Federal Register of Legislation - Australian Government

Primary content

Act No. 104 of 1967 as amended, taking into account amendments up to Act No. 191 of 1979
Registered 24 Nov 2009
Start Date 01 Jan 1980
End Date 01 Jan 1990
Date of repeal 01 Jan 1990
Repealed by University of Canberra Act 1989

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 [Note: This Act is "repealed" by Act No. 179 of 1989]
(#DATE 31:07:1981)

Compilation Information

- Reprinted as at 31 July 1981
*1* The Canberra College of Advanced Education Act 1967 (a) as shown in this
reprint comprises Act No. 104, 1967 as amended by the other Acts specified in
the following table:
----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
----------------------------------------------------------------------------
Canberra College of
Advanced Education
Act 1967 104, 1967 14 Nov 1967 14 Nov 1967
Canberra College of
Advanced Education
Act 1970 114, 1970 11 Nov 1970 11 Nov 1970 S. 19
Statute Law
Revision Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1) and 10
Canberra College of
Advanced Education
Act 1975 95, 1975 2 Sept 1975 2 Sept 1975 S. 4 (2)
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June 1978 12 June 1978 S. 8
Canberra College of
Advanced Education
Amendment Act 1979 191, 1979 6 Dec 1979 1 Jan 1980 -
---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS


Section

1. Short title

2. Commencement

3. Interpretation

4. Establishment of College

5. Functions of College

6. Powers of College

7. The Council

8. Constitution of Council

9. (Repealed)

10. Members elected by teaching staff

10A. Members elected by students

11. Members appointed by the Governor-General

12. Members appointed by Council

13. Chairman and Deputy Chairman of the Council

14. Disqualifications

15. Vacation of office

16. Meetings of Council

17. Validity of proceedings

18. (Repealed)

19. Principal of College

20. Terms and conditions of service of staff

21. Statutes

22. Statutes to be approved by the Governor-General and notified in
Gazette

23. No religious test

23A. Membership of organization not to be compulsory

24. Contracts by College

25. Fees

25A. Fees for the provision of amenities and services to students

26. Moneys of College

27. Bank accounts

28. Proper accounts to be kept

29. Audit

29A. Taxation

30. Reports

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - LONG TITLE

SECT

An Act to establish a College of Advanced Education in the Australian Capital Territory

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 1.
Short title

SECT

1. This Act may be cited as the Canberra College of Advanced Education Act 1967.*1*


See notes to first article of this CHAPTER.

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 2.
Commencement

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*1*


See notes to first article of this CHAPTER.

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 3.
Interpretation

Amended by No. 114, 1970, s. 3

SECT

3. In this Act, unless the contrary intention appears-

''ex officio member'' means a member being the Principal of the College, the Vice-Chancellor or the Deputy Vice-Chancellor;

''member'' means a member of the Council;

''the College'' means the Canberra College of Advanced Education established by this Act;

''the Council'' means the Council of the Canberra College of Advanced Education established under this Act;

''the Deputy Vice-Chancellor'' means the person holding the office of Deputy Vice-Chancellor of the Australian National University;

''the Vice-Chancellor'' means the person holding the office of Vice-Chancellor of the Australian National University.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 4.
Establishment of College

SECT

4. (1) A body corporate is hereby established under the name ''Canberra College of Advanced Education''.


(2) The College-

(a) shall have a seal;

(b) has power to acquire, hold and dispose of real and personal property; and

(c) may sue and be sued in its corporate name.


(3) The design of the seal of the College shall be as determined by the Council.


(4) The seal of the College shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.


(5) All courts, judges and persons acting judicially shall take judicial notice of the seal of the College affixed to a document and shall presume that it was duly affixed.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 5.
Functions of College

Amended by No. 114, 1970, s. 4

SECT

5. The functions of the College are-

(a) to conduct, in the Australian Capital Territory, an institution for the provision of education and training of such kinds, and in such departments of science, technology, art, administration, commerce and other fields of knowledge or of the application of knowledge, as the Council, with the approval of the Minister, determines or as the Minister requires, and, in particular, education and training appropriate to professional and other occupations requiring advanced education;

(b) to use the facilities and resources of the College to advance and develop knowledge and skills in the fields with which the College is concerned;

(c) to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the College as are provided for by the Statutes; and

(d) to do anything incidental or conducive to the performance of the foregoing functions.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 6.
Powers of College

SECT

6. (1) The College has power to do, in the Australian Capital Territory or elsewhere, all things that are necessary or convenient to be done for or in connexion with the performance of its functions.


