AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959 [Note: This Act is "repealed" by Act No. 25 of 1977]
(#DATE 19:12:1973)
Compilation Information
- Reprinted as at 19 December 1973
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - TABLE OF PROVISIONS
TABLE
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Definitions
4. Certain institutions to be treated as universities
5. Establishment of Commission
6. Acting members
7. Remuneration
8. Leave of absence
9. Dismissal of members
10. Resignation of members
11. Vacation of office
12. Meetings
13. Functions of Commission
14. Performance of functions of Commission
15. Periodical reports
16. Other reports
17. Committees
18. Officer of Commonwealth becoming Chairman or Deputy Chairman
19. Staff
20. Regulations
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 1.
Short title.
SECT
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973
An Act to establish an Australian Universities Commission.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Australian Universities Commission Act
1959-1973.*
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 3.
Definitions.
SECT
Amended by No. 117, 1971, s. 3.
3. In this Act, unless the contrary intention appears-
''financial assistance'', in relation to a university established by the
Commonwealth, includes assistance by way of the expenditure of moneys by the
Commonwealth for the purposes of the university;
''member'' means a member of the Commission, and includes an acting member
of the Commission;
''the Chairman'' means the Chairman of the Commission;
''the Commission'' means the Australian Universities Commission established
by this Act;
''the Deputy Chairman'' means the Deputy Chairman of the Commission;
''university'' means a university within Australia, and includes an
institution or proposed institution specified in a direction that is for the
time being in force under the next succeeding section.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 4.
Certain institutions to be treated as universities.
SECT
4. (1) The Minister may, by instrument under his hand, direct that this Act
shall apply in relation to an institution or proposed institution in Australia
specified in the instrument, being an institution or proposed institution for
the provision of higher education (including a residential college connected
with a university).
Added by No. 117, 1971, s. 4.
(2) The reference in the last preceding sub-section to higher education
shall be read as not including a reference to education that is advanced
education for the purposes of the Australian Commission on Advanced Education
Act 1971.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 5.
Establishment of Commission.
SECT
5. (1) There shall be a Commission by the name of the Australian
Universities Commission.
Amended by No. 28, 1962, s. 3; No. 63, 1965, s. 3; and No. 117, 1971, s. 5.
(2) The Commission shall consist of a Chairman, a Deputy Chairman and such
other members, not being less than two in number nor more than eight in
number, as are appointed from time to time.
(3) The members of the Commission shall be appointed by the
Governor-General.
Amended by No. 117, 1971, s. 5.
(4) The Chairman shall be appointed for a term not exceeding seven years,
the Deputy Chairman shall be appointed for a term not exceeding seven years
and each other member shall be appointed for a term not exceeding three
years.
(5) A member is eligible for re-appointment.
(6) The performance of the functions of the Commission is not affected by
reason only of there being a vacancy in the office of a member.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 6.
Acting members.
SECT
6. (1) In the event of the inability of a member (whether on account of
illness or otherwise) to attend meetings of the Commission, the Minister may
appoint a person to be an acting member during that inability, and the person
so appointed has all the powers and functions of a member.
(2) In the event of the inability of the Chairman (whether on account of
illness or otherwise) to attend meetings of the Commission, the Minister may
appoint a member to be the Acting Chairman of the Commission during that
inability.
Substituted by No. 117, 1971, s. 6.
(3) In the event of the inability of the Deputy Chairman (whether on account
of illness or otherwise) to attend meetings of the Commission, the Minister
may appoint a member, other than the Chairman, to be the Acting Deputy
Chairman of the Commission during that inability.
Added by No. 117, 1971, s. 6.
(4) An appointment under this section may be terminated at any time by the
Minister.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 7.
Remuneration.
SECT
Substituted by No. 117, 1971, s. 7.
7.* (1) The Chairman shall be paid remuneration at the rate of Twenty
thousand eight hundred dollars a year, an annual allowance at the rate of One
thousand dollars a year and such other allowances as are prescribed.
(2) The Deputy Chairman shall be paid remuneration at the rate of Sixteen
thousand five hundred and twenty-eight dollars a year and such allowances as
are prescribed.
(3) A member other than the Chairman or the Deputy Chairman shall be paid
remuneration at the rate of Two thousand six hundred dollars a year and such
allowances as are prescribed.
