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University of Canberra Act 1989

Authoritative Version
Act No. 179 of 1989 as amended, taking into account amendments up to Act No. 152 of 1997
An Act to establish and incorporate a University of Canberra, and for related purposes
Administered by: Education, Skills and Employment
Registered 08 Dec 2009
Start Date 01 Jan 1998

University of Canberra Act 1989

Act No. 179 of 1989 as amended

This compilation was prepared on 24 February 2000
taking into account amendments up to Act No. 152 of 1997

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

  

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement................................................................................... 1

3............ Definitions.......................................................................................... 1

Part 2—The University of Canberra                                                                         3

Division 1—Establishment of the University                                                    3

4............ Establishment of the University.......................................................... 3

4A......... Modification of the Commonwealth Authorities and Companies Act 1997  3

4B......... University’s financial year starts on 1 January.................................... 4

6............ Functions of the University................................................................. 4

7............ Powers of the University.................................................................... 4

8............ Organisation of the University............................................................ 5

Division 2—The Council                                                                                             6

9............ The Council......................................................................................... 6

10.......... Powers of Council.............................................................................. 6

11.......... Constitution of Council....................................................................... 6

12.......... Qualifications for membership of Council.......................................... 7

13.......... Meetings of Council............................................................................ 7

15.......... Vacation of office................................................................................ 8

16.......... Casual vacancies................................................................................. 8

17.......... Delegation to member of Council etc.................................................. 9

18.......... Delegation to committee of Council.................................................... 9

Division 3—The Academic Board                                                                        10

19.......... Academic Board................................................................................ 10

20.......... Constitution of Board........................................................................ 10

21.......... Chairperson of Board........................................................................ 10

22.......... Terms of office of Board members................................................... 10

23.......... Meetings of Board............................................................................ 11

Division 4—Senior officers of the University                                                12

24.......... Chancellor......................................................................................... 12

25.......... Vice-Chancellor................................................................................ 12

27.......... Acting appointments......................................................................... 12

Division 5—Miscellaneous                                                                                       14

28.......... Execution of contracts....................................................................... 14

29.......... Validity of acts and proceedings....................................................... 14

Part 3—Financial Matters                                                                                              15

Division 1—Fees                                                                                                            15

30.......... Fees................................................................................................... 15

Division 2—Finances of the University                                                             16

33.......... Application of fees and other money................................................. 16

34.......... Borrowing......................................................................................... 16

Part 4—Statutes                                                                                                                    17

40.......... Statutes.............................................................................................. 17

41.......... Statutes relating to traffic................................................................... 19

42.......... Statutes to be approved by Governor-General and published........... 20

Part 5—Consequential and Transitional Provisions                                      22

Division 1—Preliminary                                                                                            22

43.......... Definitions........................................................................................ 22

Division 3—General                                                                                                    23

45.......... University successor in law of the College....................................... 23

46.......... Transfer of assets and liabilities of College....................................... 23

47.......... College instruments........................................................................... 23

48.......... State or Territory officer may act on certificate.................................. 23

49.......... Pending proceedings......................................................................... 24

51.......... Preservation of College Statutes........................................................ 24

52.......... Staff of the College........................................................................... 24

Notes                                                                                                                                           27

 


An Act to establish and incorporate a University of Canberra, and for related purposes

Part 1Preliminary

  

1  Short title [see Note 1]

This Act may be cited as the University of Canberra Act 1989.

2  Commencement

This Act commences, or is to be treated as having commenced, as the case requires, on 1 January 1990.

3  Definitions

In this Act, unless the contrary intention appears:

academic staff means the persons who are to be regarded as members of the academic staff because of Statutes made under paragraph 40(2)(d).

Board means the Academic Board established by section 19.

Chancellor means the Chancellor of the University appointed under section 24.

College means the Canberra College of Advanced Education established by the College Act.

College Act means the Canberra College of Advanced Education Act 1967.

commencement means the commencement of this Act.

Council means the Council referred to in section 9.

elect includes re-elect.

general staff means members of the staff of the University other than:

                     (a)  the Vice-Chancellor; and

                     (b)  the members of the academic staff.