(2) Without limiting the generality of the last preceding sub-section, the powers of the College referred to in that sub-section include power-

(a) to enter into contracts;

(b) to purchase, take on lease or otherwise acquire, and to sell, grant leases of, or otherwise dispose of, real or personal property;

(c) to erect buildings;

(d) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the College;

(e) to employ such persons as are necessary;

(f) to accept gifts, devises and bequests made to the College, whether on trust or otherwise, and to act as trustee of moneys or other property vested in the College upon trust; and

(g) to invest moneys of the College and to dispose of investments.


Added by No. 191, 1979, s. 3

SECT

(3) Notwithstanding anything contained in this Act, any moneys or other property held by the College upon trust shall be dealt with in accordance with the powers and duties of the College as trustee.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 7.
The Council

SECT

7. (1) The governing authority of the College is a Council to be known as ''The Council of the Canberra College of Advanced Education''.


(2) All acts and things done in the name of, or on behalf of, the College with the authority of the Council shall be deemed to have been done by the College.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 8.
Constitution of Council

Substituted by No. 114, 1970, s. 5

SECT

8. (1) The Council shall consist of-

(a) the Principal of the College;

(b) the Vice-Chancellor and (subject to the restriction on his right to attend meetings contained in sub-section (5) of this section) the Deputy Vice-Chancellor;

(c) three members of the teaching staff of the College elected by that teaching staff;

(d) two students of the College elected by the students of the College;

(e) persons not exceeding eight in number appointed by the Governor-General;

(f) persons not exceeding four in number appointed by the Council; and

(g) if a person other than a person who is already a member of the Council is appointed, in accordance with section 13 of this Act, to be the Chairman of the Council, the person so appointed.


(2) Of the three members of the teaching staff of the College referred to in paragraph (c) of the last preceding sub-section-

(a) one shall be elected at an election at which only members of the senior teaching staff of the College are eligible to be candidates; and

(b) the others shall be elected at an election or elections at which, subject to the Statutes, any member of the teaching staff may be a candidate.


(3) The Statutes relating to the election of the two students referred to in paragraph (d) of sub-section (1) of this section may make such provision with respect to the students who may be candidates at an election or with respect to the students who may vote at an election, or with respect to both those matters, as the Council thinks desirable with a view to ensuring the separate representation on the Council of full-time students of the College or of part-time students of the College.


(4) If a person other than the Principal of the College is for the time being performing the duties of the office of Principal of the College, that person may attend meetings of the Council and, for the purposes of those meetings, shall be deemed to be a member of the Council.


(5) The Deputy Vice-Chancellor is not entitled to attend a meeting of the Council that is attended by the Vice-Chancellor or a person entitled to attend that meeting by virtue of the next succeeding sub-section.


(6) If a person other than the Vice-Chancellor or the Deputy Vice- Chancellor is for the time being performing the duties of the office of Vice-Chancellor, that person may, in the absence of the Vice-Chancellor, attend meetings of the Council and, for the purposes of those meetings, shall be deemed to be a member of the Council.


(7) If a person other than the Deputy Vice-Chancellor is for the time being performing the duties of the office of Deputy Vice-Chancellor, that person may attend meetings of the Council, not being meetings attended by the Vice-Chancellor, the Deputy Vice-Chancellor or a person entitled to attend the meeting by virtue of the last preceding sub-section, and, for the purposes of those meetings, shall be deemed to be a member of the Council.


(8) The term of office of a member other than an ex officio member shall be as provided by this Act, but, subject to sub-section (6) of section 10A of this Act, such a member is eligible for re-appointment or re-election.


Section 9 repealed by No. 114, 1970, s. 6
* * * * * * * *

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 10.
Members elected by teaching staff

SECT

10. (1) In this section, ''staff member'' means a member of the Council referred to in paragraph (c) of sub-section (1) of section 8 of this Act.


