Australian National University Amendment Act 1984

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Australian National University Amendment Act 1984

No. 95 of 1984

TABLE OF PROVISIONS

Section

1. Short title, &c.

2. Commencement

3. Common seal

4. Constitution of Council

5. Disqualifications

6. Vacation of office

7. Meetings of Council

8. Repeal of section 15aa and substitution of new section

15aa. Disclosure of interests of members

9. Board of Institute of Advanced Studies

10. Board of The Faculties

11. Certain officers to be appointed or elected

12. Acting appointments

13. Re-election or appointment

14. Validity of proceedings

15. Standing Committee of Council

16. Statutes

17. Statutes relating to traffic

18. Repeal of section 29a

19. Repeal of section 30 and substitution of new section

30. Finance

20. Bank accounts

21. Audit

22. No religious test

23. Repeal of section 32a

24. Annual report

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

Australian National University Amendment Act 1984

No. 95 of 1984

 

An Act to amend the Australian National University Act 1946

[Assented to 8 October 1984]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Australian National University Amendment Act 1984.

(2) The Australian National University Act 19461 is in this Act referred to as the Principal Act.

Commencement

2. (1) Subject to sub-sections (2) and (3), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Section 19 shall come into operation on 1 July 1985.

(3) Sections 18 and 23 shall come into operation on 1 January 1985.

Common Seal

3. Section 5 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

“(2) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the University appearing on a document and shall presume that the document was duly sealed.”.

Constitution of Council

4. Section 11 of the Principal Act is amended—

(a) by omitting from sub-section (2) “he” and substituting “the member”; and

(b) by omitting from sub-section (5) “his predecessor’s term of office” and substituting “the term of office of the predecessor of the person”.

Disqualifications

5. Section 13 of the Principal Act is amended by omitting paragraphs (b) and (c) and substituting the following paragraphs:

“(b) is an undischarged bankrupt or a person in respect of whom there is in operation a composition, deed of arrangement or deed of assignment with the creditors of the person under the law relating to bankruptcy;

(c) is under sentence of imprisonment for an offence; or”.

Vacation of office

6. Section 14 of the Principal Act is amended—

(a) by omitting paragraph (1) (c) and substituting the following paragraph:

“(c) resigns from membership of the Council;”;

(b) by inserting in paragraph (1) (da) “or her” after “his”;

(c) by omitting from paragraph (1) (f) “he” and substituting “the member”;

(d) by omitting from sub-section (1) “his” (last occurring) and substituting “the member’s”; and

(e) by omitting from sub-section (2) “while he continues to be entitled to the Parliamentary allowance that became payable to him as such a member” and substituting “while continuing to be entitled to the Parliamentary allowance payable to such a member”.

Meetings of Council

7. Section 15 of the Principal Act is amended by omitting from sub-section (1) “he” and substituting “the Chancellor”.

8. Section 15aa of the Principal Act is repealed and the following section is substituted:

Disclosure of interests of members

“15aa. (1) A member of the Council who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Council shall, as soon as possible after the relevant facts have come to the

knowledge of the member, disclose the nature of that interest at a meeting of the Council.

“(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Council and the member shall not—

(a) be present during any deliberation of the Council with respect to that matter; or

(b) take part in any decision of the Council with respect to that matter.”.

Board of Institute of Advanced Studies

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

(a) by omitting from paragraph (1) (g) “and”;

(b) by inserting after paragraph (1) (g) the following paragraph:

“(ga) such students of the University of a class specified in the Statutes as are elected, in the manner provided by the Statutes, by students of that class; and”;

(c) by omitting from sub-section (6) “him as such a” and substituting “that”;

(d) by omitting from sub-section (7) “before he otherwise ceases to hold that office, a member referred to in another of those paragraphs, he” and substituting “before otherwise ceasing to hold that office, a member referred to in another of those paragraphs, that person”;

(e) by omitting from sub-section (8) “or (g)” and substituting “, (g) or (ga)”;

(f) by omitting from sub-section (8) “his predecessor’s term of office” and substituting “the term of office of the predecessor of the person”; and

(g) by omitting from sub-section (9) “he” and substituting “the Chairman”.

Board of The Faculties

10. Section 15b of the Principal Act is amended—

(a) by omitting from sub-section (6) “him as such a” and substituting “that”;

(b) by omitting from sub-section (7) “before he otherwise ceases to hold that office, a member referred to in another of those paragraphs, he” and substituting “before otherwise ceasing to hold that office, a member referred to in another of those paragraphs, that person”;

(c) by omitting from sub-section (8) “his predecessor’s term of office” and substituting “the term of office of the predecessor of the person”; and

(d) by omitting from sub-section (9) “he” and substituting “the Chairman”.

