Federal Register of Legislation - Australian Government

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Commission on Advanced Education Act 1971

Act No. 116 of 1971 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 24 Nov 2009
Start Date 31 Dec 1973
End Date 22 Jun 1977
Date of repeal 22 Jun 1977
Repealed by Tertiary Education Commission Act 1977

COMMISSION ON ADVANCED EDUCATION ACT 1971
- Reprinted as at 19 December 1973 (HISTACT CHAP 1968 #DATE 19:12:1973)

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - TABLE OF PROVISIONS

TABLE


COMMISSION ON ADVANCED EDUCATION

ACT 1971-1973

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Definitions
4. Directions by Minister
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 Public Service becoming Chairman or Deputy Chairman
19. Staff of Commission
20. Regulations

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 1.
Short title.

SECT

COMMISSION ON ADVANCED EDUCATION

ACT 1971-1973

An Act to establish a Commission on Advanced Education.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Commission on Advanced Education Act 1971-1973.*

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 2.
Commencement.

SECT

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

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 3.
Definitions.

SECT

Amended by No. 177, 1973, s. 3; and No. 216, 1973, s. 3.
3. In this Act, unless the contrary intention appears-

''advanced education'' means education at the tertiary level of the kind provided at colleges of advanced education;

''Chairman'' means the Chairman of the Commission;

''college of advanced education'' means-

(a) an institution in Australia that is a college or institute of advanced education or a college or institute of technology; or

(b) an institution in a State that, for educational purposes, is recognized by the government of the State as, or as the equivalent of, a college or institute of a kind referred to in the last preceding paragraph or an institution in a Territory that, for educational purposes, is recognized by the Minister as, or as the equivalent of, a college or institute of a kind referred to in the last preceding paragraph,

but does not include a university;

''Commission'' means the Commission on Advanced Education;

''Deputy Chairman'' means the Deputy Chairman of the Commission;

''financial assistance'', in relation to an institution providing advanced education established by the Commonwealth, includes assistance by way of the expenditure of moneys by the Commonwealth for the purposes of the institution;

''institution providing advanced education'' means-

(a) a college of advanced education; or

(b) an educational institution or residential college, or a proposed college of advanced education, proposed educational institution or proposed residential college, specified in an instrument for the time being in force under the next succeeding section;

''member'' means a member of the Commission, and includes an acting member of the Commission;

''Territory'' means an internal Territory;

''university'' includes any institution or proposed institution that is a university for the purposes of the Australian Universities Commission Act 1959-1971.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 4.
Directions by Minister.

SECT

4. The Minister may, by instrument under his hand, direct that this Act applies in relation to-

(a) an educational institution in Australia (not being a college of advanced education or a university) that is, or is included in a class of institutions, specified in the instrument, being an institution or class of institutions at which advanced education is provided;

(b) a residential college specified in the instrument, being a residential college connected with a college of advanced education;

(c) a proposed college of advanced education specified in the instrument;
(d) a proposed educational institution in Australia (not being a college of advanced education or a university) specified in the instrument, being an institution at which it is proposed that advanced education will be provided; or

(e) a proposed residential college specified in the instrument, being a residential college that is to be connected with a college of advanced education.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 5.
Establishment of Commission.

SECT

Sub-section (1) substituted by No. 177, 1973, s. 4.
5. (1) The Commission established by the Australian Commission on Advanced Education Act 1971 by the name of the Australian Commission on Advanced Education is continued in existence by the name of the Commission on Advanced Education.
Amended by No. 177, 1973, s. 4.

(2) The Commission shall consist of a Chairman, a Deputy Chairman and such other members, not being less than four in number nor more than nine 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. 177, 1973, s. 4.

(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.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - 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 of the Commission 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. 177, 1973, s. 5.

(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. 177, 1973, s. 5.

(4) An appointment under this section may be terminated at any time by the Minister.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 7.
Remuneration.

