Swinburne Student Amenities and Services Foundation Regulations 2012

The Vice-Chancellor makes the following Regulations:
Dated: 24 August 2012

Part 1. Preliminary

1. Objective

The objective of these Regulations is to continue in operation, under the Act and the University Foundations Statute 2012, the Swinburne Student Amenities and Services Foundation.

2. Authorising provision

These Regulations are made under the University Foundations Statute 2012 and sections 28, 29 and 30 of the Swinburne University of Technology Act 2010.

3. Definitions

In these Regulations—

Association means Swinburne Student Amenities Association Limited ACN 117 060 232;
Foundation means the Swinburne Student Amenities and Services Foundation continued in operation under these Regulations;
revoked Regulations means Regulation 24.3 – Swinburne Student Amenities and Services Foundation made under the Swinburne University of Technology Act 1992 ;
student services means facilities, services or activities for the direct benefit of students, including—

  1. student academic advice and advisory services; 
  2. orientation; 
  3. information services;
  4. support services and facilities; 
  5. clubs; 
  6. publications;
  7. social activities; 
  8. representative committees; and
  9. services, activities and amenities.

Part 2. The Foundation

4. Continuation of the Foundation

There is established the Swinburne Student Amenities and Services Foundation.

5. Objects

The objects of the Foundation are to—

  1. promote the provision of student services for the benefit of students;
  2. distribute and administer funding in accordance with the requirements of University and other legislation;
  3. provide or ensure the provision of amenities, services and facilities for the benefit of students, of a quality and kind that will enhance their experience and advance their studies at the University; and
  4. support other things and activities associated with the University which are necessary, incidental or conducive to the advancement of these objects.

Part 3. Management of the Foundation

Division 1. Financial

6. Money held by the Foundation

All money held, received or raised for the Foundation, and all accumulations from the investment of money held for the Foundation, must be held by the University and recorded in a separate University ledger account in the name of the Foundation.

7. Investment

  1. Money held for the Foundation may be invested by the University, either separately or in common with other funds of the University. 
  2. If money is invested in a common fund the investment must be identified as a separate sub-fund of the common fund.

8. Report by University on investment of money

The University must, by 31 March in each year, cause to be submitted to the Association a report on the investment of money held by the University for the Foundation for the previous calendar year.

9. Expenditure

Money held by the University in the name of the Foundation may be expended, both as to capital and income, only—

  1. in accordance with the objects of the Foundation and on the recommendation of the Association;
  2. to pay administration fees (if any) imposed by an external investments manager.

Division 2. The Association

10. Business and affairs of the Foundation

The business and affairs of the Foundation are vested in the Association.


Part 4. Miscellaneous

11. Revocation

Regulation 24.3 – Swinburne Student Amenities and Services Foundation is revoked.

12. Transitional

  1. Despite the revocation of Regulation 24.3 – Swinburne Student Amenities and Services Foundation, the Foundation established by that Regulation is taken to be the Foundation established by these Regulations.
  2. On and from the commencement date, all property vested in the Foundation under the revoked Regulations, including money held by the University for the Foundation, may be held and used in accordance with these Regulations.