Western Australia: 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 alleged breach of the by‑laws involving a vehicle, the circumstances under which the owner of the vehicle is deemed to be the driver or person in charge of the vehicle at the time of the alleged breach; and (k) prescribe the circumstances under which an authorised person may remove a vehicle, or cause it to be removed, from University lands to a specified place, prescribe his further powers in relation thereto, prescribe the scale of charges to be paid to recover the vehicle from that place, and authorise the University to hold the vehicle until the prescribed charges are paid; and (l) prescribe a modified penalty or modified penalties payable to the University by a person or one of a class of persons who does not contest an allegation that he committed any specified breach of the by‑laws, and provide that the due payment of a modified penalty is a defence to a charge of the breach in respect of which that modified penalty was paid; and (m) authorise any police officer or any member of the staff of the University to remove from such lands all persons guilty of any breach of a by‑law, and to prohibit the obstruction of any such police officer or member of the staff; and (n) require any person using such lands to give his name and address, whenever required so to do by any police officer, or any member of the staff of the University; and (o) generally provide for carrying out the purposes of this Act, or any Statute, but no such by‑law shall be contrary to the express provisions of this Act or of any Statute. (3) The by‑laws — (a) may be limited in their application to time, place, or circumstance; and (b) may provide that any act or thing shall be done with the approval or to the satisfaction of a specified person or class of persons and may confer a discretionary authority. (4) Any by‑law may impose a penalty not exceeding $1 000 for any breach thereof and proceedings for the recovery of such penalty may be taken by any authorised person in his own name; but all pecuniary penalties shall be appropriated and paid to the University for its use. (5) In any proceedings for any contravention of any by‑law the allegation in the prosecution notice that any place was on University lands shall be sufficient evidence of the fact alleged in the absence of proof to the contrary. (6) No by‑law takes away or restricts any liability, civil or criminal, arising under any provision of any Act other than this Act or at common law. (7) A breach of a by‑law by an enrolled student is a disciplinary offence proceedings for which may be commenced, heard, and determined under the disciplinary Statutes, by‑laws, and rules of the University instead of before a court of summary jurisdiction. (8A) By‑laws made under this section apply to and in respect of University lands that are leased (whether under an approval given under section 22I or otherwise) except to the extent that the application of the by‑laws, or any provision of a by‑law, to the leased lands is expressly excluded by the lease. (8) Any act, matter, or thing for or with respect to which provision is made in this section, made, done, or executed before the coming into operation of the Western Australian Institute of Technology Act Amendment Act 1974 which would have been lawful if that Act had been in force at the time such act, matter, or thing was made, done, or executed is hereby validated. [Section 20A inserted: No. 31 of 1974 s. 7; amended: No. 96 of 1986 s. 11; No. 78 of 1995 s. 31; No. 35 of 1996 s. 8 and 33; No. 84 of 2004 s. 80; No. 32 of 2016 s. 24.] 21. Powers of Council Subject to this Act and the Statutes, the Council — (a) may provide such courses of education as it thinks fit and may in accordance with this Act award appropriate degrees, diplomas and certificates or honorary awards; and (b) may from time to time appoint persons to the staff of the University and other officers and engage employees for the University; and (c) has the entire control and management of the affairs, concerns and property of the University; and [(d) deleted] (e) may act in all matters concerning the University in such manner as appears to it best calculated to promote the objects and interests of the University. [Section 21 amended: No. 57 of 1970 s. 5; No. 96 of 1986 s. 9 and 11; No. 48 of 1989 s. 13; No. 32 of 2016 s. 25.] 21AA. Relief of members from liability If, in any civil proceeding against a person who is or was a member for negligence, default, breach of trust or breach of duty in the person's capacity as a member, it appears to the court that the person — (a) is, or may be, liable in respect of the negligence, default or breach; and (b) has acted honestly; and (c) ought fairly to be excused for the negligence, default or breach having regard to all the circumstances of the case, including those connected with the person's appointment, the court may relieve the person either wholly or partly from liability on such terms as the court thinks fit. [Section 21AA inserted: No. 8 of 2005 s. 11.] [Division 2A (s. 21A-21G) deleted: No. 32 of 2016 s. 26.] Division 2B — Kalgoorlie Campus [Heading inserted: No. 35 of 1996 s. 10.] 