Education Act 1964 (ACT)

1964. Education No. 4. 17

EDUCATION

No. 4 of 1964.

An Ordinance to amend the Education Ordinance

1937-1959.

1.—(1.) This Ordinance may be cited as the Education Short title and	citatiOD-
Ordinance	1964.*

(2 . ) The Education Ordinance 1937-1959t is in this

Ordinance referred to as the Principal Ordinance.

(3 . ) The Principal Ordinance, as amended by this Ordi-

nance, may be cited as the Education Ordinance 1937-1964.

2. Section four of the Principal Ordinance is repealed and

the following section inserted in its stead:—

" 4. This Ordinance is divided into Parts, as follows:— pans.

Part I.—Preliminary (Sections 1-7).

Part II.—Compulsory Attendance at Schools (Sec-

tions 8-19).

Part III.—Certified Schools (Sections 20-29). Part IV.—Miscellaneous (Sections 31-37).".

3. Section five of the Principal Ordinance is amended by Definitions,

inserting, before the definition of " the Court", the following
definition:—

" ' Inspector of Schools ' means a person performing in the Territory the duties of an Inspector of Schools under the Public Instruction Act of 1880 of the State of New South Wales in its application to the Territory;".

No. 11, 1956; No. 11, 1958; and No. 21, 1959.

4. Section nine A of the Principal Ordinance is amended by Employment of

omitting from paragraph (b) of sub-section (2.) the words " the StoSto^S*

prescribed person or authority " and inserting in their stead the	age.
words " an Inspector of Schools ".

5. Section ten of the Principal Ordinance is amended by Defence in

omitting from paragraph (c) the words " the prescribed person SStoSSSu	or author i ty" and inserting in their stead the words " an 8 and 9
Inspector of Schools ".

* Made on 24 March, 1964; notified in the Commonwealth Gazette and commenced on 9

April, 1964.

t Ordinance No. 25, 1937, as amended by No. 23, 1938; No. 6, 1942; No. 12, 1947; No. 5, 1952;

18	No. 4.	Education	1964.
Exemption

certificates. 6. Section sixteen of the Principal Ordinance is amended—
(a) by omitting from sub-section (1.) the words "The
prescribed person or authority " and inserting in
their stead the words " An Inspector of Schools ";

and

(b) by omitting from paragraph (d) of that sub-section the words " by the prescribed person or authority " and inserting in their stead the words " by the Inspector of Schools ".

Truants. 7. Section eighteen of the Principal Ordinance is amended— (a) by omitting from sub-section (7.) the words

" while the Agreement set forth in the Schedule to the Child Welfare Agreement Ordinance 1941 or any Agreement in substitution for that Agreement is in force " and inserting in their stead the words " while the Agreement and the Supplemental Agreement set forth in the First and Second Schedules to the Child Welfare Agreement Ordinance 1941-1962 are in force"; and

(b) by omitting from sub-section (10.) the words " in the Schedule to the Child Welfare Agree- ment Ordinance 1941 " and inserting in their stead the words " in the First Schedule to the Child Welfare Agreement Ordinance 1941-1962".

Definition of

" school". 8. Section twenty of the Principal Ordinance is amended by omitting paragraph (b) and inserting in its stead the follow- ing paragraph:—

" (b) the School of General Studies within the Aus- tralian National University;".

Inspection of

schools.	9. Section twenty-three of the Principal Ordinance is amended by omitting the words " by the prescribed person or authority, and, where that person or authority " and inserting in their stead the words " by an Inspector of Schools, and, where the Inspector of Schools ".
Inefficient
schools.	10. Section twenty-four of the Principal Ordinance is

amended—

(a) by omitting from sub-section (1.) the words "If the prescribed person or authority " and insert- ing in their stead the words " If an Inspector of Schools "; and

1964. Education No. 4. 19

(6) by omitting from sub-section (3.) the words "The prescribed person or authority may " and insert- ing in their stead the words " An Inspector of Schools may ".

11. Section twenty-six of the Principal Ordinance is certificate x

, . * may be

amended— limited.

(a) by omitting from sub-section (1.) the words " children up to a certain age only, as is pre- scribed," and inserting in their stead the words " children up to the school leaving age "; and

(b) by omitting from that sub-section the words "by the prescribed person or authority " and insert- ing in their stead the words " by an Inspector of Schools ".

12. Section twenty-nine of the Principal Ordinance is inspection of

* school

amended by omitting from sub-section (1.) the words "The buildings.
prescribed person or authority may" and inserting in their

stead the words " An Inspector of Schools may ".

13. Section thirty-five of the Principal Ordinance is

repealed and the following sections are inserted in its stead:—

" 35. The Minister may, in his discretion, make provision Conveyance of students

for the conveyance of students to and from any school in the	to and from
Territory, and for that purpose may—	school.

(a) provide vehicles;
(b) provide grants in aid of conveyance;

(c) issue travel warrants; and

(d) determine in what cases the travelling expenses of

a student to and from school may be paid.

" 35A. The Minister may grant bursaries, exhibitions, Minister may free places, prizes, scholarships or other forms of assist- scholarships, ance or reward to be used for the benefit of a student at a

school, college or university in the Territory on such terms

and conditions as the Minister determines.

" 3 5 B . A person administering a trust fund or trust pro- Educational
trust funds, &c„

perty established for the creation of a bursary, exhibition, free	may be transferred to
place, prize, scholarship or other form of assistance or reward	Commonwealth.
to be used for the benefit of a student at a school, college or university in the Territory or for educational purposes generally may transfer the fund or trust property to the Commonwealth.

20 No. 4. Education 1964.

Conditions on	" 35c.—(1.) Where a person—
which Minister
may accept	(a) gives or bequeaths a sum of money or gives, wealth for the purpose of establishing or aiding the endowment of any of the forms of assistance or reward mentioned in section thirty-five A of this Ordinance; or
gifts, &c, for
educational	devises or bequeaths property to the Common-
purposes.

(b) transfers a trust fund or trust property to the Commonwealth in pursuance of the last preceding section,

the Minister shall give consideration to the wishes of the donor of the gift or of the creator or transferor of the trust fund or trust property, as the case may be, concerning the creation, maintenance or naming of the gift or of the trust fund or trust property.

" (2.) Notwithstanding anything to the contrary, the Minister may, in his discretion, alter or modify the terms of creation or maintenance of a gift that has been made or of a trust fund or trust property that has been transferred to the Commonwealth under this Part.
" (3.) Where the Commonwealth accepts a gift or the transfer of a trust fund or trust property under this Part, the Minister may, in addition to any other powers conferred on him by the donor of the gift or by the creator or transferor of the trust fund or trust property—

(a) sell, invest or exchange the whole or any part of

the gift or of the trust fund or trust property;

(b) invest the whole or any part of the proceeds of sale

of the gift or trust property;

(c) apply the whole or any part of the gift or of the

trust fund or trust property towards any of the

(d) execute deeds and grant releases, purposes contained in that section; or

on behalf of the Commonwealth.

" (4.) Notwithstanding anything to the contrary, the Minister shall not be deemed to be a trustee of any gift made or of any trust fund or trust property transferred to the Commonwealth under this Part.".

14. Section thirty-seven of the Principal Ordinance is repealed and the following section inserted in its stead:—

Regulations. " 37. The Minister may make regulations, not inconsistent with this Ordinance, prescribing all matters required or permitted by this Ordinance to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.".