Education Act Amendment Act 1970 (Qld)

149 (Queensfultb ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 9 of 1970 An Act to Amend the EducationAct of 1964 in certain particulars [ASSENTED TO 13TH APRIL, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Education Act Amendment Act 1970. (2) The Education Act of 1964 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Education Act1964-1970. 2. Commencement of Act. Save as in this Act is otherwise provided, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

150 Education Act Amendment Act 1970, No. 9 3. Repeal of and new s. 2. Section 2 of the Principal Act is repealed and the following section is inserted in its stead:- " 2. Parts and Divisions . This Act is divided into Parts and Divisions of Parts as follows:- PART I-PRELIMINARY; PART II-GENERAL PROVISIONS; Division I-General; Division II--Parents' and Citizens' Associations; PART III-STATE SCHOOLS; Division I-General; Division II-Primary Education; Division III-Secondary Education; Division IV-Special Education; PART IV-COMPULSORY EDUCATION; PART V-TECHNICAL AND AGRICULTURAL EDUCATION; PART VI-SECONDARY SCHOOL COURSES OF STUDY AND EXAMINATIONS; Division I-Examination Certificates; Division II-Board of Junior Secondary School Studies; Division III-Board of Senior Secondary School Studies; PART VII-ADULT EDUCATION; PART VIIA-ADVANCED EDUCATION; Division I-Board of Advanced Education; Division 11-Board of Teacher Education; Division III-Councils of Colleges of Advanced Education; PART VIII-PROVISIONS RELATING TO THE BOARD OF JUNIOR SECONDARY SCHOOL STUDIES, THE BOARD OF SENIOR SECONDARY SCHOOL STUDIES, THE BOARD OF ADULT EDUCATION, THE BOARD OF ADVANCED EDUCATION, THE BOARD OF TEACHER EDUCATION AND THE COUNCILS OF COLLEGES OF ADVANCED EDUCATION; PART VIIIA-GENERAL PROVISIONS RELATING TO ADVANCED EDUCATION; Division I-Dealings with Land Vested in Board or Council; Division II-By-laws of Councils; Division III-Employees of Board of Advanced Education, Board of Teacher Education and Councils of Colleges of Advanced Education; Division IV-Registration of Teachers; Division V-Financial Provisions; Division V1-The Union;

Education Act Amendment Act 1970, No. 9 151 PART IX-SCHOLARSHIPS AND ALLOWANCES TO SCHOOL STUDENTS; PART X-TEACHER EDUCATION; PART XI-OTHER EDUCATIONAL INSTITUTIONS; SCHEDULE.". 4. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) inserting before the term " Age of compulsory attendance " the following terms :- " " Accredit "-Recognize as meeting certain minimum criteria; " Advanced education "-Tertiary education other than university education; "; (b) inserting after the term " Director-General " the following term:- " Fullll-- ttiimmee member "-A member of a Board or Council who, except with the approval in writing of the Minister, does not engage during his term of office in any paid employment outside the duties of his office as member of such Board or Council; "; (c) inserting after the term " Teacher " the following terms:- " Teacchhiinngg staff of a college of advanced education "-Teaching and research staff employed full-time or part-time by the Council of a college of advanced education; " Technological education -The branch of tertiary education which comprises courses in technology; " Tertiary education "-Education which follows completion of full secondary education or its equivalent: The term does not include adult education.". 5. New s. 8A. The Principal Act is amended by inserting after section 8 the following section:- " 8A. Appointment of advisory committees . The Minister may from time to time appoint such committees as he thinks fit to advise on any aspect of education in respect of which a statutory body has not been constituted under this Act.". 6. New s. 9A. The Principal Act is amended by inserting after section 9 the following section:- "9A. Disposal of lands donated for school or other education purposes , the use for such purposes being no longer practicable. Where the corporation has taken or accepted prior to the coming into operation of the Education Act Amendment Act 1970 any lands conveyed, devised, bequeathed or given to it- (a) for the benefit of any one or more schools of the corporation; or (b) for the promotion of any particular branch or branches of education, and the land so acquired can no longer be administered or appropriated in the manner and for the purposes expressed by the donor by reason of the fact that- (c) the school or schools in question have been discontinued;

152 Education Act Amendment Act 1970, No. 9 (d) the particular branch or branches of education in question have been discontinued in part or in whole; or (e) it is not, in the opinion of the Governor in Council, practicable for the land to be administered in the manner and for the purposes expressed by the donor, then, notwithstanding anything contained in this Act or any other Act or law or rule of law to the contrary, the Governor in Council may direct that such land or lands shall- (f) be used ; or (g) be sold, freed and discharged from all trusts, if any, to which it or they are or may be subject, and the proceeds of the sale applied or used, for such other purposes of the Department as the Governor in Council shall direct.". 7. Amendment of s. 10 (1). Subsection (1) of section 10 of the Principal Act is amended by inserting after the word "persons " the words " of or above the age of twenty-one years ". 3. New s. 21A. The Principal Act is amended by inserting after section 21 the following section:- "21A. Temporary exclusion of pupils. Notwithstanding the provisions of section 21 of this Act, a principal or head teacher may temporarily exclude a child from a State school, but immediately on so doing he shall notify the Director-General and any other person prescribed of his action and of his reasons therefor. The Director-General shall consider expeditiously the circumstances of the case and- (a) if he is of the opinion that the child should no longer be excluded from the school, he shall notify the principal or head teacher accordingly, in which case the child shall no longer be excluded from the school; (b) if he is of the opinion that the child should be excluded from the school, the provisions of section 21 of this Act shall thereupon apply accordingly." 9. New s. 22A. The Principal Act is amended by inserting after section 22 the following section:- " 22A. Trespass on school premises . Any person who, without lawful authority or excuse proof whereof shall lie upon him, is on any school premises commits an offence against this Act. Penalty: Fifty dollars. In this section, " school " has the meaning it has in section 22 of this Act.". 10. Repeal of certain Part V sections , etc., and amendment of s. 35. (1) The heading " Division I-Technical and Agricultural Instruction " immediately preceding section 34 of the Principal Act is omitted. (2) The heading " Division II-Technical Education Advisory Council" immediately preceding section 36 of the Principal Act is omitted.

Education Act Amendment Act 1970, No. 9 153 (3) The heading " Division 111-Agricultural Education Advisory Council " immediately preceding section 39 of the Principal Act is omitted. (4) Section 35 of the Principal Act is amended by inserting after the words " of this Act " the words " in respect of which in any case a Council is not constituted pursuant to section 51E of this Act ". (5) Sections 36, 37, 38, 39, 40 and 41 of the Principal Act are repealed. (6) The Technical Education Advisory Council and the Agricultural Education Advisory Council constituted under the Principal Act and subsisting at the coming into operation of this Act shall continue in being and may exercise and perform the powers, functions and duties conferred and imposed upon them by the Principal Act until the Board of Advanced Education is first constituted under the Principal Act as amended by this Act whereupon they shall cease to exist. (7) The provisions of subsections (1), (2), (3) and (5) of this section shall come into operation at the time the Board of Advanced Education is first constituted. 11. New Part VILA. The Principal Act is amended by inserting after section 51 the following headings and section:- " PART VIIA-ADVANCED EDUCATION Division I-Board of Advanced Education 51A. Constitution of Board . (1) There shall be constituted a Board to be called the " Board of Advanced Education " which shall consist of such members as the Governor in Council from time to time prescribes by Order in Council published in the Gazette. (2) The Board shall be a body corporate and shall have perpetual succession and a common seal which shall be judicially noticed and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and of acquiring, holding, leasing and alienating (by exchange, grant, sale, purchase, demise or otherwise) property or any interest therein and of doing and suffering all such acts and things as bodies corporate may by law do and suffer. (3) Until the Governor in Council otherwise prescribes, the Board shall consist of- (i) a nominee of the Minister who shall, in his appointment, be designated and shall be chairman; (ii) the Director-General or his nominee; (iii) a senior officer of the Department nominated by the Minister; (iv) the Deputy Under Treasurer or his nominee; (v) the Chairman of the Board of Teacher Education or his nominee; (vi) six persons associated with advanced education, of whom at least one shall come from each of the fields of agricultural education, music education and teacher education and at least two from the field of technological education; (vii) two members, not being officers of the Department, nominated by the Minister.

