Education (Board of Advanced Education Dissolution) Act 1989 (Qld)

1180 EDUCATION (BOARD OF A DVANCED DISSO LUT ION) A CT No. 89 of 1989 ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Interpretation PART I-PRELIMINARY PART II-DISSOLUTION OF THE BOARD OF ADVANCED EDUCATION 4. Board of Advanced Education to be dissolved 5. Construction of references 6. Provisions relating to the Board of Advanced Education 7. Compliance with accounts and audit requirements 8. Compliance with annual reporting requirements 9. Savings 10. Employment of staff of the Board of Advanced Education 11. Superannuation entitlements PART III-ADVANCED EDUCATION 12. Interpretation 13. Functions and powers of the Minister PART IV-GENERAL PROVISIONS 14. Power of delegation by the Minister 15. Annual Report 16. Regulations 17. Governor in Council may prescribe 18. Tabling of certain subordinate legislation

1181 PART V-AMENDMENT OF EDUCATION'ACT 1964-1989 19. Citation 20. Amendment of s. 2. Parts and Divisions 21. Amendment of s. 4. Interpretation 22. Repeal of Division heading and ss. 51 A and 51B 23. Amendment of s. 51 F. Functions and powers of Council 24. Amendment of heading of Part VIII 25. Repeal of and new s. 53. Definition of terms 26. Amendment of s. 54. Time for constitution of Board or Council 27. Amendment of s. 55. Failure to nominate or elect 28. Amendment of s. 56. Term of appointment 29. Amendment of s. 57. Vacation of office of members of Council or Board 30. Amendment of s. 58. Casual appointments to Council and Board 31. Amendment of s. 59. Manner of exercising power of Council or Board 32. Amendment of s. 60. Validity of proceedings 33. Amendment of s. 61. Quorum and business of Council and Board 34. Amendment of Division heading 35. Amendment of s. 62A. Control of Crown land by Board or Council 36. Amendment of s. 62B. Restriction on alienation, etc., of land 37. New s. 62BA 38. Amendment of s. 62c. Council may make by-laws 39. Amendment of Division heading 40. Amendment of s. 62D. Particular employees 41. Amendment of s. 62E. Employees of Board or Council generally 42. Amendment of s. 62F. Superannuation provisions 43. Amendment of Division heading 44. Amendment of s. 62M. Funds of Board or Council 45. Repeal of and new s. 62N. Accounts and Audit 46. Repeal of and new s. 62n. Budget of Board or Council 47. Amendment of s. 62Q. Observance of budget 48. Amendment of s. 62R. Bequests and gifts 49. Amendment of s. 62s. Investments 50. Amendment of s. 62u. Temporary finance 51. Amendment of heading 52. Amendment of s. 62v. Power to borrow 53. Amendment of s. 62w 54. Amendment of s. 62x. Application of loan moneys 55. Amendment of s. 62v. Treasury loans 56. Amendment of s. 62z. Debentures 57. Amendment of s. 62AA. Illegal borrowing PART VI-AMENDMENT OF THE JAMES COOK UNIVERSITY OF NORTH QUEENSLAND AND TOWNSVILLE COLLEGE OF ADVANCED EDUCATION AMALGAMATION ACT 1981-1989 58. Citation 59. Amendment of s. 14. Council of University to confer 60. Amendment of s. 15. Disputes

1182 A NN O TRICESIMO OCTAVO ELI JAL E JNl A . LEGID TA An Act to provide for the dissolution of the Board of Advanced Education and the continuation for the time being of advanced education provided by colleges of advanced education to amend the Education Act 1964- 1989 and the James Cook University of NorthQueensland and Townsville College of AdvancedEducation Amalgamation Act 1981-1989 each in certain particulars and for related purposes [ASSENTED TO 10TH O CTOBER, 1989]

Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 1183 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Education (Board of Advanced Education Dissolution) Act 1989. 2. Commencement . (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on 1 January 1990 or on the day this Act is assented to for and on behalf of Her Majesty, whichever of those days is the later. 3. Interpretation . In this Act, unless the contrary intention appears- "Corporation" means the corporation sole by the name of "The Minister for Education of Queensland" preserved, continued in existence and constituted under the Education (GeneralProvisions) Act 1989; "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister. PART II-DISSOLUTION OF THE BOARD OF ADVANCED EDUCATION 4. Board of Advanced Education to be dissolved . ( 1) In this Part, "Board of Advanced Education " means the Board of Advanced Education formerly constituted under the provisions of the Education Act 1964- 1989 and subsisting immediately prior to the commencement of this section. (2) On the commencement of this section, the chairman and each other member of the Board of Advanced Education holding office as such immediately prior to that commencement shall thereupon go out of office as such members and that Board shall thereupon be dissolved. 5. Construction of references . Unless the context otherwise indicates or requires, a reference in any other Act, by-law, regulation or other statutory instrument to the Board of Advanced Education shall be read as a reference to the Minister exercising his functions in connexion with advanced education under this Act. 6. Provisions relating to the Board of Advanced Education. (1) Where, after the commencement of this section, property would have passed by any testamentary disposition or otherwise to or for the benefit of the Board of Advanced Education if it were still in existence, that property shall pass to or for the benefit of the Corporation, and shall vest in the Corporation, but without prejudice to any lawful claim of any person in relation to that property and the Minister may create

1184 Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 and administer any trust in connexion therewith or for any other purpose whatsoever. (2) All property which immediately prior to the commencement of this section is held by or vested in the Board of Advanced Education shall, on that commencement , be divested from that Board and shall vest in the Corporation. The Registrar of Titles, the Registrar of Dealings and all other persons charged with keeping registers with respect to dealings with property to be held in the name of the Corporation shall, upon request made by or on behalf of the Corporation, make in the registers all recordings necessary to record the change in the ownership of the property pursuant to this section. Notwithstanding any enactment of the contrary , a request made for the purposes of this subsection shall not be liable to stamp duty and no fees or charges shall be payable in respect thereof. (3) If any property vested in the Corporation by subsection (2) is or shall be subject to any condition or trust, that property shall be held by or for the benefit of the Corporation subject to the conditions or trusts on which it was held immediately before that vesting. Any reference in any such conditions or trusts to the Board of Advanced Education shall, on and from the commencement of this section, be read and construed as a reference to the Corporation. (4) All rights accruing or accrued to the Board of Advanced Education in respect of any property vested in the Corporation pursuant to subsection (2) are hereby vested in and may be enforced by the Corporation. (5) All liabilities of the Board of Advanced Education in respect of any property vested in the Corporation pursuant to subsection (2) may be enforced against the Corporation. (6) All suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of this section by or against the Board of Advanced Education may be carried on and prosecuted by or against the Corporation and no such suit, action or proceeding shall abate or be prejudicially affected by this Act. (7) All leases , contracts , agreements and undertakings entered into with and all securities lawfully given to or by the Board of Advanced Education existing at the commencement of this section shall be deemed to be leases , contracts , agreements and undertakings entered into with and securities given to or by the Corporation and may be enforced by or against the Corporation accordingly. (8) All other matters commenced by the Board of Advanced Education pursuant to the performance of its functions and which remain incomplete at the commencement of this section shall be continued by the Corporation , provided such matters are not inconsistent with the functions of the Minister under section 13.

Education (Board of Advanced Education Dissolution) Act 1989, No. 89 1185 (9) It is hereby declared that since the commencement of the Education Act Amendment Act 1973 the Board of Advanced Education has always had the power to act as accrediting authority for courses leading to advanced education awards conferred by institutions other than colleges of advanced education established under the EducationAct 1964-1989 and that accreditations made by the Board of Advanced Education in respect of those institutions prior to the commencement of section 4 were validly made. 7. Compliance with accounts and audit requirements . The Minister shall comply in all respects with the relevant provisions of- (a) the Financial Administration and Audit Act 1977-1988; (b) financial directions prescribed for the purposes of section 51B (1) (j) of the Education Act 1964-1989, in the place of the Board of Advanced Education in respect of the financial year of the Board of Advanced Education ending 31 December 1989 (if such provisions have not been complied with prior to the commencement of this section) and in respect of that part of the next financial year of the Board of Advanced Education that extends up to the commencement of this section, any statements of account prepared by the Minister in respect of that period or those periods in the place of the Board of Advanced Education shall have the same force and effect as if they had been prepared by the Board of Advanced Education. 8. Compliance with annual reporting requirements . The Minister shall comply in all respects with the provisions of the FinancialAdministration and Audit Act 1977-1988 in the preparation of the annual report on the operations of the Board of Advanced Education in respect of the year ending 31 December 1989 and in respect of that period, if any, that extends up to the commencement of this section. 9. Savings . (1) Unless otherwise expressly prescribed, every Order in Council, approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement, prohibition, refusal, registration or other act of authority made, granted, issued, done, or otherwise originated by or in respect of the Board of Advanced Education under Division I of Part VIIA, Part VIII and Divisions I, III, V and VI of Part VIIIA of the Education Act 1964-1989, or under any regulation, by-law or rule made under the Education Act 1964-1989 in relation to the subject matter or operation of those provisions of that Act and subsisting at the commencement of this section shall, subject as hereinafter provided, continue in force for the purposes of this Act as fully and effectually as if it had been granted, issued, done or otherwise originated under a corresponding provision of this Act including a corresponding regulation, by-law or rule (and shall, where necessary, be deemed to have so originated) until it expires by efuxion of time or is rescinded, repealed, revoked, cancelled, suspended, or otherwise determined under this Act: Provided that every such Order in Council, approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement, prohibition,

