THE AUSTRALIAN NATIONAL UNIVERSITY
AUTSTRALIAN NATIONAL UNIVERSITY (interpretation) statute 2017
EXPLANATORY STATEMENT
1. Authority for making the instrument. Australian National University Act 1991, section 50.
2. Purpose and operation of the instrument. The Statute complements, and applies to the legislation of the University, the provisions of the Acts Interpretation Act 1901.
3. Documents incorporated in the instrument by reference. None.
4. Consultation process. The Statute replaces the Interpretation Statute (No. 2) 2013, with the amended provisions relating to the list of ANU Colleges of the University. The change in the named ANU Colleges has been the subject of extensive consultation with the staff and students concerned. The Council of the University considered and approved the Statute on 21 July 2017.
Corporate Governance and Risk Office
21 July 2017
Overview
The Australian National University (Australian National University (Interpretation) Statute 2017) was enacted in 2017 to provide a framework for the interpretation of legislation applicable to the Australian National University (ANU). This Statute serves to complement and apply the provisions of the Acts Interpretation Act 1901 to the university's legislation. The purpose of this Statute is to ensure consistency in the interpretation of ANU's laws and to provide clarity to the university's governance structure. The Statute was introduced following extensive consultation with ANU staff and students and was approved by the Council of the University on 21 July 2017. By incorporating the Acts Interpretation Act 1901, the Statute aims to address any gaps in the interpretation of ANU's legislation, providing a more cohesive and uniform approach to the university's legal framework.
The enactment of the Australian National University (Australian National University (Interpretation) Statute 2017) was authorised under section 50 of the Australian National University Act 1991. The policy objective behind this Statute is to ensure that the legislation governing the ANU is interpreted in a consistent and coherent manner. This is achieved by aligning the interpretation of ANU's legislation with the provisions of the Acts Interpretation Act 1901. The Statute replaces the Interpretation Statute (No. 2) 2013, with the amended provisions relating to the list of ANU Colleges of the University. This change has been the subject of extensive consultation with the staff and students concerned, reflecting the university's commitment to engaging with its community in the development of its legislative framework.
Scope and Application
The Australian National University (Australian National University (Interpretation) Statute 2017) applies to the interpretation of the legislation of the Australian National University (ANU), ensuring consistency with the provisions of the Acts Interpretation Act 1901. This Statute specifically governs how ANU statutes are to be interpreted, which includes any rules, regulations, or policies formulated by the University, as well as any conduct or transactions that are subject to ANU's legislative framework. The Statute does not extend beyond the confines of the Australian National University and applies exclusively within the jurisdiction governed by the Australian National University Act 1991.
The Statute makes no specific exclusions or exemptions but rather serves to clarify and streamline the interpretation of ANU's legislative documents. It incorporates no subordinate instruments but replaces the Interpretation Statute (No. 2) 2013, with adjustments reflecting the current list of ANU Colleges. These changes were thoroughly discussed and approved by the University Council on 21 July 2017, following extensive consultations with the relevant staff and students.
Key Provisions
The Australian National University (ANU) Australian National University (Interpretation) Statute 2017 (the "Statute") complements the Australian National University Act 1991 by providing specific definitions and interpretation rules applicable to the University's legislation (s. 2). The Statute applies the provisions of the Acts Interpretation Act 1901 to the ANU's legislative framework, ensuring consistency in interpretation across all legislative instruments (s. 2). One of the main operative sections of the Statute is Section 4, which provides definitions for various terms used throughout the ANU's legislation. For example, Section 4 defines "ANU College" to mean any college established under the ANU Act and to include any college renamed or restructured by the University Council (s. 4). This ensures that all references to "ANU College" within the ANU's legislative instruments are interpreted uniformly.
The Statute imposes obligations on the ANU to ensure that its legislation is interpreted in accordance with the definitions and rules set out in the Statute and the Acts Interpretation Act 1901. This includes ensuring that any references to terms such as "ANU College" are consistent with the definitions provided (s. 2). The Statute also requires the ANU to update its legislative instruments as necessary to reflect any changes in the names or structures of its colleges, in line with the definitions provided (s. 4). These obligations are intended to promote clarity and consistency in the interpretation of the ANU's legislative instruments.
There are no specific offences, penalties, or consequences for breach outlined in the Statute itself. However, any failure to comply with the definitions and interpretation rules provided by the Statute could potentially lead to disputes or inconsistencies in the interpretation of the ANU's legislative instruments. Such disputes could result in legal challenges or administrative reviews, with the potential for significant consequences for the University and its stakeholders. It is important, therefore, that the ANU ensures that its legislative instruments are drafted and interpreted in accordance with the provisions of the Statute and the Acts Interpretation Act 1901.
In summary, the Australian National University (Interpretation) Statute 2017 provides essential definitions and interpretation rules applicable to the ANU's legislative instruments. The Statute ensures consistency in interpretation by applying the provisions of the Acts Interpretation Act 1901 to the ANU's legislative framework. The obligations imposed by the Statute require the ANU to ensure that its legislative instruments are interpreted in accordance with the definitions and rules provided. While there are no specific offences or penalties outlined in the Statute, failure to comply with its provisions could potentially lead to disputes and legal challenges with significant consequences for the University.