Commercial Activities Policy

1. Purpose

1.1 The Commercial Activities Policy (the policy) fulfils Council’s obligation to establish guidelines for commercial activities under section 21B(1) of the University of Technology Sydney Act 1989 (NSW) (the UTS Act). Specifically, this policy:

1. further defines commercial activities in line with section 21A of the UTS Act
2. outlines requirements for evaluating and approving proposals for, and monitoring and reporting on, commercial activities, and
3. identifies appropriate governance and administrative arrangements for commercial activities, including the requirements for controlled entities.

1.2 This policy is supported by the Commercial Activities Management Procedure (SharePoint) (the procedure) and should be read in conjunction with the Competitive Neutrality and Pricing Policy and the Conflicts of Interest Disclosure Policy, which apply to all commercial activities undertaken by UTS.

1.3 This policy constitutes the guidelines as specified in the UTS Act.

2. Scope

2.1 This policy applies to all:

1. activities defined as commercial in section 21A of the UTS Act and detailed in Appendix 1 of this policy (including the promotion and establishment of or participation in any partnership, trust, company or other incorporated body, or joint venture, by or on behalf of UTS, for the primary purpose of making a financial profit, either in the short or long term), and
2. individuals (staff, affiliates and committees) involved in the evaluation, approval and management (review, monitoring and reporting) of these commercial activities.

2.2 The following are managed separately to this policy:

1. intellectual property at UTS (refer Intellectual Property Policy)
2. research translation, including research commercialisation (refer Research Policy and Research Intellectual Property and Research Translation Procedure). Appendix 1 outlines authorities.

3. Principles

3.1 Commercial activities at UTS must:

1. align with UTS’s strategy 
2. result from thorough due diligence investigations that identify and manage the risks and opportunities consistent with the UTS risk management framework (refer Risk Management Policy) 
3. provide clear benefits to the university (financial and non-financial) 
4. not involve the tobacco industry (refer Research Policy) 
5. be managed prudently, ensuring all funds and resources are allocated and acquitted appropriately 
6. comply with relevant legislation 
7. fall into a Council approved classification 
8. meet relevant reporting requirements to ensure continued accountability and transparency 
9. comply with the security requirements outlined in the Guidelines to counter foreign interference in the Australian university sector and the requirements of the Fraud and Corruption Prevention Policy and the Conflicts of Interest Disclosure Policy.

3.2 Decision-making on commercial activities must be: 

1. based on an evaluation of both opportunities and risks, and 
2. transparent and show clear accountabilities of the sponsors, evaluators, approvers and responsible owners.

3.3 Sponsors, evaluators, approvers and responsible owners (refer Appendix 1) are responsible for mitigating and managing any commercialisation risks and realising any opportunities in line with this policy. A member of the senior executive must be an identified responsible owner for all controlled entities and any commercial activity that is considered higher risk. 

3.4 Where there is ambiguity about the commercial nature of an activity, this must be discussed with the Office of General Counsel for input and escalated to the Chief Operating Officer (COO) for decision in line with this policy and the procedure. 

3.5 Any new activity that may potentially be commercial, but does not fall into one of the classifications identified in statement 4.2, must be referred to the COO for advice. Where relevant, the COO may escalate it to Council for approving a new classification or amendment of an existing classification.

4. Policy statements

Council delegations and university authorities for commercial activities

4.1 Under section 6(3)(a) of the UTS Act, UTS may undertake commercial activities to generate funds for the benefit of the university. In line with section 17 of the UTS Act, Council has delegated responsibilities for the evaluation, approval, management and review/monitoring of some commercial activities (Appendix 1) in accordance with the following.

