Power of Council to make statutes, regulations and by-laws
20 Power of Council to make statutes, regulations and by-laws
The Council has full power to make, alter and repeal any statutes and regulations (so far as they are not repugnant to any existing law or to the provisions of this Act) for any of the following purposes, namely:
any election; and
the discipline of the University; and
the number, remuneration and manner of appointment and dismissal of the members of the academic and general staff, examiners and officers of the
University; and
the matriculation of students; and
examinations for fellowships, scholarships, prizes, exhibitions, degrees, honours, diplomas or other awards, and the granting of any such award;
and
the fees to be charged for matriculation, or for any examination, degree, diploma or other award, for attendance at lectures or classes and for any other purpose authorised by this Act; and
lectures or classes; and
the manner and time of convening the meetings of the Council;
and
the constitution of any degree, diploma or other award;
and
the admission, without examination, to degrees, diplomas or other awards which the University has power to confer, of persons who have graduated at any other university; and
residential accommodation for students; and
the affiliation to or connection with the University of a college or educational establishment with the consent of the governing body of any such college or educational establishment, the licensing and supervision of boarding houses intended for the reception of students, and the revocation of any such licence, except that no statute or regulation made under this paragraph may affect the religious observances or regulations enforced in any such college, educational establishment or boarding house; and
the constitution of such boards and committees as are considered necessary to carry out the general purposes of this Act; and
in general, all other matters whatsoever regarding the
University.
A statute or regulation made under this section must be submitted to the Governor for allowance.
A statute or regulation, on being allowed by the Governor, is binding on the whole body of the University.
The Council may make by-laws not inconsistent with this Act for all or any of the following purposes:
to prohibit persons from trespassing on the University grounds;
and
to prevent damage to the University grounds and any fixtures, chattels, trees, shrubs, bushes, flowers, gardens and lawns on or in those grounds; and
to regulate speed at which vehicles may be driven on the University grounds; and
to prohibit the dangerous or careless driving of vehicles on the
University grounds; and
to prohibit the driving on the University grounds of vehicles the weight of which when laden exceeds the amount prescribed in the by-laws;
and
to prescribe the route to be followed by traffic on roads, ways or tracks within the University grounds and the specific gates which may be used for the entrance and exit of vehicles and pedestrians and to require the observance of one-way traffic rules on specific roads, ways or tracks;
and
to prohibit or regulate the parking, ranking, placing and arranging of vehicles on University grounds and to empower authorised persons to remove any vehicle from the University grounds without assigning any reason;
and
generally to regulate traffic of all kinds on the University grounds; and
to prohibit disorderly conduct or indecent language by persons on the University grounds and to empower authorised persons to remove from those grounds persons guilty of disorderly conduct or indecent language while on those grounds; and
to prohibit, restrict or regulate the consumption of alcohol on the
University grounds and the bringing of alcohol on to those grounds, and to empower authorised persons to remove from the University grounds any intoxicated person and to search the University grounds and vehicles on the grounds for alcohol and to seize any alcohol reasonably suspected of having been brought on to the University grounds contrary to any by-law;
and
to empower the Council to confiscate any alcohol brought on to the
University grounds contrary to any by-law; and
to prevent persons from climbing on fences or buildings or walking over gardens or lawns on the University grounds; and
to regulate the conduct of open air and indoor meetings held on the
University grounds; and
to prevent the interruption of lectures or meetings by noise or unseemly behaviour on the University grounds whether in or outside of buildings and to prevent undue noise from motor vehicles on the University grounds;
and
to prescribe fines not exceeding a division 10 fine for a contravention of any by-law; and
to fix expiation fees, not exceeding a division 10 fee, for alleged offences against the by-laws; and
to empower the University to recover summarily compensation for any damage done to the University grounds; and
to prescribe all matters which are required by this Act to be prescribed by by‑law or are otherwise necessary or convenient for giving effect to this Act.
The Council may declare in a by-law that it applies only to a specified part of the University grounds, and the by-law will apply accordingly.
The Council may appoint a person to be an authorised person for the purposes of this section, and may, at will, revoke any such appointment.
No by-law can be made—
except at a meeting of the Council of which at least 14 days' prior notice in writing has been sent by post to each member of the Council specifying the by-laws intended to be proposed; and
unless a majority of all the members of the Council vote at the meeting in favour of the proposed by-law.
Each by-law—
must be submitted to the Governor for confirmation and has no force until confirmed; and
must be published in the Gazette at the expense of the University after confirmation; and
subject to subsection (6a), takes effect from the day of publication or a later date fixed by the by-law; and
must be laid before each House of Parliament within the first 14 sitting days of that House after publication.
If either House of Parliament passes a resolution disallowing a by-law and notice of the resolution has been given within 14 sitting days of that House after the by-law has been laid before it, the by-law immediately ceases to have any effect, but without affecting the validity or curing the invalidity of anything done or omitted in the meantime.
Subsection (6a) applies even though all of the 14 sitting days, or some of them, do not occur in the same session of Parliament as the session in which the by-law is laid before the
House.
When a resolution has been passed under subsection (6a), notice of the resolution must as soon as practicable be published in the Gazette.
When a by-law has been confirmed by the Governor and published in the Gazette, all conditions precedent to the making of it will conclusively be taken to have been fulfilled.
The Council must set out the substance of all its by-laws relating to traffic on a notice board at each entrance which leads directly from a road or street to the University grounds and is ordinarily used by vehicular traffic.
Failure to comply with subsection (8) does not affect the validity or operation of a by‑law.
The provisions of section 10 of the Subordinate
Legislation Act 1978 do not apply to by-laws made under this Act.
A by-law under this Act cannot take away or restrict any liability, civil or criminal, arising under any provision of any other Act or at common law.
In any proceedings for contravention of a by-law, the allegation in the complaint that a place was on the University grounds will, in the absence of proof to the contrary, be accepted as proof of the fact alleged.
Where it is alleged that a student of the University has contravened a by-law under this Act, the Council may, instead of laying a complaint for the offence, direct that the student be charged with the contravention before a disciplinary body constituted by the Council and, if that disciplinary body finds the offence proved, it may punish the offender in accordance with the statute made by the Council prescribing the functions and powers of the disciplinary body.
In any proceedings relating to an offence against a by-law—
an allegation in a complaint that a person named in the complaint was the owner of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary; and
where it is proved that a vehicle was parked in the University grounds in contravention of a by-law it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle.
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