Curtin University of Technology Act 1966 (WA)

Western Australia Curtin University Act 1966 Western Australia Curtin University Act 1966 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 4. Terms used 2 Part 2 — Curtin University Division 1 — The University 5. Establishment of Curtin University 4 6. Common seal of University 5 7. Functions of University 5 Division 2 — The Council 8. Council 7 9. Constitution of Council 7 9AA. Nominations Committee 9 9A. Term of office of members 10 9B. Members' duties 11 10. Vacation of office 11 10AA. Removal of members for breach of certain duties and suspension pending removal 12 10A. Casual vacancies 14 11. Meetings of Council 14 12. Disclosure of interests 15 13. Quorum 15 14A. Remuneration and allowances for Council members 15 14. Vice‑Chancellor 16 15. Delegation by Council 17 16. Power of management of Council 18 17. Power of Council to appoint and dismiss staff 18 17A. Power of University to provide residential accommodation for staff and students 18 18. Power to award degrees, diplomas etc. 18 20. Vesting and control of certain land 19 20A. By‑laws 19 21. Powers of Council 24 21AA. Relief of members from liability 24 Division 2B — Kalgoorlie Campus 21H. Terms used 25 21I. Kalgoorlie Campus 25 21J. Functions of Kalgoorlie Campus 26 21K. Kalgoorlie Campus Council 26 21L. Functions of Kalgoorlie Campus Council 26 21M. Membership of Kalgoorlie Campus Council 27 21N. Constitution and proceedings 29 21PA. Remuneration and allowances for Kalgoorlie Campus Council members 29 21P. Delegation by Kalgoorlie Campus Council 29 Division 2C — Leasing University land for commercial purposes Subdivision 1 — Preliminary 22A. Terms used 30 22B. Object of this Division 31 22C. Effect of Division on University functions, powers and obligations 31 Subdivision 2 — Power to lease University land for commercial purposes 22D. University may lease University land for commercial purposes with Ministerial approval 32 22E. Effect of approval to lease University land 33 22F. Approval in principle of university development proposal 34 22G. Application for advance determination of approval 35 22H. Advance determination of approval 36 22I. Approvals 37 22J. Notification of decision on application for approval 38 22K. Alteration of approval 38 22L. Payment agreements 39 22M. Minister may delegate functions under this Division 40 Division 3 — Financial provisions 22. Application of Financial Management Act 2006 and Auditor General Act 2006 40 23. Funds of University 42 24. Borrowing and other ways of raising money 43 25A. Notice of borrowing 43 25B. Guarantees 44 25C. Charges for guarantee 45 25. Power of University to invest certain moneys 45 Division 4 — Miscellaneous provisions 27. Governor to be Visitor 46 29. Preservation of rights of officers and employees 46 30A. Superannuation 46 30B. Validation 48 31. Power to vest certain lands in Council 48 31A. Application of Land Act 1933 to land that vests under section 20 or 31 and past vestings validated etc. 48 32. Application of moneys received by Council 49 33. Exemption from rate or tax 49 34A. Regulations 50 Division 5 — Statutes 34. Power to make Statutes 50 35. Approval, publication, disallowance and proof of Statutes 56 36A. Statutes to be made readily available to public 57 Part 3 — Student Guild 44. Student Guild 58 45. Amenities and services fee 59 46. Council to include detail in Statute 60 Part 4 — Transitional provisions for Universities Legislation Amendment Act 2016 47. Terms used 61 48. Transitional provisions (change of name) 61 49. Transitional provisions (Council) 62 50. Transitional provisions (Kalgoorlie Campus Council) 63 51. Transitional provisions (Vice‑Chancellor) 64 52. Transitional provisions (guarantees) 65 53. Transitional provisions (Statutes) 65 Schedule 1 — University land Schedule 1A — Council members Division 1 — Duties 1. Duties 67 Division 2 — Disclosure of interests 2. Disclosure of interests 68 3. Voting by interested members 68 4. Clause 3 may be declared inapplicable 68 6. Minister may declare clause 3 inapplicable 69 Schedule 2 — Provisions as to constitution and proceedings of the Kalgoorlie Campus Council 1. Terms used 70 2. Term of office 70 3. Casual vacancies 70 4. Vacation of office 71 5. Meetings 71 Notes Compilation table 73 Uncommenced provisions table 76 Other notes 76 Defined terms Western Australia Curtin University Act 1966 An Act to establish and incorporate Curtin University and for incidental and other purposes. [Long title amended: No. 37 of 1981 s. 3; No. 96 of 1986 s. 11; No. 32 of 2016 s. 4.] Part 1 — Preliminary [Heading inserted: No. 32 of 2016 s. 5.] 