Hotel School Act 1996 (ACT)
Hotel School Act 1996 (repealed)
A1996-72
Republication No 6
Effective: 31 October 2005
Republication date: 31 October 2005
As repealed by A2005-45 s 5
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Hotel School Act 1996 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 31 October 2005.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Hotel School Act 1996 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Definitions for Act 2
Part 2Australian International Hotel School
Continuation of former school 3
Functions 3
Ministerial directions 4
Powers 4
Limits on contracts 5
Formation of companies etc 5
Partnerships and joint ventures 6
Part 3Board of management
Division 3.1 Establishment, functions and powers
Establishment 7
Functions 7
Report to Minister 7
Powers 7
Division 3.2 Constitution
Membership 8
Appointment and terms of office of non-executive members 8
Chairperson and deputy chairperson 9
Division 3.3 Meetings
Calling meetings 9
Presiding at meetings 9
Quorum and voting 10
Procedure 10
Disclosure of interests 10
Part 4Administration
Division 4.1 Director
Director 12
Functions 12
Appointment and terms of office 12
Powers 12
Delegation 12
Division 4.2 Personnel
Employees 13
Consultants etc 13
Division 4.3 Finance
Fees 13
Money of the school 13
Application of money 14
Trust money 14
Application of Financial Management Act, pt 8 14
Part 5Miscellaneous
Immunity from suit 15
Regulation-making power 15
Schedule 1Appointment and terms of office of non-executive members of board 16
Appointment 16
Terms of office 16
Resignation 16
Acting members 16
Schedule 2Appointment and terms of office of director 18
Appointment 18
Terms of office 18
Resignation 18
Acting director 18
Endnotes
About the endnotes 20
Abbreviation key 20
Legislation history 21
Amendment history 22
Earlier republications 24
Hotel School Act 1996 (repealed)
An Act relating to the Australian International Hotel School
Part 1Preliminary
Name of Act
This Act is the Hotel School Act 1996.
Definitions for Act
In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
board means the board of management of the school.
director means the director of the school.
school means the Australian International Hotel School continued in existence by section 4.
staff, in relation to the school, means the persons employed or engaged by the school.
Part 2Australian International Hotel School
Continuation of former school
(1)The body corporate named the Australian International Hotel School, in existence under the Canberra Institute of Technology Act 1987 immediately before the commencement of this part, continues in existence under this Act, with the same name, by force of this section.
(2)The school—
(a)continues as a body corporate; and
(b)shall have a common seal.
Functions
The school has the following functions:
(a)to provide education and training to develop knowledge and skills in relation to—
(i)hotel management; and
(ii)related fields approved in writing by the Minister;
(b)to confer awards in relation to courses and programs conducted by the school;
(c)to consult and cooperate with other institutions, persons or bodies in relation to the provision of educational or training services in hotel management and related fields;
(d)to make suitable arrangements with industry and the commercial community in connection with the exercise of its functions;
(e)to do anything incidental to any of its functions.
Ministerial directions
(1)The Minister may give written directions to the school in relation to the exercise of its functions, either generally or in relation to a particular matter.
(2)The school shall give effect to a direction.
(3)The Minister shall present a copy of a direction to the Legislative Assembly within 5 sitting days after it is given to the school.
(4)A report prepared by the school under the Annual Reports (Government Agencies) Act 2004 for a financial year must include—
(a)a copy of any direction given under this section during the year; and
(b)a statement by the school about action taken during the year to give effect to any direction given (whether before or during the year) under this section.
NoteFinancial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
Powers
The school has power to do all things necessary or convenient to be done in connection with the exercise of its functions and, in particular, may—
(a)erect buildings and structures and carry out works; and
(b)occupy, use and control any land or building made available to the school by another person; and
(c)charge fees in connection with courses or programs conducted by the school; and
(d)provide goods, services, facilities or resources to any person; and
(e)charge for the provision of goods, services, facilities or resources; and
(f)conduct a hotel for the purposes of the school; and
(g)accept gifts, grants, devises and bequests, whether on trust or otherwise, and act as trustee of money or other property vested in it on trust; and
(h)provide scholarships and like benefits; and
(i)appoint agents and attorneys; and
(j)act as an agent for another person; and
(k)obtain commercial sponsorship; and
(l)establish and maintain library, museum, art and other collections; and
(m)do anything incidental to any of its powers.
Limits on contracts
(1)The school shall not enter into a contract involving the payment or receipt of an amount exceeding the prescribed amount except in writing, and in accordance with the written approval of the Minister.
