University of Queensland Act Amendment Act 1989 (Qld)

1378 UNIVERSITY OF QUEENSLAND ACT AMENDMENT ACT ANALYSIS OF CONTENTS 1. Short title 2. Citation 3. Amendment of s. 2. Division of Act 4. Amendment of s. 4. Interpretation 5. Amendment of s. 5 6. Amendment of s. 22. Schools etc. and academic departments 7. Admendment of s. 23. Instruction in and granting of degrees and other awards 8. Amendment of s. 27i. University may accept gifts, etc., subject to conditions, and establish trust funds 9. New Part and ss. 31('-31 e Formation of and participation in companies. etc. Use of facilities and staff Companies to furnish returns, etc. Audit requirements 10. Amendment of s. 34. Statutes 11. New s. 37c University may exploit facilities or resources `mot: ANNO TRICESIMO OCTAVO ELI A ET 1g^ GECUN rAE I E INAE , T J . as An Act to am end the University of Queensland Act 1965-1989 in certain particulars [ASSENTED TO 25TH OCTOBER, 1989]

University of Queensland Act Amendment Act 1989, No. 102 1379 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the University of Queensland Act Amendment Act 1989. 2. Citation . (1) In this Act the University of Queensland Act 1965-1989, being the University of Queensland Act 1965-1987 as amended by the Education (General Provisions) Act 1989, is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the University of Queensland Act 1965-1989. 3. Amendment of s. 2 . Division of Act. Section 2 of the Principal Act is amended by inserting after the words "PART V -PROPERTY AND FINANCE (ss. 27A-31B);" the following words:- "PART VA-PROVISIONS RELATING TO COMPANIES, JOINT AGREEMENTS AND ARRANGEMENTS, AGREEMENTS FOR USE OF FACILITIES AND STAFF (ss. 31C-31F);". 4. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by inserting before the definition "Convocation" the following definition:- "company" includes, for the purposes of sections 5 (1) (ca), 31c, 31E and 31F, a corporation within the meaning of the Companies (Queensland) Code, an association or a partnership;". 5. Amendment of s. 5. Section 5 of the Principal Act is amended by inserting in subsection (1) after paragraph (c) the following paragraph:- "(ca) causing the formation of companies, and becoming a member of or managing any company or companies for any purpose which may seem directly or indirectly calculated to further the objects, functions or powers of the University or to benefit the University in any way whatsoever;". 6. Amendment of s. 22. Schools etc. and academic departments. Section 22 of the Principal Act is amended by omitting from subsection (1) the words "by Statute". 7. Amendment of s. 23 . Instruction in and granting of degrees and other awards . Section 23 of the Principal Act is amended by- (a) in subsection (2), omitting the word "shall" and substituting the word "may"; (b) in subsection (3), omitting the word "shall" and substituting the word "may"; (c) in subsection (4), omitting the words "shall be entitled to" and substituting the word "may".

1380 University of Queensland Act Amendment Act 1989, No. 102 8. Amendment of s. 27A. University may accept gifts, etc., subject to conditions , and establish trust funds . Section 27A of the Principal Act is amended by omitting all words from and including the words "the Senate may create" to and including the words "any other purpose whatsoever." and substituting the words "the Senate may- (a) create; (b) administer; or (c) create and administer, any trust fund or funds in connexion therewith or for any other purpose whatsoever.". 9. New Part and ss. 31c-31F. The Principal Act is amended by inserting after section 31B the following heading and sections:- "PART VA-PROVISIONS RELATING TO COMPANIES, JOINT AGREEMENTS AND ARRANGEMENTS, AGREEMENTS FOR USE OF FACILITIES AND STAFF 31c. Formation of and participation in companies , etc. (1) The University, in the exercise of its powers under section 37c and without limiting the provisions of section 5 (1) (ca) and the University of Queensland Confirmation of Powers Act 1985, may be a member of, or form or participate in the formation of, or manage a company, whether incorporated, established or entered into within or outside the State, the objects or purposes of which include one or more of the following objects or purposes:- (a) providing facilities or services for study, research or education; (b) undertaking research, development, consultancy or other services for commercial organizations, public bodies or individuals; (c) aiding or engaging in the development or promotion of University research or the application or use of the results of such research; (d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audio-visual material or computer software; (e) exploiting commercially any facility or resource of the University including any study, research or knowledge, or the practical application thereof, developed by or belonging, whether alone or in conjunction with any other person or body, to the University; (f) seeking or encouraging gifts to the University or for University purposes; (g) any other object or purpose not inconsistent with this Act which the Senate considers to be appropriate in the circumstances.

University of Queensland Act Amendment Act 1989, No. 102 1381 (2) The University, or any company of which the University is a member, or which is formed, participated in or managed by the University, may enter into any agreement or arrangement with any company the objects of which include one or more of the objects and purposes specified in subsection (1) (a) to (g) both inclusive, in respect of any of those lastmentioned objects and purposes. 31D. Use of facilities and staff . The University, in such circumstances and subject to such terms and conditions as the Senate thinks fit, may contract or otherwise enter into an arrangement with any person or body for the use by him or it of the University's facilities and staff 31E. Companies to furnish returns, etc . Any company- (a) formed by the University pursuant to section 31c; (b) managed by the University; or (c) of which the University becomes a member, shall furnish the Senate with such reports, returns and information relative to the company's affairs as are from time to time required by the Senate. 31F. Audit requirements . Section 461 of the FinancialAdministration and Audit Act 1977-1988 applies, to the extent provided by that section, to any company of a kind referred to in section 31 E.". 10. Amendment of s. 34. Statutes . Section 34 of the Principal Act is amended by, in subsection (1), inserting after paragraph (xvi) the following paragraph:- "(xvia) The ownership and exploitation of inventions and discoveries, that are the property of the University, made by the staff or enrolled students of the University;". 11. New s. 37c. The Principal Act is amended by inserting after section 37n the following section:- "37c. University may exploit facilities or resources. It is competent to the University to exploit commercially, for the benefit of the University, any facility or resource of the University including any study, research or knowledge, or the practical application thereof, developed by or belonging, whether alone or in conjunction with any other person or body, to the University.".