Document ID: chunk:federal_register_of_legislation:F2024L00724:reg:49
Version: federal_register_of_legislation:F2024L00724
Segment Type: reg
Provision Reference: reg 49
Character Range: 55227–57072

49      Termination of Pro-Chancellor's appointment

       (1)    The Council must terminate the Pro-Chancellor's appointment as Pro-Chancellor if the Pro-Chancellor becomes a member of staff or student of the University.

       (2)    The Council must also terminate the Pro-Chancellor's appointment as Pro-Chancellor if the Pro-Chancellor, in the Council's opinion formed by resolution passed at a Council meeting as mentioned in subsection (3):

(a)    no longer has the Council's confidence; or

(b)    is incapable (otherwise than on a temporary basis) of performing the duties of the Pro-Chancellor's office.
            [Note: The Pro-Chancellor also ceases to hold office as Pro-Chancellor if the Pro-Chancellor ceases to be a Council member (see ANU Act, section 33(1A)).]

       (3)    For subsection (2), the Council forms its opinion by resolution passed at a Council meeting if the resolution is passed at the meeting by at least a two-thirds majority of the Council members.

       (4)    Without limiting subsection (2)(a), the Council may form its opinion mentioned in the paragraph on the ground that the Pro-Chancellor has breached the Pro-Chancellor's duties under the Public Governance, Performance and Accountability Act 2013, Part 2-2. Division 3, Subdivision A as a member of the Council or Nominations Committee.
            [Note: Subdivision A is about the general duties of officials (including Council and Nominations Committee members). The duties include a duty to act honestly, in good faith and for a proper purpose, and a duty to disclose interests.]

       (5)    To remove any doubt, the termination of the Pro-Chancellor's appointment as Pro-Chancellor under this section does not affect the Pro-Chancellor's appointment as a Council member unless that appointment is also terminated under the ANU Act.