Australian National University Amendment Act 1979

No. 190 of 1979

An Act to amend the Australian National University Act 1946, and for related purposes.

BE IT ENACTED by the Queen, and the Senate and 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 1979.

(2) The Australian National University Act 19462 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1, 2, 4, 8, 9, 13 and 14, sub-section 15(2), section 21 and sub-sections 22(1), (2) and (3) shall come into operation on the day on which this Act receives the Royal Assent.

(2) Sections 16, 17, 18, 19 and 20 shall come into operation on 1 January 1980.

(3) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.

Interpretation

3. Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “the Council” in sub-section (1) the following definition:

“‘The Faculties’ means the group of faculties and other bodies referred to in paragraph 7(b);”; and

(b) by omitting from sub-section (1) the definition of “the School”.

Establishment and incorporation of University

4. Section 4 of the Principal Act is amended—

(a) by inserting in paragraph (b) of sub-section (2) “, whether on trust or otherwise,” after “holding”;

(b) by inserting after paragraph (b) of sub-section (2) the following paragraph:

“(ba) acting as trustee of moneys or other property vested in the University upon trust;”; and

(c) by adding at the end thereof the following sub-section:

“(3) Notwithstanding anything contained in this Act, any moneys or other property held by the University upon trust shall be dealt with in accordance with the powers and duties of the University as trustee.”.

Organization of University

5. Section 7 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

“(b) a group of faculties and other bodies, as determined by the Council, to be known as The Faculties.”.

Faculties in School of General Studies

6. Section 9 of the Principal Act is repealed.

Constitution of Council

7. Section 11 of the Principal Act is amended—

(a) by omitting sub-paragraphs (v) and (vi) of paragraph (d) of sub-section (1) and substituting the following sub-paragraphs:

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

(vi) the Chairman of the Board of The Faculties;”;

(b) by omitting from paragraph (f) of sub-section (1) “Deans of the Faculties in the School” and substituting “deans of faculties within The Faculties”; and

(c) by omitting from paragraphs (h) and (j) of sub-section (1), and paragraph (b) of sub-section (6), “the School” and substituting “The Faculties”.

Vacation of office

8. Section 14 of the Principal Act is amended by inserting after paragraph (d) of sub-section (1) the following paragraph:

“(da) without reasonable excuse, fails to comply with his obligations under sub-section 15aa(1);”.

9. After section 15 of the Principal Act the following section is inserted:

Pecuniary interests of Council members

“15aa. (1) A member of the Council who is directly or indirectly interested in a contract (not being a contract of service/made or proposed to be made by the University, otherwise than as a member of, and in common with the other members of, an incorporated company which consists of more than 25 persons and of which he is not a director, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Council.

“(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting and the member—

(a) shall not take part after the disclosure in any deliberation or decision of the Council with respect to the contract; and

(b) shall be disregarded for the purpose of constituting a quorum of the Council for any such deliberation or decision.”.

Board of Institute of Advanced Studies

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

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) There shall be a Board of the Institute (in this section referred to as ‘the Board’), consisting of—

(a) the Vice-Chancellor;

(b) the Deputy Vice-Chancellor;

(c) a Chairman appointed in accordance with sub-section (3);

(d) the head of each research school within the Institute;

(e) such other members of the academic staff of the Institute as are specified in, or chosen in the manner provided by, the Statutes;

(f) the Chairman of the Board of The Faculties;

(g) one other member of the Board of The Faculties chosen in the manner provided by the Statutes; and

(h) such other persons (if any) as the Council, acting on the advice of the Board itself, by resolution, appoints.”;

(b) by omitting from sub-section (2) “of the Institute”; and

(c) by omitting sub-sections (3), (4), (5) and (6) and substituting the following sub-sections:

“(3) The Council shall from time to time, by resolution, appoint a professor in the Institute to be the Chairman of the Board for such period as is specified in the resolution.

“(4) Before making an appointment under sub-section (3), the Council shall give to the Board an opportunity of tendering advice to the Council in relation to the appointment.