154 Education Act Amendment Act 1970, No. 9 (4) The members of the Board, determined in accordance with this Act, shall be appointed by the Governor in Council by notification published in the Gazette and shall, where it is not otherwise provided, be appointed on the recommendation of the Minister. (5) (a) The Chairman of the Board shall be a full-time member, appointed for a term not exceeding seven years and shall, if otherwise qualified, be eligible for re-appointment. If the chairman, except with the approval in writing of the Minister, engages during his term of office in any paid employment outside the duties of his office, he thereupon ceases to hold office as chairman and as a member of the Board and there is a casual vacancy in his office. (b) Subject as aforesaid, the chairman shall be appointed on and subject to such terms and conditions as to salary and otherwise as the Governor in Council thinks fit. (6) The members of the Board shall appoint from among their number a person to be deputy chairman of the Board and such person, subject to this Act, shall be deputy chairman for such period, not exceeding the term for which he is appointed as a member, as the Board determines.". 12. New s. 51B. The Principal. Act is amended by inserting after section 51A as inserted by this Act the following section:- " 51B. Functions and powers of the Board . (1) The functions of the Board of Advanced Education shall be- (a) to make reports and recommendations to the Minister, either of its own motion or at the request of the Minister, with respect to- (i) developments in the field of advanced education to meet the needs of the State of Queensland; (ii) programs for capital and recurrent expenditure submitted by Councils of colleges of advanced education; (iii) expenditure on capital projects; (iv) salaries payable to the staff of colleges of advanced education and conditions of employment; (b) to confer and collaborate with the Commonwealth Committee on Advanced Education, the Board of Teacher Education or any other statutory body on such matters as are within the functions and powers of the Board of Advanced Education; (c) to appoint committees to advise on fields of advanced education concerning which no statutory body has been constituted under this Act and such other committees as it thinks fit to advise it in connexion with the performance of its functions and the exercise of its powers under this Act; (d) to exercise a co-ordinating function with respect to fields of study and awards in colleges of advanced education; (e) to approve annual budgets and plans, specifications and acceptance of tenders for capital projects submitted by Councils of colleges of advanced education;

Education Act Amendment Act 1970, No. 9 155 (f) to approve the scale of fees to be charged by colleges of advanced education in connexion with enrolments in classes or courses or in connexion with examinations, the conferring of awards or other services; (g) to foster research into matters relevant to the development and improvement of advanced education by such means as it thinks fit, including the making of recommendations for the provision of scholarships, fellowships and financial assistance to institutions conducting or proposing to conduct research into any such matters; (h) to appoint staff as necessary to fulfil the Board's functions; (i) to perform any additional functions prescribed by the Governor in Council; (j) to furnish to the Minister as soon as practicable, but not more than three months after the thirty-first day of December in each year, a report of its work and activities during the year. (2) The Board shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under this Act, or as the Governor in Council from time to time prescribes by Order in Council. (3) In the performance of its functions and the exercise of its powers under this Act, the Board shall have regard to the needs of the State and the recommendations made by Councils of colleges of advanced education and its advisory committees.". 13. New heading and new ss. 51C and 51D . The Principal Act is amended by inserting after section 51B as inserted by this Act the following heading and sections:- " Division II-Board of Teacher Education 51C. Constitution of Board . (1) There shall be constituted a Board to be called the " Board of Teacher Education " which shall consist of such members as the Governor in Council from time to time prescribes by Order in Council published in the Gazette. (2) Until the Governor in Council otherwise prescribes, the Board shall consist of- (i) a nominee of the Minister who shall, in his appointment, be designated and shall be chairman; (ii) four persons representative- of bodies or institutions employing teachers; (iii) four persons who are members of the administrative or teaching staff of bodies or institutions preparing teachers for service in schools; (iv) three persons engaged in teaching in schools, one of whom shall be nominated by the Queensland Teachers' Union; (v) the executive officer of the Board who shall be an ex officio member; (vi) not more than two persons nominated by the other members of the Board as soon as is practicable after such other members become members.

156 Education Act Amendment Act 1970, No. 9 (3) The members of the Board, determined in accordance with this Act, shall be appointed by the Governor in Council by notification published in the Gazette and shall, where it is not otherwise provided, be appointed on the recommendation of the Minister. (4) Notwithstanding the provisions of subsection (1) of section 56 of this Act, the term of office of a member of the Board who is nominated pursuant to paragraph (vi) of subsection (2) of this section shall, subject otherwise to this Act, expire on the same day as that on which the terms of office of the other members of the Board whose terms of office expire by effluxion of time so expire. (5) The members of the Board shall appoint from among their number a person to be deputy chairman of the Board and such person, subject to this Act, shall be deputy chairman for such period, not exceeding the term for which he is appointed as a member, as the Board determines. 51D. Functions and powers of the Board . (1) The functions of the Board of Teacher Education shall be- (a) to keep teacher education in Queensland under continuous review and to make reports and recommendations to the Minister thereon; (b) to be responsible to the Minister for the registration of persons entitled to be registered as teachers under this Act; (c) to be responsible for the accreditation of teacher education awards and to determine minimum requirements therefor; (d) to confer and collaborate with the Board of Advanced Education on aspects of teacher education; (e) to appoint such committees as it thinks fit to assist and advise it in the performance of its functions under this Act; (f) to appoint staff as necessary to fulfil the Board's functions; (g) to perform such other functions as are prescribed by the Governor in Council; (h) to furnish to the Minister as soon as practicable, but not more than three months after the thirty-first day of December in each year, a report of its work and activities during the year. (2) The Board shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under this Act, or as the Governor in Council from time to time prescribes by Order in Council.". 14. New heading and new ss. 51E and S1F . The Principal Act is amended by inserting after section 51D as inserted by this Act the following heading and sections:- Division III-Councils of Colleges of Advanced Education 51E. Constitution of Council . (1) The Governor in Council may, on the recommendation of the Minister, constitute a Council for a college of advanced education.

