QueenslandSUNSHINECOASTUNIVERSITYCOLLEGEACT1994Reprinted as in force on 30 October
1997(includes amendments up to Act No. 65 of
1996)Reprint No. 1BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 30 October 1997.The reprint shows
the law as amendedby all amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s15s2Sunshine Coast University College Act
1994SUNSHINE COAST UNIVERSITY COLLEGEACT
1994[as amended by all amendments that commenced
on or before 30 October 1997]AnActtoestablishtheSunshineCoastUniversityCollege,andforrelated
purposes†PART 1—PRELIMINARY˙Short
title1.This Act may be cited as theSunshine Coast University College Act1994.˙Commencement2.(1)This
Act (other than Part 2, Division 3, and Part 4, Divisions 2and
3) commences on 1 July 1994.(2)Part
4, Divisions 2 and 3 commence on 1 January 1996.(3)Part 2, Division 3 commences on 1 July
1996.(4)However, a proclamation made
before—(a)1 January 1996—may fix a day earlier
than 1 January 1996 forthe commencement of Part 4, Divisions
2 and 3; and(b)1July1996—mayfixadaylaterthan1July1996forthecommencement of
Part 2, Division 3.(5)Section 15DA of theActs
Interpretation Act 1954does not apply tothis
Act.
s36s3Sunshine Coast University College Act
1994˙Definitions3.In
this Act—“academic staff”of the College
has the meaning given by section 4;“additional
member”means a member of the Council appointed
undersection 18;“appointed
member”means a member of the Council appointed
undersection 15;“authorisedperson”meansapersonholdingofficeasanauthorisedperson because
of an appointment under section 71;“Chancellor”means the
Chancellor of the College;“College”means the
Sunshine Coast University College;“College
rules”means College rules made under section
70;“College statute”means a College
statute made under section 67;“Convocation”means the
Convocation of the College;“Council”means the
Council of the College;“Deputy Chancellor”means the Deputy
Chancellor of the College;“elected member”means a member
of the Council elected or appointedunder section
16;“general staff”means staff
(other than academic staff) of the College;“highereducation”hasthemeaninggivenbytheHigherEducation(General
Provisions) Act 1993;“highereducationaward”hasthemeaninggivenbytheHigherEducation
(General Provisions) Act 1993;“land”of the College
means land and buildings owned by or under thecontrol of the
College;“member”means a member
of the Council;“official member”meansapersonwhoisanofficialmemberoftheCouncil under section 14;“official traffic sign”has the meaning
given by theTraffic Act 1949;“owner”of a vehicle
includes the person registered as the owner of the
s47s4Sunshine Coast University College Act
1994vehicle under—(a)theTransport Infrastructure (Roads) Act
1991; or(b)the
corresponding law of another State or a Territory;“Planning President”means the
Planning President of the College;“property”, in
Part 5, Division 1, includes income from the property and apart
or residue of the property;“QUT”means the
Queensland University of Technology;“requirement”of a regulatory
notice includes—(a)a direction on a regulatory notice;
and(b)a direction, indication or
requirement, declared by College statuteas being a
requirement of the notice;“security officer”meansapersonholdingofficeasasecurityofficerbecause of an appointment under section
71;“State land”means
land—(a)granted in trust, or reserved and set
apart for a purpose, under theLand Act
1962; and(b)vested in or placed under the control of the
College;“student”means a student
enrolled in the College;“Union”means the
Sunshine Coast University College Student Union;“vehicle”has the meaning
given by theTraffic Act 1949;“Vice-Chancellor”means the
Vice-Chancellor of the College.˙Meaning of “academic staff”4.The“academic
staff”of the College consist of—(a)the College’s teaching and research
staff; and(b)staffoftheCollegewhoseinstrumentofappointmentbytheCouncil states that they are members
of the College’s academicstaff.
s58s6Sunshine Coast University College Act
1994†PART 2—THE COLLEGE AND ITS
COUNCIL†Division 1—College establishment and
general functions and powers˙The
College5.(1)The Sunshine
Coast University College is established.(2)The
College—(a)is a corporation; and(b)has a seal; and(c)may
sue and be sued in its corporate name.˙Functions of College6.The
College’s functions are—(a)to provide
education at university standard; and(b)toprovidefacilitiesforstudyandresearchgenerallyand,inparticular, about matters of particular
importance to the people ofthe region
served by the College (the“region”); and(c)toencourage,bystudy,researchandinotherways,theadvancementanddevelopmentofknowledgeandthepracticalapplication of
knowledge to government, industry, commerce andthe community;
and(d)toprovidecoursesofstudyorinstruction(atthelevelsofachievement the Council considers
appropriate) to meet the needsof the region;
and(e)to confer higher education awards;
and(f)to disseminate knowledge and promote
scholarship; and(g)toprovidefacilitiesandresourcesforthewellbeingoftheCollege’s staff and students;
and(h)to exploit commercially, for the
College’s benefit, a facility orresource of the
College, including study, research or knowledge,orthepracticalapplicationofstudy,researchorknowledge,
s79s9Sunshine Coast University College Act
1994belonging to the College, whether alone or
with someone else;and(i)toperformotherfunctionsgiventotheCollegeunderthisoranother Act.˙General powers of College7.(1)TheCollegehasallthepowersofanindividual,andmay,forexample—(a)enter into contracts; and(b)acquire, hold, dispose of, and deal
with property; and(c)appoint agents and attorneys;
and(d)engage consultants; and(e)fix charges, and other terms, for
services and other facilities itsupplies;
and(f)do anything else necessary or
convenient to be done for, or inconnection with,
its functions.(2)Without limiting subsection (1), the
College has the powers given toit under this or
another Act.(3)The College may exercise its powers
inside or outside Queensland.(4)Without limiting subsection (3), the College
may exercise its powersoutside Australia.†Division 2—Council establishment and general
functions and powers˙The Council8.There is a Council of the
College.˙Functions of Council9.(1)The Council is
the College’s governing body.
