Agricultural Colleges Act 1994 (Qld)

Queensland AGRICULTURAL COLLEGES ACT 1994 Reprinted as in force on 16 August 2002 (includes amendments up to Act No. 32 of 2002) Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 16 August 2002. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland AGRICULTURAL COLLEGES ACT 1994 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Declaration of agricultural college . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 2—AGRICULTURAL COLLEGE BOARDS Division 1—College board establishment and general powers and functions 6 Board of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Functions of college board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Powers of college board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Way college board must act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 College board is subject to direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10A Reporting and accountability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2—College board composition and members 12 Membership of college board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Failure to nominate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Person may act as appointed member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 3—Chairperson and deputy chairperson 19 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2 Agricultural Colleges Act 1994 20 Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Meetings of college board 21 Who is to preside at meetings of college board. . . . . . . . . . . . . . . . . . . . . . . 22 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22A Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22B Conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Conduct of meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Other provisions about college board members 24 Entitlements of college board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Training for college board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2A—ADMINISTRATOR 25A Appointment of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25B College board members go out of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25C Administrator is college board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25D Additional functions of the administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . 25E Completion of administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3—THE DIRECTOR 26 Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Acting director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3A—STUDENT ADVISORY COUNCIL 27A Student advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27B Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27C Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27D Term of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27E Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4—PROPERTY AND FINANCE Division 1—Dealing with State land by college board 28 Application of Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Finance 29 Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Loan funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 15 15 15 16 16 16 17 17 18 18 18 19 19 19 20 20 21 21 21 22 22 22

3 Agricultural Colleges Act 1994 32 General fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Other funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Financial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Application of finance Acts 35 College board is statutory body. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5—RULES Division 1—College rules 36 College rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Notification of college rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Operational rules 37A Operational rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6—GENERAL 38 Driver training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 What happens to assets and liabilities on closure of college. . . . . . . . . . . . . 39A Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 7—TRANSITIONAL PROVISIONS Division 1—Transitional provision for Act No. 58 of 1994 48 References to rural training schools etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Transitional provisions for Agricultural Colleges Amendment Act 2002 49 Existing agricultural colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Appointed member who becomes official member. . . . . . . . . . . . . . . . . . . . 52 Change in term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 23 23 24 24 25 25 26 26 26 26 27 27 27 28 28 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 29 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

4 Agricultural Colleges Act 1994 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

s1 5 s3 Agricultural Colleges Act 1994 AGRICULTURAL COLLEGES ACT 1994 [as amended by all amendments that commenced on or before 16 August 2002] An Act about agricultural colleges PART 1—PRELIMINARY 1 Short title This Act may be cited as the Agricultural Colleges Act 1994 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions In this Act— “accredited” means accredited under the TrainingandEmploymentAct 2000 . “agricultural college” means a registered training organisation that is— (a) operated by the State; and (b) declared by the Minister under section 4 to be an agricultural college. “appointed member” means a person appointed under section 14 as a member of a college board. “college” means an agricultural college. “college board” see section 6. “college hostel” means premises kept by a college board for student accommodation.

s3 6 s3 Agricultural Colleges Act 1994 “member” means a member of a college board. “official member” means a person who is an official member of a college board. “pastoral care” includes— (a) care and support provided for students in a safe living and working environment; and (b) care and support provided— (i) with the help of people in the college or the community the director considers have appropriate life experience or skills, or the ability, to work with young people who may be experiencing personal or educational difficulties; and (ii) to help students develop interpersonal and living skills. “registered training organisation” see the TrainingandEmploymentAct 2000 , section 14. 1 “State land” means land— (a) granted in trust, or reserved for a community purpose, under the Land Act 1994 ; and (b) vested in or placed under the control of a college board. “student” of a college means a student enrolled in the college. “TAFE institute” see the TrainingandEmploymentAct2000 , section 191. 2 1 The Training and Employment Act 2000 , section 14, defines ‘registered training organisation’ as follows— “registered training organisation” , is a training organisation that is registered to provide— (a) training services; or (b) recognition services. 2 The Training and Employment Act 2000 , section 191, defines ‘TAFE institute’ as follows— “TAFE institute” , is an institution operated by the State that provides vocational education and training.