Education Act Amendment Act 1970, No. 9 157 A Council may be so constituted notwithstanding that, at the date of such constitution, the college has not been established. (2) A Council constituted as aforesaid shall be a body corporate under the name " Council of the (name of college) " and shall have perpetual succession and a common seal which shall be judicially noticed and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and of acquiring, holding, leasing and alienating (by exchange, grant, sale, purchase, demise or otherwise) property or any interest therein and of doing and suffering all such acts and things as bodies corporate may by law do and suffer. (3) Until the Governor in Council otherwise prescribes, a Council shall consist of- (i) a nominee of the Minister who shall, in his appointment, be designated and shall be chairman; (ii) the principal officer of the college, who shall be an ex officio member; (iii) a person nominated by the Director-General; (iv) not fewer than four nor more than twelve persons who are associated with or have an interest in the professions or industries for which students of the college are being prepared; (v) not fewer than two nor more than four staff members of the college elected by the teaching staff of the college in accordance with the by-laws; (vi) two enrolled students of the college elected by the student body of the college in accordance with the by-laws; (vii) not more than two persons nominated by the other members of the Council as soon as is practicable after such other members become members. (4) The members of a Council, determined in accordance with this Act, shall be appointed by the Governor in Council by notification published in the Gazette and shall, where it is not otherwise provided, be appointed on the recommendation of the Minister. (5) Notwithstanding the provisions of subsection (1) of section 56 of this Act, the term of office of a member of a Council who is nominated pursuant to paragraph (vii) of subsection (3) of this section shall, subject otherwise to this Act, expire on the same day as that on which the terms of office of the other members of the Council whose terms of office expire by efuxion of time so expire. (6) The members of a Council shall appoint from among their number a person to be deputy chairman of the Council and such person, subject to this Act, shall be deputy chairman for such period, not exceeding the term for which he is appointed as a member, as the Council determines. 51F. Functions and powers of Council . (1) Subject to this Act, the Council of a college of advanced education shall provide courses in advanced education suitable to the needs of the

158 Education Act Amendment Act 1970, No. 9 community. It shall be responsible for the development, control and management of the affairs and activities of the college and at all times shall act in such manner as appears best calculated to promote the purposes of the college. (2) Subject to this Act, the functions of a Council shall be- (a) to be responsible for the care and maintenance of any real or personal property under its control or management; (b) to co-operate with the Board of Advanced Education and, where applicable, the Board of Teacher Education to ensure that the college provides courses or programs of study to meet the needs of the region that the college serves and of the State, and to make awards and issue certificates in accordance with the by-laws; (c) to submit to the Board of Advanced Education at such times as may be required by that Board, estimates of financial needs for periods specified by that Board; (d) to approve expenditure within the funds allocated in the budget approved by the Board of Advanced Education; (e) to delegate to the principal officer of the college such of its powers as it considers necessary to enable the college to function efficiently; (f) to appoint such committees as it considers necessary to assist it to perform its functions; (g) to appoint staff as necessary in accordance with the by-laws; (h) subject to the approval of plans by the Board of Advanced Education, to undertake projects included in the approved program of capital expenditure for a triennium; (i) subject to the approval of the Governor in Council, to make by-laws in relation to the college in accordance with the provisions of section 62c of this Act; (j) to report on any matter referred to it by the Board of Advanced Education or the Board of Teacher Education; (k) to perform such other functions in relation to the college as may be required by the Board of Advanced Education. (3) A Council shall have and may exercise such powers and authorities as are incidental to the proper discharge by it of any of its functions under this Act, or as the Governor in Council from time to time prescribes by Order in Council.". 15. Repeal of and new heading to Part VIII. The Principal Act is amended by omitting the heading immediately preceding section 52 and inserting in its stead the following heading:- PART VIII-PROVISIONS RELATING TO THE BOARD OF JUNIOR SECONDARY SCHOOL STUDIES, THE BOARD OF SENIOR SECONDARY SCHOOL STUDIES, THE BOARD OF ADULT EDUCATION, THE BOARD OF ADVANCED EDUCATION, THE BOARD OF TEACHER EDUCATION AND THE COUNCILS OF COLLEGES OF ADVANCED EDUCATION "

Education Act Amendment Act 1970, No. 9 159 16. Amendment of s. 53 . Section 53 of the Principal Act is amended by- (a) omitting the definition " Board " and inserting in its stead the following definition:-- " " Board "-Board of Junior Secondary School Studies, Board of Senior Secondary School Studies, Board of Adult Education, Board of Advanced Education or Board of Teacher Education constituted under this Act; "; (b) omitting the definition " Council " and inserting in its stead the following definition:- " " Council "-Council of a college of advanced education.". 17. Repeal of and new s. 54. Section 54 of the Principal Act is repealed and the following section is inserted in its stead :- " 54. Time for constitution of Board or Council . (1) The Governor in Council shall, by notification published in the Gazette, appoint a date on or before which a Board or a Council which has not been constituted on the date of the coming into operation of the Education Act Amendment Act 1970 is to be first constituted under this Act. (2) A Board or a Council shall be constituted in the manner prescribed on or before the date so appointed by the Governor in Council pursuant to subsection (1) of this section. (3) Upon the appointment of the members of a Board or Council in the manner prescribed, the Board or Council shall be duly constituted on and from the date notification of the appointment is published in the Gazette until the date of publication of the notification of the next ensuing such appointment.". 18. Amendment of s. 55. Section 55 of the Principal Act is amended by- (a) adding to the headnote appearing in and at the beginning of the section the words " or elect "; (b), inserting after the word " Board " wherever it occurs the words " or Council "; (c) inserting after the word " nominate " wherever it occurs (except where it occurs after the words " the Minister may ") the words " or elect "; (d) inserting after the words " to have been nominated " the words " or, as the case requires, elected "; ( e) inserting after the words "should have nominated" the words " or elected ". 19. Amendment of s. 56 . Section 56 of the Principal Act is amended by- (a) omitting the word "the" where it occurs before the word " Council " in the first paragraph of subsection (1) and where it occurs before the words " Council or a Board " in the second paragraph of subsection (1) and inserting in its stead in each case the word " a "; (b) in subsection (1), inserting after the words " (other than an ex officio member " the words " and the chairman of the Board of Advanced Education "; (c) in subsection (2), omitting the word " the " where it occurs bweofrodre11 tah"e. words " Council or a Board " and inserting in its stead the

160 Education Act Amendment Act 1970, No. 9 20. Amendment of s. 57 . Section 57 of the Principal Act is amended by omitting before the words " Council " and " Board " where they first occur the word " the " and inserting in its stead in each case the word " a ". 21. Amendment of s. 58 . Section 58 of the Principal Act is amended by- (a) in subsection (1), omitting before the words " Council " and " Board " where they first occur the word " the " and inserting in its stead in each case the word " a "; (b) in subsection (2)- (i) inserting after the word " nominate " where it occurs the first time and the second time the words " or elect "; (ii) inserting after the word " nominated " where it first occurs the words " or, as the case requires, elected "; (iii) inserting after the word " nominated " where it occurs the second time the words " or elected ". 22. Amendment of s. 59 . Section 59 of the Principal Act is amended by- (a) omitting before the word " Council " where it first occurs the word " The " and inserting in its stead the word " A "; (b) omitting before the word " Board " where it first occurs the word " the " and inserting in its stead the word " a ". 23. Amendment of s. 60 . Section 60 of the Principal Act is amended by omitting before the words " Council " and " Board " where they first occur the word " the " and inserting in its stead in each case the word " a ". 24. Amendment of s. 61 . Section 61 of the Principal Act is amended by, in subsection (1), omitting the word " the " where it occurs before the words " Council or, as the case may be," and where it occurs before the words " Board required " and inserting in its stead in each case the word " a ". 25. Amendment of s. 62 . Section 62 of the Principal Act is amended by- (a) omitting the words " of a Council by virtue of paragraph (ii) of subsection (2) of section thirty-six of this Act or of paragraph (ii) of subsection (2) of section thirty- nine of this Act or "; (b) omitting " (4) " where it appears after the words " paragraph (i) of subsection " and inserting in its stead " (2) "; (c) omitting the words " Council or, as the case may be, a "; (d) omitting the words " Council or " where they twice appear. 26. New Part VIIIA. The Principal Act is amended by inserting after section 62 the following headings and sections:- PART VIIIA-GENERAL PROVISIONS RELATING TO ADVANCED EDUCATION Division I-Dealings with Land Vested in Board or Council 62A. Control of Crown land by Board or Council. Crown land granted in trust or reserved and set apart under the Land Act 1962-1968 for the purposes of the Board of Advanced

