CURRICULUM DEVELOPMENT CENTRE ACT 1975 [Note: This Act is "repealed" by Act No. 52 of 1984]
(#DATE 31:08:1982)
Compilation Information
- Reprinted as at 31 August 1982
*1* The Curriculum Development Centre Act 1975 as shown in this reprint
comprises Act No. 41, 1975 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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Curriculum
Development Centre
Act 1975 41, 1975 27 May
1975 1 July 1975 (see
Gazette 1975, No.
S129, p. 1)
Administrative
Changes
(Consequential
Provisions) Act 1978 36, 1978 12 June
1978 12 June 1978 S. 8
Statute Law Revision
Act 1981 61, 1981 12 June
1981 S. 117: Royal
Assent (a) -
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(a) The Curriculum Development Centre Act 1975 was amended by section 117
only of the Statute Law Revision Act 1981, section 2 of which provides that
section 117 shall come into operation on Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
-----------------------------------------------------------------------------
Provision affected How affected
-----------------------------------------------------------------------------
S. 3 . . . . . . . . . am. No. 61, 1981
S. 11 . . . . . . . . am. No. 61, 1981
S. 32 . . . . . . . . am. No. 36, 1978
S. 40 . . . . . . . . am. No. 36, 1978
S. 47 . . . . . . . . am. No. 61, 1981
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CURRICULUM DEVELOPMENT CENTRE ACT 1975 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF CURRICULUM
DEVELOPMENT CENTRE
4. Establishment of Centre
5. Functions of Centre
6. Powers of Centre
7. Grants to States for approved curriculum projects
8. Payments for approved curriculum projects to institutions, &c., in
a
Territory
PART III-THE CURRICULUM DEVELOPMENT CENTRE COUNCIL
9. Establishment of Council
10. Function of Council
11. Membership of Council
12. Chairman of Council
13. Remuneration and allowances
14. Resignation
15. Termination of appointment
16. Acting appointments
17. Meetings of Council
PART IV-THE DIRECTOR
18. Director
19. Duties of Director
20. Appointment and term of office
21. Director not to undertake any other work
22. Remuneration and allowances
23. Leave of absence
24. Resignation
25. Termination of appointment
26. Acting Director
27. Superannuation
28. Preservation of rights
PART V-STAFF
29. Staff of Centre
30. State officers and employees
31. Engagement of consultants
PART VI-FINANCE
32. Moneys payable to Centre
33. Moneys to be appropriated
34. Estimates
35. Bank accounts
36. Borrowing by Centre prohibited
37. Application of moneys
38. Limitation on contracts, &c.
39. Proper accounts to be kept
40. Annual reports
41. Audit
42. Exemption from taxation
PART VII-MISCELLANEOUS
43. Reports to Minister
44. Application of laws to Centre
45. Committees
46. Charges, &c.
47. Consultation by Centre
48. Delegation by Minister
49. Regulations
----------------
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - LONG TITLE
SECT
An Act to establish a Curriculum Development Centre
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 1.
Short title
SECT
PART I-PRELIMINARY
1. This Act may be cited as the Curriculum Development Centre Act 1975.*1*
See notes to first article of this CHAPTER.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - 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.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 3.
Interpretation
SECT
3. In this Act, unless the contrary intention appears-
"acting Chairman" means an acting Chairman of the Council appointed under
sub-section 16 (1);
"acting Director" means an acting Director of the Centre appointed under
sub-section 26 (1);
"acting member" or "acting member of the Council" means an acting member of
the Council appointed under sub-section 16 (2);
"Australian Education Council" means the body, comprising Australian and
State Ministers, known as the Australian Education Council;
"Centre" means the Curriculum Development Centre established by sub-section
4 (1);
"Chairman" means the Chairman of the Council;
"Commonwealth Schools Commission" means the Commonwealth Schools Commission
established by the Commonwealth Schools Commission Act 1973;
"Council" means the Curriculum Development Centre Council established by
section 9;
"curriculum project" means a project relating to the devising or development
of, or research into matters relating to, school curricula or school
educational materials;
"Director" means the Director of the Centre;
"part-time member" or "part-time member of the Council" means a member of
the Council referred to in paragraph 11 (1) (b), (c), (d) or (e);
"school" includes any institution similar to a school;
"school curricula" includes methods and procedures for use in or in
connexion with teaching or learning in schools;
"school educational materials" means materials or equipment (including
books) for use in or in connexion with teaching or learning in schools.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 4.