21H. Terms used In this Division, unless the contrary intention appears — Kalgoorlie Campus means the educational facility established under section 21I; Kalgoorlie Campus Council means the body established under section 21K. [Section 21H inserted: No. 35 of 1996 s. 10; amended: No. 32 of 2016 s. 27.] 21I. Kalgoorlie Campus (1) The Council is to maintain the educational facility at Kalgoorlie established as part of the University and known as the Curtin University — Kalgoorlie Campus. (2) The Kalgoorlie Campus — (a) must include a School of Mines known as the Western Australian School of Mines; and (b) may include any other facilities that are for the purposes of the University or a purpose that is incidental to the purposes of the University. (3) It is not necessary for all of the facilities or operations of the Western Australian School of Mines to be located on the Kalgoorlie Campus. [Section 21I inserted: No. 32 of 2016 s. 28.] 21J. Functions of Kalgoorlie Campus In addition to the functions of the University specified under section 7, the functions of the Kalgoorlie Campus include the following — [(a) deleted] (b) to aid the advancement, development, and practical application to industry, commerce and the community, of knowledge and technology; and (c) to contribute to the general cultural development of the community in the south‑east region of the State; and (d) to promote international recognition of the Western Australian School of Mines; and (e) to provide such facilities relating to the functions set out in this section as the Council thinks necessary for or conducive to those functions; and (f) to encourage community use of the Kalgoorlie Campus facilities. [Section 21J inserted: No. 35 of 1996 s. 10; amended: No. 32 of 2016 s. 29.] 21K. Kalgoorlie Campus Council A body by the name of the Kalgoorlie Campus Council is established. [Section 21K inserted: No. 35 of 1996 s. 10.] 21L. Functions of Kalgoorlie Campus Council (1) The Kalgoorlie Campus Council must act in all matters concerning the Kalgoorlie Campus in the manner that appears most likely to the Council to promote the objects and interests of the Kalgoorlie Campus and the University. (2) The Kalgoorlie Campus Council has the following governance functions — (a) to advise the Council on the promotion, development and coordination of the courses and programmes that are offered or to be offered by the Kalgoorlie Campus and that are, or some of which are, offered or to be offered elsewhere by the University; (b) to develop a strategic plan for the Kalgoorlie Campus for the approval of the Council, and review and monitor the implementation of the approved strategic plan, in accordance with any direction given to it by the Council; (c) to promote the activities carried out on the Kalgoorlie Campus in the communities in which the Campus operates and with relevant government and non‑government agencies; (d) to monitor the staffing, infrastructure development and financial management of the Kalgoorlie Campus. (3) The Kalgoorlie Campus Council also has the following functions — (a) to comply with any direction given to it by the Council, including any direction to prepare and provide to the Council a report; (b) not later than 2 months after each 31 December, to prepare and provide to the Council a report of the operations of the Kalgoorlie Campus during the period of 12 months immediately before that day. [Section 21L inserted: No. 32 of 2016 s. 30.] 21M. Membership of Kalgoorlie Campus Council (1) The Kalgoorlie Campus Council consists of the following members — (a) a member of the Council who is appointed by the Minister to be chairperson of the Kalgoorlie Campus Council; (b) 5 persons who are appointed by the Minister and who are representative of education, the professions, or industrial, commercial or community interests; (c) one person who is appointed by the Minister and who is representative of vocational education and training interests; (d) the person appointed to be responsible for the management of higher education at the Kalgoorlie Campus; (e) the member of the staff of the Kalgoorlie Campus who is responsible for academic and administrative leadership at the Kalgoorlie Campus; (f) a member of the higher education academic staff of the Kalgoorlie Campus and who is appointed by the Council of the University; (g) a member of the general staff (other than the academic staff) of the Kalgoorlie Campus and who is appointed by the Council of the University; (h) an enrolled student of the Kalgoorlie Campus and who is appointed by the Council of the University; (i) the Vice‑Chancellor or a person nominated in writing by the Vice‑Chancellor; (j) not more than 3 persons appointed from time to time by co‑option by the Kalgoorlie Campus 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. (2) The Minister must endeavour to ensure that at least one of the persons appointed under subsection (1)(b) is a resident of the Esperance region. [Section 21M inserted: No. 32 of 2016 s. 30.] 21N. Constitution and proceedings The provisions of Schedule 2 have effect with respect to the constitution and proceedings of the Kalgoorlie Campus Council. [Section 21N inserted: No. 35 of 1996 s. 10.] [21O. Deleted: No. 32 of 2016 s. 31.] 