legislation Amendment Act 2005 No. 18, 2005 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 102 Amendment of University of Southern Queensland Act 1998 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 104 Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 104 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 105 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 105 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 105 16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Amendment of s 17 (When council is taken to be properly constituted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Amendment of s 18 (Appointed member’s term of office) . . . . . . 106 Amendment of s 19 (Elected member’s term of office) . . . . . . . . 106 Replacement of s 20 (Additional member’s term of office). . . . . . 106 20 Additional member’s term of office . . . . . . . . . . . . . . . 106 Amendment of s 20A (Dealing with casual vacancy in office of particular elected members). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Replacement of s 21 (Failure to elect or appoint elected members) 107 21 Failure to elect elected member . . . . . . . . . . . . . . . . . 107 Replacement of s 23 (Ineligibility for membership of council) . . . 107 23 Ineligibility for membership of council. . . . . . . . . . . . . 107 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 108 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 108 Division 3A Members’ function, and removing elected, appointed and additional members from office 26A Member’s function, and obligations about function . . 109 26B Council may remove member from office . . . . . . . . . . 109 Division 3B Extending terms of office 26C Minister may extend terms of office . . . . . . . . . . . . . . 110 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 111 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 111 Insertion of new s 39AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 39AA Chairperson of academic board . . . . . . . . . . . . . . . . . 111 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 39C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 112

134 135 136 137 138 Part 8 139 140 141 142 11 University Legislation Amendment Act 2005 No. 18, 2005 39D Council may remove chancellor, vice-chancellor or chairperson from office. . . . . . . . . . . . . . . . . . . . . . . . 39E Particular matters about removal of vice-chancellor. . 39F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 56 (Making of university statutes) . . . . . . . . . . . Amendment of s 60 (Forming and taking part in corporations) . . Insertion of new ss 61A–61C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 61B Report about person’s criminal history . . . . . . . . . . . . 61C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provisions for the University Legislation Amendment Act 2005 Subdivision 1 Preliminary 77 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Provisions about council membership 78 Continuation of official members . . . . . . . . . . . . . . . . 79 Appointment of new appointed members . . . . . . . . . . 80 Continuation, and term of office, of appointed members ............................ 81 Continuation of elected members. . . . . . . . . . . . . . . . 82 Ballot, and term of office, for elected members . . . . . 83 Appointment of new additional members . . . . . . . . . . 84 Continuation, and term of office, of additional members ............................. 85 Council need not include additional members . . . . . . 86 Dealing with casual vacancy in office of elected member ............................. Subdivision 3 Constitution of council 87 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of University of the Sunshine Coast Act 1998 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 12 and 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Appointed members). . . . . . . . . . . . . . . . . . 113 113 114 114 115 115 115 115 116 116 116 117 117 117 118 118 119 119 119 119 120 120 121 121 122 122 122 122

12 University Legislation Amendment Act 2005 No. 18, 2005 143 Amendment of s 15 (Elected members) . . . . . . . . . . . . . . . . . . . . 123 144 Replacement of s 16 (Additional members) . . . . . . . . . . . . . . . . . 123 16 Additional members . . . . . . . . . . . . . . . . . . . . . . . . . . 123 145 Amendment of s 17 (When council is taken to be properly constituted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 146 Amendment of s 18 (Appointed member’s term of office) . . . . . . 124 147 Amendment of s 19 (Elected member’s term of office) . . . . . . . . 124 148 Replacement of s 20 (Additional member’s term of office). . . . . . 124 20 Additional member’s term of office . . . . . . . . . . . . . . . 124 149 Amendment of s 20A (Dealing with casual vacancy in office of an elected member) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 150 Amendment of s 22 (Casual vacancies). . . . . . . . . . . . . . . . . . . . 125 151 Replacement of s 23 (Ineligibility for membership of council) . . . 125 23 Ineligibility for membership of council. . . . . . . . . . . . . 125 152 Amendment of s 24 (Vacation of office) . . . . . . . . . . . . . . . . . . . . 126 153 Insertion of new pt 2, divs 3A and 3B. . . . . . . . . . . . . . . . . . . . . . 126 Division 3A Members’ function, and removing additional, appointed and elected members from office 26A Member’s function, and obligations about function . . 126 26B Council may remove member from office . . . . . . . . . . 127 Division 3B Extending terms of office 26C Minister may extend terms of office . . . . . . . . . . . . . . 128 154 Amendment of s 30 (Chancellor) . . . . . . . . . . . . . . . . . . . . . . . . . 128 155 Amendment of s 31 (Deputy chancellor) . . . . . . . . . . . . . . . . . . . 129 156 Omission of pt 4, div 1 (Convocation). . . . . . . . . . . . . . . . . . . . . . 129 157 Insertion of new s 40AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 40AA Chairperson of academic board . . . . . . . . . . . . . . . . . 129 158 Amendment of s 40A (Excluded matters for Corporations legislation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 159 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 40C Disqualification from office . . . . . . . . . . . . . . . . . . . . . 130 40D Council may remove chancellor, vice-chancellor or chairperson from office. . . . . . . . . . . . . . . . . . . . . . . . 131 40E Particular matters about removal of vice-chancellor. . 131 40F Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 160 Amendment of s 58 (Making of university statutes) . . . . . . . . . . . 132 161 Amendment of s 63 (Forming and taking part in corporations) . . 133 162 Insertion of new ss 64A–64C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133

163 164 Part 9 165 Schedule 13 University Legislation Amendment Act 2005 No. 18, 2005 64A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 64B Report about person’s criminal history . . . . . . . . . . . . 64C Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Transitional provisions for the University Legislation Amendment Act 2005 Subdivision 1 Preliminary 83 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Provisions about council membership 84 Continuation of official members . . . . . . . . . . . . . . . . 85 Appointment of new appointed members . . . . . . . . . . 86 Continuation, and term of office, of appointed members ............................. 87 Continuation of elected members. . . . . . . . . . . . . . . . 88 Ballot, and term of office, for elected members . . . . . 89 Appointment of new additional members . . . . . . . . . . 90 Continuation, and term of office, of additional members ............................. 91 Council need not include additional members . . . . . . 92 Dealing with casual vacancy in office of elected member ............................ Subdivision 3 Constitution of council 93 Constitution of council . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Consequential and other amendments Consequential and other amendments . . . . . . . . . . . . . . . . . . . . Consequential and other amendments . . . . . . . . . . . . . . . . CentralQueenslandUniversityAct1998 . . . . . . . . . . . . . . . . . . . GriffithUniversityAct1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JamesCookUniversityAct1997 . . . . . . . . . . . . . . . . . . . . . . . . . QueenslandUniversityofTechnologyAct1998 . . . . . . . . . . . . . . UniversityofQueenslandAct1998 . . . . . . . . . . . . . . . . . . . . . . . UniversityofSouthernQueenslandAct1998 . . . . . . . . . . . . . . . UniversityoftheSunshineCoastAct1998 . . . . . . . . . . . . . . . . . 133 133 134 134 134 135 135 135 136 136 137 137 137 138 138 138 140 141 141 142 143 144 145 146 148

Queensland University Legislation Amendment Act 2005 Act No. 18 of 2005 An Act to amend the Central Queensland University Act 1998 , Griffith University Act 1998 , James Cook University Act 1997 , Queensland University of Technology Act 1998 , University ofQueensland Act 1998 , University of Southern Queensland Act1998 and University of the Sunshine Coast Act 1998 [Assented to 19 May 2005]

s 1 16 s 3 University Legislation Amendment Act 2005 No. 18, 2005 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the University Legislation Amendment Act 2005 . Part 2 Amendment of Central Queensland University Act 1998 2 Act amended in pt 2 This part amends the CentralQueenslandUniversityAct1998 . 3 Amendment of s 11 (Delegation) Section 11— insert— ‘(3) Despite subsection (2)(c), the council may delegate its power to approve spending of funds available to the university by way of bequest, donation or special grant if— (a) the expenditure is for a matter funded by bequest, donation or special grant; and (b) the amount of expenditure for the matter is not more than $100 000.’.

s 4 17 s 6 University Legislation Amendment Act 2005 No. 18, 2005 4 Replacement of ss 12 and 13 Sections 12 and 13— omit, insert— ‘12 Membership of council ‘The council consists of official members, appointed members, elected members and additional members. ‘13 Official members ‘(1) There are 3 official members. ‘(2) The official members are— (a) the chancellor; and (b) the vice-chancellor; and (c) the president of the academic board.’. 5 Amendment of s 14 (Appointed members) Section 14(1), ‘8’— omit, insert— ‘5’. 6 Amendment of s 15 (Elected members) (1) Section 15(1), ‘7’— omit, insert— ‘3’. (2) Section 15(2)(a) and (b)— omit, insert— ‘(a) 1 member of the full-time or part-time academic staff; and (b) 1 member of the full-time or part-time general staff; and’. (3) Section 15(2)(d)— omit.