(4) An Acting Chairman of the Commission (not being a full-time Acting
Chairman), or an Acting Deputy Chairman of the Commission (not being a
full-time Acting Deputy Chairman), shall, in addition to the remuneration and
allowances payable to him under the last preceding sub-section, be paid such
other allowances, if any, as are prescribed.
(5) In this section, unless the contrary intention appears-
''full-time Acting Chairman'' means an Acting Chairman of the Commission who
is the Deputy Chairman of the Commission or any other Acting Chairman who,
under a term of his appointment as Acting Chairman, is required to give the
whole of his time to the duties of his office as Acting Chairman;
''full-time Acting Deputy Chairman'' means an Acting Deputy Chairman of the
Commission who, under a term of his appointment as Acting Deputy Chairman, is
required to give the whole of his time to the duties of his office as Acting
Deputy Chairman;
''the Chairman'' includes a full-time Acting Chairman;
''the Deputy Chairman'' includes a full-time Acting Deputy Chairman.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 8.
Leave of absence.
SECT
8. The Minister may grant leave of absence to a member upon such terms and
conditions as to remuneration or otherwise as the Minister determines.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 9.
Dismissal of members.
SECT
9. The Governor-General may terminate the appointment of a member for
inability, inefficiency or misbehaviour.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 10.
Resignation of members.
SECT
10. A member may resign his office by writing under his hand addressed to
the Governor-General.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 11.
Vacation of office.
SECT
Amended by No. 117, 1971, s. 8.
11. If a member-
(a) being the Chairman or the Deputy Chairman, engages in paid employment
outside the duties of his office without the approval of the Minister;
(b) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit; or
(c) is absent, except on leave granted by the Minister, from three
consecutive meetings of the Commission,
the Governor-General shall, by notice in the Gazette, declare that the office
of the member is vacant, and thereupon the office shall be deemed to be
vacant.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 12.
Meetings.
SECT
12. (1) The Commission shall hold such meetings as are necessary for the
performance of its functions.
(2) The Minister or the Chairman may at any time convene a meeting of the
Commission.
(3) The Chairman shall preside at all meetings of the Commission at which he
is present.
Inserted by No. 117, 1971, s 9.
(3A) In the event of the absence of the Chairman from a meeting of the
Commission, being a meeting at which the Deputy Chairman is present, the
Deputy Chairman shall preside at the meeting.
Amended by No. 117, 1971, s. 9.
(4) In the event of the absence of both the Chairman and the Deputy Chairman
from a meeting of the Commission, the members present shall appoint one of
their number to preside at that meeting.
Substituted by No. 63, 1965, s. 4.
(5) At a meeting of the Commission, a quorum is constituted-
(a) if the Commission consists of three or four members-by not less than
two members;
(b) if the Commission consists of five or six members-by not less than
three members; or
(c) if the Commission consists of seven or more members-by not less than
four members.
(6) Questions arising at a meeting of the Commission shall be determined by
a majority of the votes of the members present.
(7) The member presiding at a meeting of the Commission has a deliberative
vote and, in the event of an equality of votes, also has a casting vote.
Added by No. 117, 1971, s. 9.
(8) In this section-
''the Chairman'' includes an Acting Chairman of the Commission;
''the Deputy Chairman'' includes an Acting Deputy Chairman of the
Commission.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 13.
Functions of Commission.
SECT
Sub-section (1) amended by No. 35, 1967, s. 3.
13. (1) The functions of the Commission are to furnish information and
advice to the Minister on matters in connexion with the grant by the
Commonwealth of financial assistance to universities established by the
Commonwealth and of financial assistance to the States in relation to
universities, including information and advice relevant to-
(a) the necessity for financial assistance and the conditions upon which
any financial assistance should be granted; and
(b) the amount and allocation of financial assistance.
Sub-section (2) omitted by No. 35, 1967, s. 3.
* * * * * * * *
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 14.
Performance of functions of Commission.
SECT
14. (1) The Commission shall perform its functions with a view to promoting
the balanced development of universities so that their resources can be used
to the greatest possible advantage of Australia.
Amended by No. 117, 1971, s. 10.
(2) For the purpose of the performance of its functions, the Commission
shall consult with universities, with the Australian Commission on Advanced
Education and with the States upon the matters on which it is empowered to
furnish information and advice.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 15.
