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University Acts (Amendment) Act 2003

Legislation · Victoria · 2020
i University Acts (Amendment) Act 2003 Act No. 26/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 1 PART 2—DEAKIN UNIVERSITY 3 3. Further objects 3 4. Payment of certain Council members 3 5. New sections 19 and 19A inserted 4 19. Council member's responsibilities 4 19A. Pecuniary interests of Council members 5 6. Administration fee for trust funds 5 7. New section 35 inserted 6 35. Audit of corporations 6 8. Visitor has ceremonial functions only 8 9. New section 40 inserted 9 40. Existing proceedings 9 PART 3—LA TROBE UNIVERSITY 10 10. Further objects 10 11. Payment of certain Council members 10 12. New sections 19 and 19A inserted 11 19. Council member's responsibilities 11 19A. Pecuniary interests of Council members 12 13. Administration fee for trust funds 13 14. New section 37C inserted 13 37C. Audit of corporations 13 15. Visitor has ceremonial functions only 15 16. New section 44 inserted 16 44. Existing proceedings 16 -- 1 of 64 -- Section Page ii PART 4—MELBOURNE UNIVERSITY 17 17. New section 4A inserted 17 4A. Objects of the University 17 18. Payment of certain council members 18 19. New sections 13 and 13A inserted 19 13. Council member's responsibilities 19 13A. Pecuniary interests of council members 19 20. Administration fee for trust funds 20 21. New section 40C inserted 21 40C. Audit of companies 21 22. Visitor has ceremonial functions only 23 23. New section 49 inserted 23 49. Existing proceedings 23 PART 5—MONASH UNIVERSITY 25 24. Further objects 25 25. Payment of certain Council members 25 26. New sections 19 and 19A inserted 26 19. Council member's responsibilities 26 19A. Pecuniary interests of Council members 27 27. Administration fee for trust funds 28 28. New section 35C inserted 28 35C. Audit of corporations 28 29. Visitor has ceremonial functions only 30 30. New section 44 inserted 31 44. Existing proceedings 31 PART 6—ROYAL MELBOURNE INSTITUTE OF TECHNOLOGY 32 31. Further object 32 32. Payment of certain Council members 32 33. New section 16A inserted 33 16A. Council member's responsibilities 33 34. Administration fee for trust funds 34 35. New section 40 inserted 34 40. Audit of corporations 34 36. Visitor has ceremonial functions only 37 37. New section 65 inserted 37 65. Existing proceedings 37 -- 2 of 64 -- Section Page iii PART 7—SWINBURNE UNIVERSITY OF TECHNOLOGY 38 38. Further object 38 39. Payment of certain Council members 38 40. New section 16A inserted 39 16A. Council member's responsibilities 39 41. Administration fee for trust funds 40 42. New section 45 inserted 40 45. Audit of corporations 40 43. Visitor has ceremonial functions only 43 44. New section 69 inserted 43 69. Existing proceedings 43 PART 8—UNIVERSITY OF BALLARAT 44 45. Further objects 44 46. Payment of certain Council members 44 47. New section 16A inserted 45 16A. Council member's responsibilities 45 48. Administration fee for trust funds 46 49. New section 38 inserted 46 38. Audit of corporations 46 50. Visitor has ceremonial functions only 49 51. New section 72 inserted 49 72. Existing proceedings 49 PART 9—VICTORIA UNIVERSITY OF TECHNOLOGY 50 52. Further object 50 53. Payment of certain Council members 50 54. New section 16A inserted 51 16A. Council member's responsibilities 51 55. Administration fee for trust funds 52 56. New section 43 inserted 52 43. Audit of corporations 52 57. Visitor has ceremonial functions only 55 58. New section 70 inserted 55 70. Existing proceedings 55 PART 10—VICTORIAN COLLEGE OF THE ARTS 56 59. Further object 56 60. Payment of certain Council members 56 61. New section 17A inserted 57 17A. Council member's responsibilities 57 62. Administration fee for trust funds 58 -- 3 of 64 -- Section Page iv PART 11—CONSEQUENTIAL AMENDMENT 59 63. Consequential amendment of Administrative Law Act 1978 59 ═══════════════ ENDNOTES 60 -- 4 of 64 -- 1 University Acts (Amendment) Act 2003 † [Assented to 13 May 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to amend the Acts establishing public universities in Victoria and the Victorian College of the Arts. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. Victoria No. 26 of 2003 -- 5 of 64 -- Part 1—Preliminary University Acts (Amendment) Act 2003 Act No. 26/2003 2 (2) If a provision of this Act does not come into operation before 1 December 2004, it comes into operation on that day. __________________ s. 2 -- 6 of 64 -- Part 2—Deakin University University Acts (Amendment) Act 2003 Act No. 26/2003 3 PART 2—DEAKIN UNIVERSITY 3. Further objects In section 5 of the Deakin University Act 1974— (a) in paragraph (e) after "knowledge and" insert "the pursuit of the benefits of"; (b) after paragraph (e) insert— "(ea) to promote critical enquiry within the university and in the general community;". 4. Payment of certain Council members (1) Insert the following heading to section 8 of the Deakin University Act 1974— "Terms and conditions of office of Council members". (2) At the end of section 8 of the Deakin University Act 1974 insert— "(2) An elected or appointed member of the Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member. (3) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council— (a) a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; s. 3 See: Act No. 8610/1974. Reprint No. 3 as at 11 October 2001. LawToday: www.dms. dpc.vic. gov.au -- 7 of 64 -- Part 2—Deakin University University Acts (Amendment) Act 2003 Act No. 26/2003 4 (b) the Chief Justice and other Justices of the High Court of Australia. (4) A member of the Council is not to be taken to hold an office of profit under the Crown that would— (a) prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or (b) make void the member's election to the Legislative Council or the Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member to any liability or penalty under the Constitution Act 1975.". 5. New sections 19 and 19A inserted For section 19 of the Deakin University Act 1974 substitute— "19. Council member's responsibilities (1) A member of the Council is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who elected or appointed the member. (2) A member of the Council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person. s. 5 -- 8 of 64 -- Part 2—Deakin University University Acts (Amendment) Act 2003 Act No. 26/2003 5 19A. Pecuniary interests of Council members (1) A member of the Council who has a pecuniary interest in a matter being considered or about to be considered by the Council must, as soon as practicable, after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the Council or in writing addressed to the Chancellor. (2) If the Chancellor receives a written declaration under sub-section (1), the Chancellor must report it or cause it to be reported, at the next meeting of the Council. (3) The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the minutes of the meeting. (4) After a declaration is made under sub-section (1) by a member of the Council— (a) unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and (b) the member is not entitled to vote on the matter; and (c) if the member does vote on the matter, the vote must be disallowed.". 