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(1) This Commercial Activities Policy is made by the (2) Whilst the Act requires the Council to make “Guidelines” in respect of (3) The (4) This policy provides a set of principles for the development and conduct of commercial activities of the (5) This document should be read in conjunction with other (6) This document applies to any commercial activity conducted under the auspices of the (7) This document does not apply to: (8) This document should be read and understood by all (9) In the context of this document, the following definitions apply: (10) The University of Newcastle Act 1989 defines what constitutes a commercial activity. (11) In considering whether an activity is a commercial activity for the purpose of this Policy, the following indicators should be used: (12) Council has within its power under the Act the ability to prescribe specific activities as (13) Category A Commercial Activities are commercial activities that: (14) Category B commercial activities are commercial activities that: (15) Specific activities that do not constitute a commercial activity, but may be subject to evaluation, (16) All commercial activities of the (17) A new commercial activity will only be considered for approval where the following has been undertaken: (18) Once approved, the Responsible Officer must periodically monitor the commercial activity to ensure that it complies with: (19) A review of the activity must be completed: (20) All commercial activities must be properly governed via a framework that effectively controls the operation and management of the activity. (21) The ongoing conduct and operation of (22) (23) Additionally, for commercial activities with (24) Commercial activities must be managed in such a way as to comply with the (25) (26) The Act requires the (27) All commercial activities that satisfy the criteria of a Category B Commercial Activity must be entered into the Register. (28) Activities exempted from inclusion in the Register are not exempt from other requirements of the Act and this Policy. (29) Records held in the Register are considered Commercial-in-Confidence and are maintained by the University Secretary or their nominee. (30) The Register shall hold, at a minimum, the following details which are required by the Act s21C(1): (31) The Register is required to be open to inspection by any member of the Council, the Auditor General of New South Wales and any representative of the Minister or the Treasurer. (32) The Register will be reviewed annually to ensure records are complete and accurate. The University Secretary, or their nominee, is responsible for the annual review of the Register. (33) The structure of a commercial activity will vary depending on the requirements, objectives, and involvement of the (34) Breaches of this Policy or its associated procedures may constitute misconduct or serious misconduct, which may result in Commercial Activities Policy
Section 1 - Introduction
Legislative Framework
Section 2 - Purpose and Scopae
Section 3 - Definitions
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Term
Definition
Commercial Activity
i. any activity engaged in, by, or on behalf of the
ii. any other activity comprising the promotion of, establishment of, or participation in, any partnership, trust, company or other incorporated body, or joint venture, by or on behalf of the
Commercial Functions
Under section 6(3)(a) of the University of Newcastle Act, the
Activity Owner
The person who is promoting the proposed commercial activity and who is responsible for the preparation of proposal documentation.
Sponsor
The person who provides endorsement of the proposal prior to its approval.
Nominated Executive
The member of the Executive Leadership Team who is not the Sponsor or
Responsible Officer
The person(s) responsible for the ongoing monitoring and review of Category A and B commercial activities. This role should be allocated to the person(s) most likely to have real-time information about the ongoing activity.
Section 4 - Determining What Constitutes a Commercial Activity
Table 1 – Category A Commercial Activities and their Relevant Procedures
Commercial Activity Type
Relevant Procedure
A third-party interest resulting in the
Commercial Activities Procedure
Continuing education activities provided within Australia including micro-credentials and non-award short courses.
Micro-Credentials Policy
Micro-Credential Schedule
Course Management and Assessment Manual
Project and consultancy services (not
Project and Consultancy Procedure
Contract
Commercial Activities Procedure
The commercial exploitation or licensing of
Intellectual Property Policy
Spinout Procedure
The lease or licensing of
Commercial Activities Procedure
The lease or licensing of
Commercial Activities Procedure
Any other commercial activity where the outcome of the Impact Assessment Tool is a low-
Commercial Activities Procedure
Table 2 - Category B Commercial Activities
Commercial Activity Type
The purchase, development or management of real estate by the
Project and consultancy services provided to third parties with projected gross revenue of $1,000,000 or more over the life of the activity.
Contract
The establishment and operation of any
The establishment, acquisition, promotion or participation in any company, partnership, trust, or other incorporated body, resulting in the
Any activity, including teaching or
Third party contracts involving an entity incorporated outside of Australia.
Retail activity conducted by the
Any other commercial activity where the outcome of the Impact Assessment Tool is not a low-
Table 3 – Activities that are not commercial activities
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Activity Type
Community engagement activities – for example, the operation of 2NURFM radio station.
Charitable fundraising activities conducted by or on behalf of the
Investment activities carried out under Schedule 2 of the Act.
Acquisition of services, facilities, equipment or other
Management, maintenance, restoration or improvement of lands, buildings or other
Management, maintenance, restoration, improvement of or additions to University library, art, heritage items or other collections not intended for re-sale.
Third party arrangements for the primary purpose of providing education in Australia per the Third-Party Arrangements – Education Policy and procedure, and in accordance with the object of the
The lease or licensing of
Any activity where the primary purpose of the activity is in support of the object and principal functions of the
The sale or provision of services, facilities or equipment to academic, administrative or support units within the
Contract
-
- wholly funded by the Australian government or an Australian government body (Commonwealth, State, Territory or Local); or
- wholly funded by Australian or international philanthropy (donations, bequests, endowments or crowd funding); or
-
Any activity conducted by a
Section 5 - Principles
Requirements for Approval
Monitoring Requirements
Governance
Conflicts of Interest
Public Authority Obligations
Section 6 - Register of Commercial Activities
Section 7 - Commercial Activity Structure
Table 4 – Commercial Activity Structures
Top of Page
Structure
Definition
An entity over which the
Third party interest – <20% equity holding / voting power – existing entity.
A separate legal entity governed independently of the
Third party interest – 20-50% equity holding / voting power – existing entity.
A separate legal entity governed independently of the
Third party interest – joint venture
Structured through a separate vehicle, the
Third party interest – joint operation
The
Third party interest – Spinout
A new entity formed to commercialise
Third party interest – Startup investment <20% equity holding
A newly established business led by
Third party interest – Startup investment 20-50% equity holding
A newly established business led by
Other
Commercial activities can be conducted between the
Fee For Service
Activities such as project and consultancy services, leasing and licensing of
Other Contract or Arrangement
Activities may be formalised via a contract with a third party, being any written agreement (including in the form of a contract, agreement, Memorandum of Understanding, purchase order, deed, exchange of letters or emails) between:
a. the
b. a person, company or organisation external to the Section 8 - Compliance