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UNIVERSITY OF TECHNOLOGY SYDNEY ACT 1989 No 69

Part 5 — General

22 Advance by Treasurer

22A Stamp duty exemption

23 Financial year

24 No religious test or political discrimination

25 Exemption from membership of body corporate or Convocation

26 Re-appointment or re-election

27 Seal of University

28 By-laws

29 Rules

30 Recovery of charges, fees and other money

31 Repeal etc.

32 Savings and transitional provisions

22 Advance by Treasurer

The Treasurer may, with the approval of the Governor, advance to the Council money for the temporary accommodation of the University on such terms and conditions in relation to repayment and interest as may be agreed upon.

22A Stamp duty exemption

(1) Unless the Treasurer otherwise directs in a particular case, neither the University nor the Council is liable to duty under the Duties Act 1997, in respect of anything done by the University or Council for the purposes of the borrowing of money or the investment of funds of the University under this Act.

(2) The Treasurer may direct in writing that any other specified person is not liable to duty under the Duties Act 1997 in respect of anything done for the purposes of the borrowing of money or the investment of funds of the University under this Act, and the direction has effect accordingly.

23 Financial year

The financial year of the University is:

(a) if no period is prescribed as referred to in paragraph (b) – the year commencing on 1 January, or

(b) the period prescribed by the by-laws for the purposes of this section.

24 No religious test or political discrimination

A person shall not, because of his or her religious or political affiliations, views or beliefs, be denied admission as a student of the University or be ineligible to hold office in, to graduate from or to enjoy any benefit, advantage or privilege of the University.

25 Exemption from membership of body corporate or Convocation

A student or graduate of the University or a member of staff of the University is entitled to be exempted by the Council, on grounds of conscience, from membership of the body corporate of the University or of Convocation, or both.

26 Re-appointment or re-election

Nothing in this Act prevents any person from being re-appointed or re-elected to any office under this Act if the person is eligible and otherwise qualified to hold that office.

27 Seal of University

The seal of the University shall be kept in such custody as the Council may direct and shall only be affixed to a document pursuant to a resolution of the Council.

Note. Documents requiring authentication may be sufficiently authenticated without a seal in accordance with section 50(3) of the Interpretation Act 1987.

28 By-laws

(1) The Council may make by-laws, not inconsistent with this Act, for or with respect to any matter that is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:

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

(b) the method of election of members of the Council who are to be elected,

(c) the manner and time of convening, holding and adjourning the meetings of the Council or Academic Board,

(d) the manner of voting (including postal voting or voting by proxy) at meetings of the Council or Academic Board,

(e) the functions of the presiding member of the Council or Academic Board,

(f) the conduct and record of business of the Council or Academic Board,

(g) the appointment of committees of the Council or Academic Board,

(h) the quorum and functions of committees of the Council or Academic Board,

(i) the resignation of members of the Council, the Chancellor, the Deputy Chancellor or the Vice-Chancellor,

(j) the tenure of office, stipend and functions of the Vice-Chancellor,

(k) the designation of members of staff of the University as academic staff, professional staff, full-time staff, part-time staff or otherwise,

(l) the number, stipend, manner of appointment and dismissal of officers and employees of the University,

(m) admission to, enrolment in and exclusion from courses of studies,

(n) the payment of such fees and charges, including fines, as the Council considers necessary, including fees and charges to be paid in respect of:

(i) entrance to the University,

(ii) tuition,

(iii) lectures and classes,

(iv) examinations,

(v) residence,

(vi) the conferring of degrees and the awarding of diplomas and other certificates,

(vii) the provision of amenities and services, whether or not of an academic nature, and

(viii) an organisation of students or of students and other persons,

(o) the exemption from, or deferment of, payment of fees and charges, including fines,

(p) without limiting the operation of paragraphs (n) and (o), the imposition and payment of penalties for parking and traffic infringements,

(q) the courses of lectures or studies for, the assessments for and the granting of degrees, diplomas, certificates and honours and the attendance of candidates for degrees, diplomas, certificates and honours,

(r) the assessments for, and the granting of, fellowships, scholarships, exhibitions, bursaries and prizes,

(s) the admission of students and former students of other universities and institutions of higher education to any status within the University or the granting to graduates of such universities or institutions, or to other persons, of degrees or diplomas without examination,

(t) the establishment and conduct of places of accommodation for students (including residential colleges and halls of residence within the University) and the affiliation of residential colleges,

(u) the affiliation with the University of any educational or research establishment,

(v) the creation of faculties, schools, departments, centres or other entities within the University,

(w) the provision of schemes of superannuation for the officers and employees of the University,

(x) the form and use of academic costume,

(y) the form and use of an emblem of the University or of any body within or associated with the University,

(z) the use of the seal of the University, and

(aa) the making, publication and inspection of rules.

(2) A by-law has no effect unless it has been approved by the Governor.

29 Rules

(1) The by-laws may empower any authority (including the Council) or officer of the University to make rules (not inconsistent with this Act or the by-laws) for or with respect to any or all of the matters for or with respect to which by-laws may be made, except the matters referred to in sections 3(2), 8B, 8D(2)(c)(i) and (3)(a), 8E(4) and 8F, 10(2), 14(1), 16(1)(d) and (e), 23 and 28(1)(k) and clause 3 of Schedule 1 (to the extent it relates to appointments).

(1A) Despite subsection (1), only the Council may be empowered to make rules for or with respect to which by-laws may be made concerning matters referred to in sections 8D(3)(b), 8E(2)(a) and 28(1)(b) and clause 3 of Schedule 1 (to the extent it relates to elections) (election rules).

(1B) Election rules must be consistent with sound and democratic electoral practices, procedures and methods of voting.

(1C) The Council must ensure that any election rule it makes is made readily available to the public by whatever means the Council considers appropriate as soon as practicable after it is made.

(2) A rule:

(a) has the same force and effect as a by-law, and

(b) may, from time to time, be amended or repealed by the Council (whether or not the Council is empowered to make such a rule), or by the authority or officer of the University for the time being empowered to make such a rule, and

(c) takes effect on the day on which it is published or on such later day as may be specified in the rule, and

(d) must indicate the authority or officer who made the rule and that it is made under this section.

(3) In the event of an inconsistency between a by-law and a rule, the by-law prevails to the extent of the inconsistency.

(4) The fact that a provision of this Act specifically provides for a matter to be the subject of by-laws (without mention of rules) does not prevent the matter from being the subject of rules made in accordance with this section.

30 Recovery of charges, fees and other money

Any charge, fee or money due to the University under this Act may be recovered as a debt in any court of competent jurisdiction.

31 Repeal etc

(1) The University of Technology, Sydney Act 1987 and the University of Technology, Sydney (Miscellaneous Provisions) Act 1987 are repealed.

(2) The Council of the University of Technology, Sydney, as constituted immediately before the repeal of the University of Technology, Sydney Act 1987, is dissolved.

(3) The persons holding office as members of the Council, Chancellor and Deputy Chancellor immediately before the repeal of the University of Technology, Sydney Act 1987 cease to hold office as such on that repeal.

32 Savings and transitional provisions

Schedule 3 has effect.