Federal Register of Legislation - Australian Government

Primary content

Act No. 25 of 1977 as amended, taking into account amendments up to Act No. 3 of 1986
Registered 24 Nov 2009
Start Date 01 Jul 1986
End Date 01 Jul 1988
Date of repeal 01 Jul 1988
Repealed by Employment, Education and Training Act 1988

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977
- Reprinted as at 31 October 1987 (HISTACT CHAP 683 #DATE 31:10:1987)

*1* The Commonwealth Tertiary Education Commission Act 1977 as shown in this reprint comprises Act No. 25, 1977 amended as indicated in the Tables below.
Table of Acts
-----------------------------------------------------------------------------
Application,
saving
Number Date Date of or transitional Act and year of Assent commencement provisions
----------------------------------------------------------------------------- Tertiary Education
Commission Act 1977 25, 1977 5 May 1977 22 June 1977 (see
Gazette 1977, No.
G23, p. 2)
Statute Law Revision Act
1981 61, 1981 12 June
1981 Part XXI (ss.
93-102) and s.
117: Royal Assent
(a) S. 102
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1983 39, 1983 20 June
1983 S. 3: 18 July 1983
(b) S. 7 (1)
Public Service Reform Act
1984 63, 1984 25 June
1984 S. 151 (1): 1 July
1984 (see Gazette
1984, No. S245, p.
1) (c) S. 151 (9)
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1984 72, 1984 25 June
1984 S. 3: 23 July 1984
(d) S. 5 (1)
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1985 65, 1985 5 June 1985
S. 3: 3 July 1985
(e) -
Commonwealth Tertiary
Education Commission
Amendment Act 1986 3, 1986 4 Mar 1986 1 July 1986 (see
Gazette 1986,
No. S314, p. 1) Ss. 8 (2), 14
(2), 19 (2) and
24 (2)
----------------------------------------------------------------------------- (a) The Commonwealth Tertiary Education Commission Act 1977 was amended by
Part XXI (sections 93-102) and section 117 only of the Statute Law Revision
Act 1981, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
(b) The Commonwealth Tertiary Education Commission Act 1977 was amended by
section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(c) The Commonwealth Tertiary Education Commission Act 1977 was amended by
sub-section 151 (1) only of the Public Service Reform Act 1984, sub-section 2
(4) of which provides as follows:
"(4) The remaining provisions of this Act shall come into operation on
such day as is, or on such respective days as are, fixed by Proclamation."
(d) The Commonwealth Tertiary Education Commission Act 1977 was amended by
section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(e) The Commonwealth Tertiary Education Commission Act 1977 was amended by
section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
Title .............. am. No. 61, 1981
S. 1 ............... am. No. 61, 1981
S. 4 ............... am. No. 61, 1981; No. 3, 1986
S. 5 ............... am. No. 3, 1986
S. 5A .............. ad. No. 3, 1986
Heading to Part II . rs. No. 72, 1984
S. 6 ............... am. No. 61, 1981
Ss. 7, 8 ........... am. No. 61, 1981; No. 3, 1986
Ss. 9-12 ........... am. No. 3, 1986
Ss. 14, 15 ......... am. No. 3, 1986
S. 16 .............. am. No. 39, 1983; No. 3, 1986
S. 17 .............. rep. No. 65, 1985
S. 18 .............. am. No. 3, 1986
Heading to Part III am. No. 3, 1986
Heading to Div. 1 of
Part III am. No. 3, 1986
Ss. 19-21 .......... am. No. 3, 1986
S. 21A ............. ad. No. 3, 1986
Heading to Div. 2 of
Part III am. No. 3, 1986
Ss. 22-24 .......... am. No. 3, 1986
S. 24A ............. ad. No. 3, 1986
Heading to Div. 3 of
Part III am. No. 3, 1986
Ss. 25-27 .......... am. No. 3, 1986
S. 27A ............. ad. No. 3, 1986
Heading to Div. 4 of
Part III am. No. 3, 1986
Ss. 28-32 .......... am. No. 3, 1986
S. 33 .............. rs. No. 3, 1986
S. 34 .............. am. No. 3, 1986
S. 35 .............. am. No. 39, 1983; No. 3, 1986
S. 36 .............. rs. No. 3, 1986
S. 37 .............. rep. No. 3, 1986
S. 38 .............. am. No. 63, 1984; No. 3, 1986
S. 39 .............. am. No. 3, 1986
S. 41 .............. am. No. 61, 1981
S. 42 .............. am. No. 61, 1981; No. 3, 1986
S. 43A ............. ad. No. 39, 1983
am. No. 3, 1986
Schedule 2 ......... rs. No. 3, 1986
-----------------------------------------------------------------------------

