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(J uun 1anb
ANNO TRICESIMO SECUNDO
ELIZABETHAE SECUNDAE REGINAE
No. 20 of 1983
An Act to amend the University of Queensland Act 19651982, the Griffith University Act 1971-1982 and
the James Cook University of North Queensland
Act 1970-1982 each in certain particulars and for
related purposes
[ASSENTED TO 19TH APRIL, 1983]
Universities Acts Amendment Act 1983, No. 20
219
BE IT ENACTED by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Legislative Assembly of Queensland
in Parliament assembled, and by the authority of the same, as follows:PART I-PRELIMINARY
This Act may be cited as the Universities Acts
1. Short title.
Amendment Act 1983.
2. Arrangement of Act.
This Act is arranged in Parts as follows:-
PART I-PRELIMINARY (SS. 1-2);
PART 11-AMENDMENT OF UNIVERSITY OF QUEENSLAND ACT
(ss. 3-7) ;
PART 111-AMENDMENT OF GRIFFITH UNIVERSITY ACT (SS. 8-12);
PART IV-AMENDMENT OF JAMES COOK UNIVERSITY OF NORTH
QUEENSLAND ACT (ss. 13-17).
SCHEDULE
PART II-AMENDMENT OF UNIVERSITY OF QUEENSLAND AC?
3. Citation. (1) In this Part the University of Queensland Act
1965-1982 is referred to as the Principal Act.
(2) The Principal Act as amended by this Part may be cited as the
University of Queensland Act 1965-1983.
4. Amendment of s. 4. Interpretation. Section 4 of the Principal Act
is amended by adding after the word " Act " in the definition " University "
the following words:-
41
" vehicle " means a vehicle within the meaning of the Traffic
Act 1949-1982 ".
5. Repeal of and new s. 22. The Principal Act is amended by repealing
section 22 and substituting the following section:" 22. Schools etc. and academic departments . (1) The Senate
may by Statute from time to time establish such schools or other
academic units (not being academic departments) within the
University as it thinks fit.
(2) The Senate may from time to time establish within the
faculties of the University such academic departments as it thinks
fit.
(3) The Senate shall be deemed always to have had power to
establish academic departments within the faculties of the University
otherwise than by Statute.".
6. Amendment of s. 31. Financial accommodation .
Section 31
of the Principal Act is amended by omitting subsection (3) and substituting
the following subsection:" (3) The University is a statutory body within the meaning
of the Statutory Bodies Financial Arrangements Act 1982.".
Universities Acts Amendment Act 1983, No. 20
220
Section 34 of the Principal Act
7. Amendment of s. 34 . Statutes.
is amended by(a) in subsection (1), inserting in provision (xix) after the word
" persons " the words " and the presence and use of vehicles ";
(b) adding at the end of subsection (1) the following paragraph:" The power to make Statutes shall be deemed always to have
included power to make them with respect to the matters specified
in provision (xix) as amended by the Universities Acts Amendment
Act 1983 and in subsection (1A).";
(c) inserting after subsection (1), as subsection (IA), the provisions
set forth in the Schedule.
PART 111-AMENDMENT OF GRIFFITH UNIVERSITY ACT
8. Citation . (1) In this Part the Griffith University Act 1971-1982
is referred to as the Principal Act.
(2) The Principal Act as amended by this Part may be cited as the
Griffith University Act 1971-1983.
9. Amendment of s. 3. Interpretation. Section 3 of the Principal
Act is amended by adding after the word "Act" in the definition
" University " the following words:ft
" vehicle " means a vehicle within the meaning of the Traffic
Act 1949-1982 ".
10. Amendment of s. 8. Constitution of Council . Section 8 of the
Principal Act is amended by, in subsection (3), omitting paragraph (b)
and substituting the following paragraph:"(b) the term of office of a member appointed in pursuance of this
subsection shall, subject to this Act, expire on a date determined
by the Council at the time of his appointment but shall not
in any case exceed three years from the date of his
appointment;".
11. Amendment of s. 34. Financial accommodation . Section 34 of
the Principal Act is amended by omitting subsection (5) and substituting
the following subsection:" (5) The University is a statutory body within the meaning
of the Statutory Bodies Financial Arrangements Act 1982.".
12. Amendment of s. 36 . Statutes . Section 36 of the Principal Act
is amended by(a) in subsection (1), inserting in provision (xviii) after the word
" persons " the words " and the presence and use of vehicles ";
(b) adding at the end of subsection (1) the following paragraph:" The power to make Statutes shall be deemed always to have
included power to make them with respect to the matters specified
in provision (xviii) as amended by the Universities Acts Amendment
Act 1983 and in subsection (IA).";
Universities Acts Amendment Act 1983, No. 20
221
(c) inserting after subsection 1, as subsection (1A), the provisions
set forth in the Schedule.