“(5) A member of the Board referred to in paragraph (1)(e) or (g) shall hold office, subject to this Act and to the Statutes, for such period as is specified in the Statutes.

“(6) A member of the Board referred to in paragraph (1)(h) shall hold office, subject to this Act and to the Statutes, for such period as is specified in the resolution appointing him as such a member.

“(7) If a person holding office as a member referred to in one of the paragraphs of sub-section (1) becomes, before he otherwise ceases to hold that office, a member referred to in another of those paragraphs, he shall, upon becoming such a member, cease to hold that first-mentioned office.

“(8) Where a person becomes a member of the Board by reason of the filling of a casual vacancy in the office of a member referred to in paragraph (1)(e) or (g) (including a casual vacancy occurring by virtue of the operation of sub-section (7)), that person holds office, subject to this Act and to the Statutes, for the residue of his predecessor’s term of office.

“(9) Subject to sub-section (10), the Chairman shall preside at all meetings of the Board at which he is present.

“(10) Where, at a meeting of the Board, the Chairman is not present or declines to preside, the members present shall elect one of their number to preside at the meeting.”.

Board of The Faculties

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

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) There shall be a Board of The Faculties (in this section referred to as ‘the Board’), consisting of—

(a) the Vice-Chancellor;

(b) the Deputy Vice-Chancellor;

(c) a Chairman appointed in accordance with sub-section (3);

(d) the dean of each faculty within The Faculties;

(e) such other members of the academic staff of The Faculties as are specified in, or chosen in the manner provided by, the Statutes;

(f) the Chairman of the Board of the Institute;

(g) a member of the academic staff of the Institute chosen by the Board of the Institute;

(h) the person for the time being holding the office in the University known as ‘Dean of Students’;

(j) the President of the body known as ‘The Australian National University Students’ Association’;

(k) 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

(m) such other persons (if any) as the Council, acting on the advice of the Board itself, by resolution, appoints.”;

(b) by omitting from sub-section (2) “of the School”;

(c) by omitting from paragraph (a) of sub-section (2) “the School” and substituting “The Faculties”; and

(d) by omitting sub-sections (3), (4), (5) and (6) and substituting the following sub-sections:

“(3) The Council shall from time to time, by resolution, appoint a professor in The Faculties to be the Chairman of the Board for such period as is specified in the resolution.

“(4) Before making an appointment under sub-section (3), the Council shall give to the Board an opportunity of tendering advice to the Council in relation to the appointment.

“(5) A member of the Board referred to in paragraph (1)(e), (g) or (k), shall hold office, subject to this Act and to the Statutes, for such period as is specified in the Statutes.

“(6) A member of the Board referred to in paragraph (1)(m) shall hold office, subject to this Act and to the Statutes, for such period as is specified in the resolution appointing him as such a member.

“(7) If a person holding office as a member referred to in one of the paragraphs of sub-section (1) becomes, before he otherwise ceases to hold that office, a member referred to in another of those paragraphs, he shall, upon becoming such a member, cease to hold that first-mentioned office.

“(8) Where a person becomes a member of the Board by reason of the filling of a casual vacancy in the office of a member referred to in paragraph (1)(e), (g) or (k) (including a casual vacancy occurring by virtue of the operation of sub-section (7)), that person holds office, subject to this Act and to the Statutes, for the residue of his predecessor’s term of office.

“(9) Subject to sub-section (10), the Chairman shall preside at all meetings of the Board at which he is present.

“(10) Where, at a meeting of the Board, the Chairman is not present or declines to preside, the members present shall elect one of their number to preside at the meeting.”.

Professorial Board

12. Section 15d of the Principal Act is amended by omitting from paragraph (c) of sub-section (3) “the School” and substituting “The Faculties”.

Certain officers to be appointed or elected

13. Section 18a of the Principal Act is amended by omitting paragraph (c) and substituting the following paragraph:

“(c) Assistant Vice-Chancellor.”.