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

PART I-PRELIMINARY

Section

1. Short title

2. Commencement

3. Repeal

4. Interpretation

5. Declarations in relation to technical and further education
institutions

5A. Declarations in relation to institutes of tertiary education

PART II-COMMONWEALTH TERTIARY EDUCATION COMMISSION

Division 1-Establishment and Functions of Commission

6. Commonwealth Tertiary Education Commission

7. Functions of Commission

8. Performance of functions of Commission

9. Reports by Commission

Division 2-Constitution and Meetings of Commission

10. Membership of Commission

11. Period of appointment of Commissioners

12. Remuneration and allowances of Commissioners

13. Leave of absence of full-time Commissioners

14. Resignation of Commissioner

15. Termination of appointment of Commissioner

16. Acting Commissioners

18. Meetings of Commission

PART III-ADVISORY COUNCILS

Division 1-Universities Advisory Council

19. Universities Advisory Council

20. Functions of Universities Advisory Council

21. Membership of Universities Advisory Council

21A. Advice by Universities Advisory Council

Division 2-Advanced Education Advisory Council

22. Advanced Education Advisory Council

23. Functions of Advanced Education Advisory Council

24. Membership of Advanced Education Advisory Council

24A. Advice by Advanced Education Advisory Council

Division 3-Technical and Further Education Advisory Council

25. Technical and Further Education Advisory Council

26. Functions of Technical and Further Education Advisory Council

27. Membership of Technical and Further Education Advisory Council

27A. Advice by Technical and Further Education Advisory Council

Division 4-Members, Meetings and Activities of Advisory Council

28. Period of appointment to Advisory Council

29. Remuneration and allowances of members of Advisory Councils

30. Resignation of member of Advisory Council

31. Termination of appointment of member of Advisory Council

32. Vacancies not to affect Advisory Councils

33. Commissioners on Advisory Councils

34. Members acting as Commissioners

35. Acting members of Advisory Councils

36. Meetings of Advisory Councils

PART IV-MISCELLANEOUS

38. Staff of Commission

39. Committees

40. Superannuation

41. Transitional references

42. Transitional delegations

43. Resolutions

43A. Annual report

44. Regulations

PART V-AMENDMENTS OF THE STATES GRANTS (TECHNICAL AND FURTHER EDUCATION
ASSISTANCE) ACT 1976

45. Principal Act

46, 47. Amendments of the States Grants (Technical and Further Education
Assistance) Act 1976

SCHEDULE 1

UNIVERSITIES

SCHEDULE 2

COLLEGES OF ADVANCED EDUCATION

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - LONG TITLE

SECT

An Act to make provision for and in relation to the Establishment
of a Commonwealth Tertiary Education Commission

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - PART I
PART I-PRELIMINARY

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 1
Short title

SECT

1. This act may be cited as the Commonwealth Tertiary Education Commission Act 1977.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 2
Commencement

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 3
Repeal

SECT

3. The following Acts are repealed:
Australian Universities Commission Act 1959;
Australian Universities Commission Act 1962;
Australian Universities Commission Act 1965;
Australian Universities Commission Act 1967;
Australian Universities Commission Act 1968;
Australian Universities Commission Act 1971;
Universities Commission Act 1974;
Australian Commission on Advanced Education Act 1971;
Commission on Advanced Education Act 1973;
Technical and Further Education Commission Act 1975.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 4
Interpretation

SECT

4. (1) In this Act, unless the contrary intention appears-
"acting member", in relation to an Advisory Council, means a person acting as a member of that Council;
"Advisory Council" means the Universities Advisory Council, the Advanced Education Advisory Council or the Technical and Further Education Advisory Council established by this Act;
"Chairperson" means the Chairperson of the Commission;
"college of advanced education" means, subject to the regulations, an institution specified in Schedule 2;
"Commission" means the Commonwealth Tertiary Education Commission established by this Act;
"Commissioner" means the Chairperson or another Commissioner holding office under section 10;
"financial assistance", in relation to a tertiary institution, includes assistance by way of expenditure of moneys by the Government of the Commonwealth for the purposes of the institution;
"full-time Commissioner" means a Commissioner appointed as a full-time Commissioner;
"institute of tertiary education" means an institution, proposed institution, body, authority or instrumentality that, by virtue of a declaration under section 5A, is an institute of tertiary education for the purposes of this Act;
"member", in relation to an Advisory Council, means a member of that Council other than the Chairperson of that Council;
"part-time Commissioner" means a Commissioner appointed as a part-time Commissioner;
"prescribed Commonwealth institution" means an institution established, or proposed to be established, by the Commonwealth for the provision of tertiary education and declared by regulations to be a prescribed Commonwealth institution for the purposes of this Act;
"school" has the same meaning as in the Commonwealth Schools Commission Act 1973;
"technical and further education" means education provided by way of a course of instruction or training that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation or that otherwise meets educational needs, not being-
(a) education provided at a university or at a prescribed Commonwealth
institution;
(b) education provided at a college of advanced education, other than
education provided by way of a course declared by the Commission, by resolution, not to be a course of advanced education; or
(c) primary or secondary education provided by way of a full-time course
in a school;
"technical and further education institution" means-
(a) any institution (other than a college of advanced education, an
institute of tertiary education or a school) that provides technical and further education, being-
(i) an institution in a State conducted by or on behalf of the
government of the State; or
(ii) an institution in a Territory (other than an institution declared
by the Minister, in writing, not to be an institution to which this sub-paragraph applies) conducted by or on behalf of the government of the Commonwealth; or
(b) an institution, proposed institution, body, authority or
instrumentality that, by virtue of a declaration under section 5, is a technical and further education institution for the purposes of this Act;
"tertiary institution" means a university, a college of advanced education, a technical and further education institution, an institute of tertiary education or a prescribed Commonwealth institution;
"university" means, subject to the regulations, an institution specified in Schedule 1;
"university education" includes education that is provided at a tertiary institution other than a university and leads to the awarding of a degree, diploma, certificate or other award by a university.

