University of Western Australia Act 1911

 

 

 

Reprinted under the Reprints Act 1984 as

at 10 December 2010

University of Western Australia Act 1911

CONTENTS

Part 1 — Preliminary

1.Short title2

2.Terms used2

Part 2 — Establishment of the University

3.The University of Western Australia3

4.University to consist of Senate, Convocation, staff and students3

5.Senate is governing authority3

6.University is a body corporate3

Part 3 — Visitor

7.Governor is the Visitor4

Part 4 — Senate, officers and Convocation

Division 1 — Senate

8.Members5

9.Terms of members6

10.Duties of members (Sch. 1 Div. 1)7

11.People disqualified from being Chancellor,
Pro-Chancellor or Senate member7

11A.Removal of members for breach of certain duties and suspension pending removal8

Division 2 — Chancellor and Pro-Chancellor

12.Chancellor10

12A.Pro‑Chancellor11

Division 3 — Powers of Senate

13.Appointment of officers and management of affairs11

14.Control and management of property12

14A.Sale of endowment land12

15.Leasing University lands12

15A.Trust moneys not immediately required may be used to erect buildings etc.13

15B.Raising loans14

16.Disposal of property acquired by gift etc.15

16A.By‑laws regulating use etc. of University lands16

16B.Approval and publication of by‑laws21

16C.Penalty etc.21

16E.Regulations22

16EA.Relief of Senate members from liability22

16F.Certain certificates of Chancellor etc. to be prima facie evidence23

Division 4 — Convocation

17.Members23

18.Warden24

Division 5 — Vacancies

19.Resignation25

20.Senate office vacated on disqualification etc.25

21.Vacancy in office of Warden, how filled25

22.Vacancies in Senate, how filled26

23.Reappointment27

Division 6 — Proceedings

24.Chairman27

24A.Disclosure of interests (Sch. 1 Div. 2)27

25.Quorum27

26.Proceedings not invalidated in certain circumstances28

Division 7 — Vice-Chancellor

27.Vice‑Chancellor, appointment and functions of28

Part 5 — Guild of Undergraduates

28.Guild of Undergraduates29

28A.Amenities and services fee30

28B.Senate to include detail in Statute30

Part 6 — Instruction, degrees, examination

29.Instruction, degrees etc.32

30.Examinations32

Part 7 — Statutes

31.Power to make Statutes33

33.Statutes to be approved by Governor and published36

34.Affiliated institutions37

Part 8 — Endowment and revenue

35.Endowment of Crown lands etc.38

36.Exemption of property from taxation38

37.Parliament may make appropriation to University38

38.Application of fees etc.39

Part 9 — General provisions

39.No religious test40

40.Privileges of Act to extend to women40

41.Application of Financial Management Act 2006 and Auditor General Act 200640

42.Discharge of Trustees of University Endowment41

Schedule 1 — Senate members

Division 1 — Duties

1.Duties42

Division 2 — Disclosure of interests

2.Disclosure of interests43

3.Voting by interested members43

4.Clause 3 may be declared inapplicable44

5.Quorum where cl. 3 applies44

6.Minister may declare cl. 3 and 5 inapplicable44

Notes

Compilation table45

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 10 December 2010

University of Western Australia Act 1911

An Act to establish, incorporate, and endow the University of Western Australia.

Preamble

Whereas of the States of the Commonwealth Western Australia alone is unprovided with a University:

And whereas it is desirable that provision should be made for further instruction in those practical arts and liberal studies which are needed to advance the prosperity and welfare of the people:

And whereas it is desirable that special encouragement and assistance should be afforded those who may be hindered in the acquisition of sound knowledge and useful learning by lack of opportunity or means:

And whereas for these purposes it is expedient to incorporate and endow a University within the State of Western Australia,

Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —

Part 1  Preliminary

[Heading inserted by No. 19 of 2010 s. 48(3).]

1.Short title

This Act may be cited as the University of Western Australia Act 1911 1.

2. Terms used

In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively —

Convocation — Convocation of the University;

Guild — The Guild of Undergraduates established under section 28;

Senate — The Senate of the University;

Statutes — Statutes of the University made under the authority of this Act;

student — A person enrolled in the University as a student;

University — The University of Western Australia constituted under the authority of this Act.

[Section 2 amended by No. 44 of 2002 s. 15.]

Part 2  Establishment of the University

[Heading inserted by No. 19 of 2010 s. 48(3).]

3.The University of Western Australia

There shall be from henceforth for ever in the State of Western Australia a University to be called “The University of Western Australia” with such faculties as the Statutes of the University may from time to time prescribe.

4.University to consist of Senate, Convocation, staff and students

(1)The University shall consist of a Senate, Convocation, staff and graduate and undergraduate students.

(2)Despite subsection (1), until Convocation is constituted, the University shall consist of a Senate and the members for the time being.

(3)On the appointment of the first members of the Senate the University shall be lawfully constituted for the purposes of this Act.

[Section 4 amended by No. 75 of 2000 s. 5; No. 19 of 2010 s. 51.]

5.Senate is governing authority

The Senate shall be the governing authority of the University.

[Section 5 inserted by No. 43 of 1944 s. 2.]

6.University is a body corporate

The University shall be a body corporate, with perpetual succession and a common seal, and shall under its name be capable in law of suing and being sued, and of taking, purchasing, holding, and alienating all real and personal property whatsoever, whether the same is situated in Western Australia or elsewhere, and of doing and suffering all such acts and things as bodies corporate may by law do and suffer.

Part 3  Visitor

[Heading inserted by No. 19 of 2010 s. 48(3).]

7.Governor is the Visitor

(1)The Governor shall be the Visitor of the University, and has authority, as and when he or she thinks fit, to do all things that pertain to the office of Visitor.

(2)Despite section 60 of the Interpretation Act 1984, for the purposes of this section the Governor is authorised to act without the requirement of obtaining the advice and consent of the Executive Council.

[Section 7 inserted by No. 75 of 2000 s. 6.]

Part 4 — Senate, officers and Convocation

[Heading inserted by No. 19 of 2010 s. 48(3).]

Division 1 — Senate

[Heading inserted by No. 19 of 2010 s. 48(3).]

8.Members

(1)The Senate shall consist of 21 members as follows —

(a)4 persons appointed by the Governor;

(b)4 persons, who are not persons referred to in paragraph (c), elected by Convocation at the time and place and in the manner prescribed by Statute;

(c)3 persons elected —

(i)by and from persons who hold an ongoing or fixed term appointment at the University as an academic staff member; and

(ii)at the time and place and in the manner prescribed by regulations;

(d)the Chancellor ex officio;

(e)one member of the Academic Board of the University, as established under Statute, elected by and from the Academic Board;

(f)the Vice‑Chancellor of the University ex officio;

(g)2 persons who are enrolled as students of the University, elected by students so enrolled at the time and place and in the manner prescribed by regulations;

(h)one member of the Postgraduate Students’ Association, elected by the members of the Association;

(i)3 persons selected and coopted as members of the Senate by the other members of the Senate;

(j)one person, elected by and from persons who hold an ongoing or fixed term appointment at the University other than as an academic staff member, elected at the time and place and in the manner prescribed by regulations.

(2)A person who is a principal of any secondary school, or similar educational institution, or is a teacher engaged in such an institution may be appointed or elected, and act, as a member of the Senate, but no more than 2 such persons may be members of the Senate at the same time.

(3)The following persons are not eligible to be a member of the Senate under subsection (1)(c) —

(a)a person who holds an office which from time to time comprises part of the Executive of the University;

(b)the Chair of the Academic Board of the University.

(4)Of the members of the Senate —

(a)at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector); and

(b)at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector),

and the member mentioned in paragraph (b) may also be one of the members mentioned in paragraph (a).

(5)The majority of members of the Senate must be persons who are not members of the staff or students of the University.