s4 7 s6 Agricultural Colleges Act 1994 4 Declaration of agricultural college (1) This section applies to a registered training organisation operated by the State that offers, or will offer, courses of the following kinds— (a) courses about agriculture; (b) courses of particular benefit to— (i) persons engaged in rural industry or related industries; or (ii) persons in the community in the area served, or to be served, by the organisation. (2) The Minister may, by gazette notice, declare the registered training organisation to be an agricultural college. (3) The Minister may, in the gazette notice, specify a name for the college using any 1 or more of the following as the basis for the name— (a) a description of the locality the college serves; (b) the main training function of the college; (c) the main business function of the community the college serves. PART 2—AGRICULTURAL COLLEGE BOARDS Division 1—College board establishment and general powers and functions 6 Board of trustees (1) There is a board of trustees for each college (the “college board” ). (2) The college board— (a) is a corporation with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. (3) The corporation’s name is the [Name of agricultural college] Board.

s7 8 s7 Agricultural Colleges Act 1994 7 Functions of college board (1) The college board for a college is the college’s governing body. (2) The college board has the functions conferred on it by this or another Act. (3) Without limiting subsection (2), the college board’s functions include the following— (a) establishing and reviewing the college’s strategic direction; (b) developing and implementing strategic plans and business plans for the college; (c) deciding policy for achieving the college’s main business purpose, and for other college purposes; (d) ensuring the college develops and implements appropriate risk management strategies; (e) ensuring the college board complies with applicable financial accountability requirements; (f) ensuring the college complies with national and State quality standards and audit requirements for registered training organisations; (g) ensuring the college provides access to training for Aboriginal people, Torres Strait Islanders and others with particular needs at a level that reflects the composition of the community the college serves; (h) ensuring appropriate pastoral care is available for students; (i) developing and implementing appropriate strategies to help students make the transition from an educational environment to the workplace; (j) maintaining the industry links necessary for achieving support from industry for the college’s activities; (k) encouraging opportunities for growth in the college’s training market, including opportunities outside Australia; (l) monitoring the performance of the director and the college.

s8 9 s8 Agricultural Colleges Act 1994 8 Powers of college board (1) A college board has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with property; and (c) appoint agents and attorneys; and (d) engage consultants; and (e) provide residential accommodation for purposes associated with the college; and (f) appoint the college’s director under section 26; and (g) fix charges, and other terms, for services and facilities it supplies; and (h) do anything else necessary or convenient to be done for, or in connection with, its functions. (2) However, unless it has the Minister’s approval, a college board must not— (a) alter a college building; or (b) extend a college building; or (c) build or buy a building for use by the college; or (d) buy land for the college or sell or lease college land or a college building. (3) Subsection (2)(a), (b) and (c) does not apply to the alteration or extension of a college building, or a building to be built or bought for the college, if the actual or estimated cost of altering, extending, building or buying the building is not more than an amount fixed for this section by the Minister by gazette notice. (4) A college board may exercise its powers inside or outside Queensland. (5) Without limiting subsection (4), a college board may exercise its powers outside Australia.

s 9 10 s 11 Agricultural Colleges Act 1994 9 Way college board must act A college board must act in the way that appears to it most likely to promote the interests of its college. 10 College board is subject to direction (1) Despite a college board’s powers, it must comply with a written direction given to it by the Minister about its policy, or the exercise of its functions or powers. (2) If the Minister gives a college board a direction under subsection (1), the board must include in its annual report particulars of the direction and what the board did in response to the direction. 3 10A Reporting and accountability (1) The Minister may, in writing, require a college board to give the Minister stated information and reports in the way and within the time the Minister requires. (2) The college board must comply with a requirement given under subsection (1) to the extent the college board is able to comply with it. (3) However, if the board can not comply with the requirement, the board must give the Minister reasons for not being able to comply with it. (4) Also, a college board must give the Minister a report on any matter of which the board becomes aware that may significantly affect the ability of the board to achieve the objectives stated in the strategic plan for the college or another document given to or made with the chief executive and relevant to the operation of the college. (5) The college board must give the Minister a report mentioned in subsection (4) as soon as practicable, but within 1 month, after the board first becomes aware of the matter. 11 Delegation (1) A college board may delegate its powers under this Act to the college’s director. 3 For the requirement for the annual report, see the Financial Administration andAudit Act 1977 , section 46J (Annual report).