Education Act Amendment Act 1970, No. 9 161 Education or a college of advanced education may be vested in or, as the case may require, placed under the control of the Board or of the Council constituted for the college concerned. Subject to this Act, land so vested in or placed under the control of the Board or Council shall be held or disposed of under and subject to the provisions of the Land Act 1962-1968. 62B. Restriction on alienation , etc., of land . (1) The Board or a Council shall not be competent to alienate, encumber or grant to any person any interest in land vested in it or placed under its control or of which it is lessee for the purposes of this Act except- (a) with the approval of the Governor in Council first had and obtained; or (b) by way of lease which complies with the provisions of this section. (2) A lease granted by the Board or a Council in respect of such land- (a) shall be for a term not exceeding twenty years; (b) shall not contain any covenant, agreement or option for a renewal thereof or for purchase of the land leased; and (c) shall be for the highest annual rent which can reasonably be obtained therefor without taking a fine, premium or other consideration for the grant thereof.". 27. New heading and new s. 62C. The Principal Act is amended by inserting after section 62B as inserted by this Act the following heading and section:- " Division II-By-laws of Councils 62c. Council may make by-laws. (1) The Council of a college of advanced education may from time to time make by-laws not inconsistent with this Act or the regulations for or with respect to- (i) the management and conduct of the college and definition of the powers and duties of the persons employed in such college; (ii) the use and custody of the common seal; (iii) penalties not exceeding one hundred dollars for contravention of or failure to comply with Council by-laws and rules made thereunder and the recovery and enforcement of penalties; (iv) the discipline of employees of the college and punishment for breaches of discipline; (v) the discipline of students of the college and punishment for breaches of discipline including exclusion from attendance at the college; (vi) the election of the elected members of the Council; (vii) the conduct of meetings of the Council; (viii) the appointment of committees of the Council, and the quorum, powers and duties of any such committees; 6

162 Education Act Amendment Act 1970, No. 9 (ix) the manner of appointment, promotion and dismissal of employees of the Council; (x) the entrance standards for students of the college; (xi) the examinations for and conferring of awards; (xii) the establishment of residential colleges and halls of residence and their conduct, and the affiliation of residential colleges with the college; (xiii ) the affiliation with the college of an educational or research establishment; (xiv) the investment of funds belonging to or vested in the college; (xv) the payment of out-of-pocket expenses to members of the Council; (xvi) the granting of scholarships, bursaries and prizes; (xvii) the scale of fees to be charged by the college in connexion with enrolments in classes or courses or in connexion with examinations, the conferring of awards or other services; (xviii) the Union of the college, including the powers, authorities and obligations of the Union, and membership fees; (xix) such other matters as may from time to time be necessary or convenient for the carrying into effect of the several provisions, objects and purposes of this Act and generally for the control, management, good government and discipline of the college. (2) The Council may by by-law repeal, rescind, revoke, alter , vary, amend or otherwise modify any by-law or part of a by-law. (3) A by-law may authorize the Council to make rules for the carrying into effect of all or any of the provisions and objects of the by-laws. (4) All rules made pursuant to any by-law by the Council shall be of full force and effect on and from the day on which they are promulgated in accordance with the by-law under which they are made or on and from such later date as may be specified in the rule, and the production of a verified copy of any such rule under the common seal of the Council is sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially. (5) Where no other provision is made for the recovery or enforcement of a penalty imposed by or under the authority of a by-law, such penalty may be recovered or enforced by complaint in a summary way under The Justices Acts 1886 to 1968. (6) Every by-law made by the Council shall be sealed with the common seal of the Council and shall, if approved by the Board of Advanced Education, be submitted through the Board to the Minister. The Minister shall submit every by-law to the Governor in Council.

Education Act Amendment Act 1970, No. 9 163 The Governor in Council may in his discretion approve any by-law. A by-law has no effect unless and until approved by the Governor in Council. (7) (a) Every by-law shall- (i) be published in the Gazette; (ii) upon its publication in the Gazette, be judicially noticed; (iii) take effect on and from the date of its publication in the Gazette unless a later date is specified in relation to its commencement when, in such case, it shall take effect on and from that later date; (iv) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, but if not, then within fourteen sitting days after the commencement of the next session. (b) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after such by-law has been laid before it disallowing the by-law or part thereof, the by-law or part thereof shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further by-law.". 28. New heading and new s. 62D . The Principal Act is amended by inserting after section 62c as inserted by this Act the following heading and section:- ft Division III-Employees of the Board of Advanced Education, the Board of Teacher Education and Councils of Colleges of Advanced Education 628. Particular employees . (1) The Board of Advanced Education and the Board of Teacher Education shall each, as soon as practicable after being first constituted, and thereafter whenever there is a vacancy in the position, appoint a secretary to the Board upon such terms and conditions as the Board thinks fit. (2) (a) A Council of a college of advanced education shall, as soon as practicable after being first constituted, and thereafter whenever there is a vacancy in the position, appoint a registrar of the college. (b) A person who, immediately prior to the first constitution of a Council of a college of advanced education, was registrar of the college may continue in the position of registrar of the college as an employee of the Council. (c) In addition to his duties as registrar of a college, a registrar shall perform the duties of secretary to the Council. (3) The principal officer of a college of advanced education who holds office immediately prior to the first constitution of the Council of such college may continue in that position of principal officer for a period of two years after the date of such first constitution and is eligible for reappointment.

164 Education Act Amendment Act 1970, No. 9 (4) A secretary to a Board as aforesaid is an employee of that Board and a principal officer or registrar of a college as aforesaid is an employee of the Council of that college. (5) The appointment of the executive officer of the Board of Teacher Education shall be made by the Governor in Council on the recommendation of the Minister. The executive officer shall be appointed on and subject to such terms and conditions as to salary and otherwise as the Governor in Council thinks fit.". 29. New s. 62E. The Principal Act is amended by inserting after section 62D as inserted by this Act the following section:- " 62E. Employees of Board or Council generally. (1) Subject to this Act, the Board of Advanced Education and the Board of Teacher Education may appoint and employ such employees as they consider necessary for the proper performance of their respective functions under this Act and, in relation thereto, such employees shall, subject to any applicable award of any industrial court, commission, tribunal or authority, be appointed and employed on such terms and conditions as to salary and otherwise as the Board of Advanced Education or the Board of Teacher Education, as the case may be, thinks fit. (2) Subject to this Act, a Council of a college of advanced education may appoint and employ such employees (including teaching staff) either on a full-time or a part-time basis as the Council considers necessary for the proper performance of its functions under this Act and, in relation thereto, such employees shall, subject to any applicable award of any industrial court, commission, tribunal or authority, be appointed and employed on such terms and conditions as to salary and otherwise as are approved by the Governor in Council on the recommendation of the Minister. (3) Subject to the provisions of section 62D of this Act, every person who, immediately prior to the first constitution of a Council of a college of advanced education, held any employment at that college shall, if he so desires, become an employee of the Council of the college on such terms and conditions as to salary and otherwise, subject to any applicable award of any industrial court, commission, tribunal or authority, as are approved by the Governor in Council on the recommendation of the Minister, but, subject to this Act, not less favourable than those on which he held employment immediately prior to the first constitution as aforesaid. (4) Without limiting the generality of subsection (3) of this section- (a) annual, sick and long service leave shall continue to accrue to a person who, pursuant to that subsection, becomes an employee of a Council of a college of advanced education on the same basis as such leave accrued to him immediately before becoming such an employee until that basis is varied or altered by any applicable award or by the Governor in Council;

