Canberra Institute of the Arts Ordinance 1988 (repealed) (ACT)
AUSTRALIAN CAPITAL TERRITORY
Canberra Institute of the Arts Ordinance 1988
No. 1 of 1988
TABLE OF PROVISIONS
Section
PART I—PRELIMINARY
1.Short title
2.Commencement
3.Interpretation
PART II—CANBERRA INSTITUTE OF THE ARTS
4.Establishment of Institute
5.Schools
6.Functions of Institute
7.Powers of Institute
8.Limitations on formation of companies etc.
9.Limitations on formation of partnerships
Limitations on participation in joint ventures
PART III—BOARD AND COUNCIL OF INSTITUTE
Division 1—Board
Board of Institute
Membership of Board
Disclosure of interests
Meetings of Board
Board committees
Statutes
Approval and notification of Statutes
Notification of Statute to be laid before Parliament
Division 2—Council
Establishment of Council
Functions of Council
Membership of Council
Elected Members
PART IV—EXECUTIVE CHAIRPERSON, DIRECTORS
AND STAFF
Division 1—Executive Chairperson
Executive Chairperson
Functions of Executive Chairperson
Acting Executive Chairperson
Remuneration and allowances
Leave of absence
Resignation
Division 2—Directors of Schools and Staff
Directors of Schools
Duties of Directors
Acting Directors
Remuneration and allowances
Resignation
Leave of absence
Staff
PART V—FINANCE
Money to be appropriated by Parliament
Fees
Higher education administration charge
Estimates
Money of Institute
Application of money
Borrowing from the Commonwealth
Borrowing otherwise than from the Commonwealth
Dealings with securities
Security
Borrowing not otherwise permitted
Trust money and trust property
Exemption from taxation
PART VI—MISCELLANEOUS
Delegation by Board
Delegation by Executive Chairperson
Delegation by Director
Regulations
AUSTRALIAN CAPITAL TERRITORY
Canberra Institute of the Arts Ordinance 1988
No. 1 of 1988
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.
Dated 4 February 1988.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
GARY PUNCH
Minister of State for the Arts
and Territories
An Act to establish an Institute of Arts in the Australian Capital Territory
PART I—PRELIMINARY
Short title
1. This Ordinance may be cited as the Canberra Institute of the Arts Ordinance 1988.1
Commencement
2. This Ordinance shall come into operation on such date as is fixed by the Minister by notice in the Gazette.
Interpretation
3. (1) In this Ordinance, unless the contrary intention appears—
“appoint” includes re-appoint;
“appointed member” means a member referred to in subsection 21 (2);
“Board” means the Board of the Canberra Institute of the Arts;
“Council” means the Council of the Canberra Institute of the Arts;
“Director” means a Director of a School;
“elected member” means a member referred to in section 22 (1);
“Executive Chairperson” means the Executive Chairperson of the Institute;
“Institute” means the Canberra Institute of the Arts;
“joint venture” means an undertaking carried on by 2 or more persons in common otherwise than as partners;
“non-teaching staff”, in relation to the Institute, means the persons who, in accordance with the Statutes, constitute the non-teaching staff of the Institute;
“School” means a School within the Institute;
“securities” includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents;
“share” means a share in the share capital of a corporation, and includes stock;
“staff”, in relation to the Institute, means the persons employed by the Institute under section 35;
“Statutes” means the Statutes of the Institute made under this Ordinance;
“student”, in relation to a School, means a person who, in accordance with the Statutes, is a student of that School for the purposes of this Ordinance;
“teaching staff”, in relation to a School, means the persons who, in accordance with the Statutes, constitute the teaching staff of the School.
(2) The question whether a company is a subsidiary of the Institute shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Companies Act 1981.
PART II—CANBERRA INSTITUTE OF THE ARTS
Establishment of Institute
4. (1) There is hereby established a body to be known as the Canberra Institute of the Arts.
(2) The Institute—
(a)is a body corporate, with perpetual succession;
(b)shall have a common 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 common seal of the Institute shall be kept in such custody as the Institute directs and shall not be used except as authorised by the Institute.
(4) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.
Schools
5. There shall be within the Institute the following Schools—
(a)the Canberra School of Art;
(b)the Canberra School of Music;
(c)such other Schools as are prescribed.