Amended by No. 114, 1970, s. 7

SECT

(2) Of the three staff members first elected, one shall hold office, subject to this Act, for a period of two years and two shall hold office, subject to this Act, for a period of one year, and the terms of office of those members shall commence on a date to be determined by the Minister.


(3) Except as otherwise provided by this section, a staff member shall hold office, subject to this Act, for a period of two years from the expiration of the term of office of the member whose place he fills.


(4) If a staff member has ceased to hold office before the expiration of his term of office, a staff member shall, if the Minister so directs, be elected to hold office until the expiration of that term, and the election shall be held in accordance with whichever of the paragraphs of sub-section (2) of section 8 of this Act was applicable to the election of the member who has ceased to hold office.


(5) A staff member ceases to be a member if he ceases to be a member of the teaching staff of the College.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 10A.
Members elected by students

Inserted by No. 114, 1970, s. 8

SECT

10A. (1) In this section, ''student member'' means a member of the Council referred to in paragraph (d) of sub-section (1) of section 8 of this Act.


(2) Except as otherwise provided by this section, a student member shall hold office, subject to this Act, for a period of one year and the term of office of a student member shall commence-

(a) if it is the first term of office of one of the two student members first elected-on a date to be determined by the Minister; and

(b) in any other case-on the expiration of the term of office of the member whose place the student member fills.


(3) If a student member has ceased to hold office before the expiration of his term of office, a student member shall, if the Minister so directs, be elected to hold office from the date of his election until the expiration of that term, and the election shall be held in accordance with any Statute that was applicable to the election of the member who has ceased to hold office.


(4) Except as otherwise provided by the Statutes, a student member ceases to be a member if the Council determines that he has ceased to be a student of the College.


(5) The Statutes may provide that-

(a) a student member elected at an election at which only full-time students of the College were eligible to be candidates ceases to be a member if he ceases to be a full-time student of the College; or

(b) a student member elected at an election at which only part-time students of the College were eligible to be candidates ceases to be a member if he ceases to be a part-time student of the College.


(6) Where a person has been elected as a student member on two occasions, he is not eligible to be again elected as a student member.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 11.
Members appointed by the Governor-General

Amended by No. 114, 1970, s. 9

SECT

11. A member appointed by the Governor-General in accordance with paragraph (e) of sub-section (1) of section 8 of this Act shall be appointed to hold office, subject to this Act, for such period, not exceeding four years, as the Governor-General thinks fit.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 12.
Members appointed by Council

Amended by No. 114, 1970, s. 10

SECT

12. A member appointed by the Council in accordance with paragraph (f) of sub-section (1) of section 8 of this Act shall be appointed to hold office, subject to this Act, for such period, not exceeding four years, as the Council thinks fit.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 13.
Chairman and Deputy Chairman of the Council

Sub-section (1) amended by No. 114, 1970, s. 11

SECT

13. (1) The Council shall, from time to time as occasion requires-

(a) appoint a member of the Council (not being an ex officio member) or another person to be the Chairman of the Council; and

(b) appoint a member of the Council to be the Deputy Chairman of the Council.


(2) If the Council appoints as Chairman a person who is not a member, the Council shall specify a period, not exceeding four years, as the term for which he is appointed, and the person so appointed-

(a) becomes a member on the date on which his appointment as Chairman takes effect and continues to be a member, subject to this Act, for the period so specified by the Council;

(b) ceases to be the Chairman at the end of the period so specified or if he sooner ceases to be a member; and

(c) may resign his office as Chairman by writing under his hand delivered to the Minister, in which event he also ceases to be a member.


(3) A member of the Council appointed as Chairman or Deputy Chairman holds office as Chairman or Deputy Chairman-

(a) for the period, if any, fixed by the Council at the time of the appointment; or

(b) if no period is so fixed, until the expiration of his term of office as a member that is current at the time of the appointment,

but ceases to be the Chairman or Deputy Chairman if he ceases to be a member, and may resign his office as Chairman or Deputy Chairman by writing under his hand delivered to the Deputy Chairman or to the Chairman.