s
1010s 12Sunshine Coast
University College Act 1994(2)The Council has
the functions conferred on it under this or anotherAct.˙Powers of
Council10.(1)TheCouncilmaydoanythingnecessarytobedonefor,orinconnection with, its functions.(2)Without limiting subsection (1), the
Council has the powers given toit under this or
another Act and, in particular—(a)to
appoint the College’s staff; and(b)to
manage and control the College’s affairs and property; and(c)to manage and control the College’s
finances.˙Way Council must act11.The Council must act in the way that
appears to it to most likelypromote the
interests of the College.˙Delegation12.(1)The Council may
delegate its powers under this Act to—(a)a
member of the Council; or(b)a committee of
the Council; or(c)a member of the College’s
staff.(2)However, the Council may not delegate
its power—(a)to make College statutes or College
rules; or(b)to adopt the College’s annual budget;
or(c)to approve spending of funds available
to the College by way ofbequest, donation or special
grant.
s
1311s 16Sunshine Coast
University College Act 1994†Division 3—Council composition and
members˙Membership of Council13.(1)TheCouncilconsistsofofficialmembers,appointedmembersand
elected members.(2)The Council may also include
additional members.˙Official members14.(1)There are 3 official members.(2)The official members are—(a)the Chancellor; and(b)the Vice-Chancellor; and(c)thechiefexecutiveofthedepartmentorthechiefexecutive’snominee.˙Appointed members15.(1)There are 8 appointed members.(2)The Governor in Council is to appoint
the appointed members.˙Elected
members16.(1)There are 8
elected members.(2)The elected members are—(a)3 members of the College’s academic
staff; and(b)1 member of the College’s full-time
general staff; and(c)2 members of the student body;
and(d)2 members of the Convocation (other
than persons mentioned inparagraph (a), (b) or (c)).(3)The elected members mentioned in
subsection (2)(a), (b) or (d) are tobe elected by a
ballot at which all the members of the entity to which
the
s
1712s 20Sunshine Coast
University College Act 1994members belong
may vote.(4)The elected members mentioned in
subsection (2)(c) are to be electedby a ballot at
which all the College’s students may vote.(5)Despite subsection (3), the Council may
authorise the Convocation toappointthemembersmentionedinsubsection(2)(d)ratherthanthemembers being elected by the members of
the Convocation.˙When Council is taken to be properly
constituted17.The Council is taken to be properly
constituted when it has 10 ormore
members.˙Additional members18.(1)There may be 2 additional members.(2)The Council may appoint the additional
members.(3)An additional member must not
be—(a)a member of the College’s academic or
full-time general staff; or(b)a
student.˙Appointed members’ term of
office19.An appointed member is to be appointed
for a term of not more than3 years.˙Elected members’ term of office20.(1)An elected
member holds office for 3 years.(2)An
elected member’s term of office starts on the later of—(a)ifthememberisre-electedorreappointed—thedayafterthemember’s previous term of office ends;
or(b)if paragraph (a) does not apply—the
day after the day when theterm of office of the member’s
predecessor ends.
