Monash University Calendar

Acts

Monash University Act 1958

Part 1
Part 2

Act No. 6184/1958

An Act to provide for the Establishment and Incorporation of a University to be known as Monash University, and for other purposes.

Be it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

	1. Short title
	(1) This Act may be cited as the Monash University Act 1958.
*S.1(2) amended by No. 8181 s.2(1) (Sch. item 2), repealed by No. 22/1990 s.24(a).*	* * *
	2. Definitions
	In this Act unless inconsistent with the context or subject-matter -
	'Council' means the Council of Monash University established pursuant to this Act;
	'graduates' means the persons whose names are inscribed pursuant to the Statutes on a roll kept by the Council of the names of the holders of such degrees conferred by the University as are prescribed by the Statutes in that behalf;
	'prescribed' means prescribed by this Act or the Statutes or regulations of the University;
*S.2 def. of 'professor' amended by Nos. 8494 s.2(a), 10109 s.4, 22/1990 s.17(a).*	'professor' means a member of the teaching staff of the University entitled under the Statutes to the rank of professor, and does not include an associate professor, an adjunct professor, an emeritus professor or a visiting professor;
	'regulations' means regulations made under the Statutes;
	'Statutes' means Statutes of the University made by the Council under this Act;
*S.2 def. of 'students' inserted by No. 8494 s.2(b).*	'students' means the persons or classes of persons defined by the statutes as constituting the students of the University;
	'teaching staff' means the persons or classes of persons defined by the Statutes as constituting the teaching staff;
	'University' means Monash University established and incorporated under this Act.

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Part 1

Division 1 - The University

	3. Establishment of Monash University
*S.3(1) amended by Nos. 7128 s.2, 7362 s.3(1), 8494 s.3.*	(1) There shall be established in Victoria a University to be known as 'Monash University' consisting of a Council, the professors, members of the teaching staff and members of the faculties within the University, such other members of the staff of the University, other than the teaching staff, as may from time to time be designated in that behalf by the Council and the graduates and students of the University.
	(2) The University shall be a body politic and corporate by the name of 'Monash University' and shall have perpetual succession and a common seal and shall be capable in law of suing and of being sued and of taking purchasing holding demising selling transferring conveying mortgaging or otherwise disposing of real and personal property for the purposes of and subject to this Act and of doing and suffering all acts matters and things which bodies corporate may by law do and suffer:
*S.3(2) Proviso repealed by No. 70/1997 s.38.*	* * *
	4. Custody and use of common seal
	(1) The common seal of the University shall be kept in such custody as the Council directs and shall not be used except by resolution of the Council or in such other manner as may be authorised by the Statutes.
	(2) All courts and persons acting judicially shall take judicial notice of the common seal of the University affixed to any document and until the contrary is proved shall presume that it was duly affixed thereto.
	5. Objects of University
	The objects of the University shall be as follows: *(a)* To provide facilities for study and education and to give instruction and training in all such branches of learning as may from time to time be prescribed by the Statutes, including, without limiting the generality of the foregoing, Pure Science, Applied Science and Technology, Engineering, Agriculture, Veterinary Science, Medicine, Law, Arts, Letters, Education and Commerce;
S.5(b) amended by No. 26/2003 s.24(a).	*(b)* To aid by research and other means the advancement of knowledge and the pursuit of the benefits of its practical application to primary and secondary industry and commerce;
S.5(ba) amended by No. 26/2003 s.24(b).	*(ba)* To promote critical enquiry within the university and in the general community;
*S.5(c) amended by No. 22/ 1990 s.17(b).*	*(c)* To confer after examination the several degrees of Bachelor Master and Doctor and such other degrees and diplomas as are prescribed by the Statutes; and
*S.5(d) amended by Nos. 70/ 1995 s.3, 70/1997 s.39.*	*(d)* To provide facilities for University education throughout Victoria and elsewhere by the affiliation of existing institutions, organisations or bodies to the University, by the creation of new institutions, organisations or bodies to be affiliated to the University, by the establishment of tutorial classes, correspondence classes, University extension classes and vacation classes and by such other means as the Council deems appropriate - and in the giving of instruction and training in any branch of learning the University shall aim to foster a desire for learning and culture and for a knowledge of the social and cultural as well as the technical and practical aspects of that branch of learning and an understanding of its relation to the whole field of human life and knowledge.