1. Council may delegate approval authority for a commercial activity where the proposed commercial activity is covered by the university’s existing insurance policies or where the uninsured liability is within the delegated authority of the approving senior executive or committee. It is expected that a financial provision will be made in the pricing of the commercial activity to provide an element of cover for the uninsured liability. 
2. Council may limit responsibilities delegated under section 17 of the UTS Act by any means or criteria at any time. 
3. Delegations in respect of commercial activities may only be exercised where delegates have appropriate commercial experience or have obtained advice from an appropriately qualified person. 
4. The approval authority of a proposed activity must not also be the sponsor of the activity. In such cases, the new approver should default to the next most senior person or, where appropriate, to Council. 
5. A Council delegated approval authority also provides authority to execute instruments to give effect to the commercial activity in line with UTS policies and the request for contract signing (available at Office of General Counsel: Request for contract signing (SharePoint)). 
6. Commercial activities may be ended or discontinued by the relevant approval authority or by Council at any time. 
7. The appointment of a person to hold a position as a director of a company on behalf of the university is made by Council in line with the Delegations.

Determination and classification of commercial activities

4.2 Commercial activities are defined and classified in Appendix 1 to meet the requirements of the UTS Act. 

4.3 Where Council approves a new classification of commercial activity, this policy and the procedure must be amended to reflect this decision.

Evaluation and approval of a commercial activity proposal

4.4 Sponsors may submit for evaluation any of the following in line with the procedure:

1. newly proposed commercial activities
2. activities that are potentially commercial as determined by the COO or Council, or
3. changes to existing commercial activities.

4.5 All required proposal documentation must be completed and endorsed by both the sponsor and the evaluator before submission to the approval authority (refer the procedure).

Additional requirements for controlled entities

4.6 Council is responsible for the approval of all controlled entities and must adhere to and fulfil the obligations outlined in sections 16(1B) and 16A of the UTS Act, which outline limits on activities and functions and required governance arrangements to safeguard the university’s interests and limit its liability. 

4.7 Council requires each controlled entity to agree to observe the same limits on its activities and functions as apply to the university (outlined in section 16(1B) of the UTS Act). 

4.8 Controlled entities must provide reports to responsible senior executive and/or Council on their activities, functions and governance arrangements in line with this policy and the procedure. 

4.9 As far as is reasonably practical, Council must ensure that the proposal and establishment documents for each controlled entity: 

1. include appropriate limitation provisions in its constitution 
2. include a relevant corporate strategy and/or business plan outlining achievable and measurable goals, values and performance targets 
3. outline appropriate and effective risk management strategies, including independent evaluation, accountability and audit processes, in line with the UTS Act, this policy and the procedure 
4. has a nominated member of the UTS senior executive named as a responsible owner and that the entity’s directors possess the necessary expertise and experience to provide proper stewardship and control of the entity 
5. recommend the inclusion of board members who are not Council members, staff or students of the university, and 
6. outline governance principles, requirements and practices (including reporting requirements in line with Appendix 2) and a mechanism for reviewing these governance arrangements.

Register of commercial activities and controlled entities

4.10 A register of university commercial activities (the register), established by Council in line with section 21C of the UTS Act, is managed and maintained by the Office of General Counsel. Section 21C also outlines the details that must be included in the register for each of the university’s commercial activities. 

4.11 Council may, in accordance with section 21C(2), make alterations or exemptions to the register. Council must keep a record of and include such determinations in the register. 

4.12 Commercialisation of research activities is managed by the Research Office who will provide the Office of General Counsel with relevant details of research commercialisation for inclusion in the register (refer Research Intellectual Property and Research Translation Procedure). 

4.13 In addition to the requirements of section 21C, the register must also contain the following information for each controlled entity: 

1. the basis on which the controlled entity was established 
2. the formal status of the entity 
3. names of the directors or other owners including a short statement of their qualifications and experience 
4. a summary of the governance arrangements and processes established by the entity for its own commercial activities and details of where further information about the entity, including all reports received from that controlled entity, can be obtained, and 
5. information on commercial activities owned by UTS controlled entities that is equivalent to the information required by UTS for its own commercial activities. 

4.14 The register must be: 

1. kept up to date and accessible to Council members under conditions determined by Council and recorded in Council minutes, and 
2. reviewed every 3 years as outlined in the procedure. 

4.15 Council may authorise the Office of General Counsel to amend or supplement any details included in the register if: 

1. the details are considered inaccurate or incomplete, or 
2. an approved change to a commercial activity (in line with this policy and the procedure) requires a subsequent change to the relevant details included in the register.

