Australian National University Act 1965

Legislation au C1965A00108 Not in force Act

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Australian National University

No. 108 of 1965

An Act relating to The Australian National University.

[Assented to 18 December, 1965]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian National University Act 1965.


(2.) The Australian National University Act 1946-1963 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian National University Act 1946-1965.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent but, subject to sub-section (2.) of section 5 of this Act, the amendments made by paragraph (a) of section 3, and by sections 4, 5 and 6, of this Act do not take effect until the first day of January, One thousand nine hundred and sixty-six.

Constitution of Council.

3. Section 11 of the Principal Act is amended—

(a) by omitting sub-paragraphs (v) and (vi) of paragraph (d) of sub-section (1.) and inserting in their stead the following sub-paragraphs:—

“(v) the Deputy Chairman of the Board of the Institute; and

“(vi) the Deputy Chairman of the Board of the School;”; and

(b) by omitting from paragraph (l) of sub-section (1.) the words “of at least two years’ standing”.

Board of the Institute of Advanced Studies.

4. Section 15a of the Principal Act is amended—

(a) by omitting paragraphs (e) and (f) of sub-section (1.) and inserting in their stead the following paragraph:—

“(f) three of the members of the Board of the School elected by the members of the Board of the School; and”; and

(b) by omitting sub-sections (4.) and (5.) and inserting in their stead the following sub-sections:—

“(4.) Before making an appointment under the last preceding sub-section, the Council shall give to the Board of the Institute an opportunity of furnishing advice to the Council in relation to the appointment.

“(5.) At a meeting of the Board of the Institute at which the Vice-Chancellor is present, the Vice-Chancellor shall preside unless he requests the Deputy Chairman to preside, in which case the Deputy Chairman shall preside.

“(6.) At a meeting of the Board of the Institute at which the Vice-Chancellor is not present—

(a) if the Deputy Chairman is present, he shall preside; and


(b) if the Deputy Chairman is not present, the members present shall elect one of their number to preside.”.

Board of the School of General Studies.

5.—(1.) Section 15b of the Principal Act is amended—

(a) by omitting paragraph (b) of sub-section (1.); and

(b) by omitting sub-sections (3.) and (4.) and inserting in their stead the following sub-sections:—

“(3.) The Council shall from time to time appoint a member of the Board of the School, being a person referred to in paragraph (d) of sub-section (1.) of this section, to be Deputy Chairman of the Board of the School.

“(4.) Before making an appointment under the last preceding sub-section, the Council shall give to the Board of the School an opportunity of furnishing advice to the Council in relation to the appointment.

“(5.) At a meeting of the Board of the School at which the Vice-Chancellor is present, the Vice-Chancellor shall preside unless he requests the Deputy Chairman to preside, in which case the Deputy Chairman shall preside.

“(6.) At a meeting of the Board of the School at which the Vice-Chancellor is not present—

(a) if the Deputy Chairman is present, he shall preside; and

(b) if the Deputy Chairman is not present, the members present shall elect one of their number to preside.”.

(2.) The Council of the Australian National University or the Standing Committee of the Council may make an appointment under sub-section (3.) of section 15b of the Principal Act, as amended by this Act, before the first day of January, One thousand nine hundred and sixty-six, but any appointment so made does not take effect until that date.

Pro-Chancellor and Deputy Vice-Chancellor.

6. Section 18a of the Principal Act is amended—

(a) by adding at the end of paragraph (a) the word “and”;

(b) by omitting from paragraph (b) the word “and”; and

(c) by omitting paragraph (c).

7. After section 26 of the Principal Act the following section is inserted:—

Contracts by University.

“26a.—(1.) Any contract that, if made between private persons, would be by law required to be in writing under seal may, subject to section five of this Act, be made on behalf of the University in writing under the common seal of the University.


“(2.) Any contract to which the last preceding sub-section does not apply may be made on behalf of the University by any person acting with the authority of the Council, express or implied, and, where such a contract is made in writing, it may be executed on behalf of the University by that person.”.

Fees payable by students.

8. Section 29 of the Principal Act is amended by inserting after sub-section (1.) the following sub-section:—

“(1a.) The Council may exempt from the payment of fees any students of the University who hold scholarships granted by a State, or by a body established by or under a law of a State, to pursue studies at the University in relation to forestry.”.

9. After section 33 of the Principal Act the following section is added:—

Preservation of rights of persons formerly employed in Forestry and Timber Bureau.

“34.—(1.) Where a person employed by the University at the commencement of this section was, immediately before his employment by the University, an officer of the Public Service of the Commonwealth employed in the performance of duties in connexion with the training of professional foresters by the Forestry and Timber Bureau, he retains, and shall be deemed to have retained, his existing and accruing rights.