s
2113s 24Sunshine Coast
University College Act 1994˙Additional members’ term of office21.The appointment of an additional
member is to be for a term of notmore than 3 years
decided by the Council.˙Limit on
consecutive terms of office22.WithouttheMinister’spreviousapproval,apersonmustnotbeelected or
appointed to serve more than 2 consecutive terms of office
as—(a)an appointed or additional member;
or(b)an elected member of the same
type.˙Failure to elect or appoint elected
members23.(1)If an entity
permitted to elect or appoint elected members fails toelect
or appoint any or enough persons as elected members by a day
fixedbytheCouncilbywrittennoticegiventotheentity,theMinistermayappointtotheCouncilasmanymembersoftheentityasnecessarytosatisfy section 16.(2)A
person appointed under subsection (1) is taken to have been
electedor appointed by the entity under section
16.(3)Thissectionappliestotheperiodicelectionorappointmentofmembersandanelectionorappointmentrequiredbecauseofacasualvacancy.˙Person may act as appointed, elected or
additional member24.(1)TheGovernorinCouncilmayappointapersontoactasanappointedmemberduringanyperiod,orduringallperiods,whenthemember is absent from the State or, for
another reason, cannot perform thefunctions of the
office.(2)The Council may appoint a person to
act as an additional memberduring any
period, or during all periods, when the member is absent
fromthe State or, for another reason, cannot
perform the functions of the office.(3)An
entity permitted to elect or appoint elected members may
appointa person to act as 1 of the elected members
during any period, or during all
s
2514s 27Sunshine Coast
University College Act 1994periods, when the
member is absent from the State or, for another reason,cannot perform the functions of the
office.˙Casual vacancies25.(1)Ifavacancyhappensintheofficeofanappointedmember,someone else may be appointed a member by the
Governor in Council.(2)If a vacancy happens in the office of
an elected member appointed bytheConvocation,anothereligiblememberoftheConvocationmaybeelected or appointed a member of the
Council.(3)If a vacancy happens in the office of
another elected member, anothereligible person
may be elected by the entity concerned to fill the vacancy.(4)A person appointed or elected to fill
a vacancy is appointed or electedfor the balance
of the term of office of the member’s predecessor.˙Eligibility for membership of
Council26.A person is not eligible to become an
elected, appointed or additionalmember if—(a)thepersonisbankruptorisotherwisetakingadvantageofthelaws in force about bankruptcy;
or(b)the person has been found guilty of an
indictable offence.˙Vacation of office27.(1)The
office of an elected, appointed or additional member becomesvacant if—(a)the
member dies; or(b)for an elected or additional
member—the member ceases to beeligible to
become a member of the type concerned; or(c)thememberisabsentwithouttheCouncil’sleaveandwithoutreasonable
excuse from every meeting of the Council in a periodof 6
months; or(d)the member becomes an official member;
or
s
2815s 31Sunshine Coast
University College Act 1994(e)the
member resigns from office by signed notice—(i)ifthememberisanappointedmember—giventotheMinister; or(ii)if
the member is an elected or additional member—given tothe
Vice-Chancellor.(2)A resignation takes effect on the day
the notice of resignation is givento the Minister
or the Vice-Chancellor or, if a later day of effect is
specifiedin the notice, the later day.†Division 4—Meetings of the
Council˙Who is to preside at meetings of the
Council28.(1)The Chancellor
must preside at meetings of the Council.(2)If
the Chancellor and the Deputy Chancellor are both absent from
ameeting of the Council or the offices are
vacant, the members present mustelect a member to
preside at the meeting.˙Quorum29.AquorumexistsatameetingoftheCouncilifatleasthalfthemembers are present.˙Conduct of meetings30.The
Council may otherwise regulate its proceedings as it
considersappropriate.†PART
3—CERTAIN OFFICERS OF THE COLLEGE˙Chancellor31.(1)There is a Chancellor of the
College.
s
3216s 34Sunshine Coast
University College Act 1994(2)The Council must
elect a Chancellor whenever there is a vacancy inthe
office.(3)The Chancellor need not be a
member.(4)The Chancellor holds office for the
period fixed by the Council.(5)The
period must not be longer than 5 years.˙Deputy
Chancellor32.(1)There is a
Deputy Chancellor of the College.(2)The
Council must elect a member as Deputy Chancellor wheneverthere
is a vacancy in the office.(3)The Deputy
Chancellor holds office for 1 year.(4)The
Deputy Chancellor is to act as Chancellor—(a)when
there is a vacancy in the office; and(b)whiletheChancellorisabsentfromtheStateor,foranotherreason, cannot
perform the functions of the office.˙Vice-Chancellor33.(1)There is a Vice-Chancellor of the
College.(2)TheCouncilmustappointaVice-Chancellorwheneverthereisavacancy in the office.(3)The terms of appointment are as
decided by the Council.(5)The
Vice-Chancellor is the chief executive officer of the College