(2)In subsection (1):
prescribed amount means—
(a)$50 000; or
(b)if another amount is prescribed by the regulations—the amount so prescribed.
Formation of companies etc
The school shall not—
(a)form, or participate in the formation of, a company; or
(b)subscribe for, or purchase, company shares or securities.
Partnerships and joint ventures
(1)The school shall not—
(a)enter into a partnership; or
(b)participate in a joint venture not involving the formation of a company by the school;
except in accordance with the written approval of the Minister.
(2)The Minister’s approval—
(a)shall be given particularly, not generally; and
(b)may be subject to specified conditions.
(3)Within 15 sitting days after the date of an approval, the Minister shall present a statement to the Legislative Assembly setting out particulars of the activity approved and the reasons for the approval.
(4)The Minister may omit from the statement particular matter that the Minister believes on reasonable grounds would adversely affect the commercial interests of the school.
(5)If subsection (4) applies, the Minister shall ensure that the statement indicates the general nature of the matter omitted and the reasons for the omission.
Part 3Board of management
Division 3.1 Establishment, functions and powers
Establishment
There shall be a board of management of the school.
Functions
(1)The board shall manage the affairs of the school.
(2)Without limiting subsection (1), the board shall—
(a)decide the strategies and policies to be followed by the school in exercising its functions; and
(b)ensure the efficient and cost effective functioning of the school.
Report to Minister
If the Minister gives a written direction to the chairperson requiring the board to inquire into and report on a matter concerning the school, the board shall provide the Minister with a report on the matter, including a recommendation if appropriate, within the period specified in the direction.
Powers
(1)The board has power to do all things necessary or convenient to be done in connection with the exercise of its functions.
(2)Without limiting subsection (1), the board may make arrangements, or give directions to staff or students, in relation to the exercise of its functions, particularly in relation to the following matters:
(a)the general governance and financial management of the school;
(b) the employment or engagement of persons for the purposes of the school;
(c)the enrolment and assessment of students and their admission to examinations;
(d)the conferral of awards, including honorary awards;
(e)the payment of fees or charges;
(f)the granting of scholarships, bursaries and prizes;
(g)the association or affiliation with the school of any person, body or institution;
(h)any other matter incidental to the exercise of its functions.
(3)An arrangement or direction under subsection (2) must not be inconsistent with the Financial Management Act 1996.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any guideline (see Legislation Act, s 104).
Division 3.2 Constitution
Membership
The board consists of—
(a)the director; and
(b)not more than 8 non-executive members provided that at least 1 member is a representative of a tertiary education institution.
Appointment and terms of office of non-executive members
Schedule 1 has effect in relation to the non-executive members of the board.
Chairperson and deputy chairperson
(1)The chairperson of the board shall be a non-executive member appointed in writing by the Minister.
(2)The deputy chairperson of the board shall be a non-executive member appointed in writing by the Minister.
(3)A member of the staff of the school is not eligible to be appointed as the chairperson or deputy chairperson of the board.
Division 3.3 Meetings
Calling meetings
The chairperson shall call a meeting of the board—
(a)at least twice during each academic term of the school; and
(b)on receipt of a written direction to do so by the Minister; and
(c)on receipt of a written request to do so by—
(i)the director; or
(ii)at least 3 other members; and
(d)at the other times the chairperson considers necessary for the efficient exercise of its functions.
Presiding at meetings
(1)The chairperson shall preside at all meetings of the board at which he or she is present.
(2)If the chairperson is absent from a meeting of the board, the deputy chairperson shall preside.
(3)If the chairperson and deputy chairperson are both absent from a meeting of the board, the members present shall elect a member, other than the director, to preside.
Quorum and voting
At a meeting of the board—
(a)5 members constitute a quorum; and
(b)a question arising shall be determined by a majority of votes of the members present and voting; and
(c)the member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
Procedure
(1)The board may determine the procedures to be followed in relation to its meetings.
(2)The board shall keep a record of its proceedings.
Disclosure of interests
(1)A member of the board who has a direct or indirect interest, pecuniary or otherwise, in a matter being considered or about to be considered by the board shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.
(2)A disclosure shall be recorded in the minutes of the meeting and, unless the board otherwise determines, the member shall not—
(a)be present during any deliberation of the board in relation to that matter; or
(b)take part in any decision of the board in relation to that matter.
(3)A member referred to in subsection (2) shall not—
(a)be present during any deliberation of the board for the purpose of considering whether to make a determination under that subsection in relation to that member; or
(b)take part in the making by the board of such a determination.
(4)A member of the board shall not be taken to have an interest in a matter only because of his or her office as member.