Establishment of Centre
SECT
PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF CURRICULUM DEVELOPMENT
CENTRE
4. (1) There shall be an Authority by the name of the Curriculum Development
Centre.
(2) The Centre-
(a) is a body corporate;
(b) shall have a seal; and
(c) may sue or be sued in its corporate name.
(3) The seal of the Centre shall be kept in such custody as the Council
directs and shall not be used except as authorized by the Council.
(4) All courts, judges and persons acting judicially shall take judicial
notice of the seal of the Centre affixed to a document and shall presume that
it was duly affixed.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 5.
Functions of Centre
SECT
5. (1) The functions of the Centre are-
(a) to devise and develop, and to promote and assist in the devising and
development of, school curricula and school educational materials;
(b) to undertake, promote and assist in research into matters related to
school curricula and school educational materials;
(c) to make available or supply school curricula and school educational
materials;
(d) to collect, assess and disseminate, and to promote and assist in the
collection, assessment and dissemination of, information relating to school
curricula and school educational materials;
(e) to advise the Minister in relation to making payments under section 7
or 8; and
(f) to do anything incidental or conducive to the performance of any of the
foregoing functions.
(2) The Centre shall perform its functions in accordance with any directions
given by the Minister and shall furnish the Minister with such reports as he
requires.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 6.
Powers of Centre
SECT
6. Subject to this Act, the Centre has power to do all things that are
necessary or convenient to be done for or in connexion with the performance of
its functions and, in particular, has power-
(a) to enter into contracts;
(b) to erect buildings;
(c) to occupy, use and control any land or building owned or held under
lease by Australia and made available for the purposes of the Centre;
(d) to acquire, hold and dispose of real and personal property;
(e) to accept gifts, devises and bequests made to the Centre, whether on
trust or otherwise, and to act as trustee of moneys or other property vested
in the Centre upon trust; and
(f) to arrange for the printing and publication of, and of information
relating to, school curricula and school educational materials.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 7.
Grants to States for approved curriculum projects
SECT
7. (1) Subject to section 33, the Minister may authorize the payment to a
State, in respect of a curriculum project approved by him, of such amounts as
he determines.
(2) A payment to a State under sub-section (1) is by way of financial
assistance to the State on the condition that the amount of the payment will
be applied by the State, in a manner approved by the Minister, for the
purposes of expenditure in connexion with the curriculum project in respect of
which it is paid.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 8.
Payments for approved curriculum projects to institutions, &c.,
in a Territory
SECT
8. The Minister may authorize the making, on behalf of Australia, of an
agreement with-
(a) a body or institution established in a Territory; or
(b) a person resident, or ordinarily resident, in a Territory,
for or in relation to the carrying out by that body, institution or person of
a curriculum project approved by the Minister, and for the making of payments
by Australia to that body, institution or person, for the purposes of the
agreement, on the terms and conditions contained in the agreement.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 9.
Establishment of Council
SECT
PART III-THE CURRICULUM DEVELOPMENT CENTRE COUNCIL
9. There shall be a Curriculum Development Centre Council, which shall be
constituted as provided by sub-section 11 (1).
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 10.
Function of Council
SECT
10. (1) The function of the Council is to govern the Centre.
(2) All acts and things done in the name of, or on behalf of, the Centre by
the Council, or with the authority of the Council, shall be deemed to have
been done by the Centre.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 11.
Membership of Council
SECT
11. (1) The Curriculum Development Centre Council shall consist of-
(a) the Director;
(b) 1 member nominated by the Secretary to the Department of Education;
(c) 3 members nominated by the Australian Education Council;
(d) 2 members nominated by the Commonwealth Schools Commission; and
(e) such number of other members, not being less than 4 or more than 9, as
is from time to time determined by the Governor-General by notice published in
the Gazette.
(2) The members of the Council referred to in paragraphs (1) (b), (c), (d)
and (e) shall be appointed by the Governor-General as part-time members.
(3) A part-time member of the Council shall hold office for such period, not
exceeding 3 years, as the Governor-General specifies in his instrument of
appointment.
(4) The performance of the function, or the exercise of the powers, of the
Council is not affected by reason of there being a vacancy or vacancies in the
membership of the Council.
(5) The appointment of a part-time member is not invalidated, and shall not
be called in question, by reason of a deficiency or irregularity in, or in
connexion with, his selection or appointment.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 12.