s 7 18 s 7 University Legislation Amendment Act 2005 No. 18, 2005 (4) Section 15(3)(a) and (b)— omit, insert — ‘(a) for an elected member mentioned in subsection (2)(a)— (i) all the members of the full-time academic staff, and those members of the part-time academic staff eligible under a university statute, may vote; or (ii) if a statute under subparagraph (i) is not in force, all the members of the full-time and part-time academic staff may vote; or (b) for an elected member mentioned in subsection (2)(b)— (i) all the members of the full-time general staff, and those members of the part-time general staff eligible under a university statute, may vote; or (ii) if a statute under subparagraph (i) is not in force, all the members of the full-time and part-time general staff may vote; or’. (5) Section 15(3)(d)— omit. (6) Section 15(4)— omit. 7 Replacement of s 16 (Additional members) Section 16— omit, insert— ‘16 Additional members ‘(1) There are 4 additional members. ‘(2) The council must appoint the additional members. ‘(3) The council must appoint at least 2 graduates of the university as additional members. ‘(4) An additional member must not be a student or a member of the university’s academic staff or general staff.’.

s 8 19 s 11 University Legislation Amendment Act 2005 No. 18, 2005 8 Amendment of s 17 (When council is taken to be properly constituted) Section 17, ‘12’— omit, insert— ‘8’. 9 Amendment of s 18 (Appointed member’s term of office) Section 18, ‘3 years’— omit, insert— ‘4 years’. 10 Amendment of s 19 (Elected member’s term of office) (1) Section 19(1)— omit, insert— ‘(1) An elected member mentioned in section 15(2)(a) or (b) holds office for 4 years. ‘(1A) An elected member mentioned in section 15(2)(c) holds office for 2 years.’. (2) Section 19(2)(a), ‘or reappointed’— omit. (3) Section 19(1A) and (2)— renumber as section 19(2) and (3). 11 Replacement of s 20 (Additional member’s term of office) Section 20— omit, insert— ‘20 Additional member’s term of office ‘An additional member is to be appointed for a term of not more than 4 years decided by the council.’.

s 12 20 s 14 University Legislation Amendment Act 2005 No. 18, 2005 12 Amendment of s 20A (Dealing with casual vacancy in office of an elected member) (1) Section 20A(5)— omit, insert— ‘(5) Despite subsection (4), if the elected member was a student, the council may appoint a student to the office.’. (2) Section 20A(7)— omit. 13 Replacement of s 21 (Failure to elect or appoint elected members) Section 21— omit, insert— ‘21 Failure to elect elected member ‘(1) If an entity permitted to elect an elected member does not elect a person as the elected member by a day fixed by the council by notice given to the entity, the Minister may appoint a member of the entity as the elected member. ‘(2) The council may, if asked by the Minister, nominate a person for appointment under subsection (1). ‘(3) A person appointed under subsection (1) is taken to have been elected by the entity under section 15. ‘(4) This section applies to the periodic election of members and an election required because of a casual vacancy.’. 14 Replacement of s 23 (Ineligibility for membership of council) Section 23— omit, insert— ‘23 Ineligibility for membership of council ‘(1) A person is not eligible to become an elected, appointed or additional member if— (a) the person is disqualified from managing corporations under the Corporations Act, part 2D.6; 1 or

s 15 21 s 16 University Legislation Amendment Act 2005 No. 18, 2005 (b) the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a). ‘(2) Also, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for 12 years or more, whether continuously or not. ‘(3) Subsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member. ‘(4) Subsection (1)(b) is subject to sections 25 and 26.’. 15 Amendment of s 24 (Vacation of office) (1) Section 24(1)(f) and (g)— omit, insert— ‘(f) the member is removed from office under section 26B; or (g) the member is disqualified from managing corporations under the Corporations Act, part 2D.6; or (h) the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (g).’. (2) Section 24(2)— omit, insert— ‘(2) Subsection (1)(h) is subject to sections 25 and 26.’. 16 Insertion of new pt 2, divs 3A and 3B After section 26— insert— 1 Corporations Act, part 2D.6 (Disqualification from managing corporations)

s 16 22 s 16 University Legislation Amendment Act 2005 No. 18, 2005 ‘Division 3A Members’ function, and removing elected, appointed and additional members from office ‘26A Member’s function, and obligations about function ‘(1) A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently. ‘(2) In performing the function, a member— (a) must act honestly and in the best interests of the university; and (b) must exercise reasonable skill, care and diligence; and (c) must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and (d) must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person. ‘26B Council may remove member from office ‘(1) The council may remove an elected, appointed or additional member from office if at least 10 members are satisfied the member has not complied with— (a) section 26A(2); or (b) a conduct obligation. ‘(2) If the council decides to remove a member from office under subsection (1), the council must as soon as practicable— (a) give the member notice of the decision and the reasons for it; and (b) if the member is an appointed member—give the Minister a copy of the notice.

s 16 23 s 16 University Legislation Amendment Act 2005 No. 18, 2005 ‘(3) If the council gives a member a notice under subsection (2)(a), the member’s term of office ends on the later of the following— (a) the day the member receives the notice; (b) the day, if any, stated in the notice for that purpose. ‘(4) The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the ActsInterpretationAct1954 , section 25(1)(b)(i) or (iii). 2 ‘Division 3B Extending terms of office ‘26C Minister may extend terms of office ‘(1) The Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension— (a) is in the best interests of the university; and (b) is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently. ‘(2) If the Minister acts under subsection (1), the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members. ‘(3) The extension applies only to members holding office when the notice is given under subsection (1). ‘(4) This section— (a) does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1); and (b) applies despite sections 18, 19(1) and (2) and 20.’. 2 ActsInterpretationAct1954 , section 25 (Powers of appointment imply certain incidental powers)

s 17 24 s 21 University Legislation Amendment Act 2005 No. 18, 2005 17 Amendment of s 30 (Chancellor) (1) Section 30(4)— renumber as section 30(5). (2) Section 30— insert— ‘(4) The person elected must not be a student or a member of the university’s academic staff or general staff.’. 18 Amendment of s 31 (Deputy chancellor) Section 31(3), ‘3 years’— omit, insert— ‘4 years’. 19 Omission of pt 4, div 1 (Convocation) Part 4, division 1— omit. 20 Insertion of new s 40AA Part 4, division 4, after section 40— insert— ‘40AA President of academic board ‘(1) There is to be a president of the academic board. ‘(2) The council must decide who is the president. ‘(3) The president holds office for the term, not longer than 3 years, decided by the council.’. 21 Amendment of s 40A (Excluded matters for Corporations legislation) (1) Section 40A(1)(a)— omit.

s 22 25 s 22 University Legislation Amendment Act 2005 No. 18, 2005 (2) Section 40A(1)(b) and (c)— renumber as section 40A(1)(a) and (b). 22 Insertion of new pt 4A Before part 5— insert— ‘Part 4A Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and president ‘40C Disqualification from office ‘(1) A person can not become, or continue as, the chancellor, vice-chancellor or president if— (a) the person is disqualified from managing corporations under the Corporations Act, part 2D.6; or (b) subject to subsections (2) to (4), the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a). ‘(2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1)(b) of which the person has been convicted, the council may— (a) if the person was the chancellor, vice-chancellor or president when convicted—give notice to the person that the person— (i) is restored as the chancellor, vice-chancellor or president; and (ii) may be later re-elected or reappointed, despite the conviction; or (b) otherwise—give written approval for the person to become the chancellor, vice-chancellor or president despite the conviction.

s 22 26 s 22 University Legislation Amendment Act 2005 No. 18, 2005 ‘(3) On the day the person receives a notice under subsection (2)(a)— (a) the person is restored as the chancellor, vice-chancellor or president; and (b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends. ‘(4) If a person is restored as the chancellor, vice-chancellor or president under subsection (3), the person’s term of office as the chancellor, vice-chancellor or president ends when it would have ended if the person had not been convicted of the offence. ‘40D Council may remove chancellor, vice-chancellor or president from office ‘(1) The council may remove the chancellor, vice-chancellor or president from office if at least 10 members are satisfied the chancellor, vice-chancellor or president has not complied with— (a) section 26A(2); 3 or (b) a conduct obligation. ‘(2) If the council decides to remove the chancellor, vice-chancellor or president from office under subsection (1), the council must as soon as practicable give the chancellor, vice-chancellor or president notice of the decision and the reasons for it. ‘(3) The chancellor’s, vice-chancellor’s or president’s term of office ends on the later of the following— (a) the day he or she receives the notice; (b) the day, if any, stated in the notice for that purpose. 3 Section 26A (Member’s function, and obligations about function)

s 23 27 s 23 University Legislation Amendment Act 2005 No. 18, 2005 ‘40E Particular matters about removal of vice-chancellor ‘(1) The council may remove the vice-chancellor from office under section 40D despite the vice-chancellor’s terms of appointment. ‘(2) If the council removes the vice-chancellor from office under section 40D— (a) the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and (b) the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— (i) the appointment had been ended as permitted under the terms of appointment; or (ii) his or her term of office had ended. ‘40F Vacation of office ‘(1) The office of the chancellor, vice-chancellor or president becomes vacant if he or she— (a) can not continue as the chancellor, vice-chancellor or president under section 40C; or (b) is removed from office under section 40D. ‘(2) The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.’. 23 Amendment of s 57 (Making of university statutes) (1) Section 57(2)(e)— omit. (2) Section 57(2)(f), after ‘members’— insert — ‘, including the voting rights of part-time academic staff and part-time general staff’.