Statute means a Statute of the University made by the Council under Part 4.

University means the University established by section 4.

Vice-Chancellor means the Vice-Chancellor of the University appointed under section 25.


 

Part 2The University of Canberra

Division 1Establishment of the University

4  Establishment of the University

             (1)  A University is established.

             (2)  The name of the University is the University of Canberra.

             (3)  The University:

                     (a)  is a body corporate; and

                     (b)  is to have a seal; and

                     (c)  may acquire, hold and dispose of real and personal property.

Note:         Subject to section 4A, the Commonwealth Authorities and Companies Act 1997 applies to the University. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

             (4)  The seal of the University must be kept in such custody as the Council directs and must not be used except as authorised by the Council.

             (5)  All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of the University appearing on a document and must presume that it was duly fixed.

4A  Modification of the Commonwealth Authorities and Companies Act 1997

             (1)  Sections 14 and 28 of the Commonwealth Authorities and Companies Act 1997 do not apply to the University.

             (2)  Nothing in section 16 of the Commonwealth Authorities and Companies Act 1997 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.

4B  University’s financial year starts on 1 January

                   For the purposes of the Commonwealth Authorities and Companies Act 1997, the University’s financial year is a period of 12 months starting on 1 January.

6  Functions of the University

             (1)  The functions of the University include:

                     (a)  to transmit and advance knowledge by undertaking teaching and research of the highest quality; and

                     (b)  to encourage, and provide facilities for, postgraduate study and research; and

                     (c)  to provide facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas; and

                     (d)  to award and confer degrees, diplomas and certificates, whether in its own right, jointly with other institutions or as otherwise determined by the Council; and

                     (e)  to provide opportunities for persons, including those who already have post-secondary qualifications, to obtain higher education qualifications; and

                      (f)  to engage in extension activities.

             (2)  In the performance of its functions, the University must pay special attention to the needs of the Australian Capital Territory and the surrounding regions.

7  Powers of the University

             (1)  Subject to Division 2 of Part 3, the University has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.

             (2)  The powers of the University under subsection (1) include, but are not limited to, the following powers:

                     (a)  to buy, take on lease, or otherwise acquire, real and personal property, and to sell, grant leases of, or otherwise dispose of, such property;

                     (b)  to develop commercially any discovery, invention or property;

                     (c)  to make charges for work done, services rendered and goods and information supplied by it;

                     (d)  to join in the formation of companies;

                     (e)  to subscribe for and buy shares in, and debentures and other securities of, companies;

                      (f)  to enter into partnerships;

                     (g)  to participate in joint ventures and arrangements for the sharing of profits;

                     (h)  to enter into contracts;

                      (j)  to erect buildings;

                     (k)  to occupy, use and control any land or buildings owned or leased by the Commonwealth or the Australian Capital Territory and made available for the purposes of the University;

                    (m)  to employ staff;

                     (o)  to make loans and grants to students;

                     (p)  to accept gifts, grants, bequests and devises made to it;

                     (q)  to act as trustee of money and other property vested in it on trust;

                      (r)  to do such other things as it is authorised to do by or under this Act or any other Act;

                      (s)  to do anything incidental to any of its powers.

             (3)  In spite of anything contained in this Act or the Commonwealth Authorities and Companies Act 1997, any money or other property held by the University on trust must be dealt with in accordance with the powers and duties of the University as trustee.

             (4)  The powers of the University may be exercised within or outside Australia.

8  Organisation of the University

There are to be, within the University, such faculties and other bodies as are determined by the Council.


 

Division 2The Council

9  The Council

The governing authority of the University is the Council.

10  Powers of Council

             (1)  Subject to this Act and the Statutes, the Council has the entire management of the University.

             (2)  The Council is to act in all matters concerning the University in the way it thinks will best promote the interests of the University.

             (3)  The powers of the Council include, but are not limited to, the power to appoint persons (whether members of the staff of the University or not) to positions of responsibility within the University.

