University of Queensland and Queensland Agricultural College Amalgamation Act 1989 (Qld)

1418 F U TJ AND QU : - (, ENSLAND AGRICULTURAL COLLEGE AMALGAMATION ACT No. 104 of 1989 ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Interpretation PART I-PRELIMINARY PART II-AMALGAMATION OF THE QUEENSLAND AGRICULTURAL COLLEGE WITH THE UNIVERSITY OF QUEENSLAND Division 1-Provisions Relating to the College 4. College to amalgamate with the University Division 2-Provisions Relating to the Council 5. Council to cease to exist 6. Effect of cessation of the Council 7. Employment of staff of the Council 8. Superannuation entitlements Division 3-Provisions Relating to the Union 9. Union to cease to exist 10. Provisions relating to the Union of the College 11. Officers and employees of the Union Division 4-Provisions Relating to Students and Awards 12. Enrolment of students in courses 13. Awards Division 5-General Provisions 14. Compliance with accounts and audit requirements 15. Compliance with annual reporting requirements 16. Savings 17. By-laws and rules 18. Construction of references 19. Governor in Council may prescribe

1419 eensla ANNO TRICESMO OCTAVO ?ET 1'^E SECUI°,T r_- ; . II* TAE An Act to amalgamate the Queensland Agricultural College with the University of Queensland and for related purposes [ASSENTED TO 25TH OCTOBER, 1989]

1420 University of Queensland and Queensland Agricultural. College Amalgamation Act 1989, No. 104 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the University of Queensland and Queensland Agricultural College Amalgamation Act 1989. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Interpretation . In this Act, unless the contrary intention appears- "College" means the Queensland Agricultural College, a college of advanced education, established under the Education Act1964-1989; "Council" means the Council of the Queensland Agricultural College constituted under the Education Act 1964-1989; "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister; "Senate" means the Senate of the University constituted under the University of Queensland Act 1965-1989; "Union" means the Queensland Agricultural College Union established and incorporated under the Education Act 1964- 1989; "University" means the University of Queensland established and incorporated under the University of Queensland Act 1965-1989. PART II-AMALGAMATION OF THE QUEENSLAND AGRICULTURAL COLLEGE WITH THE UNIVERSITY OF QUEENSLAND Division 1-Provisions Relating to the College 4. College to amalgamate with the University. On and from the commencement of this section, the College shall cease to be a college of advanced education under the Education Act 1964-1989 and, subject to this Act, shall for all purposes on and from that commencement be taken to be part of the University. Division 2-Provisions Relating to the Council 5. Council to cease to exist . The chairman and each other member of the Council. holding office as such immediately prior to the commencement of section 4 shall go out of office forthwith on such commencement and that Council shall thereupon cease to exist.

University of Queensland and Queensland Agricultural 1421 College Amalgamation Act 1989, No. 104 6. Effect of cessation of the Council . (1) Where, after the commencement of section 4, property would have passed by any testamentary disposition or otherwise to or for the benefit of the Council if it were still in existence, that property shall pass to or for the benefit of the University, and shall vest in the University, but without prejudice to any lawful claim of any person in relation to that property. (2) All property which immediately prior to the commencement of section 4 is held by, vested in or under the control of the Council shall, on that commencement, be divested from that Council and shall be held by, vested in or, as the case may be, come under the control of the University. (3) If any property vested in the University by subsection (2) is or shall be subject to any condition or trust, that property shall be held by or for the benefit of the University subject to the conditions or trusts on which it was held immediately before that vesting. Any reference in any such conditions or trusts to the Council shall, on and from the commencement of section 4, be read and construed as a reference to the University. (4) All rights accruing or accrued to the Council in respect of any property vested in the University pursuant to subsection (2) are hereby vested in and may be enforced by the University. (5) All liabilities of the Council in respect of any property vested in the University pursuant to subsection (2) may be enforced against the University. (6) All suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of section 4 by or against the Council may be carried on and prosecuted by or against the University and no such suit, action or proceeding shall abate or be prejudicially affected by this Act. (7) All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Council existing at the commencement of section 4 shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the University and may be enforced by or against the University accordingly. 7. Employment of staff of the Council . (1) In this section and section 8, "employee of the College" means a person who immediately prior to the commencement of section 5 held any paid employment with the Council or had been appointed to the staff of the College but had not taken up duty. (2) Every employee of the College shall, on the commencement of this section, become an employee of the University on such terms and conditions, subject to any applicable award or industrial agreement, as the Senate may determine, but no less favourable than the terms and conditions upon which he was employed at the College immediately before that commencement.