s 24 28 s 25 University Legislation Amendment Act 2005 No. 18, 2005 (3) Section 57(2)— insert— ‘(fa) the process for removing a person from office under section 26B or 40D; 4 (fb) the spending of funds under a delegation under section 11(3);’. (4) Section 57(2)(f) to (j)— renumber as section 57(2)(e) to (k). 24 Amendment of s 61 (Forming and taking part in corporations) Section 61(1), ‘include’— omit, insert— ‘include any of’. 25 Insertion of new ss 62A–62C After section 62— insert— ‘62A Protection from liability ‘(1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. ‘(2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university. ‘62B Report about person’s criminal history ‘(1) To decide whether to recommend to the Governor in Council a person for appointment under section 14(2) as an appointed member, the Minister may ask the commissioner of the police service for— 4 Section 26B (Council may remove member from office) or 40D (Council may remove chancellor, vice-chancellor or president from office)

s 25 29 s 25 University Legislation Amendment Act 2005 No. 18, 2005 (a) a written report about the person’s criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the criminal history. ‘(2) To decide whether a person is eligible to be the chancellor, vice-chancellor or president, or an elected or additional member, the council may ask the commissioner of the police service for— (a) a written report about the person’s criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the criminal history. ‘(3) The commissioner of the police service must comply with a request under subsection (1) or (2). ‘(4) However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request. ‘(5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access. ‘(6) The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. ‘(7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation ofOffenders) Act 1986 , other than spent convictions. ‘62C Delegation by Minister ‘The Minister may delegate the Minister’s power under section 62B(1) to an appropriately qualified officer of the department.’.

s 26 30 s 26 University Legislation Amendment Act 2005 No. 18, 2005 26 Insertion of new pt 8, div 2 Part 8, after section 78— insert— ‘Division 2 Transitional provisions for the University Legislation Amendment Act 2005 ‘Subdivision 1 Preliminary ‘79 Definitions for div 2 ‘In this division— commencement means the commencement of the provision in which the term is used. new additional members see section 85. new appointed members see section 81(2). pre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act2005 , part 2. ‘Subdivision 2 Provisions about council membership ‘80 Continuation of official members ‘Despite section 13, a person who was an official member under section 13(2)(c) or (e) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start. ‘81 Appointment of new appointed members ‘(1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 5 persons for appointment, under section 14(2), as appointed members.

s 26 31 s 26 University Legislation Amendment Act 2005 No. 18, 2005 ‘(2) The Governor in Council may appoint the persons as appointed members (the new appointed members ). ‘82 Continuation, and term of office, of appointed members ‘(1) This section applies to a person who was an appointed member immediately before the commencement. ‘(2) Despite section 14(1), the person continues as an appointed member until— (a) the person’s term of office ends under subsection (3); or (b) the person’s office sooner becomes vacant. ‘(3) Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start. ‘83 Continuation of elected members ‘(1) This section applies to a person who was an elected member immediately before the commencement. ‘(2) Despite section 15(1) and (2), the person continues as an elected member until— (a) the person’s term of office ends under section 84; or (b) the person’s office sooner becomes vacant. ‘(3) Despite section 19(1) and (2), the person’s term of office is 3 years. ‘84 Ballot, and term of office, for elected members ‘(1) At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members. ‘(2) Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act. ‘(3) The person’s term of office ends when the elected member mentioned in section 15(2)(a) of the post-amended Act is elected under the ballot.

s 26 32 s 26 University Legislation Amendment Act 2005 No. 18, 2005 ‘(4) Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act. ‘(5) The person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot. ‘(6) Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act. ‘(7) The person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot. ‘(8) Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act. ‘(9) The person’s term of office ends when the new additional members’ terms of office start. ‘(10) A person is taken to be elected under the ballot when the new appointed members’ terms of office start. ‘(11) Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start. ‘(12) Subsections (3), (5), (7) and (9) apply despite section 83(3). ‘(13) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act2005 , part 2. ‘85 Appointment of new additional members ‘The council must, within 1 year after the commencement, appoint 4 persons as additional members (the new additional members ) under section 16.

s 26 33 s 26 University Legislation Amendment Act 2005 No. 18, 2005 ‘86 Continuation, and term of office, of additional members ‘(1) A person who was an additional member immediately before the commencement continues as an additional member until— (a) the person’s term of office ends under subsection (2); or (b) the person’s office sooner becomes vacant. ‘(2) Despite section 20, the person’s term of office ends when the new additional members’ terms of office start. ‘87 Council need not include additional members ‘Despite section 12, the council need not include additional members before the new additional members’ terms of office start. ‘88 Dealing with casual vacancy in office of elected member ‘(1) This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 84(1) is conducted. ‘(2) For appointing or electing a person to the office, the pre-amended Act continues to apply as if the UniversityLegislation Amendment Act 2005 , part 2, had not commenced. ‘Subdivision 3 Constitution of council ‘89 Constitution of council ‘(1) This section applies until the new appointed members’ terms of office start. ‘(2) Despite section 17, the council is taken to be properly constituted when it has 12 or more members, whether they be additional, appointed, elected or official members.’.

s 27 34 s 27 University Legislation Amendment Act 2005 No. 18, 2005 27 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition indictable offence — omit. (2) Schedule 2— insert— ‘ commencement , for part 8, division 2, see section 79. commencing day , for part 8, division 1, see section 66. conduct obligation , in relation to a member, means an obligation that— (a) is stated in the university’s approved code of conduct under the Public Sector Ethics Act 1994 ; and (b) must be complied with by the member. continuing corporation , for part 8, division 1, see section 66. conviction means a conviction other than a spent conviction. former corporation , for part 8, division 1, see section 66. indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, 5 applies to the indictable offence. new additional members , for part 8, division 2, see section 79. new appointed members , for part 8, division 2, see section 79. notice means written notice. pre-amended Act , for part 8, division 2, see section 79. president means the president of the academic board. previous council , for part 8, division 1, see section 66. repealed Act , for part 8, division 1, see section 66. spent conviction means a conviction— 5 Criminal Code, section 659 (Effect of summary conviction for indictable offences)

s 28 35 s 29 University Legislation Amendment Act 2005 No. 18, 2005 (a) for which the rehabilitation period under the CriminalLaw (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 6 of that Act. union , for part 8, division 1, see section 66.’. (3) Schedule 2, definition elected member , ‘or appointed’— omit . Part 3 Amendment of Griffith University Act 1998 28 Act amended in pt 3 This part amends the Griffith University Act 1998 . 29 Replacement of ss 12 and 13 Sections 12 and 13— omit, insert— ‘12 Membership of council ‘The council consists of official members, appointed members, elected members and additional members. ‘13 Official members ‘(1) There are 2 official members. ‘(2) The official members are— (a) the chancellor; and (b) the vice-chancellor.’. 6 CriminalLaw(RehabilitationofOffenders)Act1986 , section 11 (Revival of convictions)

s 30 36 s 31 University Legislation Amendment Act 2005 No. 18, 2005 30 Amendment of s 14 (Appointed members) Section 14(1), ‘8’— omit, insert— ‘7’. 31 Amendment of s 15 (Elected members) (1) Section 15(1), ‘12’— omit, insert— ‘5’. (2) Section 15(2)(a), ‘4’— omit, insert— ‘2’. (3) Section 15(2)(b), ‘2 members’— omit, insert— ‘1 member’. (4) Section 15(2)(c) and (d)— omit, insert— ‘(c) 1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b); and (d) 1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b).’. (5) Section 15(3), ‘mentioned in subsection (2)(a) to (d)’— omit. (6) Section 15(3)(c), before ‘students’— insert— ‘undergraduate’. (7) Section 15(3)(d), ‘members of the convocation’— omit, insert— ‘postgraduate students’.