11  Constitution of Council

             (1)  The Council consists of the following members:

                    (aa)  the Chancellor;

                     (a)  the Vice-Chancellor;

                     (b)  7 persons appointed by the Governor-General;

                     (c)  3 persons appointed by the Chief Minister of the Australian Capital Territory;

                     (e)  one person (not being an employee or student of the University) elected by graduates of the University and of the College;

                      (f)  3 members of the academic staff elected by members of that staff;

                     (g)  one member of the general staff elected by members of that staff;

                     (h)  2 students of the University elected by students of the University;

                      (j)  the person or persons (if any) appointed under subsection (2).

             (2)  Where the Council considers that it is necessary to appoint 1 or 2 extra members of the Council to enable the Council to perform its functions efficiently, the Council may appoint a person or persons as a member or members of the Council.

             (3)  An employee or student of the University is not to be appointed under subsection (2).

             (4)  Subject to this Act, a member of the Council referred to in paragraph (1)(b), (c) or (j) holds office for such period, not exceeding 4 years, as is specified in the instrument of appointment.

             (5)  Subject to this Act, the members of the Council referred to in paragraphs (1)(e), (f), (g) and (h) hold office for such periods as the Statutes provide.

12  Qualifications for membership of Council

             (1)  A person is not qualified to become or remain a member of the Council (other than the Vice-Chancellor) if the person:

                     (a)  is under 18; or

                     (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 person’s creditors under the law relating to bankruptcy; or

                     (c)  has been convicted of an offence against a Commonwealth, State or Territory law and sentenced to imprisonment for one year or longer.

             (2)  Disqualification under subsection (1) is to expire 2 years from the date of conviction or the date of release from prison, whichever is the later.

13  Meetings of Council

             (1)  The Chancellor is to preside at all meetings of the Council at which she or he is present.

             (2)  If the Chancellor is not present at a meeting of the Council, the members present must elect one of their number to preside at the meeting.

             (3)  At a meeting of the Council, a quorum consists of a majority of the persons for the time being holding office as members of the Council.

15  Vacation of office

             (1)  The office of a member of the Council (other than the Vice-Chancellor) becomes vacant if the member:

                     (a)  becomes disqualified under section 12 from remaining a member of the Council; or

                     (b)  dies; or

                     (c)  resigns from the Council; or

                     (d)  is absent without leave of the Council from 3 consecutive meetings of the Council; or

                     (e)  without reasonable excuse, contravenes section 21 of the Commonwealth Authorities and Companies Act 1997; or

                     (f)  in the case of a member referred to in paragraph 11(1)(c)—ceases to be qualified to be appointed as mentioned in that paragraph; or

                     (g)  in the case of a member referred to in paragraph 11(1)(e), (f), (g) or (h)—ceases to be qualified to be elected as mentioned in the paragraph concerned; or

                     (h)  in the case of a member referred to in paragraph 11(1)(j)—becomes an employee or student of the University.

             (2)  If a person holding office as a member of the Council referred to in one of the paragraphs of subsection 11(1) is, before otherwise ceasing to hold that office, appointed to the office of Chancellor or Vice-Chancellor, that person ceases, upon being so appointed, to hold that first-mentioned office.

             (3)  If the office of a member referred to in paragraph 11(1)(b) or (c) becomes vacant, the Council must, in writing, notify the Governor-General of that fact.

16  Casual vacancies

             (1)  A casual vacancy in the membership of the Council is to be filled:

                     (a)  where the Statutes make provision for the filling of that casual vacancy—as provided by the Statutes; or

                     (b)  in any other case—as provided in subsection 11(1) for the appointment or election of a person to the vacant office.

             (2)  A person appointed or elected to fill a casual vacancy holds office for the remainder of the term of office of the person’s predecessor.

17  Delegation to member of Council etc.

             (1)  The Council may delegate all or any of its functions and powers under this Act (except its powers to make Statutes) to:

                     (a)  a member of the Council; or

                     (b)  the Vice-Chancellor or a member of the staff of the University.

             (2)  The Council may revoke a delegation under this section.

18  Delegation to committee of Council

             (1)  The Council may delegate all or any of its functions and powers under this Act (except its powers to make Statutes) to the members of a committee consisting of:

                     (a)  members of the Council; or

                     (b)  a member or members of the Council and other persons.