(2) For the purposes of this Act, a residential college or a proposed residential college connected with a tertiary institution shall be deemed to be part of that institution.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 5
Declarations in relation to technical and further education institutions

SECT

5. The Minister may declare, in writing, that-
(a) a proposed institution in Australia (other than a college of advanced education or a school) specified in the declaration, being an institution at which it is proposed that technical and further education will be provided;
(b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia technical and further education; or
(c) an institution in Australia (other than a college of advanced education or an institution conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being an institution that provides technical and further education,
is, for the purposes of this Act, a technical and further education institution.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 5A
Declarations in relation to institutes of tertiary education

SECT

5A. The Minister may declare, in writing, that-
(a) a proposed institution in Australia (other than a university, a college of advanced education, a technical and further education institution or a school) specified in the declaration, being an institution at which it is proposed that tertiary education will be provided;
(b) a body, authority or instrumentality (other than a body, authority or instrumentality conducted for the profit, direct or indirect, of an individual or individuals) specified in the declaration, being a body, authority or instrumentality that provides in Australia tertiary education; or
(c) an institution in Australia (other than a university, a college of advanced education, a technical and further education institution or a school) specified in the declaration, being an institution that provides tertiary education,
is, for the purposes of this Act, an institute of tertiary education.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - PART II
PART II-COMMONWEALTH TERTIARY EDUCATION COMMISSION

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - DIVISION 1
Division 1-Establishment and Functions of Commission

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 6
Commonwealth Tertiary Education Commission

SECT

6. There is established by this Act a Commission by the name of the Commonwealth Tertiary Education Commission.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 7
Functions of Commission

SECT

7. (1) The functions of the Commission are-
(a) to inquire into, and to furnish information and advice to the Minister with respect to-
(i) matters in connexion with the grant by the Commonwealth of financial
assistance to a State or the Northern Territory for and in respect of universities, colleges of advanced education, technical and further education institutions and institutes of tertiary education in the State or the Northern Territory, as the case may be;
(ii) matters in connexion with the provision by the Commonwealth of
financial assistance for and in respect of universities, colleges of advanced education, technical and further education institutions and institutes of tertiary education in the Territories, other than the Northern Territory, and prescribed Commonwealth institutions; and
(iii) any other matter relating to tertiary institutions that may be
referred to the Commission by the Minister or which the Commission considers to be a matter that should be inquired into by the Commission; and
(b) where required or authorized by an Act or where required by the Minister, to perform on behalf of the Commonwealth administrative functions in relation to programs of financial assistance of a kind referred to in sub-paragraph (a) (i).

(2) For the purposes of sub-section (1), matters in connexion with the grant or provision of financial assistance include-
(a) matters relevant to the necessity for the financial assistance to be so granted or provided;
(b) the conditions (if any) upon which the financial assistance should be so granted or provided; and
(c) the amounts and allocation of the financial assistance so granted or provided.

(3) The Commission also has the following functions:
(a) to make recommendations to the Minister as to the institutions and proposed institutions that should be, for the purposes of this Act, universities or colleges of advanced education or as to the exercise of the Minister's powers under section 5 or 5A;
(b) where required by the Minister, to inquire into, and furnish information and advice to the Minister or to another Minister with respect to, matters relating to any institution, other than a prescribed Commonwealth institution, established or proposed to be established by the Commonwealth for the provision of tertiary education; and
(c) such other functions as are conferred on the Commission, either expressly or by implication, by or under any other Act.

(4) The functions conferred on the Commission do not extend to matters that relate to a course, or courses, at an institution that, in the opinion of the Commission, is not a course, or are not courses, of tertiary education.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 8
Performance of functions of Commission

SECT

8. (1) In the performance of its functions, the Commission may consult with such persons, bodies and authorities as the Commission thinks necessary, and, in the performance of its functions under this Act in respect of a matter relating to a university or universities in a State or the Northern Territory, a college of advanced education or colleges of advanced education in a State or the Northern Territory, a technical and further education institution or technical and further education institutions in a State or the Northern Territory or an institute of tertiary education or institutes of tertiary education in a State or the Northern Territory, the Commission shall consult with the authority or authorities of that State or the Northern Territory responsible for matters relating to universities, colleges of advanced education, technical and further education institutions or institutes of tertiary education, as the case may be, in the State or the Northern Territory.