Certain officers to be appointed or elected

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

(a) by omitting from paragraph (b) “and”; and

(b) by adding at the end thereof the following word and paragraph: “; and (d) Treasurer.”.

Acting appointments

12. Section 18b of the Principal Act is amended—

(a) by omitting paragraph (1) (c) and substituting the following paragraphs:

“(c) Assistant Vice-Chancellor;

(d) Treasurer.”;

(b) by omitting from sub-section (6) “he” and substituting “that person”;

(c) by omitting from sub-section (8) “his” (wherever occurring) and substituting “that person’s”; and

(d) by omitting from sub-section (8) “him” and substituting “that person”.

Re-election or appointment

13. Section 20 of the Principal Act is amended by omitting “he” and substituting “that person”.

Validity of proceedings

14. Section 21 of the Principal Act is amended—

(a) by inserting in paragraph (a) “, or any member of any committee of, “after “member of; and

(b) by omitting from paragraph (d) “the Council or of and substituting “, or in the number of members of any committee of, the Council or”.

Standing Committee of Council

15. Section 24 of the Principal Act is amended by omitting from sub-section (2) “his” and substituting “the Pro-Chancellor’s”.

Statutes

16. Section 27 of the Principal Act is amended—

(a) by omitting from paragraph (1) (fa) “and the Assistant Vice-Chancellor” and substituting “, the Assistant Vice-Chancellor and the Treasurer”;

(b) by omitting sub-paragraph (1) (o) (i) and substituting the following sub-paragraph:

“(i) fees the payment of which is voluntary;”; and

(c) by inserting after sub-paragraph (1) (o) (ii) the following sub-paragraph:

“(iii) fees payable in respect of an organization of students, or of students and other persons;”.

Statutes relating to traffic

17. Section 27a of the Principal Act is amended—

(a) by omitting paragraph (2) (d) and substituting the following paragraphs:

“(d) authorizing the removal of vehicles from places, on land occupied by the University, where—

(i) they have been parked or stopped in contravention of a Statute; or

(ii) they appear to have been abandoned;

(da) in respect of vehicles the removal of which is authorized by a Statute made under paragraph (d)—

(i) authorizing the impounding of a vehicle so removed;

(ii) setting out the conditions to be observed before a vehicle so impounded is released, including a condition for payment of a specified amount to secure the release of the vehicle; and

(iii) authorizing the disposal or destruction of a vehicle so impounded if the owner fails, after being given a reasonable opportunity to do so, to claim the vehicle and to pay any amount payable to secure the release of the vehicle;”;

(b) by omitting from paragraph (2) (e) “he” and substituting “the person”;

(c) by omitting from paragraph (2) (f) “$5” and substituting “$35”; and

(d) by omitting from paragraph (2) (g) “$100” and substituting “$200”.

Repeal of section 29a

18. Section 29a of the Principal Act is repealed.

19. Section 30 of the Principal Act is repealed and the following section is substituted:

Finance

“30. (1) There are payable to the University such amounts as are appropriated by the Parliament for the purposes of the University.

“(2) Moneys payable to the University in accordance with sub-section (1) shall be paid in such amounts, and at such times, as the Minister for Finance determines.”.

Bank accounts

20. Section 31a of the Principal Act is amended by inserting in sub-section (3) “of the Commonwealth” after “Treasurer”.

Audit

21. Section 31c of the Principal Act is amended—

(a) by omitting from sub-section (1) “his” and substituting “the Auditor-General’s”;

(b) by omitting from sub-section (2) “, at his discretion, “; and

(c) by omitting from sub-sections (4), (5) and (6) “him” (wherever occurring) and substituting “the Auditor-General”.

No religious test

22. Section 32 of the Principal Act is amended by omitting “him” and substituting “that person”.

Repeal of section 32a

23. Section 32a of the Principal Act is repealed.

Annual report

24. Section 33 of the Principal Act is amended by omitting from sub-section (2) “in his opinion” (wherever occurring) and substituting “in the opinion of the Auditor-General”.

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

25. Section 34 of the Principal Act is amended—

(a) by omitting from sub-section (1) “his employment” and substituting “being employed”;

(b) by omitting from sub-section (1) “he retains, and shall be deemed to have retained, his existing and accruing rights” and substituting “that person’s existing and accruing rights are retained and shall be deemed to have been retained”;

(c) by omitting from sub-section (2) “his” and substituting “the person’s”; and

(d) by omitting sub-section (3).