1186 Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 refusal, registration or other act of authority shall be read and construed subject to this Act. (2) Nothing in this section limits the operation and effect of the Acts Interpretation Act 1954-1989. 10. Employment of staff of the Board of Advanced Education. (1) Subject to this Act, every person who, immediately prior to the dissolution of the Board of Advanced Education pursuant to section 4 held any salaried office or any full-time permanent employment with the Board of Advanced Education shall become an officer of the Public Service within the meaning of that term in the Public Service Management andEmployment Act 1988 and shall be employed subject to the provisions of that Act. (2) Persons who become officers of the Public Service under subsection (1) shall- (a) be credited with annual sick leave and long service leave accrued and owing to them under their conditions of employment with the Board of Advanced Education; (b) in terms of salary, not be employed at a rate less than the rate to which they were entitled under employment with the Board of Advanced Education; and (c) have their previous full-time permanent employment with the Board of Advanced Education recognised as continuous service as an officer of the Public Service of Queensland. 11. Superannuation entitlements . A person who immediately prior to his becoming an officer of the Public Service pursuant to section 10 was a contributor to the State Service Superannuation Fund for as long as he continues in the Public Service of Queensland in a full-time permanent capacity- (a) shall retain all entitlements which at the time he becomes such an officer have accrued or are accruing to him as a contributor under the Public Service Superannuation Act1958-1988, the State Service Superannuation Act 1972-1988, or the Superannuation (Government and Other Employees)Act 1988; and (b) shall be deemed to be an officer within the meaning of each of those Acts and shall continue to contribute to that fund and shall be entitled to payments and other benefits therefrom in respect of himself, his widow and any child of his. PART 1II-ADVANCED EDUCATION 12. Interpretation . In this Part unless the contrary intention appears- "accredit" means recognize as meeting certain minimum criteria as determined by the Minister;

Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 1187 "advanced education" has the same meaning as that term had in the Education Act 1964-1989 immediately prior to the commencement of this section; "college of advanced education" means acollege of advanced education established under the Education Act 1964-1989; "Council of a college of advanced education" means a Council of a college of advanced education constituted under the Education Act 1964-1989. 13. Functions and powers of the Minister . (1) The functions of the Minister shall be to- (a) confer with any Council, committee, group or body whatsoever, whether in Queensland or elsewhere or incorporated or not, on such matters as are within the functions and powers of the Minister under this Act; (b) appoint committees to advise on fields of advanced education concerning which no statutory body has been constituted under any Act and such other committees as he thinks fit, to advise him in connexion with the performance of his functions and the exercise of his powers under this Act; (c) exercise a co-ordinating function with respect to fields of study in colleges of advanced education; (d) be the accrediting authority for courses leading to advanced education awards conferred by- (i) colleges of advanced education; (ii) non-State educational institutions that are categorized by the Minister as conferring awards in courses that are of a standard equivalent to those furnished by colleges of advanced education; (e) approve annual budgets and plans, specifications and acceptance of tenders and to seek any necessary external approvals for capital projects submitted by Councils of colleges of advanced education; (f) approve the scale of fees to be charged by colleges of advanced education in connexion with enrolments in classes or courses, whether or not those classes or courses lead to an award, save in connexion with- (i) enrolments in classes or courses in respect of which the Minister determines, having regard to the nature and duration thereof and any other matters he considers. relevant in relation thereto, that his approval is not necessary; (ii) examinations and the conferring of awards, and such other services as the Minister may from time to time determine; (g) foster research into matters relevant to the development and improvement of advanced education by such means as the Minister thinks fit, including the making of determinations