            (2)  A function or power so delegated may be performed or exercised by a majority of the members of the committee, acting jointly, and may not otherwise be performed or exercised under the delegation.

             (3)  The Council may revoke a delegation under this section.


 

Division 3The Academic Board

19  Academic Board

             (1)  There is to be an Academic Board.

             (2)  The Board:

                     (a)  subject to the Statutes, is responsible under the Council for all academic matters relating to the University; and

                     (b)  may advise the Council on any matter relating to education, learning or research or the academic work of the University.

20  Constitution of Board

The Board consists of the following members:

                     (a)  the Vice-Chancellor or her or his nominee;

                     (b)  the Chairperson appointed under section 21;

                     (c)  the heads of faculties;

                     (d)  such heads of the other bodies referred to in section 8 as are designated by the Council for the purposes of this section;

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

                     (g)  such students of the University as are elected by students in accordance with the Statutes;

                     (h)  such other persons (if any) as the Council appoints after receiving the advice of the Board itself.

21  Chairperson of Board

The Vice-Chancellor or her or his nominee is to be the Chairperson of the Board.

22  Terms of office of Board members

             (1)  A member of the Board referred to in paragraph 20(f) or (g) holds office, subject to this Act and to the Statutes, for such period as is specified in the Statutes.

            (2)  A member of the Board referred to in paragraph 20(h) holds office, subject to this Act and to the Statutes, for such period as is specified in the instrument appointing that member.

             (3)  If a person holding office as a member referred to in one of the paragraphs of section 20 becomes, before otherwise ceasing to hold that office, a member referred to in another of those paragraphs, that person ceases, upon becoming such a member, to hold that first-mentioned office.

             (4)  Where a person becomes a member of the Board because of the filling of a casual vacancy in the office of a member referred to in paragraph 20(f) or (g) (including a casual vacancy occurring because of subsection (3)), that person holds office, subject to this Act and to the Statutes, for the remainder of the term of office of the person’s predecessor.

23  Meetings of Board

             (1)  Subject to subsection (2), the Chairperson of the Board is to preside at all meetings of the Board at which she or he is present.

             (2)  If the Chairperson:

                     (a)  is not present; or

                     (b)  declines to preside;

at a meeting of the Board, the members present must elect one of their number to preside at the meeting.

             (3)  At a meeting of the Board, a quorum consists of a majority of the persons for the time being holding office as members of the Board.


 

Division 4Senior officers of the University

24  Chancellor

             (1)  The Council must appoint a member of the Council or another person to be the Chancellor of the University.

             (2)  The Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.

25  Vice-Chancellor

             (1)  The Council must appoint a member of the Council or another person to be the Vice-Chancellor of the University.

             (2)  The Vice-Chancellor:

                     (a)  is the executive officer of the University; and

                     (b)  has such powers and duties as the Statutes prescribe or, subject to the Statutes, as the Council determines.

             (3)  The Vice-Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.

27  Acting appointments

             (1)  The Council may appoint a person to act in the office of Vice-Chancellor:

                     (a)  during a vacancy in the office, whether or not an appointment has previously been made to 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 reason, unable to perform the duties of the office;

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

             (2)  Anything done by or in relation to a person purporting to act under an appointment made under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.


 

Division 5Miscellaneous

28  Execution of contracts

             (1)  Any contract that, if made between private persons, would be by law required to be in writing under seal may be made on behalf of the University in writing under the seal of the University.

             (2)  Any contract to which subsection (1) 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.

29  Validity of acts and proceedings

             (1)  This section applies to the following acts and proceedings:

                     (a)  an act or proceeding of the Council or the Board;

                     (b)  an act or proceeding of the members, or a committee, of the Council or the Board;

                     (c)  an act done by the Chancellor or Vice-Chancellor.