6. Administration fee for trust funds After section 34(5) of the Deakin University Act 1974 insert— "(6) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that s. 6 -- 9 of 64 -- Part 2—Deakin University University Acts (Amendment) Act 2003 Act No. 26/2003 6 trust fund as commission for the administration of that trust fund. (7) The commission deducted in accordance with sub-section (6) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund. (8) The University must not make any other charges on the trust fund in addition to the commission received under sub-section (7), except in accordance with the trust deed.". 7. New section 35 inserted After section 34B of the Deakin University Act 1974 insert— '35. Audit of corporations (1) If the University— (a) forms, participates in the formation of, or is a member of, a corporation under section 34A(13A) that is not incorporated or taken to be incorporated under the Corporations Act; and (b) has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%— the accounts of the corporation shall be audited annually by the Auditor-General. s. 7 -- 10 of 64 -- Part 2—Deakin University University Acts (Amendment) Act 2003 Act No. 26/2003 7 (2) The following provisions apply to the annual audit under sub-section (1)— (a) the Auditor-General and any person assisting the Auditor-General has with respect to the accounts of the corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts; (b) the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor- General; (c) the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year; (d) the Auditor-General must forward to the Treasurer a copy of the audited annual accounts. (3) Without limiting the generality of sub- section (2)(a), the Auditor-General and any person assisting the Auditor-General— (a) has right of access at all times to the books, securities, accounts and vouchers of the corporation; and (b) may require from an officer or employee of the corporation or the University any information, assistance and explanations necessary for the performance of the duties of the s. 7 -- 11 of 64 -- Part 2—Deakin University University Acts (Amendment) Act 2003 Act No. 26/2003 8 Auditor-General or person in relation to the audit. (4) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section. (5) This section does not apply to a corporation of which the University has ceased to be a member before the last preceding annual audit. (6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under this section if— (a) under the law applying to that corporation in that place, the Auditor- General cannot be appointed as auditor of the corporation; or (b) in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.'. 8. Visitor has ceremonial functions only After section 38(1) of the Deakin University Act 1974 insert— "(1A) The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).". s. 8 -- 12 of 64 -- Part 2—Deakin University University Acts (Amendment) Act 2003 Act No. 26/2003 9 9. New section 40 inserted After section 39 of the Deakin University Act 1974 insert— "40. Existing proceedings (1) Section 38(1A) applies with respect to disputes and other matters arising before the commencement of section 8 of the University Acts (Amendment) Act 2003. (2) If an inquiry by or authorised by the Visitor into a dispute or other matter has been commenced or been completed before the commencement of section 8 of the University Acts (Amendment) Act 2003, the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.". __________________ s. 9 -- 13 of 64 -- Part 3—La Trobe University University Acts (Amendment) Act 2003 Act No. 26/2003 10 PART 3—LA TROBE UNIVERSITY 10. Further objects After section 5(a)(ii) of the La Trobe University Act 1964 insert— "and (iii) to promote critical enquiry within the university and in the general community; and (iv) to aid by research and other means the advancement of knowledge and the pursuit of the benefits of its practical application;". 11. Payment of certain Council members (1) Insert the following heading to section 8 of the La Trobe University Act 1964— "Terms and conditions of office of Council members". (2) At the end of section 8 of the La Trobe University Act 1964 insert— "(2) An elected or appointed member of the Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member. s. 10 See: Act No. 7189/1964. Reprint No. 4 as at 10 September 1998 and amending Act Nos 53/1999, 11/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov.au -- 14 of 64 -- Part 3—La Trobe University University Acts (Amendment) Act 2003 Act No. 26/2003 11 (3) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council— (a) a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; (b) the Chief Justice and other Justices of the High Court of Australia. (4) A member of the Council is not to be taken to hold an office of profit under the Crown that would— (a) prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or (b) make void the member's election to the Legislative Council or the Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member to any liability or penalty under the Constitution Act 1975.". 12. New sections 19 and 19A inserted For section 19 of the La Trobe University Act 1964 substitute— "19. Council member's responsibilities (1) A member of the Council is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who elected or appointed the member. s. 12 -- 15 of 64 -- Part 3—La Trobe University University Acts (Amendment) Act 2003 Act No. 26/2003 12 (2) A member of the Council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person. 19A. Pecuniary interests of Council members (1) A member of the Council who has a pecuniary interest in a matter being considered or about to be considered by the Council must, as soon as practicable, after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the Council or in writing addressed to the Chancellor. (2) If the Chancellor receives a written declaration under sub-section (1), the Chancellor must report it or cause it to be reported, at the next meeting of the Council. (3) The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the minutes of the meeting. (4) After a declaration is made under sub-section (1) by a member of the Council— (a) unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and (b) the member is not entitled to vote on the matter; and (c) if the member does vote on the matter, the vote must be disallowed.". s. 12 -- 16 of 64 -- Part 3—La Trobe University University Acts (Amendment) Act 2003 Act No. 26/2003 13 13. Administration fee for trust funds After section 37(5) of the La Trobe University Act 1964 insert— "(6) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund. (7) The commission deducted in accordance with sub-section (6) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund. (8) The University must not make any other charges on the trust fund in addition to the commission received under sub-section (7), except in accordance with the trust deed.". 