s 12 11 s 13 Agricultural Colleges Act 1994 (2) However, the college board may not delegate its power— (a) to make college rules; or (b) to adopt the college’s annual budget. Division 2—College board composition and members 12 Membership of college board A college board consists of official members and appointed members. 13 Official members (1) There are 6 official members. (2) The official members are— (a) the college’s director; and (b) a nominee of the chief executive; and (c) a nominee of the chief executive of the department that deals with matters under the Stock Act 1915 ; and (d) a nominee of the chief executive of the department that deals with matters under the Education (General Provisions) Act 1989 ; and (e) a staff member of the college nominated by college staff; and (f) a nominee of the college’s student advisory council. (3) The person mentioned in subsection (2)(e)— (a) must be a member of the student advisory council mentioned in section 27A(2)(a) or (b); and (b) stops being an official member when the person’s term as a member of the student advisory council ends. 4 (4) The entity responsible for nominating a person as an official member under subsection (2)(b), (c), (d) or (e)— (a) may, in the nomination, specify a term, of not more than 3 years, for which the person is the entity’s nominee; and 4 See section 27D (Term of membership)

s 14 12 s 14 Agricultural Colleges Act 1994 (b) may withdraw the person’s nomination as an official member by signed notice given to the chairperson and the person. (5) A person mentioned in subsection (2)(b), (c), (d) or (e) stops being an official member on the withdrawal of the person’s nomination under subsection (4)(b). 14 Appointed members (1) There are 7 appointed members. (2) The Governor in Council is to appoint the appointed members. (3) The appointed members must consist of— (a) 3 residents of the area served by the college; and (b) 1 nominee of— (i) the local government for the local government area in which the college is situated; or (ii) if the local government is a city or town and there is an adjoining shire—the adjoining shire; and (c) 3 nominees of the Minister. (4) Each member mentioned in subsection (3)(a), must be a nominee of an entity engaged in rural industry in the area served by the college. (5) Each member mentioned in subsection (3)(c), must— (a) have experience in an industry whose needs are serviced by training provided by the college; or (b) be a member of the community served by the college. (6) Also, the members mentioned in subsection (3)(a) and (c) must be persons the Minister considers have the skills and experience the Minister considers necessary to enable them to contribute effectively to the college board’s ability to perform its functions. Examples of skills for subsection (6) — 1. Financial skills. 2. Strategic and business planning skills. 3. Performance management skills. 4. Training skills.

s 15 13 s 18 Agricultural Colleges Act 1994 15 Term of appointment An appointed member is to be appointed for a term, stated in the instrument of appointment, of not more than 3 years. 16 Failure to nominate (1) If an entity permitted to nominate a person or persons for appointment as a member fails to nominate any or enough eligible persons by a day fixed by the Minister by written notice given to the entity, the Minister may nominate as many persons as necessary to satisfy section 14. 5 (2) A person appointed because of a nomination under subsection (1) is taken to have been appointed on the entity’s nomination. 17 Person may act as appointed member The Governor in Council may appoint a person to act as an appointed member during any period, or all periods, when the member is absent from the State or, for another reason, cannot perform the functions of the office. 18 Vacation of office (1) The office of an appointed member becomes vacant if— (a) the member dies; or (b) the member ceases to be eligible to become a member of the type concerned; or (c) the member is absent without the college board’s leave and without reasonable excuse from 3 consecutive meetings of the board; or (d) the member resigns from office by signed notice of resignation given to the Minister. (2) A resignation takes effect on the day the notice of resignation is given to the Minister or, if a later day of effect is stated in the notice, the later day. 5 Section 14 (Appointed members)

s 19 14 s 21 Agricultural Colleges Act 1994 Division 3—Chairperson and deputy chairperson 19 Chairperson (1) The Governor in Council must appoint 1 of the members of a college board as chairperson of the board. (2) The chairperson must be a person the Minister considers has the skills and experience necessary to lead the college board in the performance of its functions. (3) The chairperson is the executive member of the college board. 20 Deputy chairperson (1) The members of a college board must elect 1 of the members as deputy chairperson of the board whenever there is a vacancy in the office. (2) The deputy chairperson is to act as chairperson— (a) when there is a vacancy in the office; and (b) during any period, or all periods, when the chairperson is absent from the State or, for another reason, cannot perform the functions of the office. Division 4—Meetings of college board 21 Who is to preside at meetings of college board (1) The chairperson must preside at meetings of the college board. (2) If the chairperson is absent from a meeting, the deputy chairperson must preside at the meeting. (3) If the chairperson and the deputy chairperson are both absent from a meeting of a college board or the offices are vacant, the members present must elect a member to preside at the meeting.

