Australian Capital Territory
University of Canberra Amendment Act 2015
A2015-8
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Functions of university
New section 6 (1) (ea) and (eb)	2
	5	New section 6 (1) (g) and (h)	2
	6	Values and principles of university
New section 6A (f)	3
	7	Powers of university
Section 7 (1), new example	3
	8	Section 7 (2) (a)	3
	9	Section 7 (2) (p)	3
	10	Powers of council
New section 10 (4)	4
	11	Constitution of council
Section 11 (3)	4
	12	Casual vacancies
New section 16 (3)	5
	13	Delegation by council
New section 17 (1) (d)	5
	14	Chancellor
New section 24 (4) and (5)	5
	15	Deputy chancellor
New section 24A (4) and (5)	6
	16	New part 5	6
	17	Dictionary, note 2	7

Australian Capital Territory
University of Canberra Amendment Act 2015
A2015-8

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 2015.
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	Functions of university
New section 6 (1) (ea) and (eb)
insert
	(ea)	to develop and provide cultural, sporting, professional, technical and vocational services to the community; and
	(eb)	to participate in public discourse; and
5	New section 6 (1) (g) and (h)
insert
	(g)	to commercially exploit or develop, for the university’s benefit, any property of the university including any facility, resource, real property or other right or interest; and
Example
the practical application and development of study, research, knowledge and intellectual or real property
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(h)	to exercise any other function given to it under this Act or another territory law. 
6	Values and principles of university
New section 6A (f)
insert
	(f)	commitment, through education and research, to reconciliation with Aboriginal and Torres Strait Islander people.
7	Powers of university
Section 7 (1), new example
insert
Example
power to enter into contracts with third parties for the purpose of commercially exploiting or developing the university’s property
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
8	Section 7 (2) (a)
omit
real and personal
9	Section 7 (2) (p)
omit
function
substitute
power
10	Powers of council
New section 10 (4)
insert
	(4)	The council may, by resolution passed by at least 2/3 of the council members, provide for a council member to be paid remuneration.
11	Constitution of council
Section 11 (3)
substitute
	(3)	The conditions of appointment of a member mentioned in subsection (1) (d) are the conditions agreed between the Executive and the member, subject to—
	(a)	any resolution passed by the council under section 10 (4) (a council resolution) for the member; or
	(b)	if no resolution has been passed—any determination under the Remuneration Tribunal Act 1995.
	(3A)	For subsection (3) (a), if a determination under the Remuneration Tribunal Act 1995 applies to a member and the determination is inconsistent with a council resolution—
	(a)	the council resolution prevails to the extent of the inconsistency; but
	(b)	if the member would receive a smaller entitlement or less remuneration under the council resolution than under the determination—the determination prevails to the extent of the inconsistency.
	(3B)	Subsections (3) and (3A) apply despite the Financial Management Act 1996, section 78 (8) (Appointment of governing board members generally).
12	Casual vacancies
New section 16 (3)
insert
	(3)	In this section:
casual vacancy, in the membership of the council, includes an office of a member mentioned in section 11 (1) (e), (f), (g) or (h) that is vacant and cannot be filled by an election because no nomination has been received for the office.
13	Delegation by council
New section 17 (1) (d)
before the note, insert
	(d)	any other person approved by the council.
14	Chancellor
New section 24 (4) and (5)
insert
	(4)	The council may, by special resolution, end a person’s appointment as chancellor if the council considers it in the best interests of the university to end the appointment.
Note	A chancellor’s appointment also ends if the chancellor resigns (see Legislation Act, s 210), or may end if the chancellor fails to comply with a duty under s 12A (1) or (2) (see s 12A (4)).
	(5)	In this section:
special resolution, of the council, means a resolution passed by at least 2/3 of the total members of the council for the time being at 2 consecutive meetings of the council.
15	Deputy chancellor
New section 24A (4) and (5)
insert
	(4)	The council may, by special resolution, end a person’s appointment as deputy chancellor if the council considers it in the best interests of the university to end the appointment.
Note	A deputy chancellor’s appointment also ends if the deputy chancellor resigns (see Legislation Act, s 210), or may end if the deputy chancellor fails to comply with a duty under s 12A (1) or (2) (see s 12A (4)).
	(5)	In this section:
special resolution, of the council—see section 24 (5).
16	New part 5
insert
Part 5	Miscellaneous
43	Review of Act
	(1)	The Minister must review the operation of this Act, and any other territory law affecting the university prescribed by regulation.
	(2)	Without limiting subsection (1), the review must consider the economic and other benefits gained by the university and the community in the ACT region because of—
	(a)	the amendments to the Act by the University of Canberra Amendment Act 2015; and 
	(b)	any other changes to territory law prescribed by regulation.
	(3)	The Minister must present a report of the review to the Legislative Assembly not earlier than 5 years after the day the University of Canberra Amendment Act 2015 commences but not later than 3 months after the end of that 5-year period.
	(4)	This section expires 7 years after the day it commences.
17	Dictionary, note 2
insert
·	Executive
·	property

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 19 February 2015.
2	Notification
	Notified under the Legislation Act on 7 April 2015.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the University of Canberra Amendment Bill 2015, which was passed by the Legislative Assembly on 24 March 2015. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2015