PART IV-AMENDMENT OF JAMES COOK UNIVERSITY OF NORTH
QUEENSLAND ACT
13. Citation. (1) In this Part the James Cook University of North
Queensland Act 1970-1982 is referred to as the Principal Act.
(2) The Principal Act as amended by this Part may be cited as the
James Cook University of North Queensland Act 1970-1983.
14. Amendment of s. 3. Interpretation. Section 3 of the Principal
Act is amended by(a) inserting after the definition " permanent academic staff " the
following definition:"" permanent non-academic staff " means the members of staff of
the University, other than the members of the permanent
academic staff, under an appointment which by the terms
thereof may, without renewal, continue until the age of 60
years at least;";
(b) adding after the word " Act " in the definition " University "
the following words:CL
" vehicle " means a vehicle within the meaning of the Traffic Act
1949-1982".
15. Amendment of s. 7. Constitution of Council other than first
Council . Section 7 of the Principal Act is amended by(a) in subsection (1),
(i) omitting from paragraph (d) the words " of the University ";
(ii) inserting after paragraph (e) the following paragraph:(ea) two members who are members of the permanent non-academic
staff appointed by that staff;";
(b) inserting after subsection (7) the following subsection:" (7A) Where by reason of the passing of the Universities Acts
Amendment Act 1983 the permanent non-academic staff becomes
entitled to be represented on the Council during the current term
of office of appointed members of the Council, then notwithstanding
the provisions of paragraph (ea) of subsection (1)(a) the Minister may select the two members of that staff
who shall be the first representatives of that staff on the
Council;
(b) the members so selected shall be deemed to have been
duly appointed by that staff; and
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Universities Acts Amendment Act 1983, No. 20
(c) the term of office of the members so selected shall, subject
to this Act, expire upon the expiration by effluxion of
time of the current term of office of appointed members
of the Council.".
16. Amendment of s. 37. Financial accommodation. Section 37
of the Principal Act is amended by omitting subsection (5) and substituting
the following subsection:" (5) The University is a statutory body within the meaning
of the Statutory Bodies Financial Arrangements Act 1982.".
17. Amendment of s. 39 . Statutes. Section 39 of the Principal Act
is amended by(a) in subsection (1),
(i) adding after the word " Convocation " in provision (ii) the words
16 or of members expressed by this Act to be appointed by staff of the
University ";
(ii) inserting in provision (xviii) after the word " persons " the
words " and the presence and use of vehicles ";
(b) inserting after subsection (1), as subsection (IA), the provisions
set forth in the Schedule.
[ss. 7, 12 and 17]
SCHEDULE
Without limiting the generality of the powers conferred by subsection
(1) a Statute made pursuant to that subsection(a) may provide, in the case of an offence that consists of(i) bringing a vehicle onto or parking or standing a vehicle on
a site in breach of a Statute;
(ii) driving a vehicle on any part of a site in breach of a Statute;
(iii) driving a vehicle on any part of a site at a speed in excess of
a speed that, in relation to that part, is prescribed by Statute,
determined by a method prescribed by Statute or fixed by a
person authorized by Statute so to do in respect of the site
or that part;
(iv) driving a vehicle on any part of a site contrary to any direction,
whether given by a person authorized by Statute so to do or
by a traffic control device on the site;
(v) doing on a site with or in respect of a vehicle such other
act as may be prescribed by Order in Council for the purposes
of this section,
that the owner of the vehicle (whether or not he was in charge
of the vehicle at the material time) shall be liable to be punished
for the offence as well as the person who was in charge of the
vehicle at the material time;
(b) may define who is the owner of a vehicle for the purposes of
the Statutes;
Universities Acts Amendment Act 1983, No. 20
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(c) may provide for the removal or disposal of any vehicle(i) parked or left standing on a site in such a position as to
obstruct, interfere with or cause danger to other vehicles
on the site or to users of the site; or
(ii) apparently abandoned on a site;
(d) may prescribe the proof that is necessary or sufficient to
establish any matter relevant to an offence created by Statute.
A Statute that provides as is referred to in paragraph (a) of this
subsection shall not be so construed that the owner of a vehicle and
the person in charge of it at the time an offence was committed with
or in respect of the vehicle shall both be punished for the one offence.
In this subsection the term " site " means any land or premises the
property of or under the control of the University.