Commercial activity review and reporting requirements

4.16 Every UTS commercial activity included in the register must be reviewed and risk assessed by the responsible owner at least once a calendar year in line with the procedure, with any changes to the activity’s risk profile or major modification to a commercial activity provided in an exception report to the relevant approval authority (as outlined in Appendix 1). 

4.17 The COO will report to the Audit and Risk Committee annually on all UTS commercial activities in line with the procedure. The Deputy Vice-Chancellor (Research) will report annually to Academic Board via the Research Committee on all research commercialisation (refer Research Intellectual Property and Research Translation Procedure). This does not preclude reference to research commercialisation activities being included in the broader report to the Audit and Risk Committee on research risks. Refer Appendix 2 for annual and triennial reporting requirements. 

4.18 Every 3 years, the COO will present a detailed report on all non-research commercial activities in the register to the Audit and Risk Committee and then to Council for their oversight and input. Every 3 years, the Deputy Vice-Chancellor (Research) will provide a detailed report on all commercial activities in the register to the Research Committee then Academic Board and Council for their oversight and input.

Additional reporting requirements for controlled entities and authorities of Council

4.19 To enable Council to have sufficient oversight, and to fulfil its obligations under the UTS Act and this policy, controlled entities must report on their functions, activities and governance arrangements as outlined in Appendix 2. 

4.20 The senior executive responsible for a controlled entity (the responsible owner) must, among other reporting requirements, provide Council with evidence that their assigned controlled entity continues to meet its responsibilities by reporting on: 

1. internal assessments and expert (external) evaluations of the nature, efficacy and adequacy of their management and operational systems and processes, and 
2. the identification of any amendments, additions and improvements to their systems and processes as requested by Council. 

4.21 Council may at any time: 

1. request reports or other information from a controlled entity 
2. declare that any particular commercial activity, or class of commercial activities, undertaken by a controlled entity shall be subject to additional processes and systems for assessment and approval, and/or 
3. request that responsible senior executive work with the controlled entity to review whether any activity proposed to be undertaken by a controlled entity should be subject to processes and systems more closely aligned or consistent with those that are used by the university for its own commercial activities.

Policy breaches

4.22 Breaches of this policy will be dealt with in accordance with the relevant Enterprise agreement, employment contract, the Code of Conduct and/or Council’s resolutions relating to conflicts of interest as appropriate. 

4.23 The COO is responsible for authorising corrective action to rectify all breaches of this policy and must report any activities that may involve serious wrongdoing for management under the Whistleblowing and Public Interest Disclosures Policy.

5. Roles and responsibilities

5.1 Policy owner: The Chief Operating Officer (COO), on behalf of the Vice-Chancellor, is responsible for the enforcement of and compliance with this policy and for the approval of any associated university level procedures.

5.2 Policy contact: The COO is responsible for the implementation of this policy, acting as a primary point of contact and providing advice to the university community about the operation of UTS commercial activities.

5.3 Implementation and governance roles:

The responsibilities of sponsors, approvers, evaluators and responsible owners are listed in Appendix 1. 

Evaluators (refer Appendix 1) are responsible for providing guidance and advice on the relevant commercial activity for which they are responsible. Evaluators and review authorities are approved by the Vice-Chancellor. 

Council and its committees receive reports on commercial activities as outlined in Appendix 2. Council is responsible for the oversight and management of commercial activities and controlled entities as outlined in the UTS Act and this policy. 

The Provost is responsible for engaging the independent person who will conduct the triennial review of the register. 

The Office of General Counsel is the university’s nominated custodian of the register of university commercial activities and is responsible for ensuring it is up-to-date and reported to Council in line with this policy. The Office of General Counsel is also responsible for the management of the request for contract signing (available at Office of General Counsel: Request for contract signing (SharePoint)). 

The Deputy Vice-Chancellor (Research) and the Research Committee support research translation and provide reports on research translation to Council. 