[Section 8 inserted by No. 8 of 2005 s. 52.]

9.Terms of members

(1)Subject to section 11, the term of office of a member of the Senate referred to in section 8(1)(a), (b), (c), (i) or (j) is 4 years from the date of the appointment or election of the member or the date the member is selected and coopted as a member.

(2)Subject to section 11, the terms of office of the members of the Senate referred to in section 8(1)(g) are —

(a)one year from the date of the election of the member, in the case of one of the members; and

(b)2 years from the date of the election of the member, in the case of the other member.

(3)Subject to section 11, the term of office of a member of the Senate referred to in section 8(1)(h) is one year from the date of the election of the member.

(4)A member of the Senate who has held office by election, appointment or selection and cooption for an initial term is eligible to hold office for a subsequent term or terms as long as any consecutive period of membership does not exceed 12 years.

(5)The Senate may increase the period mentioned in subsection (4) in the case of a particular member if the Senate is of the view that there are exceptional circumstances in that member’s case.

[Section 9 inserted by No. 8 of 2005 s. 52.]

10.Duties of members (Sch. 1 Div. 1)

Schedule 1 Division 1 has effect.

[Section 10 inserted by No. 8 of 2005 s. 52.]

[10A, 10B.Deleted by No. 8 of 2005 s. 52.]

[10C.Deleted by No. 113 of 1970 s. 9.]

11. People disqualified from being Chancellor, Pro-Chancellor or Senate member

No person who —

[(a), (b)deleted]

(c)is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

(ca)is removed from office by the Senate under section 11A; or

(cb)is, or becomes, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or

(d)has been convicted of an offence and sentenced to imprisonment, unless he has received a free pardon or has undergone the sentence passed upon him; or

(e)is an insane person or patient within the meaning of the laws in force for the time being relating to lunacy; or

(f)ceases to hold the qualification required to be held by him for appointment or election as a member of the Senate,

shall be capable of being or continuing as Chancellor, Pro‑Chancellor or a member of the Senate.

[Section 11 amended by No. 46 of 1969 s. 5; No. 113 of 1970 s. 10; No. 10 of 1998 s. 70; No. 75 of 2000 s. 9; No. 8 of 2005 s. 54; No. 18 of 2009 s. 86.]

11A.Removal of members for breach of certain duties and suspension pending removal

(1)The Senate may —

(a)remove from office a member of the Senate for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3;

(b)suspend from office a member of the Senate who is alleged to have breached a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 until the motion for removal is put to the vote.

(2)The removal or suspension from office may be effected only at a meeting of the Senate of which notice (including notice of the motion that the member concerned be removed or suspended from office for breach of duty) was duly given.

(3)Despite section 25, the removal or suspension from office may be effected only if the motion for removal or suspension is supported by a majority comprising enough of the members for the time being of the Senate for their number to be at least 2/3 of the total number of offices (whether vacant or not) of member of the Senate.

(4)The motion for removal or suspension must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.

(5)If the member to whom the motion for removal or suspension refers does not attend the meeting, a reasonable opportunity to reply to the motion is to be taken to have been given if notice of the meeting has been duly given.

(6)The Senate cannot remove or suspend from office a member of the Senate for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 except in accordance with this section.

(7)A person must not vote on any question relating to the person’s removal or suspension from office by the Senate for the breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3, or be present while the matter is being considered at a meeting.

(8)This section applies only in relation to a breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 that occurs after the Universities Legislation Amendment Act 2005 comes into operation.

(9)A person does not breach a duty mentioned in Schedule 1 clause 1(1)(a), (b) or (c) by doing or omitting to do anything in compliance with a direction given to the person in exercise of a power conferred by a written law.

(10)Subsection (9) does not extend to the manner in which a thing is done or omitted if it is done or omitted in a manner that is contrary to Schedule 1 clause 1(1)(a), (b) or (c) and the direction did not require that it be done in that manner.

(11)The suspension from office of a member of the Senate does not create a vacancy in that office.

[Section 11A inserted by No. 8 of 2005 s. 55.]

Division 2 — Chancellor and Pro-Chancellor

[Heading inserted by No. 19 of 2010 s. 48(3).]

12.Chancellor

(1)On —

(a)the expiration of the term of office of the Chancellor; or

(b)the position of the Chancellor becoming vacant,

the Senate shall elect a person to be the Chancellor of the University.

(2)A member of the Senate is not on that account incapable of being elected as Chancellor.

(3)Subject to section 11, the Chancellor holds office for an initial term of up to 4 years, and from a day, that is determined by the Senate.

(4)A person who has held office as Chancellor for an initial term is eligible to hold office for a subsequent term or terms as long as any consecutive period of membership does not exceed 12 years.

(5)If a member of the Senate, other than an ex officio member, is elected to be the Chancellor, the office of member of the Senate to which that person was elected, appointed or selected and coopted becomes vacant and the vacancy shall be filled under section 22.

(6)The election for the office of Chancellor shall be held and conducted in the manner prescribed by regulations.

[Section 12 inserted by No. 75 of 2000 s. 10; amended by No. 8 of 2005 s. 56.]

12A.Pro‑Chancellor

(1)On —

(a)the expiration of the term of office of the Pro‑Chancellor; or

(b)the position of the Pro‑Chancellor becoming vacant,

the Senate shall elect one of its members to be the Pro‑Chancellor of the University.

(2)Subject to section 11, the Pro‑Chancellor holds office for an initial term of up to 4 years, and from a day, that is determined by the Senate.

(3)A person who has held office as Pro‑Chancellor for an initial term is eligible to hold office for a subsequent term or terms as long as —

(a)any consecutive period of membership does not exceed 12 years; and

(b)the person continues to be a member of the Senate.

(4)The election for the office of Pro‑Chancellor shall be held and conducted in the manner prescribed by regulations.

[Section 12A inserted by No. 75 of 2000 s. 10; amended by No. 8 of 2005 s. 57.]

Division 3 — Powers of Senate

[Heading inserted by No. 19 of 2010 s. 48(3).]

13.Appointment of officers and management of affairs

Subject to this Act and the Statutes, the Senate may from time to time appoint deans, professors, lecturers, examiners, and other officers and servants of the University, and shall have the entire control and management of the affairs and concerns of the University, and may act in all matters concerning the University in such manner as appears to it best calculated to promote the interests of the University.

14.Control and management of property

(1)The Senate shall have the control and management of all real and personal property at any time vested in or acquired by the University; and may set out roads, streets, and open spaces, and erect and maintain buildings upon and otherwise improve any land or other property as in their absolute discretion they may think fit, and may apply any trust funds of the University to any such purposes.

(2)The Senate may, subject to the provisions of section 15A relating to trust moneys, invest any moneys belonging to or vested in the University as trust funds may be invested under Part III of the Trustees Act 1962.

[Section 14 amended by No. 75 of 2000 s. 11.]

14A.Sale of endowment land

(1)The University may, with the consent of the Governor, sell —

(a)any land granted or demised to or vested in the University under section 35;

(b)any land acquired from the proceeds of the sale of that land; or

(c)any land acquired under section 2 of the University Endowment Act Amendment Act 1927,

and transfer such land to a purchaser free and discharged from any trust.

(2)The proceeds of a sale of any land referred to in subsection (1) are to be invested as trust funds may be invested under Part III of the Trustees Act 1962.

[Section 14A inserted by No. 75 of 2000 s. 12.]

15.Leasing University lands

The Senate, in the name and on behalf of the University, may grant leases of any lands vested in the University for any term not exceeding 21 years, and, with the approval of the Governor, but not otherwise, may grant leases for any term not exceeding 99 years, and may, with the like approval, mortgage such lands.

[Section 15 amended by No. 23 of 1917 s. 2.]

15A.Trust moneys not immediately required may be used to erect buildings etc.