(4) A person is eligible to be re-appointed as the Chairman or Deputy Chairman.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 14.
Disqualifications

Amended by No. 114, 1970, s. 12

SECT

14. A person who-

(a) is not of the full age of eighteen years;

(b) is an undischarged bankrupt or a person in respect of whom there is in operation a composition, deed of arrangement or deed of assignment with his creditors under the law relating to bankruptcy; or

(c) is under sentence of imprisonment for an offence,

is not capable of becoming a member.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 15.
Vacation of office

SECT

15. (1) If a member other than an ex officio member-

(a) becomes a person referred to in paragraph (b) or (c) of the last preceding section;

(b) is absent without leave of the Council from three consecutive meetings of the Council; or

(c) without reasonable excuse, fails to comply with his obligations under the next succeeding sub-section,

the Governor-General shall remove him from office.


(2) A member who is directly or indirectly interested in a contract made or proposed to be made by the College, otherwise than as a member of, and in common with the other members of, an incorporated company consisting of not less than twenty-five persons, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Council.


(3) A disclosure under the last preceding sub-section shall be recorded in the minutes of the Council and the member-

(a) shall not take part after the disclosure in any deliberation or decision of the Council with respect to the contract; and

(b) shall be disregarded for the purpose of constituting a quorum of the Council for any such deliberation or decision.


(4) If an interest referred to in sub-section (2) of this section is patent, that sub-section does not apply but the last preceding sub-section applies as if there had been a disclosure in accordance with sub-section (2) of this section.


(5) The Governor-General may remove a member other than an ex officio member from office on the ground of misbehaviour or physical or mental incapacity.


(6) A member other than an ex officio member may resign from membership of the Council by writing under his hand delivered to the Chairman or the Deputy Chairman.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 16.
Meetings of Council

SECT

16. (1) The Chairman or if, for any reason, the Chairman is not available, the Deputy Chairman-

(a) may convene meetings of the Council, and shall comply with any resolution of the Council with respect to the convening of meetings; and

(b) shall, on receipt of a written request signed by not less than four members, convene a meeting of the Council.


(2) If neither the Chairman nor the Deputy Chairman is available, the Minister may convene a meeting of the Council.


(3) The Chairman shall preside at all meetings of the Council at which he is present.


(4) At a meeting of the Council at which the Chairman is not present, the Deputy Chairman shall preside.


(5) At a meeting of the Council at which neither the Chairman nor the Deputy Chairman is present, the members present shall appoint one of their number to preside.


Amended by No. 114, 1970, s. 13

SECT

(6) At a meeting of the Council, one-half of the members for the time being of the Council, the Vice-Chancellor and the Deputy Vice-Chancellor being counted as one member, constitute a quorum.


(7) Subject to the next succeeding sub-section, all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, and for this purpose the member presiding at the meeting has a deliberative vote only.


(8) In the event of an equality of votes on a resolution proposed at a meeting of the Council, the resolution shall be taken not to be passed, but if the same resolution is proposed at the next meeting of the Council held on a subsequent day and there is again an equality of votes, the member presiding at that meeting has a casting vote on the proposed resolution.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 17.
Validity of proceedings

SECT

17. No act or proceeding of, or of the members of any committee of, the Council, is invalidated by reason of-

(a) a defect in the appointment or election of a member;

(b) a disqualification of a member;

(c) a defect in the convening of a meeting; or

(d) a vacancy or vacancies in the membership of the Council.


Section 18 repealed by No. 114, 1970, s. 14
* * * * * * * *

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 19.
Principal of College

SECT

19. There is hereby established an office in the service of the College of Principal of the College.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 20.
Terms and conditions of service of staff

SECT

20. (1) Except as otherwise provided by the Statutes of the College, persons employed by the College shall be employed on such terms and conditions, including conditions with respect to the duration of the employment or with respect to dismissal from employment, as the Council determines.


Amended by No. 114, 1970, s. 15; No. 216, 1973, s. 3

SECT

(2) Where a person employed by the College was, immediately before becoming so employed, 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 a person so employed shall be taken into account as if it were service in the Public Service of the Commonwealth.