Chairman of Council
SECT
12. (1) The Governor-General shall appoint a part-time member of the Council
to be the Chairman of the Council.
(2) The member of the Council appointed as Chairman holds office as Chairman
until the expiration of the period of his appointment as Chairman or until he
ceases to be a part-time member, whichever happens first.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 13.
Remuneration and allowances
SECT
13. (1) The Chairman and other part-time members shall be paid such
remuneration as is determined by the Remuneration Tribunal, but, if no
determination of that remuneration is in operation, they shall be paid such
remuneration as is prescribed.
(2) The Chairman and other part-time members shall be paid such allowances
as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act
1973-1974.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 14.
Resignation
SECT
14. A part-time member may resign his office by writing signed by him
delivered to the Governor-General, but the resignation does not have effect
until it is accepted by the Governor-General.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 15.
Termination of appointment
SECT
15. (1) The Governor-General may terminate the appointment of a part-time
member of the Council for misbehaviour or physical or mental incapacity.
(2) If a part-time member-
(a) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;
(b) is absent, except with the approval of the Minister, from 3 consecutive
meetings of the Council; or
(c) fails to comply with his obligations under sub-section (3),
the Governor-General shall, by notice published in the Gazette, declare that
the office of that member is vacant, and thereupon the office shall be deemed
to be vacant.
(3) If a part-time member, or an acting member, is directly or indirectly
interested in a contract made, or proposed to be made, by the Centre,
otherwise than as a member, and in common with the other members, of an
incorporated company which consists of not less than 25 persons and of which
he is not a director, he shall, as soon as possible after the relevant facts
have come to his knowledge, disclose the nature of his interest at a meeting
of the Council.
(4) A disclosure under sub-section (3) shall be recorded in the minutes of
the Council and the part-time member or acting member, as the case may be-
(a) shall not take part, after the disclosure, in any deliberation or
decision of the Council with respect to the contract; and
(b) shall be disregarded for the purposes of constituting a quorum of the
Council for any such deliberation or decision.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 16.
Acting appointments
SECT
16. (1) Where there is a vacancy in the office of Chairman, or the Chairman
is, or is expected to be, unavailable (whether on account of illness or
otherwise) to attend meetings of the Council, the Minister may appoint a
part-time member to be acting Chairman of the Council until the filling of the
vacancy or during the period for which the Chairman is unavailable, as the
case may be.
(2) Where there is a vacancy in the office of a part-time member (other than
the Chairman), or a part-time member (other than the Chairman) is acting
Chairman or is, or is expected to be, unavailable (whether on account of
illness or otherwise) to attend meetings of the Council, the Minister may
appoint a person to be an acting member until the filling of the vacancy or
during the period for which the part-time member is acting Chairman or is
unavailable, as the case may be.
(3) An acting Chairman or acting member of the Council appointed by reason
of the office of Chairman or of another part-time member, as the case may be,
being vacant shall not continue in office after the expiration of 12 months
after the occurrence of the vacancy.
(4) The Minister may-
(a) determine the terms and conditions of appointment of a person appointed
under sub-section (1) or (2); and
(b) at any time terminate such an appointment.
(5) An acting member may resign his office by writing signed by him
delivered to the Minister.
(6) The validity of a decision of the Council shall not be questioned in any
proceedings on a ground arising from the fact that the occasion for the
appointment of a person purporting to be appointed under sub-section (1) or
(2) had not arisen or an appointment under sub-section (1) or (2) had ceased
to have effect.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 17.
Meetings of Council
SECT
17. (1) The Council shall hold such meetings as are necessary for governing
the Centre.
(2) The Minister or the Chairman may at any time convene a meeting of the
Council.
(3) The Chairman shall convene a meeting of the Council upon the receipt of
a request in writing from not less than 3 members.
(4) The Chairman shall preside at all meetings of the Council at which he is
present.
(5) If the Chairman is not present at a meeting of the Council, the members
present shall elect 1 of their number to preside at the meeting.
(6) At a meeting of the Council, such number of members, not being less than
6 or more than 9, as is from time to time determined by the Governor-General
by notice published in the Gazette, constitute a quorum.
(7) Questions arising at a meeting of the Council shall be determined by a
majority of the votes of the members present and voting.
(8) The member presiding at a meeting of the Council has a deliberative vote
and, in the event of an equality of votes, also has a casting vote.
(9) In this section, a reference to the Chairman shall, if there is an
acting Chairman, be read as a reference to the acting Chairman.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 18.