             (2)  An act or proceeding is not invalid merely because of:

                     (a)  a defect in the appointment, election, choosing or admission of:

                              (i)  the Chancellor or Vice-Chancellor; or

                             (ii)  any other member of the Council or the Board or of a committee of either; or

                     (b)  the disqualification of a member of the Council or the Board or of a committee of the Council or the Board from membership of the Council, Board or committee; or

                     (c)  a defect in the convening of a meeting; or

                     (d)  a vacancy in the membership of the Council or the Board.


 

Part 3Financial Matters

Division 1Fees

30  Fees

             (1)  Fees, other than fees referred to in section 13 of the Higher Education Funding Act 1988 or fees excluded from the definition of fees in section 3 of that Act, are not payable to the University.

             (2)  Fees that are payable to the University are payable in accordance with the Statutes.


 

Division 2Finances of the University

33  Application of fees and other money

             (1)  All financial assistance paid to the University under the Higher Education Funding Act 1988 and all fees and other money received by the University under this Act or otherwise must be applied by the Council solely for the purposes of the University.

             (2)  Subsection (1) does not prevent the investment of surplus money of the University under section 18 of the Commonwealth Authorities and Companies Act 1997.

34  Borrowing

             (1)  Subject to subsection (2), the University may borrow money.

             (2)  The University’s power to borrow is subject to such limits as the Treasurer determines as to:

                     (a)  the total amount of money (other than interest) that may be owed by the University at any time as a result of borrowings; and

                     (b)  the periods for which money may be borrowed.


 

Part 4Statutes

  

40  Statutes

             (1)  The Council may make Statutes, not inconsistent with this Act or the Commonwealth Authorities and Companies Act 1997, prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the Statutes; or

                     (b)  necessary or convenient to be prescribed by the Statutes for carrying out or giving effect to this Act.

             (2)  The powers of the Council under subsection (1) include, but are not limited to, the power to make Statutes with respect to the following matters:

                     (a)  the management, good government and discipline of the University;

                     (b)  the imposition, by or on behalf of the University, of penalties upon:

                              (i)  students of the University; or

                             (ii)  persons employed by the University;

                             for contravention of a Statute made under paragraph (a);

                     (c)  the method of any election provided for by this Act, and the determination of questions raised in relation to the conduct or result of any such election;

                     (d)  the persons who are to be regarded, for the purposes of this Act, as members of the academic staff;

                     (e)  in relation to the Council or the Board:

                              (i)  the manner and time of convening, holding and adjourning its meetings; and

                             (ii)  voting at such meetings (including postal or proxy voting); and

                            (iii)  disclosure of pecuniary interests at meetings of the Board; and

                            (iv)  the appointment, powers and duties of chairpersons at such meetings; and

                             (v)  the conduct and recording of business at such meetings; and

                            (vi)  the appointment of committees; and

                           (vii)  the quorums for meetings of committees and the powers and duties of committees;

                      (f)  the resignation of members of the Council and the Board;

                     (g)  the resignation of the Chancellor and Vice-Chancellor;

                     (h)  the tenure of the holder of any office or place established by or under this Act in respect of which this Act does not:

                              (i)  specify a term of office; or

                             (ii)  provide for the fixing of the term of office otherwise than by the Statutes;

                      (j)  the employment of members of staff of the University, including the terms and conditions of such employment and the termination of such employment;

                     (k)  the appointment of persons to positions of responsibility within the University, the terms and conditions of such appointments and the termination of such appointments;

                    (m)  the admission and enrolment of students;

                     (n)  the times, places and manner of holding lectures, classes and examinations, and the number and character of such lectures, classes and examinations;

                     (o)  the promotion and extension of University teaching;

                     (p)  the granting of degrees, diplomas, certificates and honours;

                     (q)  the granting of fellowships, scholarships, exhibitions and bursaries;

                      (r)  the admission:

                              (i)  of persons who are undertaking or have undertaken studies at another institution to any corresponding status within the University; or

                             (ii)  of persons who hold degrees, diplomas or other awards granted by other institutions to any corresponding degree, diploma or other award of the University without examination;

                      (s)  the exemption of persons undertaking a course leading to a degree, diploma or other award from the requirement to undertake particular work that would otherwise be required to be undertaken for the purposes of that course, whether or not on condition that other work be undertaken instead of the work the subject of the exemption;