(2) The Commission shall perform its functions with the object of promoting-
(a) the balanced and co-ordinated development of the provision of tertiary education in Australia;
(b) the diversifying of opportunities for tertiary education; and
(c) closer co-operation and association between the various kinds of tertiary institution.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 9
Reports by Commission

SECT

9. (1) The Commission shall furnish to the Minister such reports relating to the performance of its functions as the Minister requires and may furnish such other reports as the Commission thinks fit.

(2) Without limiting sub-section (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 matters referred to in sub-paragraphs (7) (1) (a) (i) and (ii).

(3) The Minister shall, as soon as practicable, cause each report under sub-section (2) to be laid before each House of the Parliament.

(4) Where, in the course of preparing a report referred to in sub-section (1) or (2), the Commission has received advice from an Advisory Council in accordance with section 21A, 24A or 27A, as the case requires, relating to the matter on which the Commission is preparing the report, the report shall include a copy of that advice.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - DIVISION 2
Division 2-Constitution and Meetings of Commission

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 10
Membership of Commission

SECT

10. (1) The Commission shall consist of-
(a) a Chairperson;
(b) a Commissioner to be concerned particularly with universities;
(c) a Commissioner to be concerned particularly with colleges of advanced education;
(d) a Commissioner to be concerned particularly with technical and further education institutions;
(e) a Commissioner appointed for knowledge and expertise in relation to universities;
(f) a Commissioner appointed for knowledge and expertise in relation to advanced education;
(g) a Commissioner appointed for knowledge and expertise in relation to technical and further education; and
(h) 3 other Commissioners.

(1A) The Chairperson may be referred to as the Chairman or the Chairwoman, as the case requires.

(2) The Commissioners shall be appointed by the Governor-General.

(3) The Commissioners referred to in paragraphs (1) (a), (b), (c) and (d) shall be appointed as full-time Commissioners and the other Commissioners shall be appointed as part-time Commissioners.

(4) The performance of the functions of the Commission is not affected by reason only of there being a vacancy or vacancies in the membership of the Commission.

(5) The Commissioners hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined, in writing, by the Governor-General.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 11
Period of appointment of Commissioners

SECT

11. (1) A full-time Commissioner shall be appointed for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

(2) A part-time Commissioner shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

(3) A person who has attained the age of 65 years shall not be appointed or re-appointed as a full-time Commissioner and a person shall not be appointed or re-appointed as a full-time Commissioner for a period that extends beyond the date on which the person will attain the age of 65 years.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 12
Remuneration and allowances of Commissioners

SECT

12. (1) A Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the Commissioner shall be paid such remuneration as is prescribed.

(2) A Commissioner shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 13
Leave of absence of full-time Commissioners

SECT

13. The Minister may grant leave of absence to a full-time Commissioner on such terms and conditions as to remuneration or otherwise as the Minister determines.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 14
Resignation of Commissioner

SECT

14. A Commissioner may resign office by writing signed by the Commissioner and delivered to the Governor-General.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 15
Termination of appointment of Commissioner

SECT

15. (1) The Governor-General may terminate the appointment of a Commissioner by reason of the misbehaviour, or the physical or mental incapacity, of the Commissioner.

(2) If a Commissioner-
(a) being a full-time Commissioner-
(i) engages in paid employment outside the duties of the Commissioner's
office without the approval of the Minister; or
(ii) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days, or for 28 days in any 12 months;
(b) being a part-time Commissioner-is absent, except with the permission of the Minister, from 3 consecutive meetings of the Commission; or
(c) whether a full-time Commissioner or a part-time Commissioner-becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the Commissioner's creditors or makes an assignment of the Commissioner's remuneration for their benefit,
the Governor-General shall terminate the appointment of the Commissioner.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 16
Acting Commissioners

SECT

16. (1) The Minister may appoint a Commissioner or other person to act as the Chairperson during a period, or during all periods, when-
(a) there is a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office of Chairperson; or
(b) the Chairperson is absent from duty or from Australia or, for any other reason, is unable to perform the functions of the office of the Chairperson.

(2) The Minister may appoint a part-time Commissioner or other person to act as a full-time Commissioner in the place of a Commissioner referred to in paragraph 10 (1) (b), (c) or (d) during a period, or during all periods, when-
(a) there is a vacancy in the office of that Commissioner, whether or not an appointment has previously been made to that office; or
(b) that Commissioner is acting as Chairperson, is absent from duty or from Australia or, for any other reason, is unable to perform the duties of the office of that Commissioner.

(3) The Minister may appoint a person to act as a part-time Commissioner during a period, or during all periods, when-
(a) there is a vacancy in the office of a part-time Commissioner, whether or not an appointment has previously been made to the office; or
(b) a part-time Commissioner is acting as Chairperson or as another full-time Commissioner, is absent from duty or from Australia or, for any other reason, is unable to perform the duties of the office of that part-time Commissioner.

