Murdoch University Act 1973 (WA)

Western Australia Murdoch University Act 1973 Western Australia Murdoch University Act 1973 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 Part 2 — Murdoch University 4. Murdoch University 4 5. Objects of University 4 6. Functions of University 4 8A. Power of University to provide residential accommodation for staff and students 6 Part 3 — Constitution of University 8. Constitution 7 9. Visitor 7 10. Chancellor 7 11. Deputy Chancellor 8 12. Senate 8 13. Nominations Committee 11 14. Term of office of members 12 14A. Duties of Senate members 13 15. Resignation, disqualification and vacation of office 13 15A. Removal of Senate members for breach of certain duties and suspension pending removal 14 16. Casual vacancies 16 17. Functions of Senate, its powers and duties 16 17A. Disclosure of interests 17 17B. Relief of Senate members from liability 17 18. Delegation by Senate 18 19A. Remuneration and allowances for Senate members 18 20. Guild of Students 19 20A. Amenities and services fee 20 20B. Senate to include detail in Statute 21 21. Academic Council 21 22. Degrees and academic distinctions 22 23. Vice‑Chancellor 23 Part 4 — By‑laws, Statutes and regulations 24. By‑laws 24 25. Statutes 28 26A. Approval, publication, disallowance and proof of Statutes and by‑laws 30 26B. Statutes and by‑laws to be made readily available to public 31 26. Regulations made by Senate 32 28A. Regulations made by Governor 32 Part 5 — University lands and financial provisions Division 1 — Vesting of lands in University 28. Power to vest certain lands in University 33 Division 2 — Financial provisions and dealings in land 29. Financial provisions and dealings in land 33 30A. Exemption from rate or tax 35 30. Special powers of investment 35 31. Trust moneys 36 32A. Borrowing and other ways of raising money 37 32B. Notice of borrowing 38 32C. Guarantees 39 32D. Charges for guarantee 39 Division 3 — Leasing University land for commercial purposes Subdivision 1 — Preliminary 32E. Terms used 40 32F. Object of this Division 41 32G. Effect of Division on University functions, powers and obligations 41 Subdivision 2 — Power to lease University land for commercial purposes 32H. University may lease University land for commercial purposes with Ministerial approval 42 32I. Effect of approval to lease University land 43 32J. Approval in principle of university development proposal 44 32K. Application for advance determination of approval 45 32L. Advance determination of approval 46 32M. Approvals 47 32N. Notification of decision on application for approval 48 32O. Alteration of approval 48 32P. Payment agreements 49 32Q. Minister may delegate functions under this Division 49 Division 4 — Miscellaneous 33. Superannuation scheme for University staff etc. 50 34. Application of Financial Management Act 2006 and Auditor General Act 2006 51 Part 6 — Validation and transitional provisions Division 1 — Validations 35. Certain leases of University land validated 53 Division 2 — Transitional provisions for Universities Legislation Amendment Act 2016 36. Term used: commencement day 57 37. Transitional provisions (Senate) 57 38. Transitional provisions (guarantees) 58 39. Transitional provisions (Statutes and by‑laws) 58 Schedule 1 — Senate members Division 1 — Duties 1. Duties 59 Division 2 — Disclosure of interests 2. Disclosure of interests 60 3. Voting by interested members 60 4. Clause 3 may be declared inapplicable 60 6. Minister may declare clause 3 inapplicable 61 Notes Compilation table 62 Defined terms Western Australia Murdoch University Act 1973 An Act to establish and incorporate Murdoch University, to make provision for the government of the University, and for incidental and other purposes. Part 1 — Preliminary [Heading inserted: No. 32 of 2016 s. 90.] 1. Short title This Act may be cited as the Murdoch University Act 1973 1. 2. Commencement This Act shall come into operation on a date to be fixed by proclamation 1. 3. Terms used (1) In this Act, unless the context otherwise requires — absolute majority means a majority of all the persons for the time being holding office; Academic Council means the Council established in accordance with section 21; casual vacancy means a vacancy arising in the office of a member of the Senate otherwise than by reason of the effluxion of time; Chancellor means the Chancellor of the University; Deputy Chancellor means the Deputy Chancellor of the University; examination means an examination conducted by the University or 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; Guild means the Guild of Students of Murdoch University incorporated under section 20; prescribed means prescribed by this Act, a by‑law or Statute, as is required; regulation means a regulation made under section 26; 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 students, or both; Statute means a Statute of the University in force pursuant to this Act; student means a student enrolled in the University; Treasurer means the person holding or acting in the office of Treasurer of the State; University land means — (a) the land described in certificate of title Vol 2812 Folio 355; and (b) any land vested in the University under section 28(1); Vice‑Chancellor means the Vice‑Chancellor of the University; Visitor means the Visitor of the University. (2) Any question arising as to whether a person is or is not a member of the academic or other staff, or an officer or employee of the University, shall be determined by the Senate and the decision of the Senate thereon is final. [Section 3 amended: No. 10 of 1998 s. 54(1); No. 32 of 2016 s. 91.] Part 2 — Murdoch University [Heading inserted: No. 32 of 2016 s. 92.] 