Australian National University (ANU Foundation) Statute 2023


The Council of the University makes the following statute.

Dated 6 OCTOBER 2023

The Hon Julie Bishop





Part 1— Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Gifts made to the University

Part 2— The ANU Foundation

6 Establishment and purpose of ANU Foundation

7 Gifts to be accounted for through ANU Foundation

8 Gift determinations

Part 3— ANU Foundation Board

Division 3.1— ANU Foundation Board and its functions and powers

9 Establishment of ANU Foundation Board

10 ANU Foundation Board functions and powers

11 Committees and working groups

Division 3.2— Board composition

12 Board membership

13 Chair and Deputy Chair

Division 3.3— Board members

14 Eligibility for appointment as Council-appointed member

15 Terms of appointment of appointed members

16 Remuneration and allowances of members

17 Application of PGPA Act and Rule

18 Termination of appointment of appointed members by Council

19 Resignation of appointed members

Division 3.4— Board procedures

20 Holding Board meetings

21 Presiding at Board meetings

22 Quorum at Board meetings

23 Voting at Board meetings

24 Board decisions without meetings

25 Board proceedings generally

Part 4— Repeal, transitional provisions and expiry

Division 4.1— Repeal

26 Repeal of instrument

Division 4.2— Transitional provisions

27 Transitional: existing student member

28 Transitional rules

29 Application of Legislation Statute, section 26

30 Transitional provisions additional

Division 4.3— Expiry

31 Expiry of instrument

Part 1—Preliminary

This is the Australian National University (ANU Foundation) Statute 2023.

This instrument commences on the day after it is registered.

This instrument is made under the Australian National University Act 1991, section 50 (Statutes).

In this instrument:

appointed member means a Council-appointed member, the student member, or any Indigenous member.

assets include money and any other kind of property.

Board means the ANU Foundation Board.

Chair means the Chair of the ANU Foundation Board.

Council-appointed member: see section 12(2) (Board membership) and, to remove any doubt, includes the Chair and Deputy Chair.

Deputy Chair means the Deputy Chair of the ANU Foundation Board.

Foundation means the ANU Foundation.

gift made to the University: see section 5.

Indigenous member: see section 12(6) (Board membership).

member means a member of the ANU Foundation Board and, to remove any doubt, includes the Chair, the Deputy Chair, and any other appointed member.

proper use means use that is efficient, effective, economical and ethical.

student member: see section 12(4) (Board membership).


[Note: For definitions applying to University legislation generally, see the dictionary in the Legislation Statute. That dictionary defines terms relevant to this instrument, including the following:


University entity or position means an entity or position in or for the University, and includes, for example, an entity or position established within the University:

Part 2—The ANU Foundation

The ANU Foundation is established within the University to provide a governance framework for gifts made to the University to ensure that:

 [Note: See the definition of proper use in section 4.]

Part 3—ANU Foundation Board

The ANU Foundation Board is established within the University.

The ANU Foundation Board may establish committees and working groups to assist it to exercise its functions.

Examples for subsection (3)(a)

1 travelling allowances

2 training and development allowances

PGPA Act means the Public Governance, Performance and Accountability Act 2013.

PGPA Rule means the Public Governance, Performance and Accountability Rule 2014.

relevant provisions mean the following provisions:

[Note: The Board may permit members to participate in meetings by telephone, closed-circuit television, or any other means of communication. A member who participates in a meeting under a permission is taken to be present at the meeting (see Acts Interpretation Act, s 33B).]

[Note: Under the Public Governance, Performance and Accountability Rule 2014 (see section 16B(2)), if a member has a material personal interest that relates to the affairs of the University (including the ANU Foundation or ANU Foundation Board), the member must not be present at a Board meeting if a matter in which member has the interest is being considered at the meeting and must not vote on the matter.]

[Note: The Public Governance, Performance and Accountability Act 2013 (see section 29) and the Public Governance, Performance and Accountability Rule 2014 (see Part 2-2, Division 2) contain provisions requiring members to disclose details of material personal interests and dealing with the consequences of a disclosure, including not participating in Board meetings or voting on a matter in which the member has an interest.]

Part 4—Repeal, transitional provisions and expiry

(2)    This instrument (other than this section) does not limit the matters that may be prescribed by rules made for subsection (1).

(3)    Rules made for subsection (1) have effect despite anything in this instrument (other than this section).