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
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Application,
saving
Number Date Date of or
transitional Act and year of Assent commencement
provisions
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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)
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(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
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Provision affected How affected
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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
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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