andmayexercisethepowersandperformthefunctionsconferredontheVice-Chancellor
by this or another Act or the Council.(6)The
Vice-Chancellor may delegate powers of the Vice-Chancellorunder
this or another Act to a member of the College’s staff.˙Acting Vice-Chancellor34.The Council may appoint a person to
act as Vice-Chancellor—(a)during any
vacancy, or during all vacancies, in the office; and
s
3517s 37Sunshine Coast
University College Act 1994(b)duringanyperiod,orduringallperiods,whentheVice-Chancellor is absent from the
State or, for another reason,cannot perform
the functions of the office.†PART
4—BODIES CONNECTED WITH THECOLLEGE†Division 1—College affiliated with
Queensland University of Technology˙Affiliation with QUT35.The
College is affiliated with QUT.˙Agreement about affiliation36.(1)As soon as
possible after the commencement of this section, theCollegeandQUTmustenterintoanagreement(the“affiliationagreement”) about
the way the affiliation will operate.(2)Apart from matters mentioned in this Part,
the affiliation agreementmay specify terms for the supply by QUT
of academic and administrativeservices for the
College.˙Affiliation purposes37.(1)A purpose of the
affiliation is—(a)to meet Commonwealth requirements for
access to funds undertheCommonwealth’sUnifiedNationalSystemofHigherEducation;
and(b)toenableQUTtonegotiatefortheCollegewiththeCommonwealthabouttheCollege’seducationalprofileandfunding.(2)QUT
must allow 2 persons nominated by the Council to take part
innegotiationswiththeCommonwealthabouttheCollege’seducational
s
3718s 37Sunshine Coast
University College Act 1994profile and
funding.(3)QUT must not agree to the College’s
educational profile or fundingwithout the
Council’s approval.(4)ApartfromnegotiatingwiththeCommonwealthfortheCollege,QUT must help the
College become a provider of higher education in theregion served by the College.(5)The ways in which QUT may help the
College include—(a)by providing general academic quality
assurance for the CollegeinthewayagreedbetweenitandtheCollege,including,forexample—(i)contributing to the development by the
College of qualityteaching programs, whether by the College
alone or jointlywith QUT; and(ii)promotingandhelpingintheteachingandsupervisionofstudents of the College and QUT; and(iii)promotingandencouragingappropriateresearchamongstudents and
staff of the College and QUT; and(iv)inareasofcommoninterest,promotingacooperativeteachingandresearcheffortbetweentheCollege’sandQUT’s staff; and(v)helpingtheCollegeintheselectionofseniorstaffoftheCollege;
and(b)by making teaching and research
facilities available at QUT forthe College’s
staff; and(c)by making study and research
facilities available at QUT for theCollege’s
students.(6)The facilities mentioned in subsection
(5)(b) and (c) are to be madeavailable under
an agreement between the Vice-Chancellor of QUT and theVice-Chancellor of the College.(7)QUT must bear the cost of making the
facilities available unless theagreement
otherwise provides.
s
3819s 41Sunshine Coast
University College Act 1994˙College may offer facilities for QUT staff
and students38.(1)As part of the
affiliation, the Vice-Chancellor may agree with theVice-Chancellor of QUT—(a)to
make teaching and research facilities available at the College
forstaff of QUT; and(b)to
make study and research facilities available at the College
forstudents of QUT.(2)TheCollegemustbearthecostofmakingthefacilitiesavailableunless the agreement otherwise
provides.˙Management of College funds39.QUT must pay into a separate fund kept
for the purpose—(a)amounts the Commonwealth pays to QUT
for the College; and(b)amounts agreed
between the State and QUT.˙Resolution of
difficulties40.(1)If a dispute
about any aspect of the affiliation cannot be resolvedbetween QUT and the College, either party may
ask the Minister to resolvethe
dispute.(2)QUT and the College must give effect
to the Minister’s decision.†Division 2—Convocation˙Convocation41.(1)A
Convocation of the College is established.(2)TheCouncilistodecidethemembershipoftheConvocationbyCollege statute.(3)The
Council is to decide—(a)how meetings of
the Convocation are to be called; and(b)how
the Convocation is to conduct its proceedings; and
s
4220s 45Sunshine Coast
University College Act 1994(c)if
and how members of the Convocation are to be appointed asmembers of the Council; and(d)the quorum of a meeting of the
Convocation; and(e)the powers and functions of the
Convocation.†Division 3—The Union˙The Union42.(1)TheSunshineCoastUniversityCollegeStudentUnionisestablished.(2)The
Union—(a)is a corporation with perpetual
succession; and(b)has a common seal; and(c)may sue and be sued in its corporate
name.˙Composition43.The
persons who are eligible to be members of the Union are—(a)students; and(b)persons eligible for membership under the
Union’s constitution.˙Role44.(1)The Union has
the role and powers specified in its constitution.(2)The Union also has the role and powers
decided by the Council.˙Union is not
Council’s employee or agent45.TheUnionisnottheemployeeoragentoftheCouncilmerelybecause of section 44.