14. After section 18a of the Principal Act the following section is inserted:

Acting appointments

“18b. (1) For the purposes of this section, each of the following offices in the University is a relevant office:

(a) Vice-Chancellor;

(b) Deputy Vice-Chancellor;

(c) Assistant Vice-Chancellor.

“(2) The Council may appoint a person to act in a relevant office—

(a) during a vacancy in the office; or

(b) during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office,

but a person appointed so to act during a vacancy shall not continue so to act for more than 12 months.

“(3) The appointment of a person to act in a relevant office may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

“(4) The Council may terminate an appointment under this section at any time.

“(5) Where a person is acting in a relevant office in accordance with paragraph (2) (b) and the office becomes vacant while the person is so acting, then, subject to sub-section (3), the person may continue so to act until the Council otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurs expires, whichever first happens.

“(6) While a person is acting in a relevant office, he has and may exercise all the powers, and shall perform all the functions, of the holder of the office under this Act.

“(7) Where the holder of a relevant office is acting in another relevant office in pursuance of an appointment under this section, the first-mentioned office shall, for the purposes of this section, be deemed to be vacant.

“(8) The validity of anything done by a person purporting to act under sub-section (2) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.”.

Statutes

15. (1) Section 27 of the Principal Act is amended—

(a) by omitting from paragraph (ca) of sub-section (1) “section eleven of this Act” and substituting “sections 11, 15a and 15b”; and

(b) by omitting from that paragraph “the School” and substituting “The Faculties”.

(2) Section 27 of the Principal Act is amended—

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

(b) by inserting after paragraph (fb) of sub-section (1) the following paragraph:

“(fc) the terms and conditions of appointment, including remuneration and allowances, of a person appointed under section 18b to act in an office specified in sub-section (1) of that section;”;

(c) by adding at the end of sub-paragraph (i) of paragraph (o) of sub-section (1) “, including, but without limiting the generality of the foregoing, such fees payable in respect of an organization of students, or of students and other persons “; and

(d) by omitting sub-paragraph (iii) of paragraph (o) of sub-section (1).

16. After section 29 of the Principal Act the following section is inserted:

Fees for the provision of amenities and services to students

“29a. (1) In this section, unless the contrary intention appears—

‘approved auditor’ means the Auditor-General or an auditor approved by the Council;

‘fees’ means fees paid to the University in respect of the provision to students of amenities or services that are not of an academic nature;

‘organization of students’ means a body or organization of students, or of students and other persons.

“(2) Where moneys are paid to the University by way of fees, the Council shall not make those moneys, or any part of those moneys, available to an organization of students for expenditure by the organization unless the Council is satisfied that the governing body of the organization is representative of the members of the organization.

“(3) Where the Council makes moneys paid to the University by way of fees available to an organization of students, for expenditure by the organization, it is the duty of the organization to apply the moneys, and it is the duty of the Council to take all reasonable steps to ensure that the moneys are applied by the organization, only in respect of the provision, for students liable to pay those fees, whether members of the organization or not, of amenities or services that are not of an academic nature and are—

(a) declared by the Statutes to be, in respect of that organization, amenities or services to which this section applies; or

(b) included in a class of amenities or services declared by the Statutes to be, in respect of that organization, a class of amenities or services to which this section applies.

“(4) The Council shall not make a Statute declaring amenities or services to be, in respect of an organization of students, amenities or services to which this section applies, or declaring a class of amenities or services to be, in respect of such an organization, a class of amenities or services to which this section applies—

(a) unless the Council is of the opinion that provision of those amenities or services, or of amenities or services included in that class of amenities or services, as the case may be, to students, by or on behalf of the organization, will directly benefit the University; or

(b) if, by reason that—

(i) those amenities or services were amenities or services to which this section applied in respect of the organization; or

(ii) that class of amenities or services was a class of amenities or services to which this section applied in respect of the organization,

as the case may be, any moneys that have been paid to the University by way of fees and made available by the Council to the organization for expenditure by the organization could be duly expended by the organization by way of payment to a national body or organization representing, or claiming to represent, students at tertiary education institutions other than such a national body or organization as is, in the opinion of the Council, formed primarily and principally with the object—

(iii) of encouraging sporting or other recreational activities among students or students and other persons;

(iv) of promoting the interests of students, or students and other persons, in some particular educational, social or cultural field; or

(v) of promoting the interests of post-graduate students, or a class of post-graduate students, at tertiary education institutions.

