Acts Amendment and Repeal (Post-Secondary Education) Act 1989 (WA)
WESTERN AUSTRALIA
ACTS AMENDMENT AND REPEAL (POST-SECONDARY EDUCATION)
ACT 1989
(No. 48 of 1989)
ARRANGEMENT
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—WESTERN AUSTRALIAN POST-SECONDARY EDUCATION
COMMISSION ACT 1970
3. Western Australian Post-Secondary Education Commission Act 1970 repealed
4. Savings and transitional
5. Former employees
PART 3—COLLEGES ACT 1978
6. Principal Act
7. Section 4 amended
8. Section 6 amended
9. Section 11 amended
10. Section 23 amended
11. Section 24 amended
12. Section 36 amended
Section PART 4—CURTIN UNIVERSITY OF TECHNOLOGY ACT 1966
13. Section 21 amended
PART 5—EDUCATION ACT 1928
14. Principal Act
15. Section 3 amended
16. Section 37A amended
PART 6—MURDOCH UNIVERSITY ACT 1973
17. Section 17 amended
PART 7—SECONDARY EDUCATION AUTHORITY ACT 1984
18. Principal Act
19. Section 3 amended
PART 8— WESTERN AUSTRALIAN COLLEGE OF ADVANCED EDUCATION ACT
1984
20. Principal Act
21. Section 3 amended
22. Section 16 amended
23. Section 17 amended
PART 9—MISCELLANEOUS ACTS
24. Financial Administration and Audit Act 1985 amended
25. Government Employees Superannuation Act 1987 amended
26. Public Service Act 1978 amended
WESTERN AUSTRALIA
ACTS AMENDMENT AND REPEAL (POST-SECONDARY EDUCATION)
ACT
No. 48 of 1989
AN ACT to repeal the Western Australian Post-Secondary Education Commission Act 1970 and to amend the Colleges Act 1978, the Curtin University of Technology Act 1966, the Education Act 1928, the Murdoch University Act 1973, the Secondary Education Authority Act 1984, the Western Australian College of Advanced Education Act 1984 and certain other Acts and for incidental and other purposes.
[Assented to 9 January 1990]
The Parliament of Western Australia enacts as follows:
PART I—PRELIMINARY
Short title
1. This Act may be cited as the Acts Amendment and Repeal (Post- Secondary Education) Act 1989.
| No. 48] | Acts Amendment and Repeal (Post-Secondary | [1989 |
Education) Act
Commencement
2. This Act shall come into operation on 1 January 1990.
PART 2— WESTERN AUSTRALIAN POST-SECONDARY EDUCATION
COMMISSION ACT 1970
Western Australian Post-Secondary Education
Commission Act 1970 repealed
3. The Western Australian Post-Secondary Education Commission
Act 1970 is hereby repealed.
Savings and transitional
4. (1) In this section and in section 5
"commencement day" means the day on which this Act comes into
operation;
"the former Commission" means the Western Australian Post- Secondary Education Commission established under the Western Australian Post-Secondary Education Commission Act 1970;
"the Minister" means the Minister of Education a body corporate established under the Education Act 1928.
(2) On and from the commencement day
| (a) | all property held and used for the purposes of the former Commission shall be vested in the Minister; |
| (b) | any moneys appropriated for the purposes of the former Commission or standing to any account in the name of the former Commission and unexpended at the commencement date shall be held in an account at the Treasury and be dealt with in accordance with the directions of the Minister; |
| (c) | all liabilities incurred by or on behalf of the former Commission shall be transferred to the Minister; |
| (d) | all charges, fees and moneys due and payable by or on behalf of the former Commission shall be paid into the account held at the Treasury and received, levied and recovered by the Minister; |
| 1989] | Acts Amendment and Repeal (Post-Secondary | [No. 48 |
Education) Act
| (e) | all contracts made by the former Commission or by any Minister of the Crown on behalf of the former Commission shall have effect as contracts by and with the Minister and may be enforced against the Minister accordingly; |
| (f) | all books, documents, records and papers used by or on behalf of the former Commission shall be handed over to the Minister; |
| (g) | in respect of the matters referred to in paragraphs (a) to (f) the Minister shall for the purposes of the Financial Administration and Audit Act 1985 be a statutory authority. |
(3) As soon as practicable after the commencement date the Minister shall cause sections 66, 67, 68 and 69 of the Financial Administration and Audit Act 1985 to be complied with in relation to the former Commission for the period 1January 1989 to 31 December 1989, and a report prepared under this subsection shall be deemed to be an annual report for the purposes of section 69 of that Act.