s
4621s 48Sunshine Coast
University College Act 1994˙General powers46.Withoutlimitingsection44,theUnionhasallthepowersofanindividual and
may for example acquire, hold and dispose of, or deal with,property.˙Constitution47.(1)The
Union must have a written constitution.(2)The
Union’s constitution, and each amendment of the
constitution,must be submitted to the Council for its
approval.(3)The constitution or amendment has no
effect until approved by theCouncil.†PART 5—PROPERTY AND FINANCE†Division 1—Property held on trust or
conditions˙Amendment of terms of trusts and
gifts48.If—(a)property is held by the College on terms
requiring the property tobe used for a particular purpose
(the“donor’s purpose”); and(b)either—(i)in
the Council’s opinion, the donor’s purpose—(A)has
been wholly or substantially achieved; or(B)no
longer exists; or(C)has been adequately provided for in
another way; or(D)isuncertain,cannotbeidentified,orisinsufficientlydefined;
or(E)becomes impossible, impractical or
inexpedient to carryout; or
s
4922s 52Sunshine Coast
University College Act 1994(ii)the
property is inadequate for the purpose;the Council may
devise a scheme (the“proposed scheme”) for the use
ofthe property for another purpose (the“designated purpose”).˙Selection of designated purpose49.(1)Inselectingthedesignatedpurpose,theCouncilmustpreferapurpose that—(a)is
as nearly similar as practicable to the donor’s purpose; and(b)can practically and conveniently be
achieved.(2)However, the proposed scheme is not
invalid merely because anotherdesignatedpurposemayhavebeenmoreproperlyselectedundersubsection (1).˙Approval of proposed scheme50.(1)AproposedschemeisofnoeffectuntilitisapprovedbytheGovernor in
Council and the approval is notified in the Gazette.(2)The Governor in Council may modify the
proposed scheme beforeapproving it.(3)On
approval, the proposed scheme becomes an approved scheme.(4)The College must give a copy of the
approved scheme to anybodywho requests it.(5)The
copy must be given free of charge.˙Property to be held for designated
purpose51.Property to which the approved scheme
applies is to be held by thecollegefortheproperty’sdesignatedpurposeinsteadofthedonor’spurpose.˙Certain persons to be given notice of
scheme’s approval52.Iftheapprovedschemeappliestoland,theCollegemust,within1monthofnotificationofthescheme’sapprovalintheGazetteunder
s
5323s 57Sunshine Coast
University College Act 1994section 50, give
a copy of the approved scheme to the person responsiblefor
keeping a register of interests in the land.˙Amendment of approved scheme53.(1)The Council may
amend the approved scheme.(2)Sections 48 to
52 apply to the amendment of the approved scheme inthe
same way as they apply to the original approved scheme.(3)For the purpose of applying the
sections, a reference to the donor’spurpose is taken
to be a reference to the designated purpose of the approvedscheme that is to be amended.˙This Division does not limit College’s
powers under other laws54.This Division
does not, by implication, limit the College’s powersand
rights under any other law about property held on trust by the
College.˙College may carry out conditions of
gift etc.55.The College may agree to and carry out
any conditions of a gift,grant,bequest,deviseorotherwaybywhichittakesoracquiresanyproperty.†Division 2—Dealing with State land by
Council˙Application of Land Act 196256.Subjecttosection57,Statelandisheldandmaybedisposedofunder the Land Act 1962.˙College may grant lease over State
land57.(1)The College may
only grant an interest in State land by way oflease.(2)The lease must—(a)be
for a term of not more than 20 years; and
s
5824s 59Sunshine Coast
University College Act 1994(b)not
contain a covenant, agreement or option for the renewal of
thelease or the purchase of the land;
and(c)beforthehighestannualrentthatcanreasonablybeobtainedwithouttakingafine,premiumorotherconsiderationforthegrant of the lease and having regard
to the purpose for which theland is to be
used.†Division 3—Finance˙Trust
funds58.The College may establish or
administer trust funds.˙Powers of
investment59.(1)The College may
establish an investment common fund for thecollective
investment of trust funds or other amounts held by the
College.(2)TheCollegemayaddamountstoorwithdrawamountsfromtheinvestment common fund, without
incurring any liability for breach of trust.(3)The
College must periodically distribute the income of the
investmentcommon fund among each of the funds forming
the investment commonfund (a“component
fund”) having regard to the share of each
componentfund in the investment common fund.(4)Despite subsection (3), if a component
fund consists of an amountreceived for use for a stated purpose
and the amount cannot or will not beused for the
purpose immediately, income attributable to the share of theamount in the investment common fund may be
paid into the general fundsoftheCollegeiftheincomeisnotneededimmediatelyforthestatedpurpose.(5)Despite subsection (3), the College
may—(a)add a part of the income of the
investment common fund to thefund’s capital;
or(b)use a part of the income to establish
or augment another fund tomakeprovisionagainstcapitaldepreciationorreductionofincome.
s
6025s 62Sunshine Coast
University College Act 1994˙Investment of amounts60.(1)The
College may invest amounts held by the College (includingtrust
funds) only in authorised trustee investments.(2)Subsection (1) does not authorise the
investment of trust funds orother
amounts—(a)in a way that is contrary to the
instrument creating the trust; or(b)in a
way that is a breach of a condition under which the funds oramounts were acquired.(3)If
an amount is held by the College subject to a condition, this
sectiondoes not prevent the College holding or
dealing with the amount under thecondition.˙Application of revenue61.(1)Subject to the
terms of a relevant trust, amounts received by theCollege from any source are to be applied
solely to College purposes.(2)To remove any
doubt, each of the following purposes is a Collegepurpose—(a)enablingastudentorstaffmember,orformerstudentorstaffmember,oftheCollegetoundertakestudyorresearchattheCollege or elsewhere;(b)the advancement of learning
generally;(c)helping a body affiliated or
associated with the College.˙College is statutory body under the Statutory
Bodies FinancialArrangements Act 198262.(1)Under theStatutory Bodies
Financial Arrangements Act 1982, theCollege is a statutory body.(2)TheStatutory Bodies
Financial Arrangements Act 1982, part 2B
setsout the way in which the College’s powers
under this Act are affected bytheStatutory Bodies Financial Arrangements Act
1982.