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Division 2 - The Council

S.6 substituted by No. 40/2005 s.44	6. Council responsibilities
	(1) The Council is the governing body of the University and has the entire direction and superintendence of the University.
	(2) The primary responsibilities of the Council include - *(a)* appointing and monitoring the performance of the Vice Chancellor as chief executive officer of the University; *(b)* approving the mission and strategic direction of the University and its annual budget and business plan; *(c)* overseeing and reviewing the management of the University and its performance; *(d)* establishing policy and procedural principles for the operation of the University consistent with legal requirements and community expectations; *(e)* approving and monitoring systems of control and accountability of the University, including those required to maintain a general overview of any entity controlled by the University in accordance with section 50AA of the Corporations Act; *(f)* overseeing and monitoring the assessment and management of risk across the University, including commercial undertakings; *(g)* overseeing and monitoring the academic activities of the University; *(h)* approving any significant commercial activities of the University.
S.7 amended by Nos. 6712 s.2(a)(b), 7362 s.3(2)(a)-(c), 7533 ss 2(5), 3(2), substituted by No. 8494 s.4, amended by No. 22/1990 s.21(1)(a), substituted by Nos. 22/1990 s.18, 70/1997 s.40	7. Composition of Council
	(1) The Council shall consist of - *(a)* the Chancellor; *(b)* the Vice-Chancellor and President; *(c)* the Chairperson of the Academic Board; *(d)* 3 persons elected by and from the staff of the University prescribed by the Statutes; *(e)* 2 persons elected by and from the students enrolled at the University prescribed by the Statutes; *(f)* 6 persons appointed by the Governor in Council; *(g)* one person appointed by the Minister; *(h)* 6 persons appointed by the Council.
	(2) If the Chairperson of the Academic Board is not a professor or an associate professor, one of the members of staff elected under subsection (1)(d) must be elected from the staff who are professors or associate professors.
	(3) If the Chairperson of the Academic Board is the Vice-Chancellor and President of the University, the Deputy Chairperson of the Academic Board is to be a member of the Council for the purposes of subsection (1)(c).
*S.7(4)(a-c) substituted by No. 40/2005 s.45.*	(4) The Governor in Council, the Minister and the Council must have regard to appointing members to the Council who have - (a) the knowledge, skills and experience required for the effective working of the Council; *(b)* an appreciation of the values of a University relating to teaching, research, independence and academic freedom; *(c)* the capacity to recognise the needs of the external community served by the University.
	(5) Not more than 3 members of the Council appointed under subsection (1)(f) and (h) may be persons whose normal place of residence is outside Australia.
S.7(6)(7) amended by No. 40/2005 s.46	(6) At least 12 members of the Council must be persons who are neither enrolled as a student nor employed as a member of staff of the University.
	(7) A person who is a member of the Parliament of Victoria or of the Commonwealth or of any other State or Territory of Australia must not be elected or appointed to the Council except under sub-section (1)(h).
S.8 heading inserted by No. 26/2003 s.25. S.8 substituted by Nos. 8494 s.5, 70/1997 s.41	8. Term and conditions of office of Council members
	Subject to this Act a member of the Council - (a) appointed by the Governor in Council, the Minister or the Coucil holds office until 31 December in the second year next following the year his or her apointment takes effect; *(b)* elected by members of staff holds office until 31 December in the year next following the year his or her election takes effect; *(c)* elected by enrolled students holds office until 31 December in the year his or her election takes effect;
S.8(1A)(a)(b), (1B), (1C) inserted by No. 40/2005 s.46	(1A) Despite sub-section (1)(a) - *(a)* the Governor in Council or the Council may appoint a member until 31 December in the year, or in the year following the year, the member's appointment takes effect to ensure that 2 offices of the members appointed by the Governor in Council or the Council (as the case requires) fall vacant each year; *(b)* a member of the Council appointed in accordance with paragraph (a) holds office for the period specified in his or her instrument of appointment.
	(1B) A member elected or appointed to the Council is eligible to be re-elected or re-appointed to the Council at the end of the member's term of office, but not so as to extend his or her period in office to exceed 12 years (whether consecutive or not).
	(1C) Sub-section (1B) does not apply to a member elected or appointed to the Council whose membership of the Council exceeds 12 years if the Council passes a resolution that the person may continue to be a member beyond that period.
S.8(2) amended by No. 26/2003 s.25.	(2) An elected or appointed member of the Council, other than a member who holds a full-time office on the staff of the University, a full-time office under the Crown in any of its capacities or a full-time office in a statutory authority, at the discretion of the Council, may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
S.8(3)(a)(b)amended by No. 26/2003 s.25.	(3) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council - *(a)* a member of the Federal Parliament or the Legislative Council or the Legislative Assembly; *(b)* the Chief Justice and other Justices of the High Court of Australia
*S.8(4)(a)-(d) amended by No. 26/2003 s.25.*	(4) A member of the Council is not to be taken to hold an office of profit under the Crown that would - *(a)* prevent the member sitting or voting as a member of the Legislative Council or the Legislative Assembly; or *(b)* make void the member's election to the Legislative Council or the Legislative Assembly; or *(c)* prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or *(d)* subject the member to any liability or penalty under the Constitution Act 1975.
	9. Vacation of office
	(1) Any member appointed by the Governor in Council may at any time be removed by the Governor in Council.
S.9(2) substituted by No. 70/1997 s.42(1).	(2) Any change in the membership or the academic rank of a member of the Council under section 7(1)(c) does not affect the membership of the Council by a person elected under section 7(1)(d) during the term of appointment under section 7(1)(d).
S.9(3) amended by Nos. 8494 s.6, 70/1997 s.42(2).	(3) If any member of the Council elected or appointed by reason of his being a member of the staff of the University or a student ceases to hold the qualification in respect of which he was elected or appointed his office as a member of the Council shall become vacant.
S. 9(4) amended by No. 10109 s.5.	(4) Subject to section 21(5) if any member of the Council becomes entitled to be a member thereof ex officio he shall be deemed and taken to hold office as a member ex officio and his place on the Council thereby vacated shall be filled in the manner provided for the filling of casual vacancies.
S.9(5) inserted by No. 40/2005 s.47(1).	(5) The office of a member of the Council becomes vacant if the member - *(a)* is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act; or *(b)* has failed to attend, without the Council's prior approval, 3 consecutive ordinary meetings of the Council.
S.10 substituted by No. 40/2005 s.47.	10. Council's power of removal
	(1) Without limiting sections 9 and 14 and the powers of the Governor in Council under section 9, the Council may remove a member from office in accordance with this section.
	(2) The Council may only remove a member from office if it is of the opinion that the member has failed to comply with the responsibilities of a member of the Council.
	(3) The Council must not remove a member from office unless - *(a)* another member gives notice at an ordinary meeting of the Council of an intention to move a motion for the member to be removed from the Council and sets out in the notice the grounds for removal; and *(b)* the member gives that notice no later than at the last ordinary meeting of the Council before the meeting at which the motion to remove the member will be put to the Council; and *(c)* if the member to be removed is not present at the meeting at which that notice is given, the Council gives the member written notice of the intention and sets out in the notice the grounds for removal; and *(d)* the Council gives the member to be removed an opportunity, at or before the meeting where the motion for removal is to be considered, to make submissions in writing or personally before the Council of the reasons why the member should not be removed from the Council; and *(e)* by a majority of two-thirds of the members present at the meeting, the Council passes a resolution removing the member from office on the grounds stated in the notice given under this section.
S.11 substituted by No. 40/2005 s.49	11. Conduct of elections
	Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the Statutes.
S.12 substituted by No. 40/2005 s.49.	12. Filling of vacancies on retirement
	The appointment or election of a person as a member of the Council to fill a vacancy caused by the retirement of a member at the end of a term of office - *(a)* except in the case of members appointed by the Council, may be made within 6 months before the date of the end of the term of office of the retiring member and takes effect at the end of that term of office; and *(b)* in the case of members appointed by the Council must be made on or before the last scheduled meeting of the Council before the end of the term of office of the retiring member.
S.12(c) inserted by No. 8494 s.8.	*(c)* the appointments of other members to be appointed by co-option shall be made at a meeting of the Council held on or after that date.
	13. Provision in case of failure of election
	In any case where - *(a)* at any election of elective members of the Council - (i) no seats or vacancies are filled; or (ii) a number of seats or vacancies less than the whole number which should have been filled is filled; or
	*(b)* any election of elective members of the Council should have been held but is not held - the seats and vacancies which should have been filled and are not filled shall severally be deemed to be casual vacancies and the members eventually elected to fill the seats or vacancies shall be entitled to continue in office as if elected at such election.
S.14 amended by No. 8494 s.9, amended by No.40/2005 s.47(2)	14. Vacation of office
	If any member of the Council by writing under his hand directed to the Chancellor of the University resigns his office, or becomes of unsound mind, or becomes bankrupt, or is convicted of any indictable offence, or ceases to hold any qualification required for his becoming or being a member of the Council or is removed or dies his office shall become vacant, and every vacancy in the office of any appointed or elected member arising otherwise than by the expiration of the term for which the member was appointed or elected shall be deemed a casual vacancy.
	15. Filling of casual vacancies
	(1) Any casual vacancy in the office of elected or appointed member of the Council shall be filled by the election or appointment of a member to fill the vacancy.
S.15(1A) inserted by No. 8494 s.10(a).	(1A) Where a member of the Council by writing under his hand directed to the Chancellor of the University resigns his office to the intent that the resignation take effect on a later day, a member may be elected or appointed before the later day to fill the vacancy when it arises.
	(2) The member so elected or appointed shall have the like qualification (if any) as the member whose office has become vacant.
	(3) The election or appointment shall be made by the person or body of persons by whom or which the member whose office has become vacant was elected or appointed.
*S.15(4) amended by Nos. 8494 s.10(b), 70/1997 s.43(1). Proviso substituted by No. 70/ 1997 s.43(2).*	(4) A member elected or appointed to fill a casual vacancy shall subject to this Act be entitled to hold office during the residue of the term of the member whose place he fills.
S.15(5) inserted by No. 70/ 1997 s.43(2).	(5) If the vacancy occurs within 3 months before the expiry of a member's term of office, the office may be left vacant for the remainder of the term.
S.15(6) inserted by No. 70/ 1997 s.43(2).	(6) Despite section 7(1)(f), the minister, after consultation with the Chancellor, may appoint a person to a casual vacancy in the office of a member who is required by that provision to be appointed by the Governor in Council.
	16. Election of Chancellor to be by members of Council, etc.
*S.16(1) substituted by No. 7218 s.3(1)(a), amended by No. 40/2005 (a) s.49.*	(1) The members of the Council shall from time to time as occasion arises elect or appoint a person, whether a member of the Council or not, to be the Chancellor of the University for such term and subject to such conditions as are prescribed by the Statutes.
*ss. 16(2 & 3) repealed by No. 40/2005 s.49(b).*	* * *
	17. Election of Deputy Chancellor
*S.17(1) amended by Nos. 7128 s.4(1)(a), 22/1990 s.19(a)*	(1) The members of the Council shall from time to time as occasion arises elect not more than three of its members to be Deputy Chancellors of the University for such term and subject to such conditions as are prescribed by the Statutes.
S.17(2) amended by No. 22/1990 s.19(b).	(2) In the absence of the Chancellor or during any vacancy in the office of Chancellor or during the inability of the Chancellor to act a Deputy Chancellor shall have all the powers and duties of the Chancellor.
