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JAMES COOK UNIVERSITY ACT 1997 - SCHEDULE 1

SCHEDULE 1 – Control of traffic and conduct on university land

Part 1 - Authorised persons and security officers

1 Appointment of authorised persons and security officers

(1) The vice-chancellor may, in writing, appoint a person who the vice-chancellor is satisfied has the necessary training, or knowledge and experience, to be an authorised person under this Act.
(2) The vice-chancellor may, in writing, appoint a person who the vice-chancellor is satisfied has the necessary training, or knowledge and experience, to be a security officer under this Act.
(3) A person may be appointed both an authorised person and a security officer.

1A Limitation of authorised person’s or security officer’s powers

The powers of an authorised person or a security officer may be limited—

(a) under a condition of appointment; or
(b) by notice of the vice-chancellor given to the authorised person or security officer.

2 Terms of appointment

(1) An authorised person or security officer holds office on the conditions stated in the instrument of appointment.
(2) An authorised person or security officer—
(a) if the appointment provides for a term of appointment—ceases to hold office as an authorised person or security officer at the end of the term; and
(b) may resign by signed notice given to the vice-chancellor.

3 Identity cards

(1) The vice-chancellor must issue an identity card to each authorised person and security officer.
(2) The identity card must—
(a) contain a recent photograph of the authorised person or security officer; and
(b) be in a form approved by the vice-chancellor; and
(c) be signed by the authorised person or security officer.
(3) A person who ceases to be an authorised person or security officer must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it.
Penalty—
Maximum penalty for subsection (3) —10 penalty units.

4 Proof of authority

(1) An authorised person or security officer may exercise a power under this Act in relation to someone else only if the authorised person or security officer—
(a) first produces his or her identity card for inspection by the other person; or
(b) has his or her identity card displayed so that it is clearly visible.
(2) If, for any reason, it is not practicable to comply with subsection (1) , the authorised person or security officer must produce the identity card for inspection by the person at the first reasonable opportunity.
(3) If subsection (2) is relevant and is complied with by an authorised person or security officer, the exercise of a power in relation to someone else by the authorised person or security officer is not invalid merely because of subsection (1) .

Part 2 - Traffic control

5 Persons authorised to control traffic on university’s land

(1) An authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.
(2) A person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it.
Penalty—
Maximum penalty for subsection (2) —10 penalty units.

6 Regulatory notice

(1) The university may erect or display at or near any vehicular entrance to the university’s land, a notice (a
"regulatory notice" ) regulating the driving, parking or standing of vehicles on the land, including, for example—
(a) fixing a maximum speed limit; or
(b) indicating a pedestrian crossing; or
(c) indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.
(2) A person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it.
Penalty—
Maximum penalty—10 penalty units.
(3) A regulatory notice—
(a) must state the limits of the area to which the notice applies; and
(b) may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.
(4) Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.
(5) Evidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.
(6) A regulatory notice erected or displayed under this section must be easily visible to passers-by.

7 Information notices

(1) This section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.
(2) The university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.
(3) An information notice may contain any other information the vice-chancellor considers appropriate.
(4) An information notice erected or displayed under this section must be easily visible to passers-by.
(5) In this section—

"regulatory notice" does not include an official traffic sign.

8 Removal and detention of illegally parked or abandoned vehicles

(1) An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds—
(a) is parked in contravention of a regulatory notice; or
(b) is abandoned.
(2) The vehicle must be held at a safe place.
(3) An authorised person may exercise the powers given under subsection (1) (a) only if—
(a) the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and
(b) the authorised person—
(i) can not immediately locate the driver of the vehicle; or
(ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
(4) As soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.
(5) If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.
(6) If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the cost of seizing, removing, holding and returning the vehicle.
(7) In this section—

"vehicle" includes a part of the vehicle and anything attached to, or contained in, the vehicle.

9 Disposal of unclaimed vehicles

(1) This section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 8 (4) or (5) .
(2) After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.
(3) The notice must—
(a) identify the vehicle; and
(b) state that the vehicle is to be sold by auction; and
(c) state how the owner may recover the vehicle before the auction; and
(d) state the time and place of the auction.
(4) Compensation is not recoverable against the university for the sale of a vehicle under this section.
(5) In this section—

"vehicle" includes a part of the vehicle and anything attached to, or contained in, the vehicle.

10 Application of proceeds of sale

(1) The proceeds of the sale must be applied in the following order—
(a) in payment of the reasonable expenses incurred in the sale;
(b) in payment of the reasonable cost of seizing, removing and holding the vehicle;
(c) if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;
(d) in payment of any balance to the owner.
(2) Compensation is not recoverable against the university for a payment under this section.

Part 3 - Conduct on university land

11 Conduct causing a public nuisance

A person must not be disorderly or create a disturbance on the university’s land.

Penalty—
Maximum penalty—20 penalty units.

12 Power to deal with persons causing a public nuisance

(1) This section applies if a security officer—
(a) finds a person contravening section 11 ; or
(b) finds a person in circumstances that leads the security officer to suspect on reasonable grounds that the person has just contravened section 11 ; or
(c) has information that leads the security officer to suspect on reasonable grounds that a person has just contravened section 11 ; or
(d) reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
(e) has information that leads the security officer to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
(f) reasonably believes that a person is on the land without lawful justification or excuse.
(2) The security officer may direct the person to leave the university’s land or a part of the university’s land.
(3) A person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it.
Penalty—
Maximum penalty—10 penalty units.



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