s
6426s 67Sunshine Coast
University College Act 1994˙Financial review64.(1)The
Council must, in each year, adopt a budget for the College
forthe next year.(2)In
framing the budget the Council need not take account of
amountsmentioned in subsection (4).(3)The Council must control its spending
as nearly as possible withinthe limits of the
approved budget.(4)The Council must carry out an annual
review of—(a)amounts available, or expected to be
available, to the College byway of bequest,
donation or special grant; and(b)the
spending of the amounts.˙College is
statutory body under the Financial Administration andAudit
Act 197765.To remove any doubt, it is declared
that the College is a statutorybody under
theFinancial Administration and Audit Act
1977.˙College’s
financial year66.The College’s financial year is a
calendar year.†PART 6—COLLEGE STATUTES˙College statutes67.(1)The
Council may make College statutes.(2)A
College statute may only be made about—(a)the
admission of students; and(b)the disciplining
of students; and(c)the fees to be paid—
s
6827s 69Sunshine Coast
University College Act 1994(i)for
examinations; or(ii)for attendance
at lectures and classes of the College; or(iii)for
the use of the College’s facilities; and(d)the
membership of Convocation; and(e)the
conduct of a ballot for the election of elected members; and(f)the making and notifying of College
rules; and(g)theownershipandexploitationofinventionsanddiscoveriesmade by the
College’s staff or using its facilities; and(h)a
direction, indication or requirement for a regulatory
notice.(3)Without limiting subsection (2)(b), a
College statute may authorisethe Council or a
member of the College’s staff to impose a penalty (notmore
than 10 penalty units) for a breach of a provision of a College
statuteaboutthedisciplineofstudentsandmayprovideforitsrecoveryandenforcement.˙College statute’s status68.A
College statute—(a)is subordinate legislation; and(b)isanexemptinstrumentundertheLegislativeStandardsAct1992.˙College statutes affecting Union69.(1)A College
statute affecting the Union’s role or powers may bemade
only if the Council—(a)hasgiventheUnionacopyoftheproposedstatuteatleast28 days before
making it; and(b)has considered the comments (if any)
given to it by the Unionunder subsection (2).(2)TheUnionmaygivetheCouncilwrittencommentsabouttheproposed College statute within 14 days
of receiving the copy.(3)The Council may
amend the proposed College statute to take account
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7028s 71Sunshine Coast
University College Act 1994of any of the
comments.(4)If the Council amends the proposed
College statute to take account ofanyofthecomments,itdoesnothavetogivetheUnionacopyoftheproposed statute before making
it.˙College rules70.(1)The
Council may make College rules under a College statute.(2)If a College rule is inconsistent with
this Act or a College statute, therule is invalid
to the extent of the inconsistency.(3)A
College rule—(a)must be notified in the way required
by College statute; and(b)takes effect on
the day of its notification or, if a later day or timeis
fixed in the rule, on the day or at the time fixed.(4)On the day a College rule is notified
under subsection (3)(a) or assoon as
practicable after that day, copies of the rule must be available to
beobtained (by purchase or otherwise) at the
place, or at each of the places,specified in the
notice.(5)Failure to comply with subsection (4)
does not affect the validity ofthe notification
under subsection (3)(a).†PART 7—CONTROL
OF TRAFFIC AND CONDUCTON COLLEGE LAND†Division 1—Authorised persons and security
officers˙Appointment of authorised persons and
security officers71.(1)The
Vice-Chancellor may, in writing, appoint a person who theVice-Chancellor is satisfied has the
necessary training, or knowledge andexperience, to be
an authorised person under this Act.(2)TheVice-Chancellormay,inwriting,appointapersonwhothe
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University College Act 1994Vice-Chancellor
is satisfied has the necessary training, or knowledge andexperience, to be a security officer under
this Act.(3)A person may be appointed both an
authorised person and a securityofficer.˙Terms of appointment72.(1)Anauthorisedpersonorsecurityofficerholdsofficeontheconditions
specified in the instrument of appointment.(2)An
authorised person or security officer—(a)if
the appointment provides for a term of appointment—ceases tohold
office as an authorised person or security officer at the
endof the term; and(b)may
resign by signed notice given to the Vice-Chancellor.˙Identity cards73.(1)The
Vice-Chancellor must issue an identity card to each
authorisedperson and security officer.(2)The identity card must—(a)contain a recent photograph of the
authorised person or securityofficer;
and(b)be in a form approved by the
Vice-Chancellor; and(c)be signed by the
authorised person or security officer.(3)A
person who ceases to be an authorised person or security
officermust,assoonaspracticable,returntheperson’sidentitycardtotheVice-Chancellor,unlessthepersonhasareasonableexcusefornotreturning
it.Maximum penalty for subsection (3)—10 penalty