1422 University of Queensland and Queensland Agricultural College Amalgamation Act 1989, No. 104 (3) A person who becomes an employee of the University pursuant to subsection (2) shall- (a) retain any rights accrued or accruing as an employee of the College; and (b) be entitled to receive annual, sick and long service leave and any similar entitlement accrued or accruing to him as an employee of the College, and his service as an employee of the College shall be deemed to be service as an employee of the University for the purposes of any law under which those rights accrued or were accruing or by which that entitlement is conferred. (4) A person who becomes an employee of the University pursuant to this section is not entitled to claim, both under this Act and any other Act, benefits in respect of the same period of service. 8. Superannuation entitlements . (1) A person who, pursuant to section 7, becomes an employee of the University shall- (a) retain all entitlements accrued or accruing to him as a contributor to a fund under the Public Service SuperannuationAct 1958-1989, the State Service Superannuation Act 1972- 1989 or the Superannuation (Government and OtherEmployees) Act 1988; and (b) be deemed to be an officer or member, as the case may be, within the meaning of each of those Acts and shall- (i) subject to subsection (2), continue to contribute to that fund; and (ii) be entitled to payments and other benefits therefrom in respect of himself, his widow and any child of his. (2) Without derogating from the provisions of subsection (1), an employee of the University within a class or classes prescribed by the Senate may contribute to such other superannuation scheme established or participated in pursuant to section 11 B of the University of Queensland Act 1965-1989 in lieu of continuing to contribute to the scheme or schemes referred to in subsection (1): Provided that a person's eligibility to continue to be a member under the Superannuation (Governmentand Other Employees) Act 1988 shall not be affected by any arrangements made pursuant to this subsection. Division 3-Provisions Relating to the Union 9. Union to cease to exist . The Queensland Agricultural College Union shall cease to exist on the commencement of section 4. 10. Provisions relating to the Union of the College . (1) Where, after the commencement of section 4, property would have passed by any

University of Queensland and Queensland Agricultural 1423 College Amalgamation Act 1989, No. 104 testamentary disposition or otherwise to or for the benefit of the Union of the College, if it were still in existence, that property shall pass to or for the benefit of the University, and shall vest in the University, but without prejudice to any lawful claim of any person in relation to that property. (2) All property which immediately prior to the commencement of section 4 was held by or vested in the Union shall, on that commencement, be divested from the Union and shall vest in the University. (3) If any property vested in the University by subsection (2) is or shall be subject to any condition or trust, that property shall be held by the University subject to the conditions or trusts on which it was held immediately before that vesting. Any reference in any such conditions or trusts to the Union shall, on and from the commencement of section 4, be read and construed as a reference to the University. (4) All rights accruing or accrued to the Union in respect of any property vested in the University pursuant to subsection (2) are hereby vested in and may be enforced by the University. (5) All liabilities of the Union in respect of any property vested in the University pursuant to subsection (2) may be enforced against the University. (6) All suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of section 4 by or against the Union may be carried on and prosecuted by or against the University and no such suit, action or proceeding shall abate or be prejudicially affected by this Act. (7) All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Union existing at the commencement of section 4 shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the University and may be enforced by or against the University accordingly. 11. Officers and employees of the Union. (1) Any person who immediately prior to the commencement of section 9 holds any office with the Union as provided for in the Union's Constitution shall go out of office forthwith on such commencement. (2) Any person who immediately prior to the commencement of section 9 held any paid employment with the Union other than as provided for in subsection (1) or who had been appointed to the staff of the Union but had not taken up duty, shall continue in employment with the University, or be entitled to take up employment with the University, as the case may be, on the same terms and conditions of employment upon which he was employed or had been appointed with or by the Union. (3) A person who pursuant to subsection (2) becomes an employee of the University retains any rights accrued or accruing to him as an employee of the Union.