s 22 15 s 22B Agricultural Colleges Act 1994 22 Quorum (1) A quorum exists at a meeting of a college board if more than half the members are present. (2) Subsection (1) is subject to section 22B(3). 22A Voting At a meeting of the college board— (a) a question is to be decided by a majority of the votes of the members present and voting; and (b) each member present has a vote on each question to be decided and, if the votes are equal, the chairperson also has a casting vote. 22B Conflict of interest (1) A member of a college board who has a material personal interest in an issue being considered by the board must not— (a) vote on the issue; or (b) vote on a proposed resolution (a “related resolution” ) under subsection (2) about the issue, whether in relation to the member or another member; or (c) be present while the issue, or a related resolution, is being considered by the college board; or (d) otherwise take part in any decision of the college board about the issue or a related resolution. Maximum penalty—100 penalty units. (2) Subsection (1) does not apply to the issue if the college board has at any time passed a resolution that— (a) specifies the member, the interest and the issue; and (b) states that the members voting for the resolution are satisfied the interest should not disqualify the member from considering or voting on the issue. (3) A quorum is present during a consideration of an issue by the college board only if the members present who are entitled to vote on any motion

s 23 16 s 25 Agricultural Colleges Act 1994 that may be moved about the issue number at least 1 less than the number of members required to form a quorum under section 22. 23 Conduct of meeting (1) A college board may otherwise regulate its proceedings as it considers appropriate. (2) The board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen Example of use of technology — Teleconferencing. Division 5—Other provisions about college board members 24 Entitlements of college board members (1) A member (other than the director or a staff member of the college) is entitled to be paid the fees and allowances that may be approved by the Governor in Council. (2) A member of a college board may be reimbursed out-of-pocket expenses that— (a) are necessarily incurred by the member in performing the functions of the office; and (b) are approved by the college board. 25 Training for college board members The chief executive of the department must ensure members receive training about the exercise of their functions as members of a corporation that the chief executive considers appropriate.

s 25A 17 Agricultural Colleges Act 1994 s 25B PART 2A—ADMINISTRATOR 25A Appointment of administrator (1) This section applies if the Minister— (a) is satisfied a college board has, for any reason, stopped functioning effectively; or (b) considers a college board is acting in a way that is prejudicial to the interests of its college. (2) The Minister may, by gazette notice, appoint as administrator of the relevant agricultural college a person the Minister considers has appropriate qualifications and experience to be the administrator. (3) The administrator is to be appointed for the term, and on the conditions decided by the Minister. (4) However, the Minister may, by gazette notice, fix an earlier day as the day the purpose of the administration ends. (5) The administrator— (a) holds office subject to the direction of the Minister; and (b) stops holding office— (i) when the term of the appointment ends unless the administrator stops holding office under section 18(1)(a) or (d) 6 ; or (ii) at the end of the day fixed under subsection (4). 25B College board members go out of office (1) On the appointment of an administrator of a college, the members of the college board go out of office. (2) No compensation is payable to a member of the college board because of subsection (1). 6 Section 18 (Vacation of office)

s 25C 18 Agricultural Colleges Act 1994 s 25E 25C Administrator is college board (1) For all purposes of this Act, the administrator of a college is the college board. (2) Subject to subsection (3), part 2, divisions 2 to 5 7 do not apply to the administrator. (3) Section 18(1)(a) and (d) and 24 8 apply to the administrator as if the administrator were a member of the college board. 25D Additional functions of the administrator (1) The administrator of a college has the following additional functions— (a) to do anything necessary or convenient for the benefit of the college until the purpose of the administration is achieved and appropriate arrangements can be made for the appointment of a new college board; (b) to give the Minister a report on the college board’s financial position and anything else the Minister requires the administrator to include in the report; (c) to give the Minister a final report on the administrator’s administration, including details of any directions given by the Minister to the administrator. (2) The Minister must table the administrator’s final report in the Legislative Assembly within 28 days after receiving it. 25E Completion of administration On the completion of the administration, the administrator of a college is, in the absence of fraud or dishonesty, released from responsibility to account for the administration of the college. 7 Part 2 (Agricultural College Boards), divisions 2 (College board composition and members), 3 (Chairperson and deputy chairperson), 4 (Meetings of college board) and 5 (Other provisions about college board members) 8 Sections 18 (Vacation of office) and 24 (Entitlements of college board members)