The Investment Committee is the management committee established by the Vice-Chancellor to assess investment risks and opportunities and provide investment advice and guidance to UTS management. 

The Property Steering Committee is the management committee established by the COO to provide advice and guidance to the COO on the management, allocation and use of property at UTS (refer also Space Management Policy).

6. Definitions

The following definitions apply for this policy and all associated procedures. These are in addition to terms defined in Part 4 of the UTS Act and Schedule 1, Student Rules. Definitions in the singular include the plural meaning of the word.

Approval authority (or approver) means Council or the UTS staff member with responsibility for approving a proposal for the establishment of a commercial activity in line with this policy and the procedure. Approval authorities must be satisfied that the requirements of the UTS Act and this policy have been met in advance of approval and may seek additional advice from evaluators, the Office of General Counsel and/or Council committees as necessary. The approval authority of a proposed activity must not be the sponsor of the activity.

Commercial activity (or activity) is defined in section 2 and Appendix 1 of this policy.

Controlled entity means any person, group of people or body as defined in section 16A of the UTS Act. Controlled entities are commercial activities. 

Evaluator means the UTS staff member responsible for evaluating a proposal for a commercial activity in line with this policy and the procedure. Evaluators must be satisfied that the requirements of the UTS Act and this policy have been met in advance of submission to the approval authority. Evaluators may also provide additional advice and context for approval authorities.

Proposal means any formal proposal developed in line with this policy and the procedure for the university to participate in a commercial activity. Proposals must be submitted on UTS’s formal proposal documentation as outlined in the procedure.

Research commercialisation is defined in the Research Policy. 

Research translation is defined in the Research Policy.

Responsible owner means the UTS individual/individuals responsible for the relationship with the controlled entity or commercial activity after the completion of the approval process. The responsible owner(s) should be identified, or the process for selecting the responsible owner should be identified, as part of the proposal. A member of the senior executive must be the responsible owner for controlled entities and commercial activities that are considered higher risk.

Risk is defined in the Risk Management Policy and for the purposes of this policy includes:

1. risk of financial loss
2. risk of incurring a legal liability
3. risk of loss of or damage to the reputation of the university
4. risk of corruption or malpractice
5. risk to workplace health, safety and wellbeing
6. risk of impairment of the conduct of UTS’s principal functions under section 6 of the UTS Act
7. risk of adverse tax or duty consequences to the university
8. other risks specific to a particular commercial activity where those risks are believed to be material, or
9. any other type of risk determined by Council to be a risk.

Serious wrongdoing is defined in the Whistleblowing and Public Interest Disclosures Policy.

Sponsor means the individual(s) responsible for proposing the establishment of a commercial activity under the scope of this policy.

Approval information

Policy contact	Chief Operating Officer
Approval authority	Council
Review date	2027
File number	UR20/1373
Superseded documents	Commercial Activities Policy 2015 (UR 15/329)

Version history

Version	Approved by	Approval date	Effective date	Sections modified
1.0	Council (COU/20-4/80)	19/08/2020	01/10/2020	New policy.
1.1	Deputy Director, Governance Support Unit (Delegation 3.14.2)	03/03/2021	03/03/2021	Minor correction to Appendix 4 to align frequency and timing of triennial reviews. Updates to references and links.
1.2	Council (COU/21-6/143)	24/11/2021	17/12/2021	Updates to reflect changes under the portfolio realignment (Fit for 2027) and minor operational fixes. Changes to appendix 1 (commercial leases) also approved via Physical Infrastructure Committee report (COU/21-6/142).
1.3	Director, Governance Support Unit (Delegation 3.14.1)	14/03/2022	14/03/2022	Updates to change policy contact from Manager, Strategic Initiatives to the Director, Risk. Other changes resulting from Fit for 2027 restructure and Operations division titles.
1.4	Director, Governance Support Unit (Delegation 3.14.1)	01/11/2022	02/11/2022	Changes and updates required as part of the policy migration project.
1.5	Deputy Director, Corporate Governance (Delegation 3.14.2)	24/11/2022	05/12/2022	Minor change to reflect new position title of General Counsel and Executive Director, Risk and Compliance.
1.6	Deputy Director, Corporate Governance (Delegation 3.14.2)	09/02/2023	09/02/2023	Minor change to refer to the new request for contract signing document managed by the Legal Unit.
1.7	Council (COU/23-2/38)	19/04/2023	05/05/2023	As part of a wider review, first suite of changes to reflect authority of Vice-Chancellor to approve establishment of research commercialisation companies and solely owned CRCs.
1.8	Council (COU/23-2/38)	19/04/2023	05/07/2023	Second suite of changes as part of a review to reflect the disestablishment of the Commercial Activities Committee.
1.9	Director, Governance Support Unit (Delegation 3.14.1)	08/09/2023	30/09/2023	Changes resulting from the development of the Whistleblowing and Public Interest Disclosures Policy.
1.10	Deputy Director, Corporate Governance (Delegation 3.14.2)	19/09/2024	23/09/2024	Update to reflect new title of Deputy Vice-Chancellor (External Engagement and Partnerships).
2.0	Council (COU/24-6/125)	27/11/2024	03/12/2024	Changes to streamline policy and procedure and to reflect new research translation activities.

