Torrens University Australia Act 2013

This Act may be cited as the Torrens University Australia Act 2013.

This Act will come into operation on a day to be fixed by proclamation.

In this Act—

logo means a design (the copyright of which is vested in the University) declared under this Act to be a logo;

minor means a person of or above the age of 16 years and under 18 years;

official insignia means a logo, an official symbol or an official title;

official symbol means a combination of a logo and an official title;

official title means a business name registered by the University under, or otherwise authorised by, the Business Names Registration Act 2011 of the Commonwealth;

University means Torrens University Australia.

The University is a body corporate invested with full juristic capacity and unfettered discretion, subject to the laws of this State, to conduct its affairs in the manner it thinks fit.

The University is not an instrumentality or agency of the Crown.

Principles for the sound and fair management of the University and its staff should be established and regularly reviewed by the governing body of the University, and those principles should be observed at all times in the administration of the University.

The Minister may, by notice in the Gazette, declare a design to be a logo in respect of the University.

The University has a proprietary interest in all official insignia.

A person must not, without the consent of the University, in the course of a trade or business—

use a name in which the University has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or

sell goods marked with official insignia; or

use official insignia for the purpose of promoting the sale of goods or services.

Maximum penalty: $20 000.

A person must not, without the consent of the University, assume a name or description that consists of, or includes, official insignia.

Maximum penalty: $20 000.

A consent under this section—

may be given with or without conditions (including conditions requiring payment to the University); and

must be given in writing addressed to the applicant for the consent; and

may be revoked by the University for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.

The Supreme Court may, on the application of the University, grant an injunction to restrain a breach of this section.

The court by which a person is convicted of an offence against this section may, on the application of the University, order the convicted person to pay compensation of an amount fixed by the court to the University.

Subsections (5) and (6) do not derogate from any civil remedy that may be available to the University apart from those subsections.

Despite any other Act or law, the University may acquire property on trust by gift, devise or bequest to apply for the benefit of a school, college, chair, centre, institution, or other body established within, or associated with, the University (despite the fact that the beneficiary is not a legal person).

The University—

may exercise any power, or perform any act, that the beneficiary could perform as if the University were the beneficiary; and

must apply the property, or any income derived in relation to the property, in accordance with the terms of the gift, devise or bequest.

Despite any other Act or law, a minor has full legal capacity—

to contract for the provision of the minor's education at the University; and

to contract in relation to any other matter prescribed in the regulations.

A contract under this section may be enforced by, or against, the minor as if he or she were of full legal capacity.

Subsection (1) does not apply if the University ceases to be registered as an Australian university under the Tertiary Education Quality and Standards Agency Act 2011 of the Commonwealth.

The governing body of the University must, as soon as is reasonably practicable after any change in the composition of the governing board, notify the Minister of the change.

The governing body of the University must, as soon as is reasonably practicable after an event of a kind prescribed by the regulations occurring, notify the Minister of the occurrence of the event.

The governing body of the University must, not later than 30 June in each year, present to the Minister a report on the operation of the University during the year ending on the preceding 31 December.

The Minister must, within 12 sitting days of receiving a report under this section, cause a copy of the report to be laid before each House of Parliament.

The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.