Amended by No. 216, 1973, s. 3

SECT

(3) The College shall be deemed to be-

* * * * * * * *
(b) a Commonwealth authority for the purposes of the definition of ''Approved authority'' in sub-section (1) of section 4 of the Superannuation Act 1922-1967; and

(c) a Commonwealth authority for the purposes of the Air Accidents (Commonwealth Liability) Act 1963.*2*


*2* S. 20 (3)-Now cited as the Air Accidents (Commonwealth Government a-
Liability) Act 1963.

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 21.
Statutes

Sub-section (1) amended by No. 114, 1970, s. 16; No. 95, 1975, s. 3; No. 191,
1979, s. 4

SECT

21. (1) The Council may make Statutes, not inconsistent with this Act, with respect to any of the following matters:

(a) the management, good government and discipline of the College and of the institution conducted by the College;

(b) the imposition, by or on behalf of the College, of penalties upon students of the College or persons employed by the College for contravention of, or failure to comply with, a Statute with respect to a matter referred to in the last preceding paragraph;

(c) the election of members of the Council by the teaching staff of the College, including-

(i) the persons who are to be regarded as members of the teaching staff, and the persons who are to be regarded as members of the senior teaching staff, for the purposes of such an election;

(ii) the determination of questions arising in relation to the conduct or result of such an election; and

(iii) the determination by lot of the respective periods for which the three members first elected are to hold office in accordance with sub-section (2) of section 10 of this Act;

(ca) the election of members of the Council by the students of the College, including-

(i) the persons who are to be regarded as students of the College, the persons who are to be regarded as full-time students of the College, and the persons who are to be regarded as part-time students of the College, for the purposes of such an election; and

(ii) the determination of questions arising in relation to the conduct or result of such an election;

(d) admission of persons to courses of study or instruction of the College or to examinations of the College;

(e) the courses of study and instruction of the College;

(ea) the degrees, diplomas and certificates that may be awarded by the College and the requirements for their award;

(f) the granting by the College of scholarships, bursaries and prizes;

* * * * * * * *
(h) the provision of superannuation or similar benefits for, or in respect of, persons employed by the College; and

(i) any other matter authorized by this Act or necessary or convenient for giving effect to this Act.


(2) The Council may make Statutes-

(a) for or in relation to the regulation or control of traffic, or of the parking, stopping, standing or leaving of vehicles, on land occupied by the College in the Australian Capital Territory, including Statutes authorizing, and providing for the effect of, signs and markings; and

(b) providing for the punishment, upon summary conviction, by a fine not exceeding Twenty dollars, of offences against such a Statute.


(3) A Statute made under the last preceding sub-section shall not be inconsistent with a law of the Australian Capital Territory, but shall not be taken to be inconsistent with such a law by reason only that it makes provisions with respect to a matter dealt with by that law, being provisions that can be complied with without contravention of that law.


(4) A Statute may provide for empowering any authority (including the Council) or officer of the College to make rules, not inconsistent with this Act or a Statute, with respect to a matter with respect to which Statutes may be made under sub-section (1) of this section, or for carrying out or giving effect to the Statutes made under that sub-section.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 22.
Statutes to be approved by the Governor-General and notified in Gazette

SECT

22. (1) A Statute made by the Council shall be sealed with the seal of the College and transmitted by the Council for the approval of the Governor-General.


(2) A Statute approved by the Governor-General shall be notified in the Gazette, and, upon notification, has the force of law.


(3) The Statutes shall be numbered consecutively in the order in which they are notified in the Gazette, and a notice in the Gazette of the fact that a Statute has been made, specifying the number of the Statute and a place at which copies of the Statute may be purchased, is sufficient compliance with the requirement that the Statute is to be notified in the Gazette.


(4) A copy of every Statute notified in the Gazette shall be laid before each House of the Parliament within fifteen sitting days of that House after it is so notified.