S.17(3) repealed by No. 40/2005 s.52(2).	* * *
S.18 substituted by No.22/1990 s.20.	18. Chairing of meetings
	At a meeting of the Council, the Chancellor or, in his or her absence, a Deputy Chancellor elected by the members present at the meeting shall preside and, in the absence of the Chancellor and all the Deputy Chancellors, the members of the Council present at the meeting shall elect a chairman of the meeting.
S.19 amended by No. 8494 s.11(a)(b)	19. Council member's responsibilities
S.19 (1) substituted by No 26/2003 s.26, amended by No. 40/2005 s.50(1)(a)	(1) A member of the Council must act in the interests of the University as a whole and is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who elected or appointed the member.
S.19 (2) substituted by No 26/2003 s.26, amended by No. 40/2005 s.50(1)(b).	(2) A member of the Council must not make improper use of his or her position on the Council including the improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.
S.19(3)(a-c) inserted by No. 40/2005 s.50(2).	(3) A member of the Council, in carrying out his or her functions and duties, must - *(a)* except in the case of members appointed by the Council, may be made within 6 months before the date of the end of the term of office of the retiring member and takes effect at the end of that term of office; and; *(b)* exercise appropriate care and diligence; *(c)* take reasonable steps to avoid all conflicts of interest unless they are disclosed in accordance with section 19A.
S.19A amended by No. 40/2005 s.50(3)	19A. Declaration of interests of Council members
S.19A (1) inserted by No. 26/2003 s.26, amended by No. 40/2005 s.50(4).	(1) A member of the Council who has an interest in a matter being considered or about to be considered by the Council must, as soon as practicable, after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the Council or in writing addressed to the Chancellor.
S.19A (2) inserted by No. 26/2003 s.26.	(2) If the Chancellor receives a written declaration under sub-section (1), the Chancellor must report it or cause it to be reported, at the next meeting of the Council.
S.19A (3) inserted by No. 26/2003 s.26.	(3) The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the minutes of the meeting.
*S.19A (4)(a)-(c) inserted by No. 26/2003 s.26.*	(4) After a declaration is made under sub-section (1) by a member of the Council -
	*(a)* unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and
	*(b)* the member is not entitled to vote on the matter; and
	*(c)* if the member does vote on the matter, the vote must be disallowed.
	20. Decisions of Council
S.20(1) amended by No. 10109 s.6.	(1) All questions which are to be decided by any meeting of the Council shall be decided by the majority of the members present, and voting.
	(2) The chairman at any meeting shall have a vote and in the case of equality of votes upon any question a second or casting vote.
	(3) No question shall be decided at any meeting of the Council unless at least eight members are present at the meeting.
S. 20A inserted by No. 70/1995 s.4.	20A. Resolutions without meetings of the Council
	(1) If a majority of the members for the time being of the Council sign a document circulated by, or on behalf of, the Chancellor containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the Council held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.
	(2) If a resolution is, under subsection (1), taken to have been passed at a meeting of the Council, each member must be advised as soon as practicable and given a copy of the terms of the resolution.
	(3) For the purposes of subsection (1), two or more seperate documents containing a statement in identical terms, each of which is signed by one or more members, shall be taken to constitute one document.
	(4) In this section, 'member', in relation to a resolution, does not include a member who, by reason of section 19, is not permitted to vote on the resolution.
S.20B inserted by No. 70/1995 s.4	20B. Approved methods of communication for Council meetings
	(1) If not less than two thirds of the membersof the Council for the time being holding office so agree, a meeting of the Council may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the Chancellor for the purposes of that meeting.
	(2) For the purposes of this Division, a member of the Council who participates in a meeting held as permitted by subsection (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.
	(3) In this section, 'meeting' includes a part of a meeting.
S.21 substituted by No. 7217 s.2(1), *amended by No. 22/ 1990 s.21(1)(b).*	21. Vice-Chancellor and President
	(1) The Council shall appoint a person (whether a member of the Council or not) to be Vice-Chancellor and President of the University.
*S.21(2) amended by No. 22/ 1990 s.21(1)(b).*	(2) The Vice-Chancellor and President shall hold office for such period and on such conditions as the Council determines.
*S.21(3) amended by No. 22/ 1990 s.21(1)(b).*	(3) Subject to this Act the Vice-Chancellor and President shall be the Chief executive officer of the University and shall as such have such powers and duties as are conferred or imposed upon him by the Statutes and regulations and unless otherwise expressly provided by the Statutes or the regulations the Vice-Chancellor and President shall have power to delegate any of his powers and duties to any member or committee of the University.
*S.21(4) inserted by No. 10109 s.7, amended by No.22/1990 s.21(1)(b)*.	(4) If a person is appointed pursuant to the Statutes of the University as an acting Vice-Chancellor and President during the absence or following the death or retirement of the Vice-Chancellor and President , the person so appointed shall, during the period of that appointment, have all the powers and duties of the Vice-Chancellor and President and shall be a member of the Council ex officio in place of the Vice-Chancellor and President.
*S.21(5) inserted by No. 10109 s.7, amended by No. 22/1990 s.21(1)(b).*	(5) Notwithstanding section 9(4), where a person appointed as acting Vice-Chancellor and President is already a member of Council that person's place on Council shall not be vacated.
	22. Professors, officers and servants
*S.22 amended by No. 40/2005 s.50.*	Subject to this Act and the Statutes and regulations of the University the Council may appoint and at any time dismiss all professors members of the teaching staff officers and servants of the University.
	23. Conferring of degrees etc.
*S.23(1) amended by No. 10109 s.8.*	(1) Subject to the Statutes and regulations of the University the Council may after examination confer any degree or award any diploma.
*S.23(2) substituted by No. 6712 s.3*	(2) The Statutes may provide - *(a)* for the admission without examination to any degree of any person who has graduated at any other university; and *(b)* for the admission honoris causa to any degree of any person whether or not he has graduated at a university.
	(3) The persons on whom degrees are conferred pursuant to the last preceding subsection shall be entitled to the same rights and privileges as those who have graduated after examination in the University.
S.23(4) amended by No. 8494 s.12.	(4) All degrees conferred by the University shall be evidenced by a certificate in such form as the Council may from time to time determine.
S.23(5) inserted by No. 70/1995 s.5	(5) If the Statutes so provide, the Council may, in the circumstances and manner prescibed in the Statutes, revoke any degree or diploma conferred or awarded by the University, whether before or after the commencement of section 5 of the University Acts (Further Amendment) Act 1995.
	24. Committees and delegation of powers
S.24(1) amended by No. 8494 s.13(a)(b).	(1) The Council may by resolution constitute and appoint such committees (whether consisting wholly or partly of members of the Council or not) as it thinks fit and may by resolution delegate all or any of its powers authorities duties and functions (other than this power of delegation and the power to make Statutes) to any such committee of which at least half the members are members of the Council or to any member of the Council or to any officer of the University.
	(2) Every delegation under this section shall be revocable by resolution of the Council and no such delegation shall prevent the exercise or discharge by the Council of any of its powers authorities duties or functions.
S.24A inserted by No. 22/1990 s.22.	24A. University Colleges
	(1) The Council, by Statute - *(a)* may constitute any part of the University as a University College of the University; and *(b)* may make such provision as it thinks fit for or with respect to the governance of the University College, including, without limiting the generality of the foregoing, the establishment of an Advisory Council for the College to advise the Council of the University on the management and development of the College.
	(2) An Advisory Council of a University College, despite anything in this Act - *(a)* may by resolution constitute and appoint such committees (consisting wholly or partly of members of the Advisory Council) as it thinks fit; and *(b)* by resolution, may delegate all or any of its powers, authorities, discretions and functions (other than this power of delegation) - (i) to any such committee of which at least half the members are members of the Advisory Council; or (ii) to any members of the Advisory Council; or (iii) to any officer of the University College.
*S.24B inserted by No. 10/ 1992 s.14*	24B. Victorian College of Pharmacy
	(1) There shall be a College of the University called 'Victorian College of Pharmacy'.
	(2) The College - *(a)* shall have the powers and duties that are respectively conferred or imposed on it by this Act or by the Statutes or regulations; and *(b)* shall consist of the persons that are declared by the Statutes or regulations to be members of the College.
	(3) A dean of the College shall be appointed from time to time in accordance with the Statutes.
	(4) The Statutes or regulations may provide for all or any of the powers and duties conferred or imposed on the College by the Statutes or regulations to be exercised or performed by the College Board.
	(5) There shall be a governing body of the Victorian College of Pharmacy to be called the College Board consisting of the persons declared by the Statutes or regulations to be members of the Board.
	(6) Subject to the Statutes and regulations the College and the College Board may regulate their own proceedings.
	(7) The dean of the College has the powers and duties conferred on the dean by this Act and the Statutes and regulations of the University.
*S.24C inserted by No. 70/ 1995 s.6.*	24C. Resolutions without meetings of the College Board
	(1) If a majority of the members for the time being of the College Board sign a document circulated by, or on behalf of, the dean of the Victorian College of Pharmacy containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the College Board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.
	(2) If a resolution is, under subsection (1), taken to have been passed at a meeting of the College Board, each member must be advised as soon as practicable and given a copy of the terms of the resolution.
	(3) For the purposes of subsection (1), two or more seperate documents containing a statement in identical terms, each of which is signed by one or more members, shall be taken to constitute one document.
	(4) In this section, 'College Board' means the College Board referred to in section 24B(5)
*S.24D inserted by No. 70/ 1995 s.6.*	24D. Approved methods of communication for College Board meetings
	(1) If not less than two thirds of the membersof the College Board for the time being holding office so agree, a meeting of the College Board may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the dean of the Victorian College of Pharmacy for the purposes of that meeting.
	(2) For the purposes of this Division, a member of the College Board who participates in a meeting held as permitted by subsection (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.
	(3) In this section - (a) 'College Board' means the College Board referred to in section 24B(5); (b) 'meeting' includes a part of a meeting.
	25. Saving of proceedings of Council
	No proceeding of the Council or of any committee thereof shall be invalidated or rendered illegal by reason only of there being a vacancy in the number of members of the Council at the time of such proceeding or by reason only of any number of members of the Council not having been appointed or elected at the time of such proceeding; and all proceedings of the Council or of any committee thereof or of any person acting as a member of the Council shall, notwithstanding that it may afterwards be discovered that there was some defect in the election or appointment of the members of the Council or of the committee or of the person acting as aforesaid or that they or any of them were incapable of being members of the Council or of the committee, be as valid as if every such person had been duly elected or appointed to the Council or committee and was capable of being a member.
S.25A inserted by No. 10109 s.9.	25A. Indemnities
	The University shall indemnify and keep indemnified each member of the Council and any member of a Committee constituted by resolution of the Council or by or under a Statute or regulation against all actions or claims (whether arising during or after the term of office of that member) in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of any powers or duty conferred or imposed upon the Council or Committee or upon any member or members of the Council by or under this Act.