SECT

Substituted by No. 177, 1973, s. 6.
7. (1) The Chairman shall be paid remuneration at such rate, and an annual allowance at such rate, as are fixed by the Parliament in relation to the Chairman of the Commission, and such other allowances as are prescribed.*

(2) The Deputy Chairman shall be paid remuneration at such rate as is fixed by the Parliament in relation to the Deputy Chairman of the Commission, and such allowances, other than an annual allowance, as are prescribed, but, until 1 January 1975, the rate of that remuneration shall be as prescribed.

(3) A member, other than the Chairman or the Deputy Chairman, shall be paid remuneration at the rate of $2,600 a year, or at such other rate as is fixed by the Parliament, and such allowances, other than an annual allowance, 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 sub-section (3), be paid such other allowances, if any, as are prescribed.

(5) In this section, unless the contrary intention appears-

''Chairman'' includes a full-time acting Chairman;

''Deputy Chairman'' includes a full-time acting Deputy Chairman;

''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.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - 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.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 9.
Dismissal of members.

SECT

9. The Governor-General may terminate the appointment of a member for inability, inefficiency or misbehaviour.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 10.
Resignation of members.

SECT

10. A member may resign his office by writing under his hand addressed to the Governor-General.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 11.
Vacation of office.

SECT

Amended by No. 177, 1973, s. 7.
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.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - 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. 177, 1973, s. 8.

(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. 177, 1973, s. 8.

(4) In the absence of both the Chairman and the Deputy Chairman from the meeting of the Commission, the members present shall appoint one of their number to preside at that meeting.
Substituted by No. 177, 1973, s. 8.

(5) At a meeting of the Commission, a quorum is constituted by not less than five 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.
Substituted by No. 177, 1973, s. 8.

(8) In this section-

''Chairman'' includes an acting Chairman of the Commission;

''Deputy Chairman'' includes an acting Deputy Chairman of the Commission.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 13.
Functions of Commission.

SECT

13. 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 institutions in a Territory providing advanced education and of financial assistance to the States in relation to institutions providing advanced education, 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.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - 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 the provision of advanced education in Australia so that the resources of the institutions providing advanced education can be used to the greatest possible advantage of Australia.

(2) For the purpose of the performance of its functions, the Commission shall consult with institutions providing advanced education, with the Australian Universities Commission and with the States upon the matters on which it is empowered to furnish information and advice and may consult with such other persons, bodies and authorities as it thinks proper upon those matters.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - 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 shall be granted to or in relation to institutions providing advanced education 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.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 16.
Other reports.

SECT

16. (1) 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.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - 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.

(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.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 18.
Officer of Public Service becoming Chairman or Deputy Chairman.

SECT

Amended by No. 177, 1973, s. 9; 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.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 19.
Staff of Commission.

SECT

19. (1) The staff of the Commission shall be employed under the Public Service Act 1922-1968.

(2) For the purpose 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 of the Public Service of the Commonwealth.

(3) For the purposes of sub-sections (5) and (6) of section 25 of the Public Service Act 1922-1968, the Chairman shall be deemed to be a Permanent Head.

(4) In this section, ''the Chairman'' includes an acting Chairman of the Commission.

COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - SECT. 20.
Regulations.

SECT

Amended by No. 177, 1973, s. 10.
20. The Governor-General may make regulations, not inconsistent with this Act, prescribing remuneration, fees and allowances, other than annual allowances, for the purposes of section 7 or sub-section (3) of section 17 of this Act.
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COMMISSION ON ADVANCED EDUCATION ACT 1971-1973 - NOTES


NOTES
1. The Commission on Advanced Education Act 1971-1973 comprises the Australian Commission on Advanced Education Act 1971 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Australian Commission on
Advanced Education Act
1971 No. 116, 1971 9 Dec 1971 9 Dec 1971
Commission on Advanced
Education Act 1973 No. 177, 1973 12 Dec 1973 12 Dec 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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2.-S. 7 (1)-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 Commission on Advanced Education is $26,700 with an annual allowance of $1,200.