s 32 37 s 35 University Legislation Amendment Act 2005 No. 18, 2005 32 Replacement of s 16 (Additional members) Section 16— omit, insert— ‘16 Additional members ‘(1) There are 4 additional members. ‘(2) The council must appoint the additional members. ‘(3) The council must appoint at least 2 graduates of the university as additional members. ‘(4) An additional member must not be a student or a member of the university’s academic staff or general staff.’. 33 Amendment of s 17 (When council is taken to be properly constituted) Section 17, ‘15’— omit, insert— ‘11’. 34 Amendment of s 18 (Appointed member’s term of office) Section 18, ‘3 years’— omit, insert— ‘4 years’. 35 Amendment of s 19 (Elected member’s term of office) Section 19(1) and (2)— omit, insert— ‘(1) An elected member mentioned in section 15(2)(a) or (b) holds office for 4 years. ‘(2) An elected member mentioned in section 15(2)(c) or (d) holds office for 2 years.’.

s 36 38 s 38 University Legislation Amendment Act 2005 No. 18, 2005 36 Replacement of s 20 (Additional member’s term of office) Section 20— omit, insert— ‘20 Additional member’s term of office ‘An additional member is to be appointed for a term of not more than 4 years decided by the council.’. 37 Replacement of s 23 (Ineligibility for membership of council) Section 23— omit, insert— ‘23 Ineligibility for membership of council ‘(1) A person is not eligible to become an elected, appointed or additional member if— (a) the person is disqualified from managing corporations under the Corporations Act, part 2D.6; 7 or (b) the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a). ‘(2) Also, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for 12 years or more, whether continuously or not. ‘(3) Subsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member. ‘(4) Subsection (1)(b) is subject to sections 25 and 26.’. 38 Amendment of s 24 (Vacation of office) (1) Section 24(1)(f) and (g)— omit, insert— 7 Corporations Act, part 2D.6 (Disqualification from managing corporations)

s 39 39 s 39 University Legislation Amendment Act 2005 No. 18, 2005 ‘(f) the member is removed from office under section 26B; or (g) the member is disqualified from managing corporations under the Corporations Act, part 2D.6; or (h) the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (g).’. (2) Section 24(2)— omit, insert— ‘(2) Subsection (1)(h) is subject to sections 25 and 26.’. 39 Insertion of new pt 2, divs 3A and 3B After section 26— insert— ‘Division 3A Members’ function, and removing elected, appointed and additional members from office ‘26A Member’s function, and obligations about function ‘(1) A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently. ‘(2) In performing the function, a member— (a) must act honestly and in the best interests of the university; and (b) must exercise reasonable skill, care and diligence; and (c) must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and (d) must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person.

s 39 40 s 39 University Legislation Amendment Act 2005 No. 18, 2005 ‘26B Council may remove member from office ‘(1) The council may remove an elected, appointed or additional member from office if at least 12 members are satisfied the member has not complied with— (a) section 26A(2); or (b) a conduct obligation. ‘(2) If the council decides to remove a member from office under subsection (1), the council must as soon as practicable— (a) give the member notice of the decision and the reasons for it; and (b) if the member is an appointed member—give the Minister a copy of the notice. ‘(3) If the council gives a member a notice under subsection (2)(a), the member’s term of office ends on the later of the following— (a) the day the member receives the notice; (b) the day, if any, stated in the notice for that purpose. ‘(4) The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the ActsInterpretationAct1954 , section 25(1)(b)(i) or (iii). 8 ‘Division 3B Extending terms of office ‘26C Minister may extend terms of office ‘(1) The Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension— (a) is in the best interests of the university; and 8 ActsInterpretationAct1954 , section 25 (Powers of appointment imply certain incidental powers)

s 40 41 s 42 University Legislation Amendment Act 2005 No. 18, 2005 (b) is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently. ‘(2) If the Minister acts under subsection (1), the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members. ‘(3) The extension applies only to members holding office when the notice is given under subsection (1). ‘(4) This section— (a) does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1); and (b) applies despite sections 18, 19(1) and (2) and 20.’. 40 Amendment of s 30 (Chancellor) (1) Section 30(4)— renumber as section 30(5). (2) Section 30— insert— ‘(4) The person elected must not be a student or a member of the university’s academic staff or general staff.’. 41 Amendment of s 31 (Deputy chancellor) Section 31(3), ‘3 years’— omit, insert— ‘4 years’. 42 Insertion of new pt 3, div 2 Part 3, after section 32— insert—

s 42 42 s 42 University Legislation Amendment Act 2005 No. 18, 2005 ‘Division 2 Matters about disqualification or removal from office ‘32A Disqualification from office ‘(1) A person can not become, or continue as, the chancellor or vice-chancellor if— (a) the person is disqualified from managing corporations under the Corporations Act, part 2D.6; or (b) subject to subsections (2) to (4), the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a). ‘(2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1)(b) of which the person has been convicted, the council may— (a) if the person was the chancellor or vice-chancellor when convicted—give notice to the person that the person— (i) is restored as the chancellor or vice-chancellor; and (ii) may be later re-elected or reappointed, despite the conviction; or (b) otherwise—give written approval for the person to become the chancellor or vice-chancellor despite the conviction. ‘(3) On the day the person receives a notice under subsection (2)(a)— (a) the person is restored as the chancellor or vice-chancellor; and (b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends. ‘(4) If a person is restored as the chancellor or vice-chancellor under subsection (3), the person’s term of office as the chancellor or vice-chancellor ends when it would have ended if the person had not been convicted of the offence.

s 42 43 s 42 University Legislation Amendment Act 2005 No. 18, 2005 ‘32B Council may remove chancellor or vice-chancellor from office ‘(1) The council may remove the chancellor or vice-chancellor from office if at least 12 members are satisfied the chancellor or vice-chancellor has not complied with— (a) section 26A(2); 9 or (b) a conduct obligation. ‘(2) If the council decides to remove the chancellor or vice-chancellor from office under subsection (1), the council must as soon as practicable give the chancellor or vice-chancellor notice of the decision and the reasons for it. ‘(3) The chancellor’s or vice-chancellor’s term of office ends on the later of the following— (a) the day he or she receives the notice; (b) the day, if any, stated in the notice for that purpose. ‘32C Particular matters about removal of vice-chancellor ‘(1) The council may remove the vice-chancellor from office under section 32B despite the vice-chancellor’s terms of appointment. ‘(2) If the council removes the vice-chancellor from office under section 32B— (a) the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and (b) the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— (i) the appointment had been ended as permitted under the terms of appointment; or (ii) his or her term of office had ended. 9 Section 26A (Member’s function, and obligations about function)

s 43 44 s 45 University Legislation Amendment Act 2005 No. 18, 2005 ‘32D Vacation of office ‘(1) The office of the chancellor or vice-chancellor becomes vacant if he or she— (a) can not continue as the chancellor or vice-chancellor under section 32A; or (b) is removed from office under section 32B. ‘(2) The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.’. 43 Amendment of s 61 (Making of university statutes) (1) Section 61(2)(g) to (i)— renumber as section 61(2)(h) to (j). (2) Section 61(2)— insert— ‘(g) the process for removing a person from office under section 26B or 32B; 10 ’. 44 Amendment of s 65 (Forming and taking part in corporations) Section 65(1), ‘include’— omit, insert— ‘include any of’. 45 Insertion of new ss 66A–66C After section 66— insert— 10 Section 26B (Council may remove member from office) or 32B (Council may remove chancellor or vice-chancellor from office)

s 45 45 s 45 University Legislation Amendment Act 2005 No. 18, 2005 ‘66A Protection from liability ‘(1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. ‘(2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university. ‘66B Report about person’s criminal history ‘(1) To decide whether to recommend to the Governor in Council a person for appointment under section 14(2) as an appointed member, the Minister may ask the commissioner of the police service for— (a) a written report about the person’s criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the criminal history. ‘(2) To decide whether a person is eligible to be the chancellor or vice-chancellor, or an elected or additional member, the council may ask the commissioner of the police service for— (a) a written report about the person’s criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the criminal history. ‘(3) The commissioner of the police service must comply with a request under subsection (1) or (2). ‘(4) However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request. ‘(5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access. ‘(6) The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.

s 46 46 s 46 University Legislation Amendment Act 2005 No. 18, 2005 ‘(7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation ofOffenders) Act 1986 , other than spent convictions. ‘66C Delegation by Minister ‘The Minister may delegate the Minister’s power under section 66B(1) to an appropriately qualified officer of the department.’. 46 Amendment of pt 8 (Transitional provisions for Education(Miscellaneous Amendments) Act 2002) (1) Part 8, heading— omit, insert— ‘Part 8 Transitional provisions’. (2) Part 8, division 1, heading— omit, insert— ‘Division 1 Transitional provisions for the Education (MiscellaneousAmendments) Act 2002 ‘Subdivision 1 Preliminary’. (3) Part 8, division 2, heading— omit, insert— ‘Subdivision 2 Provisions about the council’. (4) Part 8, division 3, heading— omit, insert— ‘Subdivision 3 Provisions about Gold Coast student body’.