1188 Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 for the provision of scholarships, fellowships and financial assistance to institutions conducting or proposing to conduct research into any such matters; exercise a co-ordinating function with respect to applied research and development in colleges of advanced education; enter into agreements with the universities in the State and other institutions in the State which, in the opinion of the Minister, provide education equivalent to university standard with a view to establishing uniformity in respect of the procedures for the admission of students to such universities and other institutions and colleges of advanced education; G) maintain and monitor limitations to incur expenditure to apply to designated officers of Councils of colleges of advanced education and officers thereof approved from time to time by the Minister consistent with limitations approved in respect of comparable officers of the Department of Education; (k) exercise a co-ordinating function with respect to courses of continuing education in colleges of advanced education; (1) perform any additional functions prescribed by the Governor in Council by Order in Council. (2) The Minister shall have and may exercise such powers and authorities as are incidental to the proper discharge by him of any of his functions under this Act or as the Governor in Council from time to time prescribes by Order in Council. (3) In the performance of his functions and the exercise of his powers under this Act, the Minister shall have regard to the needs of the State and the recommendations made by Councils of colleges of advanced education and their advisory committees. PART IV-GENERAL PROVISIONS 14. Power of delegation by the Minister . (1) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate- (a) to any person; (b) to the holder of an office specifying its title but not the name of the holder for the time being, all or any of his powers, authorities, functions or duties under this Act except this power of delegation. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the Minister thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function or duty.

Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 1189 (4) The Minister may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable. (5) A delegation is revocable at the will of the Minister and does not prevent the exercise of a power or authority or the performance of a function or duty by him. 15. Annual Report . The Minister shall in every year cause to be laid before the Legislative Assembly a report on the administration of this Act during the preceding year. 16. Regulations . The Governor in Council may from time to time make regulations not inconsistent with this Act providing for all or any purposes whether general or to meet particular cases that may be convenient for the administration of this Act or that may be necessary or convenient to carry out the objects and purposes of this Act. 17. Governor in Council may prescribe . The Governor in Council may by Order in Council prescribe with respect to all matters that are necessary or desirable for effectually achieving the objects and purposes of this Act. 18. Tabling of certain subordinate legislation . (1) Section 28A of the Acts Interpretation Act 1954-1989 applies in respect of Orders in Council made for the purposes of this Act, and, for the purposes of that application, that section shall be read and construed as if references to regulations were references to Orders in Council made for the purposes of this Act. (2) Every Proclamation made under this Act shall be laid before the Legislative Assembly within 14 sitting days after publication in the Gazette. PART V-AMENDMENT OF EDUCATION ACT 1964-1989 19. Citation . (1) In this Part the Education Act 1964-1989, being the Education Act 1964-1988 as amended by the Education (GeneralProvisions) Act 1989, is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Education Act 1964-1989. 20. Amendment of s. 2 . Parts and Divisions . Section 2 of the Principal Act is amended by- (a) omitting from where they refer to Part VIIA the words "Division I-Board of Advanced Education;"; (b) omitting from after the words "PART VIII- PROVISIONS RELATING TO" the words "THE BOARD OF ADVANCED EDUCATION, AND THE"; (c) omitting from after the words "Division I-Dealings with Land Vested in" where they refer to Part VIIIA the words "Board or Council "

1190 Education (Board of Advanced Education Dissolution) Act 1989, No. 89 and substituting the words "a Council of a College of Advanced Education"; (d) omitting from after the words " Division III -Employees of" where they refer to Part V IIIA the words " Board of Advanced Education and " . 21. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) in the definition "Financial year" omitting from paragraph (a) the words "the Board of Advanced Education or"; (b) in the definition "Full-time member" omitting the words "Board or" where they twice occur. 22. Repeal of Division heading and ss. 51A and 51B. The Principal Act is amended by- (a) omitting the Division heading immediately preceding section 51A; (b) repealing sections 51A (Constitution of Board ) and 51B ( Functions and powers of the Board). 23. Amendment of s. 51F. Functions and powers of Council . Section 51F of the Principal Act is amended by, in subsection (2)- (a) in paragraph (b), omitting the words "Board of Advanced Education" where they twice occur and substituting the word "Minister" in each case; (b) in paragraph (c)- (i) omitting the words "Board of Advanced Education" and substituting the word "Minister": (ii) omitting the words "that Board" where they twice occur and substituting the words "the Minister" in each case; (c) in paragraphs (d), (h), 0) and (k), omitting the words "Board of Advanced Education" and substituting the word "Minister" in each case. 24. Amendment of heading of Part VIII. The Principal Act is amended by omitting from the Part heading immediately preceding section 53, the words "THE BOARD OF ADVANCED EDUCATION AND THE". 25. Repeal of and new s. 53 . Definition of terms. The Principal Act is amended by repealing section 53 and substituting the following section:- "53. Definition of term. In this Part, unless the context otherwise indicates or requires, "Council" means a Council of a college of advanced education.'.