units.˙Proof of authority74.(1)An
authorised person or security officer may exercise a powerunder
this Act in relation to someone else only if the person or
officer—
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University College Act 1994(a)first produces his or her identity card for
inspection by the otherperson; or(b)has
his or her identity card displayed so that it is clearly
visible.(2)If, for any reason, it is not
practicable to comply with subsection (1),the authorised
person or security officer must produce the identity card
forinspection by the person at the first
reasonable opportunity.(3)If subsection
(2) is relevant and is complied with by an authorisedperson or security officer, the exercise of a
power in relation to someoneelsebytheauthorisedpersonorsecurityofficerisnotinvalidmerelybecause of
subsection (1).†Division 2—Traffic control˙Persons authorised to control traffic
on College’s land75.(1)An authorised
person may control traffic on the College’s landand,
for this purpose, may give directions to persons on the
land.(2)Apersonmustnotfailtocomplywithadirectiongivenundersubsection (1),
unless the person has a reasonable excuse for not complyingwith
it.Maximum penalty for subsection (2)—10 penalty
units.˙Regulatory notice76.(1)The
College may erect or display on, or at or near any vehicularentrance to, the College’s land, a notice
(a“regulatory notice”)
regulatingthedriving,parkingorstandingofvehiclesontheland,including,forexample—(a)fixing a maximum speed limit; or(b)indicating a pedestrian crossing;
or(c)indicatingaplacewherethedriving,parkingorstandingofavehicle is restricted or
prohibited.(2)A person on the College’s land must
comply with a regulatory notice,unless the person
has a reasonable excuse for not complying with it.
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7731s 78Sunshine Coast
University College Act 1994Maximum
penalty—10 penalty units.(3)A regulatory
notice—(a)must specify the limits of the area to
which the notice applies; and(b)may
state that a contravention of a requirement of the notice is
anoffence against this Act and the penalty for
the offence.(4)Without limiting subsection (1), the
College may erect and displayregulatory
notices in the form of official traffic signs.(5)Evidence that a regulatory notice was
erected or displayed at a placementionedinsubsection(1)isevidencethatthenoticewaserectedordisplayed by the College.(6)A
regulatory notice erected or displayed under this section must
beeasily visible to passers by.˙Information notices77.(1)This
section applies if a regulatory notice does not state that acontravention of a requirement of the notice
is an offence against this Actand the penalty
for the offence.(2)The College must erect or display at
or near each vehicular entrance tothe College’s
land to which the regulatory notice relates, and other places
theVice-Chancellor considers appropriate,
information notices stating that acontravention of
a requirement of a regulatory notice is an offence and thepenalty for the offence.(3)AninformationnoticemaycontainanyotherinformationtheVice-Chancellor considers appropriate.(4)An information notice erected or
displayed under this section must beeasily visible to
passers by.(5)In this section—“regulatory
notice”does not include an official traffic
sign.˙Removal and detention of illegally
parked or abandoned vehicles78.(1)An
authorised person may seize, remove and hold, a vehicle thatthe
authorised person believes on reasonable grounds—
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7932s 79Sunshine Coast
University College Act 1994(a)is
parked in contravention of a regulatory notice; or(b)is abandoned.(2)The
vehicle must be held at a safe place.(3)Anauthorisedpersonmayexercisethepowersgivenundersubsection (1)(a)
only if—(a)the authorised person believes on
reasonable grounds that it isnecessaryordesirabletoseizeandremovethevehiclehavingregard to the safety and convenience of
traffic on the College’sland; and(b)the
authorised person—(i)cannot immediately locate the driver
of the vehicle; or(ii)believes on
reasonable grounds that the driver of the vehicleis
not willing or able to remove the vehicle immediately.(4)As soon as is practicable and no later
than 14 days after the vehicle isseized, the
College must give to the owner of the vehicle a written
noticestating how the owner may recover the
vehicle.(5)If the owner cannot be decided or
located within 14 days after thevehicle is
seized, the notice may be given by publishing it in a
newspapercirculating generally in the State.(6)If the vehicle was parked in
contravention of a regulatory notice, theowner of the
vehicle must pay to the College the cost of seizing,
removing,holding and returning the vehicle.(7)In this section—“vehicle”includesapartofthevehicleandanythingattachedto,orcontained in,
the vehicle.˙Disposal of unclaimed vehicles79.(1)Thissectionappliesiftheownerofaseizedvehicledoesnotrecover the vehicle within 2 months
after notice is given to the owner undersection 78(4) or
(5).(2)After publishing a notice in a
newspaper circulating generally in theState, the
College may sell the vehicle by public auction.