s 47 47 s 47 University Legislation Amendment Act 2005 No. 18, 2005 (5) Part 8, division 4, heading— omit, insert— ‘Subdivision 4 Provision about colleges’. 47 Insertion of new pt 8, div 2 Part 8, after section 80— insert— ‘Division 2 Transitional provisions for the University Legislation Amendment Act 2005 ‘Subdivision 1 Preliminary ‘81 Definitions for div 2 ‘In this division— commencement means the commencement of the provision in which the term is used. new additional members see section 87. new appointed members see section 83(2). pre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act2005 , part 3. ‘Subdivision 2 Provisions about council membership ‘82 Continuation of official member ‘Despite section 13, a person who was an official member under section 13(2)(c) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start.

s 47 48 s 47 University Legislation Amendment Act 2005 No. 18, 2005 ‘83 Appointment of new appointed members ‘(1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 7 persons for appointment, under section 14(2), as appointed members. ‘(2) The Governor in Council may appoint the persons as appointed members (the new appointed members ). ‘84 Continuation, and term of office, of appointed members ‘(1) This section applies to a person who was an appointed member immediately before the commencement. ‘(2) Despite section 14(1), the person continues as an appointed member until— (a) the person’s term of office ends under subsection (3); or (b) the person’s office sooner becomes vacant. ‘(3) Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start. ‘85 Continuation of elected members ‘(1) This section applies to a person who was an elected member immediately before the commencement. ‘(2) Despite section 15(1) and (2), the person continues as an elected member until— (a) the person’s term of office ends under section 86; or (b) the person’s office sooner becomes vacant. ‘(3) Despite section 19(1) and (2), the person’s term of office is 3 years. ‘86 Ballot, and term of office, for elected members ‘(1) At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.

s 47 49 s 47 University Legislation Amendment Act 2005 No. 18, 2005 ‘(2) Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act. ‘(3) The person’s term of office ends when the elected members mentioned in section 15(2)(a) of the post-amended Act are elected under the ballot. ‘(4) Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act. ‘(5) The person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot. ‘(6) Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act. ‘(7) The person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot. ‘(8) Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act. ‘(9) The person’s term of office ends when the new additional members’ terms of office start. ‘(10) A person is taken to be elected under the ballot when the new appointed members’ terms of office start. ‘(11) Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start. ‘(12) Subsections (3), (5), (7) and (9) apply despite section 85(3). ‘(13) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act2005 , part 3.

s 47 50 s 47 University Legislation Amendment Act 2005 No. 18, 2005 ‘87 Appointment of new additional members ‘The council must, within 1 year after the commencement, appoint 4 persons as additional members (the new additional members ) under section 16. ‘88 Continuation, and term of office, of additional members ‘(1) A person who was an additional member immediately before the commencement continues as an additional member until— (a) the person’s term of office ends under subsection (2); or (b) the person’s office sooner becomes vacant. ‘(2) Despite section 20, the person’s term of office ends when the new additional members’ terms of office start. ‘89 Council need not include additional members ‘Despite section 12, the council need not include additional members before the new additional members’ terms of office start. ‘90 Dealing with casual vacancy in office of elected member ‘(1) This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 86(1) is conducted. ‘(2) For appointing or electing a person to the office, the pre-amended Act continues to apply as if the UniversityLegislation Amendment Act 2005 , part 3, had not commenced. ‘Subdivision 3 Constitution of council ‘91 Constitution of council ‘(1) This section applies until the new appointed members’ terms of office start.

s 48 51 s 48 University Legislation Amendment Act 2005 No. 18, 2005 ‘(2) Despite section 17, the council is taken to be properly constituted when it has 15 or more members, whether they be additional, appointed, elected or official members.’. 48 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition indictable offence — omit. (2) Schedule 2— insert— ‘ college , for part 8, division 1, see section 70. commencement — (a) for part 8, division 1, see section 70; and (b) for part 8, division 2, see section 81. conduct obligation , in relation to a member, means an obligation that— (a) is stated in the university’s approved code of conduct under the Public Sector Ethics Act 1994 ; and (b) must be complied with by the member. conviction means a conviction other than a spent conviction. Gold Coast college , for part 8, division 1, see section 70. Gold Coast student body , for part 8, division 1, see section 70. indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, 11 applies to the indictable offence. new additional members , for part 8, division 2, see section 81. new appointed members , for part 8, division 2, see section 81. notice means written notice. pre-amended Act — (a) for part 8, division 1, see section 70; and 11 Criminal Code, section 659 (Effect of summary conviction for indictable offence)

s 49 52 s 51 University Legislation Amendment Act 2005 No. 18, 2005 (b) for part 8, division 2, see section 81. spent conviction means a conviction— (a) for which the rehabilitation period under the CriminalLaw (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 12 of that Act.’. Part 4 Amendment of James Cook University Act 1997 49 Act amended in pt 4 This part amends the James Cook University Act 1997 . 50 Amendment of s 11 (Delegation) Section 11— insert— ‘(3) Despite subsection (2)(c), the council may delegate its power to approve spending of funds available to the university by way of bequest, donation or special grant if— (a) the expenditure is for a matter funded by bequest, donation or special grant; and (b) the amount of expenditure for the matter is not more than $100 000.’. 51 Replacement of ss 12 and 13 Sections 12 and 13— omit, insert— 12 CriminalLaw(RehabilitationofOffenders)Act1986 , section 11 (Revival of convictions)

s 137 117 University Legislation Amendment Act 2005 s 137 No. 18, 2005 new additional members see section 83. new appointed members see section 79(2). pre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act2005 , part 7. ‘Subdivision 2 Provisions about council membership ‘78 Continuation of official members ‘Despite section 13, a person who was an official member under section 13(2)(c) or (e) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start. ‘79 Appointment of new appointed members ‘(1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 5 persons for appointment, under section 14(2), as appointed members. ‘(2) The Governor in Council may appoint the persons as appointed members (the new appointed members ). ‘80 Continuation, and term of office, of appointed members ‘(1) This section applies to a person who was an appointed member immediately before the commencement. ‘(2) Despite section 14(1), the person continues as an appointed member until— (a) the person’s term of office ends under subsection (3); or (b) the person’s office sooner becomes vacant. ‘(3) Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start.

s 137 118 University Legislation Amendment Act 2005 s 137 No. 18, 2005 ‘81 Continuation of elected members ‘(1) This section applies to a person who was an elected member immediately before the commencement. ‘(2) Despite section 15(1) and (2), the person continues as an elected member until— (a) the person’s term of office ends under section 82; or (b) the person’s office sooner becomes vacant. ‘(3) Despite section 19(1) and (2), the person’s term of office is 3 years. ‘82 Ballot, and term of office, for elected members ‘(1) At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members. ‘(2) Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act. ‘(3) The person’s term of office ends when the elected member mentioned in section 15(2)(a) of the post-amended Act is elected under the ballot. ‘(4) Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) or (c) of the pre-amended Act. ‘(5) The person’s term of office ends when the elected member who is the member’s successor is elected under the ballot. ‘(6) Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act. ‘(7) The person’s term of office ends when the new additional members’ terms of office start. ‘(8) A person is taken to be elected under the ballot when the new appointed members’ terms of office start. ‘(9) Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.

s 137 119 University Legislation Amendment Act 2005 s 137 No. 18, 2005 ‘(10) Subsections (3), (5) and (7) apply despite section 81(3). ‘(11) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act2005 , part 7. ‘83 Appointment of new additional members ‘The council must, within 1 year after the commencement, appoint 3 persons as additional members (the new additional members ) under section 16. ‘84 Continuation, and term of office, of additional members ‘(1) A person who was an additional member immediately before the commencement continues as an additional member until— (a) the person’s term of office ends under subsection (2); or (b) the person’s office sooner becomes vacant. ‘(2) Despite section 20, the person’s term of office ends when the new additional members’ terms of office start. ‘85 Council need not include additional members ‘Despite section 12, the council need not include additional members before the new additional members’ terms of office start. ‘86 Dealing with casual vacancy in office of elected member ‘(1) This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 82(1) is conducted. ‘(2) For appointing or electing a person to the office, the pre-amended Act continues to apply as if the UniversityLegislation Amendment Act 2005 , part 7, had not commenced.