Functions of Institute
6. (1) The functions of the Institute are—
(a)to conduct in the Australian Capital Territory an educational institution for the purpose of fostering the achievement of excellence in the study, at tertiary and other levels, of—
(i)music;
(ii)visual arts and crafts; and
(iii)such other fields of the arts as the Board, with the approval of the Minister, determines or the Minister requires;
(b)to provide courses and programs, and to use the facilities and resources of the Institute, to advance and develop knowledge and skill in the fields referred to in paragraph (a);
(c)to promote the development of community awareness and appreciation of the arts in the fields referred to in paragraph (a);
(d)to award degrees, diplomas and certificates in accordance with the Statutes;
(e)to consult and co-operate with other institutions, and with persons, associations, organisations and authorities, concerned with the provision of education and training in the arts; and
(f)to do anything incidental to any of the foregoing.
(2) The functions referred to in paragraphs (1) (b) and (e), and anything incidental to those functions, may be performed within or outside Australia.
Powers of Institute
7. (1) The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions and, in particular, may—
(a)subject to subsection (2), enter into contracts;
(b)erect buildings and structures and carry out works;
(c)occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;
(d)accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and act as trustee of moneys or other property vested in the Institute upon trust;
(e)provide scholarships and like benefits;
(f)appoint agents and attorneys and act as an agent for other persons;
(g)form, and participate in, the formation of companies;
(h)enter into partnerships;
(j)participate in joint ventures;
(k)obtain commercial sponsorship for the Institute; and
(l)do anything incidental to any of its powers.
(2) The Institute shall not enter into a contract for the expenditure of an amount exceeding $100,000 without the approval of the Minister.
(3) The powers of the Institute may be exercised within or outside Australia.
Limitations on formation of companies etc.
8. (1) The Institute shall not, without the written approval of the Minister—
(a)subscribe for or purchase shares in, or debentures or other securities of, a company; or
(b)form, or participate in the formation of, a company that would, upon its formation, be a subsidiary of the Institute.
(2) An approval under subsection (1)—
(a)may be of general application or may relate to a particular company or proposed company; and
(b)may be given subject to specified conditions and restrictions.
(3) Subject to subsection (4), where the Institute subscribes for or purchases shares in, or debentures or other securities of, a company, the Minister shall—
(a)cause to be prepared a statement setting out particulars of, and the reasons for, the subscription or purchase; and
(b)cause a copy of the statement to be laid before each House of Parliament within 15 sitting days of that House after—
(i)subject to subparagraph (ii), the subscription or purchase takes place; or
(ii)if the Minister is of the opinion that the disclosure of the subscription or purchase would adversely affect the commercial interests of the Institute, the Minister ceases to be of that opinion.
(4) Where the Institute holds a controlling interest in a company, the Institute shall endeavour to ensure that the audit arrangements for the company are acceptable to the auditors of the Institute and that the company does not do anything that the Institute itself is not empowered to do.
(5) Without limiting the generality of subsection (4), the Institute shall endeavour to ensure that a company in which it holds a controlling interest does not—
(a)borrow money otherwise than from the Commonwealth; or
(b)raise money otherwise than by borrowing;
except—
(c)with the written approval of the Treasurer; and
(d)on terms and conditions that are specified in, or consistent with, the approval.
(6) Subsection (5) applies to a borrowing or raising of money whether the money is borrowed or raised by dealing in securities or otherwise, and whether or not the money is borrowed or raised, in whole or in part, in a currency other than Australian currency.
(7) An approval may be given under subsection (5) in relation to a particular transaction or class of transactions.
(8) For the purposes of subsection (5)—
(a)the issue by a company of an instrument acknowledging a debt in consideration of the payment or deposit of money or of the provision of credit; or
(b)the obtaining of credit by the company;
shall, to the extent of the amount of that money or of that credit, as the case may be, be deemed to be a borrowing by that company.
(9) Paragraph 5 (b) does not apply to a raising of money where that money is raised by way of donation or gift or by bona fide payment for services rendered.
Limitations on formation of partnerships
9. (1) The Institute shall not, without the written approval of the Minister, enter into partnership with another person.
(2) An approval under subsection (1)—
(a)may be of general application or may relate to a particular person or proposed partnership; or
(b)may be given subject to specified conditions and restrictions.