s 26 19 s 27A Agricultural Colleges Act 1994 PART 3—THE DIRECTOR 26 Director (1) Each college has a director. (2) The college board is to appoint the director. (3) The director is the chief executive officer of the college. (4) Subject to the board, the director— (a) is responsible for the day to day management of the college; and (b) may appoint the college’s staff. (5) The director and the college staff are appointed under this Act and not under the Public Service Act 1996 . 27 Acting director The college board may appoint a person to act as director— (a) during any vacancy, or all vacancies, in the office; or (b) during any period, or all periods, when the director is absent from the State or, for another reason, cannot perform the functions of the office. PART 3A—STUDENT ADVISORY COUNCIL 27A Student advisory council (1) There is a student advisory council. (2) The student advisory council consists of not more than 8 members comprising not more than— (a) 5 students; and (b) 1 former student; and (c) 2 staff members.

s 27B 20 Agricultural Colleges Act 1994 s 27C 27B Eligibility (1) The following persons are eligible to be a member of the student advisory council— (a) students of the college; (b) former students of the college who graduated from the college within the 5 years before the start of the year for which the person is to be a member of the advisory council; (c) staff members of the college. (2) The following persons are not eligible to be a member of the student advisory council— (a) an official member of the college board, other than the nominee of the student advisory council; (b) an appointed member of the college board. (3) The students of the college are to elect persons from the persons mentioned in subsection (1)(a) as members of the student advisory council. (4) The college staff are to elect persons from the persons mentioned in subsection (1)(c) as members of the student advisory council. (5) An entity entitled to elect persons as members of the student advisory council must elect the persons as and when required by the college board. (6) The college board is to decide the way the member mentioned in section 27A(2)(b) is to be selected. 27C Functions (1) The student advisory council has the following functions— (a) advising the college board or the director on matters the board or director refers to the advisory council; (b) advising the college board or the director on matters about the college or students the advisory council considers should be referred to the board or director; (c) other functions conferred on it by this Act. (2) The student advisory council is not the employee or agent of the college board.

s 27D 21 Agricultural Colleges Act 1994 s 28 27D Term of membership (1) A member of a college’s student advisory council for a particular year holds office until the end of that calendar year and may resign the office by signed notice given to the director. (2) However, a student advisory council member who is a student or a staff member stops being a member of the advisory council on stopping being a student or staff member. 27E Conduct of meetings (1) The advisory council must choose a student member to be the chairperson of the advisory council. (2) The advisory council may otherwise regulate its proceedings as it considers appropriate. PART 4—PROPERTY AND FINANCE Division 1—Dealing with State land by college board 28 Application of Land Act 1994 (1) State land is held and may be disposed of under the Land Act 1994 . (2) However, a college board may only grant an interest in State land by way of lease. (3) The lease must— (a) be for a term of not more than 20 years; and (b) not contain a covenant, agreement or option for the renewal of the lease or the purchase of the land; and (c) be for the highest annual rent that can reasonably be obtained without taking a fine, premium or other consideration for the grant of the lease and having regard to the purpose for which the land is to be used.

s 29 22 s 32 Agricultural Colleges Act 1994 Division 2—Finance 29 Funds (1) A college board may establish and administer the following kinds of funds— (a) a trust fund; (b) a loan fund; (c) a general fund; (d) a kind of fund prescribed by regulation. (2) A regulation may specify the purpose for which amounts held in a particular kind of fund may be used. 30 Trust fund (1) The college board must pay into the trust fund amounts paid to the board for use for a particular person or a particular purpose. (2) The college board may only use an amount paid into the trust fund for the person or purpose for which it was paid to the board. (3) Tuition fees are not to be paid into the trust fund. 31 Loan funds (1) The college board must pay into the loan fund amounts paid to the board by way of loan or subsidy. (2) The college board may only use amounts held in the loan fund to pay expenses necessarily incurred in giving effect to the purpose of the loan or subsidy. 32 General fund (1) The college board must pay into the general fund amounts paid to the college out of the consolidated fund. (2) The college board may also pay into the general fund amounts received by the board from another source, including, for example, tuition fees or other charges or the sale of produce or stock.