14. New section 37C inserted After section 37B of the La Trobe University Act 1964 insert— '37C. Audit of corporations (1) If the University— (a) forms, participates in the formation of, or is a member of, a corporation under section 37A(11A) that is not incorporated or taken to be incorporated under the Corporations Act; and (b) has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of s. 13 -- 17 of 64 -- Part 3—La Trobe University University Acts (Amendment) Act 2003 Act No. 26/2003 14 "substantial holding" in that section is to be read as 50%— the accounts of the corporation shall be audited annually by the Auditor-General. (2) The following provisions apply to the annual audit under sub-section (1)— (a) the Auditor-General and any person assisting the Auditor-General has with respect to the accounts of the corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts; (b) the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor- General; (c) the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year; (d) the Auditor-General must forward to the Treasurer a copy of the audited annual accounts. (3) Without limiting the generality of sub- section (2)(a), the Auditor-General and any person assisting the Auditor-General— (a) has right of access at all times to the books, securities, accounts and vouchers of the corporation; and s. 14 -- 18 of 64 -- Part 3—La Trobe University University Acts (Amendment) Act 2003 Act No. 26/2003 15 (b) may require from an officer or employee of the corporation or the University any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit. (4) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section. (5) This section does not apply to a corporation of which the University has ceased to be a member before the last preceding annual audit. (6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under this section if— (a) under the law applying to that corporation in that place, the Auditor- General cannot be appointed as auditor of the corporation; or (b) in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.'. 15. Visitor has ceremonial functions only After section 42(1) of the La Trobe University Act 1964 insert— "(1A) The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).". s. 15 -- 19 of 64 -- Part 3—La Trobe University University Acts (Amendment) Act 2003 Act No. 26/2003 16 16. New section 44 inserted After section 43 of the La Trobe University Act 1964 insert— "44. Existing proceedings (1) Section 42(1A) applies with respect to disputes and other matters arising before the commencement of section 15 of the University Acts (Amendment) Act 2003. (2) If an inquiry by or authorised by the Visitor into a dispute or other matter has been commenced or been completed before the commencement of section 15 of the University Acts (Amendment) Act 2003, the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.". __________________ s. 16 -- 20 of 64 -- Part 4—Melbourne University University Acts (Amendment) Act 2003 Act No. 26/2003 17 PART 4—MELBOURNE UNIVERSITY 17. New section 4A inserted After section 4 of the Melbourne University Act 1958 insert— "4A. Objects of the University The objects of the University include— (a) to provide and maintain a teaching and learning environment of excellent quality offering higher education at an international standard; (b) to undertake scholarship, research and research training of international standing and to apply that scholarship and research to the advancement of knowledge and to the benefit of the well-being of the Victorian, Australian and international communities; (c) to equip graduates of the University to excel in their chosen careers and to contribute to the life of the community; (d) to serve the Victorian, Australian and international communities and the public interest by— (i) enriching cultural and community life; (ii) elevating public awareness of educational, scientific and artistic developments; (iii) promoting critical enquiry, informed intellectual discourse and public debate within the University and in the wider society; s. 17 See: Act No. 6405/1958. Reprint No. 5 as at 10 September 1998 and amending Act Nos 53/1999, 11/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov.au -- 21 of 64 -- Part 4—Melbourne University University Acts (Amendment) Act 2003 Act No. 26/2003 18 (e) to confer degrees and grant diplomas, certificates and other awards.". 18. Payment of certain council members (1) Insert the following heading to section 6 of the Melbourne University Act 1958— "Terms and conditions of office of council members". (2) After section 6(5) of the Melbourne University Act 1958 insert— "(6) An elected or appointed member of the council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member. (7) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council— (a) a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; (b) the Chief Justice and other Justices of the High Court of Australia. (8) A member of the council is not to be taken to hold an office of profit under the Crown that would— (a) prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or s. 18 -- 22 of 64 -- Part 4—Melbourne University University Acts (Amendment) Act 2003 Act No. 26/2003 19 (b) make void the member's election to the Legislative Council or the Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member to any liability or penalty under the Constitution Act 1975.". 19. New sections 13 and 13A inserted For section 13 of the Melbourne University Act 1958 substitute— "13. Council member's responsibilities (1) A member of the council is responsible to the council for furthering the purposes of the council and the objects of the University rather than any constituent person or body who elected or appointed the member. (2) A member of the council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person. 13A. Pecuniary interests of council members (1) A member of the council who has a pecuniary interest in a matter being considered or about to be considered by the council must, as soon as practicable, after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the council or in writing addressed to the Chancellor. s. 19 -- 23 of 64 -- Part 4—Melbourne University University Acts (Amendment) Act 2003 Act No. 26/2003 20 (2) If the Chancellor receives a written declaration under sub-section (1), the Chancellor must report it or cause it to be reported, at the next meeting of the council. (3) The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the minutes of the meeting. (4) After a declaration is made under sub-section (1) by a member of the council— (a) unless the council otherwise directs, the member must not be present during any deliberation with respect to that matter; and (b) the member is not entitled to vote on the matter; and (c) if the member does vote on the matter, the vote must be disallowed.". 