(1)The Senate may, as and by way of investment, use and apply any trust moneys of the University not immediately required for the purposes of the trusts declared in relation thereto in and for the erection and maintenance upon lands granted to or held by the University by way of permanent endowment or otherwise belonging to the University of buildings to be used for the purpose of deriving income therefrom, but subject to section 14, not for any other purpose.

(2)Where any trust moneys aforesaid are already invested in other forms of investments the Senate may sell and realize upon such other investments for the purpose of utilizing the proceeds of such sale and realization in the manner provided and authorised by subsection (1).

(3A)When the Senate uses and applies any trust moneys under and for the purposes mentioned in subsection (1), the amount of the trust moneys so used and applied shall be deemed to be a loan to the University from the trust estate or trust fund from which such amount is taken bearing interest and repayable by the Senate by equal half‑yearly instalments which shall include interest and be payable half‑yearly.

(3B)The rate of the said interest shall be such as the Governor shall approve.

(3C)The number of equal half‑yearly instalments by which the interest and the principal debt shall be repaid shall be such number as the Governor shall approve, but in any case shall not exceed 50.

(3D)As and by way of security for the repayment of the said loan with interest as aforesaid the Senate shall issue in favour of and deliver to the Treasurer debentures which shall mature at half‑yearly intervals, and each be for the amount of a half‑yearly instalment. The Senate shall redeem such debentures as and when they mature respectively at the office of the Treasurer.

(3E)As and when the Senate redeems any debenture, the Treasurer shall appropriate the amount paid to him by the Senate expressly for repayment thereof to the trust estate or trust fund from which the loan was made, and pay the same to the Senate subject to such appropriation.

(4)Where buildings have been erected and are being maintained under the authority of this section for the purpose of deriving income therefrom, and as income is derived therefrom, the Senate may use and apply such income either in or towards the redemption of the debentures issued by the Senate and held by the Treasurer as provided for in subsection (3D) or for the general purposes of the University as the Senate may from time to time think fit.

(5)Where trust moneys have been used and applied in the manner provided and authorised by subsection (1) and until the same have been fully restored in the manner provided and required by subsection (4) the amount of the trust moneys from time to time not so restored shall be a first charge upon the lands of the University upon which the buildings erected and maintained with such trust moneys are situated, and such charge shall run with such lands.

[Section 15A inserted by No. 43 of 1944 s. 5; amended by No. 19 of 2010 s. 51.]

15B.Raising loans

(1)The provisions of this section are in addition to, and do not derogate from, those of section 15A, or any of the provisions of the University Buildings Act 1930, the University Building Act 1938, or the University Buildings Act 1952.

(2)Where the University proposes to raise a loan for any purpose and desires the Treasurer of the State to guarantee repayment of the amount of the proposed loan and payment of interest thereon, the Senate shall cause particulars of the proposed loan to be submitted to the Treasurer for presentation to the Governor.

(3)If the Governor approves the particulars of the proposed loan and approves the guarantee by the Treasurer and causes the Senate to be advised of the approval, the Senate may proceed to negotiate the proposed loan, but shall not finalize the negotiations for, or execute any form of instrument of security required in respect of, the proposed loan, until the form has been submitted to and approved by the Treasurer.

(4)If the Governor approves the particulars of the proposed loan and the Treasurer approves the form of instrument, or if more than one, instruments, of security, the Treasurer on behalf of the State shall guarantee repayment of the amount of the loan and payment of interest thereon in accordance with the provisions of that instrument or those instruments of security, which the Treasurer is hereby authorised to execute on behalf of the State.

(5)The due payment of money payable by the Treasurer under a guarantee given by him under the authority of this section —

(a)is hereby guaranteed by the State; and

(b)shall be charged to the Consolidated Account.

[Section 15B inserted by No. 25 of 1957 s. 2; amended by No. 98 of 1985 s. 3; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 37 of 2006 s. 9; No. 77 of 2006 s. 4.]

16.Disposal of property acquired by gift etc.

The Senate, in the name and on behalf of the University, may dispose of any real or personal property acquired by gift, devise, or bequest as they may think fit, subject only to the express trusts of, any deed, will, or instrument under which such property is acquired.

16A.By‑laws regulating use etc. of University lands

(1)For the purposes of sections 16A to 16F, inclusive —

authorised person means the Vice‑Chancellor or any member of the staff of the University authorised in writing by the Vice‑Chancellor to exercise the powers conferred by by‑laws made under this section;

lands of the University means the lands referred to in subsection (4) and includes all buildings, structures and erections of whatsoever kind or nature, and whether permanent or temporary, standing or being on any such lands;

owner in relation to a vehicle means a person who is the owner of that vehicle for the purposes of the Road Traffic Act 1974.

(2)The Senate, in the name and on behalf of the University, may, from time to time, with the approval of the Governor, make, alter, and repeal by‑laws for the purpose of managing, preserving, and protecting the lands of the University, hereafter described, and for the purpose of regulating the terms and conditions on which such lands may be visited or used by any persons whomsoever, and the conduct of such persons when on or upon such lands, and in particular may by by‑laws —

(a)prohibit or regulate the admission to such lands of persons, vehicles, or animals;

(b)prescribe the times when and the purposes for which such lands may be used, and the times when and the purposes for which the same shall be open or closed, and prohibit the use thereof or access thereto at any other times, or for any other purpose;

(c)prescribe fees to be charged to the public for admission to such lands;

(d)provide for the issue to persons using such lands of tickets, and requiring the production of such tickets by such persons if and whenever required by any police constable or an authorised person;

(e)regulate the conduct of persons using or being in or upon such lands;

(f)prohibit any nuisance, or any offensive, indecent, or improper act, conduct, or behaviour on such lands;

(g)prohibit the use of abusive or insulting language on such lands;

(h)prohibit damage or injury to or interference with such lands, or any tree, shrub, hedge, plant, or flower thereon, or any fixed or movable article thereon;

(i)prohibit the writing or printing of any indecent words, or the writing, printing, or drawing, or affixing of any indecent or obscene picture or representation on such lands, or on any fence, wall, tree, shrub, or hedge thereon;

(j)authorise any police constable or authorised person to remove from such lands any person guilty of a breach of a by‑law and to prohibit the obstruction of any such police constable or authorised person;

(k)require any person using such lands to give his name and address, whenever required so to do by any police constable or authorised person;

(l)and generally provide for carrying out the purposes of this Act, or any Statute made by the governing authority of the said University.

(3A)No by‑law shall be contrary to the express provisions of this Act, or any amendment thereof, or of any Statute made by the governing body of the University.

(3)By‑laws may be made under this section —

(a)for regulating, controlling and managing the parking and standing of vehicles on lands of the University and in particular —

(i)providing for the erection of notices, of such form and construction as the Vice‑Chancellor considers necessary, within, on or adjacent to the boundaries of any area of the lands of the University indicating that the area is set aside for the purpose of parking or standing of vehicles, the persons or classes of persons who may park or stand vehicles in the area and the period or periods of time during which vehicles may be parked or may stand in the area; or

(ii)prohibiting any person or class of person from parking or standing any vehicle in any area of the lands of the University;

and

(b)exempting any person or vehicle or class of person or class of vehicle from complying with any by‑law made pursuant to this subsection prohibiting or restricting the parking or standing of vehicles generally or otherwise; and

(c)prescribing penalties for the contravention of any by‑law made pursuant to this subsection; and

(d)providing —

(i)that where an allegation is made of a breach of a by‑law and an element of the breach is the use, driving, parking, standing, or leaving of a vehicle and the identity of the driver or person in charge of the vehicle at the time of the breach cannot be immediately established a notice of the allegation may be addressed to the owner of the vehicle at his last known place of residence or business or may be served on the owner of the vehicle by leaving it in or upon, or attaching it to, the vehicle; and