Director
SECT
PART IV-THE DIRECTOR
18. There shall be a Director of the Centre.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 19.
Duties of Director
SECT
19. The Director shall be the executive member of the Council and shall,
subject to and in accordance with the directions of the Council, conduct the
affairs of the Centre.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 20.
Appointment and term of office
SECT
20. (1) The Director shall be appointed by the Governor-General.
(2) A person appointed as Director shall hold office for such period, not
exceeding 7 years, as the Governor-General specifies in his instrument of
appointment.
(3) A person appointed as Director is eligible for re-appointment.
(4) A person who has attained the age of 65 years shall not be appointed or
re-appointed as Director and a person shall not be appointed or re-appointed
as Director for a period that extends beyond the day on which he will attain
the age of 65 years.
(5) The Director holds office on such terms and conditions (if any) in
respect of matters not provided for by this Act as are determined by the
Governor-General.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 21.
Director not to undertake any other work
SECT
21. The Director shall not engage in paid employment outside the duties of
his office except with the approval of the Minister.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 22.
Remuneration and allowances
SECT
22. (1) The Director 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, he shall be paid such remuneration as is prescribed.
(2) The Director shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunals Act
1973-1974.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 23.
Leave of absence
SECT
23. The Minister may grant leave of absence to the Director upon such terms
and conditions as to remuneration or otherwise as the Minister determines.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 24.
Resignation
SECT
24. The Director may resign his office by writing signed by him delivered to
the Governor-General, but the resignation does not have effect until it is
accepted by the Governor-General.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 25.
Termination of appointment
SECT
25. (1) The Governor-General may terminate the appointment of the Director
for misbehaviour or physical or mental incapacity.
(2) If the Director-
(a) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit;
(b) except with the approval of the Minister, engages in paid employment
outside the duties of his office;
(c) 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; or
(d) in any way, otherwise than as a member, and in common with the other
members, of an incorporated company which consists of not less than 25 persons
and of which he is not a director, is directly or indirectly interested in a
contract made or proposed to be made by or on behalf of the Centre,
the Governor-General shall, by notice published in the Gazette declare that
the office of the Director is vacant, and thereupon the office shall be deemed
to be vacant.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 26.
Acting Director
SECT
26. (1) Where there is a vacancy in the office of Director, or the Director
is, or is expected to be, absent from duty or from Australia, the Minister may
appoint a person to be acting Director until the filling of the vacancy or
during the absence, and, when a person is so acting as Director, he has the
powers and the functions of the Director and may attend and vote at meetings
of the Council as if he were the Director.
(2) An acting Director appointed by reason of the office of Director being
vacant shall not continue in office after the expiration of 12 months after
the occurrence of the vacancy.
(3) If a part-time member is at any time appointed acting Director, his
office as a part-time member shall, during the period of his appointment under
sub-section (1), be deemed to be vacant and he shall, during the period of his
appointment under that sub-section, be deemed not to be a part-time member.
(4) The Minister may-
(a) determine the terms and conditions of appointment of a person appointed
as acting Director; and
(b) at any time terminate such an appointment.
(5) An acting Director may resign his office by writing signed by him
delivered to the Minister.
(6) The validity of an act done by a person appointed, or purporting to be
appointed, as acting Director, including the attendance and voting of such a
person at a meeting of the Council, shall not be questioned in any proceedings
on a ground arising from the fact that the occasion for the appointment had
not arisen or that the appointment had ceased to have effect.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 27.
Superannuation
SECT
27. (1) For the purposes of sub-sections 4 (3A) and (4) of the
Superannuation Act 1922-1974, the Director shall be deemed to be required by
the terms of his appointment to give the whole of his time to the duties of
his office.
(2) For the purposes of the Superannuation Act 1922-1974, the termination of
the appointment of the Director under sub-section 25 (1) of this Act for
physical or mental incapacity shall be deemed to be retirement of the Director
on the ground of invalidity.
(3) Nothing in this Act authorizes the provision of superannuation benefits
to a person appointed under this Act otherwise than under the Superannuation
Act 1922-1974.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 28.
Preservation of rights
SECT
28. Where a person appointed as Director was, immediately before his
appointment, an officer of the Australian Public Service or a person to whom
the Officers' Rights Declaration Act 1928-1973*2* applied-
(a) he retains his existing and accruing rights;
(b) for the purpose of determining those rights, his service under this Act
shall be taken into account as if it were service in the Australian Public
Service; and
(c) the Officers' Rights Declaration Act 1928-1973*2* applies as if this
Act and this section had been specified in the Schedule to that Act.