Former employees
5. (1) A person who was immediately before the commencement day a permanent employee of the former Commission shall by force of this section and without further appointment be a permanent officer of the Public Service of the State and shall be entitled to receive a salary not less than the salary received by that person as an employee of the Commission immediately before the commencement day.
(2) Where a person becomes an officer of the Public Service of the State pursuant to subsection (1)-
| (a) | he or she shall retain his or her existing and accruing rights, and in particular any rights under the Government Employees Superannuation Act 1987; and |
| (b) | for the purposes of determining those rights, his or her service as an employee of the former Commission shall be taken into account as if it were service with the Public Service of the State. |
PART 3—COLLEGES ACT 1978
Principal Act
6. In this Part the Colleges Act 1978* is referred to as the principal
Act.
[*Act No. 100 of 1978 amended by Acts Nos. 36 of 1980; 51 of 1983; 98
of 1985; 113 of 1987 and 7 of 1988.]
| No. 48] | Acts Amendment and Repeal (Post-Secondary | [1989 |
Education) Act
Section 4 amended
7. Section 4 of the principal Act is amended in subsection (1)-
| (a) | by deleting the definition of "Commission"; and |
| (b) | by deleting the definition of "post-secondary education" and substituting the following definition- |
"post-secondary education" means post-secondary
education, as defined in the Secondary Education Authority
Act 1984. ".
Section 6 amended
8. Section 6 of the principal Act is amended
| (a) | in subsection (2), by deleting "On the advice of the Commission the" and substituting the following- |
" The ";
and
| (b) | in subsection (4), by deleting "After considering the advice of the Commission the" and substituting the following- |
" The ".
Section 11 amended
9. Section 11 of the principal Act is amended
| (a) | in subsection (1) by deleting "given on the recommendation of the Commission"; and |
| (b) | in subsection (2) by deleting "Commission" wherever occurring and substituting the following- |
|
| 1989] | Acts Amendment and Repeal (Post-Secondary | [No. 48 |
Education) Act
Section 23 amended
10. Section 23 of the principal Act is amended by deleting "the Western Australian Post-Secondary Education Commission Act, 1970" and substituting the following-
" to the Minister ".
Section 24 amended
| H. | ' Section 24 of the principal Act is amended in subsection (1)- | |
|
" the Minister
and
| (b) | by deleting , with the approval of the Minister" in paragraph (d). |
Section 36 amended
12. Section 36 of the principal Act is amended
| (a) | in subsections (2), (3) and (8) by deleting ", on the recommendation of the Commission," wherever occurring; |
and
| (b) | in subsection (7) by deleting "on the recommendation of the Commission". |
PART 4—CURTIN UNIVERSITY OF TECHNOLOGY ACT 1966
Section 21 amended
13. Section 21 of the Curtin University of Technology Act 1966* is amended by deleting "and to the Western Australian Post-Secondary Education Commission Act 1970".
['Reprinted as at 24 August 1988.]
| No. 48] | Acts Amendment and Repeal (Post-Secondary | [1989 |
Education) Act
PART 5—EDUCATION ACT 1928
Principal Act
14. In this Part the Education Act 1928* is referred to as the
principal Act.
[*Approved for reprint 19 July 1984 and amended by Acts Nos. 94 and
118 of 1984, 98 of 1985, 93 of 1986, 113 of 1987 and 7 of 1988.]