4. Murdoch University (1) There shall be in the State of Western Australia a university, to be called "Murdoch University". (2) The University shall be a body corporate and shall have perpetual succession and an official seal. (3) Subject to the provisions of this Act, the University — (a) may, in its corporate name acquire, accept, hold, deal with, charge, or dispose of real and personal property; and (b) is capable of suing and being sued in its corporate name and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (4) All courts, judges and persons acting judicially shall take notice of the official seal of the University affixed to a document and shall presume that it was duly affixed. (5) The official seal of the University shall be kept in strict custody and shall not be used except in accordance with the direction of the Chancellor or as is prescribed by Statute. 5. Objects of University The objects of the University shall be the advancement of learning and knowledge, and the provision of university education. 6. Functions of University (1) The functions of the University 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 to meet the needs of the community; (c) 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; (d) 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; (e) to generate revenue for the purposes of funding the carrying out of its functions; (f) 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 the facilities that are necessary or conducive to the attainment of the objects of the University and the performance of its functions. (2) The University has all the powers, rights and privileges that 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 6 inserted: No. 32 of 2016 s. 93.] [7. Deleted: No. 32 of 2016 s. 93.] 8A. Power of University to provide residential accommodation for staff and students (1) The University may provide residential accommodation for staff of the University, or students, or both. (2) The restrictions imposed by section 29(1)(ga) do not apply to the lease of any part of the land referred to in section 29(1)(ga) if the purpose of the lease is the provision of residential accommodation in accordance with this section. [Section 8A inserted: No. 32 of 2016 s. 93.] Part 3 — Constitution of University [Heading inserted: No. 32 of 2016 s. 94.] 8. Constitution The University shall consist of — (a) the Senate; and (b) such members of the academic and other staff of the University as are prescribed by Statute; and (c) graduates of the University; and (d) the students for the time being; and (e) such other persons, if any, as are prescribed by Statute. [Section 8 inserted: No. 57 of 1997 s. 92(1); amended: No. 32 of 2016 s. 95.] 9. Visitor (1) The Governor is the Visitor of the University, and has the functions that Visitors usually have. (2) As Visitor, the Governor may act without obtaining the advice and consent of the Executive Council. [Section 9 inserted: No. 32 of 2016 s. 96.] 10. Chancellor (1) The Senate must elect a person to hold office as Chancellor of the University. (2A) A person who is not a member of the Senate at the time the person is elected to hold office as Chancellor is a member of the Senate for so long as the person holds office as Chancellor. (2) Where the Chancellor is elected from amongst the members of the Senate the election creates a casual vacancy in the office of member of the Senate. (3) Subject to section 15, the Chancellor holds office for a term not exceeding 3 years to be determined by the Senate and is eligible for re‑election. (4) The Chancellor shall preside at all meetings of the Senate at which the Chancellor is present. [Section 10 amended: No. 10 of 1998 s. 54(2); No. 32 of 2016 s. 97.] 11. Deputy Chancellor (1) There shall be a Deputy Chancellor of the University who shall be elected by the members of the Senate from amongst their number. (2) Subject to subsection (2a) and section 15, the Deputy Chancellor holds office for a term not exceeding 3 years to be determined by the Senate and is eligible for re‑election. (2a) The Deputy Chancellor ceases to hold office if he ceases to be a member of the Senate. (3) In the absence of the Chancellor, or where there is a vacancy in the office of Chancellor, the Deputy Chancellor shall preside at all meetings of the Senate at which the Deputy Chancellor is present and may exercise all the functions of the Chancellor. [Section 11 amended: No. 10 of 1998 s. 54(3) and (4); No. 32 of 2016 s. 98.] 