(3) Subject to subsection (4), where the Institute enters into partnership with another person, the Minister shall—
(a)cause to be prepared a statement setting out particulars of, and the reasons for, the partnership; and
(b)cause a copy of the statement to be laid before each House of Parliament within 15 sitting days of that House after—
(i)subject to subparagraph (ii), the partnership is entered into; or
(ii)if the Minister is of the opinion that the disclosure of the partnership would adversely affect the commercial interests of the Institute, the Minister ceases to be of that opinion.
(4) Where the Institute is able to control the things done by a partnership of which it is a member, the Institute shall endeavour to ensure that the audit arrangements for the partnership are acceptable to the auditors of the Institute and that the partnership does not do anything that the Institute itself is not empowered to do.
Limitations on participation in joint ventures
10. (1) The Institute shall not, without the written approval of the Minister, participate in a joint venture.
(2) An approval under subsection (1)—
(a)may be of general application or may relate to a particular proposed joint venture; or
(b)may be given subject to specified conditions and restrictions.
(3) Subject to subsection (4), where the Institute enters into an agreement for a joint venture, the Minister shall—
(a)cause to be prepared a statement setting out particulars of, and the reasons for, the joint venture; and
(b)cause a copy of the statement to be laid before each House of Parliament within 15 sitting days of that House after—
(i)subject to subparagraph (ii), the agreement is entered into; or
(ii)if the Minister is of the opinion that the disclosure of the joint venture would adversely affect the commercial interests of the Institute, the Minister ceases to be of that opinion.
(4) Where the Institute is able to control the things done by a joint venture of which it is a participant, the Institute shall endeavour to ensure that the audit arrangements for the joint venture are acceptable to the auditors of the Institute and that the joint venture does not do anything that the Institute itself is not empowered to do.
PART III—BOARD AND COUNCIL OF INSTITUTE
Division 1—Board
Board of Institute
11. The Institute shall be governed by a board to be known as the Board of the Canberra Institute of the Arts.
Membership of Board
12. (1) The Board shall consist of the following members—
(a)the Executive Chairperson;
(b)the Director of each School.
(2) The performance of the functions, or the exercise of the powers, of the Board is not affected because of a vacancy in the office of a member referred to in paragraph (1) (a) or (b).
Disclosure of interests
13. (1) A member of the Board who has a direct or indirect financial interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting and the member, unless the Board decides otherwise, shall not—
(a)be present during any consideration of the matter by the Board; or
(b)take part in any decision of the Board with respect to the matter.
(3) Subsection (1) shall not apply to the Executive Chairperson in relation to a matter being considered or about to be considered where that matter arises directly from the exercise of the functions under section 24.
(4) Subsection (1) shall not apply to a Director in relation to a matter being considered or about to be considered where the matter arises directly from the exercise of the duties under section 30.
Meetings of Board
14. (1) Subject to this section, meetings of the Board shall be held at such times and places as the Board determines.
(2) The Board shall hold at least 2 meetings in each calendar year.
(3) The Executive Chairperson may at any time convene a meeting.
(4) The Minister may convene such meetings as the Minister considers necessary.
(5) The Executive Chairperson shall preside at all meetings at which he or she is present.
(6) If the Executive Chairperson is not present at a meeting, the members of the Board present shall elect 1 of their number to preside.
(7) At a meeting, 2 members of the Board for the time being constitute a quorum.
(8) Where by reason of subsection 13 (2), a member of the Board is not present at a meeting during the consideration of a matter, but there would be a quorum if the member were present, the remaining members present constitute a quorum for the purpose of the consideration and decision of the matter.
(9) Questions arising at a meeting shall be determined by a majority of votes of the members present and voting.
(10) The person presiding at a meeting has a deliberative vote but does not have a casting vote.
(11) The Board shall keep a record of its proceedings.
(12) The Board may regulate the procedure of its meetings as it thinks fit.
Board committees
15. (1) The Board may appoint such committees as it thinks fit to assist it in performing any of its functions.
(2) A committee shall—
(a)furnish advice to the Board with respect to such matters relating to the functions of the Institute as the Board refers to the committee; or
(b)assist the Board in the performance of such of its functions as the Board requires.