Section 3 amended
15. Section 3 of the principal Act is amended
| (a) | by inserting in the appropriate alphabetical position the following definition- |
"post-secondary education" means post-secondary education as defined in the Secondary Education Authority Act 1984; ";
and
| (b) | by deleting the definitions of "Teacher education course" and "Tertiary education institution". |
Section 37A amended
16. Section 37A of the principal Act is amended
| (a) | in subsection (1) by deleting paragraphs (a) and (b) and substituting the following paragraphs- |
" (a) a course of post-secondary education; or
| (b) | any course of study approved by the Minister under subsection (4), "; |
and
| (b) | by repealing subsection (4) and substituting the following subsection |
"
(4) The Minister may by instrument in writing approve any course of study for the purposes of subsection (1) (b). ".
| 1989] | Acts Amendment and Repeal (Post-Secondary | [No. 48 |
Education) Act
PART 6—MURDOCH UNIVERSITY ACT 1973
Section 17 amended
Section 17 of the Murdoch University Act 1973* is amended in
subsection (2) by deleting "and the Western Australian Tertiary
Education Commission Act, 1970".
17.
[*Act No. 20 of 1973 as amended by Acts Nos. 103 of 1975, 38 of 1976,
61 of 1977, 7 of 1978, 26 of 1980, 51 of 1983, 98 of 1985 and 7 of 1988.]
PART 7—SECONDARY EDUCATION AUTHORITY ACT 1984
Principal Act
18.
In this Part the Secondary Education Authority Act 1984* is referred to as the principal Act.
[*Act No. 118 of 1984 amended by Acts Nos. 98 of 1985; 113 of 1987
and 7 of 1988.]
Section 3 amended
19. Section 3 of the principal Act is amended by deleting the
definitions of "post-secondary education" and "post-secondary education
institution" and substituting the following definitions
"post-secondary education" means instruction or training or both but does not include the instruction or training of persons who have not attained school leaving age or of persons attending secondary education institutions;
"post-secondary education institution" means any institution
providing post-secondary education; ".
PART 8— WESTERN AUSTRALIAN COLLEGE OF ADVANCED
EDUCATION ACT 1984
Principal Act
20.
In this Part the Western Australian College of Advanced Education Act 1984* is referred to as the principal Act.
[*Act No. 18 of 1984 amended by Acts Nos. 77 and 98 of 1985.]
| No. 48] | Acts Amendment and Repeal (Post-Secondary | [1989 |
Education) Act
Section 3 amended
Section 3 of the principal Act is amended in subsection (1) in the definition of "post-secondary education" by deleting "Western Australian Post-Secondary Education Commission Act 1970" and substituting the following-
21.
" Secondary Education Authority Act 1984 ".
Section 16 amended
22. Section 16 of the principal Act is amended in subsection (1) by
deleting "and the Western Australian Post-Secondary Education
Commission Act 1970".
Section 17 amended
23. Section 17 of the principal Act is amended in subsection (1) by
deleting "and the Western Australian Post-Secondary Education
Commission Act 1970".
PART 9—MISCELLANEOUS ACTS
Financial Administration and Audit Act 1985 amended
24. The Financial Administration and Audit Act 1985* is amended
in Schedule 1 by deleting "Western Australian Post-Secondary Education
Commission".
[*Reprinted as at 4 March 1987 and amended by Acts Nos. 2, 4, 32, 65,
88, 89, 91, 99 and 113 of 1987 and 4, 19 and 21 of 1988.]
Government Employees Superannuation Act 1987 amended
25. The Government Employees Superannuation Act 1987* is
amended in Schedule 1 Part A by deleting "Western Australian Post-
Secondary Education Commission".
[*Act No. 25 of 1987 as amended by Acts Nos. 83 and 91 of 1987 and 52
of 1988.]
Public Service Act 1978 amended
26. The Public Service Act 1978* is amended in Schedule 1 by
deleting item 51.
[*Reprinted as at 16 March 1988.]
0
0
0