20. Administration fee for trust funds At the end of section 39 of the Melbourne University Act 1958 insert— "(2) The council may, out of the annual income of a trust fund in an investment pool, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund. (3) The commission deducted in accordance with sub-section (2) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund. s. 20 -- 24 of 64 -- Part 4—Melbourne University University Acts (Amendment) Act 2003 Act No. 26/2003 21 (4) The University must not make any other charges on the trust fund in addition to the commission received under sub-section (3), except in accordance with the trust deed.". 21. New section 40C inserted After section 40B of the Melbourne University Act 1958 insert— '40C. Audit of companies (1) If the University— (a) forms, participates in the formation of, or is a member of, a company under section 40B that is not incorporated or taken to be incorporated under the Corporations Act; and (b) has a substantial holding in the company as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%— the accounts of the company shall be audited annually by the Auditor-General. (2) The following provisions apply to the annual audit under sub-section (1)— (a) the Auditor-General and any person assisting the Auditor-General has with respect to the accounts of the company all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts; s. 21 -- 25 of 64 -- Part 4—Melbourne University University Acts (Amendment) Act 2003 Act No. 26/2003 22 (b) the company must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor- General; (c) the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the company during the year and the financial position of the company at the end of the year; (d) the Auditor-General must forward to the Treasurer a copy of the audited annual accounts. (3) Without limiting the generality of sub- section (2)(a), the Auditor-General and any person assisting the Auditor-General— (a) has right of access at all times to the books, securities, accounts and vouchers of the company; and (b) may require from an officer or employee of the company or the University any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit. (4) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section. s. 21 -- 26 of 64 -- Part 4—Melbourne University University Acts (Amendment) Act 2003 Act No. 26/2003 23 (5) This section does not apply to a company of which the University has ceased to be a member before the last preceding annual audit. (6) The Auditor-General is not required to audit the accounts of a company incorporated or formed in a place outside Australia under this section if— (a) under the law applying to that company in that place, the Auditor-General cannot be appointed as auditor of the company; or (b) in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.'. 22. Visitor has ceremonial functions only After section 47(1) of the Melbourne University Act 1958 insert— "(1A) The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).". 23. New section 49 inserted After section 48 of the Melbourne University Act 1958 insert— "49. Existing proceedings (1) Section 47(1A) applies with respect to disputes and other matters arising before the commencement of section 22 of the University Acts (Amendment) Act 2003. s. 22 -- 27 of 64 -- Part 4—Melbourne University University Acts (Amendment) Act 2003 Act No. 26/2003 24 (2) If an inquiry by or authorised by the Visitor into a dispute or other matter has been commenced or been completed before the commencement of section 22 of the University Acts (Amendment) Act 2003, the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.". __________________ s. 23 -- 28 of 64 -- Part 5—Monash University University Acts (Amendment) Act 2003 Act No. 26/2003 25 PART 5—MONASH UNIVERSITY 24. Further objects In section 5 of the Monash University Act 1958— (a) in paragraph (b) after "knowledge and" insert "the pursuit of the benefits of"; (b) after paragraph (b) insert— "(ba) to promote critical enquiry within the university and in the general community;". 25. Payment of certain Council members (1) Insert the following heading to section 8 of the Monash University Act 1958— "Terms and conditions of office of Council members". (2) At the end of section 8 of the Monash University Act 1958 insert— "(2) An elected or appointed member of the Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member. (3) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council— s. 24 See: Act No. 6184/1958. Reprint No. 4 as at 10 September 1998 and amending Act Nos 53/1999, 11/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov.au -- 29 of 64 -- Part 5—Monash University University Acts (Amendment) Act 2003 Act No. 26/2003 26 (a) a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; (b) the Chief Justice and other Justices of the High Court of Australia. (4) A member of the Council is not to be taken to hold an office of profit under the Crown that would— (a) prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or (b) make void the member's election to the Legislative Council or the Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member to any liability or penalty under the Constitution Act 1975.". 26. New sections 19 and 19A inserted For section 19 of the Monash University Act 1958 substitute— "19. Council member's responsibilities (1) A member of the Council is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who elected or appointed the member. s. 26 -- 30 of 64 -- Part 5—Monash University University Acts (Amendment) Act 2003 Act No. 26/2003 27 (2) A member of the Council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person. 19A. Pecuniary interests of Council members (1) A member of the Council who has a pecuniary interest in a matter being considered or about to be considered by the Council must, as soon as practicable, after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the Council or in writing addressed to the Chancellor. (2) If the Chancellor receives a written declaration under sub-section (1), the Chancellor must report it or cause it to be reported, at the next meeting of the Council. (3) The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the minutes of the meeting. (4) After a declaration is made under sub-section (1) by a member of the Council— (a) unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and (b) the member is not entitled to vote on the matter; and (c) if the member does vote on the matter, the vote must be disallowed.". s. 26 -- 31 of 64 -- Part 5—Monash University University Acts (Amendment) Act 2003 Act No. 26/2003 28 27. Administration fee for trust funds After section 35A(5) of the Monash University Act 1958 insert— "(6) The Council may, out of the income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund. (7) The commission deducted in accordance with sub-section (6) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund. (8) The University must not make any other charges on the trust fund in addition to the commission received under sub-section (7), except in accordance with the trust deed.". 