MARITIME COLLEGE ACT 1978 No. 54, 1978
MARITIME COLLEGE ACT 1978 No. 54, 1978 - TABLE OF PROVISIONS
MARITIME COLLEGE ACT 1978 No. 54 of 1978 TABLE OF PROVISIONS Section 1. Short title 2. Commencement 3. Repeal 4. Interpretation 5. The College 6. Seat of College 7. Functions of College 8. Powers of College 9. Courses of maritime training, &c. 10. The Council 11. Constitution of Council 12. Election of staff members 13. Term of office 14. Members eligible for re-appointment or re-election 15. Chairman and Deputy Chairman 16. Remuneration of members 17. Removal from office 18. Disclosure of interest 19. Member to cease to hold office in certain circumstances 20. Casual vacancy in office of elected member 21. First meeting of Council 22. Meetings of Council 23. Validity of proceedings 24. Statutes 25. Statutes to be approved by the Governor-General and notified in the Gazette 26. The Principal 27. Acting Principal 28. Staff of College 29. Salaries of academic staff 30. Rights of public servants 31. Contracts by College 32. Fees 33. Moneys of College 34. Application of moneys 35. Bank accounts 36. Proper accounts to be kept 37. Audit 38. Taxation 39. Annual reports 40. Regulations MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 1. Short title.
MARITIME COLLEGE ACT 1978 No. 54 of 1978 An Act relating to the Australian Maritime College. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: Short title 1. This Act may be cited as the Maritime College Act 1978.*1* MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 2. Commencement
2. This Act shall come into operation on a date to be fixed by Proclamation. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 3. Repeal
3. The Maritime College Act 1976*2* is repealed. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 4. Interpretation
4. In this Act unless the contrary intention appears- ''Chairman'' means Chairman of the Council; ''College'' means the Australian Maritime College referred to in section 5; ''Council'' means the Council of the College; ''Deputy Chairman'' means Deputy Chairman of the Council;
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'' ex officio member'' means a person who is a member by virtue of being the Principal or the Chairman; ''member'' means a member of the Council; ''Principal'' means Principal of the College; ''staff'', in relation to the College, means persons employed by the College in pursuance of the power conferred by paragraph 8 (2) (d); ''staff member'' means a member referred to in paragraph 11 (1) (c); ''Statutes'' means the Statutes of the College made by the Council under this Act; ''student member'' means a member referred to in paragraph 11 (1) (d); ''teaching staff'', in relation to the College, means the members of the staff of the College who are declared by the Statutes to be members of the teaching staff of the College; ''term of office'', in relation to a staff member or a student member, means the term of office for which the member is elected; ''year'' means the period of 12 months commencing on 1 January. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 5. The College
5. (1) Notwithstanding the repeal effected by section 3, the college established by the Maritime College Act 1976 under the name ''Australian Maritime College'' is continued in existence by this Act under that name. (2) The College- (a) is a body corporate, with perpetual succession; (b) shall have a seal; (c) may acquire, hold and dispose of real and personal property; and (d) may sue and be sued in its corporate name. (3) The seal of the College 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 College affixed to a document and shall presume that it was duly affixed. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 6. Seat of College
6. The seat of the College shall be at, or in the vicinity of, Launceston in the State of Tasmania. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 7. Functions of College
7. The functions of the College are- (a) to conduct an institution for the provision of such maritime and maritime-related education and training as the Council, with the approval of the Minister, determines, or as the Minister requires, being principally tertiary education for persons who wish to become, or are, officers on merchant or fishing vessels or who wish to become, or are, otherwise engaged in connexion with shipping or the fishing industry; (b) to use the facilities and resources of the College to advance and develop knowledge and skills in the fields with which the College is concerned; (c) to award such degrees, diplomas and certificates in relation to the passing of examinations or otherwise in relation to the education and training provided by the College as are provided for by the Statutes; (d) to consult and maintain liaison with other institutions and authorities in Australia that are concerned with the provision of maritime education and training; and (e) to do anything incidental or conducive to the performance of any of the preceding functions. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 8. Powers of College
8. (1) The College has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions. (2) Without limiting the generality of sub-section (1), the College has
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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 the Commonwealth and made available for the purposes of the College; (d) to employ such staff as are necessary for the efficient performance of its functions; and (e) to accept gifts, devises and bequests made to the College, whether on trust or otherwise, and act as trustee of moneys or other property vested in the College upon trust. (3) Notwithstanding anything contained in this Act, any moneys or other property held by the College upon trust shall be dealt with in accordance with the powers and duties of the College as trustee. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 9. Courses of maritime training, &c.
