Adelaide University Act 2023

A prescribed university is authorised (and will be taken to have been authorised) to take steps and to provide resources to facilitate the establishment, and to support the operations, of Adelaide University, including by making available staff, resources and facilities of the prescribed university for the benefit of Adelaide University.

Without limiting subclause (1)—

the Council of a prescribed university must take reasonable steps to support the transition from tertiary education and research being provided and conducted by the prescribed university to tertiary education and research being provided and conducted by Adelaide University under this Act; and

a member of the Council of a prescribed university will not be in breach of any duty under the Act under which the Council is constituted, or any other Act or law, if the member—

acts for the purposes of paragraph (a); or

supports the expenditure, application or devolution of any financial or other resources of the prescribed university to support Adelaide University; and

a member of the Council of a prescribed university may—

work with the Council of the other prescribed university, and with the Transition Council, to support the activities of Adelaide University (including by the sharing of staff, resources, facilities or information); and

take action that will have the effect of—

winding down the operations or reducing the undertaking of the prescribed university; or

leading to the dissolution of the prescribed university.

In connection with the operation of subclauses (1) and (2), the prescribed universities and Adelaide University must enter into an agreement that will facilitate the establishment of and transition to Adelaide University and provide support to Adelaide University (to the extent agreed between the 3 universities) as Adelaide University prepares to provide courses and other tertiary education programs.

The following are specifically authorised by this Act for the purposes of section 51(1) of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of South Australia:

the conduct of a prescribed university or Adelaide University in connection with an authorisation under subclause (1);

the conduct of the Council of a prescribed university, and of the members of a Council of a prescribed university, under subclause (2);

the conduct of a prescribed university and Adelaide University in entering into, or giving effect to, an agreement under subclause (3);

any other conduct of—

a prescribed university or Adelaide University; or

the Council of a prescribed university or the members of a Council of a prescribed university; or

the Transition Council or the members of the Transition Council, including conduct that involves entering into, or giving effect to, agreements, sharing information, or other practices or things, in connection with—

the establishment of Adelaide University; or

providing support to Adelaide University; or

facilitating the combining of The University of Adelaide and the University of South Australia.