2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Education and Training)
University of Canberra Amendment Bill 2005

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Constitution of council
Section 11 (1) (b)	2
	5	Section 11 (1)	2
	6	Section 11 (2)	2
	7	New section 11 (6)	3
	8	Section 12	3
	9	New section 12A	4
	10	Disclosure of interests of members
Section 14 (1) and (3)	5
	11	Vacation of office
Section 15 (1)	5
	12	New section 15 (1) (ab)	5
	13	Section 15 (1) (e)	5
	14	Section 15 (1)	5
	15	Chancellor
New section 24 (3)	5
	16	Deputy chancellor
Section 24A (1)	6
	17	Vice chancellor and president
New section 25 (4)	6
	18	Statutes
Section 40 (2) (e) (iii)	6

2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Education and Training)
University of Canberra Amendment Bill 2005

A Bill for
An Act to amend the University of Canberra Act 1989

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the University of Canberra Amendment Act 2005.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the University of Canberra Act 1989.
4	Constitution of council
Section 11 (1) (b)
omit
5	Section 11 (1)
renumber paragraphs when Act next republished under Legislation Act
6	Section 11 (2)
substitute
	(2)	If the council considers that it is necessary to appoint extra members of the council to enable the council to exercise its functions efficiently, the council may appoint up to 3 people as members of the council.
Note	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
7	New section 11 (6)
insert
	(6)	The maximum period that a person can be a member of the council is 12 years (whether consecutive or not) unless the council otherwise decides to extend the maximum period for the person.
Note	A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).
8	Section 12
substitute
12	Qualifications for membership of council
	(1)	A person is not qualified to become or remain a member of the council if the person—
	(a)	is under 18 years old; or
	(b)	is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations); or
	(c)	is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
	(d)	is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.
	(2)	Disqualification under subsection (1) (c) or (d) ends on the later of the following:
	(a)	5 years after the date of the person’s conviction;
	(b)	5 years after the date of the person’s release from prison.
9	New section 12A
insert
12A	Duties of members of council
	(1)	In exercising the functions of a member of the council, a council member must—
	(a)	act always in the best interests of the university as a whole; and
	(b)	act honestly and for a proper purpose; and
	(c)	exercise reasonable care and diligence.
	(2)	Also, a member of the council—
	(a)	must avoid conflicts of interest; and
	(b)	must disclose to the council, in accordance with section 14 and the statutes, any conflict between the member’s interests and the university’s interests; and
	(c)	must not improperly use the member’s position, or information obtained because of the member’s position, to—
	(i)	gain an advantage for the member or someone else; or
	(ii)	cause detriment to the university or someone else.
	(3)	The duty under subsection (1) (a) must be observed in priority to any duty a member may owe to those electing or appointing the member.
	(4)	The council may, by resolution passed by 2/3 of the members of the council for the time being, remove a council member from office if the member fails to comply with a duty under subsection (1).
10	Disclosure of interests of members
Section 14 (1) and (3)
omit
a direct or indirect pecuniary interest
substitute
an interest
11	Vacation of office
Section 15 (1)
omit
(other than the vice-chancellor)
12	New section 15 (1) (ab)
insert
	(ab)	is removed from office under section 12A (4) (Duties of members of council); or
13	Section 15 (1) (e)
omit
14	Section 15 (1)
renumber paragraphs when Act next republished under Legislation Act
15	Chancellor
New section 24 (3)
insert
	(3)	A person is not eligible to be appointed as the chancellor if the person is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations).
16	Deputy chancellor
Section 24A (1)
omit
or another person
17	Vice chancellor and president
New section 25 (4)
insert
	(4)	A person is not eligible to be appointed as the vice-chancellor if the person is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations).
18	Statutes
Section 40 (2) (e) (iii)
omit
pecuniary interests
substitute
interests

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005