9. The College may, in pursuance of arrangements between the College and the Minister for Transport, conduct on behalf of the Commonwealth- (a) short courses of maritime training; and (b) examinations and assessments for marine competency in accordance with the Navigation Act 1912. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 10. The Council
10. (1) The College shall be governed by a council by the name of the Council of the Australian Maritime College. (2) All acts and things done in the name of, or on behalf of, the College with the authority of the Council shall be deemed to have been done by the College. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 11. Constitution of Council
11. (1) The Council shall consist of not fewer than 14 nor more than 23 members, namely- (a) the Principal; (b) persons not exceeding 12 in number appointed by the Governor-General; (c) 2 members of the teaching staff of the College elected by that teaching staff; (d) one student of the College elected by the students of the College; (e) persons not exceeding 6 in number appointed by the Council; and (f) if a person other than a person who is a member is appointed to be Chairman in accordance with section 15, the person so appointed. (2) If a person other than the Principal is for the time being performing the duties of the office of Principal, that person may attend meetings of the Council and, for the purposes of those meetings, shall be deemed to be a member. (3) Notwithstanding sub-section (1), the Council may commence to function when at least 9 members have been appointed and may continue to function during the period of 6 months immediately following its so commencing so long as it continues to have at least 9 members. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 12. Election of staff members
12. Of the 2 staff members, one shall be elected by the whole of the teaching staff of the College and the other shall be elected by the senior teaching staff of the College. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 13. Term of office
13. (1) The term of office of a member shall, subject to this Act, be as provided by this section. (2) The Principal holds office as a member while he holds office as Principal. (3) A member referred to in paragraph 11 (1) (b) or (e) holds office for such period, not exceeding 4 years, as is specified in his instrument of appointment. (4) Of the staff members first elected, one holds office for a period of 1 year, and the other holds office for a period of 2 years, commencing on a date to be determined by the Minister. (5) Except as provided by sub-section (4), each staff member holds office for a period of 2 years commencing on-
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(a) the day on which the poll for the election of the member is held; or (b) if that day occurs before the expiration of the term of office of the person whose place he fills, the day after the expiration of that term. (6) A student member holds office for a period of 1 year. (7) The term of office referred to in sub-section (6) shall- (a) in the case of the student member who is first elected-commence on a date to be determined by the Minister; or (b) in any other case-commence on- (i) the day on which the poll for the election of the member is held; or (ii) if that day occurs before the expiration of the term of office of the person whose place he fills, the day after the expiration of that term. (8) A person who becomes a member by virtue of his appointment as Chairman in accordance with section 15 holds office as a member while he holds office as Chairman. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 14. Members eligible for re-appointment or re-election
14. A member (other than an ex officio member) is eligible for reappointment or re-election as a member on the expiration of his term of office. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 15. Chairman and Deputy Chairman
15. (1) Subject to sub-section (2), the Council shall- (a) appoint a person (whether a member or not) to be Chairman; and (b) appoint a member to be Deputy Chairman. (2) The Principal shall not be appointed as Chairman or Deputy Chairman. (3) If a person who is not a member is appointed as Chairman, that person- (a) subject to sub-section (5), holds office as Chairman for such period, not exceeding 4 years, as is specified in his instrument of appointment, but is eligible for re-appointment as Chairman; and (b) may resign his office as Chairman by writing signed by him and delivered to the Minister. (4) A member appointed as Chairman or Deputy Chairman- (a) subject to sub-section (5), holds office as Chairman or Deputy Chairman, as the case may be, for such period as is specified in his instrument of appointment, which shall be a period that expires on or before the expiration of his term of office as a member that is current at the time of the appointment, but, if he remains a member or is re-appointed or re-elected as a member, is eligible for re-appointment as Chairman or Deputy Chairman; (b) may resign his office as Chairman or Deputy Chairman by writing signed by him and delivered to the Minister; and (c) ceases to be Chairman or Deputy Chairman if he ceases to be a member. (5) The term of office as Chairman or Deputy Chairman of the person first appointed to that office shall not exceed 2 years. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 16. Remuneration of members
16. (1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration is in operation, the member shall be paid such remuneration as is prescribed. (2) A member shall be paid such allowances as are prescribed. (3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973. (4) In this section, ''member'' does not include the Principal, a staff member or a student member. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 17. Removal from office
17. (1) The Governor-General may remove a member from office on the ground of misbehaviour or physical or mental incapacity. (2) If a 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) fails to comply with an obligation imposed on him by section 18; or (c) is absent, without leave of the Council, from 3 consecutive meetings of the Council,
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the Governor-General shall remove him from office. (3) In this section, ''member'' does not include the Principal. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 18. Disclosure of interest
18. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council, otherwise than as a member of, and in common with the other members of, an incorporated company which consists of more than 25 persons and of which he is not a director, 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. (2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Council and the member shall not be present during any deliberation of the Council with respect to that matter. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 19. Member to cease to hold office in certain circumstances
19. (1) A member (other than the Principal) may resign his office by writing signed by him and delivered to the Minister. (2) A staff member shall cease to hold office as a member if he ceases to be a member of the teaching staff of the College. (3) A student member shall cease to hold office as a member if he ceases to be a student of the College as defined by the Statutes for the purposes of elections. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 20. Casual vacancy in office of elected member
20. If a staff member or a student member has ceased to hold office before the expiration of his term of office, a person shall, if the Minister so directs, be elected to hold the vacant office from the date of his election until the expiration of that term. MARITIME COLLEGE ACT 1978 No. 54, 1978 - SECT. 21. First meeting of Council