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Division 3 - The Academic Board

Pt 1 Div.3 (Heading) substituted by No. 22/1990 s.23(1)	26. Academic Board
S.26(1) amended by Nos. 7217 s.2(2), 8494 s.14, substituted by No. 22/1990 s.23(2), amended by No. 40/2005 s.52.	(1) There shall be an Academic Board consisting of the Chancellor, the Deputy Chancellors, the Vice-Chancellor and President, the heads of academic support units of the University and such other members, being professors, members of staff or students, as are elected or appointed to be members of the Academic Board in accordance with the Statutes.
S.26(2) amended by Nos. 22/1990 s.23(3)(a), 70/ 1997 s.44(2).	(2) The Academic Board - (a) may make to the Council any recommendation about the academic affairs of the University and in particular may make to the Council such recommendations as it thinks proper with respect to studies and examinations, admission to degrees and discipline in the University; (b) shall report to the Council on all matters submitted to it by the Council for report; (c) shall have such other powers and duties as are conferred or imposed upon it by this Act and the Statutes and regulations of the University; and (d) subject to any Statutes and regulations of the University may regulate its own proceedings.
S.26A inserted by No. 70/ 1995 s.7.	26A. Resolutions without meetings of the Academic Board
	(1) If a majority of the members for the time being of the Academic Board sign a document circulated by, or on behalf of, the chairperson of the Board containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the Academic Board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.
	(2) If a resolution is, under subsection (1), taken to have been passed at a meeting of the Academic Board, each member must be advised as soon as practicable and given a copy of the terms of the resolution.
	(2) If a resolution is, under subsection (1), taken to have been passed at a meeting of the Academic Board, each member must be advised as soon as practicable and given a copy of the terms of the resolution.
	(3) For the purposes of subsection (1), two or more seperate documents containing a statement in identical terms, each of which is signed by one or more members, shall be taken to constitute one document.
S.26B inserted by No. 70/ 1995 s.7.	26B. Approved methods of communication for Academic Board meetings
	(1) If not less than two thirds of the membersof the Academic Board for the time being holding office so agree, a meeting of the Academic Board may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the chairperson of the Board for the purposes of that meeting.
	(2) For the purposes of this division, a member of the Academic Board who participates in a meeting held as permitted by subsection (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.
	(3) In this section 'meeting' includes a part of a meeting.

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Division 4 - The Faculties

	27. Faculties
S.27(1) amended by Nos. 6712 s.4, 7128 s.5(1), substituted by No. 7362 s.4(a).	(1) For the better organisation and administration of the academic affairs of the University the Council may from time to time by Statute establish faculties within the University.
*S.27(1A) inserted by No. 7362 s.4(a)*	(1A) A faculty - (a) shall have such powers and duties as are respectively conferred or imposed upon it by this Act or by the Statutes or regulations; and (b) shall consist of such persons as are declared by the Statutes or regulations to be members of the faculty.
*S.27(1B) inserted by No. 7362 s.4(a), substituted by No. 8494 s.15(a).*	(1B) A dean of each faculty shall from time to time as occasion arises be appointed in accordance with the Statutes.
*S.27(1C) inserted by No. 7362 s.4(a).*	(1C) The Statutes or regulations may provide for all or any of the powers and duties conferred or imposed upon a faculty by the Statutes or regulations to be exercised or performed by a governing body or bodies constituted under the Statutes or regulations for that purpose.
*S.27(1D) inserted by No. 7362 s.4(a), amended by Nos. 8494 s.15(b)(i)(ii), 22/1990 ss.19(c), 21(1)(c).*	(1D) A governing body of a faculty shall consist of the Chancellor the Deputy Chancellors the Vice-Chancellor and President the dean of the faculty and such other members of the faculty and other persons as are elected or appointed to be members of the governing body in accordance with the Statutes or regulations.
*S.27(1E) inserted by No. 7362 s.4(a).*	(1E) Subject to the Statutes and regulations each faculty and each governing body thereof may regulate its own proceedings.
	(2) The deans of the several faculties shall as such have such powers and duties as are conferred or imposed upon them by this Act and the Statutes and regulations of the University.

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Division 5 - Statutes and Regulations