Part 4Administration
Division 4.1 Director
Director
There shall be a director of the school.
Functions
(1)The director shall manage the affairs of the school on a daily basis—
(a)on behalf of the board; and
(b)in accordance with the strategies and policies decided, and any directions given, by the board.
(2)Anything done in the name of, or on behalf of, the school by the director shall be taken to have been done by the school.
Appointment and terms of office
Schedule 2 has effect in relation to the director.
Powers
The director has power to do all things necessary or convenient to be done in connection with the exercise of his or her functions.
Delegation
The director may, in writing, delegate all or any of the director’s powers under this Act to a member of the staff of the school.
Division 4.2 Personnel
Employees
(1)The school may employ persons for the exercise of its functions.
(2)The terms and conditions of employment shall be as determined in writing by the board.
Consultants etc
(1)The school may engage persons other than employees to assist in relation to the exercise of its functions.
(2)The terms and conditions of engagement shall be as determined in writing by the board.
Division 4.3 Finance
Fees
(1)Fees determined by the board are payable to the school in relation to attendances at courses or programs conducted by the school.
(2)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Money of the school
The money of the school consists of—
(a)money paid to the school in accordance with an appropriation by an Act for the purposes of the school; and
(b)money borrowed by, or on behalf of, the school in accordance with the Financial Management Act 1996; and
(c)fees paid to the school in connection with courses or programs conducted by the school; and
(d)money received by the school in relation to the provision of goods, services, facilities or resources; and
(e)the proceeds of the sale or other disposition of any property of the school; and
(f)money received by the school in relation to sponsorships; and
(g)money received by the school by way of, or as a result of, a gift, grant, devise or bequest; and
(h)any money derived by the school in the exercise of its functions.
Application of money
The money of the school is to be applied only—
(a)in payment or discharge of expenses, obligations and liabilities of the school arising under this Act; and
(b)in payment of remuneration, allowances and fees payable under this Act.
Trust money
The school shall pay money held on trust into a bank account maintained under the Financial Management Act 1996, section 55.
Application of Financial Management Act, pt 8
(1)The Financial Management Act 1996, part 8 has effect in relation to the school as if the references in that part to the chief executive officer of a statutory authority were references to the board.
(2)Subsection (1) shall not be taken to prevent the director from acting on behalf of the board.
Part 5Miscellaneous
Immunity from suit
(1)No action, suit or proceeding lies against a person who is or has been—
(a)the director; or
(b)a non-executive member of the board;
in relation to an act done or omitted to be done in good faith in the exercise, or purported exercise, of a function under this Act.
(2)Subsection (1) does not affect any liability that the school or Territory would have, apart from that subsection, in relation to the act or omission.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Schedule 1Appointment and terms of office of non-executive members of board
(see s 16)
Appointment
The non-executive members of the board shall be appointed by the Minister in writing.
Terms of office
(1)A non-executive member of the board holds office, subject to this Act—
(a)for the period specified in the instrument of appointment; and
(b)on the terms and conditions (if any) in relation to matters not provided for by this Act that are specified in the instrument of appointment.
(2)The period of appointment shall not be more than 3 years.
(3)A former non-executive member of the board is eligible for reappointment.
Resignation
A non-executive member of the board may resign by giving a signed notice of resignation to the Minister.
Acting members
(1)The Minister may, in writing, appoint a person to act in the office of chairperson, deputy chairperson or a non-executive member—
(a)during a vacancy in the office, whether or not an appointment has previously been made to the office; or
(b)during any period, or during all periods, when the holder of the office is for any reason unable to exercise the functions of the office.
(2)A person appointed to act during a vacancy in an office shall not so act continuously for more than 12 months.
(3)Anything done by or in relation to a person purporting to act under an appointment under subsection (1) is not invalid on the ground that—
(a)the appointment was ineffective or had ceased to have effect; or
(b)the occasion to act had not arisen or had ceased.
(4)The director is not eligible to be appointed under subsection (1).
Schedule 2Appointment and terms of office of director
(see s 25)
Appointment
The director shall be appointed by the Minister in writing.
Terms of office
(1)The director holds office, subject to this Act—
(a)for the period specified in the instrument of appointment; and
(b)on the terms and conditions (if any) in relation to matters not provided for by this Act that are specified in the instrument of appointment.
(2)The period of the appointment shall not be more than 3 years.
(3)A former director is eligible for reappointment.
Resignation
The director may resign by giving a signed notice of resignation to the Minister.