28. New section 35C inserted After section 35B of the Monash University Act 1958 insert— '35C. Audit of corporations (1) If the University— (a) forms, participates in the formation of, or is a member of, a corporation under section 35B(13A) that is not incorporated or taken to be incorporated under the Corporations Act; and (b) has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of s. 27 -- 32 of 64 -- Part 5—Monash University University Acts (Amendment) Act 2003 Act No. 26/2003 29 "substantial holding" in that section is to be read as 50%— the accounts of the corporation shall be audited annually by the Auditor-General. (2) The following provisions apply to the annual audit under sub-section (1)— (a) the Auditor-General and any person assisting the Auditor-General has with respect to the accounts of the corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts; (b) the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor- General; (c) the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year; (d) the Auditor-General must forward to the Treasurer a copy of the audited annual accounts. (3) Without limiting the generality of sub- section (2)(a), the Auditor-General and any person assisting the Auditor-General— (a) has right of access at all times to the books, securities, accounts and vouchers of the corporation; and s. 28 -- 33 of 64 -- Part 5—Monash University University Acts (Amendment) Act 2003 Act No. 26/2003 30 (b) may require from an officer or employee of the corporation or the University any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit. (4) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section. (5) This section does not apply to a corporation of which the University has ceased to be a member before the last preceding annual audit. (6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under this section if— (a) under the law applying to that corporation in that place, the Auditor- General cannot be appointed as auditor of the corporation; or (b) in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.'. 29. Visitor has ceremonial functions only After section 42(1) of the Monash University Act 1958 insert— "(1A) The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).". s. 29 -- 34 of 64 -- Part 5—Monash University University Acts (Amendment) Act 2003 Act No. 26/2003 31 30. New section 44 inserted After section 43 of the Monash University Act 1958 insert— "44. Existing proceedings (1) Section 42(1A) applies with respect to disputes and other matters arising before the commencement of section 29 of the University Acts (Amendment) Act 2003. (2) If an inquiry by or authorised by the Visitor into a dispute or other matter has been commenced or been completed before the commencement of section 29 of the University Acts (Amendment) Act 2003, the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.". __________________ s. 30 -- 35 of 64 -- Part 6—Royal Melbourne Institute of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 32 PART 6—ROYAL MELBOURNE INSTITUTE OF TECHNOLOGY 31. Further object After section 6(d) of the Royal Melbourne Institute of Technology Act 1992 insert— "(da) to promote critical enquiry within the university and in the general community;". 32. Payment of certain Council members (1) Insert the following heading to section 8 of the Royal Melbourne Institute of Technology Act 1992— "Terms and conditions of office of Council members". (2) At the end of section 8 of the Royal Melbourne Institute of Technology Act 1992 insert— "(2) An elected or appointed member of the Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member. (3) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council— s. 31 See: Act No. 45/1992. Reprint No. 3 as at 22 November 2001. LawToday: www.dms. dpc.vic. gov.au -- 36 of 64 -- Part 6—Royal Melbourne Institute of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 33 (a) a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; (b) the Chief Justice and other Justices of the High Court of Australia. (4) A member of the Council is not to be taken to hold an office of profit under the Crown that would— (a) prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or (b) make void the member's election to the Legislative Council or the Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member to any liability or penalty under the Constitution Act 1975.". 33. New section 16A inserted After section 16 of the Royal Melbourne Institute of Technology Act 1992 insert— "16A. Council member's responsibilities (1) A member of the Council is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who elected or appointed the member. s. 33 -- 37 of 64 -- Part 6—Royal Melbourne Institute of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 34 (2) A member of the Council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.". 34. Administration fee for trust funds After section 38(7) of the Royal Melbourne Institute of Technology Act 1992 insert— "(8) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund. (9) The commission deducted in accordance with sub-section (8) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund. (10) The University must not make any other charges on the trust fund in addition to the commission received under sub-section (9), except in accordance with the trust deed.". 35. New section 40 inserted After section 39 of the Royal Melbourne Institute of Technology Act 1992 insert— '40. Audit of corporations (1) If the University— (a) forms, participates in the formation of, or is a member of, a corporation under section 39(14) that is not incorporated or taken to be incorporated under the Corporations Act; and s. 34 -- 38 of 64 -- Part 6—Royal Melbourne Institute of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 35 (b) has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%— the accounts of the corporation shall be audited annually by the Auditor-General. (2) The following provisions apply to the annual audit under sub-section (1)— (a) the Auditor-General and any person assisting the Auditor-General has with respect to the accounts of the corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts; (b) the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor- General; (c) the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year; (d) the Auditor-General must forward to the Treasurer a copy of the audited annual accounts. s. 35 -- 39 of 64 -- Part 6—Royal Melbourne Institute of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 36 (3) Without limiting the generality of sub- section (2)(a), the Auditor-General and any person assisting the Auditor-General— (a) has right of access at all times to the books, securities, accounts and vouchers of the corporation; and (b) may require from an officer or employee of the corporation or the Council or the University any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit. (4) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section. (5) This section does not apply to a corporation of which the University has ceased to be a member before the last preceding annual audit. (6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under this section if— (a) under the law applying to that corporation in that place, the Auditor- General cannot be appointed as auditor of the corporation; or (b) in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.'