Education (Board of Advanced Education Dissolution) Act 1989, No. 89 1191 26. Amendment of s. 54 . T ime for constitution of Board or Council. Section 54 of the Principal Act is amended by- (a) omitting from the note to the section the words "Board or"; (b) in subsection (1), omitting the words "Board or a"; (c) in subsection (2), omitting the words "Board or a"; (d) in subsection (3), omitting the words "Board or" where they twice occur. 27. Amendment of s. 55. Failure to nominate or elect . Section 55 of the Principal Act is amended by omitting the words "Board or" wherever they occur. 28. Amendmentof s. 56. Term of appointment . Section 56 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from the first paragraph all words from and including the words "or a Board (other than" to and including the words "Board of Advanced Education)" and substituting the words "(other than an ex officio member)"; (ii) in the second paragraph- (A) omitting the words "or a Board"; (B) omitting the words "or, as the case may be, the Board"; (b) in subsection (2)- (i) omitting from the first paragraph the words "or a Board"; (ii) omitting from the second paragraph the words "or, as the case may be, the Board". 29. Amendment of s. 57. Vacation of office of members of Council or Board . Section 57 of the Principal Act is amended by- (a) omitting from the note to the section the words "or Board"; (b) omitting the words "or a Board"; (c) omitting the words "or, as the case may be, the Board" wherever they occur. 30. Amendment of s. 58 . Casual appointments to Council and Board. Section 58 of the Principal Act is amended by- (a) omitting from the note to the section the words "and Board"; (b) in subsection (1)- (i) omitting from the first paragraph the words "or a Board";

1192 Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 (ii) omitting from the second paragraph the words "or, as the case may be, the Board"; (c) in subsection (2), omitting the words "or the Board"; (d) in subsection (2A) (a), omitting the words "or a Board"; (e) in subsection (3), omitting the words "either the Council or the Board" and substituting the words "the Council". 31. Amendment of s. 59 . Manner of exercising power of Council or Board . Section 59 of the Principal Act is amended by- (a) omitting from the note to the section the words "or Board"; (b) omitting from the first paragraph the words "or a Board"; (c) omitting from the final paragraph the words "or the Board". 32. Amendment of s. 60 . Validity of proceedings . Section 60 of the Principal Act is amended by- (a) omitting the words "or a Board"; (b) omitting the words "or Board" wherever they occur. 33. Amendment of s. 61 . Quorum and business of Council and Board . Section 61 of the Principal Act is amended by- (a) omitting from the note to the section the words "and Board"; (b) in subsection (1)- (i) omitting the words "or, as the case may be, a Board"; (ii) omitting the words "or such Board"; (c) in subsection (2)- (i) omitting the words "and the Board"; (ii) omitting the words "or, as the case may be, the Board"; (d) in subsection (3), omitting the words "or Board" wherever they occur. 34. Amendment of Division heading. The Principal Act is amended by omitting from the Division heading immediately preceding section 62A, the words "Board or". 35. Amendment of s. 62A. Control of Crow n land by Board or Council. Section 62A of the Principal Act is amended by- (a) omitting from the note to the section the words "Board or"; (b) omitting the words "the Board of Advanced Education or"; (c) omitting the words "Board or of the"; (d) omitting the words "Board or".

Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 1193 36. Amendment of s. 62B . Restriction on alienation , etc., of land. Section 62B of the Principal Act is amended by- (a) in subsection (1), omitting the words "The Board or a" and substituting the word "A"; (b) in subsection (2), omitting the words "the Board or". 37. New s. 62BA . The Principal Act is amended by inserting after section 62B the following section:- "62BA. Council to represent Crown for certain purposes. For the purposes of the provisions of the Building Act 1975-1988- (a) the Council of a college of advanced education represents the Crown in right of the State in respect of the carrying out of building work in relation to the college; (b) the Council may exercise all the powers, privileges, rights and remedies of the Crown in respect of that building work provided that in each case the Council has complied with the provisions of this Act relating to the approval of plans and expenditure, prior to the commencement of any such building work; (c) the Minister shall be the prescribed Minister.". 38. Amendment of s. 62c . Council may make by -laws. Section 62c of the Principal Act is amended by, in subsection (6), omitting all words from and including ", if approved by the Board" to and including "to the Minister." and substituting the following words:- "be submitted to the Minister and by him to the Governor in Council. A by-law has no effect unless and until approved by the Governor in Council.". 39. Amendment of Division heading. The Principal Act is amended by omitting from the Division heading immediately preceding section 62D, the words "the Board of Advanced Education and ". 40. Amendment of s. 62D. Particular employees . Section 62D of the Principal Act is amended by- (a) omitting subsection (1); (b) in subsection (4), omitting all words from and including "secretary to a Board" to and including "Board and a". 41. Amendment of s. 62E. Employees of Board or Council generally. Section 62E of the Principal Act is amended by- (a) omitting from the note to the section the words "Board or"; (b) omitting subsection (1); (c) omitting subsection (6);

1194 Education (Board of Advanced Education Dissolution) Act 1989, No. 89 (d) in subsection (7), omitting the words "the Board of Advanced Education or"; (e) in subsection (8)- (i) omitting the words "the Board of Advanced Education and"; (ii) omitting the words "Board and". 42. Amendment of s. 62F. Superannuation provisions . Section 62F of the Principal Act is amended by, in subsection (3)- (a) omitting from the first paragraph the words "the Board of Advanced Education or"; (b) in the second paragraph- (i) omitting the words "Board or the"; (ii) omitting the words "Board or". 43. Amendment of Division heading. The Principal Act is amended by omitting from the Division heading immediately preceding section 62M, the words "the Board of Advanced Education and ". 44. Amendment of s. 62M. Funds of Board or Council. Section 62M of the Principal Act is amended by- (a) omitting from the note to the section the words "Board or"; (b) in subsection (1)- (i) omitting the words "The Board of Advanced Education and a" and substituting the word "A"; (ii) omitting from subparagraph (d), the words "Board of Advanced Education" and substituting the word "Minister"; (c) in subsection (2)- (i) omitting the words "the Board of Advanced Education or"; (ii) omitting the words "Board or" wherever they occur; (d) in subsection (3)- (i) omitting the words "the Board of Advanced Education or"; (ii) omitting the words "Board or" wherever they occur; (e) in subsection (4)- (i) omitting from the first paragraph the words "the Board of Advanced Education or"; (ii) omitting from the second paragraph the words "Board or"; (iii) in the third paragraph- (A) omitting the word "Board" and substituting the word "Minister";

Education (Board of Advanced Education Dissolution) Act 1989, No. 89 1195 (B) omitting all words from and including "in accordance with the provisions" to and including "as the case requires" and substituting the words "by the Minister". 45. Repeal of and new s. 62N. Accounts and Audit. The Principal Act is amended by repealing section 62N and substituting the following section:- "62N. A ccounts and Audit . The provisions of the FinancialAdministration and Audit Act 1977-1988 apply to and in respect of each Council of a college of advanced education to the extent provided by that Act.". 46. Repeal of and new s. 62P. Budget of Board or Council. The Principal Act is amended by repealing section 62P and substituting the following section:- "62P. Budget of Council . (1) Before 30 September in each year, each Council of a college of advanced education shall adopt and lodge with the Minister a budget in respect of each fund maintained in which the Council shall estimate as accurately as possible- (a) the amount to be disbursed by the Council from that fund during the year ending on 31 December in the year next following in the proper exercise by the Council of its functions and powers under this Act and in giving effect to the provisions of this Act; (b) the amount to be received from all sources by the Council during the year ending on 31 December in the year next following. (2) A budget of a Council shall be of no force or effect until it is approved by the Minister and the Minister may return the budget of the Council for amendment in such a way as he 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 Council and of any other revenues reasonably expected for the financial year. When the Minister has approved a budget of a Council, such budget as approved, whether or not it has been amended pursuant to this subsection, shall be binding upon the Council. (3) The Minister may, in respect of a Council, amend a budget approved by him and any such budget as so amended shall be binding on the Council in question. (4) If the general fund of a Council contains a surplus or shows a deficit at the end of a financial year, the 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