(5) The production of a document purporting to be a copy of a Statute and to be sealed with the seal of the College or to have been printed by the Government Printer is, in all proceedings, evidence of the Statute.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 23.
No religious test

Amended by No. 114, 1970, s. 17

SECT

23. No religious test shall be administered or imposed, and no discrimination based on religion shall be applicable, in respect of-

(a) admission to any course of study or instruction of the College;

(b) the conferring of a degree, diploma or certificate of the College;

(c) employment by the College; or

(d) the enjoyment of any benefit, advantage or privilege in relation to the College.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 23A.
Membership of organization not to be compulsory

Inserted by No. 191, 1979, s. 5

SECT

23A. (1) No discrimination based on refusal or failure to become a member of, or termination of membership of, an organization of students, or of students and other persons, shall be applicable in respect of-

(a) admission to, or continuation in, any course of study or instruction of the College;

(b) the conferring of a degree, diploma or certificate of the College; or

(c) the enjoyment of any benefit, advantage or privilege in relation to the College.


(2) The reference in sub-section (1) to a benefit, advantage or privilege in relation to the College shall be read as not including a benefit, advantage or privilege available, under the constitution of an organization of students or of students and other persons, only to persons who are members of that organization.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 24.
Contracts by College

SECT

24. (1) A contract to be made by the College, being a contract that, if made by a person other than a body corporate, would be by law required to be in writing under the seal of that person, may be made on behalf of the College in writing under the seal of the College.


(2) A contract to which the last preceding sub-section does not apply-

(a) is not invalid by reason only that it is not executed under the seal of the College;

(b) may be made on behalf of the College by a person acting with the authority of the College, express or implied; and

(c) if made in writing, may be executed on behalf of the College by that person.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 25.
Fees

Substituted by No. 191, 1979, s. 6

SECT

25. (1) Fees are not payable to the College except as determined by the Council under sub-section (2).


(2) The Council may, subject to any directions of the Minister, determine that-

(a) fees the payment of which is voluntary, including, but without limiting the generality of the foregoing, such fees in respect of an organization of students or of students and other persons;

(b) fees in respect of the provision to students of amenities or services that are not of an academic nature;

(c) fees in respect of residential accommodation; or

(d) fees in connection with, or in connection with attendance for the purposes of, studies that are not included in the studies that are required or permitted to be undertaken for the purpose of obtaining a degree, diploma or certificate,

are, subject to such exemptions (if any) as are specified in the determination, payable to the College at such rates as are specified in the determination, and may vary or revoke such a determination.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 25A.
Fees for the provision of amenities and services to students

Inserted by No. 191, 1979, s. 6

SECT

25A. (1) In this section, unless the contrary intention appears-

''approved auditor'' means the Auditor-General or an auditor approved by the Council;

''fees'' means fees paid to the College in respect of the provision to students of amenities or services that are not of an academic nature;

''organization of students'' means a body or organization of students, or of students and other persons.


(2) Where moneys are paid to the College by way of fees, the Council shall not make those moneys, or any part of those moneys, available to an organization of students for expenditure by the organization unless the Council is satisfied that the governing body of the organization is representative of the members of the organization.


(3) Where the Council makes moneys paid to the College by way of fees available to an organization of students for expenditure by the organization, it is the duty of the organization to apply the moneys, and it is the duty of the Council to take all reasonable steps to ensure that the moneys are applied by the organization, only in respect of the provision, for students liable to pay those fees, whether members of the organization or not, of amenities or services, or of amenities or services included in a class of amenities or services, which, subject to any directions of the Minister, the Council has approved in respect of the organization for the purposes of this sub-section.


(4) The Council-

(a) shall not approve amenities or services, or a class of amenities or services, for the purposes of sub-section (3) in respect of an organization of students, unless the Council is of the opinion that provision of those amenities or services, or of amenities or services included in that class of amenities or services, as the case may be, to students on behalf of the organization will directly benefit the College; and

(b) may, subject to any directions of the Minister, vary or revoke an approval given by it in respect of an organization under sub-section (3).


(5) Where the Council is not permitted by this section to make moneys paid to the College by way of fees available to an organization of students for expenditure by the organization, the Council may, whether or not the fees were paid to the College on account of, or for the purposes of, the organization, expend those moneys in such manner as the Council deems fit, being a manner in which the moneys could, under this section, have been expended by the organization if the moneys had been made available to the organization.