s 33 23 s 35 Agricultural Colleges Act 1994 (3) The college board may only use amounts held in the general fund— (a) to pay the college’s operating costs; or (b) if an amount is for capital works—to pay for capital works. 33 Other funds If a college board establishes a fund of a kind prescribed by regulation under section 29(1)(d), the board— (a) must pay into the fund amounts paid to the board for the fund’s purposes; and (b) may only use amounts held in the fund for the fund’s purposes. 34 Financial review (1) A college board must, in each financial year, adopt a budget for the college for the next financial year. (2) In framing its budget, the college board must have regard to any resource agreement entered into between the college board and the chief executive of the department. (3) The college board must control its spending as nearly as possible within the limits of the approved budget. Division 3—Application of finance Acts 35 College board is statutory body (1) The college board is a statutory body under— (a) the Financial Administration and Audit Act 1977 ; and (b) the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the college board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 , including, for example, section 8(4) and (5) of this Act.

s 36 24 s 37 Agricultural Colleges Act 1994 PART 5—RULES Division 1—College rules 36 College rules (1) A college board may make college rules. (2) A college rule may only be made about— (a) fees to be paid by students; and (b) the disciplining of students; and (c) the management and control of the college; and (d) procedures for meetings of the college board; and (e) the making and notifying of college rules. (3) However, the college board must not make a college rule about fees to be paid by students without the Minister’s previous approval. (4) A rule under subsection (2)(b) may not impose a monetary penalty on a student. 37 Notification of college rules (1) A college rule— (a) must be notified in the way required by college rule or, if there is no appropriate college rule, decided by the college board; and (b) takes effect on the day of its notification or, if a later day or time is fixed in the rule, on the day or at the time fixed. (2) On the day a college rule is notified under subsection (1)(a) or as soon as practicable after that day, copies of the rule must be available to be obtained (by purchase or otherwise) at the place, or at each of the places, specified in the notice. (3) Failure to comply with subsection (2) does not affect the validity of the notification under subsection (1)(a).

s 37A 25 Agricultural Colleges Act 1994 s 38 Division 2—Operational rules 37A Operational rules (1) The director may make rules ( “operational rules” ) under this Act for any purpose— (a) authorised by a college rule about anything mentioned in section 36(2); or (b) that is necessary or convenient for the day to day management of the college. (2) An operational rule that is inconsistent with a college rule is, to the extent of the inconsistency, invalid. (3) As soon as practicable after an operational rule is made, the director must publish the rule in a way that gives persons affected by the rule appropriate notice of the rule and its effect. (4) The operational rule takes effect on the day of its notification or, if a later day is stated in the rule for its commencement, the later day. (5) Also, if a person asks for a copy of the operational rule, the director must give the person a copy free of charge. PART 6—GENERAL 38 Driver training (1) In this section— “driver licence” has the meaning given by the TransportOperations(Road Use Management) Act 1995 . “motor vehicle” has the meaning given by the TransportOperations(Road Use Management) Act 1995 . “road” has the meaning given by the TransportOperations(RoadUseManagement) Act 1995 . (2) Despite the TransportOperations(RoadUseManagement)Act 1995 , a student who is required to drive a motor vehicle on a road or in college grounds as part of the student’s training at the college is, while

s 39 26 s 41 Agricultural Colleges Act 1994 driving the motor vehicle, taken to hold a driver licence to drive the motor vehicle. 39 What happens to assets and liabilities on closure of college (1) This section applies if— (a) a college closes; and (b) the college board— (i) holds property (other than State land) when the college closes; or (ii) has liabilities. (2) A regulation may divest property held by the college board from the board and vest it in the State. (3) If the college board held the property on trust, the property is held by the State subject to the terms of the trust. 9 (4) Also, a regulation may transfer the college board’s liabilities to the State. 39A Delegation by Minister The Minister may delegate the Minister’s powers under this Act to the chief executive. 40 Regulation making power The Governor in Council may make regulations under this Act. 41 Numbering and renumbering of Act In the next reprint of this Act produced under the ReprintsAct1992 , provisions of this Act must be numbered and renumbered as permitted by the Reprints Act 1992 , section 43. 9 The Training and Employment Act 2000 , chapter 9, part 1, division 2 allows the corporation to work out an alternative scheme for the use of trust property when the original purpose of the trust cannot be carried out because, for example, the purpose has ceased to exist.