Education Act Amendment Act 1970, No. 9 165 (b) for the purpose of calculating the entitlement to long service leave of a person who, pursuant to that subsection, becomes an employee of a Council of a college of advanced education, any service of that person which was, immediately before he became such an employee, required to be taken into account for the purpose of determining his entitlement to that leave shall be deemed to be service with the Council: Provided that there shall be deducted from any long service leave to which that person becomes entitled as an employee of the Council any long service leave already taken by him in respect of any period of service referred to in this paragraph required to be so taken into account; (c) a person who, pursuant to that subsection, becomes an employee of a Council of a college of advanced education shall be entitled to receive as such employee any annual or sick leave accrued to him as at the date on which he became such an employee. (5) Nothing contained in subsection (3) or subsection (4) of this section shall be construed as entitling a person who, pursuant to subsection (3) of this section, becomes an employee of a Council of a college of advanced education to claim benefits under this Act as well as under any other Act or law or provision in respect of the same period of service. (6) Notwithstanding the provisions of section 62D of this Act or of this section, the Governor in Council on the recommendation of the Minister may, either generally or in a class of case or a particular case, determine the terms and conditions as to salary and otherwise to apply in respect of employees of the Board of Advanced Education and the Board of Teacher Education and the Board shall, in each case, be bound by and act in accordance with such determination. (7) The provisions of the Public Service Act1922-1968 shall not, subject to this Act, apply to employees of the Board of Advanced Education, the Board of Teacher Education or Councils of colleges of advanced education constituted under this Act.". 30. New s. 62F. The Principal Act is amended by inserting after section 62E as inserted by this Act the following section:- " 62F. Superannuation provisions . (1) A person who, pursuant to this Act, becomes an employee of a Council of a college of advanced education, having immediately prior to the constitution of the Council held employment at that college, shall retain any rights which, at the time he becomes an employee of the Council, have accrued or are accruing to him as an officer within the meaning of the PublicServiceSuperannuation Act1958-1969, and shall continue to contribute to the Public Service Superannuation Fund and shall be entitled to receive any payment or other benefit as if he had continued to be an officer within the meaning of the said Act. (2) In respect of a person liable to make contributions to the Public Service Superannuation Fund as referred to in subsection (1) of this section, the Council of the college of advanced education of which he becomes an employee pursuant to this Act shall pay

166 Education Act Amendment Act 1970, No. 9 to the Public Service Superannuation Fund such contributions and payments as would have been payable by the Crown within the meaning of the Public Service Superannuation Act1958-1969 if such person had remained an officer within the meaning of the said Act and had been paid salary or wages at the rate paid to him by that Council. (3) A person, other than a person to whom subsection (1) of this section refers, who is employed in a permanent capacity by the Board of Advanced Education, the Board of Teacher Education or a Council of a college of advanced education pursuant to this Act shall, for the purposes of the provisions of the PublicServiceSuperannuationAct1958-1969 being made applicable to him and unless the Governor in Council otherwise determines, be deemed to be an officer within the meaning of that Act and such person shall contribute to the Public Service Superannuation Fund and shall be entitled to receive any payment or other benefit as an officer within the meaning of that Act. The Board or the Council by which he is employed shall pay to the Public Service Superannuation Fund such contributions and payments as would be payable by the Crown within the meaning of the said Act if he were such an officer, paid salary or wages at the rate paid to him by the Board or Council.". 31. New heading and new ss. 62G and 62H . The Principal Act is amended by inserting after section 62F as inserted by this Act the following heading and sections:- " Division IV-Registration of Teachers 62G. Registration of teachers . (1) The Board of Teacher Education shall keep a Register of Teachers which shall be divided into parts each of which shall relate to a prescribed class of teachers, and the particulars referred to in paragraphs (a), (b), (c) and (d) of subsection (2) of this section in respect of a person shall be entered in the part of the Register that is appropriate to the qualifications and experience, if any, referred to in paragraph (b) of section 62H of this Act, that are required to entitle him to be registered in that part. (2) A person shall be registered as a teacher by the entering in a part of the Register of- (a) his full name and address; (b) the date on which he is registered; (c) particulars of the qualifications and experience, if any, in respect of which he is registered; and (d) such other particulars, if any, as may be prescribed. (3) The Register shall be open for inspection by any person at the office of the Board of Teacher Education at all reasonable times upon payment of the prescribed fee. 62H. Qualifications for registration . A person is, upon application therefor and payment of the prescribed fee, if any, entitled to registration in a part of the Register if he satisfies the Board that- (a) he is of good character; and (b) he possesses the qualifications and experience, if any, prescribed for persons applying to be registered in that part of the Register.".

Education Act Amendment Act 1970, No. 9 167 32. New s. 621. The Principal Act is amended by inserting after section 62H as inserted by this Act the following section:- " 621. Removal of name from Register . (1) The Board shall cause to be removed from the Register the name of any registered teacher if- (a) he does not apply for the retention of his name in the Register at such intervals, within such times and in such manner as may be prescribed; (b) he has died; (c) he has ceased to possess or does not possess the qualifications and experience, if any, in respect of which he was registered as a teacher; (d) he is a patient within the meaning of The Mental Health Acts 1962 to 1964 or is otherwise incapable in law of managing his own affairs. (2) Where- (a) a registered teacher has been convicted in Queensland of a crime or misdemeanour, or elsewhere of an offence which, if committed in Queensland, would have been a crime or misdemeanour; or (b) the Board after inquiry is satisfied that a registered teacher- (i) has been guilty of habitual drunkenness or of addiction to any deleterious drug; or (ii) has been guilty of misconduct which renders him unfit in the public interest to engage in teaching, the Board may reprimand or caution the registered teacher or may remove his name from the Register or suspend his registration for such period as the Board thinks fit. (3) Where a registered teacher has been convicted as mentioned in paragraph (a) of subsection (2) of this section, the Board may direct that his name shall not he removed from the Register or his registration suspended by reason of the conviction if the offence of which he has been convicted does not, either from its trivial nature or from the circumstances in which it was committed, render the registered teacher unfit in the public interest to engage in teaching. (4) At an inquiry for the purposes of paragraph (b) of subsection (2) of this section, the person charged shall be afforded an opportunity of defence either in person or by legal representation. (5) Where the registration of a registered teacher is suspended under the provisions of this section there shall be entered in the Register a memorandum of that fact and of the date and cause of the suspension. (6) A person whose name has been removed from the Register or whose registration as a teacher has been suspended under the provisions of this section shall be deemed not to be a registered teacher until his name is restored to the Register or the period of his suspension has expired, as the case may be.".

