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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Australian Catholic University
(Queensland) Bill 2006
Queensland
Australian Catholic University
(Queensland) Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Main purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 The university
4 Recognition as a university. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Independence of the university . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Use of name `Australian Catholic University' . . . . . . . . . . . . . . . . 5
7 Function of conferring awards . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 3 Investment common funds
8 Establishment of investment common funds . . . . . . . . . . . . . . . . 5
9 Income of investment common funds. . . . . . . . . . . . . . . . . . . . . . 5
10 Funds added to investment common fund . . . . . . . . . . . . . . . . . . 6
11 Trust funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 4 Miscellaneous
12 No religious discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13 Liability of the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
14 Application of Higher Education (General Provisions) Act 2003 . 7
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2006
A Bill
for
An Act to provide statutory recognition of the Australian
Catholic University and to facilitate its operation in Queensland
s1 4 s5
Australian Catholic University (Queensland) Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Australian Catholic University 4
(Queensland) Act 2006. 5
2 Definitions 6
The dictionary in the schedule defines particular words used 7
in this Act. 8
3 Main purposes 9
The main purposes of this Act are to-- 10
(a) recognise the Australian Catholic University as a 11
university; and 12
(b) facilitate its operation in Queensland. 13
Part 2 The university 14
4 Recognition as a university 15
The Australian Catholic University is recognised as a 16
university in Queensland. 17
5 Independence of the university 18
In relation to the provision of education by the university, the 19
senate-- 20
s6 5 s9
Australian Catholic University (Queensland) Bill 2006
(a) is solely responsible for, and has authority over, the 1
provision of the education; and 2
(b) is not subject to the direction of any person. 3
6 Use of name `Australian Catholic University' 4
The university and the senate are authorised to use the name 5
`Australian Catholic University' in relation to the conduct of 6
the university, including in the discharge of the university's 7
function under section 7. 8
7 Function of conferring awards 9
It is a function of the university to confer higher education 10
awards. 11
Part 3 Investment common funds 12
8 Establishment of investment common funds 13
(1) The university may establish 1 or more investment common 14
funds for the collective investment of funds belonging to or 15
vested in the university. 16
(2) The university may add funds to, or withdraw funds from, an 17
investment common fund, without incurring any liability for 18
breach of trust. 19
9 Income of investment common funds 20
(1) The university must periodically distribute the income of an 21
investment common fund among each fund forming the 22
investment common fund (a component fund), having regard 23
to the share of each component fund in the investment 24
common fund during the period in which the income is 25
derived. 26
(2) Despite subsection (1), the university may-- 27
s 10 6 s 11
Australian Catholic University (Queensland) Bill 2006
(a) add a part of the income of the investment common fund 1
to the fund's capital; or 2
(b) use a part of the income to establish or augment another 3
fund to make provision against capital depreciation or 4
reduction of income. 5
10 Funds added to investment common fund 6
(1) If a component fund adds funds to an investment common 7
fund-- 8
(a) the university is taken to hold the funds for the benefit of 9
the investment common fund; and 10
(b) for funds other than money--the component fund is 11
taken to have added to the investment common fund an 12
amount equivalent to the value attributed by the 13
university to the added funds at the time the funds were 14
added. 15
(2) If a component fund stops forming part of an investment 16
common fund, the amount to be withdrawn from the 17
investment common fund is an amount equivalent to the value 18
attributed by the university to the equity in the investment 19
common fund of the component fund at the time of the 20
withdrawal. 21
11 Trust funds 22
(1) The inclusion of trust funds in an investment common fund 23
does not affect a trust to which the trust funds, or amounts 24
attributed to the trust funds, are subject. 25
(2) The power of the university to include trust funds in an 26
investment common fund is subject to an express direction in, 27
or express condition of, the trust. 28
s 12 7 s 14
Australian Catholic University (Queensland) Bill 2006
Part 4 Miscellaneous 1
12 No religious discrimination 2
The Anti-Discrimination Act 1991, section 41, does not apply
1
3
to allow the university to discriminate in the area of education 4
by excluding an applicant for admission as a student who is 5
not of a particular religion. 6
13 Liability of the State 7
The State is not liable to any action, claim, demand or liability 8
arising from the enactment or operation of this Act or from 9
anything done by the university under this Act. 10
14 Application of Higher Education (General Provisions) 11
Act 2003 12
The Higher Education (General Provisions) Act 2003, part 2,2 13
does not apply to the university. 14
1 Anti-Discrimination Act 1991, section 41 (Single sex, religion, etc. educational
institution)
2 Higher Education (General Provisions) Act 2003, part 2 (Establishment of, or
recognition as, university)
8
Australian Catholic University (Queensland) Bill 2006
Schedule Dictionary 1
section 2 2
Australian Catholic University or the university means the 3
Australian Catholic University Limited ACN 050 192 660. 4
component fund see section 9(1). 5
funds include trust funds, real property, securities and other 6
property. 7
higher education award see the Higher Education (General 8
Provisions) Act 2003, schedule 2. 9
senate means the Senate of the university as constituted under 10
the university's constitution. 11
© State of Queensland 2006
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