. s. 35 -- 40 of 64 -- Part 6—Royal Melbourne Institute of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 37 36. Visitor has ceremonial functions only After section 43(1) of the Royal Melbourne Institute of Technology Act 1992 insert— "(1A) The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).". 37. New section 65 inserted After section 64 of the Royal Melbourne Institute of Technology Act 1992 insert— "65. Existing proceedings (1) Section 43(1A) applies with respect to disputes and other matters arising before the commencement of section 36 of the University Acts (Amendment) Act 2003. (2) If an inquiry by or authorised by the Visitor into a dispute or other matter has been commenced or been completed before the commencement of section 36 of the University Acts (Amendment) Act 2003, the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.". __________________ s. 36 -- 41 of 64 -- Part 7—Swinburne University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 38 PART 7—SWINBURNE UNIVERSITY OF TECHNOLOGY 38. Further object After section 6(d) of the Swinburne University of Technology Act 1992 insert— "(da) to promote critical enquiry within the university and in the general community;". 39. Payment of certain Council members (1) Insert the following heading to section 8 of the Swinburne University of Technology Act 1992— "Terms and conditions of office of Council members". (2) At the end of section 8 of the Swinburne University of Technology Act 1992 insert— "(2) An elected or appointed member of the Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member. (3) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council— s. 38 See: Act No. 44/1992. Reprint No. 3 as at 22 November 2001. LawToday: www.dms. dpc.vic. gov.au -- 42 of 64 -- Part 7—Swinburne University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 39 (a) a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; (b) the Chief Justice and other Justices of the High Court of Australia. (4) A member of the Council is not to be taken to hold an office of profit under the Crown that would— (a) prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or (b) make void the member's election to the Legislative Council or the Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member to any liability or penalty under the Constitution Act 1975.". 40. New section 16A inserted After section 16 of the Swinburne University of Technology Act 1992 insert— "16A. Council member's responsibilities (1) A member of the Council is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who elected or appointed the member. s. 40 -- 43 of 64 -- Part 7—Swinburne University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 40 (2) A member of the Council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.". 41. Administration fee for trust funds After section 43(7) of the Swinburne University of Technology Act 1992 insert— "(8) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund. (9) The commission deducted in accordance with sub-section (8) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund. (10) The University must not make any other charges on the trust fund in addition to the commission received under sub-section (9), except in accordance with the trust deed.". 42. New section 45 inserted After section 44 of the Swinburne University of Technology Act 1992 insert— '45. Audit of corporations (1) If the University— (a) forms, participates in the formation of, or is a member of, a corporation under section 44(14) that is not incorporated or taken to be incorporated under the Corporations Act; and s. 41 -- 44 of 64 -- Part 7—Swinburne University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 41 (b) has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%— the accounts of the corporation shall be audited annually by the Auditor-General. (2) The following provisions apply to the annual audit under sub-section (1)— (a) the Auditor-General and any person assisting the Auditor-General has with respect to the accounts of the corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts; (b) the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor- General; (c) the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year; (d) the Auditor-General must forward to the Treasurer a copy of the audited annual accounts. s. 42 -- 45 of 64 -- Part 7—Swinburne University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 42 (3) Without limiting the generality of sub- section (2)(a), the Auditor-General and any person assisting the Auditor-General— (a) has right of access at all times to the books, securities, accounts and vouchers of the corporation; and (b) may require from an officer or employee of the corporation or the University any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit. (4) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section. (5) This section does not apply to a corporation of which the University has ceased to be a member before the last preceding annual audit. (6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under this section if— (a) under the law applying to that corporation in that place, the Auditor- General cannot be appointed as auditor of the corporation; or (b) in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.'. s. 42 -- 46 of 64 -- Part 7—Swinburne University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 43 43. Visitor has ceremonial functions only After section 48(1) of the Swinburne University of Technology Act 1992 insert— "(1A) The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).". 44. New section 69 inserted After section 68 of the Swinburne University of Technology Act 1992 insert— "69. Existing proceedings (1) Section 48(1A) applies with respect to disputes and other matters arising before the commencement of section 43 of the University Acts (Amendment) Act 2003. (2) If an inquiry by or authorised by the Visitor into a dispute or other matter has been commenced or been completed before the commencement of section 43 of the University Acts (Amendment) Act 2003, the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.". __________________ s. 43 -- 47 of 64 -- Part 8—University of Ballarat University Acts (Amendment) Act 2003 Act No. 26/2003 44 PART 8—UNIVERSITY OF BALLARAT 45. Further objects For section 6(c) of the University of Ballarat Act 1993 substitute— "(c) to promote critical enquiry within the university and in the general community; (ca) the promotion, advancement and transmission of knowledge and the promotion, advancement and the pursuit of the benefits of the practical application of research;". 