 

NOTE

1. No. 22, 1946, as amended. For previous amendments, see Nos. 21 and 56, 1947; No. 3, 1960; No. 9, 1963; No. 108, 1965; No. 93, 1966; No. 65, 1967; No. 1, 1971; No. 96, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 94, 1975; No. 36, 1978; No. 190, 1979; and Nos. 61, 106 and 166, 1981.

Overview

The Australian National University Amendment Act 1984No. 95 of 1984 is an amendment to the Australian National University Act 1946, enacted to update and modernise the governance and operational provisions of the Australian National University (ANU). This legislation was introduced to address various gaps and outdated provisions within the existing Act, aiming to improve the efficiency and transparency of the university's administration. The Act was enacted by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia. The primary policy objective of the Act is to enhance the governance structure, clarify roles and responsibilities, and ensure the university operates within the contemporary legislative framework while maintaining its academic excellence and integrity. The Australian National University Amendment Act 1984 encompasses a broad range of changes, including the modification of the Council's constitution, updating disqualification criteria for Council members, specifying the disclosure of pecuniary interests, and introducing new provisions for the Treasurer role. These amendments aim to ensure the university's leadership and operational frameworks are robust, transparent, and aligned with modern governance standards.

Scope and Application

The Australian National University Amendment Act 1984 No. 95 is an Act of the Commonwealth of Australia, which amends the Australian National University Act 1946. This legislation applies to the Australian National University, its Council, and its members, as well as certain officers and committees within the university. It governs the structure and operation of the university, including the composition of the Council, the process for filling vacancies, and the requirements for members to disclose any pecuniary interests in matters being considered by the Council. The Act also outlines the process for appointing and electing officers, including the Treasurer, and sets out the terms and conditions for acting appointments. The Act extends its reach to the geographic location of the university, which is situated in the Australian Capital Territory, but it is a Commonwealth Act and not restricted to any specific state or territory. The Act does not explicitly provide for any exclusions or exemptions, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The Australian National University Amendment Act 1984 (C2004A02959) amends the Australian National University Act 1946 in several key areas, starting with modifications to the common seal (s. 3), the constitution of the Council (s. 4), and the disqualifications for council members (s. 5). It also revises the conditions under which a council member's office is vacated (s. 6), specifies the Chancellor's role in calling Council meetings (s. 7), and introduces new requirements for the disclosure of interests by Council members (s. 8). Additionally, the Act amends the composition of the Board of the Institute of Advanced Studies (s. 9) and the Board of The Faculties (s. 10), and mandates the appointment or election of a Treasurer (s. 11). It also adjusts the provisions for acting appointments, including for the Treasurer (s. 12), and modifies the rules for re-election or appointment of council members (s. 13). The Act ensures the validity of proceedings despite numerical discrepancies in Council or committee membership (s. 14), and clarifies the Pro-Chancellor's role in the Standing Committee of Council (s. 15). It further amends the University's statutes to include the Treasurer (s. 16) and updates the statutes relating to traffic on University land (s. 17). The Act repeals certain sections (ss. 18 and 23) and substitutes new provisions for finance (s. 19), bank accounts (s. 20), audit (s. 21), and annual reporting (s. 24). It also repeals section 32a (s. 23) and modifies the preservation of rights for former employees of the Forestry and Timber Bureau (s. 25). The Act imposes several obligations on the parties it governs, including the requirement for Council members to disclose any pecuniary interests in matters under consideration (s. 8). It mandates the appointment of a Treasurer and sets out the roles and responsibilities associated with this position. Furthermore, it requires the Chancellor to call Council meetings and ensures the validity of Council proceedings even if there are numerical discrepancies in membership. The Act also imposes obligations on the Pro-Chancellor concerning the Standing Committee of Council and requires the Treasurer to be included in the University's statutes and financial management processes. Breaches of the Act may lead to various civil or criminal consequences. For example, failure to disclose pecuniary interests as required by section 8 may result in disqualification from deliberations and decisions on the relevant matter. Additionally, unauthorised removal, impounding, or disposal of vehicles on University land could lead to penalties under the updated traffic statutes (s. 17). The Act does not explicitly state maximum penalties but refers to fines and other sanctions that may be applicable under the amended provisions. Non-compliance with the financial and audit requirements could also result in civil or criminal penalties, depending on the nature and severity of the breach.

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Corporate Law & Governance
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Finance
Audit
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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.