Miscellaneous Act (Higher Education) Amendment Act 1988 (NSW)

MISCELLANEOUS ACTS (HIGHER EDUCATION)

AMENDMENT ACT 1988 No. 13

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.      Commencement

3.      Amendment of Acts

SCHEDULE I—AMENDMENT OF ACTS

MISCELLANEOUS ACTS (HIGHER EDUCATION) AMENDMENT

ACT 1988 No. 13

NEW SOUTH WALES

Act No. 13, 1988

An Act to amend certain Acts as a consequence of the enactment of the Higher Education Act 1988; and for other purposes. [Assented to 21 June 1988]

Miscellaneous Acts (Higher Education) Amendment 1988

The Legislature of New South Wales enacts:

Short title

1.     This Act may be cited as the Miscellaneous Acts (Higher Education)

Amendment Act 1988.

Commencement

2. (1) This Act commences at the commencement of the Higher

Education Act 1988, except as provided by subsection (2).

(2) The amendments to section 12 of the Colleges of Advanced Education Act 1975, section 17 of the Institute of the Arts Act 1987 and section 11 of the New South Wales State Conservatorium of Music Act 1965 (and section 3 in its application to those amendments) commence on a day to be appointed by proclamation.

Amendment of Acts

3. Each Act specified in Schedule 1 is amended as set out in that

Schedule.

SCHEDULE 1—AMENDMENT OF ACTS

(Sec. 3)

Colleges of Advanced Education Act 1975 No. 11—

(1) Section 3 (Definitions)—

(a)

Section 3 (1). definition of "advanced education course"— Act 1988".

(b) Section 3(1), definition of "Board"— Omit the definition.

(2) Section 10 (Powers etc. of corporate college)—

(a)

Section 10 (l)(b)— Education Act 1988".

(b)

Section 10(1) (g)— and Youth Affairs".

(c) Section 10(1) (h)—

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(i)  such estimates as are specified by the Secretary as to the financial and other needs of the college; and

(ii) such other information as the Secretary requires; and

(3) Section 12 (Servants of corporate college)—

(a)	Section 12 (l)-(4)— Omit the subsections.
(b)	Section 12 (5) (al)— Before section 12 (5) (a), insert: (a 1) employ persons as members of the academic or other staff of the college;
(c)

Section 12 (6)— Board".

(d) Section 12 (7)-(10)— Omit the subsections.

(4) Section 16—

Omit the section, insert instead:
Control of academic awards

16. A college shall not confer any academic award in respect of an advanced education course provided by it unless the award is of a nomenclature determined under the Higher Education Act 1988.

(5) Section 24 (Regulations}—

Section 24 (1) (b)—

Omit "the Board", insert instead "any person or body".

(6) Schedule 2 (Dissolution of corporate college)—

(a) Clauses 3 (l)(a), 4(1) (a)— Omit "the Board," wherever occurring.

(b) Clause 7 (3)—

Omit "the Board", insert instead "the Public Service".

(7) Schedule 3 (Corporate college under control of administrator)—

Clause 1, definition of "higher education"—

Omit the definition.

Institute of Rural Studies Act 1973 No. 54—

(1) Section 4 (Constitution of the Institute)—

Section 4 (3) (a) (viii)—
Omit "the New South Wales Advanced Education Board", insert instead "the

Ministry of Education and Youth Affairs".

(2) Section 9 (Functions and duties of Institute)—

Miscellaneous Acts (Higher Education) Amendment 1988

SCHEDULE 1—AMENDMENT OF ACTS—continued

(b) to determine, with the approval of the Minister, the nomenclature of awards to be conferred by affiliated colleges (other than awards for advanced education courses approved under the Higher Education Act 1988):

(b) Section 9 (2)—
Omit the subsection, insert instead:

(2) Nothing in this section affects the operation of the Higher Education Act

1988.

Institute of the Arts Act 1987 No. 124—

(1) Section 3 (Definitions)—

Section 3(1). definition of "advanced education course"—
Omit "the Higher Education Act 1975", insert instead "the Higher Education

Act 1988".

(2) Section 1 5 (Functions of the Institute)—

Section 15 (3)—
Omit the subsection, insert instead:

(3) The Institute shall, at such times as may be required by the Secretary of the Ministry of Education and Youth Affairs, prepare and forward to the Secretary—

(a) such estimates as are specified by the Secretary as to the financial and other needs of the Institute; and

(b) such other information as the Secretary requires.

(3) Section 1 7 (Employment of staff)—

(a)	Section 17 (2). (3)— Omit the subsections.
(b)	Section 17 (4)— Omit "after consultation with, and with the concurrence of. the Public Service
Board".
(c)	Section 17 (5). (6)— Omit the subsections.

New South Wales State Conservatorium of Music Act 1965 No. 5—

Section II (Director and staff of Conservatorium)—

Section 1 1 (4)—

Omit "after consultation with the Public Service Board".

Statutory and Other Offices Remuneration Act 1975 (1976 No. 4)—

Schedule 3, Part 2 (Public offices)—

Omit:

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Member of the Higher Education Board, other than the chairman and deputy chairman.

Technical and Further Education Act 1974 No. 72—

Section 5 (Higher Education Act 1988 not affected)—

Omit "the Higher Education Act. 1975", insert instead "the Higher Education

Act 1988".

University of Technology, Sydney Act 1987 No. 283—

Section 3(1), definition of "advanced education course"—

Omit "the Higher Education Act 1975". insert instead "the Higher Education

Act 1988".

University of Technology, Sydney (Miscellaneous Provisions) Act 1987 No. 284—

Schedule 2 (Savings and transitional provisions)—

(1) Clause 1, definition of "Board"—

Omit the definition.

(2) Clauses 12-14—

Omit the clauses.

University of Wollongong Act 1972 No. 72—

Section 3, definition of "advanced education course"—

Omit "the Higher Education Act, 1975,", insert instead "the Higher Education

Act 1988".