1. Short title This Act may be cited as the Curtin University Act 1966. [Section 1 amended: No. 96 of 1986 s. 11; No. 32 of 2016 s. 6.] 2. Commencement This Act shall come into operation on a date to be fixed by proclamation. [3. Deleted: No. 37 of 1981 s. 4.] 4. Terms used (1) In this Act, unless the contrary intention appears — casual vacancy means a vacancy arising in the office of a member of the Council otherwise than by reason of the effluxion of time; Chancellor means the Chancellor of the University; Council means the Council of the University; enrolled student means a student enrolled in the University; examination means an examination conducted by the University and includes an examination conducted by any other person or body prescribed by the Statutes as a person or body authorised to conduct examinations for the University; Kalgoorlie Campus means the educational facility established under section 21I; member means a member of the Council; prescribed means prescribed by this Act, by a by‑law made under this Act, by a Statute, or by a rule made under a Statute; residential accommodation — (a) means any form of accommodation (including, without limitation, a residential college, hostel, hall of residence or form of independent living); and (b) includes facilities that are — (i) ancillary to residential accommodation; and (ii) primarily for the use of staff of the University, or enrolled students, or both; Statute means a Statute of the University in force in pursuance of this Act; Student Guild means the Student Guild incorporated under section 44; University means Curtin University established under this Act; Vice‑Chancellor means the Vice‑Chancellor of the University. (2) If a question arises as to whether a person is a member of the academic staff or of the salaried or general staff (other than academic staff) of the University, or as to what persons or classes of persons constitute the academic staff or the salaried or general staff (other than academic staff) thereof, that question shall be determined by the Council, and the decision of the Council thereon is final. [Section 4 amended: No. 49 of 1971 s. 2; No. 31 of 1974 s. 2; No. 37 of 1981 s. 5; No. 59 of 1982 s. 3; No. 51 of 1983 s. 14 (as amended: No. 96 of 1986 s. 13); No. 77 of 1985 s. 4; No. 96 of 1986 s. 4 and 11; No. 7 of 1988 s. 15; No. 35 of 1996 s. 4; No. 32 of 2016 s. 7.] Part 2 — Curtin University [Heading inserted: No. 32 of 2016 s. 8.] Division 1 — The University [Heading amended: No. 96 of 1986 s. 11.] 5. Establishment of Curtin University (1) There continues to be a body corporate, to be called "Curtin University". (2A) Curtin University is the same body corporate — (a) that was established under this Act and originally called the "Western Australian Institute of Technology"; and (b) that was renamed the "Curtin University of Technology" by the amendments made to this Act by the Western Australian Institute of Technology Amendment Act 1986 section 5. (2) The University — (a) has perpetual succession; and (b) shall have a common seal; and (c) may sue and be sued in any court; and (d) may take, purchase and hold real and personal property, including property devised, bequeathed or given to the University; and (e) may grant, sell, alienate, assign or demise real and personal property acquired or held by the University as it thinks fit subject only, in respect of property devised, bequeathed or given to the University, to the express trusts of any deed, will, or instrument under which the property was acquired by the University; and (ea) may grant leases of land vested in the University under section 20 or 31 for a term not exceeding 99 years subject, where the term exceeds 21 years, to the approval of the Minister; and (eb) may enter into business arrangements; and (f) may do and suffer all other acts and things that bodies corporate may by law do and suffer. [Section 5 amended: No. 37 of 1981 s. 6; No. 96 of 1986 s. 5 and 11; No. 35 of 1996 s. 31; No. 32 of 2016 s. 9.] 6. Common seal of University (1) The common seal of the University shall be kept in such custody as the Council directs and shall not be used except upon resolution of the Council or as may be authorised by the Statutes. (2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the University affixed to any document and shall presume that it was duly affixed until the contrary is proved. [Section 6 amended: No. 96 of 1986 s. 11.] 