Acting director
(1)The Minister may, in writing, appoint a person to act as the director—
(a)during a vacancy in the office of director, whether or not an appointment has previously been made to the office; or
(b)during any period, or during all periods, when the director is for any reason unable to exercise the functions of the office.
(2)A person appointed to act as the director during a vacancy in the office of director shall not so act continuously for more than 12 months.
(3)Anything done by or in relation to a person purporting to act under an appointment under subclause (1) is not invalid on the ground that—
(a)the appointment was ineffective or had ceased to have effect; or
(b)the occasion to act had not arisen or had ceased.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
Hotel School Act 1996 No 72
notified 20 December 1996 (Gaz 1996 No S328)
s 1, s 2 commenced 20 December 1996 (s 2 (1))remainder commenced 1 January 1997 (s 2 (2) and Gaz 1996 No S347)
as amended by
Remuneration Tribunal (Consequential Amendments) Act 1997 No 41 sch 1 (as am by Act 2002 No 49 amdt 3.222)
notified 19 September 1997 (Gaz 1997 No S264)
commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222)
Acts Revision (Taxation of Territory Authorities) Act 1998 No 35 sch pt 1
notified 14 October 1998 (Gaz 1998 No 41)
commenced 14 October 1998 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 186
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 186 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 (No 2) No 49 amdt 3.222
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))amdt 3.222 commenced 24 September 1997 (s 2 (3))
NoteThis Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 No 41.
Taxation (Government Business Enterprises) Act 2003 A2003-12 sch 1 pt 1.4
notified LR 27 March 2003
s 1, s 2 taken to have commenced 1 July 2002 (LA s 75 (2))sch 1 pt 1.4 commenced 28 March 2003 (s 2 (2))
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.19
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.19 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.28
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.28 commenced 2 June 2005 (s 2 (1))as repealed by
Hotel School (Repeal) Act 2005 A2005-45 s 5
notified LR 2 September 2005
s 1, s 2 commenced 2 September 2005 (LA s 75 (1))
s 5 commenced 31 October 2005 (s 2 and CN2005-20)Amendment history
Commencement
s 2om 2001 No 44 amdt 1.2117
Ministerial directions
s 6am A2004-9 amdt 1.27
Powers
s 7pars renum R2 LA
Establishment, functions and powers
div 3.1 hdg(prev pt 3 div 1 hdg) renum R2 LA
Powers
s 14am A2005-20 amdt 3.167
Constitution
div 3.2 hdg(prev pt 3 div 2 hdg) renum R2 LA
Meetings
div 3.3 hdg(prev pt 3 div 3 hdg) renum R2 LA
Director
div 4.1 hdg(prev pt 4 div 1 hdg) renum R2 LA
Personnel
div 4.2 hdg(prev pt 4 div 2 hdg) renum R2 LA
Finance
div 4.3 hdg(prev pt 4 div 3 hdg) renum R2 LA
Fees
s 30am 2001 No 44 amdt 1.2118
Liability for ACT taxes etc
s 32sub 1998 No 35 sch pt 1
om A2003-12 amdt 1.4
Regulation-making power
s 37sub 2001 No 44 amdt 1.2119
Transitional provisions
pt 6 hdgom 2001 No 44 amdt 1.2120
Interpretation
s 38om 2001 No 44 amdt 1.2120
Board of management—first non-executive members
s 39om 2001 No 44 amdt 1.2120
Board of management—first presiding members
s 40om 2001 No 44 amdt 1.2120
New director—former dean
s 41om 2001 No 44 amdt 1.2120
Continuing employees
s 42om 2001 No 44 amdt 1.2120
Savings—instruments made under CIT Act
s 43om 2001 No 44 amdt 1.2120
References to former director or dean
s 44om 2001 No 44 amdt 1.2120
Acts done on behalf of school
s 45om 2001 No 44 amdt 1.2120
Reports 1996-97
s 46om 2001 No 44 amdt 1.2120
Financial statements 1996-97
s 47om 2001 No 44 amdt 1.2120
Appointment
sch 1, cl 1am 1997 No 41 sch 1
Remuneration and allowances
sch 2, cl 3om 1997 No 41 sch 1
Savings—instruments made under CIT Act
sch 3om 2001 No 44 amdt 1.2120
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 1998 No 35 31 July 1999 2 Act 2001 No 44 17 June 2002 2 (RI) Act 2001 No 44 ‡ 10 February 2003 3 A2003-12 28 March 2003 4 A2004-9 13 April 2004 5 A2005-20 2 June 2005 ‡ includes retrospective amendments by Act 2002 No 49
© Australian Capital Territory 2005
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