	28. Power to Council to make Statutes
	(1) Subject to this Act the Council may make Statutes for or with respect to all matters concerning the University and in particular without affecting the generality of the foregoing for or with respect to - (a) the discipline of the University;
	*(b)* the number remuneration and manner of appointment and dismissal of the professors and the teaching staff and the officers and servants of the University;
	*(c)* the matriculation of students;
	*(d)* the examinations for fellowships, scholarships, prizes, exhibitions, degrees and diplomas, and the granting thereof;
*S.28(1)(e) amended by No. 70/1995 s.8(1)(a)(b).*	*(e)* the recognition, in lieu of or for the purpose of any examination or course of study, of prior learning, including but not limited to any course of study completed or examination passed in any educational institution;
	*(f)* the fees to be charged for matriculation or for any examination degree or diploma or any certificate;
	*(g)* the fees to be charged for all classes and lectures within the University;
	*(h)* the manner and time of convening meetings of the Council;
	*(i)* the affiliation with the University of any educational, commercial, cultural, sporting or other institution, organisation or body if - (i) the affiliation would assist in attaining any of the objects of the University; and (ii) the governing body of the institution, organisation or body has consented to the affiliation;
	*(j)* the licensing of boarding houses intended for the accommodation of students, and the revocation of such licences;
	*(k)* the establishment by the Council of hostels and halls of residence for students and the management control and closing of any such hostels and halls;
	*(l)* the exercising by agreement with the owner or governing body of any hostel or hall not established by the Council of powers of control and management of and in relation to that hostel or hall;
	*(m)* the arrangement of accommodation for students;
	*(n)* the making of loans from the students' loan fund, the number of such loans to be made in each year, the terms and conditions of such loans, including the interest payable thereon and the manner of repayment;
*S.28(na) inserted by No. 40/2005 s.52(1).*	*(na)* elections conducted by or on behalf of the Council including voting by post, electronic voting and preferential voting;
	*(o)* generally prescribing or providing for any matter or thing authorised or directed to be prescribed or provided for by this Act or necessary or expedient to be prescribed or provided for for the good government of the University - and the Council may by a later Statute revoke or amend any such Statute.
	(2) Any Statute made by the Council may provide for - *(a)* the making of regulations, either by the Council or (subject to such conditions as the Statute may impose) by any faculty or by the Academic Board or other body or person specified in the Statute, for or with respect to prescribing or providing for any matter or thing for the purposes of the Statute; *(b)* the manner of promulgation of any such regulation; and *(c)* the revocation or amendment of any such regulation.
	29. Manner of making and proving Statutes and regulations
*S.29(1) amended by No. 70/ 1997 s.45*.	(1) All Statutes made by the Council pursuant to this Act shall be in writing and the common seal of the University having been affixed thereto shall be submitted to the Minister for his approval and upon being approved by the Minister shall be of full force and effect as from the day upon which the approval of the Minister is given or from such later day as may be specified in the Statute, and the production of a verified copy of any such Statute under the common seal of the University shall be sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially.
*S.29(2) amended by No. 22/ 1990 s.23(3)(c)*.	(2) All regulations made pursuant to any Statute, whether made by the Council or by any faculty or the Academic Board or other body or person, shall be of full force and effect as from the day on which they are promulgated in accordance with the Statute under which they are made or from such later day as may be specified in the regulation, and the production of a verified copy of any such regulation under the common seal of the University shall be sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially.
	30. Submission of Statutes and regulations to faculties etc.
*S.30(1) amended by Nos. 7362 s.4(b)(i), 22/1990 s.23(3)(d).*	(1) Before any new Statute or regulation or the revocation or amendment of any existing Statute or regulation is made by the Council, the Council, where the proposal concerns any degree or diploma or any course of study, shall submit the proposed Statute regulation revocation or amendment to the appropriate faculty or faculties or to the governing body or bodies thereof and to the Academic Board for consideration and report:
	Provided that -
*S.30(1)(a) amended by No. 7362 s.4(b)(ii)*.	*(a)* with respect to any matter declared by the Council to be urgent any new Statute or regulation or any revocation or amendment may without the submission thereof to the said Board or to any faculty or governing body or bodies thereof be made to come into force immediately and to have effect within a period specified therein not exceeding three months;
*S.30(1)(b) amended by Nos. 7362 s.4(b)(iii), 22/1990 s.23(3)(d).*	*(b)* where a proposed Statute regulation revocation or amendment adopts without alteration or with an alteration which is merely verbal or in the opinion of the Council not substantial a proposal recommended to the Council by the appropriate faculty or faculties or governing body or bodies thereof or by the Academic Board it shall not be necessary to submit the proposed Statute regulation revocation or amendment to any such body from which the recommendation was received; and
*S.30(1)(c) amended by Nos. 7362 s.4(b)(ii), 22/1990 s.23(3)(d).*	*(c)* this subsection shall not apply to the making of any Statute or regulation necessary or expedient to be made before or for the purpose of the constitution of the appropriate faculty or governing body or bodies thereof or the Academic Board.
*S.30(2) amended by Nos. 7362 s.4(b)(iii), 22/1990 s.23(3)(d).*	(2) If any such report is not made to the Council within one month (or such further period as the Council in any case allows) after submission of the proposal to the appropriate faculty or faculties or governing body or bodies thereof or to the Academic Board (as the case may be) the new Statute or regulation or the revocation or amendment may be made without such report having been received, and for the purposes of this subsection the date of the submission of any proposal to any faculty or governing body or bodies thereof or to the Academic Board shall be the date on which the same is received by the dean of the faculty or the chairman of the Academic Board (as the case may be).
	(3) The dean of any faculty or any officer or member of the teaching staff of the University may at the request of the Council attend any meeting of the Council for the purpose only of explaining any proposed Statute regulation revocation or amendment recommended to the Council for its adoption and may take part in any debate or discussion but shall not vote and shall retire from the meeting when requested to do so by the Council.

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Division 6 - Financial

S.31 repealed by No. 31/ 1994 s.3(sch.1 item 43)	* * *
*S.32 substituted by No. 7217 s.3*.	32. Application of funds of the University
	(1) All fees and all other moneys received by or on behalf of the University under the provisions of this Act or otherwise shall be applied by the Council solely for the purposes of the University.
	(2) Subject to this Act the Council may - *(a)* borrow money at interest by way of mortgage, bank overdraft or otherwise; or *(b)* without limiting paragraph (a), obtain financial accommodation within the meaning of section 3 of the Borrowing and Investment Powers Act 1987 - for - *(c)* the purpose of carrying out or performing any of its powers, authorities, duties and functions; and *(d)* the repayment or partial repayment of any sum previously borrowed or financial accommodation previously obtained - within such limits and upon such conditions as to security and otherwise as the Treasurer, from time to time, approves after consultation with the Minister.
*S.32(2A) inserted by No. 70/ 1995 s.9.*	(2A) The Council may, with the approval of the Minister and the Treasurer, enter into and perform financial arrangements within the meaning of the Borrowing and Investment Powers Act 1987 within the limits and upon the conditions that the Minister and the Treasurer may, from time to time, determine.
	(3) Any moneys of the University may be invested by the Council from time to time in any manner of investment authorised by the Council (whether an authorised trustee investment or not).
*S.32(4) repealed by No. 70/1997 s.46(2)*.	* * *
*S.33 substituted by No. 7217 s.3*.	33. Establishment of Students' Loan Fund
	(1) The Council may establish a fund to be called the 'Monash University Students' Loan Fund' (hereinafter referred to as the 'students' loan fund')
*S.33(2)(a) amended by No. 9861 s.3(1).*	(2) There shall be paid to the credit of the students' loan fund - *(a)* an amount of $20,000 which the Treasurer is hereby authorised to pay out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly; *(b)* all moneys received in repayment of loans to students from the said fund together with interest on such loans; and *(c)* all other moneys received by the Council for the purpose of being paid into the said fund.
	(3) Out of the students' loan fund loans may be made to students of the University who are nominated in that behalf by a committee appointed for the purpose by the Council.
*S.33(5) amended by No. 10109 s.11*.	(5) Any moneys standing to the credit of the students' loan fund and not immediately required for loans to students may be invested by the Council in any manner permitted by section 32(3) and the interest arising from any such investment shall be paid into and form part of the Fund.
*S.33(6) inserted by No. 8494 s.16.*	(6) Notwithstanding anything to the contrary in any Act or rule of law, any student not being of full age to whom a loan is granted from the students' loan fund may execute all necessary instruments and give all necessary acquittances in respect of the loan, and shall be subject to the operation of law in respect of the loan in all respects as if he were of full age.
*S.33A repealed by No. 7217 s.3.*	* * *
*S.34 amended by No. 6442 (as amended by No. 6489 s.4), substituted by No. 7217 s.3, amended by No. 8494 s.17(a)(b)*.	34. Staff housing
	For the purpose of assisting members of its staff to purchase or lease homes for their own use or to build homes or make improvements upon any land upon which they reside or propose to reside the University may enter into such contracts or arrangements and execute such guarantees as the Council thinks fit.