                      (t)  the payment to the University of:

                              (i)  fees referred to in section 13 of the Higher Education Funding Act 1988; or

                             (ii)  fees excluded from the definition of fees in section 3 of that Act;

                     (u)  the establishment, management and control of libraries, laboratories and museums in connection with the University;

                    (w)  the establishment or affiliation of residential colleges;

                     (y)  the affiliation or admission to the University of any education or research establishment wherever it is;

                     (z)  the control and investment of the property of the University;

                    (za)  the provision of superannuation or similar benefits for, and for the families of, the Vice-Chancellor and other persons employed by the University.

             (3)  The Statutes may empower any authority (including the Council) or officer of the University to make rules or orders, not inconsistent with this Act or with any Statute:

                     (a)  regulating, or providing for the regulation of, any specified matter (being a matter with respect to which Statutes may be made); or

                     (b)  for carrying out or giving effect to the Statutes.

             (4)  A rule or order made under a Statute made under subsection (3) has the same force and effect as a Statute.

             (5)  Subsection (3) does not permit the making of rules or orders:

                     (a)  regulating, or providing for the regulation of, a matter referred to in subsection 41(1); or

                     (b)  for carrying out or giving effect to a Statute dealing with a matter referred to in subsection 41(1) except to the extent that the rules or orders are made with respect to the discipline of the University and provide for the enforcement of such a Statute.

41  Statutes relating to traffic

             (1)  The Council may make Statutes:

                     (a)  for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the University in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and

                     (b)  providing for the punishment, upon summary conviction, by a fine not exceeding $200, of offences against such a Statute.

             (2)  A Statute made under this section is not to be inconsistent with a law of the Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self-Government) Act 1988), but a Statute is not to be treated as inconsistent with such a law merely because it makes provisions with respect to a matter dealt with by that law, if the provisions can be complied with without contravening that law.

42  Statutes to be approved by Governor-General and published

             (1)  When a Statute has been made by the Council:

                     (a)  it must be sealed with the seal of the University; and

                     (b)  the Chancellor must transmit the Statute to the Governor- General for approval.

             (2)  When a Statute has been approved by the Governor-General:

                     (a)  the Council must cause the Statute to be notified in the Gazette; and

                     (b)  the Statute has the force of law from the day on which it is so notified.

             (3)  The notification of a Statute in the Gazette must specify the place at which copies of the Statute may be bought.

             (4)  A copy of a Statute must be laid before each House of the Parliament within 15 sitting days of that House after the Statute is notified in the Gazette.

             (5)  The production of:

                     (a)  a copy of a Statute under the seal of the University; or

                     (b)  a document purporting to be a copy of a Statute and to have been printed by the Government Printer;

is, in all proceedings, sufficient evidence of the Statute.

             (6)  The Statutes must be numbered consecutively in the order in which they are notified in the Gazette.

             (7)  A notice in the Gazette of the fact that a Statute has been made that specifies the number of the Statute is sufficient compliance with the requirement of subsection (2) that the Statute be notified in the Gazette.


 

Part 5Consequential and transitional provisions

Division 1Preliminary

43  Definitions

In this Part, unless the contrary intention appears:

assets means property of every kind, and includes, but is not limited to:

                     (a)  choses in action; and

                     (b)  rights, interests and claims of every kind in or to property, whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.

Appropriation Act means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.

College instrument means an instrument (including a legislative instrument) or any other document:

                     (a)  to which the College was a party; or

                     (b)  that was given to or in favour of the College; or

                     (c)  in which a reference is made to the College; or

                     (d)  under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by the College;

being an instrument or document subsisting immediately before the commencement.

College Statute means a Statute made by the Council of the College under section 21 of the College Act.

liabilities means liabilities of every kind, and includes, but is not limited to, obligations of every kind, whether arising under an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing.


 

Division 3General

45  University successor in law of the College

The University is the successor in law of the College, and the succeeding provisions of this Division do not limit the generality of this section.

46  Transfer of assets and liabilities of College

             (1)  At the commencement, the assets and liabilities of the College become assets and liabilities of the University.