s 138 120 University Legislation Amendment Act 2005 s 138 No. 18, 2005 ‘Subdivision 3 Constitution of council ‘87 Constitution of council ‘(1) This section applies until the new appointed members’ terms of office start. ‘(2) Despite section 17, the council is taken to be properly constituted when it has 12 or more members, whether they be additional, appointed, elected or official members.’. 138 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition indictable offence — omit. (2) Schedule 2— insert— ‘ chairperson means the chairperson of the academic board. commencement , for part 8, division 2, see section 77. commencing day , for part 8, division 1, see section 65. conduct obligation , in relation to a member, means an obligation that— (a) is stated in the university’s approved code of conduct under the Public Sector Ethics Act 1994 ; and (b) must be complied with by the member. continuing corporation , for part 8, division 1, see section 65. conviction means a conviction other than a spent conviction. former corporation , for part 8, division 1, see section 65. indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, 35 applies to the indictable offence. new additional members , for part 8, division 2, see section 77. 35 Criminal Code, section 659 (Effect of summary conviction for indictable offence)

s 139 121 University Legislation Amendment Act 2005 s 140 No. 18, 2005 new appointed members , for part 8, division 2, see section 77. notice means written notice. pre-amended Act , for part 8, division 2, see section 77. previous council , for part 8, division 1, see section 65. repealed Act , for part 8, division 1, see section 65. spent conviction means a conviction— (a) for which the rehabilitation period under the CriminalLaw (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 36 of that Act. student association , for part 8, division 1, see section 65.’. (3) Schedule 2, definition elected member , ‘or appointed’— omit . Part 8 Amendment of University of the Sunshine Coast Act 1998 139 Act amended in pt 8 This part amends the UniversityoftheSunshineCoastAct1998 . 140 Amendment of s 11 (Delegation) (1) Section 11(1), ‘The university’— omit, insert— ‘The council’. (2) Section 11— 36 CriminalLaw(RehabilitationofOffenders)Act1986 , section 11 (Revival of convictions)

s 141 122 University Legislation Amendment Act 2005 s 142 No. 18, 2005 insert— ‘(3) Despite subsection (2)(c), the council may delegate its power to approve spending of funds available to the university by way of bequest, donation or special grant if— (a) the expenditure is for a matter funded by bequest, donation or special grant; and (b) the amount of expenditure for the matter is not more than $100 000.’. 141 Replacement of ss 12 and 13 Sections 12 and 13— omit, insert— ‘12 Membership of council ‘The council consists of official members, appointed members, elected members and additional members. ‘13 Official members ‘(1) There are 3 official members. ‘(2) The official members are— (a) the chancellor; and (b) the vice-chancellor; and (c) the chairperson of the academic board.’. 142 Amendment of s 14 (Appointed members) Section 14(1), ‘8’— omit, insert— ‘6’.

s 143 123 University Legislation Amendment Act 2005 s 144 No. 18, 2005 143 Amendment of s 15 (Elected members) (1) Section 15(1), ‘7’— omit, insert— ‘5’. (2) Section 15(2)(a), ‘3’— omit, insert— ‘2’. (3) Section 15(2)(c), ‘1 student, other than a person’— omit, insert— ‘2 students, other than persons’. (4) Section 15(2)(d)— omit. (5) Section 15(3)(d)— omit. 144 Replacement of s 16 (Additional members) Section 16— omit, insert— ‘16 Additional members ‘(1) There are 4 additional members. ‘(2) The council must appoint the additional members. ‘(3) The council must appoint at least 1 graduate of the university as an additional member. ‘(4) An additional member must not be a student or a member of the university’s academic staff or general staff.’.

s 145 124 University Legislation Amendment Act 2005 s 148 No. 18, 2005 145 Amendment of s 17 (When council is taken to be properly constituted) Section 17, ‘12’— omit, insert— ‘11’. 146 Amendment of s 18 (Appointed member’s term of office) Section 18, ‘3 years’— omit, insert— ‘4 years’. 147 Amendment of s 19 (Elected member’s term of office) (1) Section 19(1)— omit, insert— ‘(1) An elected member mentioned in section 15(2)(a) or (b) holds office for 4 years. ‘(1A) An elected member mentioned in section 15(2)(c) holds office for 2 years.’. (2) Section 19(1A) and (2)— renumber as section 19(2) and (3). 148 Replacement of s 20 (Additional member’s term of office) Section 20— omit, insert— ‘20 Additional member’s term of office ‘An additional member is to be appointed for a term of not more than 4 years decided by the council.’.

s 149 125 University Legislation Amendment Act 2005 s 151 No. 18, 2005 149 Amendment of s 20A (Dealing with casual vacancy in office of an elected member) (1) Section 20A(5)— omit, insert— ‘(5) Despite subsection (4), if the elected member was a student, the council may appoint a student to the office.’. (2) Section 20A(7)— omit. 150 Amendment of s 22 (Casual vacancies) Section 22, ‘an elected member’— omit, insert— ‘a member’. 151 Replacement of s 23 (Ineligibility for membership of council) Section 23— omit, insert— ‘23 Ineligibility for membership of council ‘(1) A person is not eligible to become an additional, appointed or elected member if— (a) the person is disqualified from managing corporations under the Corporations Act, part 2D.6; 37 or (b) the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a). ‘(2) Also, a person is not eligible to be appointed or elected as an additional, appointed or elected member if the person’s appointment or election as the member would result in the person being a member for 12 years or more, whether continuously or not. 37 Corporations Act, part 2D.6 (Disqualification from managing corporations)

s 152 126 University Legislation Amendment Act 2005 s 153 No. 18, 2005 ‘(3) Subsection (2) does not apply to a person if a majority of members agree the person may be appointed or elected as an additional, appointed or elected member. ‘(4) Subsection (1)(b) is subject to sections 25 and 26.’. 152 Amendment of s 24 (Vacation of office) (1) Section 24(1)(f) and (g)— omit, insert— ‘(f) the member is removed from office under section 26B; or (g) the member is disqualified from managing corporations under the Corporations Act, part 2D.6; or (h) the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (g).’. (2) Section 24(2)— omit, insert— ‘(2) Subsection (1)(h) is subject to sections 25 and 26.’. 153 Insertion of new pt 2, divs 3A and 3B After section 26— insert— ‘Division 3A Members’ function, and removing additional, appointed and elected members from office ‘26A Member’s function, and obligations about function ‘(1) A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently. ‘(2) In performing the function, a member— (a) must act honestly and in the best interests of the university; and

s 153 127 University Legislation Amendment Act 2005 s 153 No. 18, 2005 (b) must exercise reasonable skill, care and diligence; and (c) must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and (d) must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or another person. ‘26B Council may remove member from office ‘(1) The council may remove an additional, appointed or elected member from office if at least 12 members are satisfied the member has not complied with— (a) section 26A(2); or (b) a conduct obligation. ‘(2) If the council decides to remove a member from office under subsection (1), the council must as soon as practicable— (a) give the member notice of the decision and the reasons for it; and (b) if the member is an appointed member—give the Minister a copy of the notice. ‘(3) If the council gives a member a notice under subsection (2)(a), the member’s term of office ends on the later of the following— (a) the day the member receives the notice; (b) the day, if any, stated in the notice for that purpose. ‘(4) The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the ActsInterpretationAct1954 , section 25(1)(b)(i) or (iii). 38 38 ActsInterpretationAct1954 , section 25 (Powers of appointment imply certain incidental powers)

s 154 128 University Legislation Amendment Act 2005 s 154 No. 18, 2005 ‘Division 3B Extending terms of office ‘26C Minister may extend terms of office ‘(1) The Minister may, by notice given to the council, extend the terms of office of the additional, appointed and elected members for not more than 1 year if the Minister is satisfied the extension— (a) is in the best interests of the university; and (b) is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently. ‘(2) If the Minister acts under subsection (1), the Minister must extend, by the same amount, the terms of office of all additional, appointed and elected members. ‘(3) The extension applies only to members holding office when the notice is given under subsection (1). ‘(4) This section— (a) does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1); and (b) applies despite sections 18, 19(1) and (2) and 20.’. 154 Amendment of s 30 (Chancellor) (1) Section 30(4)— renumber as section 30(5). (2) Section 30— insert— ‘(4) The person elected must not be a student or a member of the university’s academic staff or general staff.’.