1196 Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 and a deficit to be shown as a disbursement for that succeeding financial year.". 47. Amendment of s. 62Q. Observance of budget . Section 62Q of the Principal Act is amended by- (a) in subsection (1), omitting the words "the Board of Advanced Education or a Council" and substituting the words "each Council of a college of advanced education"; (b) in subsection (2)- (i) omitting the words "Board or" wherever they occur; (ii) in paragraph (b), omitting the word "Board" and substituting the word "Minister". 48. Amendment of s. 62R. Bequests and gifts . Section 62R of the Principal Act is amended by- (a) omitting the words "The Board of Advanced Education or a" and substituting the word "A"; (b) omitting the words "Board or" where they twice occur. 49. Amendment of s. 62s. Investments . Section 62s of the Principal Act is amended by- (a) omitting the words "the Board of Advanced Education or"; (b) omitting the words "Board or". 50. Amendment of s. 62u. Temporary finance. Section 62u of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "the Board of Advanced Education or" (ii) omitting the words "Board or" where they twice occur; (b) in subsection (2), omitting the words "Board or" where they twice occur. 51. Amendment of heading . The Principal Act is amended by omitting from the heading immediately preceding section 62v, the words "the Board of Advanced Education or". 52. Amendment of s. 62v. Power to borrow . Section 62v of the Principal Act is amended by- (a) in subsection (1), omitting the words "the Board of Advanced Education or"; (b) in subsections (2) and (3), omitting the words "Board or" in each case;

Education ( Board of Advanced Education Dissolution ) Act 1989, No. 89 1197 (c) in subsection (4), omitting the words "The Board or" and substituting the word "A". 53. Amendment of s. 62w . Procedure by Board or Council . Section 62w of the Principal Act is amended by- (a) omitting from the note to the section the words "Board or"; (b) omitting the words "Board or". 54. Amendment of s. 62x. Application of loan moneys . Section 62x of the Principal Act is amended by omitting the words "the Board or" where they twice occur and substituting the word "a" in each case. 55. Amendment of s. 62Y. Treasury loans. Section 62Y of the Principal Act is amended by omitting from subsection (1) the words "Board or Council" and substituting the words "Council concerned". 56. Amendment of s. 62z. Debentures . Section 62z of the Principal Act is amended by- (a) in subsection (I)- (i) in paragraph (a), omitting the words "the Board of Advanced Education or"; (ii) in paragraph (b), omitting the words "Board or"; (b) in subsection (3), omitting the words "Board or" wherever they occur. 57. Amendment of s. 62AA. Illegal borrowing . Section 62AA of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "the Board of Advanced Education or"; (ii) omitting the words "Board or"; (b) in subsection (2), omitting the words "Board or" where they twice occur; (c) in subsection (3), omitting the words "Board or". PART VI-AMENDMENT OF THE JAMES COOK UNIVERSITY OF NORTH QUEENSLAND AND TOWNSVILLE COLLEGE OF ADVANCED EDUCATION AMALGAMATION ACT 1981-1989 58. Citation . (1) In this Part the James Cook University of North Queensland and Townsville College ofAdvanced Education Amalgamation Act 1981-1989, being the James Cook University of North Queenslandand Townsville College of Advanced Education Amalgamation Act 1981 as amended by the Universities and Colleges of Advanced Education Act1989, is referred to as the Principal Act.

1198 Education (Board of Advanced Education Dissolution ) Act 1989, No. 89 (2) The Principal Act as amended by this Part may be cited as the James Cook University of North Queensland and Townsville College ofAdvanced Education Amalgamation Act 1981-1989. 59. Amendment of s. 14. Council of University to confer. Section 14 of the Principal Act is amended by, in paragraph (a), omitting all words from and including the words "Board of Advanced Education" to and including "powers of those Boards" and substituting the words "Minister and the Board of Teacher Registration and shall have regard to their functions and powers". 60. Amendment of s. 15 . Disputes . Section 15 of the Principal Act is amended by omitting the words "either of the Boards referred to in section 14 the Council or the Board in question" and substituting the words "the Board of Teacher Registration, the Council or the Board".