21PA. Remuneration and allowances for Kalgoorlie Campus Council members (1) A member of the Kalgoorlie Campus 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 21PA inserted: No. 32 of 2016 s. 31.] 21P. Delegation by Kalgoorlie Campus Council (1) The Kalgoorlie Campus Council may by resolution delegate any of its functions to — (a) any member of the Kalgoorlie Campus Council; or (b) a committee of persons appointed by the Kalgoorlie Campus Council; or (c) any other person. (2) The Kalgoorlie Campus Council may by resolution revoke a delegation given under this section. (3) A resolution delegating a function may authorise the delegate to further delegate the delegated 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 21P inserted: No. 32 of 2016 s. 31.] Division 2C — Leasing University land for commercial purposes [Heading inserted: No. 32 of 2016 s. 32.] Subdivision 1 — Preliminary [Heading inserted: No. 32 of 2016 s. 32.] 22A. Terms used In this Division — advance determination means an advance determination granted under section 22H; approval means an approval granted under section 22I; commercial arrangement means any of the following — (a) a company; (b) a partnership; (c) a trust; (d) a joint venture; (e) an arrangement for sharing profits; (f) an arrangement for sponsorship; commercial purpose means obtaining income for the University through the leasing of University land, if the land is not leased for the purposes of the University or a purpose that is incidental to the purposes of the University; lease includes sublease; limited company has the meaning given in the Corporations Act 2001 (Commonwealth) section 9; participate includes form, promote, establish, enter into, manage, dissolve and wind‑up; participate in a commercial arrangement includes — (a) acquire, hold and dispose of shares, units or other interests in, or relating to, a commercial arrangement; and (b) exercise any right conferred on the University to appoint a director of, or hold office in, a commercial arrangement; and (c) do anything incidental to participating in a commercial arrangement; payment agreement means an agreement made under section 22L; university development proposal means a proposal in respect of which the University intends to seek an approval under section 22I to do either or both of the things set out in section 22D(1); University land means land vested in the University under section 20 or 31. [Section 22A inserted: No. 32 of 2016 s. 32.] 22B. Object of this Division The object of this Division is to enable the University to seek and obtain the Minister's approval to lease University land for purposes that would not otherwise be authorised by this Act. [Section 22B inserted: No. 32 of 2016 s. 32.] 22C. Effect of Division on University functions, powers and obligations (1) This Division does not limit — (a) sections 5 and 7; or (b) any function, power, right, privilege, immunity or obligation of the University under — (i) this Act, another written law or a law of the Commonwealth or of another State or a Territory; or (ii) the principles and rules of common law and equity to the extent that they have effect in this State from time to time. (2) Nothing in this Division is to be taken to impose any requirement on the University to seek or obtain the Minister's approval to lease any University land. (3) Nothing in this Division affects the University's obligation under section 5(2)(ea) to obtain the Minister's approval to the grant of a lease for a term that exceeds 21 years. [Section 22C inserted: No. 32 of 2016 s. 32.] Subdivision 2 — Power to lease University land for commercial purposes [Heading inserted: No. 32 of 2016 s. 32.] 22D. University may lease University land for commercial purposes with Ministerial approval (1) With the approval of the Minister, the University can — (a) enter into a transaction that has a commercial purpose; or (b) participate, in the State or elsewhere, in any commercial arrangement that has a commercial purpose. (2) An approval can authorise the University to enter into a transaction, or participate in a commercial arrangement, either — (a) directly; or (b) through a wholly‑owned subsidiary (as defined in the Corporations Act 2001 (Commonwealth) section 9) of the University. (3) An approval to lease University land can be granted on the basis that subleases of that land (whether all subleases, or only subleases of a particular class or granted in particular circumstances) can be granted without the need to seek or obtain an approval to the granting of those subleases. (4) Subsection (3) is subject to any conditions attached to the approval. (5) An approval — (a) confers power, for the purposes of this Act, on the University to do the thing authorised by the approval; but (b) does not exempt the University or any other person from compliance with, or authorise the University or any other person to do or omit to do anything contrary to — (i) any other written law or any law of the Commonwealth or of another State or a Territory; or (ii) any obligation of the University or any other person, however that obligation arises. [Section 22D inserted: No. 32 of 2016 s. 32.] 