7. Functions of University (1) The functions of the University shall include the following — (a) to provide courses of study appropriate to a university, and other tertiary courses; (b) to encourage and participate in the development and improvement of tertiary education whether on a full or part‑time basis; (c) to provide such other courses as may be approved by the Council; (d) to undertake and support scholarship, pure and applied research, invention, innovation, education and consultancy, and to apply those matters to the advancement and application of knowledge — (i) to the benefit of industry, business and government; and (ii) to the benefit and wellbeing of the Western Australian, Australian and international communities; (ea) to commercially develop or commercially use, for the University's benefit, any facility, resource or property (real or personal) of the University or in which the University has a right or interest (including, for example, study, research, knowledge and intellectual property and the practical application of study, research, knowledge and intellectual property), whether alone or with others; (eb) to generate revenue for the purpose of funding the carrying out of its functions; (e) to foster the general welfare and development of its enrolled students; (f) subject to this Act and the Statutes to make appropriate academic awards to enrolled students who have attained standards approved by the University in examinations and to other persons as prescribed; (ga) to serve the Western Australian, Australian and international communities and the public interest by — (i) enriching cultural and community life; and (ii) raising public awareness of educational, scientific and artistic developments; and (iii) promoting critical and free enquiry, informed intellectual discussion and public debate within the University and in the wider society; (g) to provide such facilities relating to the foregoing functions as the Council thinks necessary or conducive for their attainment. (2) The University shall have all such powers, rights and privileges as are reasonably necessary to enable it to carry out its functions. (3) The University may carry out its functions and exercise its powers, including the power to enter into business arrangements, within or outside the State. [Section 7 inserted: No. 96 of 1986 s. 6; amended: No. 43 of 1998 s. 4; No. 32 of 2016 s. 10.] Division 2 — The Council 8. Council The governing authority of the University (including the Kalgoorlie Campus) is the Council. [Section 8 amended: No. 96 of 1986 s. 11; No. 32 of 2016 s. 11.] 9. Constitution of Council (1) The Council consists of the following members — (a) 3 persons appointed by the Governor on the recommendation of the Minister; (b) the person for the time being holding the office of Vice‑Chancellor; (c) one person who is a member of the academic staff of the University and who is elected by the academic staff of the University in the manner prescribed by Statute; (d) 2 persons who are enrolled students — (i) one of whom is an undergraduate student and who is elected by the undergraduate students in the manner prescribed by Statute; and (ii) one of whom is a postgraduate student and who is elected by the postgraduate students in the manner prescribed by Statute; (e) one person who is a member of the non‑academic salaried staff of the University, and who is elected by the non‑academic salaried staff of the University in the manner prescribed by Statute; (f) 2 persons who are graduates of the University and who are elected by the graduates of the University in the manner prescribed by Statute; (g) the person who, not being a member of the Council at the time of their appointment as Chancellor, is appointed Chancellor under section 11; (h) not more than 5 persons appointed from time to time by co‑option by the Council, but a person whose sole or principal employment is that of a member of the staff of the University may not be so appointed; (i) the person for the time being the chairperson of the Academic Board of the University established by Statute. (2A) The fact that a person holds an elective office (for example, an elective office of the Student Guild) does not disqualify that person from being appointed or holding office under subsection (1). (2) Of the members — (a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector); and (b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector), and the member mentioned in paragraph (b) may also be one of the members mentioned in paragraph (a). [Section 9 amended: No. 57 of 1969 s. 2; No. 57 of 1970 s. 3; No. 49 of 1971 s. 3; No. 37 of 1981 s. 7; No. 59 of 1982 s. 4; No. 96 of 1986 s. 11; No. 7 of 1988 s. 16; No. 22 of 1996 s. 16(3); No. 35 of 1996 s. 5 and 32; No. 36 of 1999 s. 247; No. 8 of 2005 s. 4; No. 32 of 2016 s. 12.] 