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Division 7 - Property

*Pt 1 Div. 7 (Heading) inserted by No. 8181 s.2(1)(Sch. item 1)*
S.35 substituted by No. 7217 s.3.	35. Acquisition of land for or in connection with University
	(1) The Minister after consultation with the Council may by agreement or compulsorily acquire any land for the purposes of or in connexion with the University.
S.35(2) substituted by No. 121/1986 s.112.	(2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose - *(a)* the Monash University Act 1958 is the special Act; and *(b)* the Minister is the authority.
*S.35(3) repealed by No. 121/1986 s.112.*	* * *
*S.35(3A) inserted by No. 8494 s.18(b), amended by No. 121/1986 s.112*.	(3A) Any land acquired by agreement under this Act by the Minister shall be conveyed or transferred to the Crown, and may notwithstanding anything to the contrary in any Act be dealt with as unalienated Crown land.
*S.35(3B) inserted by No. 121/ 1986 s.112*.	(3B) Any land acquired compulsorily under this Act by the Minister - *(a)* vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section; and *(b)* may be dealt with as unalienated Crown land despite anything to the contrary in any Act.
*S.35(4) amended by No. 8494 s.18(c), 9212 s.2(2) (as amended by No. 9427 s.6(1)).*	(4) Any unalienated Crown land may notwithstanding anything to the contrary in the Crown Land (Reserves) Act 1978 - *(a)* be granted in fee simple to the University or to any educational institution affiliated or connected therewith for such consideration (if any) and subject to such conditions limitations and restrictions as the Governor in Council determines; or *(b)* be reserved pursuant to the Crown Land (Reserves) Act 1978 either permanently or temporarily as a site for the purposes of the University or any such institution.
*S.35AA inserted by No. 70/ 1997 s.47.*	35AA. Disposal of land
	(1) The Council must not, without the prior approval of the Minister, alienate (whether in fee simple or for a lesser estate or interest other than a leasehold interest not exceeding 21 years and whether totally or partially or subject to conditions) any land granted in fee simple under section 35(4)(a).
	(2) The Council must not, without prior approval of the Minister -
*S.35AA(2)(a) amended by No. 40/2005 s.52.*	*(a)* alienate any interest in fee simple in any land owned by the University, other than land referred to in section 35(4)(a), if the sum of the consideration for the transfer or conveyance of that interest exceeds $3,000,000 or any other amount that the Minister fixes by instrument published in the Government Gazette; or *(b)* grant a lease for a term exceeding 21 years of any land owned by the University other than land referred to in section 35(4)(a).
	(3) Subsections (1) and (2) have effect despite any Act or law to the contrary, including any rule of common law.
*S.35A inserted by No. 7217 s.3.*	35A. Creation and administration of trust and other funds
	(1) The University shall have power to acquire by purchase, gift, grant, bequest or devise any property and to agree to and carry out any conditions of any such purchase, gift, grant, bequest or devise and the Council may create and administer any trust fund or funds in connexion therewith or for any other purpose whatsoever.
	(2) The Council may establish one or more investment common funds for the collective investment of any trust and other funds held by or in the custody of the University.
	(3) The Council may from time to time without liability for breach of trust bring into or withdraw from any such investment common fund the whole or any part of any trust fund or other fund held by or in the custody of the University.
*S.35A(4) substituted by No. 10109 s.12*.	(4) The Council may bring into an investment common fund the whole or any part of a trust fund notwithstanding any direction to the contrary, whether express or implied, contained in the trust instrument.
*S.35A(4A) inserted by No. 10109 s.12, substituted by No. 104/1995 s.6(Sch. 1 item 20(a)).*	(4A) The Council may invest the capital of an investment common fund which includes the whole or any part of a trust fund in any manner in which a trust fund may be invested under the Trustee Act 1958.
*S.35A(4B) repealed by No. 104/1995 s.6(Sch. 1 item 20(b)).*	* * *
	(5) The Council shall periodically distribute the income of each investment common fund among the funds participating in the common fund having regard to the extent of the participation by each fund in the common fund during the relevant accounting period: Provided that the Council may if it considers it expedient so to do from time to time add some portion of the income to the capital of the common fund or use some part of the income to establish or augment a fund or funds as a provision against capital depreciation or reduction of income.
S.35A (6) inserted by No. 26/2003 s.27.	(6) The Council may, out of the income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund.
S.35A (7) inserted by No. 26/2003 s.27.	(7) The commission deducted in accordance with sub-section (6) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund.
S.35A (8) inserted by No. 26/2003 s.27.	(8) The University must not make any other charges on the trust fund in addition to the commission received under sub-section (7), except in accordance with the trust deed.

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Division 7A - Formation and membership of companies, joint ventures, etc