(ii)that if —

(I)the prescribed penalty is not paid within the period specified in the notice; or

(II)the owner of the vehicle does not, within the period specified for the payment of the penalty —

(A)identify the person who was the driver or person in charge of the vehicle at the relevant time to an authorised person; or

(B)satisfy an authorised person that, at the relevant time the vehicle had been stolen or unlawfully taken or used,

the owner is deemed to be the driver or person in charge of the vehicle at the time of the alleged breach;

and

(e)prescribing the circumstances under which an authorised person may remove a vehicle or cause it to be removed from the lands of the University to any specified place, whether on those lands or not, prescribing his further powers in relation thereto, providing for the recovery of costs and expenses incurred by the University in moving and holding the vehicle, and authorising the University to hold the vehicle until all costs and expenses are paid; and

(f)prescribing the method of notifying a person alleged to have committed an offence against any by‑law made pursuant to this subsection of that alleged offence and how it shall be dealt with, and prohibiting the removal by any person other than the driver or owner of a vehicle in respect of which an offence against such a by‑law is alleged to have been committed of any notice relating to the offence affixed to the vehicle or left in or on the vehicle by an authorised person; and

(g)prescribing a modified penalty or modified penalties payable to the University by a person or one of a class of persons who does not contest an allegation that he committed any specified breach of the by‑laws and providing that the due payment of a modified penalty is a defence to a charge in respect of which that modified penalty was paid.

(4)For the purposes of the exercise of the powers conferred by this section, but subject to subsection (5), the lands of the University shall comprise the lands for the time being forming the University site at Crawley and such other lands vested in or under the management and control of the University for the purposes of this Act as are prescribed by by‑law, and until otherwise declared, from time to time, by order of the Governor duly published in the Gazette, the lands forming the University site at Crawley shall be those parts of Swan Location 2885, 2886, 3086, 3087, and 3088 which are comprised in Certificates of Title volume 652, folio 42; and volume 902, folio 65; and volume 902, folio 66; and volume 902, folio 67; and volume 808, folio 135.

(5)A by‑law made under this section shall apply to the whole of the lands of the University or to such part thereof as may be specified in any such by‑law.

(6)By‑laws made under this section —

(a)may be limited in their application to time, place or circumstance; and

(b)may provide that any act or thing shall be done subject to the approval or to the satisfaction of a specific person or class of person; and

(c)may confer a discretionary authority.

(7)In any proceedings for any contravention of a by‑law, including a proceeding for a disciplinary offence pursuant to subsection (9), in the absence of proof to the contrary the allegation in the charge that any place was on the lands of the University shall be sufficient evidence of that fact.

(8)No by‑law made under this section takes away, restricts or otherwise affects any liability, civil or criminal, arising under any provision of any Act other than this Act or at common law.

(9)An allegation of a breach of a by‑law by a person who is enrolled as a student of the University may be either —

(a)dealt with under the disciplinary Statutes, by‑laws, and regulations of the University; or

(b)dealt with as a simple offence by a court of summary jurisdiction,

but shall not be dealt with both as a disciplinary matter by the University and as a simple offence.

[Section 16A inserted by No. 17 of 1929 s. 2 (as amended by No. 113 of 1970 s. 14); amended by No. 62 of 1978 s. 2; No. 59 of 2004 s. 141; No. 84 of 2004 s. 80; No. 19 of 2010 s. 51.]

16B.Approval and publication of by‑laws

Every by‑law as aforesaid, and every alteration and repeal thereof, shall be submitted for the approval of the Governor; and, when so approved, be published in the Gazette, and thereupon take effect and have the force of law as from the date of such publication, or from a later date specified in such publication.

[Section 16B inserted by No. 17 of 1929 s. 3 (as amended by No. 113 of 1970 s. 14).]

16C.Penalty etc.

Any by‑law may impose a penalty not exceeding $100 for any breach or non‑observance thereof, and proceedings for the recovery of such penalty may be taken by any police constable or authorised person in his own name; but all pecuniary penalties shall be appropriated and paid to the Senate for the use of the University.

[Section 16C inserted by No. 17 of 1929 s. 4 (as amended by No. 113 of 1965 s. 8 and No. 113 of 1970 s. 14); amended by No. 62 of 1978 s. 3; No. 78 of 1995 s. 128.]

[16D.Deleted by No. 59 of 2004 s. 141.]

16E.Regulations

(1)The Senate, in the name and on behalf of the University, may, from time to time, make, alter, and repeal regulations for the purpose of carrying out this Act, or any amendment thereof, or any Statute made by the governing body of the University, or for the purpose of securing and enforcing the management, good government, and discipline of the University; and every such regulation shall be binding upon all deans, professors, lecturers, examiners, and all other officers and servants of the University, and also on all students attending the University.

(2)The provisions of section 36 of the Interpretation Act 1918 2, do not apply to a regulation made by the Senate under subsection (1), and shall be deemed never so to have applied, and any such regulation shall take effect from the date of its promulgation in the University or from such later date as may be therein specified.

[Section 16E inserted by No. 17 of 1929 s. 6 (as amended by No. 113 of 1970 s. 14); amended by No. 40 of 1975 s. 2.]

16EA.Relief of Senate members from liability

If, in any civil proceeding against a person who is or was a member of the Senate for negligence, default, breach of trust or breach of duty in the person’s capacity as a member of the Senate, it appears to the court that the person —

(a)is, or may be, liable in respect of the negligence, default or breach; and

(b)has acted honestly; and

(c)ought fairly to be excused for the negligence, default or breach having regard to all the circumstances of the case, including those connected with the person’s appointment,

the court may relieve the person either wholly or partly from liability on such terms as the court thinks fit.

[Section 16EA inserted by No. 8 of 2005 s. 58.]

16F.Certain certificates of Chancellor etc. to be prima facie evidence

A certificate signed by the Chancellor, Pro‑Chancellor, Vice‑Chancellor, or Registrar of the University (of whose signatures judicial notice shall be taken), that a person named therein is a dean, professor, lecturer, examiner, authorised person, or other officer or servant of the University, or is a student attending the University, shall be prima facie evidence of that fact.

[Section 16F inserted by No. 17 of 1929 s. 7 (as amended by No. 113 of 1970 s. 14); amended by No. 62 of 1978 s. 4.]

Division 4 — Convocation

[Heading inserted by No. 19 of 2010 s. 48(3).]

17.Members

(1)Convocation shall consist of —

(a)all members and past members of the Senate;

(b)all graduates of the University;

(c)such graduates, fellows, members, licentiates and associates of universities, colleges or institutions duly authorised to grant degrees, diplomas, licences or certificates as are admitted to be members of Convocation under a Statute;

(d)such persons, being representatives of commercial, industrial, scientific, professional or educational associations, institutions, societies or other bodies as the Senate may, from time to time, admit to be members of Convocation upon such conditions, including contributions to be made by the association, society or body and the term of each respective member, as the Senate may determine, but any such association, society or body shall have only one member representing it at one time;

(e)such persons who have rendered services or made gifts to the University as the Senate may, from time to time, admit to be members of Convocation;

(f)the duly appointed representative of the Guild of Undergraduates.

(2)The Senate shall cause to be kept a roll of the members of Convocation.

(3)Notwithstanding any other provision of this Act, all elections required by this Act to be made by Convocation may be made —

(a)by postal vote in the manner prescribed by statute; or

(b)in such other manner as is so prescribed,

and the members of Convocation eligible to vote at any such election are those who have maintained their names on a postal or other list in the manner so prescribed.

[Section 17 inserted by No. 113 of 1970 s. 11.]

18.Warden

(1)Convocation shall in each year elect one of its members to be its Warden.

(2)The election of the Warden shall be held and conducted at such time and at such place and in such manner as may be prescribed by Statute.

[Section 18 inserted by No. 113 of 1970 s. 12.]