Statutes
16. (1) The Board may make Statutes, not inconsistent with this Ordinance or the regulations, with respect to any of the following matters—
(a)the management, good government and discipline of the Institute;
(b)the imposition, by or on behalf of the Institute, of penalties upon students of the Institute for contravention of a Statute;
(c)the making by any authority (including the Board, the Executive Chairperson or a Director) of rules, not inconsistent with this Ordinance, the regulations or a Statute, relating to a matter with respect to which a Statute may be made or for carrying out, or giving effect to, a Statute;
(d)the custody and use of the common seal;
(e)the duties of Directors;
(f)the persons who are to constitute the teaching staff of a School for the purposes of this Ordinance;
(g)the persons who are to constitute the non-teaching staff of the Institute for the purposes of this Ordinance;
(h)the persons who are to constitute the students of a School for the purposes of this Ordinance;
(j)the provision of superannuation or similar benefits for, or in respect of, staff;
(k)the admission of persons to courses of study or instruction of the Institute or to examinations of the Institute;
(m)the degrees (including honorary degrees), diplomas and certificates that may be awarded by the Institute and the requirements for their award;
(n)the granting by the Institute of scholarships, bursaries and prizes;
(p)the review of progress of students;
(q)the management and control of a student loan fund;
(r)the provision and management of, and fees or other charges payable for, the use of amenities and services;
(s)the association or affiliation with the Institute of any other authority, corporation, institution, body or person;
(t)the election of elected members;
(u)any other matter authorised by this Ordinance or necessary or convenient for giving effect to this Ordinance.
(2) The Board may make Statutes—
(a)in relation to the use or parking of vehicles on land occupied by the Institute in the Australian Capital Territory, including Statutes authorising, and providing for the effect of, signs and markings; and
(b)providing for the punishment, on summary conviction, by a fine not exceeding $50, of offences against such a Statute.
(3) A Statute made under subsection (2) shall not be inconsistent with a law of the Australian Capital Territory, but shall not be taken to be inconsistent with such a law only because it makes provisions with respect to a matter dealt with by that law, being provisions that can be complied with without contravention of that law.
Approval and notification of Statutes
17. (1) The Board shall cause a Statute to be sealed with the common seal of the Institute and submitted to the Minister for approval.
(2) A Statute approved by the Minister shall be notified in the Gazette and, on notification, has the force of law.
(3) The Statutes shall be numbered consecutively in the order in which they are notified in the Gazette.
(4) The publication in the Gazette of a notice stating that a Statute has been made and specifying—
(a)the number of the Statute; and
(b)a place at which copies of the Statute may be purchased;
is sufficient compliance with subsection (2).
(5) The production of a document purporting to be a copy of a Statute and to be sealed with the common seal of the Institute or to have been printed by the Government Printer is, in all proceedings, evidence of the Statute.
Notification of Statute to be laid before Parliament
18. (1) The Minister shall cause a copy of a Statute approved by the Minister under subsection 17 (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Statute was made.
(2) If a Statute referred to in subsection (1) is not laid before each House of the Parliament in accordance with that subsection, it shall be void and have no effect.
(3) The provisions of subsections 12 (4) to (7) (inclusive) of the Seat of Government (Administration) Act 1910 apply in relation to a Statute laid before a House of Parliament under subsection (1) as if the references in those subsections to an Ordinance were references to such a Statute.
(4) In the application, by virtue of subsection (3), of the provisions of subsections 12 (6) and (6A) of the Seat of Government (Administration) Act 1910, references in those subsections to subsection 12 (3) of that Act shall be read as references to subsection (2) of this section.
Division 2—Council
Establishment of Council
19. There is established by this Ordinance a committee by the name of the Council of the Canberra Institute of the Arts.
Functions of Council
20. (1) The functions of the Council are—
(a)to furnish advice to the Board with respect to the functions of the Institute; and
(b)to assist the Board in the performance of the functions of the Institute.
(2) The Council shall—
(a)observe such procedures relating to the conduct of meetings and the selection of a presiding officer; and
(b)observe such procedures relating to the determination of questions before the Council;
as are determined from time to time by the Council.
Membership of Council
21. (1) The Council shall consist of—
(a)the Executive Chairperson;
(b)the Director of each School;
(c)5 appointed members; and
(d)2 elected members.