9AA. Nominations Committee (1) The Council must establish and maintain a committee of the Council called the Nominations Committee. (2) The Nominations Committee is to consist of not more than 6 members appointed by the Council. (3) The following members are not eligible to be appointed to the Nominations Committee — (a) the Vice‑Chancellor; (b) the member referred to in section 9(1)(c); (c) the members referred to in section 9(1)(d); (d) the member referred to in section 9(1)(e); (e) the members referred to in section 9(1)(f); (f) the chairperson of the Academic Board of the University. (4) The functions of the Nominations Committee are — (a) to maintain lists of persons who are eligible and willing to be appointed to any vacancy or casual vacancy in the office of — (i) any member of the Council who is appointed by the Governor or the Council; or (ii) any member of the Kalgoorlie Campus Council who is appointed by the Minister or the Council; (b) to recommend to the Minister suitable candidates for appointment to a vacancy or casual vacancy in the office of — (i) any member of the Council who is appointed under section 9(1)(a); or (ii) any member of the Kalgoorlie Campus Council who is appointed under section 21M(1)(a), (b) or (c); (c) to recommend to the Council suitable candidates for appointment by co‑option under section 9(1)(h). (5) The fact that the Nominations Committee or the Council has not recommended a person for appointment under section 9(1) or 21M(1) does not prevent the person from being appointed or holding office under section 9(1) or, as the case requires, section 21M(1). (6) The Nominations Committee may regulate its own procedure, but it must comply with any direction given by the Council. [Section 9AA inserted: No. 32 of 2016 s. 13.] 9A. Term of office of members (1) Subject to section 10 — (a) a member appointed under section 9(1)(a) or (h) holds office for a period of 3 years, commencing on the day of their appointment, unless a shorter term of office is specified under subsection (4); (b) a member elected under section 9(1)(c), (e) or (f) holds office for a period of 3 years, commencing on the day their election takes effect, unless a shorter term of office is specified under subsection (5); (c) a member elected under section 9(1)(d) holds office for a period of one year commencing on the day their election takes effect, unless a shorter term of office is specified under subsection (5). (2) An appointed (which includes co‑opted) or elected member, on the expiry of their term of office — (a) may be again appointed or elected, if they continue to be qualified under section 9; but (b) on the expiry of a third successive term of office (of whatever duration), they are not eligible to hold office as a member until 12 months have elapsed after that expiry. (3) However, a member elected under section 9(1)(d) may be re‑elected once, but only once, on the expiry of their term of office, if they continue to be qualified under section 9. (4) The Governor or the Council may, when appointing a person as a member, specify a shorter term of office where an appointment for a shorter term is desirable to ensure that — (a) the terms of office of members expire at intervals that will produce reasonable continuity of membership; or (b) the terms of office expire on dates that afford the convenience of uniformity. (5) The Council may, before an election is held for the purposes of section 9(1), specify that the election of a person is for a shorter term of office where election for a shorter term is desirable for a reason referred to in subsection (4). [Section 9A inserted: No. 32 of 2016 s. 14.] 9B. Members' duties Schedule 1A Division 1 has effect. [Section 9B inserted: No. 8 of 2005 s. 7.] 