s 155 129 University Legislation Amendment Act 2005 s 159 No. 18, 2005 155 Amendment of s 31 (Deputy chancellor) Section 31(3), ‘3 years’— omit, insert— ‘4 years’. 156 Omission of pt 4, div 1 (Convocation) Part 4, division 1— omit. 157 Insertion of new s 40AA Part 4, division 4, after section 40— insert— ‘40AA Chairperson of academic board ‘(1) There is to be a chairperson of the academic board. ‘(2) The council must decide who is the chairperson. ‘(3) The chairperson holds office for the term, not longer than 3 years, decided by the council.’. 158 Amendment of s 40A (Excluded matters for Corporations legislation) (1) Section 40A(1)(a)— omit. (2) Section 40A(1)(b) and (c)— renumber as section 40A(1)(a) and (b). 159 Insertion of new pt 4A Before part 5— insert—

s 159 130 University Legislation Amendment Act 2005 s 159 No. 18, 2005 ‘Part 4A Matters relating to offices of chancellor, deputy chancellor, vice-chancellor and chairperson ‘40C Disqualification from office ‘(1) A person can not become, or continue as, the chancellor, vice-chancellor or chairperson if— (a) the person is disqualified from managing corporations under the Corporations Act, part 2D.6; or (b) subject to subsections (2) to (4), the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a). ‘(2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1)(b) of which the person has been convicted, the council may— (a) if the person was the chancellor, vice-chancellor or chairperson when convicted—give notice to the person that the person— (i) is restored as the chancellor, vice-chancellor or chairperson; and (ii) may be later re-elected or reappointed, despite the conviction; or (b) otherwise—give written approval for the person to become the chancellor, vice-chancellor or chairperson despite the conviction. ‘(3) On the day the person receives a notice under subsection (2)(a)— (a) the person is restored as the chancellor, vice-chancellor or chairperson; and (b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.

s 159 131 University Legislation Amendment Act 2005 s 159 No. 18, 2005 ‘(4) If a person is restored as the chancellor, vice-chancellor or chairperson under subsection (3), the person’s term of office as the chancellor, vice-chancellor or chairperson ends when it would have ended if the person had not been convicted of the offence. ‘40D Council may remove chancellor, vice-chancellor or chairperson from office ‘(1) The council may remove the chancellor, vice-chancellor or chairperson from office if at least 12 members are satisfied the chancellor, vice-chancellor or chairperson has not complied with— (a) section 26A(2); 39 or (b) a conduct obligation. ‘(2) If the council decides to remove the chancellor, vice-chancellor or chairperson from office under subsection (1), the council must as soon as practicable give the chancellor, vice-chancellor or chairperson notice of the decision and the reasons for it. ‘(3) The chancellor’s, vice-chancellor’s or chairperson’s term of office ends on the later of the following— (a) the day he or she receives the notice; (b) the day, if any, stated in the notice for that purpose. ‘40E Particular matters about removal of vice-chancellor ‘(1) The council may remove the vice-chancellor from office under section 40D despite the vice-chancellor’s terms of appointment. ‘(2) If the council removes the vice-chancellor from office under section 40D— (a) the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or 39 Section 26A (Member’s function, and obligations about function)

s 160 132 University Legislation Amendment Act 2005 s 160 No. 18, 2005 her terms of appointment applying when the appointment ends; and (b) the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— (i) the appointment had been ended as permitted under the terms of appointment; or (ii) his or her term of office had ended. ‘40F Vacation of office ‘(1) The office of the chancellor, vice-chancellor or chairperson becomes vacant if he or she— (a) can not continue as the chancellor, vice-chancellor or chairperson under section 40C; or (b) is removed from office under section 40D. ‘(2) The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.’. 160 Amendment of s 58 (Making of university statutes) (1) Section 58(2)(e)— omit. (2) Section 58(2)— insert— ‘(fa) the process for removing a person from office under section 26B or 40D; 40 (fb) the spending of funds under a delegation under section 11(3);’. (3) Section 58(2)(f) to (j)— renumber as section 58(2)(e) to (k). 40 Section 26B (Council may remove member from office) 40D (Council may remove chancellor, vice-chancellor or chairperson from office)

s 161 133 University Legislation Amendment Act 2005 s 162 No. 18, 2005 161 Amendment of s 63 (Forming and taking part in corporations) Section 63(1), ‘include’— omit, insert— ‘include any of’. 162 Insertion of new ss 64A–64C After section 64— insert— ‘64A Protection from liability ‘(1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. ‘(2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university. ‘64B Report about person’s criminal history ‘(1) To decide whether to recommend to the Governor in Council a person for appointment under section 14(2) as an appointed member, the Minister may ask the commissioner of the police service for— (a) a written report about the person’s criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the criminal history. ‘(2) To decide whether a person is eligible to be the chancellor, vice-chancellor or chairperson, or an elected or additional member, the council may ask the commissioner of the police service for— (a) a written report about the person’s criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the criminal history. ‘(3) The commissioner of the police service must comply with a request under subsection (1) or (2).

s 163 134 University Legislation Amendment Act 2005 s 163 No. 18, 2005 ‘(4) However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request. ‘(5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access. ‘(6) The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. ‘(7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation ofOffenders) Act 1986 , other than spent convictions. ‘64C Delegation by Minister ‘The Minister may delegate the Minister’s power under section 64B(1) to an appropriately qualified officer of the department.’. 163 Insertion of new pt 8, div 2 After section 82— insert— ‘Division 2 Transitional provisions for the University Legislation Amendment Act 2005 ‘Subdivision 1 Preliminary ‘83 Definitions for div 2 ‘In this division— commencement means the commencement of the provision in which the term is used.

s 163 135 University Legislation Amendment Act 2005 s 163 No. 18, 2005 new additional members see section 89. new appointed members see section 85(2). pre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act2005 , part 8. ‘Subdivision 2 Provisions about council membership ‘84 Continuation of official members ‘Despite section 13, a person who was an official member under section 13(c) or (e) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start. ‘85 Appointment of new appointed members ‘(1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 6 persons for appointment, under section 14(2), as appointed members. ‘(2) The Governor in Council may appoint the persons as appointed members (the new appointed members ). ‘86 Continuation, and term of office, of appointed members ‘(1) This section applies to a person who was an appointed member immediately before the commencement. ‘(2) Despite section 14(1), the person continues as an appointed member until— (a) the person’s term of office ends under subsection (3); or (b) the person’s office sooner becomes vacant. ‘(3) Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start.

s 163 136 University Legislation Amendment Act 2005 s 163 No. 18, 2005 ‘87 Continuation of elected members ‘(1) This section applies to a person who was an elected member immediately before the commencement. ‘(2) Despite section 15(1) and (2), the person continues as an elected member until— (a) the person’s term of office ends under section 88; or (b) the person’s office sooner becomes vacant. ‘(3) Despite section 19(1) and (2), the person’s term of office is 3 years. ‘88 Ballot, and term of office, for elected members ‘(1) At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members. ‘(2) Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act. ‘(3) The person’s term of office ends when the elected members mentioned in section 15(2)(a) of the post-amended Act are elected under the ballot. ‘(4) Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act. ‘(5) The person’s term of office ends when the elected member who is the member’s successor is elected under the ballot. ‘(6) Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act. ‘(7) The person’s term of office ends when the elected members mentioned in section 15(2)(c) of the post-amended Act are elected under the ballot. ‘(8) Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.

s 163 137 University Legislation Amendment Act 2005 s 163 No. 18, 2005 ‘(9) The person’s term of office ends when the new additional members’ terms of office start. ‘(10) A person is taken to be elected under the ballot when the new appointed members’ terms of office start. ‘(11) Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start. ‘(12) Subsections (3), (5), (7) and (9) apply despite section 87(3). ‘(13) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act2005 , part 8. ‘89 Appointment of new additional members ‘The council must, within 1 year after the commencement, appoint 4 persons as additional members (the new additional members ) under section 16. ‘90 Continuation, and term of office, of additional members ‘(1) A person who was an additional member immediately before the commencement continues as an additional member until— (a) the person’s term of office ends under subsection (2); or (b) the person’s office sooner becomes vacant. ‘(2) Despite section 20, the person’s term of office ends when the new additional members’ terms of office start. ‘91 Council need not include additional members ‘Despite section 12, the council need not include additional members before the new additional members’ terms of office start.

s 164 138 University Legislation Amendment Act 2005 s 164 No. 18, 2005 ‘92 Dealing with casual vacancy in office of elected member ‘(1) This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 88(1) is conducted. ‘(2) For appointing or electing a person to the office, the pre-amended Act continues to apply as if the UniversityLegislation Amendment Act 2005 , part 8, had not commenced. ‘Subdivision 3 Constitution of council ‘93 Constitution of council ‘(1) This section applies until the new appointed members’ terms of office start. ‘(2) Despite section 17, the council is taken to be properly constituted when it has 12 or more members, whether they be additional, appointed, elected or official members.’. 164 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions additional member , appointed member , convicted, elected member , indictable offence and official member — omit. (2) Schedule 2— insert— ‘ additional member— (a) generally—means a member of the council appointed under section 16; and (b) for part 8, division 1—see section 68. appointed member — (a) generally—means a member of the council appointed under section 14; and (b) for part 8, division 1—see section 68.