22E. Effect of approval to lease University land (1) To the extent that an approval authorises the University to lease University land, land leased in accordance with the approval is to be taken to be used for the purposes of the University or for purposes incidental to the purposes of the University for the purposes of — (a) compliance with any conditions, restrictions or limitations (however arising) attaching to the vesting of that land in the University or the holding, care, control or management, by the University, of that land; and (b) any provision of any written law (including, without limitation, section 20(2)) that specifies that something is to happen or not to happen, or provides for some other consequence, if that land is not used, or ceases to be used, for the purposes of the University or for purposes incidental to the purposes of the University. (2) The Land Tax Assessment Act 2002 section 33 overrides this section. [Section 22E inserted: No. 32 of 2016 s. 32.] 22F. Approval in principle of university development proposal (1) The University may apply to the Minister for the approval in principle of a university development proposal. (2) The university development proposal submitted for approval in principle must describe what the University intends to seek an approval under section 22I for, including — (a) details of the University land that is to be leased; and (b) the purpose for which the land is to be leased. (3) If the University applies for an approval in principle — (a) the application must be made in the manner and form, and contain the information, that the Minister requires; and (b) the Minister may request the University to provide any additional information that the Minister considers necessary for the proper consideration of the application; and (c) the Minister may grant or refuse to grant the approval in principle. (4) The Minister must — (a) notify the University in writing of the Minister's decision on the application; and (b) if the decision is to refuse to grant the approval in principle, include in that notification the reasons for the refusal. [Section 22F inserted: No. 32 of 2016 s. 32.] 22G. Application for advance determination of approval (1) The University may apply to the Minister for a determination that, if an application is made for an approval under section 22I in relation to a university development proposal, the approval will be granted. (2) In order to apply for an advance determination, it is not necessary that the University has applied for or obtained an approval in principle under section 22F in relation to the university development proposal. (3) The university development proposal submitted for advance determination must describe the transaction or commercial arrangement for which the University intends to seek an approval under section 22I, including — (a) details of the University land that is to be leased; and (b) the purpose for which the land is to be leased; and (c) the financial details of the proposal, including the amount of the investment to be made by the University, the proposed lessee and any other parties involved. (4) If approval in principle was previously obtained under section 22F in relation to the proposal, the application for the advance determination must identify any material difference between the proposal approved in principle and the proposal submitted for advance determination. (5) If the University applies for an advance determination — (a) the application — (i) must be made in the manner and form, and contain the information, that the Minister requires; and (ii) if required by the Minister, must be accompanied by a payment agreement; and (b) the Minister may request the University to provide any additional information that the Minister considers necessary for the proper consideration of the application. [Section 22G inserted: No. 32 of 2016 s. 32.] 22H. Advance determination of approval (1) If the University applies under section 22G for an advance determination in relation to a university development proposal, the Minister may grant or refuse to grant the advance determination. (2) The Minister must grant the advance determination if — (a) approval in principle was previously obtained under section 22F in relation to the proposal; and (b) the Minister is satisfied that, in respect of the matters referred to in section 22F(2)(a) and (b), there is no material difference between the proposal approved in principle and the proposal submitted for advance determination; and (c) the Minister is satisfied with the application submitted in relation to the proposal. (3) The Minister must — (a) notify the University in writing of the Minister's decision on the application; and (b) if the decision is to refuse to grant the advance determination, include in that notification the reasons for the refusal. (4) In granting an advance determination, the Minister may specify a time after which the advance determination lapses. (5) Before the advance determination lapses, the Minister may, at the request of the University, by notice in writing to the University, extend the period for which the advance determination is to be in force. [Section 22H inserted: No. 32 of 2016 s. 32.] 