“(5) Where the Council is not permitted by this section to make moneys paid to the University by way of fees available to an organization of students for expenditure by the organization, the Council may, whether or not the fees were paid to the University on account of, or for the purposes of, the organization, expend those moneys in such manner as the Council deems fit, being a manner in which the moneys could, under this section, have been expended by the organization if the moneys had been made available to the organization.

“(6) As soon as practicable after 31 December 1980 and after each subsequent 31 December, the Council shall cause to be prepared detailed financial statements, in respect of the year ended on that date, with respect to moneys received by the University by way of fees, and shall cause those statements to be audited by an approved auditor.

“(7) The financial statements prepared in pursuance of sub-section (6) in respect of a year shall include particulars of—

(a) the moneys received by the University by way of fees during that year;

(b) the amounts (if any) of the moneys so received that were made available during that year to an organization of students, for expenditure by the organization; and

(c) the manner in which any of the moneys so received, and any of the moneys unexpended at the commencement of that year out of moneys so received during a preceding year, were expended during that year by an organization of students or by the Council.

“(8) Sub-section (6) does not require that each of the financial statements prepared in relation to a year be audited by the same auditor.

“(9) As soon as practicable after the detailed financial statements prepared for the purposes of sub-section (6) in respect of a year have been audited, the Council shall cause copies of the statements, and of the reports of the auditor or auditors with respect to the statements, to be made freely available to students.

“(10) Notwithstanding sub-sections (3) and (5), moneys paid to the University by way of fees may be applied by the Council or by an organization of students in or towards payment of any fees or other charges payable to an approved auditor in respect of an audit of financial statements prepared in pursuance of sub-section (6).”.

Finance

17. Section 30 of the Principal Act is amended—

(a) by omitting from sub-section (2) “this section” and substituting “sub-section (1)”; and

(b) by adding at the end thereof the following sub-sections:

“(3) In addition to the amounts payable to the University under sub-section (1), there are payable to the University such moneys as are from time to time appropriated by the Parliament for the purposes of the University.

“(4) Moneys referred to in sub-sections (1) and (3) shall be paid to the University in such amounts, and at such times, as the Minister determines in accordance with arrangements approved by the Minister for Finance.”.

18. After section 31 of the Principal Act the following sections are inserted:

Bank accounts

“31a. (1) The University may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least 1 such account.

“(2) The University shall pay all moneys of the University into an account referred to in this section.

“(3) In this section, ‘approved bank’ means the Commonwealth Trading Bank of Australia, the Commonwealth Savings Bank of Australia or another bank approved by the Treasurer.

Proper accounts to be kept

“31b. The Council shall cause to be kept proper accounts and records of the transactions and affairs of the University and shall do all things necessary to ensure that all payments out of the moneys of the University are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the University and over the incurring of liabilities by the University.

Audit

“31c. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the University and records relating to assets of, or in the custody of, the University and shall forthwith draw the attention of the Council, and may draw the attention of the Minister, to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.

“(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).

“(3) The Auditor-General shall, at least once in each year, report to the Council and to the Minister the results of the inspection and audit carried out under sub-section (1).

“(4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the University relating directly or indirectly to the receipt or payment of moneys by the University or to the acquisition, receipt, custody or disposal of assets by the University.

“(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

“(6) The Auditor-General or a person authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirements.

“(7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.

Taxation

“31d. (1) Subject to sub-section (2), the University is not subject to taxation under the laws of the Commonwealth or of a State or Territory.

“(2) The Governor-General may make regulations providing that sub-section (1) does not apply in relation to taxation under a specified law.”.

19. After section 32 of the Principal Act the following section is inserted:

Membership of organization not to be compulsory

“32a. (1) Admission of a person to, or enrolment of a person at, the University as a student shall not be refused on the ground that he has refused or failed to make application to become a member of an organization of students, or of students and other persons.