References

Code of Conduct

Commercial Activities Management Procedure (SharePoint)

Competitive Neutrality and Pricing Policy

Conflicts of Interest Disclosure Policy

Enterprise agreements

Fraud and Corruption Prevention Policy

Guidelines to counter foreign interference in the Australian university sector 

Intellectual Property Policy 

Outside Work Policy

Philanthropic Fundraising Policy

Request for contract signing (available at Office of General Counsel: Request for contract signing (SharePoint))

Research Policy

Research Intellectual Property and Research Translation Procedure

Risk Management Policy

University Consulting Procedure (SharePoint)

University of Technology Sydney Act 1989 (NSW)

UTS Delegations

Whistleblowing and Public Interest Disclosures Policy

Appendix 1: Commercial activities evaluation, approval authorities and management and review responsibilities

The following commercial activities are listed by Council-approved classification.

1. Controlled entities

An entity over which UTS exercises control and that satisfies the definition in section 16A(6) of the UTS Act.

University commercial activity threshold/trigger	Process/stage	Authorities approved by Council/delegates (and source)
All	Evaluation	Investment Committee
	Approval	Council (under delegation 3.3.1)
	Review and monitoring	Chief Operating Officer

2. Commercial joint venture projects

Joint ventures (which are not research-related) with a specific commercial purpose that are undertaken by UTS in collaboration with another university and/or entity, conducted either offshore or in Australia, where both parties remain otherwise independent.

University commercial activity threshold/trigger	Process/stage	Authorities approved by Council/delegates
All activities with over $5,000,000 annual UTS income or expenditure, or involving a UTS interest in a company (excluding research, research translation, research commercialisation or CRC related companies)	Evaluation	Investment Committee
	Approval	Council (under delegation 3.4.1)
Establishment of (or participation in) research commercialisation companies. No limit to value of annual income or expenditure	Evaluation	Deputy Vice-Chancellor (Research)
	Approval (to be reported to next Council meeting)	Vice-Chancellor (under delegation 3.3.2)
All activities between $2,000,000 and $5,000,000 annual UTS income or expenditure, and not involving a UTS interest in a company	Evaluation	Investment Committee
	Approval	Vice-Chancellor (under delegation 3.4.1)
All activities between $1,000,000 to $2,000,000 annual UTS income or expenditure, and not involving a UTS interest in a company	Evaluation	Chief Operating Officer
	Approval	Chief Operating Officer (under delegation 3.4.1)
All activities between $750,000 and $1,000,000 annual UTS income or expenditure, and not involving a UTS interest in a company	Evaluation	Chief Operating Officer
	Approval	Any member of the senior executive (refer Delegations)
All activities with $750,000 or under annual UTS income or expenditure, and not involving a UTS interest in a company	Evaluation	Chief Operating Officer
	Approval	Delegate with the appropriate authority under financial delegation 1.2.1 (replicated in 3.4.1) (refer Delegations)
All joint venture projects	Review and monitoring	Chief Operating Officer

3. Intellectual property commercialisation

Licensing of intellectual property for the university’s commercial benefit (long or short-term). These are executed via legal agreement. This includes: 

1. licensing or assignment agreements for a royalty stream and/or lump sum payment arising from intellectual property 
2. licensing or future assignment of intellectual property into a startup company where UTS receives shares or other financial return in consideration for the value of the UTS intellectual property.