             (2)  The following provisions apply to those assets and liabilities:

                     (a)  an asset that was, immediately before the commencement, held by the College on trust is, after the commencement, to be held by the University on trust and subject to the terms of the trust on which the asset was so held by the College;

                     (b)  liabilities of the College to make payments are, after the commencement, to be taken to be liabilities incurred by the University in the performance of its functions and the exercise of its powers.

47  College instruments

A College instrument continues to have effect after the commencement but, in its operation in relation to anything occurring after the commencement, has effect as if a reference in the instrument to the College were a reference to the University.

48  State or Territory officer may act on certificate

Where:

                     (a)  under this Division an estate or interest in land becomes an asset of the University; and

                     (b)  a certificate that:

                              (i)  identifies the land and the estate or interest; and

                             (ii)  states that the estate or interest has, because of this Division, become an asset of the University; and

                            (iii)  is signed by an officer of the Attorney-General’s Department authorised by the Secretary to that Department to give such certificates;

                            is lodged with the Registrar-General, Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the officer with whom the certificate is lodged may deal with and give effect to the certificate as if it were a grant, conveyance, memorandum or instrument of transfer of the estate or interest to the University duly executed under the laws in force in that State or Territory.

49  Pending proceedings

Where, immediately before the commencement, proceedings to which the College was a party were pending in any court, then, after the commencement, the University is substituted for the College as a party to the proceedings and has the same rights in the proceedings as the College had.

51  Preservation of College Statutes

Where a College Statute was in force immediately before the commencement:

                     (a)  the College Statute is to be regarded as a Statute duly made by the Council under Part 4; and

                     (b)  the requirements of section 42 are to be regarded as having been complied with in relation to the College Statute; and

                     (c)  the College Statute may be amended or repealed by the Council accordingly; and

                     (d)  any rules or orders made under the College Statute that were in force immediately before the commencement continue to have effect as if they had been made under the College Statute.

52  Staff of the College

             (1)  A person who, immediately before the commencement, was employed as a member of the staff of the College is to be regarded as:

                     (a)  having been employed, with effect from the commencement, as a member of the staff of the University; and

                     (b)  having been so employed on the same conditions as those on which the person was employed as a member of the staff of the College; and

                     (c)  having accrued an entitlement to benefits in connection with that employment that is equivalent to the entitlement that the person had accrued in connection with employment as a member of the staff of the College immediately before the commencement.

             (2)  Where, because of subsection (1), a person is regarded as having been employed as a member of the staff of the University with effect from the commencement, that employment is to be regarded for all purposes as having been continuous with the employment of the person immediately before the commencement as a member of the staff of the College.


Notes to the University of Canberra Act 1989

Note 1

The University of Canberra Act 1989 as shown in this reprint comprises Act No. 179, 1989 amended as indicated in the Tables below.

The University of Canberra Act 1989 was amended by the University of Canberra (Cessation of Sponsorship) Regulations. The amendments are incorporated in this reprint.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

University of Canberra Act 1989

179, 1989

28 Dec 1989

1 Jan 1990

 

University of Canberra Amendment Act 1991

132, 1991

2 Sept 1991

2 Sept 1991

Sales Tax Amendment (Transitional) Act 1992

118, 1992

30 Sept 1992

28 Oct 1992

Higher Education Funding Amendment Act (No. 2) 1992

158, 1992

11 Dec 1992

S. 37: 1 Jan 1993 (a)

Industrial Relations and other Legislation Amendment Act 1995

168, 1995

16 Dec 1995

Ss. 1-12, Schedules 5 and 7-10: Royal Assent
S. 13: 13 Jan 1996
Remainder: 15 Jan 1996 (see Gazette 1996, No. S16)

Education Legislation Amendment Act 1997

66, 1997

30 May 1997

Schedule 1 (items 1-13): 1 Dec 1997 (b)

Sch. 1 (items 19-23) [see Table A]

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Schedule 2 (items 1261-1270): 1 Jan 1998 (see Gazette 1997, No. GN49) (c)

 


 

(a)     The University of Canberra Act 1989 was amended by section 37 only of the Higher Education Funding Amendment Act (No. 2) 1992, subsection  (2) of which provides as follows:

                 (2)   Parts 2, 3 and 5 commence, or are taken to have commenced, on 1 January 1993.