*Pt 1 Div.7A (Heading) inserted by No. 70/1995 s.10.*
*S.35B inserted by No. 10109 s.13. S.35B(1), amended by No. 70/ 1995 s.11(1*)	35B. Formation and Membership of companies, joint ventures, etc.
*S.35B(1) amended by No. 40/2005 s.52(a).*	(1) If in the opinion of the Council, it is in the interests of the management or conduct of the affairs or concerns of the University to do so, the University may form or participate in the formation of a limited company the objects of which are objects or activities incidental or conducive to the attainment of any of the objects or activities of the University.
*S.35B(2) amended by No. 70/ 1995 s.11(2), amended by No. 40/2005 s.52(b*	(2) Without limiting the generality of subsection (1), the University may, if in the opinion of the Council, it is in the interests of the management or conduct of the affairs or concerns of the University to do so, form or participate in the formation of a limited company the objects or activities of which include one or more of the following objects or activities: *(a)* Providing facilities for study and education;
*S.35B(2)(b) amended by No. 70/1995 s.11(3)(a).*	*(b)* Undertaking research, development, consultancy and other services for industrial or commercial organisations, public bodies or individuals;
	*(c)* Aiding and engaging in the development, promotion and use of the results of university research;
	*(d)* Preparing publishing or distributing literary or artistic work, audio or audio-visual material or computer software;
*S.35B(2)(e) amended by No. 70/1995 s.11(3)(b).*	*(e)* Seeking or encouraging gifts to the University or its students;
	*(f)* Promoting or assisting drama, music or the visual arts.
*S.35B(3) amended by No. 70/ 1995 s.11(2), amended by No. 40/2005 s.52(c).*	(3) In addition to the powers of the University under sections 32 and 35A, the University may, if in the opinion of the Council, it is in the interests of the management or conduct of the affairs or concerns of the University to do so, be a member of a limited company the objects or activities of which are incidental or conducive to the attainment of any of the objects or activities of the University.
	(4) The University shall not form, participate in the formation of or be a member of, a limited company (other than pursuant to powers of the University under sections 32 and 35A) unless -
*S.35B (4a) amended by No. 40/2005 s.52(c).*	*(a)* the objects or activities of the limited company are incidental or conducive to the attainment of any of the objects or activities of the University; and
*S.35B (4b) amended by No. 44/2001 s.3 (Sch item 83(a)).*	*(b)* the constitution of the limited company provides that -
*S.35B (4b(i)) amended by No. 44/2001 s.3 (Sch item 83(a)).*	(i) the company shall not alter the constitution of the limited company unless the Council has by resolution authorised the alteration; and
	(ii) the company shall, where its total annual income exceeds, or may reasonably be expected to exceed, $100 000, cause a report by a registered company auditor on the accounts of the company to be made every twelve months and to be submitted to the Council within three months after the end of each twelve month period to which the report relates.
	(5) where -
*S.35(5)(a) amended by No. 40/2005 s.52(c)*.	*(a)* the University forms, participates in the formation of or is a member of, a limited company (other than pursuant to powers of the University under sections 32 and 35A) the objects or activities of which are incidental or conducive to the attainment of any of the objects or activities of the University; and *(b)* the University has a controlling interest in that company - the University shall -
*S.35B(5)(ba) inserted by No. 70/1995 s.11(4)*.	*(ba)* notify the Minister, within 30 days after the formation, participation or membership, of the name of the company and the reasons the Council decided that the formation, participation or membership was in the interests of the management or conduct of the affairs or concerns of the University; and
	*(c)* include in its annual report a copy of the accounts of the limited company in respect of the financial year ending during the period to which the University's annual report relates; and
*S.35B(5)(d) amended by No. 70/1995, s.11(5)(a)(b), amended by No. 44/2001 s.3 (Sch item 83 (b)).*	*(d)* within 14 days of lodging any report, statement or return in respect of the limited company with the Australian Securities and Investment Commision under the Corporations Act, submit a copy of the report, statement or return to the Treasurer.
*S.35B(6) amended by No. 70/ 1995 s.11(6), substituted by No. 44/2001 s.3 (Sch item 83)*	(6) For the purposes of subsection (5), the University has a controlling interest in a company if the University would have a substantial holding in the company as defined in section 9 of the Corporations Act if the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section were replaced by 50%.
*S.35B(7) repealed by No. 44/2001 s.3 (Sch item 83).*	* * *
*S.35B(8) amended by No. 93/ 1997 s.28(Sch.item 21.1(a)), amended by No. 53/1999 s.26(Sch.item 17(a)*)	(8) Where the University forms, participates in the formation of or is a member of, a limited company to which subsection (5) applies, the accounts of the limited company shall be audited annually by the Auditor-General.
*S.35B(9) amended by No. 70/ 1995 s.11(6), amended by Act No. 44/2001 s.3(Sch item 83.3)*.	(9) The requirements of subsection (8) are in addition to the requirements of the Corporations Act.
	(10) The University shall pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
	(11) The following provisions shall apply to the annual audit under subsection (8):
*S.35B(11)(a) amended by No. 93/1997 s.28(Sch. item 21.1(b)(i)(ii)), amended by No. 53/1999 s.26(Sch. item 17(b))*.	*(a)* The Auditor-General and any person assisting the Auditor-General shall have with respect to the accounts of the limited company all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;
	*(b)* The limited company shall within three months after the thirty-first day of December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor-General; *(c)* The statement of accounts shall be prepared in the manner and in the form approved by the Minister and shall present fairly the financial transactions of the limited company during the year and the financial position of the limited company at the end of the year; *(d)* The Auditor-General shall forward to the Minister a copy of the audited annual accounts.
*S.35B(12) substituted by No. 93/1997 s.28(Sch. item 21.2), amended by No. 53/1999 s.26(Sch. item 17(b)).*	(12) Without limiting the generality of subsection (11)(a), the Auditor-General and any person assisting the Auditor-General - *(a)* has right of access at all times to the books, securities, accounts and vouchers of the limited company; and
	*(b)* may require from any officer or employee of the limited company any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit.
	(13) Subsections (8), (10) and (12) shall not apply to a limited company of which the University has ceased to be a member before the last preceding annual audit.
*S.35B(13A) inserted by No. 70/1995 s.11(8), amended by No. 40/2005 s.52(d)*	(13A) If, in the opinion of the Council, it is in the interests of the management or conduct of the affairs or concerns of the University to do so, the University may - *(a)* be a member of a corporation, other than a limited company, or an association or partnership; *(b)* form, or participate in the formation of, a corporation, other than a limited company, or an association or partnership; or *(c)* enter into a joint venture with another person or persons - the objects, activities or purposes of which include one or more of the following objects, activities or purposes - *(d)* providing facilities or services for study, research or education; *(e)* undertaking research, development, consultancy or other services for commercial organisations, public bodies or individuals; *(f)* aiding or engaging in the development or promotion of university research or the application or use of the results of such research; *(g)* preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audio-visual material or computer software; *(h)* seeking or encouraging gifts to the University or for University purposes; *(i)* promoting or assisting drama, music or the visual arts.
*S.35B(13B) inserted by No. 70/1995 s.11(8)*.	(13B) If the University does any of the things referred to in subsection (13A) (a), (b) or (c), the University must, within 30 days after doing so, notify the Minister of the name or description of the corporation, association, partnership or joint venture and the reasons why the Council decided the membership, formation, or participation or entry into the joint venture was in the interests of the management or conduct of the affairs or concerns of the University.
*S.35B(14) amended by No. 70/1995 s.11(6), substituted by Act No. 44/2001 s.3(Sch 83.4)*.	(14) In this section 'limited company' means a limited company within the meaning of the Corporations Act that is taken to be registered in Victoria.
	35C. Audit of corporations
*S.35C (1)(a)-(b) inserted by No.26/2003 s.28.*	(1) If the University - *(a)* forms, participates in the formation of, or is a member of, a corporation under section 35B(13A) that is not incorporated or taken to be incorporated under the Corporations Act; and *(b)* has a substantial holding in the corporation as defined in section 9 of the Corporations Act with the modification that the reference to 5% in paragraph (a) of the definition of "substantial holding" in that section is to be read as 50% - the accounts of the corporation shall be audited annually by the Auditor-General.
*S.35C (2)( a)-(c) inserted by No.26/2003 s.28*	(2) The following provisions apply to the annual audit under sub-section (1) - *(a)* the Auditor-General and any person assisting the Auditor-General has with respect to the accounts of the corporation all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts; *(b)* the corporation must within 3 months after 31 December in every year cause its accounts to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor-General; *(c)* the statement of accounts shall be prepared in the manner and in the form approved by the Treasurer and shall present fairly the financial transactions of the corporation during the year and the financial position of the corporation at the end of the year; (d) the Auditor-General must forward to the Treasurer a copy of the audited annual accounts.
*S.35(c) 3 (a)-(b) inserted by No 26/2003 s.28*	(3) Without limiting the generality of sub-section (2)(a), the Auditor-General and any person assisting the Auditor-General - *(a)* has right of access at all times to the books, securities, accounts and vouchers of the corporation; and *(b)* may require from an officer or employee of the corporation or the University any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit.
*S.35C (4) inserted by No. 26/2003 s.28.*	(4) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under this section.
*S.35C (5) inserted by No. 26/2003 s.28.*	(5) This section does not apply to a corporation of which the University has ceased to be a member before the last preceding annual audit.
*S.35C (6)(a)(b) inserted by No. 26/2003 s.28.*	(6) The Auditor-General is not required to audit the accounts of a corporation incorporated or formed in a place outside Australia under this section if - *(a)* under the law applying to that corporation in that place, the Auditor-General cannot be appointed as auditor of the corporation; or *(b)* in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.

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Division 8 - Accounts and Audit

	36. Accounts and continuous audit
	(1) The Council shall establish and keep full and complete books and accounts of all moneys received and paid by the University and shall arrange for a continuous audit of the income and expenditure of the University to be made at such intervals not exceeding one month as the Council directs.
*S.36(2) repealed by No. 31/ 1994 s.4(Sch.2 item 56).*	* * *
*S.36(3) repealed by No. 31/ 1994 s.4(Sch.2 item 56)*.	* * *
*S.36(4) repealed by No. 31/ 1994 s.4(Sch.2 item 56).*	* * *

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Division 9 - General

	37. No religious test
	No religious test shall be administered to any person in order to entitle him to be admitted as a student of the University or to hold office therein or to graduate thereat or to enjoy any advantages or privilege thereof.
	38. No disqualification by reason of sex
	The provisions of this Act shall extend to persons of both sexes, and every person who has fulfilled the conditions prescribed by the Statutes and regulations of the University for the time being for matriculation or for admission to any course of study or to any degree or to receive any diploma or certificate shall be admitted to matriculate or to such course or degree or shall receive such diploma or certificate (as the case may be).
	38A. Ascertainment of opinion
	The Council may if it thinks fit by Statute provide for the ascertainment by the Council in such manner as it thinks fit of the opinion of all or of any class or classes of the students or the members of the staff of the University upon anything relating to the University and affecting the persons whose opinion is to be ascertained.
*S.39 repealed by No. 40/2005 s.56*.	* * *
*S.39A inserted by No. 8494 s.21*.	39A. Recovery of penalties
	(1) Any fine imposed upon a member of the staff of the University or a student pursuant to the Statues and regulations shall be a civil debt recoverable summarily by the University in any court of competent jurisdiction.
*S.39A(2) amended by No. 22/ 1990 s.21(1)(e)*.	(2) A certificate in writing signed by the Vice-Chancellor and President or a person appointed by him in that behalf as to the amount of a fine imposed upon a member of the staff of the University or a student pursuant to the Statutes and regulations or the date on which it was imposed shall be prima facie evidence of the facts stated therein in all courts and before all persons acting judicially.
	40. Saving of appointments and elections made out of time
	No appointment or election made pursuant to this Act shall be deemed to be invalid by reason only of such appointment or election being made subsequently to the time provided for in this Act and any person so elected or appointed shall be entitled to continue in the office to which he is so elected or appointed as if he had been elected or appointed thereto at the proper time.
*S.41 repealed by No. 70/1995 s.12.*	* * *
*S.42 substituted by No. 57/ 1996 s.30*.	42. Visitor
	(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.
*S.42 (1A) substituted by No. 26/ 2003 s.29.*	(1A) The Visitor has ceremonial functions only and has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University (other than a matter involving the exercise of ceremonial functions only).
	(2) The Visitor may authorise a person to act as Visitor in his or her place - *(a)* in relation to any particular matter concerning the affairs of the University; or *(b)* during any period when the Visitor is absent or unable to act. (3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.