Division 5 — Vacancies

[Heading inserted by No. 19 of 2010 s. 48(3).]

19.Resignation

(1)A member of the Senate may resign his office by writing under his hand addressed to the Chancellor.

(2)The Chancellor or Pro‑Chancellor may resign his office by writing under his hand, addressed to the Pro‑Chancellor or Chancellor, as the case may be.

(3)The Warden of Convocation may resign his office by writing under his hand, addressed to the Chancellor.

(4)Every such resignation shall be complete, and shall take effect from the time when it is received at the office of the University.

20.Senate office vacated on disqualification etc.

The office of member of the Senate shall be vacated —

(a)if he is or has become disqualified under the provisions of this Act; or

(b)if, without leave obtained from the Senate in that behalf, he has been absent from all meetings of the Senate held during a consecutive period of at least 6 months; or

(c)upon death or resignation.

21.Vacancy in office of Warden, how filled

(1)A vacancy which occurs in the office of Warden from any cause other than annual retirement shall be filled by election.

(2)If a vacancy which occurs in the office of Warden is not filled within 3 months after it occurred, then it shall be filled by the Governor by the appointment of a qualified person to the office.

(3)A person elected or appointed to fill a vacancy referred to in subsection (1) shall hold office for the unexpired part of the term of the office which became vacant.

[Section 21 inserted by No. 75 of 2000 s. 13; amended by No. 8 of 2005 s. 59.]

22.Vacancies in Senate, how filled

(1)Any vacancy which occurs in the Senate from any cause whatsoever except termination of office by effluxion of time, shall be filled, in the case of a member appointed by the Governor, by the appointment by the Governor of another member, or, in the case of an elective member, by the election of another member by the persons authorised by this Act to elect such elective member, or, in the case of a selected and coopted member, by the selection and cooption of another such member by the Senate.

(2)Upon the occurrence of a vacancy to which this section applies the person appointed or elected or selected and coopted as the case may be, to fill such vacancy shall be deemed to have been appointed or elected or selected and coopted at the same time as the person whom he succeeds in office.

(3)Where a vacancy has occurred as aforesaid in the office of an elective or a selected and coopted member, and a person to fill such vacancy is not elected or is not selected and coopted, as the case may be within 3 months after the occurrence of the vacancy then such vacancy shall be filled by the appointment by the Governor of a member who shall be deemed by virtue of such appointment to have been elected or selected and coopted as the case may be, at the same time as the person whom he succeeds in office.

[Section 22 inserted by No. 43 of 1944 s. 7 (as amended by No. 113 of 1970 s. 14).]

23.Reappointment

Subject to section 9(4), 12(4) or 12A(3), nothing herein contained shall prevent any person from being immediately, or at any time, reappointed or re‑elected to the office of Chancellor, Pro‑Chancellor, Warden, or member of the Senate, if he is capable for the time being, under the provisions of this Act, of holding such office.

[Section 23 amended by No. 75 of 2000 s. 14; No. 8 of 2005 s. 60.]

Division 6 — Proceedings

[Heading inserted by No. 19 of 2010 s. 48(3).]

24.Chairman

(1)At every meeting of the Senate the Chancellor, or in his absence, the Pro‑Chancellor, shall, except as hereinafter provided, preside as chairman.

(2)At every meeting of Convocation the Warden shall, except as hereinafter provided, preside as chairman.

(3)In the absence of the Chancellor and Pro‑Chancellor the members of the Senate present, and in the absence of the Warden the members of Convocation present, shall elect a chairman of the meeting.

24A.Disclosure of interests (Sch. 1 Div. 2)

Schedule 1 Division 2 has effect.

[Section 24A inserted by No. 8 of 2005 s. 61.]

25.Quorum

No business shall be transacted at any meeting of the Senate unless 8 members, or of Convocation unless 25 members, are present.

26.Proceedings not invalidated in certain circumstances

No proceedings of the Senate or Convocation, or of any committee thereof, or of any person acting as member or as Chancellor or Pro‑Chancellor or Warden, shall be invalidated by reason of any defect in the appointment or of any disqualification of any such person or by reason of there being any vacancy in the number of members of the Senate at the time of such proceedings.

Division 7 — Vice-Chancellor

[Heading inserted by No. 19 of 2010 s. 48(3).]

27.Vice‑Chancellor , appointment and functions of

(1)At the first meeting of the Senate held after the passing of this Act or as soon thereafter as may be possible the Senate shall proceed to appoint a Vice‑Chancellor, who shall, subject to the Statutes, hold office for a period not exceeding 10 years, but who shall be eligible for reappointment for such further period as the Senate may deem fit.

(2)The Vice‑Chancellor shall be the executive officer of the University, and shall possess such powers and perform such duties as may be prescribed by or under this Act.

(3)Subject to the Statutes, regulations and by‑laws of the University, the Vice‑Chancellor may, by writing under his hand, delegate any function or any power or duty conferred or imposed upon him (except this power of delegation) to any member of the staff of the University or person or persons or committee of persons.

[Section 27 amended by No. 43 of 1944 s. 8 (as amended by No. 113 of 1970 s. 14); No. 62 of 1978 s. 5.]

Part 5  Guild of Undergraduates

[Heading inserted by No. 19 of 2010 s. 48(3).]

28.Guild of Undergraduates

(1)There shall be a Guild of Undergraduates.

(2)Any student is eligible to be a member of the Guild.

(2a)The University shall not act in a way that may dissuade or discourage a student, or person seeking enrolment as a student, from being or becoming a member of the Guild.

[(2b)deleted]

(2c)No academic benefit, right or privilege shall be denied to or withheld from any student by reason of that student not being a member of the Guild.

(3)The Guild shall be an organized association of students for the furthering of their common interests, and shall be the recognised means of communication between students and the governing authority of the University in accordance with such Statutes as the governing authority may prescribe.

(4)The Guild of Undergraduates shall be a body corporate by that name with perpetual succession and a common seal; and shall by that name be capable in law of suing and being sued, and shall have such other powers and authorities and shall be subject to such obligations as shall have been or shall from time to time be prescribed by or under the Statutes for the time being in force.

(5)Subject to subsection (6), a student becomes a member of the Guild upon enrolment, for the period of enrolment.

(6)A student may —

(a)elect at the time of enrolment not to become a member of the Guild; and

(b)resign at any time as a member of the Guild.

(7)A student cannot hold an elective office of the Guild unless that student is a member of the Guild.

[Section 28 amended by No. 40 of 1947 s. 2; No. 61 of 1977 s. 4; No. 51 of 1983 s. 4 3; No. 91 of 1994 s. 17; No. 44 of 2002 s. 16.]

28A.Amenities and services fee

(1)An annual amenities and services fee shall be set at an amount approved by the Senate after receiving a report from, and a recommendation by, the Guild.

(2)The Senate may determine that a different level of the amenities and services fee is payable by a specified class of students.

(3)The amenities and services fee is payable to the Senate by each student, except a student exempted from doing so, or made ineligible to do so, by Statute.

(4)The Senate shall pay to the Guild a percentage of the amenities and services fees collected that is not less than the percentage of students that are members of the Guild.

(5)Despite subsection (4), and regardless of the number of students who are members of the Guild, the percentage of the amenities and services fees paid to the Guild must exceed 50% of those fees.

(6)The part of the amenities and services fees not paid to the Guild is to be spent on student amenities and services in a manner determined by the Senate after consultation with the Guild.

[Section 28A inserted by No. 44 of 2002 s. 17.]

28B.Senate to include detail in Statute

(1)The Senate shall specify, by Statute, the broad categories of amenities and services to which the Guild may apply the fees paid to it.

(2)The Senate shall prescribe, by Statute, the processes for determining the broad categories of amenities and services to which the Guild may apply the fees.