(2) The members referred to in paragraph (1) (c) shall be appointed by the Minister as part-time members.
(3) The appointment of a member under subsection (2) is not invalidated, and shall not be called in question, by reason of a defect or irregularity in or in connection with the appointment of the member.
Elected members
22. (1) The elected members shall consist of—
(a)1 member of the staff of the Institute elected by the staff of the Institute; and
(b)1 student of the Institute elected by the students of the Institute.
(2) The elected members shall—
(a)be elected, as the occasion requires, in accordance with the Statutes;
(b)be persons who have attained the age of 18 years; and
(c)hold office for the period (which shall not exceed 2 years) fixed by or under the Statutes.
PART IV—EXECUTIVE CHAIRPERSON, DIRECTORS AND STAFF
Division 1—Executive Chairperson
Executive Chairperson
23. (1) There shall be an Executive Chairperson of the Institute who shall be appointed by the Minister.
(2) A person appointed as Executive Chairperson shall be appointed for a specified period not exceeding 4 years.
(3) The Executive Chairperson holds office on such terms and conditions (if any) in respect of matters not provided for by this Ordinance as are determined by the Minister.
(4) A person may not hold office as Executive Chairperson for more than 2 consecutive terms.
(5) The Executive Chairperson may be referred to as the Executive Chairman or the Executive Chairwoman, as the case requires.
Functions of Executive Chairperson
24. (1) The Executive Chairperson shall manage the affairs of the Institute subject to the directions of, and in accordance with policies determined by, the Board.
(2) Anything done in the name of, or on behalf of, the Institute by the Executive Chairperson shall be deemed to have been done by the Institute.
Acting Executive Chairperson
25. (1) The Minister may appoint a member to act as Executive Chairperson—
(a)during a vacancy in the office of Executive Chairperson (whether or not an appointment has previously been made to the office); or
(b)during any period, or during all periods, when the Executive Chairperson is absent from Australia or is, for any other reason, unable to perform the functions of the office of Executive Chairperson;
but a member appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) An appointment under subsection (1) may be expressed to have effect only in such circumstances as are specified by the Minister.
(3) The Minister may—
(a)determine the terms and conditions of appointment (including remuneration and allowances) of a member acting as Executive Chairperson; and
(b)terminate such an appointment at any time.
(4) Subject to subsection (2), if the office of Executive Chairperson becomes vacant while a person is acting under paragraph (1) (b), the person may continue to act until—
(a)the Minister otherwise directs;
(b)the vacancy is filled; or
(c)a period of 12 months from the occurrence of the vacancy expires;
whichever first happens.
(5) A person may resign an appointment under this section by delivering to the Minister a signed notice of resignation.
(6) While a person is acting under this section, the person has all the powers, and shall perform all the functions, of the Executive Chairperson.
(7) An act done by or in relation to a person purporting to act under this section is not invalid only because—
(a)the occasion for the person’s appointment had not arisen;
(b)there is a defect or irregularity in connection with the person’s appointment;
(c)the person’s appointment had ceased to have effect; or
(d)the occasion for the person to act had not arisen or had ceased.
Remuneration and allowances
26. (1) The Executive Chairperson shall be paid—
(a)such remuneration as is determined by the Remuneration Tribunal; and
(b)such allowances as are prescribed.
(2) This section has effect subject to the Remuneration Tribunals Act 1973.
Leave of absence
27. The Minister may grant leave of absence to the Executive Chairperson on such terms and conditions as to remuneration or otherwise as the Minister determines.
Resignation
28. The Executive Chairperson may resign by delivering to the Minister a signed notice of resignation.
Division 2—Directors of Schools and Staff
Directors of Schools
29. (1) There shall be a Director of each School who shall be appointed by the Minister.
(2) A person who has attained the age of 65 years shall not be appointed as a Director, and a person shall not be appointed as a Director for a period that extends beyond the day on which the person will attain the age of 65 years.
(3) The appointment of a person as a Director shall be on a full-time basis and for a specified period not exceeding 7 years.
(4) A Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Ordinance as are determined by the Minister.
Duties of Directors
30. A Director shall perform such duties as the Statutes prescribe or, subject to the Statutes, as the Board determines.
Acting Directors
31. (1) The Board may appoint a person to act as the Director of a School—
(a)during a vacancy in the office of Director of the School (whether or not an appointment has previously been made to the office); or
(b)during any period, or during all periods, when the Director of the School is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Director;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) An appointment under subsection (1) may be expressed to have effect only in such circumstances as are specified by the Board.
