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Tertiary Education Commission Act 1977

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TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977
TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - TABLE OF PROVISIONS
TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 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 PART II-TERTIARY EDUCATION COMMISSION Division 1-Establishment and Functions of Commission 6. 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 17. Rights of Public Servants appointed as full-time Commissioners 18. Meetings of Commission PART III-COUNCILS Division 1-Universities Council 19. Universities Council 20. Functions of Universities Council 21. Membership of Universities Council Division 2-Advanced Education Council 22. Advanced Education Council 23. Functions of Advanced Education Council 24. Membership of Advanced Education Council Division 3-Technical and Further Education Council 25. Technical and Further Education Council 26. Functions of Technical and Further Education Council 27. Membership of Technical and Further Education Council Division 4-Members, Meetings and Activities of Council 28. Period of appointment to Council 29. Remuneration and allowances of members of Councils 30. Resignation of member of Council 31. Termination of appointment of member of Council 32. Vacancies not to affect Councils 33. Commissioners on Councils 34. Members acting as Commissioners 35. Acting members of Councils 36. Meetings of Councils 37. Advice by Councils PART IV-MISCELLANEOUS 38. Staff of Commission 39. Committees 40. Superannuation 41. Transitional-references 42. Transitional-delegations 43. Resolutions 44. Regulations
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PART V-AMENDMENTS OF THE STATES GRANTS (TECHNICAL AND FURTHER EDUCATION ASSISTANCE) ACT 1976 45. Principal Act 46. Interpretation 47. Delegation TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 1. Short title.
TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 An Act to make provision for and in relation to the Establishment of a Tertiary Education Commission. BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:- PART I-PRELIMINARY 1. This Act may be cited as the Tertiary Education Commission Act 1977.*1* TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 2. Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 3. Repeal.
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. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 4. Interpretation.
4. (1) In this Act, unless the contrary intention appears- ''acting member'', in relation to a Council, means a person acting as a member of that Council; ''Chairman'' means the Chairman of the Commission; ''college of advanced education'' means, subject to the regulations, an institution specified in Schedule 2; ''Commission'' means the Tertiary Education Commission established by this Act; ''Commissioner'' means the Chairman or another Commissioner holding office under section 10; ''Council'' means the Universities Council, the Advanced Education Council or the Technical and Further Education Council established by this Act; ''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; ''member'', in relation to a Council, means a member of that Council other than the Chairman 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 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
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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 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 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 or a prescribed Commonwealth institution; ''university'' means, subject to the regulations, an institution specified in Schedule 1. (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. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 5. Declarations in relation to technical and further education institutions.
5. The Minister may declare 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. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 6. Tertiary Education Commission.
PART II-TERTIARY EDUCATION COMMISSION Division 1-Establishment and Functions of Commission 6. There is established by this Act a Commission by the name of the Tertiary Education Commission. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 7. Functions of Commission.
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 for and in respect of universities, colleges of advanced education and technical and further education institutions in the State; (ii) matters in connexion with the provision by the Commonwealth of financial assistance for and in respect of universities, colleges of advanced education and technical and further education institutions in the Territories and prescribed Commonwealth institutions; and
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(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 his powers under section 5; (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, establish 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. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 8. Performance of functions of Commission.
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, a college of advanced education or colleges of advanced education in a State or a technical and further education institution or technical and further education institutions in a State, the Commission shall consult with the authority or authorities of that State responsible for matters relating to universities, colleges of advanced education or technical and further education institutions, as the case may be, in the State. (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; and (b) the diversifying of opportunities for tertiary education. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 9. Reports by Commission.
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 a Council in accordance with section 37 relating to the matter on which the Commission is preparing the report, the report shall include a copy of that advice. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 10. Membership of Commission.
Division 2-Constitution and Meetings of Commission 10. (1) The Commission shall consist of- (a) a Chairman; (b) a Commissioner to be concerned particularly with universities;
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(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; and (e) 5 other Commissioners. (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 by the Governor-General. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 11. Period of appointment of Commissioners.
11. (1) A full-time Commissioner shall be appointed for such period, not exceeding 7 years, as is specified in the instrument of his 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 his 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 he will attain the age of 65 years. TERTIARY EDUCATION COMMISSION ACT 1977 No. 25 of 1977 - SECT. 12. Remuneration and allowances of Commissioners.
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, he 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.