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8033s 82Sunshine Coast
University College Act 1994(3)The notice
must—(a)identify the vehicle; and(b)state that the vehicle is to be sold
by auction; and(c)specifyhowtheownermayrecoverthevehiclebeforetheauction; and(d)specify the time and place of the
auction.(4)Compensation is not recoverable
against the College for the sale of avehicle under
this section.(5)In this section—“vehicle”includesapartofthevehicleandanythingattachedto,orcontained in,
the vehicle.˙Application of proceeds of sale80.(1)The proceeds of
the sale must be applied in the following order—(a)in payment of the reasonable expenses
incurred in the sale;(b)inpaymentofthereasonablecostofseizing,removingandholding the vehicle;(c)in payment of any balance to the
owner.(2)Compensation is not recoverable
against the College for a paymentunder this
section.†Division 3—Conduct on College’s
land˙Conduct causing a public
nuisance81.ApersonmustnotbedisorderlyorcreateadisturbanceontheCollege’s land.Maximum
penalty—20 penalty units.˙Power to deal with
persons causing a public nuisance82.(1)This
section applies if a security officer—
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8334s 83Sunshine Coast
University College Act 1994(a)finds the person contravening section 81;
or(b)finds the person in circumstances that
leads the security officer tosuspectonreasonablegroundsthatthepersonhasjustcontravened
section 81; or(c)hasinformationthatleadsthesecurityofficertosuspectonreasonablegroundsthatthepersonhasjustcontravenedsection 81;
or(d)reasonablybelieves,havingregardtothewaythepersonisbehaving,thattheperson’spresencemayposeathreattothesafety of anyone else on or leaving
the land; or(e)hasinformationthatleadsthesecurityofficertobelieve,onreasonable grounds, the person’s presence
may pose a threat tothe safety of anyone else on or
leaving the land; or(f)reasonablybelievesthepersonisonthelandwithoutlawfuljustification or excuse.(2)The
security officer may direct the person to leave the College’s
landor a part of the College’s land.(3)A person must not fail to comply with
a direction given to the personundersubsection(2),unlessthepersonhasareasonableexcusefornotcomplying with
it.Maximum penalty—10 penalty units.†PART 8—MISCELLANEOUS˙Forming and taking part in
corporations83.(1)The College may
be a member of, form, take part in forming ormanage a
corporation whose objects include any of the following
objects—(a)making available facilities for study,
research or education;(b)performing
research, development, consultancy or other servicesfor
public or private entities;
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8435s 85Sunshine Coast
University College Act 1994(c)helpingorengaginginthedevelopmentorpromotionoftheCollege’s research or the application
or use of the results of theresearch;(d)preparing, publishing, distributing or
licensing the use of literaryorartisticwork,audiooraudiovisualmaterialorcomputersoftware;(e)exploitingcommerciallyafacilityorresourceoftheCollege,including,forexample,study,researchorknowledge,orthepractical application of study,
research or knowledge, developedby or belonging
to the College, whether alone or with someoneelse;(f)seeking or encouraging gifts to the
College or for the College’spurposes;(g)another object, consistent with this
Act, that the Council considersis appropriate
in the circumstances.(2)The College, or
a corporation managed by the College or of which theCollege is a member, may enter into an
agreement or arrangement with acorporation whose
objects include an object mentioned in subsection (1) forthe
purpose of achieving the object.(3)This
section does not limit the powers that the College has apart
fromthis section.˙Use of
facilities and staff84.(1)The College may
enter into a contract or other arrangement withan entity for the
use of the College’s facilities and staff.(2)This
section does not limit the powers that the College has apart
fromthis section.˙College to be treated as a university85.The College is a university for the
purposes of theHigher Education(General
Provisions) Act 1993.
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University College Act 1994˙Review
of Act86.TheMinistermustreviewtheCollege’sstatusandaffiliationarrangements as
soon as possible after 10 years from the commencementof
this Act.
38Sunshine Coast University College Act
1994´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes a roman letter, the reprint was released in
unauthorised,electronic form only.]Reprint
No.Amendments includedReprint
date1none1 July
19941Ato Act No. 65 of 199628
April 19975List of legislationSunshine Coast University College Act 1994
No. 16date of assent 10 May 1994ss
1–2 commenced on date of assentpt 4 divs 2–3
commenced 1 January 1996pt 2 div 3 commenced 1 July
1996remaining provisions commenced 1 July 1994
(see s 2(1))as amended by—Statutory Bodies
Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9schdate of assent 20 November 1996ss
1–2 commenced on date of assentremaining
provisions commenced 1 June 1997 (1997 SL No. 128)Education (School Curriculum P–10) Act 1996
No. 65 ss 1–2, 52 sch 2date of assent 9 December 1996commenced on date of assent´6List of
annotationsVice-Chancellors 33amd
1996 No. 65 s 52 schCollegeisstatutorybodyundertheStatutoryBodiesFinancialArrangementsAct 1982s
62sub 1996 No. 54 s 9 schCollegeisstatutorybodyundertheStatutoryBodiesFinancialArrangementsAct 1982s
63om 1996 No. 54 s 9 schPART9—SPECIALARRANGEMENTSABOUTESTABLISHMENTOFTHECOLLEGEpt 9 (ss
87–102)exp 1 July 1996 (see s 102)