Document ID: chunk:federal_register_of_legislation:F2024L00724:reg:64
Version: federal_register_of_legislation:F2024L00724
Segment Type: reg
Provision Reference: reg 64
Character Range: 65746–68778

64      Exercise of Vice-Chancellor's functions by Provost

(1)    The Provost may exercise any function given to the Vice-Chancellor under University legislation or a Council decision.

(2)    However, the Provost may not exercise a function under subsection (1) if:

(a)    the function relates to the Vice-Chancellor's role as a Council member or, if the Vice-Chancellor is a Nominations Committee member or a member of another Council committee, as a Nominations Committee member or a member of the other committee; or

(b)    the function relates to the accountability of the Vice-Chancellor to the Council; or

(c)    the function is required, under University legislation or a decision of the Council or Vice-Chancellor, to be exercised personally by the Vice-Chancellor; or

(d)    the function is a function of the Vice-Chancellor under any of the following provisions of this instrument:

(i)    section 44 (Resignation of Chancellor);

(ii)    section 54 (President of the University);

(iii)    section 57 (Executive appointments);

(iv)    section 66 (Delegation and subdelegation of Vice-Chancellor's functions);

(v)    section 68 (General power to make rules and orders);

(vi)    section 70 (Tabling of rules, orders etc.);

(vii)    section 73(6) (University seal); or

(e)    the function is a function of the Vice-Chancellor under a provision of any other University legislation prescribed by rule for this subsection.
            [Note: Function includes authority, duty and power (see Legislation Statute, dictionary).]

       (3)    To remove any doubt, subsection (2) does not prevent the Provost from exercising a function mentioned in that subsection otherwise than under subsection (1) (for example, under an appointment or delegation of the Council or Vice-Chancellor).

       (4)    University legislation, and decisions of the Council and Vice-Chancellor, apply to the Provost in the exercise of a function under subsection (1) as if a reference to the Vice-Chancellor were a reference to the Provost.

       (5)    Without limiting subsection (4), if the exercise of the function by the Vice-Chancellor is dependent on the Vice-Chancellor's state of mind, the function may be exercised by the Provost on the Provost's state of mind.

       (6)    Anything done by or in relation to the Provost in the exercise of a function under subsection (1) is taken to have been done by or in relation to the Vice-Chancellor.

       (7)    In this section:

       state of mind includes knowledge, intention, opinion, belief, and purpose.

       Part 7—Delegations and subdelegations

General note for Part 7
     The ANU Act gives the Council power to delegate certain of its functions and powers under the Act (see sections 17 and 18).
     This Part does not deal with the delegation of these functions and powers, but deals instead with the delegation and subdelegation of the functions and powers of the Council under University legislation and the functions and powers of other University entities.