Education (Amendment) Act 1977 (ACT)

No. 63 of 1977

AN ORDINANCE

To amend the Education Ordinance 1937

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 (Administra­ tion) Act 1910.

Dated this ninth day of December 1977.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

J. L. CARRICK

Minister of State for Education

EDUCATION (AMENDMENT) ORDINANCE 1977

1 . This Ordinance may be cited as the Education (Amendment)

Ordinance 1977.*

2 . In this Ordinance, " Principal Ordinance " means the Education

Ordinance 1937.f

3 . Section 5 of the Principal Ordinance is amended by inserting

before the definition of " authorized person " the following definition:

" ' appropriate government school' means—

(a) in relation to a child who has completed his high school

No. 11, 1958: N o . 21, 1959: No . 4, 1964; Nos. 3 and 19, 1966; No . 28, 1971; and No . 13, 1976.

(b) by omitting paragraph (d) and substituting the following paragraph:

education—a secondary college conducted on behalf of the

Commonwealth;

(b)	in relation to a child who has completed his primary education but has not completed his high school education — a high school conducted on behalf of the Common­ wealth; and
(c)	in relation to any other child—a primary school con­ ducted on behalf of the Commonwealth;".

4 . Section 10 of the Principal Ordinance is amended—

(a) by omitting "It shall be" and substituting "Subject to sub-section (2 ) , it shall be ";

* Notified in the Commonwealth of Australia Ga-ette on 14 D e c e m b e r 1977.

t Ordinance No . 25, 1937 as amended by No. 23, 1938; No. 6. 1942; No. 12, 1947; No. 5, 1952; No . 11, 1956:

" (d) there was not an appropriate government school

situated—

(i)   where the child was under 12 years of age—within 3 kilometres; or

(ii)   where the child was 12 years of age or over—within 5 kilometres,

of the place of residence of the child by the

nearest practicable route."; and

(c)	by inserting at the end thereof the following sub­ section:
" ( 2 ) The defence referred to in paragraph ( l ) (d) is not available where, at the date of the alleged offence—

(a)	the child could have travelled to an appropriate government school by means of a motor omnibus without the need to travel in more than one such omnibus; and
(b)	the aggregate of the distance from the nearest picking-up place of that motor omnibus to the place of residence of the child and the distance from the nearest stopping-place of that motor omnibus to the appropriate government school did not exceed—

(i)   where the child was under 12 years of age—3 kilometres; or

(ii)   where the child was 12 years of age or over—5 kilometres.".

5 . Section 34 of the Principal Ordinance is repealed.