University commercial activity threshold/trigger	Process/stage	Authorities approved by Council/delegates
Licensing or assignment of research intellectual property (commercialisation of research) excepting licences under normal course research funding agreements. Refer the Research Policy and the Research Intellectual Property and Research Translation Procedure.	Evaluation	Director, Research Office
	Approval of licensing or assignment of research intellectual property	Deputy Vice-Chancellor (Research) (under delegation 1.18.2.1 and 1.18.2.2)
	Review and monitoring	Director, Research Office
Establishment of a company to further translate research intellectual property. Refer the Research Policy and the Research Intellectual Property and Research Translation Procedure.	Evaluation	Director, Research Office
	Approval to establish a company for the purposes of research translation	Vice-Chancellor (under delegation 3.3.1.1)
	Review and monitoring	Director, Research Office
Licensing or assignment of non-research intellectual property	Evaluation	Chief Operating Officer
	Approval	Provost (under delegation 1.18.3)
	Review and monitoring	Chief Operating Officer
Establishment of a student-related startup company with UTS investment >$100,000	Evaluation	Investment Committee
	Approval	Council (under delegation 3.3.7)
	Review and monitoring	Chief Operating Officer
Establishment of a student-related startup company with UTS investment <$100,000	Evaluation	Investment Committee
	Approval	Deputy Vice-Chancellor (External Engagement and Partnerships) (under delegation 3.3.7)
	Review and monitoring	Chief Operating Officer

4. Commercial lease

The lease of UTS property to an external party on a long-term basis (a period of greater than 12 months) as approved in accordance with the policy, Delegations and overseen by the Director, Property.

University commercial activity threshold/trigger	Process/stage	Authorities approved by Council/delegates
Where lease is included in UTS premises lease plan approved by Vice-Chancellor (under delegation 1.4.6)	Evaluation	Manager, Retail and Commercial Property
	Approval	Director, Property
In exceptional circumstances, where lease is not included in the UTS premises lease plan approved by the Vice-Chancellor, and is valued up to $5,000,000	Evaluation	Property Steering Committee
	Approval (reporting to the Vice-Chancellor at first opportunity)	Director, Property (under delegation 1.4.7)
Where lease is not included in the UTS premises lease plan approved by the Vice-Chancellor and is valued over $5,000,000	Evaluation	Property Steering Committee
	Approval	Vice-Chancellor
All leases	Review and monitoring	Chief Operating Officer

5. Public clinics

The provision of health or other services for a fee where staff and students are not the primary client group.

University commercial activity threshold/trigger	Process/stage	Authorities approved by Council/delegates
The provision of health or other services to the public for a fee, where UTS students and/or staff are not the primary client group	Evaluation	Dean/director of relevant faculty/unit/institute
	Approval	Provost (under delegation 3.12.1)
	Review and monitoring	Chief Operating Officer

6. Offshore projects

Any risk assessed activity that involves the university’s operations offshore. This excludes offshore research translation (refer the Research Policy and the Research Intellectual Property and Research Translation Procedure), offshore short forms of learning (refer Short Forms of Learning Policy and Delegations) and other teaching and learning activities (refer Offshore Teaching and Learning Activities Policy).

University commercial activity threshold/trigger	Process/stage	Authorities approved by Council/delegates
All	Evaluation	As per commercial classification 1 to 5 above, following consultation with the Deputy Vice-Chancellor (International)
	Approval	As per commercial classification 1 to 5 above, following consultation with the Deputy Vice-Chancellor (International)
	Review and monitoring	Chief Operating Officer

 

Appendix 2: UTS commercial activities reporting protocol

Visit Appendix 2: UTS commercial activities reporting protocol (PDF).