*2* S. 28-The Officers' Rights Declaration Act 1928 was repealed by the
Public
Service Amendment Act 1978 (No. 170, 1978).
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 29.
Staff of Centre
SECT
PART V-STAFF
29. (1) Subject to sections 30 and 31, the staff of the Centre shall be
persons appointed or employed under the Public Service Act 1922-1974.
(2) The Director has all the powers of, or exercisable by, a Permanent Head
under the Public Service Act 1922-1974 in so far as those powers relate to the
branch of the Australian Public Service comprising the staff of the Centre as
if that branch were a separate Department of the Australian Public Service.
(3) For the purposes of sub-sections 25 (5) and (6) of the Public Service
Act 1922-1974, the Director shall be deemed to be a Permanent Head.
(4) In this section, a reference to the Director shall, if there is an
acting Director, be read as a reference to the acting Director.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 30.
State officers and employees
SECT
30. The Governor-General may enter into an arrangement with the Governor of
a State for the services of officers or employees of the Public Service of the
State or of an authority of the State to be made available to the Centre.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 31.
Engagement of consultants
SECT
31. (1) The Centre may, with the approval of the Minister, engage persons
having suitable qualifications and experience as consultants to the Centre.
(2) The terms and conditions of employment of persons engaged under
sub-section (1) shall be such as are, with the approval of the Public Service
Board, determined by the Council.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 32.
Moneys payable to Centre
SECT
PART VI-FINANCE
32. (1) There are payable to the Centre such moneys as are appropriated by
the Parliament for the purposes of the Centre.
(2) The Minister for Finance may give directions as to the amounts in which,
and the times at which, moneys referred to in sub-section (1) are to be paid
to the Centre.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 33.
Moneys to be appropriated
SECT
33. Payments under sections 7 and 8 are payable out of moneys appropriated
by the Parliament for the purposes of those sections.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 34.
Estimates
SECT
34. (1) The Council shall prepare estimates, in such form as the Minister
directs, of the receipts and expenditure of the Centre for each financial year
and, if so directed by the Minister, for any other period specified by the
Minister, and shall submit those estimates to the Minister not later than such
date as the Minister directs.
(2) Moneys shall not be expended by the Centre otherwise than in accordance
with estimates of receipts and expenditure approved by the Minister.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 35.
Bank accounts
SECT
35. (1) The Centre may open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least 1
such account.
(2) The Centre shall pay all moneys received by it into an account referred
to in this section.
(3) In sub-section (1) "approved bank" means the Reserve Bank of Australia
or another bank for the time being approved by the Treasurer.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 36.
Borrowing by Centre prohibited
SECT
36. The Centre shall not borrow moneys from any person.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 37.
Application of moneys
SECT
37. (1) The moneys of the Centre shall be applied only-
(a) in payment or discharge of the costs, expenses and other obligations of
the Centre under this Act; and
(b) in payment of any remuneration and allowances payable under this Act.
(2) Notwithstanding anything contained in this Act, where a gift, devise or
bequest made to the Centre is subject to conditions in relation to the
purposes for which it is to be applied, any moneys paid to the Centre as a
result of the gift, devise or bequest, and any income derived from the
investment of those moneys, may be applied for those purposes and subject to
those conditions but not otherwise.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 38.
Limitation on contracts, &c.
SECT
38. The Centre shall not, without the approval of the Minister-
(a) enter into a contract under which the Centre is to pay or receive an
amount exceeding $50,000 or, if a higher amount is prescribed, that higher
amount; or
(b) enter into a lease of land for a period exceeding 10 years.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 39.
Proper accounts to be kept
SECT
39. The Council shall cause to be kept proper accounts and records of the
transactions and affairs of the Centre and shall do all things necessary to
ensure that all payments out of the moneys of the Centre are correctly made
and properly authorized and that adequate control is maintained over the
assets of, or in the custody of, the Centre and over the incurring of
liabilities by the Centre.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 40.
Annual reports
SECT
40. (1) The Council shall, as soon as practicable after 30 June in each
year, prepare and furnish to the Minister a report of the operations of the
Centre during that year, together with financial statements in respect of that
year in such form as the Minister for Finance approves.