(4) A person acting in accordance with paragraph (1) (a), (2) (a) or (3) (a) shall not continue so to act for more than 12 months.

(4A) An appointment under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(5) Where a person is acting as Chairperson in accordance with paragraph (1) (b), as a full-time Commissioner in accordance with paragraph (2) (b) or as a part-time Commissioner in accordance with paragraph (3) (b) and the office of Chairperson, of the full-time Commissioner in whose place that person is acting or of the part-time Commissioner in whose place that person is acting, as the case may be, becomes vacant while that person is so acting then, subject to sub-section (4A), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

(6) The Minister may-
(a) determine, in writing, the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.

(7) The appointment of a person under this section ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.

(8) While a person is acting as Chairperson in pursuance of an appointment under this section, the person has and may exercise all the powers of, and shall perform all the functions of, the Chairperson.

(9) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for the person's appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 18
Meetings of Commission

SECT

18. (1) The Commission shall hold such meetings as are necessary for the performance of its functions.
(2) The Minister or the Chairperson may, at any time, convene a meeting of the Commission.

(3) At a meeting, 6 Commissioners, of whom at least 3 shall be part-time Commissioners, constitute a quorum.

(4) The Chairperson shall preside at all meetings at which the Chairperson is present.

(5) If the Chairperson is not present at a meeting, the members present shall elect one of their number to preside at the meeting.

(6) Questions arising at a meeting shall be determined by a majority of votes of the Commissioners present and voting.

(7) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - PART III
PART III-ADVISORY COUNCILS

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - DIVISION 1
Division 1-Universities Advisory Council

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 19
Universities Advisory Council

SECT

19. There is established by this Act a Council by the name of the Universities Advisory Council.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 20
Functions of Universities Advisory Council

SECT

20. The functions of the Universities Advisory Council are-
(a) in accordance with section 21A, to inquire into, and furnish information and advice to the Commission with respect to, matters relating to universities or relating to university education;
(b) to provide, in accordance with the directions of the Commission, assistance to the Commission in the performance of the Commission's functions in matters relating to universities or relating to university education; and
(c) if so required by the Commission, to provide, in accordance with the directions of the Commission (either alone or in co-operation with another Council or both other Councils), assistance to the Commission in the performance of the functions of the Commission in matters relating to tertiary institutions other than universities.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 21
Membership of Universities Advisory Council

SECT

21. (1) The Universities Advisory Council shall consist of-
(a) the Commissioner referred to in paragraph 10 (1) (b), who shall be the Chairperson of the Council;
(b) the Commissioner referred to in paragraph 10 (1) (e); and
(c) 5 other members.

(2) The members referred to in paragraph (1) (c) shall be appointed by the Governor-General.

(3) The Chairperson of the Universities Advisory Council may be referred to as the Chairman or the Chairwoman, as the case requires.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 21A
Advice by Universities Advisory Council

SECT

21A. (1) The Universities Advisory Council shall inquire into, and furnish information and advice to the Commission with respect to, such matters relating to universities, or relating to university education, as the Commission requires or as the Council determines.

(2) The Universities Advisory Council shall-
(a) before 31 January 1987;
(b) before the expiration of the period of 3 years commencing on 1 February 1987; and
(c) before the expiration of each succeeding period of 3 years, furnish to the Commission a report on-
(d) the state of universities, and the state of university education, in Australia;
(e) the problems in relation to universities, and in relation to university education, in Australia; and
(f) the priorities for future developments in relation to universities, and in relation to university education, in Australia.

(3) A report furnished under sub-section (2) shall not contain recommendations in respect of grants to be made to particular States or particular institutions.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - DIVISION 2
Division 2-Advanced Education Advisory Council

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 22
Advanced Education Advisory Council

SECT

22. There is established by this Act a Council by the name of the Advanced Education Advisory Council.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 23
Functions of Advanced Education Advisory Council

SECT

23. The functions of the Advanced Education Advisory Council are-
(a) in accordance with section 24A, to inquire into, and furnish information and advice to the Commission with respect to, matters relating to colleges of advanced education or relating to advanced education;
(b) to provide, in accordance with the directions of the Commission, assistance to the Commission in the performance of the Commission's functions in matters relating to colleges of advanced education or relating to advanced education; and
(c) if so required by the Commission, to provide, in accordance with the directions of the Commission (either alone or in co-operation with another Council or both other Councils), assistance to the Commission in the performance of the functions of the Commission in matters relating to tertiary institutions other than colleges of advanced education.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 24
Membership of Advanced Education Advisory Council

SECT

24. (1) The Advanced Education Advisory Council shall consist of-
(a) the Commissioner referred to in paragraph 10 (1) (c), who shall be the Chairperson of the Council;
(b) the Commissioner referred to in paragraph 10 (1) (f); and
(c) 5 other members.