Appendix 3: Activities that are not commercial (UTS core business)

UTS functions and activities (non-commercial)	Definitions, examples and/or comments
Award courses, short forms of learning, education and training activities and university non-award study delivered on or offshore	Refer Schedule 1, Student Rules, the Short Forms of Learning Policy and the Course Approval Policy.
Research	Research is defined in the Research Policy. Examples include:  any research, including contracted research, that is funded by federal, state and/or local governments, including agencies of government  Australian Research Council Linkage Project grants  onshore and offshore research projects  research projects managed under the Research Policy, including MOUs and agreements and not for profit research joint-ventures  research publications  the provision of contract research, expert advice and consulting activities to a corporate entity or other external party for a fee. Managed by the Research Office in line with the Research Policy, the University Consulting Procedure (SharePoint) and the Outside Work Policy  licensing of the university’s intellectual property to companies that are funding research (including for commercial exploration with no identified commercial benefit for the university)  participation in a Cooperative Research Centre (CRC) (industry-led collaborations between researchers, industry and the community) or companies established in relation to research translation. CRCs are managed via a government grant process and overseen by rigorous governance and management processes by the Deputy Vice-Chancellor (Research) and the Research Office. The Deputy Vice-Chancellor (Research) is responsible for approving CRCs and alignment with UTS strategy and values.
University consulting	Consulting or the provision of services for a fee arranged with an external party managed and approved in accordance with the University Consulting Procedure (SharePoint).
Activities undertaken in response to a grant, funding agreement or other agreement with the federal, state or territory government or their funding bodies	Any activity resulting from a grant that supports the object and functions of UTS. This could be either part of a research or research translation activity or may be unrelated to research (refer Research Policy).
Capital development	University capital developments, general maintenance and the management of UTS capital funds is overseen by Council’s Infrastructure Committee and management in accordance with the UTS Delegations. UTS does not undertake capital development of a commercial nature.
UTS facilities and property hire	The hire of UTS property and/or facilities to external or internal parties as part of our community engagement. This is managed under the Facilities Hire Policy.
Academic conferences, workshops or events	A conference, workshop or event whose principal purpose is to support or develop normal academic and research activities of the university and not for any commercial purpose.  This includes a conference, workshop or event that is conducted by UTS for UTS staff or students. These events may be shared with an external entity where costs may be shared but no fee for service is charged.
Services provided on a cost-recovery or not-for-profit basis	Including, but not limited to, academic conferences, graduation gown hire, printed materials, library fines, field trips and late fees, facilities hire.
The sale or provision of amenities, services, goods, facilities or equipment to faculties, units, staff and students as members of the university community whether provided via UTS or a contracted third party	Includes the provision of services between units or faculties. This may or may not include the transfer of funds.  Including, but not limited to, the campus health services, student legal services, IT services, sporting facilities, library services and housing, where UTS students and/or staff are the primary client group.
Private consulting	As defined in the Outside Work Policy.
Charitable fundraising or development activities or sponsorship conducted by or on behalf of the university	Refer Philanthropic Fundraising Policy.
The purchase and sale of property and shares where making a financial profit is not the primary purpose	Where UTS acquires or purchases shares in a company either by providing cash, intellectual property or any other consideration, disposes of shares, or purchases or disposes of property. Refer Treasury and Investment Policy.
Investment in infrastructure and the management and maintenance of UTS facilities	University capital developments, general maintenance or the management of UTS capital funds where the outcome is solely to improve our physical infrastructure for the purposes of normal university business.
Activities undertaken in a legal entity (such as a company) in which UTS has an interest	Excluding activities in controlled entities or commercial joint ventures of the university (refer statement 3.3 where there is ambiguity).
An activity exempted by Council on a legal, financial, risk and general liabilities basis	In line with the Delegations.
Other non-commercial collaborations	The university forming a membership or partnership with an association, trust, joint venture that is onshore for a purpose of engaging in activities described in this statement.