(3) The Board may—
(a)determine the terms and conditions of appointment (including remuneration and allowances) of a person acting as a Director; and
(b)terminate such an appointment at any time.
(4) Subject to subsection (2), if the office of Director of a School becomes vacant while a person is acting under paragraph (1) (b), the person may continue to act until—
(a)the Board otherwise directs;
(b)the vacancy is filled; or
(c)a period of 12 months from the occurrence of the vacancy expires;
whichever first happens.
(5) A person may resign an appointment under this section by delivering a signed notice of resignation to the Executive Chairperson.
(6) While a person is acting as the Director of a School, the person has all the powers, and shall perform all the functions, of the Director.
(7) An act done by or in relation to a person purporting to act under this section is not invalid on the ground that—
(a)the occasion for the person’s appointment had not arisen;
(b)there is a defect or irregularity in connection with the person’s appointment;
(c)the person’s appointment had ceased to have effect; or
(d)the occasion for the person to act had not arisen or had ceased.
Remuneration and allowances
32. (1) The Director of a School shall be paid—
(a)such remuneration as is determined by the Remuneration Tribunal; and
(b)such allowances as are prescribed.
(2) This section has effect subject to the Remuneration Tribunals Act 1973.
(3) In the absence of a determination by the Remuneration Tribunal under subsection (1), the Minister may determine remuneration.
Resignation
33. A Director may resign by delivering to the Minister a signed notice of resignation.
Leave of absence
34. The Executive Chairperson may grant leave of absence to a Director on such terms and conditions as to remuneration or otherwise as are determined by the Board.
Staff
35. (1) The staff of the Institute shall consist of—
(a)such persons employed by the Executive Chairperson, on behalf of the Institute, as the Board thinks necessary for the purposes of this Ordinance; and
(b)persons made available to the Institute under the Commonwealth Teaching Service Act 1972.
(2) Paragraph 1 (b) shall cease to have effect on such date as is fixed by the Minister by notice in the Gazette.
(3) Subject to this Division, the terms and conditions of employment under this section are such as are determined by the Board.
PART V—FINANCE
Money to be appropriated by Parliament
36. (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.
(2) The Minister for Finance may give directions as to the amounts in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.
Fees
37. (1) There are payable to the Institute such fees for attendance at courses and programs as the Minister may determine by notice in the Gazette.
(2) The Board may make a determination in relation to—
(a)fees the payment of which is voluntary;
(b)fees in respect of the provision to students of amenities or services not of an academic nature;
(c)fees in respect of an organisation of students or of students and other persons;
(d)fees in respect of residential accommodation;
(e)fees in respect of the provision of an administrative service;
(f)fees the imposition of which is in accordance with guidelines determined by the Minister for the purposes of paragraph (d) of the definition of “fees” in subsection 3 (1) of the States Grants (Tertiary Education Assistance) Act 1987; or
(g)fees in respect of the undertaking of a post-graduate course specified under subsection (3), by a person who possesses educational qualifications and has earned a living at any time, for the purpose of acquiring further qualifications.
(3) On application by the Institute, the Minister for Employment, Education and Training may specify, by notice published in the Gazette, post-graduate courses for the purposes of paragraph (2) (g).
(4) A fee is not payable by a person or class of persons exempted from payment of the fee by a determination of the Minister under subsection (1) or the Board under subsection (2).