12. Senate (1) The Senate consists of the following members — (a) the Chancellor; (b) the 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) 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; (e) 2 persons who are 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; (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) 3 members appointed by the Governor on the recommendation of the Minister; (h) not more than 5 persons co‑opted to serve as members of the Senate by an absolute majority of the other members; (i) the person for the time being the President of the Academic Council. (1A) The fact that a person holds an elective office (for example, an elective office of the Guild) does not disqualify that person from being appointed or holding office under subsection (1). (2) The following persons are not eligible to be a member of the Senate under subsection (1)(f), (g) or (h) — (a) a full‑time member of the staff of the University; (b) a part‑time or casual employee of the University who works for at least 50% of the minimum time required to be worked by a full‑time member of staff; (c) a student. (2a) Of the members of the Senate — (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). (3) The Senate may, from time to time, appoint a committee or committees, which may comprise persons who are not members of the Senate, to advise the Senate on such matters relating to its functions as are referred by the Senate to a committee. (4) Subject to the requirements as to a quorum, the Senate or a committee has power to act notwithstanding any vacancy among its members or that any number of members has not been appointed or elected at the time of the proceedings. (5) All acts done at any meeting of the Senate, or a committee, shall notwithstanding that it is afterwards discovered that there was some defect in the election, appointment or qualification of a person purporting to be a member, be as valid as if that defect had not existed. (6) The quorum to constitute a meeting of the Senate may be prescribed by Statute but shall not be less than 8 persons. (7) Each member shall have a deliberative vote at any meeting of the Senate and, unless otherwise provided by Statute, where there is an equality of votes the person presiding has a casting vote as well as a deliberative vote. (8) Subject to this Act, and to any Statute, the Senate may determine its own procedure. [Section 12 amended: No. 38 of 1976 s. 2; No. 7 of 1978 s. 2; No. 26 of 1980 s. 3; No. 7 of 1988 s. 22; No. 22 of 1996 s. 16(8); No. 36 of 1999 s. 247; No. 8 of 2005 s. 25; No. 32 of 2016 s. 99.] 13. Nominations Committee (1) The Senate must establish and maintain a committee of the Senate called the Nominations Committee. (2) The Nominations Committee is to consist of not more than 6 members of the Senate appointed by the Senate. (3) The following members are not eligible to be appointed to the Nominations Committee — (a) the Vice‑Chancellor; (b) the member of the Senate referred to in section 12(1)(c); (c) the member of the Senate referred to in section 12(1)(d); (d) the members of the Senate referred to in section 12(1)(e); (e) the members of the Senate referred to in section 12(1)(f); (f) the President of the Academic Council. (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 any member of the Senate who is appointed by the Governor or the Senate; (b) to recommend to the Minister suitable candidates for appointment to a vacancy or casual vacancy in the office of any member of the Senate who is appointed under section 12(1)(g); (c) to recommend to the Senate suitable candidates for appointment by cooption under section 12(1)(h). (5) The fact that the Nominations Committee or the Senate has not recommended a person for appointment under section 12(1) does not prevent the person from being appointed or holding office under section 12(1). (6) The Nominations Committee may regulate its own procedure, but it must comply with any direction given by the Senate. [Section 13 inserted: No. 32 of 2016 s. 100.] 14. Term of office of members (1) Subject to section 15 — (a) a member appointed under section 12(1)(g) 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 12(1)(c), (d) 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 12(1)(e) 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 coopted) or elected member, on the expiry of their term of office — (a) may be reappointed or re‑elected, if they continue to be qualified under section 12; 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 12(1)(e) may be re‑elected once, but only once, on the expiry of their term of office, if they continue to be qualified under section 12. (4) The Governor or the Senate 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 Senate may, before an election is held for the purposes of section 12(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 14 inserted: No. 32 of 2016 s. 100.] 14A. Duties of Senate members Schedule 1 Division 1 has effect. [Section 14A inserted: No. 8 of 2005 s. 27.] 