Queensland Consolidated Acts

JAMES COOK UNIVERSITY ACT 1997

- As at 26 April 2024 
- Act 45 of 1997 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

   PART 2 - THE UNIVERSITY AND ITS COUNCIL

           Division 1 - University establishment and general functions and powers

   4.      Establishment of university
   5.      Functions of university
   6.      General powers of university

           Division 2 - Council establishment and general functions and powers

   7.      Establishment of council
   8.      Functions of council
   9.      Powers of council
   10.     Council to promote university’s interests
   11.     Delegation

           Division 3 - Council membership—no membership resolution

   11A.    Application of division
   12.     Membership of council
   13.     Official members
   14.     Appointed members
   15.     Elected members
   16.     Additional member
   17.     When council is taken to be properly constituted
   18.     Appointed member’s term of office
   19.     Elected member’s term of office
   20.     Additional member’s term of office
   20A.    Dealing with casual vacancy in office of an elected member
   21.     Failure to elect elected members
   22.     Casual vacancies

           Division 3A - Council membership—membership resolution

              Subdivision 1 - Preliminary

   22A.    Definitions for division

              Subdivision 2 - Council membership

   22B.    Application of subdivision
   22C.    Membership of council
   22D.    Official members
   22E.    Appointed members
   22F.    Elected members
   22G.    Additional members
   22H.    Particular provisions subject to sdiv 4
   22I.    When council is taken to be properly constituted

              Subdivision 3 - Membership resolutions

   22J.    Council may pass resolution
   22K.    Current members not affected
   22L.    Council must give Minister notice of membership resolution affecting class of appointed members
   22M.    When membership resolution takes effect for membership class
   22N.    Restriction on passing further membership resolution

              Subdivision 4 - Casual vacancies and related matters

   22O.    Dealing with casual vacancy in office of elected member
   22P.    Failure to elect elected members
   22Q.    Casual vacancies

           Division 3B - Matters relating to offices of appointed, elected and additional members

   23.     Ineligibility for membership of council
   24.     Vacation of office
   25.     Discretion where appointed member convicted of indictable offence
   26.     Discretion where elected or additional member convicted of indictable offence

           Division 3C - Council elections

   26AA.   Election policy
   26AB.   Conduct of election
   26AC.   Eligibility to vote

           Division 4 - Members’ function, and removing elected, appointed and additional members from office

   26A.    Member’s function, and obligations about function
   26B.    Council may remove member from office

           Division 5 - Extending terms of office

   26C.    Minister may extend terms of office

           Division 6 - Meetings of the council

   27.     Who is to preside at meetings
   28.     Quorum
   29.     Conduct of meetings

   PART 3 - CERTAIN OFFICERS OF THE UNIVERSITY

   30.     Chancellor
   31.     Deputy chancellor
   32.     Vice-chancellor

   PART 4 - BODIES CONNECTED WITH THE UNIVERSITY

           Division 1 - Convocation

   33.     Establishment of convocation

           Division 2 - Union

   34.     Establishment of union
   35.     Composition
   36.     Role
   37.     General powers
   38.     Constitution

           Division 3 - (Repealed)

           Division 4 - Academic board

   40.     Establishment of academic board
   40A.    Chairperson of academic board

           Division 5 - Application of Corporations legislation to bodies

   40B.    Excluded matters for Corporations legislation

   PART 4A - MATTERS RELATING TO OFFICES OF CHANCELLOR, DEPUTY CHANCELLOR, VICE-CHANCELLOR AND CHAIRPERSON

   40C.    Disqualification from office
   40D.    Council may remove chancellor, vice-chancellor or chairperson from office
   40E.    Particular matters about removal of vice-chancellor
   40F.    Vacation of office

   PART 5 - PROPERTY AND FINANCE

           Division 1 - Property held on trust or conditions

   41.     Definition for div 1
   42.     Amendment of terms of trusts and gifts
   43.     Selection of designated purpose
   44.     Property to be held for designated purpose
   45.     Certain persons to be given notice of scheme
   46.     Amendment of scheme
   47.     University’s powers under other laws not limited
   48.     University may carry out conditions of gift etc.

           Division 2 - Dealing with State land by council

   49.     Application of Land Act 1994

           Division 3 - Finance

   50.     University is statutory body under the Financial Accountability Act 2009
   51.     University is statutory body under the Statutory Bodies Financial Arrangements Act 1982
   52.     Trust funds
   53.     Investment common fund
   54.     Application of revenue
   55.     Financial review
   56.     University’s financial year

   PART 6 - (Repealed)

   PART 7 - MISCELLANEOUS

   61.     Forming and taking part in corporations
   62.     Use of facilities and staff
   62A.    Protection from liability
   62B.    Report about person’s criminal history
   62C.    Delegation by Minister
   62D.    Requirement to disclose particular matters
   62E.    Restrictions on disclosing protected information
   63.     Control of traffic and conduct on university land
   64.     Regulation-making power
   65.     Repealed Act references

   PART 8 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal provision

   66.     (Expired)
   67.     Repeal

           Division 2 - Transitional provisions for the University Legislation Amendment Act 2005

              Subdivision 1 - Preliminary

   68.     Definitions for div 2

              Subdivision 2 - Provisions about council membership

   69.     Continuation of official members
   70.     Appointment of new appointed members
   71.     Continuation, and term of office, of appointed members
   72.     Continuation of elected members
   73.     Ballot, and term of office, for elected members
   74.     Appointment of new additional member
   75.     Continuation, and term of office, of additional members
   76.     Council need not include additional members
   77.     Dealing with casual vacancy in office of elected member

              Subdivision 3 - Constitution of council

   78.     Constitution of council

           Division 3 - Transitional provisions for University Legislation Amendment Act 2017

   79.     Definitions for division
   80.     Particular references to council election
   81.     Majority required for first membership resolution
   82.     Council must give Minister notice of first membership resolution
   83.     Membership and constitution of council during transition period
   84.     Convocation elected members to be disregarded for s 22J(6)(a)
   85.     Dealing with casual vacancy in office of convocation elected member at start of, or during, transition period
   86.     Repeal of university statutes
           SCHEDULE 1
           SCHEDULE 2