AUSTRALIAN CAPITAL TERRITORY

University of Canberra (Transfer) Act 1997
No. 74 of 1997
TABLE OF PROVISIONS

Section
PART I—PRELIMINARY
	1.	Short title	
	2.	Commencement	
	3.	Interpretation	
PART II—UNIVERSITY OF CANBERRA ACT 1989
	4.	Long title	
	5.	Interpretation	
	6.	Insertion—
	6A.	Values and principles of the University	
	7.	Constitution of Council	
	8.	Meetings of Council	
	9.	Insertion—
	24A.	Deputy Chancellor	
	10.	Vice-Chancellor and President	
	11.	Substitution—
	27.	Acting appointments	
	12.	Insertion—
	29A.	Immunity from suit
	13.	Heading to Part 3	
	14.	Substitution—
	35.	Application of Parts VI and VIII of Financial Management Act	
	36.	Annual report	
Division 3—Companies and joint ventures
	37.	Formation and participation	
	38.	Reporting requirements	
	15.	Approval and publication of Statutes	
	16.	Repeal of Part 5	
	17.	Repeal of regulations	
	18.	Formal amendments	
PART III—AMENDMENTS OF OTHER ACTS
	19.	Public Sector Management Act 1994	
	20.	Sewerage Rates Act 1968	
	21.	Water Rates Act 1959	
PART IV—SAVINGS AND TRANSITIONAL PROVISIONS
	22.	Continuance in office of Vice-Chancellor	
	23.	Existing Council members
	24.	Terms and conditions of employment of University employees
	25.	Acting appointments	
	26.	Financial statements in first year	
	27.	First annual report	
	28.	Application of provisions relating to Statutes	
	29.	Continued operation of Part 5	
	30.	Occupational health and safety	
PART V—MISCELLANEOUS
	31.	Regulations	
schedule
further amendments

AUSTRALIAN CAPITAL TERRITORY

University of Canberra (Transfer) Act 1997
No. 74 of 1997
	
An Act to amend the University of Canberra Act 1989 and certain other laws, and to make certain transitional arrangements, consequent upon the transfer of responsibility for the University of Canberra from the Commonwealth to the Territory
[Notified in ACT Gazette S360: 25 November 1997]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
part i—preliminary
Short title
1.  This Act may be cited as the University of Canberra (Transfer) Act 1997.
Commencement
2.  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.