15. Resignation, disqualification and vacation of office (1) The Chancellor may resign their office by written notice given to the Minister. (2) The Deputy Chancellor or a member of the Senate may resign their office by written notice given to the Minister. (3) A person who — (a) is a person in respect of whom an administration order is in force under Part 6 of the Guardianship and Administration Act 1990; or (b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (c) is convicted of an indictable offence; or (ca) is, or becomes, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or (d) has their appointment terminated by the Governor for inability, inefficiency or misbehaviour, is not capable of holding office under this Act and on the happening of any such event the person's office becomes vacant and the person is not eligible for re‑appointment. (3a) A member of the Senate who is removed from office by the Senate under section 15A is not eligible to be a member again until — (a) in the case of a member elected by the students, one year has elapsed since the removal; or (b) in the case of any other member, 3 years have elapsed since the removal. (4) If a person who is a member of the Senate ceases to hold the required qualification under section 12 for being a member, the person's office as member becomes vacant. (5) The office of a member of the Senate shall be vacated if, without leave obtained from the Senate, the member has been absent from all meetings of the Senate for 6 consecutive months, or has been absent from more than one‑half of the meetings of the Senate during any period of 12 consecutive months. [Section 15 amended: No. 24 of 1990 s. 123; No. 8 of 2005 s. 28; No. 18 of 2009 s. 58; No. 32 of 2016 s. 101.] 15A. Removal of Senate members for breach of certain duties and suspension pending removal (1) The Senate may — (a) remove from office a member of the Senate for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3; (b) suspend from office a member of the Senate who is alleged to have breached a duty mentioned in Schedule 1 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 Senate 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 12(6), the removal or suspension 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 of the Senate for their number to be at least two‑thirds of the total number of offices (whether vacant or not) of member of the Senate. (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 Senate cannot remove or suspend from office a member of the Senate for breach of a duty mentioned in Schedule 1 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 Senate for the breach of a duty mentioned in Schedule 1 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 1 clause 1(1), 2(1) or 3 that occurs after the Universities Legislation Amendment Act 2005 comes into operation 1. (9) A person does not breach a duty mentioned in Schedule 1 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 1 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 of the Senate does not create a vacancy in that office. [Section 15A inserted: No. 8 of 2005 s. 29; amended: No. 32 of 2016 s. 102.] 16. Casual vacancies If a casual vacancy occurs in the office of a member of the Senate, the vacancy is to be filled in the same manner as if that member's term of office had expired. [Section 16 inserted: No. 32 of 2016 s. 103.] 17. Functions of Senate, its powers and duties (1) The governing body of the University shall be the Senate. (2) Subject to the provisions of this Act, the Senate — (a) shall have the entire control and management of the affairs and concerns of the University and may act in all matters concerning the University in the manner which to it appears most likely to promote the objects and interests of the University; (b) shall appoint, and may vary or terminate the appointment of, the academic and other staff, officers and employees of the University; (c) in the name and on behalf of the University and in accordance with the Statutes and regulations made under section 26, shall have the power to award degrees and other academic distinctions, and may grant honorary degrees and other distinctions on approved persons, and may for good cause deprive persons of any degree or other distinction granted or awarded by the University; (d) in the name and on behalf of the University, may, with the approval of the Governor and in the manner and to the extent by this Act provided, make, alter and repeal by‑laws for the purpose of managing, preserving and protecting the lands of the University and regulating the use of those lands by any person and the conduct of persons when on or upon those lands; (e) may, with the approval of the Governor and in the manner by this Act provided, make, alter and repeal Statutes with respect to the constitution, management, good government and discipline of the University. [Section 17 amended: No. 103 of 1975 s. 2; No. 48 of 1989 s. 17; No. 32 of 2016 s. 104.] 17A. Disclosure of interests Schedule 1 Division 2 has effect. [Section 17A inserted: No. 8 of 2005 s. 30.] 17B. Relief of Senate members from liability If, in any civil proceeding against a person who is or was a member of the Senate for negligence, default, breach of trust or breach of duty in the person's capacity as a member of the Senate, it appears to the court that the person — (a) is, or may be, liable in respect of the negligence, default or breach; (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 17B inserted: No. 8 of 2005 s. 30.] 18. Delegation by Senate (1) The Senate may, 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 and functions under this Act (except its powers in relation to the making of by‑laws, Statutes, and regulations made under section 26) to any — (a) member of the Senate; or (b) committee, council or other body of the University; or (c) officer of the University. (2) The Senate 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 18 inserted: No. 32 of 2016 s. 105.] [19. Deleted: No. 32 of 2016 s. 106.] 