(b)     The University of Canberra Act 1989 was amended by Schedule 1 (items 1-13) only of the Education Legislation Amendment Act 1997, subsections 2(2) and (3) of which provide as follows:

                 (2)   Subject to subsection (3), Part 1 of Schedule 1 commences on a day to be fixed by Proclamation.

                 (3)   If Part 1 of Schedule 1 does not commence under subsection (2) within 6 months after the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

(c)     The University of Canberra Act 1989  was amended by Schedule 2 (items 1261-1270) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

         Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Title..........................................

am. No. 66, 1997

Preamble..................................

am. No. 66, 1997

S. 3...........................................

am. No. 132, 1991; No. 66, 1997

S. 4...........................................

am. No. 152, 1997

Ss. 4A, 4B................................

ad. No. 152, 1997

S. 5...........................................

rep. Statutory Rules 1993 No. 69

S. 7...........................................

am. No. 152, 1997

S. 11.........................................

am. No. 132, 1991; No. 66, 1997

S. 14.........................................

rep. No. 152, 1997

S. 15.........................................

am. No. 132, 1991; Nos. 66 and 152, 1997

S. 20.........................................

am. No. 66, 1997

S. 22.........................................

am. No. 66, 1997

S. 24.........................................

am. No. 132, 1991

S. 26.........................................

rep. No. 168, 1995

S. 30.........................................

rs. No. 158, 1992

Ss. 31, 32.................................

rep. No. 158, 1992

S. 33.........................................

am. No. 158, 1992; No. 152, 1997

Ss. 35-37..................................

rep. No. 152, 1997

S. 38.........................................

am. No. 118, 1992

 

rep. No. 66, 1997

S. 39.........................................

am. No. 132, 1991

 

rep. No. 152, 1997

S. 40.........................................

am. No. 158, 1992; No. 152, 1997

Div. 2 of Part 5 (s. 44))............

rep. No. 66, 1997

S. 44.........................................

rep. No. 66, 1997

S. 50.........................................

rep, No. 66, 1997

Ss. 53, 54.................................

rep. No. 66, 1997

Div. 4 of Part 5.........................
(ss. 55-60)

rep. No. 66, 1997

Ss. 55-60..................................

rep. No. 66, 1997

Div. 5 of Part 5.........................
(s. 61)

rep. No. 66, 1997

S. 61.........................................

rep. No. 66, 1997

 


TABLE A

Application, saving or transitional provisions

Education Legislation Amendment Act 1997 (No. 66, 1997)

Schedule 1

Part 4—Transitional provisions

19  Purpose of this Part

         This Part sets out transitional provisions relating to the transfer of the responsibility for the University of Canberra from the Commonwealth to the Australian Capital Territory.

20  Definitions

         In this Part, unless the contrary intention appears:

ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self-Government) Act 1988.

transfer day means the day on which Part 1 of this Schedule commences.

University means the University of Canberra established by section 4 of the University Act.

University Act means the University of Canberra Act 1989 as in force from time to time before the transfer day.

21  Terms and conditions of employment of University employees

         If a person was employed by the University immediately before the transfer day, this Act does not affect the terms and conditions (including any accrued entitlement to benefits) of that employment.

22  Audit

         If the transfer day is less than a year after the end of the last period in respect of which a report was made by the Auditor-General under subsection 37(4) of the University Act, that subsection has effect in respect of the period (the final reporting period) beginning immediately after the end of that last period and ending immediately before the transfer day as if the reference to a year in that subsection were a reference to the final reporting period.

23  Annual report and financial statements

         If the transfer day is less than a year after the end of the last year in respect of which a report was prepared under section 39 of the University Act, that section has effect in respect of the period beginning immediately after the end of that last year and ending immediately before the transfer day as if:

                          (a)  a reference in that section to a year were a reference to that period; and

                          (b)  a reference in that section to 31 December were a reference to the transfer day.