(2)  The remaining provisions commence at the time at which the University of Canberra Act 1989 of the Commonwealth becomes an enactment by virtue of subsection 34 (2) of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
Interpretation
3.  In this Act, unless the contrary intention appears—
“commencement” means the time at which the provisions of this Act (other than sections 1 and 2) commence;
“Principal Act” means the University of Canberra Act 1989 of the Commonwealth as in force immediately before commencement.
part II—university of canberra Act 1989
Long title
4.  The title of the Principal Act is repealed and the following title substituted:
“An Act to establish the University of Canberra”.
Interpretation
5.  Section 3 of the Principal Act is amended—
	(a)	by omitting the definitions of “College”, “College Act” and “commencement”;
	(b)	by omitting the definition of “Vice-Chancellor” and substituting the following definition:
“ ‘Vice-Chancellor’ means the Vice-Chancellor and President of the University of Canberra appointed under section 25.”; and
	(c)	by inserting the following definition: 
“ ‘Deputy Chancellor’ means the Deputy Chancellor of the University appointed under section 24A;”.
Insertion
6.  After section 6 of the Principal Act the following section is inserted:
Values and principles of the University
“6A.  The University shall have an objective of implementing the following values and principles:
	(a)	service to scholarship and the education of the Australian people;
	(b)	responsiveness to the needs of Australia; 
	(c)	fairness and integrity;
	(d)	efficiency and effectiveness;
	(e)	accountability for the performance of the University’s functions.”.
Constitution of Council
7.  Section 11 of the Principal Act is amended—
	(a)	by inserting after paragraph (1) (aa) the following paragraph:
	“(ab)	the Deputy Chancellor;”;
	(b)	by omitting paragraphs (1) (b) and (c) and substituting the following paragraph:
	“(b)	10 persons appointed by the Chief Minister;”;
	(c)	by omitting from paragraph (1) (e) “one” and “College” and substituting “1” and “Canberra College of Advanced Education” respectively;
	(d)	by omitting from paragraph (1) (g) “one” and substituting “1”; and
	(e)	by omitting from subsection (4) “, (c)”.
Meetings of Council
8.  Section 13 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “she or he” and substituting “he or she”; and
	(b)	by omitting subsection (2) and substituting the following subsections:
“(1A)  If the Chancellor is not present at a meeting of the Council, the Deputy Chancellor shall preside at the meeting.
“(2)  If neither the Chancellor nor the Deputy Chancellor is present at a meeting of the Council, the members present shall elect 1 of their number to preside at the meeting.”.
Insertion
9.  After section 24 of the Principal Act the following section is inserted:
Deputy Chancellor
“24A.  (1)  The Council shall appoint a member of the Council or another person to be the Deputy Chancellor of the University.
“(2)  The Deputy Chancellor holds office for such period, and on such conditions, subject to the Statutes, as the Council determines.
“(3)  The Deputy Chancellor shall act as the Chancellor—
	(a)	during any vacancy in the office of Chancellor; or
	(b)	when the Chancellor is for any reason unable to perform the functions of the office of Chancellor.”.
Vice-Chancellor and President
10.  Section 25 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “must” and substituting “shall”; and
	(b)	by inserting in subsection (1) “and President” after “Vice‑Chancellor”.
Substitution
11.  Section 27 of the Principal Act is repealed and the following section substituted:
Acting appointments
“27.  (1)  The Council may, in writing, appoint a person to act as Vice‑Chancellor—
	(a)	during a vacancy in the office of Vice-Chancellor, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when the Vice‑Chancellor is for any reason unable to perform the functions of the office.
“(2)  A person appointed to act as the Vice-Chancellor during a vacancy in the office of Vice-Chancellor shall not so act continuously for more than 12 months.
“(3)  Anything done by or in relation to a person purporting to act pursuant to an appointment under subsection (1) is not invalid on the ground that—
	(a)	the appointment was ineffective or had ceased to have effect; or
	(b)	the occasion to act had not arisen or had ceased.”.
Insertion
12.  After section 29 of the Principal Act the following section is inserted in Division 5 of Part II:
Immunity from suit
“29A.  No action, suit or proceeding lies against a person who is or has been a member of the Council in relation to an act done or omitted to be done in good faith in the performance or purported performance of a function under this Act.”.
Heading to Part 3
13.  The heading to Part 3 of the Principal Act is omitted and the following heading substituted:
“PART III—FINANCIAL AND COMMERCIAL MATTERS”.
Substitution
14.  Sections 35, 36, 37 and 39 of the Principal Act are repealed and the following sections and Division are substituted:
Application of Parts VI and VIII of Financial Management Act
“35.  (1)  Part VI of the Financial Management Act 1996 applies in relation to the University as if section 45 were omitted.
“(2)  Part VIII of the Financial Management Act 1996 applies in relation to the University as if—
	(a)	the references in that Part to the chief executive officer of a Territory authority were references to the Council;
	(b)	paragraphs 54 (3) (b) and (d) were omitted;
	(c)	subsection 55 (3) were omitted;
	(d)	in section 56—
	(i)	there were omitted from paragraph  (1) (c) ‘or’;
	(ii)	after paragraph  (1) (d) there were inserted the following paragraphs:
	‘(e)	on loan to an authorised dealer; or
	 (f)	in clean bills of exchange.’; and
	(iii)	the following subsection were added at the end of the section:
‘(4)  In subsection (1)—
“authorised dealer” means a corporation that is an authorised dealer in the short-term money market as defined by subregulation 5 (1) of the Banking (Savings Banks) Regulations as amended and in force from time to time under the Banking Act 1959 of the Commonwealth;
“clean bill of exchange” means a bill of exchange that—
	(a)	has been accepted by a trading bank;
	(b)	has been endorsed by a trading bank or trading banks; and
	(c)	has not been endorsed by any person other than a trading bank.’;
	(e)	section 58 were omitted;
	(f)	subsection 59 (1) were omitted and the following subsection substituted:
‘(1)  A Territory authority shall, within—
	(a)	2 months after 31 December in each year; or
	(b)	such further period as the Minister specifies in writing;
prepare annual financial statements relating to its operations during the year.’;
	(g)	subsection 59 (2) were omitted and the following subsection substituted:
‘(2)  The annual financial statements shall be prepared in accordance with generally accepted accounting practice.’;
	(h)	paragraph 59 (3) (d) were omitted;
	(i)	subsection 59 (4) were omitted;
	(j)	subsection 61 (1) were omitted and the following subsection substituted:
‘(1)  The chief executive officer of a Territory authority shall, within 2 weeks after the authority has prepared an annual financial statement, forward a copy of that statement to the Auditor‑General.’; and
	(k)	subsection 63 (1) were omitted and the following subsections substituted:
‘(1)  The responsible Minister may, by instrument, direct the chief executive officer of a Territory authority to provide him or her with financial statements relating to the authority.
‘(1A)  The Minister shall cause a copy of each direction under subsection (1) to be laid before the Legislative Assembly within 5 sitting days after the day on which he or she gives the direction to the authority.’.
Annual report