s 164 139 University Legislation Amendment Act 2005 s 164 No. 18, 2005 chairperson means the chairperson of the academic board. commencement , for part 8, division 2, see section 83. commencing day , for part 8, division 1, see section 68. conduct obligation , in relation to a member, means an obligation that— (a) is stated in the university’s approved code of conduct under the Public Sector Ethics Act 1994 ; and (b) must be complied with by the member. continuing corporation , for part 8, division 1, see section 68. conviction means a conviction other than a spent conviction. elected member — (a) generally—means a member of the council elected under section 15; and (b) for part 8, division 1—see section 68. former corporation , for part 8, division 1, see section 68. indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659, 41 applies to the indictable offence. new additional members , for part 8, division 2, see section 83. new appointed members , for part 8, division 2, see section 83. notice means written notice. official member — (a) generally—means a person who is an official member of the council under section 13; and (b) for part 8, division 1—see section 68. pre-amended Act , for part 8, division 2, see section 83. previous council , for part 8, division 1, see section 68. QUT , for part 8, division 1, see section 68. 41 Criminal Code, section 659 (Effect of summary conviction for indictable offence)

s 165 140 University Legislation Amendment Act 2005 s 165 No. 18, 2005 repealed Act , for part 8, division 1, see section 68. spent conviction means a conviction— (a) for which the rehabilitation period under the CriminalLaw (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 42 of that Act. union , for part 8, division 1, see section 68. university college , for part 8, division 1, see section 68.’. Part 9 Consequential and other amendments 165 Consequential and other amendments The schedule amends the Acts it mentions. 42 CriminalLaw(RehabilitationofOffenders)Act1986 , section 11 (Revival of convictions)

141 University Legislation Amendment Act 2005 No. 18, 2005 Schedule Consequential and other amendments section 165 Central Queensland University Act 1998 1 Part 2, divisions 3A and 3B (as inserted by this Act), and 4— renumber as part 2, divisions 4, 5 and 6. 2 Sections 25(1) and 26(1), after ‘indictable offence’— insert— ‘mentioned in section 23(1)(b) or 24(1)(h)’. 3 Sections 25(1)(a) and 26(1)(a), ‘written’— omit. 4 Part 4, divisions 2 to 5— renumber as part 4, divisions 1 to 4. 5 Sections 40AA (as inserted by this Act) and 40A— renumber as sections 40A and 40B. 6 Part 8, heading— omit, insert—

142 University Legislation Amendment Act 2005 No. 18, 2005 ‘Part 8 ‘Division 1 Schedule (continued) Repeal and transitional provisions Repeal provision, and transitional provisions before the University Legislation Amendment Act 2005’. 7 Section 66, heading, ‘pt 8’— omit, insert— ‘ div 1 ’. 8 Section 66, ‘In this part’— omit, insert— ‘In this division’. 9 Section 66, definition commencing day — omit, insert— ‘ commencing day means the day the provision in which the term is used commences.’. 10 Schedule 1, sections 2(1)(b) and 9(4), ‘written’— omit. Griffith University Act 1998 1 Sections 21(1), 25(1)(a) and 26(1)(a), ‘written’— omit.

143 University Legislation Amendment Act 2005 No. 18, 2005 Schedule (continued) 2 Sections 25(1) and 26(1), after ‘indictable offence’— insert— ‘mentioned in section 23(1)(b) or 24(1)(h)’. 3 Part 2, divisions 3A and 3B (as inserted by this Act), and 4— renumber as part 2, divisions 4, 5 and 6. 4 Part 3, before section 30— insert— ‘Division 1 Chancellor, deputy chancellor and vice-chancellor’. 5 Section 70, heading— omit, insert— ‘70 Definitions for div 1 In this division—’. 6 Schedule 1, sections 2(1)(b) and 9(4), ‘written’— omit. James Cook University Act 1997 1 Sections 25(1)(a) and 26(1)(a), ‘written’— omit.

144 University Legislation Amendment Act 2005 No. 18, 2005 Schedule (continued) 2 Sections 25(1) and 26(1), after ‘indictable offence’— insert— ‘mentioned in section 23(1)(b) or 24(1)(h)’. 3 Part 2, divisions 3A and 3B (as inserted by this Act), and 4— renumber as part 2, divisions 4, 5 and 6. 4 Sections 40AA (as inserted by this Act) and 40A— renumber as sections 40A and 40B. 5 Part 8, heading— omit, insert— ‘Part 8 Repeal and transitional provisions ‘Division 1 Repeal provision’. 6 Schedule 1, section 8(4), ‘written’— omit. Queensland University of Technology Act 1998 1 Sections 25(1)(a) and 26(1)(a), ‘written’— omit.

145 University Legislation Amendment Act 2005 No. 18, 2005 Schedule (continued) 2 Sections 25(1) and 26(1), after ‘indictable offence’— insert— ‘mentioned in section 23(1)(b) or 24(1)(h)’. 3 Part 2, divisions 3A and 3B (as inserted by this Act), and 4— renumber as part 2, divisions 4, 5 and 6. 4 Schedule 1, sections 2(1)(b) and 9(4), ‘written’— omit. University of Queensland Act 1998 1 Sections 21(1), 25(1)(a) and 26(1)(a), ‘written’— omit. 2 Sections 25(1) and 26(1), after ‘indictable offence’— insert— ‘mentioned in section 23(1)(b) or 24(1)(h)’. 3 Part 2, divisions 3A and 3B (as inserted by this Act), and 4— renumber as part 2, divisions 4, 5 and 6. 4 Part 4, divisions 2 to 4— renumber as part 4, divisions 1 to 3.

146 University Legislation Amendment Act 2005 No. 18, 2005 Schedule (continued) 5 Sections 35AA (as inserted by this Act) and 35A— renumber as sections 35A and 35B. 6 Part 8, heading— omit, insert— ‘Part 8 Transitional provisions ‘Division 1 Transitional provision for continuing in office particular members holding office in 2004’. 7 Schedule 1, sections 2(1)(b) and 9(4), ‘written’— omit. University of Southern Queensland Act 1998 1 Section 20A, heading, ‘particular elected members’— omit, insert— ‘ elected member ’. 2 Section 20A(1), from ‘member’, first mention— omit, insert— ‘member.’. 3 Sections 25(1) and 26(1), after ‘indictable offence’— insert— ‘mentioned in section 23(1)(b) or 24(1)(h)’.

147 University Legislation Amendment Act 2005 No. 18, 2005 Schedule (continued) 4 Sections 25(1)(a) and 26(1)(a), ‘written’— omit. 5 Part 2, divisions 3A and 3B (as inserted by this Act), and 4— renumber as part 2, divisions 4, 5 and 6. 6 Sections 39AA (as inserted by this Act) and 39A— renumber as sections 39A and 39B. 7 Part 8, heading— omit, insert— ‘Part 8 Repeal and transitional provisions ‘Division 1 Repeal provision, and transitional provisions before the University Legislation Amendment Act 2005’. 8 Section 65, heading, ‘pt 8’— omit, insert— ‘ div 1 ’. 9 Section 65, ‘In this part’— omit, insert— ‘In this division’.

148 University Legislation Amendment Act 2005 No. 18, 2005 Schedule (continued) 10 Section 65, definition commencing day — omit, insert— ‘ commencing day means the day the provision in which the term is used commences.’. 11 Schedule 1, sections 2(1)(b) and 9(4), ‘written’— omit. University of the Sunshine Coast Act 1998 1 Sections 21(1), 25(1)(a) and 26(1)(a), ‘written’— omit. 2 Sections 25(1) and 26(1), after ‘indictable offence’— insert— ‘mentioned in section 23(1)(b) or 24(1)(h)’. 3 Part 2, divisions 3A and 3B (as inserted by this Act), and 4— renumber as part 2, divisions 4, 5 and 6. 4 Part 4, divisions 2 to 5— renumber as part 4, divisions 1 to 4. 5 Sections 40AA (as inserted by this Act) and 40A— renumber as sections 40A and 40B.

149 University Legislation Amendment Act 2005 No. 18, 2005 Schedule (continued) 6 Part 8, heading— omit, insert— ‘Part 8 Repeal and transitional provisions ‘Division 1 Repeal provision, and transitional provisions for Act No. 47 of 1998’. 7 Section 68, heading, ‘pt 8’— omit, insert— ‘ div 1 ’. 8 Section 68, ‘In this part’— omit, insert— ‘In this division’. 9 Section 68, definition commencing day — omit, insert— ‘ commencing day means the day the provision in which the term is used commences.’. 10 Schedule 1, sections 2(1)(b) and 9(5), ‘written’— omit. © State of Queensland 2005