19A. Remuneration and allowances for Senate members (1) A member of the Senate 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 are to be paid out of funds of the University. [Section 19A inserted: No. 32 of 2016 s. 106.] 20. Guild of Students (1) The Guild of Students of Murdoch University shall be established as a body corporate under that name, and by virtue of this section, on 1 September 1976, unless prior to that date the Guild is so established as a body corporate by the Senate, which the Senate is hereby empowered to do. (2) The Guild shall be an organized association of students for the furthering of the common interests of its members, and shall be the recognised means of communication between students and the Senate, in accordance with any Statutes that the Senate makes. (2a) Any student is eligible to be a member of the Guild. (2b) The University shall not act in a way that may dissuade or discourage a student, or person seeking enrolment as a student, from being or becoming a member of the Guild. [(2c) deleted] (2d) No academic benefit, right or privilege shall be denied to or withheld from any student by reason of that student being or not being a member of the Guild. (3) The functions of the Guild, its powers and duties, authorities, obligations and privileges shall be prescribed by Statute together with such other matters as are considered by the Senate to be necessary or desirable to ensure the effective exercise of those functions. (4) When established as a body corporate the Guild in its corporate name shall have perpetual succession and an official seal, may sue and be sued and, subject to the Statutes, may do and suffer such other acts and things as bodies corporate may by law do and suffer. (5) A student becomes a member of the Guild upon enrolment, for the period of enrolment, unless at the time of enrolment that student elects not to become a member. (6) Subject to subsection (7), a student becomes a member of the Guild upon enrolment, for the period of enrolment. (7) A student may — (a) elect at the time of enrolment not to become a member of the Guild; and (b) resign at any time as a member of the Guild. (8) A student cannot hold an elective office of the Guild unless that student is a member of the Guild. [Section 20 amended: No. 61 of 1977 s. 7; No. 51 of 1983 s. 9; No. 91 of 1994 s. 13; No. 44 of 2002 s. 10; No. 32 of 2016 s. 107.] 20A. Amenities and services fee (1) A Statute made under section 25 may provide for an annual amenities and services fee to be payable by students, and (without limitation) for that purpose may — (a) prescribe the procedures to be followed in setting that fee; (b) prescribe the persons by whom the fee is payable, and exempt or provide for the exemption of persons or classes of persons from payment of the fee; (c) provide for different levels of the fee to be payable by different classes of persons; (d) provide for the reduction, waiver or refund, in whole or in part, of the fee; (e) prescribe terms and conditions on which any amount of the total fees collected is to be paid to the Guild, including conditions to be met before some or all of the amount may be paid to the Guild; (f) provide for the Senate to decide how the amount of the total fees collected (after deducting the amount that is paid to the Guild) is to be spent, after consultation by the Senate with the Guild. (2) This section does not limit section 25. (3) The Senate must pay to the Guild an amount that is not less than 50% of the total amount of the annual amenities and services fees collected. [Section 20A inserted: No. 32 of 2016 s. 108.] 20B. Senate to include detail in Statute (1) The Senate must prescribe, by Statute — (a) the broad categories of amenities and services to which the Guild may apply the fees paid to the Guild; and (b) the process for determining those categories. [(2) deleted] (3) The Senate shall prescribe, by Statute, the measures by which the Guild is to account for the fees received, and those measures shall include — (a) a requirement that the annual financial statements of the Guild are to be audited by an independent external auditor whose appointment requires Senate approval; and (b) a requirement for the Guild to provide a copy of each audited balance sheet, and an annual statement of the Guild's income and expenditure, to the Senate. [(4) deleted] [Section 20B inserted: No. 44 of 2002 s. 11; amended: No. 32 of 2016 s. 109.] 21. Academic Council (1) It shall be the duty of the Senate to establish by Statute an Academic Council. (2) The membership of the Academic Council shall consist of — (a) the Vice‑Chancellor; (b) members of the academic staff of the University appointed by virtue of their office; (c) persons elected from amongst the members of the University; and (d) persons co‑opted by reason of their qualifications, interest or experience for the purpose of making a specific contribution to the deliberations of the Academic Council. (3) The number of members who shall comprise the Academic Council from time to time, the method of their appointment and selection, their term of office, the conduct of proceedings and all other matt