“(2.) For the purpose of determining the rights so retained by a person, his service as a person employed by the University shall be taken into account as if it were service in the Public Service of the Commonwealth.

“(3.) The Officers’ Rights Declaration Act 1928-1959 applies, and shall be deemed to have applied, in relation to a person to whom sub-section (1.) of this section applies as if this Act and this section had been specified in the Schedule to that Act and as if the University were a Commonwealth authority within the meaning of that Act and, for the purposes of the application of that Act in relation to him, the right of election referred to in sub-section (1.) of section five of that Act may be exercised by him within three months after the commencement of this section.”.

Repeal of sections of Australian National University Act 1960.

10.—(1.) Sections 21, 22, 23, 27, 28 and 29 of the Australian National University Act 1960 are repealed.

(2.) The repeal effected by the last preceding sub-section does not affect—

(a) an appointment of a person to an office or the continuation of a person in an office;

(b) a determination made under section 28 of the Australian National University Act 1960; or

(c) an exercise by the Council of the Australian National University of the power given to it by section 29 of the Australian National University Act 1960.

Overview

The Australian National University Act 1965 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the existing governance and operational provisions of the Australian National University (ANU). This Act aimed to address specific structural and procedural changes required for the effective administration and management of the university, including the constitution of its Council and the roles within its boards. It also introduced provisions for the preservation of rights for certain employees transitioning from the Forestry and Timber Bureau. The amendments and new provisions are designed to streamline the university’s operations and ensure continuity in its educational and research missions. The policy objective of this Act is to support the ANU in maintaining its status as a leading institution of higher education and research in Australia, facilitating its growth and adaptation to new governance and operational frameworks.

Scope and Application

The Australian National University Act 1965 amends and updates the framework governing The Australian National University, ensuring it remains aligned with its educational and research objectives. This Act applies specifically to the Australian National University and its various boards and councils, impacting the governance and operational aspects of the institution. The amendments and additions to the existing Australian National University Act 1946-1963 extend to the constitution of the Council, the composition and roles of the Board of the Institute of Advanced Studies and the Board of the School of General Studies, as well as the appointment processes for the Pro-Chancellor and Deputy Vice-Chancellor. These provisions establish clear governance structures and operational protocols within the university, ensuring effective management and decision-making. The Act also addresses contractual obligations, student fee exemptions, and the preservation of rights for former employees, thereby providing a comprehensive legislative framework that governs the university's activities and interactions. The jurisdictional reach of the Act is limited to the Commonwealth of Australia, specifically targeting the operations and governance of the Australian National University.

Key Provisions

The Australian National University Act 1965 (Act) makes several amendments to the Australian National University Act 1946-1963 (Principal Act), as well as introducing new provisions. Section 3 amends the composition of the Council by omitting certain sub-paragraphs and inserting new ones. The Board of the Institute of Advanced Studies is now to have three members elected by the Board of the School, and the Council is required to seek advice from the Board of the Institute before making certain appointments. Additionally, provisions for the presiding officers at meetings of the Board of the Institute are detailed, with the Vice-Chancellor presiding when present, and the Deputy Chairman or an elected member presiding when the Vice-Chancellor is absent. The Board of the School of General Studies is also amended similarly, with the Council required to seek advice from the Board of the School before making certain appointments, and provisions for presiding officers at meetings are also detailed. Furthermore, Section 6 amends the roles of the Pro-Chancellor and Deputy Vice-Chancellor. The Act imposes several obligations on the parties it governs. The Council is required to seek advice from the respective boards when making appointments, as specified in Sections 3 and 5. The presiding officers for meetings of the Board of the Institute and the Board of the School are clearly defined, with the Vice-Chancellor or the Deputy Chairman presiding when present and an elected member presiding when neither is present. Additionally, Section 26a allows for contracts to be made on behalf of the University, either under the common seal or by a person with the authority of the Council. Exemptions from student fees are permitted under certain conditions, as outlined in Section 8, and rights of former employees are preserved under Section 34. The Act also outlines the consequences of non-compliance. However, the text does not explicitly mention any specific offences, penalties, or civil/criminal consequences for breach. It primarily focuses on the structural and operational amendments to the governance of the Australian National University. The absence of specific penalties suggests that compliance with the Act's provisions is largely a matter of adhering to the defined roles and procedures, with potential repercussions arising from governance and administrative processes rather than explicit legal penalties.

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Area of Law
Education Law
Public Administration Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Reporting & Disclosure Obligations
Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.