(2) The members referred to in paragraph (1) (c) shall be appointed by the Governor-General.

(3) The Chairperson of the Advanced Education Advisory Council may be referred to as the Chairman or the Chairwoman, as the case requires.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 24A
Advice by Advanced Education Advisory Council

SECT

24A. (1) The Advanced Education Advisory Council shall inquire into, and furnish information and advice to the Commission with respect to, such matters relating to colleges of advanced education, or relating to advanced education, as the Commission requires or as the Council determines.

(2) The Advanced Education Advisory Council shall-
(a) before 31 January 1987;
(b) before the expiration of the period of 3 years commencing on 1 February 1987; and
(c) before the expiration of each succeeding period of 3 years, furnish to the Commission a report on-
(d) the state of colleges of advanced education, and the state of advanced education, in Australia;
(e) the problems in relation to colleges of advanced education, and in relation to advanced education, in Australia; and
(f) the priorities for future developments in relation to colleges of advanced education, and in relation to advanced education, in Australia.

(3) A report furnished under sub-section (2) shall not contain recommendations in respect of grants to be made to particular States or particular institutions.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - DIVISION 3
Division 3-Technical and Further Education Advisory Council

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 25
Technical and Further Education Advisory Council

SECT

25. There is established by this Act a Council by the name of the Technical and Further Education Advisory Council.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 26
Functions of Technical and Further Education Advisory Council

SECT

26. The functions of the Technical and Further Education Advisory Council are- (a) in accordance with section 27A, to inquire into, and furnish information and advice to the Commission with respect to, matters relating to technical and further education institutions or relating to technical and further education;
(b) to provide, in accordance with the directions of the Commission, assistance to the Commission in the performance of the Commission's functions in matters relating to technical and further education institutions or relating to technical and further education; and
(c) if so required by the Commission, to provide, in accordance with the directions of the Commission (either alone or in co-operation with another Council or both other Councils), assistance to the Commission in the performance of the functions of the Commission in matters relating to tertiary institutions other than technical and further education institutions.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 27
Membership of Technical and Further Education Advisory Council

SECT

27. (1) The Technical and Further Education Advisory Council shall consist of- (a) the Commissioner referred to in paragraph 10 (1) (d), who shall be the Chairperson of the Council;
(b) the Commissioner referred to in paragraph 10 (1) (g); and
(c) 6 other members.

(2) The members referred to in paragraph (1) (c) shall be appointed by the Governor-General.

(3) The Chairperson of the Technical and Further Education Advisory Council may be referred to as the Chairman or the Chairwoman, as the case requires.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 27A
Advice by Technical and Further Education Advisory Council

SECT

27A. (1) The Technical and Further Education Advisory Council shall inquire into, and furnish information and advice to the Commission with respect to, such matters relating to technical and further education institutions, or relating to technical and further education, as the Commission requires or as the Council determines.

(2) The Technical and Further Education Advisory Council shall-
(a) before 31 January 1987;
(b) before the expiration of the period of 3 years commencing on 1 February 1987; and
(c) before the expiration of each succeeding period of 3 years, furnish to the Commission a report on-
(d) the state of technical and further education institutions, and the state of technical and further education in Australia;
(e) the problems in relation to technical and further education institutions, and in relation to technical and further education, in Australia; and
(f) the priorities for future developments in relation to technical and further education institutions, and in relation to technical and further education, in Australia.

(3) A report furnished under sub-section (2) shall not contain recommendations in respect of grants to be made to particular States or particular institutions.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - DIVISION 4
Division 4-Members, Meetings and Activities of Advisory Council

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 28
Period of appointment to Advisory Council

SECT

28. A member of an Advisory Council shall be appointed for such period, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 29
Remuneration and allowances of members of Advisory Councils

SECT

29. (1) A member of an Advisory Council shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, the member shall be paid such remuneration as is prescribed.

(2) A member of an Advisory Council shall be paid such allowances as are prescribed.

(3) This section has effect subject to the Remuneration Tribunals Act 1973.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 30
Resignation of member of Advisory Council

SECT

30. A member of an Advisory Council may resign office by writing signed by the member and delivered to the Governor-General.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 31
Termination of appointment of member of Advisory Council

SECT

31. (1) The Governor-General may terminate the appointment of a member by reason of the misbehaviour, or the physical or mental incapacity, of the member.