168 Education Act Amendment Act 1970, No. 9 33. New ss. 621 and 62K . The Principal Act is amended by inserting after section 621 as inserted by this Act the following sections:- " 621. Right of appeal . (1) Any person who feels aggrieved by any refusal of the Board to register him as a teacher or by any decision of the Board under section 621 of this Act, made on any of the grounds referred to in paragraph (c) of subsection (1), or in subsection (2), of that section, may appeal against the refusal or decision to a Judge of the District Court who shall have jurisdiction to hear and determine any appeal under this section. (2) Every such appeal shall be by way of rehearing and the decision of a Judge of the District Court upon such an appeal shall be final and binding on the Board and all persons concerned. (3) A Judge of the District Court, in exercising jurisdiction pursuant to this section, may exercise any of the powers of the Board under section 621 of this Act and make such order as he thinks fit, including any order as to costs. (4) A person who desires to appeal against a refusal or decision of the Board shall, within twenty-eight days after being notified of such refusal or, as the case may be, decision, file in the Registry of the District Court a notice of appeal setting out the grounds of appeal, and serve on the secretary to the Board a copy of such notice. (5) Upon being served with a copy of the notice of appeal pursuant to subsection (4) of this section, the secretary shall forthwith forward to the District Court Registry a copy of any resolution or direction or other writing of or in the possession of the Board relevant to the matter of appeal. (6) All such rules of court as may be deemed necessary or desirable or convenient for regulating the procedure and practice of the District Court for the purpose of giving full effect to this section may be made and the provisions of the DistrictCourtAct1967-1969 shall apply and extend in respect of such rules of court. Until such rules of court are made, or in so far as such rules of court do not extend, the Judge hearing any appeal under this section may, in the particular case, give such directions as he may deem fit, and the directions shall, according to their tenor, have the force and effect of rules of court made for the purposes thereof. 62K. Restoration of name to Register . (1) Where the name of any person is removed from the Register in accordance with section 62t or section 621 of this Act, that person shall not again be registered as a teacher, except by direction of the Board or by order of a Judge of the District Court. (2) The Board may, if it thinks fit in any particular case, direct that the name of any person removed from the Register be restored thereto and the name shall be restored accordingly.".

Education Act Amendment Act 1970, No. 9 169 34. New s . 62L. The Principal Act is amended by inserting after section 62K as inserted by this Act the following section:- " 62L. By-laws . (1) The Board may from time to time make by-laws net inconsistent with this Act or the regulations for or with respect to- (i) the registration of persons as teachers; (ii) the fees to he paid by a person applying to the Board to be registered as a teacher, for the retention of his name in the Register or for the restoration of his name to the Register; (iii) such matters as by this Act are required or permitted to be prescribed or as are necessary or convenient for the carrying into effect of the several provisions, objects and purposes of this Act. (2) The Board may by by-law repeal, rescind, revoke, alter, vary, amend or otherwise modify any by-law or part of a by-law. (3) A by-law may authorize the Board to make rules for the carrying into effect of all or any of the provisions and objects of the by-laws. (4) All rules made pursuant to any by-law by the Board shall be of full force and effect on and from the day on which they are promulgated in accordance with the by-law under which they are made or on and from such later date as may be specified in the rule, and the production of a copy of any such rule verified by the Board is sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially. (5) Every by-law made by the Board shall be submitted to the Minister and by him to the Governor in Council. The Governor in Council may in his discretion approve any by-law. A by-law has no effect unless and until approved by the Governor in Council. (6) (a) Every by-law shall- (i) be published in the Gazette; (ii) upon its publication in the Gazette, be judicially noticed ; (iii) take effect on and from the date of its publication in the Gazette unless a later date is specified in relation to its commencement when, in such case, it shall take effect on and from that later date; (iv) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, but if not, then within fourteen sitting days after the commencement of the next session. (b) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after such by-law has been laid before it disallowing the by-law or part thereof, the by-law or part thereof shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further by-law.".

170 Education Act Amendment Act 1970, No. 9 35. New headings and new s. 62M. The Principal Act is amended by inserting after section 62L as inserted by this Act the following headings and section:- " Division V-Financial Provisions Accounts and Budget of the Board of Advanced Education, the Board of Teacher Education and Councils of Colleges of Advanced Education 62M. Funds of Board or Council . (1) The Board of Teacher Education shall keep a bank account for a general fund. (2) The Board of Advanced Education and a Council of a college of advanced education shall keep separate bank accounts for the following funds:- (a) a trust fund; (b) a general fund; (c) a capital projects fund; (d) any other fund approved by the Board of Advanced Education to be kept by a Council. (3) There shall be paid into the trust fund of the Board of Advanced Education or a Council all moneys paid to the Board or Council and to be applied by the Board or Council for any specified purpose within the purview of this Act. The Board or Council shall apply the moneys from time to time standing to the credit of the trust fund to the uses or purposes for which it was paid to the Board or Council. (4) There shall be paid into the general fund of the Board of Advanced Education, the Board of Teacher Education or a Council all moneys appropriated by Parliament in each year out of the consolidated revenue of the State for the purpose and paid to the Board or Council and all other moneys paid to the Board or Council other than moneys referred to in subsections (3) and (5) of this section and other than moneys prescribed to be paid to any other approved fund kept by the Board or Council. The Board or Council shall pay from the moneys from time to time standing to the credit of the general fund liabilities incurred by it in or in connexion with the conduct of the activities for which it is constituted. (5) There shall be paid into the capital projects fund all moneys received by the Board of Advanced Education or a Council from the State, by way of capital grants, and all moneys raised by loan in accordance with section 62u or section 62v of this Act. The Board or Council shall apply the moneys from time to time standing to the credit of the capital projects fund to expenditure necessarily incurred in carrying out the works or purpose for which the capital grants were received or the loans were respectively authorized.

Education Act Amendment Act 1970, No. 9 171 No expenditure shall be incurred on any works or purpose to be financed from the capital projects fund until plans, specifications, estimates of cost and tenders for such works or purpose have been approved in accordance with the provisions of sections 51B (1) (e) or 51F (2) (h) of this Act as the case requires.". 36. New ss. 62N, 62P and 62Q. The Principal Act is amended by inserting after section 62M as inserted by this Act the following sections:- " 62N. Books of account of Board or Council . (1) The Board of Advanced Education, the Board of Teacher Education or a Council shall accurately keep such books of account and records of its receipts and disbursements as the Auditor-General from time to time requires and the secretary to the Board or Council shall submit to each ordinary meeting of the Board or Council a statement of receipts and disbursements in relation to the budget for all funds of the Board or Council for the period since the last preceding such meeting. (2) As soon as practicable after the close of each financial year, the Board or Council shall lodge with the Minister a statement of receipts and disbursements for the year in respect of each fund kept by it, a statement of income and expenditure for the year and a balance sheet of its affairs as at the close of that year. In the statement of receipts and disbursements the amounts provided for in the budget shall be shown side by side with the actual amounts received and disbursed. Two copies of all financial statements shall be retained by the Board or Council and shall be made available for audit purposes. (3) The Auditor-General or a person authorized by him in that behalf shall audit the accounts of the Board or Council and with respect to such audit and accounts shall have all the powers and authorities conferred upon the Auditor-General by the Audit Act 1874-1968. The Auditor-General shall report thereon and shall furnish a copy of such report to the Minister. 62P. Budget of Board or Council . (1) Before the thirty-first day of May in each year the Board of Teacher Education and the Board of Advanced Education shall adopt and a Council shall adopt and lodge with the Board of Advanced Education a budget in respect of each fund maintained wherein the Board or the Council as the case may be shall estimate as accurately as possible:- (a) the amount to be disbursed by the Board or Council from that fund during the year ending on the thirtieth day of June in the year next following in the proper exercise by the Board or Council of its functions and powers under this Act and in giving effect to the provisions of this Act;