(3)The Senate shall prescribe, by Statute, the measures by which the Guild is to account for the fees received, and those measures shall include —

(a)a requirement that the annual financial statements of the Guild are to be audited by an independent external auditor whose appointment requires Senate approval; and

(b)a requirement for the Guild to provide a copy of each audited balance sheet, and an annual statement of the Guild’s income and expenditure, to the Senate.

[Section 28B inserted by No. 44 of 2002 s. 17.]

Part 6  Instruction, degrees, examination

[Heading inserted by No. 19 of 2010 s. 48(3).]

29.Instruction, degrees etc.

(1)Subject to this Act and the Statutes the Senate may cause instruction to be given to students, whether matriculated or not, and may grant degrees, diplomas, and certificates, in any branch of knowledge in which degrees, diplomas, and certificates are granted in the United Kingdom, and may also confer honorary degrees or other distinctions on approved persons.

(2)All degrees and other distinctions shall be conferred and held subject to any provisions which may be made in reference thereto by the Statutes.

[Section 29 amended by No. 19 of 2010 s. 51.]

30.Examinations

(1)Subject to this Act and the Statutes the Senate may cause public examinations to be held for testing the proficiency of such candidates as may present themselves for examination in any branch or branches of knowledge, and may grant certificates of proficiency to candidates who successfully pass such examinations.

(2)When any public authority is empowered by law to require any person to submit to an examination as to his proficiency in any branch or branches of knowledge, or to produce evidence of such proficiency as a condition of obtaining any appointment or any scholarship, or other reward of merit, or of being admitted to any profession, calling, or office, the Governor may require the Senate to undertake the examinations of persons desiring to submit themselves for examination in such branch or branches of knowledge, and the Senate shall cause such examinations to be held accordingly.

Part 7  Statutes

[Heading inserted by No. 19 of 2010 s. 48(3).]

31.Power to make Statutes

(1)The governing authority may from time to time make, alter, and repeal Statutes with respect to all or any of the following matters, that is to say —

(a)The management, good government, and discipline of the University; and

(b)The use and custody of the common seal; and

(c)The admission as members of Convocation of any fellows, members, licentiates, or associates of colleges or institutions duly authorised to grant degrees, diplomas, licenses, or certificates; and

(d)The election of the elective members of the Senate and of the Warden and any other officers of Convocation and of any committees thereof; and

(e)The manner and time of convening, holding and adjourning the meetings of the Senate and Convocation; the method of voting at such meetings; the powers and duties of the chairman thereof; the conduct and record of the business; the appointment of committees of the Senate and Convocation, and the quorum, powers, and duties of such committees; and

(f)The tenure of office, stipend, and powers and duties of the Vice‑Chancellor; and

(g)The number, stipend, manner of appointment and dismissal of deans, professors, lecturers, examiners, and other officers and servants of the University; and

(h)The matriculation of students; and

(i)The times, places, and manner of holding lectures, classes, and examinations, and the number and character of such lectures, classes, and examinations; and

(j)The promotion and extension of University teaching; and

(k)The granting of degrees, diplomas, certificates, and honours; and

(l)The conditions upon which degrees, diplomas, certificates, and honours may be granted to non‑resident students; and

(m)The granting of fellowships, scholarships, exhibitions, bursaries, and prizes; and

(n)The admission of students of other universities to any corresponding status or of graduates of other universities to any corresponding degree or diploma without examination; and

(o)The admission to any degree of any woman who has in any university passed such examinations as persons admitted to a corresponding degree in such university would be required to pass, if such university does not, or at the time of passing the examinations did not, grant degrees to women; and

(p)The fees, if any, to be paid for examinations, for the granting of degrees, diplomas, and certificates, and for attendance at the lectures and classes of the University; and

(q)The establishment, management, and control of libraries and museums in connection with the University; and

(r)The licensing and supervision of boarding‑houses intended for the reception of students, and the suspension or revocation of such licences; and

(s)The affiliation to or connection with the University of any college, whether incorporated or not, or any educational establishment wheresoever situated, to which the governing body of such college or educational establishment may consent, and the fees payable thereon; and

(t)Providing for a scheme of superannuation for the salaried teachers and officers upon retirement; and

(u)The control and investment of the property of the University; and

(v)Classes of membership and conditions or qualifications for membership of the Guild; and

(va)The powers, authorities and obligations of the Guild of Undergraduates, the use and custody of the common seal of the Guild and any other matters necessary or convenient for the effective functioning of that body; and

(w)Academical costume; and

(x)Generally all other matters not inconsistent with the provisions of this Act.

(2)The draft of every proposed Statute as passed by the Senate shall be submitted to Convocation for its consideration, and if Convocation does not within 3 months thereafter return the same or returns the same without any request for any amendment thereof such Statute shall be deemed to be approved by Convocation.

(3)Within the time aforesaid Convocation may consider any such proposed Statute and may —

(a)draft any amendments of the provisions thereof or any additional provisions for inclusion therein as it may think desirable, and may return the draft of the proposed Statute together with the draft of any amendments or additional provisions proposed by Convocation with a request that the Senate consider the same; or

(b)return the draft of the proposed Statute with a notification that Convocation approves of the same as submitted.

(4A)When Convocation returns to the Senate the draft of a proposed Statute with a notification that Convocation approves of the same as submitted, or with a request that the Senate consider the amendments or additional provisions proposed by Convocation and the Senate agrees to all such amendments or additional provisions the Senate may forthwith make the Statute.

(4B)When Convocation returns to the Senate the draft of a proposed Statute with a request that the Senate consider the amendments or additional provisions proposed by Convocation and the Senate after considering the same does not agree to such amendments or additional provisions or to some of them the Senate shall forthwith notify the Warden of Convocation of its decision and its reasons therefor, and shall ask for a conference between the Senate and Convocation to discuss the said amendments or additional provisions and if possible to come to an agreement in respect of same. Failing any such agreement the Senate may forthwith make the Statute as proposed by the Senate. In its next annual report required to be submitted under Part 5 of the Financial Management Act 2006, the accountable authority of the University shall include the nature of the amendments or additional provisions proposed by Convocation in relation to the said Statute and the reasons of the Senate for not agreeing thereto.

(5)Convocation shall have no power to originate any Statute.

[Section 31 amended by No. 43 of 1944 s. 9; No. 40 of 1947 s. 3; No. 113 of 1970 s. 13; No. 61 of 1977 s. 5; No. 51 of 1983 s. 5; No. 57 of 1997 s. 124; No. 77 of 2006 Sch. 1 cl. 172(1); No. 19 of 2010 s. 51.]

[32.Deleted by No. 43 of 1944 s. 10.]

33.Statutes to be approved by Governor and published

(1)Every Statute when made by the Senate shall be sealed with the common seal, and shall be transmitted by the Chancellor for the approval of the Governor, and upon being so approved shall be published in the Government Gazette, and shall thereupon have the force of law.

(2)Copies of every such Statute shall be laid before Parliament forthwith, if then sitting, and if not then sitting, within 14 days after the commencement of the next ensuing session.

If either House of Parliament within the next subsequent 30 days resolves that any such Statute ought to be annulled in whole or in part, such Statute or part thereof shall, after the date of such resolution, be of no effect, without prejudice to the validity of anything done in the meantime under the provisions of such Statute.

(3)The production of a copy of a Statute under the common seal, or of the Government Gazette, containing a copy of the same, shall, in all proceedings, be sufficient evidence of the Statute.

[Section 33 amended by No. 43 of 1944 s. 11.]

[Heading deleted by No. 19 of 2010 s. 48(2).]

34.Affiliated institutions

(1)It shall be lawful for the governing authority of the University to make Statutes upon such terms, conditions, and payment of fees as the said governing authority may deem fit for the affiliation to or connection with the said University of any college or educational establishment to which the governing body of such college or educational establishment may consent, and for the licensing and supervision of boarding‑houses intended for the reception of students and the revocation of such licences.