(2) The report shall set out any directions in relation to the performance
of the functions of the Centre that were given by the Minister during the
period to which the report relates.
(3) Before furnishing financial statements to the Minister, the Council
shall submit them to the Auditor-General, who shall report to the Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records;
(c) whether the receipt, expenditure and investment of moneys, and the
acquisition and disposal of assets, by the Centre during the year have been in
accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(4) The Minister shall cause the report and financial statements of the
Council, together with the report of the Auditor-General, to be laid before
each House of the Parliament within 15 sitting days of that House after their
receipt by the Minister.
(5) The first report and financial statements of the Council under this
section shall be furnished as soon as practicable after 30 June 1976, and
shall relate to the operations of the Centre during the period that commenced
at the commencement of this Act and ended on that date.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 41.
Audit
SECT
41. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Centre and records relating to assets of, or
in the custody of, the Centre, and shall forthwith draw the attention of the
Minister to any irregularity disclosed by the inspection and audit that, in
the opinion of the Auditor-General, is of sufficient importance to justify his
so doing.
(2) The Auditor-General may, at his discretion, dispense with all or any
part of the detailed inspection and audit of any accounts or records referred
to in sub-section (1).
(3) The Auditor-General shall, at least once in each financial year, report
to the Minister the results of the inspection and audit carried out under
sub-section (1).
(4) The Auditor-General or an officer authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents
and papers of the Centre relating directly or indirectly to the receipt or
payment of moneys, or to the acquisition, receipt, custody or disposal of
assets, by the Centre.
(5) The Auditor-General or an officer authorized by him may make copies of,
or take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or an officer authorized by him may require any
person to furnish him with such information in the possession of the person or
to which the person has access as the Auditor-General or authorized officer
considers necessary for the purposes of the functions of the Auditor-General
under this Act, and the person shall comply with the requirement.
(7) A person who contravenes sub-section (6) is guilty of an offence and is
punishable, upon conviction, by a fine not exceeding $200.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 42.
Exemption from taxation
SECT
42. The Centre is not subject to taxation under any law of Australia or of a
State or Territory.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 43.
Reports to Minister
SECT
PART VII-MISCELLANEOUS
43. The Council shall-
(a) from time to time inform the Minister concerning the general conduct of
the operations of the Centre; and
(b) furnish to the Minister such information relating to those operations
as the Minister requires.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 44.
Application of laws to Centre
SECT
44. The Centre is not subject to any requirement, obligation, liability,
penalty or disability under a law of Australia, or of a State or Territory, to
which Australia is not subject.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 45.
Committees
SECT
45. (1) The Minister may, at the request of the Council, appoint a committee
to assist the Centre in relation to a matter specified in the request.
(2) A committee appointed under sub-section (1) shall consist of such
persons, whether members of the Council or not, as the Minister sees fit.
(3) A committee shall make such inquiries, and furnish to the Centre such
reports, in connexion with the matter in relation to which it has been
appointed, as the Council directs.
(4) Subject to the Remuneration Tribunals Act 1973-1974, a member of a
committee shall be paid such remuneration and allowances as are prescribed.
(5) A member of a committee shall hold office on such other terms and
conditions as the Minister determines.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 46.
Charges, &c.
SECT
46. The Centre may, subject to and in accordance with any directions of the
Minister, make such charges as it thinks fit for school curricula, school
educational materials or other goods made available or supplied by the Centre,
or for services rendered by it.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 47.
Consultation by Centre
SECT
47. The Centre shall, in the performance of its functions, consult and
co-operate with the Commonwealth Schools Commission, with representatives of
the States, with authorities in the Australian Capital Territory and the
Northern Territory responsible for pre-school, primary or secondary education
in either or both of those Territories and with bodies and authorities
representing non-government schools in Australia, and may consult with such
other persons, bodies and authorities as the Council thinks necessary.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 48.
Delegation by Minister
SECT
48. (1) The Minister may, either generally or otherwise as provided by the
instrument of delegation, by writing signed by him, delegate all or any of his
powers under this Act (except this power of delegation) to the Secretary to
the Department of Education.
(2) Where a power is so delegated, the exercise of the power by the delegate
shall, for the purposes of this Act, be deemed to be the exercise of the power
by the Minister.
(3) A delegation under sub-section (1) is revocable at will and does not
prevent the exercise of a power by the Minister.
CURRICULUM DEVELOPMENT CENTRE ACT 1975 - SECT. 49.
Regulations
SECT
49. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.