46. Payment of certain Council members (1) Insert the following heading to section 8 of the University of Ballarat Act 1993— "Terms and conditions of office of Council members". (2) After section 8(3) of the University of Ballarat Act 1993 insert— "(4) An elected or appointed member of the Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member. s. 45 See: Act No. 107/1993. Reprint No. 1 as at 3 September 1998 and amending Act Nos 53/1999, 11/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov.au -- 48 of 64 -- Part 8—University of Ballarat University Acts (Amendment) Act 2003 Act No. 26/2003 45 (5) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council— (a) a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; (b) the Chief Justice and other Justices of the High Court of Australia. (6) A member of the Council is not to be taken to hold an office of profit under the Crown that would— (a) prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or (b) make void the member's election to the Legislative Council or the Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member to any liability or penalty under the Constitution Act 1975.". 47. New section 16A inserted After section 16 of the University of Ballarat Act 1993 insert— "16A. Council member's responsibilities (1) A member of the Council is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who elected or appointed the member. s. 47 -- 49 of 64 -- Part 8—University of Ballarat University Acts (Amendment) Act 2003 Act No. 26/2003 46 (2) A member of the Council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.". 48. Administration fee for trust funds After section 36(7) of the University of Ballarat Act 1993 insert— "(8) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund. (9) The commission deducted in accordance with sub-section (8) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund. (10) The University must not make any other charges on the trust fund in addition to the commission received under sub-section (9), except in accordance with the trust deed.". 49. New section 38 inserted After section 37 of the University of Ballarat Act 1993 insert— '38. Audit of corporations (1) If the University— (a) forms, participates in the formation of, or is a member of, a corporation under section 37(14) that is not incorporated or taken to be incorporated under the Corporations Act; and s. 48 -- 50 of 64 -- Part 8—University of Ballarat University Acts (Amendment) Act 2003 Act No. 26/2003 47 (b) has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%— the accounts of the corporation shall be audited annually by the Auditor-General. (2) The following provisions apply to the annual audit under sub-section (1)— (a) the Auditor-General and any person assisting the Auditor-General has with respect to the accounts of the corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts; (b) the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor- General; (c) the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year; (d) the Auditor-General must forward to the Treasurer a copy of the audited annual accounts. s. 49 -- 51 of 64 -- Part 8—University of Ballarat University Acts (Amendment) Act 2003 Act No. 26/2003 48 (3) Without limiting the generality of sub- section (2)(a), the Auditor-General and any person assisting the Auditor-General— (a) has right of access at all times to the books, securities, accounts and vouchers of the corporation; and (b) may require from an officer or employee of the corporation or the University any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit. (4) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section. (5) This section does not apply to a corporation of which the University has ceased to be a member before the last preceding annual audit. (6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under this section if— (a) under the law applying to that corporation in that place, the Auditor- General cannot be appointed as auditor of the corporation; or (b) in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.'. s. 49 -- 52 of 64 -- Part 8—University of Ballarat University Acts (Amendment) Act 2003 Act No. 26/2003 49 50. Visitor has ceremonial functions only After section 41(1) of the University of Ballarat Act 1993 insert— "(1A) The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).". 51. New section 72 inserted After section 71 of the University of Ballarat Act 1993 insert— "72. Existing proceedings (1) Section 41(1A) applies with respect to disputes and other matters arising before the commencement of section 50 of the University Acts (Amendment) Act 2003. (2) If an inquiry by or authorised by the Visitor into a dispute or other matter has been commenced or been completed before the commencement of section 50 of the University Acts (Amendment) Act 2003, the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.". __________________ s. 50 -- 53 of 64 -- Part 9—Victoria University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 50 PART 9—VICTORIA UNIVERSITY OF TECHNOLOGY 52. Further object After section 6(c) of the Victoria University of Technology Act 1990 insert— "(ca) to promote critical enquiry within the university and in the general community;". 53. Payment of certain Council members (1) Insert the following heading to section 8 of the Victoria University of Technology Act 1990— "Terms and conditions of office of Council members". (2) At the end of section 8 of the Victoria University of Technology Act 1990 insert— "(2) An elected or appointed member of the Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member. s. 52 See: Act No. 21/1990. Reprint No. 2 as at 10 September 1998 and amending Act Nos 85/1998, 53/1999, 74/2000, 11/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov.au -- 54 of 64 -- Part 9—Victoria University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 51 (3) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council— (a) a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; (b) the Chief Justice and other Justices of the High Court of Australia. (4) A member of the Council is not to be taken to hold an office of profit under the Crown that would— (a) prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or (b) make void the member's election to the Legislative Council or the Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member to any liability or penalty under the Constitution Act 1975.". 