22I. Approvals (1) The University may apply to the Minister for approval to do either or both of the things set out in section 22D(1). (2) If the University applies for an approval — (a) the application — (i) must be made in the manner and form, and contain the information, that the Minister requires; and (ii) if required by the Minister, must be accompanied by a payment agreement; and (b) the Minister may request the University to provide any additional information that the Minister considers necessary for the proper consideration of the application. (3) In order to apply for an approval, it is not necessary that the University has applied for or obtained an approval in principle under section 22F, or an advance determination, in relation to the matter for which the approval is sought. (4) The Minister may grant or refuse to grant the approval. (5) However, the Minister must grant the approval if the Minister is satisfied that — (a) an advance determination is in force in respect of the matter for which the approval is sought; and (b) there is no material deviation from the application for the advance determination. (6) For the purposes of subsection (5)(b), there is a material deviation from the application for the advance determination if any of the following changes have occurred — (a) the total area of University land that is to be leased has increased by 20% or more; (b) the amount of the investment to be made by the University has increased or decreased by 20% or more. [Section 22I inserted: No. 32 of 2016 s. 32.] 22J. Notification of decision on application for approval (1) The Minister must — (a) notify the University in writing of the Minister's decision on an application for an approval; and (b) if the decision is to refuse to grant the approval, include in that notification the reasons for the refusal. (2) The Minister may attach conditions to an approval, and those conditions must be specified in the approval. [Section 22J inserted: No. 32 of 2016 s. 32.] 22K. Alteration of approval (1) The Minister may, at the request of the University, vary or revoke the conditions attached to an approval or attach new or additional conditions. (2) The Minister cannot make changes to the terms of an approval under subsection (1) unless the University agrees to the changes, but — (a) the Minister is not obliged to make any or all of the changes requested by the University; and (b) the Minister may propose variations, alternatives or additions to the changes requested by the University; and (c) the Minister may refuse to change the terms of an approval unless the University agrees to variations, alternatives or additions proposed by the Minister. [Section 22K inserted: No. 32 of 2016 s. 32.] 22L. Payment agreements (1) If the University intends to apply for an advance determination or an approval, the Minister may enter into a written agreement with the University for the University to reimburse the State for the reasonable costs and expenses incurred by the Minister in considering the application. (2) If permitted by the regulations, those costs and expenses may include the reasonable costs and expenses incurred by, or by the Minister on behalf of, any person or body appointed to consider and report to the Minister on the application. (3) Regulations may make provision for and in relation to a payment agreement, including in connection with — (a) the ambit of an agreement; (b) the making of an agreement; (c) the costs and expenses to be paid under an agreement, including as to the method of calculating the costs and expenses; (d) the methods for resolving any dispute about the costs and expenses that are to be paid under the agreement. [Section 22L inserted: No. 32 of 2016 s. 32.] 22M. Minister may delegate functions under this Division (1) In this section — Department means the Department of the Public Service principally assisting the Minister in the administration of this Act. (2) The Minister may delegate to the chief executive officer of the Department all or any of the functions that the Minister has under this Division, other than this power of delegation. (3) A delegation made under subsection (2) must be in writing signed by the Minister. (4) If the chief executive officer performs a function that has been delegated to the chief executive officer under this section, the chief executive officer is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Minister to perform a function through an officer or agent. [Section 22M inserted: No. 32 of 2016 s. 32.] Division 3 — Financial provisions 22. Application of Financial Management Act 2006 and Auditor General Act 2006 (1) Subject to subsection (4), the provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the University and its operations. [(2) deleted] (3) Notwithstanding the Financial Management Act 2006, the financial year of the Council shall end on 31 December. (4) Notwithstanding the provisions of the Financial Management Act 2006 — (a) sections 13, 14 and 40 do not have effect in relation to the University; and (b) section 78(1) of that Act has effect in relation to the University as if it had been enacted in the