Southern Cross University Act 1993
Part 4 - Functions of the Council
Division 1 - General
Powers of Council
16.
(1A) The Council:
(a) acts for and on behalf of the University in the exercise
of the University's functions, and
(b) has the control and management of the affairs and concerns of the
University, and
(c) may act in all matters concerning the University in such manner
as appears to the Council to be best calculated to promote the object
and interests of the University.
(1) Without limiting the functions of the Council under
subsection (1A), the Council may, for and on behalf of the University
in the exercise of the University's functions:
(a) provide such courses, and confer such degrees and
award such diplomas and other certificates and awards, as it thinks
fit; and
(b) appoint and terminate the appointment of academic and other staff
of the University; and
(c) Repealed
(d) borrow money within such limits, to such extent and on such conditions
as to security or otherwise as the Governor on the recommendation of
the Treasurer may approve,
(e) invest any funds belonging to or vested in the University; and
(f) promote, establish or participate in (whether by means of debt,
equity, contribution of assets or by other means) partnerships, trusts,
companies and other incorporated bodies, or joint ventures (whether
or not incorporated),
(g) Repealed
(h) establish and maintain branches, campuses and colleges of the University,
within the University and elsewhere; and
(i) make loans and grants to students; and
(j) impose fees, charges and fines.
(2) The functions of the Council under this section are
to be exercised subject to the by-laws.
(3) Schedule 2 has effect in relation to the investment
of funds by the Council.
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Controlled entities
16A.
(1) The Council must ensure that a controlled entity does not exercise
any function or engage in any activity that the University is not authorised
by or under this Act to exercise or engage in, except to the extent that
the Council is permitted to do so by the Minister under this section.
(2) The Minister may, by order in writing, permit the Council
to authorise a controlled entity to exercise a function or engage in an
activity of the kind referred to in subsection (1). Permission may be
given in respect of a specified function or activity or functions or activities
of a specified class.
(3) The Governor may make regulations providing that subsection
(1) does not apply to functions or activities of a specified class.
(4) This section does not itself confer power on a controlled
entity to engage in any activity.
(5) This section does not affect any obligations imposed
on a controlled entity by or under any Act or law, other than an obligation
imposed on the controlled entity by the Council at its discretion.
(6) In this section:
“controlled entity” means a person, group of persons
or body of which the University or Council has control within the meaning
of a standard referred to in section 39(1A) or 45A(1A) of the Public Finance
and Audit Act 1983.
Delegation by Council
17. The Council may, in relation to any matter or class of matters, or
in relation to any activity or function of the University, by resolution,
delegate all or any of its functions (except this power of delegation)
to any member or committee of the Council or to any authority or officer
of the University or to any other person or body prescribed by the by-laws.
Operation of certain Acts
17A. Nothing in this Act limits or otherwise affects the operation of
the Ombudsman Act 1974, the Public Finance and Audit Act 1983 or the Annual
Reports (Statutory Bodies) Act 1984 to or in respect of the University
or the Council.
Recommendations of
Ombudsman or Auditor-General
17B. The Council must include in each annual report of the Council as
part of the report of its operations a report as to any action taken by
the Council during the period to which the report relates to implement
any recommendation made in a report of the Ombudsman or the Auditor-General
concerning the Council or the University:
(a) whether or not the recommendation relates to a referral
by the Minister under section 21E, and
(b) whether or not the recommendation relates to a University commercial
activity (as defined in section 21A).
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Division 2 - Property
Powers of Council relating to
property
18.
(1) The Council:
(a) may acquire by gift, bequest or devise any property for the purpose
of this Act and may agree to carry out the conditions of any such gift,
bequest or devise; and
(b) has the control and management of all property at any time vested
in or acquired by the University and may, subject to this section, dispose
of property in the name and on behalf of the University.
(2) The Council must not, except with the approval of the
Minister, alienate, mortgage, charge or demise any lands of the University.
(3) Despite subsection (2), the Council may, without the
approval of the Minister, lease any lands of the University if:
(a) the term of the lease does not exceed 21 years; and
(b) the Council is satisfied that it is to the benefit of the University,
whether from a financial or educational standpoint or otherwise, that
the lease be entered into.
(4) In the case of a lease of any lands of the University,
or any renewal of the lease, to a residential college affiliated with
the University, the lease:
(a) is to be for a term not exceeding 99 years; and
(b) is to be at a nominal rent; and
(c) is to contain a condition that the lease is not to be assigned and
such other conditions as the Council thinks fit.
(5) The rule of law against remoteness of vesting does not
apply to or in respect of any condition of a gift, bequest or devise to
which the University has agreed.
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Powers of Council over certain property
vested in Crown
19.
(1) Where any property used for the conduct of the University is vested
in the Crown or a Minister of the Crown (whether as Constructing Authority
or otherwise), the Council has the control and management of that property
and is responsible for its maintenance.
(2) Nothing in subsection (1) enables the Council to alienate,
mortgage, charge or demise any land vested in the Crown or a Minister
of the Crown (whether as Constructing Authority or otherwise).
(3) Notwithstanding subsection (2), the Council may (on
behalf of the Crown or a Minister of the Crown) lease land of which it
has, pursuant to this section, the control and management.