54. New section 16A inserted After section 16 of the Victoria University of Technology Act 1990 insert— "16A. Council member's responsibilities (1) A member of the Council is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who elected or appointed the member. s. 54 -- 55 of 64 -- Part 9—Victoria University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 52 (2) A member of the Council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.". 55. Administration fee for trust funds After section 41(7) of the Victoria University of Technology Act 1990 insert— "(8) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund. (9) The commission deducted in accordance with sub-section (8) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund. (10) The University must not make any other charges on the trust fund in addition to the commission received under sub-section (9), except in accordance with the trust deed.". 56. New section 43 inserted After section 42 of the Victoria University of Technology Act 1990 insert— '43. Audit of corporations (1) If the University— (a) forms, participates in the formation of, or is a member of, a corporation under section 42(14) that is not incorporated or taken to be incorporated under the Corporations Act; and s. 55 -- 56 of 64 -- Part 9—Victoria University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 53 (b) has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50%— the accounts of the corporation shall be audited annually by the Auditor-General. (2) The following provisions apply to the annual audit under sub-section (1)— (a) the Auditor-General and any person assisting the Auditor-General has with respect to the accounts of the corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts; (b) the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor- General; (c) the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year; (d) the Auditor-General must forward to the Treasurer a copy of the audited annual accounts. s. 56 -- 57 of 64 -- Part 9—Victoria University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 54 (3) Without limiting the generality of sub- section (2)(a), the Auditor-General and any person assisting the Auditor-General— (a) has right of access at all times to the books, securities, accounts and vouchers of the corporation; and (b) may require from an officer or employee of the corporation or the University any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit. (4) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section. (5) This section does not apply to a corporation of which the University has ceased to be a member before the last preceding annual audit. (6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under this section if— (a) under the law applying to that corporation in that place, the Auditor- General cannot be appointed as auditor of the corporation; or (b) in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.'. s. 56 -- 58 of 64 -- Part 9—Victoria University of Technology University Acts (Amendment) Act 2003 Act No. 26/2003 55 57. Visitor has ceremonial functions only After section 46(1) of the Victoria University of Technology Act 1990 insert— "(1A) The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).". 58. New section 70 inserted After section 69 of the Victoria University of Technology Act 1990 insert— "70. Existing proceedings (1) Section 46(1A) applies with respect to disputes and other matters arising before the commencement of section 57 of the University Acts (Amendment) Act 2003. (2) If an inquiry by or authorised by the Visitor into a dispute or other matters has been commenced or been completed before the commencement of section 57 of the University Acts (Amendment) Act 2003, the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.". __________________ s. 57 -- 59 of 64 -- Part 10—Victorian College of the Arts University Acts (Amendment) Act 2003 Act No. 26/2003 56 PART 10—VICTORIAN COLLEGE OF THE ARTS 59. Further object After section 5(c) of the Victorian College of the Arts Act 1981 insert— "(ca) to promote critical enquiry within the College and in the general community;". 60. Payment of certain Council members (1) Insert the following heading to section 8 of the Victorian College of the Arts Act 1981— "Terms and conditions of office of Council members". (2) At the end of section 8 of the Victorian College of the Arts Act 1981 insert— "(2) An elected or appointed member of the Council, other than a member who holds a full-time office on the staff of the College, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member. s. 59 See: Act No. 9566/1981. Reprint No. 2 as at 1 September 1997 and amending Act Nos 100/1998 and 11/2001. LawToday: www.dms. dpc.vic. gov.au -- 60 of 64 -- Part 10—Victorian College of the Arts University Acts (Amendment) Act 2003 Act No. 26/2003 57 (3) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council— (a) a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; (b) the Chief Justice and other Justices of the High Court of Australia. (4) A member of the Council is not to be taken to hold an office of profit under the Crown that would— (a) prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or (b) make void the member's election to the Legislative Council or the Legislative Assembly; or (c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member to any liability or penalty under the Constitution Act 1975.". 61. New section 17A inserted After section 17 of the Victorian College of the Arts Act 1981 insert— "17A. Council member's responsibilities (1) A member of the Council is responsible to the Council for furthering the purposes of the Council and the objects of the College rather than any constituent person or body who elected or appointed the member. s. 61 -- 61 of 64 -- Part 10—Victorian College of the Arts University Acts (Amendment) Act 2003 Act No. 26/2003 58 (2) A member of the Council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.". 62. Administration fee for trust funds After section 34(5) of the Victorian College of the Arts Act 1981 insert— "(6) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund. (7) The commission deducted in accordance with sub-section (6) is to be received and accepted by the College as full payment to it for the costs of administration of the trust fund. (8) The College must not make any other charges on the trust fund in addition to the commission received under sub-section (7), except in accordance with the trust deed.". __________________ s. 62 -- 62 of 64 -- Part 11—Consequential Amendment University Acts (Amendment) Act 2003 Act No. 26/2003 59 PART 11—CONSEQUENTIAL AMENDMENT 63. Consequential amendment of Administrative Law Act 1978 Section 14 of the Administrative Law Act 1978 is repealed. ═══════════════ s. 63 -- 63 of 64 -- University Acts (Amendment) Act 2003 Act No. 26/2003 60 ENDNOTES † Minister's second reading speech— Legislative Council: 10 April 2003 Legislative Assembly: 1 May 2003 The long title for the Bill for this Act was "to amend the Acts establishing public universities in Victoria and the Victorian College of the Arts and for other purposes." Endnotes -- 64 of 64 --