s 48 27 s 50 Agricultural Colleges Act 1994 PART 7—TRANSITIONAL PROVISIONS Division 1—Transitional provision for Act No. 58 of 1994 48 References to rural training schools etc. (1) This section applies to references in Acts and documents in existence on its commencement. (2) A reference to a rural training school, or a particular rural training school, under the Rural Training Schools Act 1965 is taken to be a reference to an agricultural college, or the agricultural college concerned, under this Act. (3) A reference to the board of trustees of a rural training school, or a particular board of trustees, under the Rural Training Schools Act 1965 is taken to be a reference to a college board, or the particular college board concerned, under this Act. (4) A reference to the Rural Training Schools Act 1965 is taken to be a reference to this Act. Division 2—Transitional provisions for Agricultural Colleges Amendment Act 2002 49 Existing agricultural colleges Each agricultural college in existence immediately before the commencement of the AgriculturalCollegesAmendmentAct2002 , section 4 continues to be an agricultural college as if it had been declared to be an agricultural college under this Act as in force on the commencement of that section. 50 Official members (1) On the commencement of the AgriculturalCollegesAmendmentAct 2002 , section 10, the person who was an official member of a college board because of section 13(2)(b) of this Act as in force immediately before the commencement continues to be an official member of the college board of which the person was an official member.

s 51 28 s 52 Agricultural Colleges Act 1994 (2) On the commencement of the AgriculturalCollegesAmendmentAct 2002 , section 10, the person who was an official member of a college board because of section 13(2)(c) of this Act as in force immediately before the commencement continues to be an official member of the college board until the person stops being the president of the student body recognised by the director as representing the interests of the college’s students. 51 Appointed member who becomes official member (1) On the commencement of the AgriculturalCollegesAmendmentAct 2002 , section 10, a person who was an appointed member of a college board because of section 14(3)(c) or (d) of this Act as in force immediately before the commencement becomes an official member of the college board to which the person was appointed. (2) The member continues to be an official member until the member stops being the nominee of the relevant entity for any reason, including the appointment of someone else as the entity’s nominee. 52 Change in term of appointment The reduction in the term of appointment of an appointed member by the AgriculturalColleges Amendment Act2002 , section 12 does not end the appointed member’s term of appointment before the member’s term would otherwise have ended.

29 Agricultural Colleges Act 1994 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 16 August 2002. Future amendments of the Agricultural Colleges Act 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

30 Agricultural Colleges Act 1994 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 1A 1B 1C 2 2A Amendments included none to Act No. 54 of 1996 to Act No. 42 of 1999 to Act No. 26 of 2000 to Act No. 26 of 2000 to Act No. 26 of 2000 Reprint date 3 March 1995 13 June 1997 21 January 2000 21 July 2000 1 September 2000 28 September 2000 5 List of legislation Agricultural Colleges Act 1994 No. 58 date of assent 4 November 1994 ss 1–2 commenced on date of assent remaining provisions commenced 3 February 1995 (1995 SL No. 20) amending legislation— Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Road Transport Reform Act 1999 No. 42 ss 1–2(1), 54(3) sch pt 3 date of assent 2 September 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1999 (see s 2(1)) Training and Employment Act 2000 No. 23 ss 1, 2(3), 293 sch 2 date of assent 27 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 28 September 2000 (2000 SL No. 248) Primary Industries and Natural Resources Legislation Amendment Act 2000 No. 26 ss 1, 12 sch 1 date of assent 27 June 2000 commenced on date of assent Agricultural Colleges Amendment Act 2002 No. 32 date of assent 16 August 2002 commenced on date of assent