(4) Such a lease:
(a) is to be for a term not exceeding 21 years; and
(b) is to contain a condition that the lease is not to be assigned and
such other conditions as the Council thinks fit.
(5) The Council is, in the exercise of its functions under
this section, subject to the control and direction of the Minister.
(6) This section does not apply to land used for the conduct
of a campus of the University at Coffs Harbour pursuant to arrangements
referred to in section 22 (Provision of joint education facility at Coffs
Harbour).
Acquisition of land
20.
(1) The Minister may, for the purposes of this Act, acquire land (including
an interest in land) by agreement or by compulsory process in accordance
with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) The Minister may do so only if the University:
(a) applies to the Minister for acquisition of the land; and
(b) makes provision to the satisfaction of the Minister for the payment
of the purchase price or of compensation for compulsory acquisition
(together with all necessary charges and expenses incidental to the
acquisition).
(3) For the purposes of the Public Works Act 1912, any acquisition
of land under this section is taken to be for an authorised work and the
Minister is, in relation to that authorised work, taken to be the Constructing
Authority.
(4) Sections 34, 35, 36 and 37 of the Public Works Act 1912
do not apply in respect of works constructed under this section.
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Grant or transfer of certain land
to University
21.
(1) If land on which the University is conducted is vested in the Crown
or a Minister of the Crown (whether as Constructing Authority or otherwise),
the land may:
(a) if it is vested in the Crown - be transferred to the University
subject to such trusts, conditions, covenants, provisions, exceptions
and reservations as the Minister for Land and Water Conservation thinks
fit; or
(b) if it is vested in a Minister of the Crown - be conveyed or transferred
to the University for such estate, and subject to such trusts and rights
of way or other easements, as the Minister in whom the land is vested
thinks fit.
(2) A conveyance, transfer or other instrument executed
for the purposes of this section:
(a) is not liable to stamp duty under the Stamp Duties Act 1920; and
(b) may be registered under any Act without fee.
Division 3 - Commercial activities
Definitions
21A. In this Division:
“the Guidelines” means the guidelines approved for
the time being under section 21B.
“University commercial activity” means:
(a) any activity engaged in by or on behalf of the University in the
exercise of commercial functions of the University, and
(b) any other activity comprising the promotion of, establishment of
or participation in any partnership, trust, company or other incorporated
body, or joint venture, by or on behalf of the University, that is for
the time being declared by the Guidelines to be a University commercial
activity.
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Guidelines for commercial activities
21B.
(1) The Minister on the advice of the Treasurer may approve Guidelines
requiring specified processes and procedures to be followed in connection
with University commercial activities.
(2) The Council may submit proposals for the Guidelines to the Minister
for approval.
(3) Without limitation, the Guidelines may contain provision for or
with respect to the following in connection with University commercial
activities:
(a) requiring feasibility and due diligence assessment,
(b) requiring the identification of appropriate governance and administrative
arrangements (including as to legal structures and audit requirements),
(c) requiring the undertaking of risk assessment and risk management
measures,
(d) regulating and imposing requirements concerning the delegation by
the Council of any of its functions under this Act in connection with
University commercial activities,
(e) declaring a specified activity to be a University commercial activity
for the purposes of paragraph (b) of the definition of that expression
in section 21A,
(f) establishing a protocol regarding the rights and responsibilities
of members of the Council in relation to commercialisation, with a view
to avoiding real or apparent conflicts of interest.
(4) The Council must ensure that the Guidelines are complied with.
(5) The Minister's power to approve Guidelines is not limited by any
proposals for Guidelines submitted by the Council or any failure by the
Council to submit proposals for the Guidelines.
(6) Guidelines are approved by the Minister by giving notice in writing
to the Council of the approved Guidelines. The power of the Minister on
the advice of the Treasurer to approve Guidelines under this section includes
the power to amend or rescind and replace the Guidelines from time to
time.
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Register of commercial activities
21C.
(1) The Council is to maintain a Register of University commercial activities
and is to enter and keep in the Register the following details of each
of those activities:
(a) a description of the activity,
(b) details of all parties who participate in the activity,
(c) details of any appointment by or on behalf of the University to
relevant boards or other governing bodies,
(d) details of any meetings at which relevant matters were considered
and approved for the purposes of compliance with the Guidelines,
(e) such other details as the Guidelines may require.
(2) The Guidelines may make provision for the following:
(a) exempting specified activities or activities of a specified class
from all or specified requirements of this section,
(b) altering the details to be included in the Register in respect of
specified activities or activities of a specified class,
(c) enabling related activities to be treated as a single activity for
the purposes of the Register.
(3) The Council must comply with any request by the Minister to provide
the Minister with a copy of the Register or any extract from the Register.
Reports to Minister on commercial activities
21D.
(1) The Minister may request a report from the Council as to University
commercial activities or as to any particular University commercial activity
or aspect of a University commercial activity.
(2) The Council must provide a report to the Minister in accordance
with the Minister's request.
Referral of matters to Ombudsman or Auditor-General
21E. The Minister may refer a University commercial activity or any aspect
of a University commercial activity (whether or not the subject of a report
by the Council to the Minister):
(a) to the Auditor-General for investigation and report to the Minister,
or
(b) as a complaint to the Ombudsman that may be investigated by the
Ombudsman as a complaint under the Ombudsman Act 1974.
Table of Provisions
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