172 Education Act Amendment Act 1970, No. 9 (b) the amount to be received by the Board or Council during the year ending on the thirtieth day of June in the year next following from all sources. (2) A budget of the Board of Teacher Education shall be of no force or effect until it is approved by the said Board and, on approval , the budget shall be binding upon the Board. ( 3) A budget of the Board of Advanced Education and of a Council shall be of no force or effect until it is approved by the Board of Advanced Education , and the Board of Advanced Education may return the budget of the Council for amendment in such a way as it thinks reasonable . The Council shall amend the budget where necessary and in any particular so that the budget shall as nearly as possible balance for the financial year, having regard to the sums the Minister has advised will be provided as Parliamentary appropriations to the Board or Council and of any other revenues reasonably expected for the financial year. Any ordinary disbursement of the Board or Council in the months of July and August in any year is authorized and shall be included in the budget for that year. When the Board of Advanced Education has approved a budget of the Board or Council , such budget as approved , whether or not it has been amended pursuant to this subsection, shall be binding upon the Board or Council. (4) If the general fund of the Board of Advanced Education, the Board of Teacher Education or a Council contains a surplus or shows a deficit at the end of a financial year , the Board or Council shall take such surplus or deficit into account in the preparation of its budget for the next succeeding financial year, a surplus to be shown as a receipt of revenue for that succeeding financial year and a deficit to be shown as a disbursement for that succeeding financial year. 62Q. Observance of budget . (1) Subject to the provisions of this section, the Board of Advanced Education, the Board of Teacher Education or a Council shall confine its disbursements from its general fund throughout a financial year within the items and the amounts contained in its budget for that financial year as approved under the provisions of section 62P of this Act. (2) If, during any financial year, it appears to the Board or Council that an extraordinary circumstance has arisen which requires that the Board or Council make a disbursement from its general fund in that financial year that was not provided for in

Education Act Amendment Act 1970, No. 9 173 the budget (as approved) for that financial year or that exceeds the amount estimated in respect of that disbursement in the budget (as approved) for that financial year, the Board or Council shall, before making such disbursement or excess disbursement- (a) by resolution approve that such disbursement or excess disbursement be made; and (b) obtain approval of the relevant Board for an amendment to the budget so that the budget as amended and approved will not then be exceeded in particular or in total by the disbursement.". 37. New ss. 62R , 62s, 62T and 62U. The Principal Act is amended by inserting after section 62Q as inserted by this Act the following sections :- " 62R. Bequests and gifts . The Board of Advanced Education or a Council of a college of advanced education constituted under this Act may accept any gift, grant, bequest or devise made to it for the general use of the Board or Council or for any other purpose set out in the terms thereof. Any gift, grant, bequest or devise so received shall be placed to the credit of the Trust Fund established by the Board or Council for that purpose. 625. Investments . Any surplus moneys held by the Board of Advanced Education, the Board of Teacher Education or a Council in its general fund or trust fund or any money held upon trust by the Board or Council may be invested from time to time in any authorized trustee investment or with any authorized and approved dealer in the short term money market. The provisions of this section shall not apply where the conditions placed upon any gift, grant, bequest or devise direct to the contrary. 62T. Fees. All fees received by the Board of Teacher Education or a Council under this Act shall be paid into the general fund and applied solely for the purposes of the Board or Council concerned. 62u. Temporary finance. (1) For the purpose of providing temporary financial accommodation to enable the Board of Advanced Education, the Board of Teacher Education or a Council to exercise and perform its functions, the Board or Council may and is hereby authorized, with the prior approval of the Governor in Council, to obtain from time to time advances- - (a) by way of loan from the Treasurer; (b) by way of loan or overdraft from any bank; or (c) by way of loan from any other person, upon, at and subject to such security, rate of interest and other terms and conditions as the Board or Council, subject to the approval of the Governor in Council, thinks fit.

174 Education Act Amendment Act 1970, No. 9 (2) Before entering into negotiations with respect to the obtaining of any advance by way of loan or overdraft from any bank or other person, the Board or Council shall obtain the sanction of the Treasurer authorizing it to enter into such negotiations and for the purpose of obtaining that sanction the Board or Council shall submit to the Treasurer such information as the Treasurer may require.". 38. New heading and new ss. 62v, 62W, 62X and 62Y. The Principal Act is amended by inserting after section 62u as inserted by this Act the following heading and sections:- Borrowings by the Board of Advanced Education or a Council of a College of Advanced Education 62V. Power to borrow . (1) Subject to this Act, the Board of Advanced Education or a Council of a college of advanced education may, from time to time, borrow money- (a) from the Treasurer; (b) by the sale of debentures; or (c) partly in one and partly in the other of the ways specified in this subsection. (2) Before entering into negotiations to borrow money by the sale of debentures, the Board or Council shall obtain the sanction of the Treasurer authorizing it to enter upon such negotiations and, for this purpose, shall furnish the Treasurer with such information as he requires. (3) The Board or Council shall not borrow money pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council thereto is first obtained. Such authority, if given, shall be given by way of Order in Council. ,The Order in Council shall declare the amount that may be borrowed, the purposes for which the loan is to be borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions for the redemption of the loan, whether by yearly, half-yearly or quarterly payments or by payments into a sinking fund and such other conditions as the Governor in Council thinks proper to impose. (4) The Board or Council shall be a local body under and within the meaning of The Local Bodies' Loans Guarantee Acts 1923 to 1957, the provisions whereof shall, subject to such modifications as the Governor in Council prescribes, (whether generally or in respect of a particular loan or advance), apply and extend accordingly. 62W. Procedure by Board or Council . Before proceeding to borrow money, the Board or Council shall- (i) pass a resolution authorizing it to borrow money at a special meeting called for that purpose; (ii) cause to be prepared- (a) plans and specifications of the work or undertaking; (b) an estimate of the cost thereof; (c) a statement showing the proposed expenditure of the money to be borrowed.