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Division 10 - Transitional

*S.43 inserted by No. 70/1997 s.48.*	43. First Council appointments for 1998
	(1) The members of the Council of Monash University, except the Chancelllor and the person who is the Vice-Chancellor and President are deemed to have gone out of office at the end of 31 December 1997 but are eligible for re-election or re-appointment as members of the Council.
	(2) In the case only of the first appointments and elections of members to take effect on 1 January 1998 - *(a)* the 3 members referred to in section 7(1)(d) shall be persons appointed by the Minister who, on 31 December 1997, were members of the staff of Monash University; *(b)* the 2 members referred to in section 7(1)(e) shall be persons appointed by the Minister who, on 31 December 1997, were enrolled students of Monash University; *(c)* the 6 members referred to in section 7(1)(h) shall be persons appointed by the members of the Council who were in office before 31 December 1997.
	(3) Of the members appointed by the Minister under subsection (2)(a) - *(a)* 1 must be appointed until 31 December 1998; *(b)* 2 must be appointed until 31 December 1999.
	(4) The members appointed by the Minister under subsection(2)(b) must be appointed until 31 December 1998.
	(5) Of the members appointed by the Council under subsection (2)(c) - *(a)* 2 must be appointed until 31 December 1998; *(b)* 2 must be appointed until 31 December 1999; *(c)* 2 must be appointed until 31 December 2000.
	(6) In the case only of the first appointments of members to the Council by the Governor in Council under section 7(1)(f) to take effect on or after 1 January 1998 - *(a)* 2 must be appointed until 31 December 1998; *(b)* 2 must be appointed until 31 December 1999; *(c)* 2 must be appointed until 31 December 2000.
	(7) After the first appointments referred to in this section, all appointments and elections to the Council shall be made in accordance with the provisions of this Act other than this section.
*S.44 inserted by No. 26/2003 s.30*.	44. Existing proceedings
	(1) Section 42(1A) applies with respect to disputes and other matters arising before the commencement of section 29 of the University Acts (Amendment) Act 2003.
	(2) If an inquiry by or authorised by the Visitor into a dispute or other matter has been commenced or been completed before the commencement of section 29 of the University Acts (Amendment) Act 2003, the dispute or other matter is to be dealt with and determined as if that Act had not been enacted.
	45. Transitional - members of Council
	Section 8(1B) does not apply to a member of the Council appointed or elected immediately before the commencement of section 46 of the Higher Education Acts (Amendment) Act 2005 with respect to that appointment or election but does apply to that member in relation to any further appointment or election to the Council after that date.

Part 2

Pt 2 (ss 43-53) repealed by No. 8181 s.2(1)(Sch. item 3)

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NOTES

The Monash University Act 1958 was assented to on 15 April 1958 (see Government Gazette 23 April 1958, page 1023) and came into operation on the date of assent. A proclamation made pursuant to the Act on 27 May 1958 (see Government Gazette 28 May 1958, page 1387) fixed 30 May 1958 as the date on which Monash University 'shall be incorporated as a body politic and corporate'. The Act reproduced in this calendar incorporates the amendments made to the Monash University Act 1958 by the following Acts:

*Name*	*Number*	*Date of Assent*	*Date of Commencement*
Monash University (Acquisition of Land) Act 1958 (as amended by No. 6489)	6442	13.11.58	13.11.58
Monash University (Amendment) Act 1960	6712	13.12.60	13.12.60
Monash University (Amendment) Act 1964	7128	5.5.64	7.8.64: see Government Gazette 5.8.64 p. 2548
Monash University (Amendment) Act 1964	7217	15.12.64	15.12.64
Public Lands and Works Act 1964 (as amended by No. 7332) - deemed to come into operation on 15.3.65	7228	15.12.64	15.3.65: see Government Gazette 11.3.65 p. 557
Universities (Amendment) Act 1965	7362	21.12.65	21.12.65
Education and Teaching Service (Amendment) Act 1967	7533	17.3.67	17.3.67
Statute Law Revision Act 1971	8181	23.11.71	23.11.71
Monash University (Amendment) Act 1973	8494	4.12.73	16.1.74: see Government Gazette 16.1.74 p. 81
Monash University (Amendment) Act 1973	8494	4.12.73	16.1.74: see Government Gazette 16.1.74 p. 81
Crown Land (Reserves) Act 1978	9212	19.12.78	1.3.79: see Government Gazette 21.2.79 p. 441
Public Account (Trust Funds) Act 1982	9861	5.1.83	12.1.83: see Government Gazette 12.1.83 p. 81
Monash University (Amendment) Act 1984	10109	25.9.84	25.9.84: see Government Gazette 3.10.84 p. 3452
Land Acquisition and Compensation Act 1986	121/1986	23.12.86	29.11.87: see Government Gazette 25.11.87 p. 3224
Monash University (Chisholm and Gippsland) Act 1990	22/1990	5.6.90	5.6.90 Parts 1 and 4; 1.7.90 Parts 2 and 3 (except section 18); 1.7.91 Section 18: see Government Gazette 13.6.90 p.1766
Monash University (Pharmacy College) Act 1992	10/1992	12.5.92	12.5.92
Financial Management (Consequential amendments) Act 1994	31/1994	31.5.94	31.5.94 Sections 1 and 2; 1.7.94 section 3 and schedule 1 (except item 60): see Government Gazette 7.7.94 p.1878; 1.1.95 Section 4 and schedule 2: see Government Gazette 28.7.94 p.2055
University Acts (Further Amendment) Act 1995	70/1995	17.10.95	17.10.95 Sections 1 and 2; 13.12.94 Sections 57 and 75; 1.11.95 (except sections 1,2,57, and 75): see Government Gazette S 109
Trustee and Trustee Companies (Amendment) Act 1995	104/1995	5.12.95	1.1.96: s.2
University Acts (Amendment) Act 1996	57/1996	10.12.96	1.1.97 Parts 2 and 3; 10.12.96 Parts 1, 4, 5, 6, 7, 8, 9 and 10.
University Acts (Further Amendment) Act 1997	70/1997	18.11.97	18.11.97 Part 1; 1.1.98 Remainder
Audit (Amendment) Act 1997	93/1997	16.12.97	s.28(Sch. items 21.1, 21.2) on 1.7.98: s.2(2)
Audit (Amendment) Act 1999	53/1999	14.12.99	1.7.2000: s.2(2)
Corporations (Consequential Amendments) Act 2001	44/2001	27.06.01	15.07.01
University Acts (Amendment) Act 2003	26/2003	13.05.03	1.07.03
Higher Education Acts (Amendment) Act 2005	40/ 2005	27.07.05	31.08.05

Note

Sections 21(2) and (3) of the Monash University (Chisholm and Gippsland) Act 1990, No. 22/1990 read as follows:

"(2) The office which immediately before the commencement of this section was known as that of the vice-chancellor shall on and after that commencement be known as that of the vice-chancellor and president.

(3) Despite the change of title, the office of vice-chancellor and president is the same office as the office of vice-chancellor and nothing done by, to or in relation to, the vice-chancellor shall be affected by the change of title."

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