10. Vacation of office If a member — (a) dies; or (b) resigns their office by written notice given to the Minister; or (c) is a person in respect of whom an administration order is in force under Part 6 of the Guardianship and Administration Act 1990; or (d) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (e) is convicted of an indictable offence; or (ea) is removed from office by the Council under section 10AA; or (eb) is, or becomes, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (f) is absent without leave of the Council from 3 consecutive meetings of the Council; or (g) ceases to hold the qualification required under section 9 for being a member, and in particular — (i) in the case of a person elected under section 9(1)(c), they cease to be a member of the academic staff; or (ii) in the case of a person elected under section 9(1)(d), they cease to be an enrolled student; or (iii) in the case of a person elected under section 9(1)(e), they cease to be a member of the non-academic salaried staff, their office becomes vacant and must be filled as a casual vacancy in accordance with section 10A. [Section 10 amended: No. 49 of 1971 s. 4; No. 37 of 1981 s. 9; No. 96 of 1986 s. 11; No. 24 of 1990 s. 123; No. 8 of 2005 s. 8; No. 18 of 2009 s. 28(2); No. 32 of 2016 s. 15.] 10AA. Removal of members for breach of certain duties and suspension pending removal (1) The Council may — (a) remove from office a member for breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3; (b) suspend from office a member who is alleged to have breached a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3 until the motion for removal is put to the vote. (2) The removal or suspension from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed or suspended from office for breach of duty) was duly given. (3) Despite section 13(1), the removal or suspension of a member from office may be effected only if the motion for removal or suspension is supported by a majority comprising enough of the members for the time being for their number to be at least two‑thirds of the total number of offices (whether vacant or not) of member. (4) The motion for removal or suspension must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing. (5) If the member to whom the motion for removal or suspension refers does not attend the meeting, a reasonable opportunity to reply to the motion is to be taken to have been given if notice of the meeting has been duly given. (6) The Council cannot remove or suspend from office a member for breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3 except in accordance with this section. (7) A person must not vote on any question relating to the person's removal or suspension from office by the Council for the breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3, or be present while the matter is being considered at a meeting. (8) This section applies only in relation to a breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3 that occurs after the Universities Legislation Amendment Act 2005 comes into operation. (9) A person does not breach a duty mentioned in Schedule 1A clause 1(1)(a), (b) or (c) by doing or omitting to do anything in compliance with a direction given to the person in exercise of a power conferred by a written law. (10) Subsection (9) does not extend to the manner in which a thing is done or omitted if it is done or omitted in a manner that is contrary to Schedule 1A clause 1(1)(a), (b) or (c) and the direction did not require that it be done in that manner. (11) The suspension from office of a member does not create a vacancy in that office. [Section 10AA inserted: No. 8 of 2005 s. 9; amended: No. 32 of 2016 s. 16.] 10A. Casual vacancies If a casual vacancy occurs in the office of a member, the vacancy is to be filled in the same manner as if that member's term of office had expired. [Section 10A inserted: No. 32 of 2016 s. 17.] 11. Meetings of Council (1) The Chancellor shall preside at all meetings of the Council at which he is present. (2) The members shall from time to time as occasion arises — (a) elect a person, whether a member or not, to be the Chancellor of the University for a term not exceeding 3 years; (b) elect one of its members to be the Pro‑Chancellor of the University for a term not exceeding 3 years. (3) At any meeting of the Council at which — (a) the Chancellor is not present, the Pro‑Chancellor of the University shall preside at the meeting; (b) the Chancellor and the Pro‑Chancellor of the University are not present, the members present at the meeting shall elect a member to preside at that meeting, and while so presiding the Pro‑Chancellor of the University or the member, as the case may be, has all the powers and duties of the Chancellor. (4) Subject to the Statutes, the Council shall hold such meetings thereof as are necessary for the performance of its functions. (5) Subject to the Statutes, the Chancellor may at any time convene a meeting of the Council and shall convene a meeting when requested in writing by the Minister to do so or when so requested by any 3 members. (6) Subject to this Act and the Statutes the Council may regulate its own procedure in such manner as it thinks fit. [Section 11 amended: No. 96 of 1986 s. 11; No. 32 of 2016 s. 18.] 