“36. The Council shall, within 4 months after 31 December in each year, prepare and submit to the Minister for presentation to the Legislative Assembly a report of the operations of the University during the year that ended on that date.
“Division 3—Companies and joint ventures
Formation and participation
“37.  (1)  The University may—
	(a)	form, or participate in the formation of, a company; or
	(b)	enter into a joint venture with another person;
the objectives or purposes of which are consistent with the functions of the University.
“(2)  Without limiting the generality of subsection (1), those objectives or purposes may include any of the following:
	(a)	providing facilities for study, research or education;
	(b)	undertaking research, development, consultancy or other services for commercial organisations, public bodies or individuals;
	(c)	aiding or engaging in the development or promotion of university research or the application or use of the results of such research;
	(d)	preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audio-visual material or computer software;
	(e)	seeking or encouraging gifts to the University or for the purposes of the University;
	(f)	promoting or assisting drama, music or the visual arts.
“(3)  The University shall not form, or participate in the formation of, a company in which the University will have a controlling interest within the meaning of the Auditor-General Act 1996 unless the memorandum or articles of association of the company provide that the company shall not alter the memorandum or articles of association unless the Council has by resolution authorised the alteration.
Reporting requirements
“38.  Where the University has a controlling interest in a company or joint venture within the meaning of the Auditor-General Act 1996, the University shall—
	(a)	within 14 days after the lodgment of any report, return or statement relating to the company or joint venture with the Australian Securities Commission, submit a copy of the report, return or statement to the Treasurer; and
	(b)	include a summary of the operations of the company or joint venture during a financial year of the company or joint venture, together with a summary of the financial statements in respect of those operations, in the first annual report of the University prepared after the end of that year.”.
Approval and publication of Statutes
15.  Section 42 of the Principal Act is amended—
	(a)	by omitting from paragraph (1) (a) “must” and substituting “shall”;
	(b)	by omitting from paragraph (1) (b) “must” and “Governor‑General” and substituting “shall” and “Executive” respectively;
	(c)	by omitting from subsection (2) “Governor-General” and substituting “Executive”;
	(d)	by omitting from paragraph (2) (a) “must” and substituting “shall”;
	(e)	by omitting subsections (3) and (4) and substituting the following subsection:
	“(3)  A Statute is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.”;
	(f)	by omitting from subsection (6) “must” and substituting “shall”; and
	(g)	by omitting subsection (7).
Repeal of Part 5
16.  Part 5 of the Principal Act is repealed.
Repeal of regulations
17.  The University of Canberra (Cessation of Sponsorship) Regulations are repealed.
Formal amendments
18.  The Principal Act is amended as set out in the Schedule.
part III—amendments of other acts
Public Sector Management Act 1994
19.  Section 5 of the Public Sector Management Act 1994 is amended—
	(a)	by omitting “apply to—” and substituting “apply to any of the following:”;
	(b)	by omitting from paragraph (e) “or” (last occurring); and
	(c)	by adding at the end the following paragraph:
	“(h)	the University of Canberra.”.
Sewerage Rates Act 1968
20.  Section 6 of the Sewerage Rates Act 1968 is amended by omitting subparagraph (1) (d) (iii) and substituting the following subparagraph:
	“(iii)	if the land is held by the University of Canberra under a lease continued in force by virtue of the operation of subsection 35 (1) of the Land (Planning and Environment) (Consequential Provisions) Act 1991;”.
Water Rates Act 1959
21.  Section 7B of the Water Rates Act 1959 is amended by omitting from subsection (1) “Canberra College of Advanced Education under a lease granted under the Canberra College of Advanced Education (Leases) Act 1977” and substituting “University of Canberra under a lease continued in force by virtue of the operation of subsection 35 (1) of the Land (Planning and Environment) (Consequential Provisions) Act 1991”.
part IV—Savings and transitional provisions
Continuance in office of Vice-Chancellor
22.  The person who held office immediately before the commencement as the Vice-Chancellor of the University of Canberra shall, on and after the commencement, continue to hold office as the Vice‑Chancellor and President of the University of Canberra.
Existing Council members
23.  A person who was a member of the Council immediately before the commencement pursuant to an appointment or election under section 11 of the Principal Act shall, subject to the Principal Act as amended by this Act, continue to hold office as such a member for the remainder of the term of the earlier appointment or election as if he or she had, on the commencement, been appointed or elected, as the case requires, under section 11 of the Principal Act as so amended for the remainder of that term.
Terms and conditions of employment of University employees
24.  If a person was employed by the University immediately before the commencement, this Act does not affect the terms and conditions (including any accrued entitlement to benefits) of that employment.
Acting appointments
25.  Despite the repeal of section 27 of the Principal Act, a person appointed to act pursuant to an appointment under that section that was in force immediately before the commencement shall, on and after the commencement, be taken to have been appointed to act under section 27 of the University of Canberra Act 1989 as amended by this Act.
Financial statements in first year
26.  The annual financial statements of the University under subsection 59 (1) of the Financial Management Act 1996, as modified by this Act, relating to the calendar year in which the commencement occurs shall relate only to that part of the calendar year after the University of Canberra Act 1989 became an enactment.
First annual report
27.  The first annual report of the University prepared after the commencement shall relate only to that part of the calendar year after the University of Canberra Act 1989 became an enactment.
Application of provisions relating to Statutes
28.  Section 42 of the University of Canberra Act 1989 as amended by this Act applies only in relation to Statutes made on or after the commencement.
Continued operation of Part 5
29.  Despite the repeal of Part 5 of the Principal Act, a provision in that Part that would, but for that repeal, have continued to apply in relation to a person, matter or thing after the University of Canberra Act 1989 became an enactment shall continue to apply in relation to that person, matter or thing.
Occupational health and safety
30.  (1)  A group of employees who, immediately before the commencement, was a designated work group in relation to the University under the Occupational Health and Safety (Commonwealth Employment) Act 1991 of the Commonwealth shall, on and after the commencement, be taken to be a designated work group in relation to the University under the Occupational Health and Safety Act 1989.
(2)  A person who, immediately before the commencement, was a health and safety representative in relation to the University under the Occupational Health and Safety (Commonwealth Employment) Act 1991 of the Commonwealth shall, on and after the commencement, be taken to be a health and safety representative in relation to the University under the Occupational Health and Safety Act 1989.
part V—miscellaneous
Regulations
31.  The Executive may make regulations for the purposes of this Act.