1424 University of Queensland and Queensland Agricultural College Amalgamation Act 1989, No. 104 Division 4-Provisions Relating to Students and Awards 12. Enrolment of students in courses . ( 1) Each person who was, immediately prior to the commencement of section 4, a student of the College enrolled in a course shall become, on that commencement, a student of the University and be enrolled in a course of study that is substantially the same, in academic content, as the course in which the student was enrolled at the College. (2) The University shall provide such courses of study as are necessary for the purposes of subsection (1). 13. Awards. (1) If a student is enrolled in a course of study pursuant to section 12 (1), the University, as far as it may practicably do so, shall give the student credit in that course of study or work completed by the student in the course in which the student was previously enrolled. (2) A student who satisfactorily completes a course in 1989 and who has not been granted an academic award of the College by the date of commencement of section 4 shall be granted an academic award under the common seal of the University. Division 5-General Provisions 14. Compliance with accounts and audit requirements . The Senate shall comply in all respects with the provisions of the FinancialAdministration and Audit Act 1977-1988 in the place of the Council in respect of the financial year of the Council ending 31 December 1989 (if such provisions have not been complied with prior to the commencement of section 5) and any financial statements prepared by the Senate in respect of that period in the place of the Council shall have the same force and effect as if they had been prepared by the Council. 15. Compliance with annual reporting requirements . The Senate shall comply in all respects with the provisions of the FinancialAdministration and Audit Act 1977-1988 in the preparation of the annual report on the operations of the Council in respect of the year ending 31 December 1989, if the Council has not already done so prior to the commencement of section 5. 16. Savings . (1) Unless otherwise expressly prescribed, every approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement, prohibition, refusal, registration or other act of authority made, granted, issued, done, or otherwise originated by the Council under Division III of Part VILA, Part VIII and Divisions I, II, III, V and VI of Part VIIIA of the Education Act 1964-1989, or under any regulation, by-law or rule made in respect of the College, Council or Union under the Education Act1964-1989 in relation to the subject matter or operation of the Divisions and Parts of that Act referred to in this section, subject as hereinafter provided, shall continue in force as fully and effectually as if it had been granted, issued, done or otherwise originated under a corresponding

University of Queensland and Queensland Agricultural 1425 College Amalgamation Act 1989, No. 104 provision of the University of Queensland Act 1965-1989 including a corresponding regulation, Statute or rule (and shall, where necessary, be deemed to have so originated) until it expires by effluxion-6f time or is rescinded, repealed, revoked, cancelled, suspended, or otherwise determined by the Senate (the Senate being hereby authorized so to do): Provided that every such approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement, prohibition, refusal, registration or other act of authority shall be read and construed subject to this Act. (2) Nothing in this section limits the operation and effect of the Acts Interpretation Act 1954-1989. 17. By-laws and rules . On and from the commencement of section 5, any by-laws or rules made by the Council shall cease to have any force or effect. 18. Construction of references . Unless the context otherwise indicates or requires, a reference in any other Act, by-law, regulation or other statutory instrument to the Council shall be read as a reference to the Senate, and a reference to the College shall be read as a reference to the University. 19. Governor in Council may prescribe . The Governor in Council may by Order in Council prescribe with respect to all matters that are necessary or desirable for effectually achieving the objects and purposes of this Act.