12. Disclosure of interests Schedule 1A Division 2 has effect. [Section 12 inserted: No. 8 of 2005 s. 10.] 13. Quorum (1) At a meeting of the Council — (a) not less than one‑half of the total number of members for the time being forms a quorum; (b) a question arising at the meeting shall be determined by a majority of the valid votes of the members present. (2) No act or thing done by the Council is invalidated, prejudiced or affected by reason of any vacancy in the membership of the Council or any failure to appoint or elect any member, or any defect in the appointment or election of any member so long as a quorum of the Council remains. [Section 13 amended: No. 59 of 1982 s. 6.] 14A. Remuneration and allowances for Council members (1) A member of the Council is entitled to be paid the remuneration (if any) and allowances (if any) determined by the Salaries and Allowances Tribunal under the Salaries and Allowances Act 1975. (2) Any remuneration and allowances payable — (a) are, for the purposes of section 23(3), expenditure incurred by the Council for the purposes of giving effect to this Act; and (b) are to be paid out of the funds of the University. [Section 14A inserted: No. 32 of 2016 s. 19.] 14. Vice‑Chancellor (1) The Council must appoint a Vice‑Chancellor. (2) The Vice‑Chancellor is the chief executive officer of the University. (3) The Vice‑Chancellor holds office for the period and on the conditions the Council determines. (4) The Vice‑Chancellor has the powers and duties prescribed by Statute and, unless otherwise expressly provided by Statute, the Vice‑Chancellor may delegate any of those powers and duties to any person or committee of persons. (5) In addition to or instead of the title of Vice‑Chancellor, the Vice‑Chancellor may use any other title that is — (a) approved by the Council; or (b) prescribed by Statute. (6) The use by the Vice‑Chancellor, in accordance with subsection (5), of any title in addition to or instead of the title of Vice‑Chancellor does not affect the validity of anything done or omitted to be done by, to or in relation to the Vice‑Chancellor. [Section 14 inserted: No. 32 of 2016 s. 20.] 15. Delegation by Council (1) The Council may — (a) in relation to any matter or class of matters, or in relation to any activity or function of the University, by resolution delegate all or any of its powers, authorities, duties and functions under this Act, except its powers in relation to the making of Statutes or by‑laws, to — (i) any member; or (ii) a committee, council or other body of the University; or (iii) any officer of the University; and (b) in relation to any matter or class of matters affecting the Kalgoorlie Campus, or in relation to any activity or function of the Kalgoorlie Campus, by resolution delegate all or any of its powers, authorities, duties and functions under this Act, except its powers in relation to the making of Statutes or by‑laws, to the Kalgoorlie Campus Council. (2) The Council may by resolution revoke a delegation given under this section. (3) A resolution delegating a power, authority, duty or function may authorise the delegate to further delegate the delegated power, authority, duty or function to a person or body. (4) A subdelegation under this section must be in writing. (5) The Interpretation Act 1984 sections 58 and 59 apply to and in relation to a subdelegation under this section in the same way that they apply to and in relation to a delegation given under this section. [Section 15 inserted: No. 32 of 2016 s. 20.] 16. Power of management of Council Subject to this Act, the Council has the management and control of the property and affairs of the University and may do all such acts and things as it may think best calculated to promote the interests of the University. [Section 16 amended: No. 96 of 1986 s. 11.] 17. Power of Council to appoint and dismiss staff Subject to this Act, any relevant written law and any relevant industrial award or industrial agreement, the Council may appoint, suspend and terminate the appointment of any member of the staff of the University, whether a member of the academic or non‑academic staff and any such appointment shall be upon such terms and conditions as the Council thinks fit. [Section 17 amended: No. 31 of 1974 s. 4; No. 96 of 1986 s. 11; No. 32 of 2016 s. 21.] 