(6) As soon as practicable after 31 December 1980 and after each subsequent 31 December, the Council shall cause to be prepared detailed financial statements, in respect of the year ended on that date, with respect to moneys received by the College by way of fees, and shall cause those statements to be audited by an approved auditor.


(7) The financial statements prepared in pursuance of sub-section (6) in relation to a year shall include particulars of-

(a) the moneys received by the College by way of fees during that year;

(b) the amounts (if any) of the moneys so received that were made available during that year to an organization of students, for expenditure by the organization; and

(c) the manner in which any of the moneys so received, and any of the moneys unexpended at the commencement of that year out of moneys so received during a preceding year, were expended during that year by an organization of students or by the Council.


(8) Sub-section (6) does not require that each of the financial statements prepared in relation to a year be audited by the same auditor.


(9) As soon as practicable after the detailed financial statements prepared for the purposes of sub-section (6) in relation to a year have been audited, the Council shall cause copies of the statements, and of the reports of the auditor or auditors with respect to the statements, to be made freely available to students.


(10) Notwithstanding sub-sections (3) and (5), moneys paid to the College by way of fees may be applied by the Council or by an organization of students in or towards payment of any fees or other charges payable to an approved auditor in respect of an audit of financial statements prepared in pursuance of sub-section (6).


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 26.
Moneys of College

SECT

26. (1) There are payable to the College such amounts as are appropriated by the Parliament for the purposes of the College.


Substituted by No. 191, 1979, s.7

SECT

(2) Moneys referred to in sub-section (1) shall be paid to the College in such amounts, and at such times, as the Minister determines in accordance with arrangements approved by the Minister for Finance.


(3) All moneys, including fees, received by the College, other than moneys held upon trust, shall be applied solely for the purposes of the College.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 27.
Bank accounts

SECT

27. (1) The College may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.


(2) The College shall pay all moneys of the College into an account referred to in this section.


(3) In this section, ''approved bank'' means the Reserve Bank of Australia or another bank approved by the Treasurer.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 28.
Proper accounts to be kept

SECT

28. The Council shall cause to be kept proper accounts and records of the transactions and affairs of the College and shall do all things necessary to ensure that all payments out of the moneys of the College are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the College and the incurring of liabilities by the College.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 29.
Audit

Substituted by No. 191, 1979, s.8

SECT

29. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the College and records relating to assets of, or in the custody of, the College and shall forthwith draw the attention of the Council, and may draw the attention of the Minister, to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.


(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).


(3) The Auditor-General shall, at least once in each year, report to the Minister and to the Council the results of the inspection and audit carried out under sub-section (1).


(4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the College relating directly or indirectly to the receipt or payment of moneys by the College or to the acquisition, receipt, custody or disposal of assets by the College.


(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.


(6) The Auditor-General or a person authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirements.


(7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.


CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 29A.
Taxation

Inserted by No. 191, 1979, s.8

SECT

29A. (1) Subject to sub-section (2), the College is not subject to taxation under the laws of the Commonwealth or of a State or Territory.


(2)*3* The Governor-General may make regulations providing that sub-section (1) does not apply in relation to taxation under a specified law.


*3* S. 29A (2)-Regulation 2 of Statutory Rules 1980 No. 144 provides as follows:
''2. Sub-section 29A (1) of the Canberra College of Advanced Education Act
1967 does not apply in relation to taxation under the Pay-roll Tax (Territories) Assessment Act 1971.''

CANBERRA COLLEGE OF ADVANCED EDUCATION ACT 1967 - SECT. 30.
Reports

Substituted by No. 191, 1979, s. 8

SECT

30. (1) The Council shall, as soon as practicable after each 31 December, prepare and transmit to the Minister a report of the operations of the College during the year ended on that date, together with financial statements in respect of that year in such form as the Minister for Finance approves.


(2) Before transmitting financial statements to the Minister, the Council shall submit them to the Auditor-General, who shall report to the Minister and to the Council-

(a) whether, in his opinion, the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records;

(c) whether, in his opinion, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the College during that year have been in accordance with this Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.


(3) The Minister shall cause copies of the report and financial statements of the College, together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.


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