Periodical reports.
SECT
15. (1) The Commission shall, at such times and in respect of such periods
as the Minister directs, furnish to the Minister reports containing
recommendations with respect to the financial assistance that should be
granted to or in relation to universities in respect of those periods and the
conditions upon which the financial assistance should be granted.
(2) The Minister shall, as soon as practicable, cause each report under the
last preceding sub-section to be laid before each House of the Parliament.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 16.
Other reports.
SECT
16. In addition to the reports referred to in the last preceding section,
the Commission shall furnish to the Minister such reports as the Minister
requires and may furnish such other reports as the Commission thinks fit.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 17.
Committees.
SECT
17. (1) The Minister may, at the request of the Commission, appoint a
Committee to assist the Commission in relation to a matter specified in the
request.
(2) A Committee appointed under this section shall consist of such persons,
whether members of the Commission or not, as the Minister thinks fit.
Substituted by No. 117, 1971, s. 11.
(3) A member of a Committee shall be paid such fees and allowances as are
prescribed, and shall hold office on such other terms and conditions as the
Minister determines.
(4) A Committee shall make such inquiries, and furnish to the Commission
such reports, in connexion with the matter in relation to which it has been
appointed as the Commission directs.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 18.
Officer of Commonwealth becoming Chairman or Deputy Chairman.
SECT
Amended by No. 117, 1971, s. 12; and No. 216, 1973, s. 3.
18. If a person appointed as the Chairman or Deputy Chairman was,
immediately before his appointment, an officer of the Public Service of the
Commonwealth-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as Chairman or
Deputy Chairman shall be taken into account as if it were service in the
Public Service of the Commonwealth.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 19.
Staff.
SECT
Added by No. 129, 1968, s. 3.
19. (1) The staff of the Commission shall be employed under the Public
Service Act 1922-1968.
(2) For the purposes of this section, the Chairman has all the powers of, or
exercisable by, a Permanent Head under the Public Service Act 1922-1968 so far
as those powers relate to the branch of the Public Service of the Commonwealth
comprising the staff of the Commission, as if that branch were a separate
Department.
(3) The Chairman may, by instrument in writing, and either generally or to
the extent provided in the instrument, delegate to an officer employed under
the Public Service Act 1922-1968 all or any of the powers and functions vested
in or exercisable by the Chairman under this section (except this power of
delegation).
(4) A power or function delegated under this section may be exercised or
performed by the delegate as fully and effectually as by the Chairman.
(5) A delegation under this section is revocable at will and does not
prevent the exercise of a power or the performance of a function by the
Chairman.
Added by No. 117, 1971, s. 13.
(6) In this section, ''the Chairman'' includes an Acting Chairman of the
Commission.
AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - SECT. 20.
Regulations.
SECT
Added by No. 117, 1971, s. 14.
20. The Governor-General may make regulations, not inconsistent with this
Act, prescribing fees and allowances, other than annual allowances, for the
purposes of section seven or sub-section (3) of section seventeen of this
Act.
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AUSTRALIAN UNIVERSITIES COMMISSION ACT 1959-1973 - NOTES
NOTES
1. The Australian Universities Commission Act 1959-1973 comprises the
Australian Universities Commission Act 1959 as amended by the other Acts
specified in the following table:
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Number Date of Date of
Act and year Assent commencement
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Australian Universities
Commission Act 1959 No. 30, 1959 7 May 1959 7 May 1959
Australian Universities
Commission Act 1962 No. 28, 1962 21 May 1962 21 May 1962
Australian Universities
Commission Act 1965 No. 63, 1965 6 Oct 1965 6 Oct 1965
Australian Universities
Commission Act 1967 No. 35, 1967 25 May 1967 30 Aug 1968 (see
Gazette 1968,
p. 4842)
Australian Universities
Commission Act 1968 No. 129, 1968 9 Dec 1968 9 Dec 1968
Australian Universities
Commission Act 1971 No. 117, 1971 9 Dec 1971 9 Dec 1971
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S.7-By section 15 of, and Schedule 4 to, the Remuneration and Allowances
Acts 1973, the rate per annum of the salary applicable to the office of
Chairman of the Australian Universities Commission is $26,700 and that of
Deputy Chairman $19,148 with an annual allowance applicable to the office of
Chairman of $1,200.