17A. Power of University to provide residential accommodation for staff and students (1) The University may provide residential accommodation for staff of the University, or enrolled students, or both. (2) The restrictions imposed by section 5(2)(ea) do not apply to the lease of any part of the land referred to in section 5(2)(ea) if the purpose of the lease is the provision of residential accommodation in accordance with this section. [Section 17A inserted: No. 32 of 2016 s. 22.] 18. Power to award degrees, diplomas etc. (1) Subject to this Act, the Council may award — (a) appropriate degrees, diplomas and certificates; and (b) appropriate honorary awards. (2) Any degree, diploma or certificate or honorary award of the University awarded by the Council shall be evidenced by a certificate given under the graduation seal of the University. [Section 18 amended: No. 57 of 1970 s. 4; No. 31 of 1974 s. 5; No. 96 of 1986 s. 11.] [19. Deleted: No. 59 of 1982 s. 8.] 20. Vesting and control of certain land (1) The land described in Schedule 1 (in this section called the University land) shall be vested as provided in Schedule 1 in the University for the purposes of the University and for purposes incidental thereto. (2) When the University land ceases to be used for the purposes of or incidental to the University, it shall revert to and revest in the State. [(3) deleted] (4) Section 22D affects subsection (2). [Section 20 amended: No. 37 of 1968 s. 2; No. 31 of 1974 s. 6; No. 96 of 1986 s. 8 and 11; No. 35 of 1996 s. 7; No. 32 of 2016 s. 23.] 20A. By‑laws (1) In this section — authorised person means — (a) a police officer; or (b) the Vice‑Chancellor; or (c) a member of the staff of the University, or a contractor, who is authorised under subsection (2A) for the purposes of the provision of this section in which the term is used; contractor means — (a) an individual who works under a contract for services for the University; or (b) an employee of a body that provides services to the University under a contract; University lands means — (a) land described in Schedule 1; and (b) any other land vested in, held by, leased to or under the care, control and management of the University for the purposes of this Act; and (c) all buildings, structures and erections of whatsoever kind or nature and whether permanent or temporary standing or being on land referred to in paragraph (a) or (b). (2A) The Vice‑Chancellor may, in writing — (a) designate a member of the staff of the University to be an authorised person for the purposes of either or both of subsection (2)(k) or (4); and (b) authorise a contractor to be an authorised person for the purposes of either or both of subsection (2)(k) or (4); and (c) revoke a designation or authorisation made under this subsection. (2B) A designation or authorisation of a person under subsection (2A) ceases to have effect if — (a) the designation or authorisation is revoked; or (b) the person ceases to be a member of the staff of the University or a contractor. (2) The University may, with the approval of the Governor, make by‑laws for the purpose of managing, preserving, and protecting University lands and for the purpose of regulating the terms and conditions on which such lands may be visited or used by any persons whomsoever, and the conduct of such persons when on or upon such lands, and in particular may by by‑laws — (a) prohibit or regulate the admission to such lands of persons, vehicles, or animals; and (b) prescribe the times when and the purposes for which such lands may be used, and the times when and the purposes for which the same shall be open or closed, and prohibit the use thereof or access thereto at any other times, or for any other purpose; and (c) prescribe fees to be charged to all or any persons for admission to or use of such lands; and (d) provide for the issue to all or any persons using such lands of tickets and requiring the production of such tickets by such persons if and whenever required by any police officer, or any member of the staff of the University; and (e) regulate the conduct of persons using or being in or upon such lands; and (f) prohibit any nuisance, or any offensive, indecent, or improper act, conduct, or behaviour on such lands; and (g) prohibit the use of abusive or insulting language on such lands; and (h) prohibit damage or injury to or interference with such lands; or any tree, shrub, hedge, plant, or flower thereon, or any fixed or movable article thereon; and (i) prohibit the writing or printing of any indecent words, or the writing, printing, or drawing, or affixing of any indecent or obscene picture or representation on such lands, or on any fence, wall, tree, shrub, or hedge thereon; and (j) prescribe, in respect of an al