(2)No Statutes shall affect the religious observances or regulations enforced in such colleges or educational establishments or boarding‑houses.

[Section 34 amended by No. 19 of 2010 s. 51.]

Part 8  Endowment and revenue

[Heading inserted by No. 19 of 2010 s. 48(3).]

35.Endowment of Crown lands etc.

(1)By way of permanent endowment, the Governor may grant or demise to the University such lands of the Crown as he may think fit.

(2)All real and personal property whatsoever vested in “The Trustees of the University Endowment” shall, on the appointment of the Senate, by force of this Act, and without any conveyance, transfer, or assignment, vest in and become the property of the University.

36.Exemption of property from taxation

No tax or rate shall be charged or levied upon any property vested in the University; but the benefit of such exemption shall not extend to any other person who may become the owner of any estate or interest in such property, whether as purchaser, lessee, or otherwise; and notwithstanding such exemption, such property shall be rateable while the same is leased or occupied for any private purpose.

37.Parliament may make appropriation to University

There shall be paid to the Senate for the purpose of defraying the charges and expenses connected with the establishment, management and control of the University such amounts as may be appropriated by Parliament from time to time for the purposes aforesaid.

[Section 37 inserted by No. 43 of 1944 s. 12; amended by No. 3 of 1955 s. 2; No. 113 of 1965 s. 8; No. 58 of 1973 s. 3; No. 19 of 2010 s. 51.]

38.Application of fees etc.

All fees and all other moneys received by the Senate under the provisions of this Act or otherwise shall be applied by the Senate solely for the purposes of the University.

Part 9  General provisions

[Heading inserted by No. 19 of 2010 s. 48(3).]

39.No religious test

No religious test shall be administered to any person in order to entitle him to be admitted as a student of the University, or to hold office therein, or to graduate thereat, or to enjoy any benefit, advantage, or privilege thereof.

40.Privileges of Act to extend to women

The provisions of this Act, and all the benefits, advantages, and privileges of the University, shall extend to women equally with men but the University is not prohibited by this section from acquiring any property by way of gift, devise or bequest and carrying out the objects or trusts thereof, by reason only of the fact that the gift, devise or bequest confers or is intended to confer benefits, advantages or privileges on women only or on men only.

[Section 40 amended by No. 4 of 1964 s. 2.]

41.Application of Financial Management Act 2006 and Auditor General Act 2006

(1)Subject to subsection (3), the provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the University and its operations.

(2)Notwithstanding the provisions of the Financial Management Act 2006, the financial year of the University shall end on 31 December.

(3)Notwithstanding the provisions of the Financial Management Act 2006 —

(a)sections 13, 14 and 40 do not have effect in relation to the University; and

(b)section 78(1) of that Act has effect in relation to the University as if it had been enacted in the following form —

(1)The Treasurer may issue, amend or revoke instructions concerning —

(a)the annual report required to be prepared under Part 5; and

(b)the establishment and keeping of the accounts of statutory authorities, including the accounts of subsidiary bodies and related bodies; and

(c)the form and content of financial statements and reports on the operations of statutory authorities and their subsidiary bodies and related bodies, including information to be disclosed in respect of affiliated bodies; and

(d)the preparation of key performance indicators of statutory authorities and their subsidiary bodies and related bodies.

”.

[Section 41 inserted by No. 98 of 1985 s. 3; amended by No. 92 of 1990 s. 39(4); No. 77 of 2006 Sch. 1 cl. 172(2)-(4).]

42.Discharge of Trustees of University Endowment

On the appointment of the Senate the corporation of the “Trustees of the University Endowment” shall be dissolved, and the trustees incorporated under that name discharged from the trusts imposed upon them by the University Endowment Act 1904 4, except as regards any obligation to account or report in respect of the past administration of such trusts.

 

Schedule 1 — Senate members

[s. 10, 11A, 24A]

[Heading inserted by No. 8 of 2005 s. 62.]

Division 1 — Duties

[Heading inserted by No. 8 of 2005 s. 62.]

1.Duties

(1)Each member of the Senate —

(a)must at all times act honestly in the performance of the functions of a member of the Senate, whether within or outside the State;

(b)must at all times exercise the degree of care and diligence in the performance of the functions of a member of the Senate, whether within or outside the State, that a reasonable person in that position would reasonably be expected to exercise in the Senate’s circumstances;

(c)must at all times act in the best interests of the University and give precedence to the interests of the University over the interests of any person appointing or electing a member of the Senate;

(d)must not, whether within or outside the State, make improper use of information acquired by virtue of the position of member of the Senate to gain, directly or indirectly, an advantage for any person or to cause detriment to the University;

(e)must not, whether within or outside the State, make improper use of the position of member of the Senate to gain, directly or indirectly, an advantage for any person or to cause detriment to the University.

(2)Nothing in subclause (1) or section 11A or 24A affects —

(a)any other duty a member of the Senate may have under any other law; or

(b)the operation of any other law in relation to such a duty.

[Clause 1 inserted by No. 8 of 2005 s. 62.]

Division 2 — Disclosure of interests

2.Disclosure of interests

(1)A member of the Senate who has a material personal interest in a matter being considered or about to be considered by the Senate must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest at a meeting of the Senate.

(2)A disclosure under subclause (1) is to be recorded in the minutes of the meeting.

[Clause 2 inserted by No. 8 of 2005 s. 62.]

3.Voting by interested members

A member of the Senate who has a material personal interest in a matter that is being considered by the Senate —

(a)must not vote whether at a meeting or otherwise —

(i)on the matter; or

(ii)on a proposed resolution under clause 4 in respect of the matter, whether relating to that member or a different member;

and

(b)must not be present while —

(i)the matter; or

(ii)a proposed resolution of the kind referred to in paragraph (a)(ii),

is being considered at a meeting.

[Clause 3 inserted by No. 8 of 2005 s. 62.]

4.Clause 3 may be declared inapplicable

Clause 3 does not apply if the Senate has at any time passed a resolution that —

(a)specifies the member, the interest and the matter; and

(b)states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.

[Clause 4 inserted by No. 8 of 2005 s. 62.]

5.Quorum where cl. 3 applies

Despite section 25, if a member is disqualified under clause 3 in relation to a matter, a quorum is present during the consideration of the matter if at least 7 members of the Senate are present who are entitled to vote on any motion that may be moved at the meeting in relation to the matter.

[Clause 5 inserted by No. 8 of 2005 s. 62.]

6.Minister may declare cl. 3 and 5 inapplicable

(1)The Minister may, on the application of a member of the Senate, by writing declare that clause 3 or 5 or both of them do not apply in relation to a specified matter either generally or in voting on particular resolutions.

(2)The Minister must cause a copy of a declaration made under subclause (1) to be laid before each House of Parliament within 14 sitting days of that House after the declaration is made.