Higher education administration charge
38. (1) In this section—
“charge” means higher education administration charge;
“enrolment” includes re-enrolment;
“relevant date” means a date specified by the Minister for Employment, Education and Training by a notice published in the Gazette;
“relevant enrolment” means the enrolment of a person to undertake a course of study or instruction or part of a course of study or instruction at the Institute, being a course the completion of which leads to the granting of a degree, diploma or certificate of the Institute (whether or not that course or that part of that course is undertaken for the purpose of obtaining such an award) but does not include—
(a)the enrolment of a person in a course of technical and further education within the meaning of the States Grants (Tertiary Education Assistance) Act 1987;
(b)the enrolment of a person who is an overseas student within the meaning of the Overseas Students Charge Act 1979 to undertake such a course or part of such a course where the Institute imposes a fee of the kind referred to in paragraph 40 (2) (f);
(c)the enrolment of—
(i)a person who at any time in that year has been in receipt of a pension, benefit or allowance from the Commonwealth, being a person specified for the purposes of subparagraph (c) (i) of the definition of “relevant enrolment” in subsection 3 (1) of the States Grants (Tertiary Education Assistance) Act 1987; or
(ii)a person who at any time in that year has been the spouse of, and dependent on, another person specified for the purposes of subparagraph (c) (i) and subparagraph (c) (ii) of the definition of “relevant enrolment” in subsection 3 (1) of that Act;
(d)the enrolment of a person to undertake part of such a course during a year where that enrolment is required for the purposes of another course being undertaken by that person at another tertiary education institution, being another course in respect of which an amount of higher education administration charge was imposed or exemption was provided in respect of that year; or
(e)the enrolment of a person to undertake such a course where the Institute provides a scholarship for the person to undertake that course, being a scholarship that entitles the person to an amount by way of living allowance of at least $1,000 per annum, not including any amount payable in respect of the person’s dependants.
(2) The Institute shall, in relation to the year commencing on 1 January 1988 and each subsequent year, impose in respect of that year an amount of charge as provided by this section in respect of each student liable to charge.
(3) Subject to this section, a student is liable to charge if the student—
(a)becomes enrolled, by a relevant enrolment, at the Institute during the year; or
(b)is undertaking a course or part of a course at the Institute at a relevant date in the year, although not enrolled at the Institute.
(4) Subject to this section, the student is liable to charge under subsection (3)—
(a)if paragraph (3) (a) applies—on the date of enrolment; or
(b)if paragraph (3) (b) applies—on the relevant date referred to in that paragraph.
(5) A student is not liable to charge on a date in the year if the student has become liable to charge on an earlier date in the year in respect of the Institute.
(6) A student is not liable to charge under paragraph (3) (b) in respect of the Institute where the student would be a person of a kind referred to in paragraph (b) or (c) of the definition of “relevant enrolment” in subsection (1) if the student were enrolled at the Institute.
(7) Where—
(a)at any time during the year, a student would be liable to charge in respect of the Institute but is not liable because the student is a person of a kind referred to in paragraph (b) or (c) of the definition of “relevant enrolment” in subsection (1); and
(b)at a later time in the year, the student is not such a person;
the student is not liable to charge in respect of the Institute in that year.
(8) The amount of charge to which a student becomes liable in the year is the amount of charge in respect of a relevant enrolment in the year determined under section 4D of the States Grants (Tertiary Education Assistance) Act 1984.
(9) Where a person who is required to pay an amount of charge in respect of the enrolment of the person to undertake a course of study or instruction or part of a course of study or instruction at the Institute in respect of a year fails to pay that amount to the Institute before the final payment day for that course or that part of that course in that year, the person shall, unless the Board otherwise determines, cease to be enrolled to undertake that course or that part of that course during that year.
(10) For the purposes of this section, where the enrolment of a person to undertake a course of study or instruction at the Institute entitles the person to undertake a part of that course in more than 1 year, the person shall be deemed to become enrolled to undertake that course in respect of each year in which the person undertakes a part of that course except where that course is of less than 12 months’ duration and the person undertakes that course continuously.
(11) The reference in subsection (9) to the final payment day for a course or a part of a course in a year is a reference to such day during that year as is determined by the Board in relation to that course or that part of that course.
Estimates
39. (1) The Institute shall—
(a)prepare estimates of the receipts and expenditure of the Institute in such form as the Minister directs for—
(i)each calendar year; and
(ii)any other period specified by the Minister; and
(b)lodge those estimates with the Minister within such time as the Minister directs.
(2) Estimates under subsection (1) shall not include estimates of receipts or expenditure of trust money.
Money of Institute
40. The money of the Institute consists of—
(a)money paid to the Institute under section 36; and
(b)any other money, other than trust money, paid to the Institute.
Application of money
41. (1) The money of the Institute shall be applied only—
(a)in payment of discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;
(b)in payment of remuneration and allowances payable under this Ordinance; and
(c)in making any other payments required or permitted to be made by the Institute.