following form — " (1) The Treasurer may issue, amend or revoke instructions concerning — (a) the annual report required to be prepared under Part 5; and (b) the establishment and keeping of the accounts of statutory authorities, including the accounts of subsidiary bodies and related bodies; and (c) the form and content of financial statements and reports on the operations of statutory authorities and their subsidiary bodies and related bodies, including information to be disclosed in respect of affiliated bodies; and (d) the preparation of key performance indicators of statutory authorities and their subsidiary bodies and related bodies. ". [Section 22 inserted: No. 98 of 1985 s. 3; amended: No. 96 of 1986 s. 11; No. 32 of 1991 s. 2; No. 35 of 1996 s. 36; No. 77 of 2006 Sch. 1 cl. 42(1)-(3).] 23. Funds of University (1) The funds available to the Council for the purpose of enabling it to exercise its powers, authorities, duties and functions under this Act are — (a) moneys from time to time appropriated by Parliament for that purpose; and (b) moneys received by the Council by way of fees, charges, gifts, bequests or otherwise whether paid or made to the University or the Council; and (ca) moneys received by the Council or the University, where the moneys are derived from something that the University is authorised to do by an approval granted under section 22I; and (c) moneys borrowed by the University under this Act; and (d) moneys made available to the Council or the University for the purposes of this Act. (2) The moneys referred to in subsection (1) are to be credited to — (a) an agency special purpose account established under section 16 of the Financial Management Act 2006; or (b) an account or accounts established at a bank (as defined in section 3 of that Act) or accounts established at banks. (2a) The account, or each account, established for the purposes of subsection (2) is to be called the Curtin University Account. (3) All expenditure incurred by the Council for the purposes of giving effect to this Act, including the repayment of moneys borrowed by or advanced to the University in accordance with this Act, is to be charged to an account referred to in subsection (2). [Section 23 amended: No. 57 of 1969 s. 4; No. 37 of 1981 s. 11; No. 96 of 1986 s. 11; No. 49 of 1996 s. 52 and 64; No. 77 of 2006 Sch. 1 cl. 42(4); No. 32 of 2016 s. 33.] 24. Borrowing and other ways of raising money (1) In this section — debt paper means inscribed stock, bonds, debentures with coupons annexed, bills of exchange, promissory notes or bearer securities, or other similar instruments evidencing indebtedness. (2) The University may do all or any of the following — (a) borrow money; (b) obtain credit; (c) issue, acquire, hold or dispose of debt paper; (d) create and issue capital instruments; (e) arrange for financial accommodation to be extended to the University. (3) Capital instruments created and issued by the University under subsection (2)(d) — (a) may be described in any way determined by the University; and (b) are to be created and issued on whatever terms the University determines. (4) The University must keep whatever registers for the purposes of this section as are prescribed by regulations made under this Act. [Section 24 inserted: No. 32 of 2016 s. 34.] 25A. Notice of borrowing (1) If the University intends to borrow money and seek a guarantee under section 25B in respect of that borrowing, the University must — (a) give the Minister reasonable advance notice of its intention to borrow that money and to seek a guarantee; and (b) notify the Minister of the outcome of the University's application to borrow that money. (2) A liability of the University is not unenforceable or in any way affected by the University's failure to comply with subsection (1). [Section 25A inserted: No. 32 of 2016 s. 34.] 25B. Guarantees (1) The Treasurer, on the Minister's recommendation, may guarantee the performance by the University in the State or elsewhere, of any financial obligation of the University. (2) A guarantee — (a) is given in the name and on behalf of the State; and (b) must be in the form, and contain the terms and conditions, that the Treasurer determines; and (c) without limiting paragraph (b), must be subject to the condition that the person for whose benefit the guarantee is given must not, without the consent in writing of the Treasurer, assign or encumber the benefit of the guarantee. (3) Before a guarantee is given, the University must — (a) give the Treasurer any security that the Treasurer requires; and (b) execute all instruments that are required for that purpose. (4) Payments made by the Treasurer under a guarantee are to be charged to the Consolidated Account, and this subsection appropriates that Account accordingly. (5) The Treasurer must cause to be credited to the Consolidated Account any amounts received or recovered from the University or otherwise in respect of any payment made by the Treasurer under a guarantee. [Section 25B inserted: No. 32 of 2016 s. 34.] 25C. Charges for guarantee (1) The Treasurer may, from time to time, after consultation with the University, fix charges to be paid by the University in respe