[Clause 6 inserted by No. 8 of 2005 s. 62.]

dline

 

Notes

1This reprint is a compilation as at 10 December 2010 of the University of Western Australia Act 1911 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

University of Western Australia Act 1911

37 of 1911 (1 Geo. V No. 48)

16 Feb 1911

16 Feb 1911

University Act Amendment Act 1917

23 of 1917 (8 Geo. V No. 4)

7 Aug 1917

7 Aug 1917

University of Western Australia Act Amendment Act 1929

17 of 1929 (20 Geo. V No. 15) (as amended by No. 113 of 1970 s. 14)

22 Nov 1929

22 Nov 1929

University of Western Australia Act Amendment Act 1944

43 of 1944 (8 and 9 Geo. VI No. 43) (as amended by No. 113 of 1970 s. 14)

12 Jan 1945

Act other than s. 4(1), 7(1) and 8(1): 12 Jan 1945;
s. 4(1), 7(1) and 8(1): 14 Mar 1945 (see s. 4(2)(i), 7(2) and 8(2) and
Gazette 9 Feb 1945 p. 169)

University of Western Australia Act Amendment Act 1947

40 of 1947 (11 and 12 Geo. VI No. 40)

11 Dec 1947

11 Dec 1947

University of Western Australia Act Amendment Act 1955

3 of 1955 (4 Eliz. II No. 3)

13 Oct 1955

13 Oct 1955

University of Western Australia Act Amendment Act 1957

25 of 1957 (6 Eliz. II No. 25)

26 Oct 1957

26 Oct 1957

University of Western Australia Act Amendment Act 1964

4 of 1964 (13 Eliz. II No. 4)

2 Oct 1964

2 Oct 1964

Decimal Currency Act 1965

113 of 1965

21 Dec 1965

Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1));
s. 4
‑9: 14 Feb 1966 (see s. 2(2))

University of Western Australia Act Amendment Act 1969

46 of 1969

21 May 1969

27 Jun 1969 (see s. 2 and Gazette 27 Jun 1969 p. 1876)

University of Western Australia Act Amendment Act 1970

113 of 1970

10 Dec 1970

1 Jan 1971 (see s. 2 and Gazette 15 Jan 1971 p. 98)

Reprint of the University of Western Australia Act 1911 approved 21 Jun 1971 (includes amendments listed above)

University of Western Australia Act Amendment Act 1973

58 of 1973

19 Nov 1973

1 Jan 1974 (see s. 2)

University of Western Australia Act Amendment Act 1975

40 of 1975

11 Sep 1975

11 Sep 1975

University of Western Australia Act Amendment Act 1976

37 of 1976

9 Jun 1976

9 Jun 1976

Acts Amendment (Student Guilds and Associations) Act 1977 Pt. I

61 of 1977

23 Nov 1977

1 Jan 1978 (see s. 2)

University of Western Australia Act Amendment Act 1978

62 of 1978

21 Sep 1978

21 Sep 1978

Acts Amendment (Student Guilds and Associations) Act 1983 Pt. II 3

51 of 1983

5 Dec 1983

5 Dec 1983

Acts Amendment (Financial Administration and Audit) Act 1985 s. 3

98 of 1985

4 Dec 1985

1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)

Acts Amendment (Education) Act 1988 Pt. 13

7 of 1988

30 Jun 1988

8 Jul 1988 (see s. 2 and Gazette 8 Jul 1988 p. 2371)

Financial Administration and Audit Amendment Act 1990 s. 39(4)

92 of 1990

20 Dec 1990

8 Mar 1991 (see s. 2 and Gazette 8 Mar 1991 p. 1029)

Reprint of the University of Western Australia Act 1911 as at 31 Mar 1993 (includes amendments listed above) (correction in Gazette 4 May 1993 p. 2297)

Financial Administration Legislation Amendment Act 1993 s. 11

6 of 1993

27 Aug 1993

1 Jul 1993 (see s. 2(1))

Voluntary Membership of Student Guilds and Associations Act 1994 Pt. 7 5

91 of 1994

5 Jan 1995

5 Jan 1995 (see s. 2)

Sentencing (Consequential Provisions) Act 1995 Pt. 78

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Education Amendment Act 1996 s. 16(12)

22 of 1996

11 Jul 1996

11 Jul 1996 (see s. 2(1))

Financial Legislation Amendment Act 1996 s. 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act 1997 s. 124

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 70

10 of 1998

30 Apr 1998

30 Apr 1998 (see s. 2(1))

School Education Act 1999 s. 247

36 of 1999

2 Nov 1999

1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)

Reprint of the University of Western Australia Act 1911 as at 11 Feb 2000 (includes amendments listed above except those in the School Education Act 1999)

Universities Legislation Amendment Act 2000 Pt. 3 6

75 of 2000

7 Dec 2000

13 Jan 2001 (see s. 2 and Gazette 12 Jan 2001 p. 245)

Acts Amendment (Student Guilds and Associations) Act 2002 Pt. 6

44 of 2002

3 Jan 2003

25 Jan 2003 (see s. 2 and Gazette 24 Jan 2003 p. 141)

Courts Legislation Amendment and Repeal Act 2004 s. 141

59 of 2004

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Universities Legislation Amendment Act 2005 Pt. 6 7

8 of 2005

7 Jul 2005

13 Aug 2005 (see s. 2 and Gazette 12 Aug 2005 p. 3651)

Reprint 4: The University of Western Australia Act 1911 as at 18 Nov 2005 (includes amendments listed above)

Statute Law Revision Act 2006 s. 9

37 of 2006

4 Jul 2006

4 Jul 2006 (see s. 2)

Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 172

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Acts Amendment (Bankruptcy) Act 2009 s. 86

18 of 2009

16 Sep 2009

17 Sep 2009 (see s. 2(b))

Standardisation of Formatting Act 2010 s. 48 and 51

19 of 2010

28 Jun 2010

11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)

Reprint 5: The University of Western Australia Act 1911 as at 10 Dec 2010 (includes amendments listed above)

2Repealed by Interpretation Act 1984 s. 77(1).

3The Acts Amendment (Student Guilds and Associations) Act 1983 s. 7 reads as follows:

 

7.Transitional — ineligibility for membership of the Guild

(1)Notwithstanding section 28(2) of the principal Act as substituted by section 4(a) of this Act, the following persons and classes of persons shall not be eligible for any form of membership of the Guild, that is to say —

(a)students who are members of the full‑time academic staff of the University;

(b)persons who are not students; and

(c)such persons and classes of persons as the Senate declares by resolution made after report and recommendation by the Guild to be ineligible for membership of the Guild.

(2)The Governor may by proclamation provide that this section shall cease to be in operation on a day fixed by the proclamation.

 

4Repealed by the Universities Legislation Amendment Act 2000.

5The Voluntary Membership of Student Guilds and Associations Act 1994 s. 2 is a transitional provision that is of no further effect.

6The Universities Legislation Amendment Act 2000 s. 15 is a transitional provision that is of no further effect.

7The Universities Legislation Amendment Act 2005 s. 53 reads as follows:

 

53.Transitional provisions

(1)In this section —

commencement day means the day on which the Universities Legislation Amendment Act 2005 comes into operation;

new section 8(1) means the University of Western Australia Act 1911 section 8(1) as that provision is in effect on commencement day;

repealed section 10 means the University of Western Australia Act 1911 section 10 as that provision was in effect immediately before commencement day;

Senate means the University of Western Australia Senate.

(2)The persons who, immediately before commencement day, were members of the Senate under repealed section 10(a) continue in office as members of the Senate under new section 8(1)(a) on and from commencement day.

(3)The persons who, immediately before commencement day, were members of the Senate under repealed section 10(b) or (e) continue in office as members of the Senate under new section 8(1)(b) on and from commencement day.

(4)The persons who, immediately before commencement day, were members of the Senate under repealed section 10(c) continue in office as members of the Senate under new section 8(1)(c) on and from commencement day.

(5)The persons who, immediately before commencement day, were members of the Senate under repealed section 10(d), (f), (g), (j) and (l) respectively continue in office as members of the Senate under new section 8(1)(d), (e), (f), (h) and (j) respectively on and from commencement day.

(6)The persons who, immediately before commencement day, were members of the Senate under repealed section 10(h) and (i) respectively continue in office as members of the Senate under new section 8(1)(g) on and from commencement day.

(7)The persons who, immediately before commencement day, were members of the Senate under repealed section 10(k) continue in office as members of the Senate under new section 8(1)(i) on and from commencement day.

(8)A person who, under this section, continues in office as a member of the Senate on and from commencement day, continues in office for the balance of the term of office that applied to the person immediately before commencement day.

 

 

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

authorised person16A(1)

Convocation2

Guild2

lands of the University16A(1)

owner16A(1)

Senate2

Statutes2

student2

University2