(2) The money of the Institute, other than trust money, shall be expended only in accordance with estimates approved by the Minister.
(3) Money of the Institute not immediately required for the purposes of the Institute may be invested—
(a)on deposit with the Reserve Bank of Australia or any other bank approved by the Treasurer;
(b)in securities of the Commonwealth; or
(c)in any other manner approved by the Treasurer.
Borrowing from the Commonwealth
42. The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Institute at such rates of interest, and on such other terms and conditions, as that Minister determines.
Borrowing otherwise than from the Commonwealth
43. (1) The Institute may, with the approval of the Treasurer, borrow money otherwise than from the Commonwealth on terms and conditions that are specified in, or are consistent with, the approval.
(2) An approval under subsection (1) may be in respect of particular borrowings or a class of borrowings.
(3) An approval under subsection (1) shall be in writing.
Dealings with securities
44. (1) The Institute may, with the approval of the Treasurer but not otherwise, deal with securities.
(2) An approval under subsection (1) shall be in writing.
(3) A reference in this section to dealing with securities includes a reference to—
(a)creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing or reselling securities;
(b)creating, selling, purchasing or reselling rights or options in respect of securities; and
(c)entering into agreements or other arrangements relating to securities.
Security
45. The Institute may give security over the whole or any part of its assets for—
(a)the repayment of money borrowed under section 43;
(b)the payment of any money (including interest) that the Institute is liable to pay in respect of those borrowings; and
(c)the payment of money (including interest) that the Institute is liable to pay in respect of dealings with securities under section 44.
Borrowing not otherwise permitted
46. The Institute shall not borrow or raise money except in accordance with sections 42, 43 and 44.
Trust money and trust property
47. The Institute—
(a)shall pay trust money into an account or accounts referred to in subsection 63J (1) of the Audit Act 1901 (as that subsection applies to the Institute) containing no money other than trust money;
(b)shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and
(c)may only invest trust money—
(i)in a manner in which the Institute is authorised to invest the money by the terms of the trust; or
(ii)in a manner in which trust money may be lawfully invested.
Exemption from taxation
48. (1) Subject to subsection (2), the income, property and transactions of the Institute are not subject to taxation under any law of a State or Territory.
(2) The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.
PART VI—MISCELLANEOUS
Delegation by Board
49. (1) The Board may, by resolution, either generally or as otherwise provided by the resolution, delegate to—
(a)the Executive Chairperson;
(b)a Director;
(c)a committee appointed under section 15; or
(d)a member of the staff of the Institute;
all or any of the powers of the Board under this Ordinance, other than this power of delegation and the powers referred to in section 16.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Ordinance, be deemed to have been exercised by the Board.
(3) A delegation of a power under this section—
(a)may be revoked by resolution of the Board (whether or not constituted by the persons constituting the Board at the time the power was delegated);
(b)does not prevent the exercise of the power by the Board; and
(c)continues in force notwithstanding a change in the membership of the Board.
(4) Section 30 of the Interpretation Ordinance 1967 applies in relation to a delegation under this section as if the Board were a person.
(5) A certificate signed by the Executive Chairperson stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.
(6) A document purporting to be a certificate mentioned in subsection (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
Delegation by Executive Chairperson
50. (1) The Executive Chairperson may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing delegate to—
(a)a Director; or
(b)a member of the staff of the Institute;
all or any of the Executive Chairperson’s powers and functions under this Ordinance, other than this power of delegation.
(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Ordinance, be deemed to have been exercised or performed by the Executive Chairperson.
(3) A delegation does not prevent the exercise of a power or performance of a function by the Executive Chairperson.
Delegation by Director
51. (1) A Director may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing delegate to a member of the staff of the Institute all or any of the Director’s powers and functions under this Ordinance, other than this power of delegation.
(2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Ordinance, be deemed to have been exercised or performed by the Director.
(3) A delegation does not prevent the exercise of a power or performance of a function by the Director.
Regulations
52. The Minister may make regulations, not inconsistent with this Ordinance, prescribing matters—
(a)required or permitted by this Ordinance to be prescribed by regulations; or
(b)necessary or convenient to be prescribed by regulations for carrying out or giving effect to this Ordinance.
NOTE
1. Notified in the Commonwealth of Australia Gazette on 5 February 1988.
0
0
0