(2) If a member of an Advisory Council-
(a) is absent, except with the permission of the Minister, from 3 consecutive meetings of the Council; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration for their benefit, the Governor-General shall terminate the appointment of the member.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 32
Vacancies not to affect Advisory Councils

SECT

32. The performance of the functions of an Advisory Council is not affected by reason only of there being a vacancy or vacancies in the membership of the Council.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 33
Commissioners on Advisory Councils

SECT

33. If the Chairperson of an Advisory Council is acting as Chairperson of the Commission but no person has been appointed to act as a Commissioner in his or her place, his or her so acting shall not affect his or her being the Chairperson of that Council.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 34
Members acting as Commissioners

SECT

34. If a member or acting member of an Advisory Council is acting as a Commissioner, the member or acting member shall not perform the duties of his or her office of a member or acting member of the Council while the member or acting member is so acting as a Commissioner.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 35
Acting members of Advisory Councils

SECT

35. (1) The Minister may appoint a person, other than a Commissioner, to act as a member of an Advisory Council during a period, or during all periods, when-
(a) there is a vacancy in the office of a member of the Council; or
(b) a member of the Council is absent from duty or from Australia or, for any other reason (including the provisions of section 34), is unable to perform the functions of the office of that member, but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

(1A) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(2) The Minister may-
(a) determine, in writing, the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.

(3) Where a person is acting as a member of an Advisory Council in accordance with paragraph (1) (b) and the office of that member becomes vacant while that person is so acting, then, subject to sub-section (1A), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

(4) The appointment of a person under sub-section (1) ceases to have effect if the person resigns the appointment by writing signed by the person and delivered to the Minister.

(5) The validity of anything done by a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for the person's appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 36
Meetings of Advisory Councils

SECT

36. (1) An Advisory Council shall hold such meetings as are necessary for the performance of its functions.

(2) The Chairperson of an Advisory Council or the Chairperson of the Commission may, at any time, convene a meeting of that Council.

(3) At a meeting of an Advisory Council, 4 members constitute a quorum.

(4) The Chairperson of an Advisory Council shall preside at all meetings of the Council at which the Chairperson is present.

(5) If the Chairperson of an Advisory Council is not present at a meeting of the Council, the members present shall elect one of their number to preside at the meeting.

(6) Questions arising at a meeting shall be determined by a majority of the votes of the members present and voting.

(7) The person presiding at a meeting has a deliberative vote, and in the event of an equality of votes, also has a casting vote.

(8) The Chairperson of the Commission may attend a meeting of an Advisory Council and participate in discussions at that meeting.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - PART IV
PART IV-MISCELLANEOUS

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 38
Staff of Commission

SECT

38. (1) The staff necessary to assist the Commission shall be persons employed under the Public Service Act 1922.

(2) The Chairperson has all the powers of, or exercisable by, a Secretary under the Public Service Act 1922, so far as those powers relate to the branch of the Public Service comprising the staff referred to in sub-section (1) as if that branch were a separate Department of the Public Service.

(3) For the purpose of section 26 of the Public Service Act 1922, the Chairperson shall be deemed to be a Secretary.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 39
Committees

SECT

39. (1) The Minister may, at the request of the Commission, appoint a committee to assist the Commission or an Advisory Council in relation to a matter specified in the request.

(2) A committee appointed under sub-section (1) shall consist of such persons, whether Commissioners or members of an Advisory Council or not, as the Minister thinks fit.

(3) Subject to the Remuneration Tribunals Act 1973, 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 appointed under sub-section (1) to assist the Commission or an Advisory Council shall make such inquiries and furnish such reports, in connexion with the matter in relation to which it has been appointed, as the Commission or the Council, as the case may be, directs.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 40
Superannuation

SECT

40. Superannuation benefits, other than benefits under the Superannuation Act 1976, may be provided, in respect of a person who is a full-time Commissioner, in accordance with an agreement between the Commonwealth and that person made before the commencement of this Act or such an agreement as amended from time to time.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 41
Transitional references

SECT

41. Unless the contrary intention appears or the context otherwise requires, a reference to the Universities Commission or to the Commission on Advanced Education in any law of the Commonwealth in force at the time this Act comes into operation shall, after the commencement of this Act, be read as including a reference to the Commonwealth Tertiary Education Commission.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 42
Transitional delegations

SECT

42. (1) Where any Act in force at the time this Act comes into operation authorizes the Minister administering that Act to delegate a power under that Act to the Universities Commission, to the Commission on Advanced Education or to a member of either of those Commissions, that Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate that power to the Commonwealth Tertiary Education Commission, to an Advisory Council or to a full-time Commissioner.

(2) Where any Act in force at the time this Act comes into operation authorizes the Universities Commission or the Commission on Advanced Education to delegate a power under that Act that, by virtue of section 41 of this Act, may be exercised by the Commonwealth Tertiary Education Commission, the Commonwealth Tertiary Education Commission may, by resolution, either generally or as otherwise provided by the resolution, delegate that power to an Advisory Council or to a full-time Commissioner.

(3) A power of a Minister or of the Commission under an Act delegated under this section, when exercised by the delegate, shall, for the purposes of that Act, be deemed to have been exercised by the Minister or the Commission, as the case may be.

(4) A delegation by a Minister or the Commission under this section does not prevent the exercise of a power by the Minister or the Commission, as the case may be.

(5) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under sub-section (2) as if the Commission were a person.

(6) A certificate signed by the Chairperson, or, if a person is acting as the Chairperson, that person so acting, stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.