31 Agricultural Colleges Act 1994 6 List of annotations Definitions s 3 def “accredited” amd 2000 No. 23 s 293 sch 2 def “agricultural college” sub 2000 No. 23 s 293 sch 2 def “pastoral care” ins 2002 No. 32 s 3(1) def “registered training organisation” ins 2000 No. 23 s 293 sch 2 def “State college” om 2000 No. 23 s 293 sch 2 def “State land” amd 2002 No. 32 s 3(2) def “TAFE institute” ins 2000 No. 23 s 293 sch 2 Declaration of agricultural college s 4 amd 2000 No. 23 s 293 sch 2 sub 2002 No. 32 s 4 Application of Vocational Education, Training and Employment Act 1991 s 5 om 2000 No. 23 s 293 sch 2 Board of trustees s 6 amd 2002 No. 32 s 5 Functions of college board s 7 amd 2002 No. 32 s 6 Powers of college board s 8 amd 2000 No. 23 s 293 sch 2; 2002 No. 32 s 7 College board is subject to direction s 10 amd 2002 No. 32 s 8 Reporting and accountability s 10A ins 2002 No. 32 s 9 Official members s 13 amd 2000 No. 23 s 293 sch 2 sub 2002 No. 32 s 10 Appointed members s 14 amd 2000 No. 26 s 12 sch 1; 2002 No. 32 s 11 Term of appointment s 15 amd 2002 No. 32 s 12 Failure to nominate s 16 amd 2002 No. 32 s 13 Chairperson s 19 amd 2002 No. 32 s 14 Quorum s 22 amd 2002 No. 32 s 15 Voting s 22A ins 2002 No. 32 s 16

32 Agricultural Colleges Act 1994 Conflict of interest s 22B ins 2002 No. 32 s 16 Conduct of meeting s 23 amd 2002 No. 32 s 17 PART 2A—ADMINISTRATOR pt 2A (ss 25A–25E) ins 2002 No. 32 s 18 Director s 26 amd 2002 No. 32 s 19 PART 3A—STUDENT ADVISORY COUNCIL pt 3A (ss 27A–27E) ins 2002 No. 32 s 20 Application of Land Act 1994 prov hdg amd 2002 No. 32 s 21(1) s 28 amd 2002 No. 32 s 21(2) General fund s 32 amd 2002 No. 32 s 22 Other funds s 33 amd 2002 No. 32 s 23 College board is statutory body s 35 amd 1996 No. 54 s 9 sch PART 5—RULES pt hdg amd 2002 No. 32 s 24 Division 1—College rules div hdg ins 2002 No. 32 s 25 Division 2—Operational rules div 2 ( s 37A) ins 2002 No. 32 s 26 Driver training s 38 amd 1999 No. 42 s 54(3) sch pt 3 What happens to assets and liabilities on closure of college s 39 amd 2000 No. 23 s 293 sch 2 Delegation by Minister s 39A ins 2002 No. 32 s 27 Numbering and renumbering of Act s 41 prev s 41 exp 3 February 1996 (see s 50) pres s 41 ins 2002 No. 32 s 28 PART 7—TRANSITIONAL PROVISIONS pt hdg amd R1 (see RA s 7(1)(k)) sub 2002 No. 32 s 29 Division 1—Transitional provision for Act No. 58 of 1994 div hdg ins 2002 No. 32 s 29

33 Agricultural Colleges Act 1994 Repeal s 42 om R1 (see RA s 40) Rural training schools s 43 exp 3 February 1996 (see s 50) Existing boards of trustees s 44 exp 3 February 1996 (see s 50) Property s 45 exp 3 February 1996 (see s 50) Rules s 46 exp 3 February 1996 (see s 50) Staff s 47 exp 3 February 1996 (see s 50) Division 2—Transitional provisions for Agricultural Colleges Amendment Act 2002 div hdg ins 2002 No. 32 s 30 Existing agricultural colleges s 49 prev s 49 exp 3 February 1996 (see s 50) pres s 49 ins 2002 No. 32 s 30 Official members s 50 prev s 50 exp 3 February 1996 (see s 50) pres s 50 ins 2002 No. 32 s 30 Appointed member who becomes official member s 51 ins 2002 No. 32 s 30 Change in term of appointment s 52 ins 2002 No. 32 s 30 © State of Queensland 2002