“(2) The enrolment of a student at the University shall not be terminated or suspended on the ground that he has refused or failed to become, or has ceased to be, a member of an organization of students, or of students and other persons.

“(3) No discrimination based on refusal or failure to become a member of, or termination of membership of, an organization of students, or of students and other persons, shall be applicable in respect of—

(a) admission to, or continuation in, any course of study or instruction at the University;

(b) the conferring of a degree, diploma or certificate of the University; or

(c) the enjoyment of any benefit, advantage or privilege in relation to the University.

“(4) The reference in sub-section (3) to a benefit, advantage or privilege in relation to the University shall be read as not including a benefit, advantage or privilege available, under the constitution of an organization of students, or of students and other persons, only to persons who are members of that organization.”.

20. Section 33 of the Principal Act is repealed and the following section substituted:

Annual report

“33. (1) The Council shall, as soon as practicable after each 31 December, prepare and transmit to the Governor-General a report of the operations of the University during the year ended on that date, together with financial statements in respect of that year in such form as the Minister for Finance approves.

“(2) Before transmitting financial statements to the Governor-General, the Council shall submit them to the Auditor-General, who shall report to the Governor-General and to the Council—

(a) whether, in his opinion, the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records;

(c) whether, in his opinion, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the University during the year have been in accordance with this Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Governor-General.

“(3) The Council shall cause a copy of the report and financial statements of the University, together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their transmission to the Governor-General.”.

Formal amendments

21. The Principal Act is amended as set out in the Schedule.

Transitional

22. (1) In this section—

“amended Act” means the Principal Act as amended and in force on the commencing date;

“commencing date” means the date fixed under sub-section 2(3);

“Principal Act” means the Australian National University Act 1946 as in force immediately before the commencing date.

(2) Expressions used in this section that are defined by the Principal Act or by the amended Act have—

(a) in respect of any time before the commencing date, the same respective meanings as they had in the Principal Act; and

(b) in respect of any time on or after the commencing date, the same respective meanings as they have in the amended Act.

(3) Section 4 of the Acts Interpretation Act 1901 has effect in relation to this Act as if any reference in that section to an appointment included a reference to a choice under paragraph 15a(1)(e) or (g), or paragraph 15b(1)(e), of the amended Act, or to an election under paragraph 15b(1)(k) of the amended Act, and any Statute made before the commencing date for the purposes of such a choice or election shall, notwithstanding sub-section 4(2) of the Acts Interpretation Act 1901, come into force as provided by section 28 of the Principal Act to the extent that it is necessary that the Statute be in force before the commencing date for the making of such a choice or the holding of such an election before that date.

(4) For the purposes of the amended Act—

(a) the person holding office immediately before the commencing date as the Deputy Chairman of the Board of the Institute shall be deemed to have been appointed, upon the commencing date, to the office of Chairman of that Board for a period equal to the period that, immediately before the commencing date, was the unexpired portion of his term of office in the first-mentioned office;

(b) the person holding office immediately before the commencing date as the Deputy Chairman of the Board of the School shall be deemed to have been appointed, upon the commencing date, to the office of Chairman of the Board of The Faculties for a period equal to the period that, immediately before the commencing date, was the unexpired portion of his term of office in the first-mentioned office;

(c) a resolution of the Board of the Institute or of the Board of the School having effect immediately before the commencing date shall, until it is rescinded by a resolution of the Board of the Institute or by a resolution of the Board of The Faculties, as the case requires, continue to have effect as if it were a resolution of that Board; and

(d) any agreement or instrument subsisting immediately before the commencing date to which the University was a party has effect on and after that date as if any reference in the agreement or instrument to the Deputy Chairman of the Board of the Institute, the School, the Board of the School or the Deputy Chairman of that Board included a reference to the Chairman of the Board of the Institute, The Faculties, the Board of The Faculties or the Chairman of the Board of The Faculties, respectively.

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SCHEDULE Section 21

FORMAL AMENDMENTS