	SCHEDULE	Section 18
Heading to Part 1—
Omit “PART 1”, substitute “PART I”.
Heading to Part 2—
Omit “PART 2”, substitute “PART II”.
Paragraph 4 (3) (a)—
Omit “and”.
Subsections 4 (4) and (5)—
Omit “must” (wherever occurring), substitute “shall”.
Paragraphs 6 (1) (a), (b), (c) and (d)—
Omit “and” (last occurring).
Subsection 6 (2)—
	(a)	Omit “must”, substitute “shall”.
	(b)	Omit “Australian Capital”.
Paragraph 7 (2) (k)—
Omit “Australian Capital”.
Subsection 7 (3)—
	(a)	Omit “In spite of”, substitute “Despite”.
	(b)	Omit “must”, substitute “shall”.
Paragraph 12 (1) (a)—
Omit “18; or”, substitute “18 years of age;”.
Paragraph 12 (1) (c)—
Omit “one”, substitute “1”.
Subsection 12 (2)—
Omit “subsection (1)”, substitute “paragraph (1) (c)”.
Subsections 14 (1), (2) and (3)—
Omit “must” (wherever occurring), substitute “shall”.
Paragraphs 15 (1) (a), (b), (c), (d), (e) and (f)—
Omit “or”.
Subsection 15 (2)—
Omit “one”, substitute “1”.
Subsection 15 (3)—
	(a)	Omit “or (c)”.
	(b)	Omit “must”, substitute “shall”.
	(c)	Omit “Governor-General”, substitute “Chief Minister”.
Paragraph 20 (a)—
Omit “her or his”, substitute “his or her”.
Section 21—
Omit “her or his”, substitute “his or her”.
Subsection 22 (3)—
Omit “one”, substitute “1”.
Subsection 23 (1)—
Omit “she or he”, substitute “he or she”.
Subsection 23 (2)—
	(a)	Omit “must”, substitute “shall”.
	(b)	Omit “one”, substitute “1”.
Subsection 24 (1)—
Omit “must”, substitute “shall”.
Subsection 29 (2)—
Omit “merely because of”, substitute “on the ground that”.
Subparagraph 29 (2) (a) (ii)—
Omit “or” (last occurring).
Paragraph 29 (2) (b)—
Omit “or” (last occurring).
Subsection 30 (1)—
After “1988” insert “of the Commonwealth”.
Section 33—
	(a)	After “1988” insert “of the Commonwealth”.
	(b)	Omit “must”, substitute “shall”.
Heading to Part 4—
Omit “PART 4”, substitute “PART IV”.
Subparagraphs 40 (2) (e) (i), (ii), (iii), (iv) and (v)—
Omit “and” (last occurring).
Subparagraph 40 (2) (t) (i)—
After “1988” insert “of the Commonwealth”.
Paragraph 41 (1) (a)—
Omit “Australian Capital”.
Subsection 41 (2)—
Omit “Australian Capital Territory (including an enactment as defined in section 3 of the Australian Capital Territory (Self-Government) Act 1988)”, substitute Territory”.
[Presentation speech made in Assembly on 23 September 1997]

©  Australian Capital Territory 1997