(7) A document purporting to be a certificate mentioned in sub-section (6) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 43
Resolutions

SECT

43. A declaration for the purposes of paragraph (b) of the definition of "technical and further education" in sub-section 4 (1) or a delegation of a power under sub-section 42 (2)-
(a) may be revoked by resolution of the Commission (whether or not constituted by the persons constituting the Commission at the time the declaration was made or the power was delegated, as the case may be); and
(b) continues in force notwithstanding a change in the membership of the Commission.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 43A
Annual report

SECT

43A. (1) The Commission shall, as soon as practicable after 31 December in each year, prepare and furnish to the Minister a report of the operations of the Commission during the year that ended on that 31 December.

(2) The Minister shall cause a copy of a report furnished under sub-section (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 44
Regulations

SECT

44. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

(2) The regulations may declare that a specified institution or proposed institution shall be a university or college of advanced education for the purposes of this Act.

(3) The regulations may declare that a specified institution or proposed institution specified in a Schedule or in regulations made under sub-section (2) shall cease to be a university or college of advanced education for the purposes of this Act.

(4) A regulation of a kind referred to in sub-section (2) or (3) shall not be made in respect of an institution or proposed institution except after consideration by the Minister of a report by the Commission on the appropriate status of the institution or proposed institution for the purposes of this Act.

(5) Before making a report for the purposes of sub-section (4) with respect to an institution or a proposed institution in a State, the Commission shall consult with the appropriate authorities in that State with respect to the matter to be reported on, and the report shall include particulars of any views so obtained.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - PART V
PART V-AMENDMENTS OF THE STATES GRANTS (TECHNICAL AND FURTHER EDUCATION

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 45
Principal Act

SECT

45. The States Grants (Technical and Further Education Assistance) Act 1976 is in this Part referred to as the Principal Act.

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SECT 46, 47
Amendments of the States Grants (Technical and Further Education Assistance)
Act 1976

SECT

46, 47.*2* * * * * * * *
*2* Ss. 46 and 47-The amendments made by sections 46 and 47 were amendments to the States Grants (Technical and Further Education Assistance) Act 1976 which has since been repealed by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 (No. 76, 1986).

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SCHEDULE 1

SCH

SCHEDULE 1
Sub-section 4 (1)
(definition of "university")
UNIVERSITIES
NEW SOUTH WALES
University of Sydney
The University of New South Wales
University of New England
The University of Newcastle
The Macquarie University
The University of Wollongong
VICTORIA
University of Melbourne
Monash University
La Trobe University
Deakin University
QUEENSLAND
The University of Queensland
James Cook University of North Queensland
Griffith University
SOUTH AUSTRALIA
The University of Adelaide
The Flinders University of South Australia
WESTERN AUSTRALIA
The University of Western Australia
Murdoch University
TASMANIA
University of Tasmania
TERRITORIES
The Australian National University

COMMONWEALTH TERTIARY EDUCATION COMMISSION ACT 1977 - SCHEDULE 2

SCH

SCHEDULE 2
Sub-section 4 (1)
(definition of "college of
advanced education")
COLLEGES OF ADVANCED EDUCATION
NEW SOUTH WALES
Armidale College of Advanced Education
Catholic College of Education Sydney Ltd
Cumberland College of Health Sciences
Hawkesbury Agricultural College
Kuring-gai College of Advanced Education
Macarthur Institute of Higher Education
Mitchell College of Advanced Education
Nepean College of Advanced Education
Newcastle College of Advanced Education
New South Wales State Conservatorium of Music
Northern Rivers College of Advanced Education
Orange Agricultural College
Riverina-Murray Institute of Higher Education
Sydney College of Advanced Education
Sydney College of the Arts
The New South Wales Institute of Technology
VICTORIA
Ballarat College of Advanced Education
Bendigo College of Advanced Education
Chisholm Institute of Technology
Footscray Institute of Technology
Gippsland Institute of Advanced Education
Hawthorn Institute of Education
Institute of Catholic Education
Lincoln Institute of Health Sciences
Melbourne College of Advanced Education
Phillip Institute of Technology
Royal Melbourne Institute of Technology Ltd
Swinburne Limited
The Victorian College of the Arts
Victoria College
Victorian College of Pharmacy Ltd
Warrnambool Institute of Advanced Education
QUEENSLAND
Brisbane College of Advanced Education
Capricornia Institute of Advanced Education
Darling Downs Institute of Advanced Education
Gold Coast College of Advanced Education
Queensland Agricultural College
Queensland Conservatorium of Music
Queensland Institute of Technology
WESTERN AUSTRALIA
Western Australian College of Advanced Education
Western Australian Institute of Technology
SOUTH AUSTRALIA
Roseworthy Agricultural College
South Australian College of Advanced Education
South Australian Institute of Technology
TASMANIA
Tasmanian State Institute of Technology
TERRITORIES
Canberra College of Advanced Education