James Cook University Act 1997

This Act may be cited as the James Cook University Act 1997.

This Act commences on a day to be fixed by proclamation.

The dictionary in schedule 2 defines particular words used in this Act.

The James Cook University is established.

The university—

is a body corporate; and

has a seal; and

may sue and be sued in its corporate name.

The university’s functions are—

to provide education at university standard; and

to provide facilities for study and research generally and, in particular, in subjects of special importance to the people of the tropics; and

to encourage study and research generally and, in particular, in subjects of special importance to the people of the tropics; and

to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community; and

to confer higher education awards; and

to disseminate knowledge and promote scholarship; and

to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and

to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and

to perform other functions given to the university under this or another Act.

The university has all the powers of an individual, and may, for example—

enter into contracts; and

acquire, hold, dispose of, and deal with property; and

appoint agents and attorneys; and

engage consultants; and

fix charges, and other terms, for services and other facilities it supplies; and

do anything else necessary or convenient to be done for, or in connection with, its functions.

Without limiting subsection (1), the university has the powers given to it under this or another Act.

The university may exercise its powers inside or outside Queensland.

Without limiting subsection (3), the university may exercise its powers outside Australia.

There is a council of the university.

The council is the university’s governing body.

The council has the functions conferred on it under this or another Act.

The council may do anything necessary or convenient to be done for, or in connection with, its functions.

Without limiting subsection (1), the council has the powers given to it under this or another Act and, in particular—

to appoint the university’s staff; and

to manage and control the university’s affairs and property; and

to manage and control the university’s finances.

The council must act in the way that appears to it most likely to promote the university’s interests.

The council may delegate its powers under this Act to—

an appropriately qualified member of the council; or

a committee consisting of appropriately qualified persons, but which must include 1 or more members of the council; or

an appropriately qualified member of the university’s staff.

However, the council may not delegate its power—

to make an election policy; or

to adopt the university’s annual budget.

A delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.

[repealed]