Education Act Amendment Act 1970, No. 9 175 62X. Application of loan moneys . All moneys borrowed by the Board or Council shall be expended for the purpose for which the Board or Council was authorized to borrow the same and not otherwise. If any amount of a loan remains unexpended upon the completion of the purpose for which such loan was borrowed, such amount shall be applied as the Treasurer directs. 62Y. Treasury loans. (1) Every loan advanced by the Treasurer under the provisions of this Act shall be liquidated by the payment to the Treasury by the Board or Council on the first days of January and July, respectively, in every year of such instalments of principal and interest at the prescribed rate as will permit the said loan to be wholly redeemed within the prescribed period of the said loan, and such sums shall continue to be payable until all the moneys advanced from time to time by the Treasurer, together with the interest accruing thereon, have been so paid. (2) The Treasurer may at - any time make any adjustment which he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter requiring adjustment.". 39. New s. 62Z. The Principal Act is amended by inserting after section 62Y as inserted by this Act the following section:- " 62z. Debentures . (1) All debentures issued under the authority of this Act- (a) shall, subject to this Act, be issued in such series, at such times and places in or outside the State, and in such manner as the Board of Advanced Education or a Council of a college of advanced education thinks fit; (b) shall, with interest thereon, be a charge upon the revenues of the Board or Council subject to any prior debentures issued according to law; (c) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside the State as prescribed in the Order in Council referred to in subsection (3) of section 62v of this Act; (d) may, with the consent of the holder thereof, be paid off at any time previous to the due date thereof at not more than the amount of the principal remaining unpaid at the time in respect thereof or, with the consent of the Governor in Council, at a premium, with interest thereon to the date of payment only. (2) Interest secured by any such debentures shall be payable at such times and at such place or places in or outside the State as prescribed in the Order in Council referred to in subsection (3) of section 62v of this Act.

176 Education Act Amendment Act 1970, No. 9 (3) (a) Every debenture issued under the authority of this Act- (i) shall be sealed with the seal of the Board or Council and signed by the chairman and, if there be a secretary to such Board or Council, by such secretary and, when so sealed and signed, shall be taken to have been duly issued; (ii) shall be numbered consecutively so that no two debentures in one and the same series shall at any time bear the same number; (iii) shall have set forth therein the places and times at which the principal and interest are payable. (b) A debenture issued under the authority of this Act may, at the option of the lender, have annexed thereto for every payment to grow due thereon (whether of principal or interest or principal and interest) a coupon and such debenture and coupon shall, unless the Governor in Council has otherwise prescribed in the Order in Council whereby the loan concerned was authorized, be transferable by delivery, and payment to any person in possession of such debenture or coupon of the sum named therein shall discharge the Board or Council concerned from all liability in respect of that debenture or coupon. When a debenture or coupon is not transferable by delivery, that fact shall be expressly stated on the face thereof. (c) In the case of a debenture issued under the authority of this Act with coupons, the holder of such a coupon, whether the same be separate from such debenture or not, shall be entitled to receive payment from the Board or Council of the sum named therein upon presentation on or after the due date for payment thereof at the place where the same is expressed to be made payable. (d) In the case of a debenture issued under the authority of this Act without coupons, the lender or, in the event of a transfer of such debenture, the transferee for the time being, shall, subject to this paragraph, be entitled to receive payments from the Board or Council in respect of principal or interest or both in accordance with the terms and conditions of such debenture. A transferee with respect to whom the Board or Council has not been given notice as prescribed shall not be entitled to receive, and the Board or Council shall not be liable to make to such a transferee, any payment in respect of any debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Board or Council to the lender or a prior transferee. The entitlement of a transferee with respect to whom the Board or Council has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Board or Council was given such notice, was made by it to the lender or a prior transferee.

Education Act Amendment Act 1970, No. 9 177 In this paragraph (d) the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Board or Council. (e) A lender of money to the Board or Council may agree to accept a standard form of debenture but shall not be bound so to do.". 40. New s. 62AA. The Principal Act is amended by inserting after section 62z as inserted by this Act the following section:- " 62AA. Illegal borrowing . (1) A person who lends money to the Board of Advanced Education, the Board of Teacher Education or a Council otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Board or Council in respect of that loan. (2) If the Board or Council borrows any money which it is not lawfully authorized under this Act or some other Act to borrow, all the members of the Board or Council who have consented to the borrowing of such money shall be jointly and severally liable to repay the same and to pay all interest thereon to the person from whom the same was borrowed, and the same may be recovered from such members or any of them as money lent by such person to such members or, as the case may be, member by action at the suit of the Minister in any court of competent jurisdiction. (3) If any moneys are appropriated from any fund for the purpose of repaying any money so borrowed or paying interest thereon, the members of the Board or Council who have consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of eight dollars per centum per annum, and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Treasurer who, on recovery of the same, shall pay the amount recovered into the fund concerned, but shall be entitled to full costs of suit, including costs as between solicitor and client.". 41. New heading and new s. 62AB. The Principal Act is amended by inserting after section 62AA as inserted by this Act the following heading and section:- " Division VI-The Union 62AB. The Union. (1) For each college of advanced education there shall be a Union. (2) As from such date as the Governor in Council may appoint in that behalf and notify by Proclamation published in the Gazette, a Union shall be a body corporate under the name " (name of college) Union " and by that name shall have perpetual succession and a common seal and be capable of suing and being sued. (3) A Union shall have such other powers and authorities and be subject to such obligations as shall have been or shall from time to time be prescribed by or under the by-laws or rules.

178 Education Act Amendment Act 1970, No. 9 (4) Except in the case of emergency (of which the Council of a college shall be sole judge) the Council shall submit to the Union a draft of any proposed by-law or rule affecting the powers, authorities or obligations of the Union and shall consider any representations the Union may make thereon.". 42. New ss. 62AC and 62AD . The Principal Act is amended by inserting after section 62AB as inserted by this Act the following sections :- " 62AC. Constitution of Union . The constitution of a Union and all amendments thereto or alterations or modifications thereof shall be submitted to the Council of the college concerned, and shall have no force or effect unless and until approved by the Council. 62AD. Composition and recognition of Union . (1) All students of a college shall be members of the Union for that college and such other persons as shall be defined for the purpose by the constitution of the Union shall be eligible for membership. (2) The Union shall be an organized association of such students and other members for the furthering of the objects of the Union as defined by its constitution. (3) Nothing in this Division of this Part shall be construed in such a manner that a Union shall be, or shall be regarded as being, for any purpose the servant or agent of the college for which it is the Union or of the Council of that college." 43. New s. 62AE. The Principal Act is amended by inserting after section 62AD as inserted by this Act the following section:- " 62AE. Transitional provisions as to Unions. (1) Where at the date of the first constitution of a Council of a college of advanced education there is in existence in respect of that college a Union having in force a constitution, the provisions of that constitution in force immediately prior to the first constitution of the Council with respect to membership and meetings, including the holding, notification and conduct of meetings, with all necessary adaptations and with such modifications as the Council of the college may deem expedient shall, for the purpose of facilitating and enabling the preparation and adoption of a constitution by the Union as brought into existence pursuant to this Act, be applicable to the Union and until a constitution is first adopted after the first constitution of the Council of the college, membership of the Union shall be, and meetings shall be held, called and conducted, in accordance with those provisions so adapted and modified. (2) In so far as the provisions referred to in subsection (1) of this section do not extend, the Council of the college may give such directions not inconsistent with this Act as it deems expedient for the purpose of facilitating and enabling the preparation and adoption of a constitution by the Union, and all things done and steps taken by or in relation to the Union in accordance with such directions shall be of full force and effect and binding on the Union and all persons.".

Education Act Amendment Act 1970, No. 9 179 44. Amendment of s. 63 and heading . Section 63 of the Principal Act and the heading " Part IX-Scholarships and Allowances to Secondary School Students " are amended by omitting the word " secondary " wherever it occurs. 45. Amendment of s. 64 . Section 64 of the Principal Act is amended by adding the following subsection:- " (3) The provions of subsections (1) and (2) of this section do not apply in a case in respect of which a Council is constituted pursuant to section 51E of this Act.".