State Education Acts and Another Act Amendment Act of 1957 (6 Eliz ll No. 19) (Qld)

60 EDUCATION. State Education Acts, Etc., Act. 6 E liz . II. No. 19, EDUCATION. (1) State Education Acts and Another Act Amendment Act of 1957 .. .. .. 6 Eliz. II. No. 19 (2) University of Queensland Acts Amendment Act of 1957 (No. 2)....................................6 Eliz. II. No. 30 6 N E o l . iz 1 . 9 I . I. An Act to Amend “The State Education Acts, 1875 T he S tate E ducation A cts and to 1951,” and “ The Technical Instruction A nother A ct A mendment Acts, 1908 to 1918,” each in certain A ct of 1957. particulars. [A ssented to 11 th N ovember , 1957.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.— P reliminary . P art I.—P reliminary . Short title. 1. This Act may be cited as “ The State Education Acts and Another Act Amendment Act of 1957.” Parts of Act. 2. This Act is divided into Parts as follows :— P art I.—P reliminary ; P art II.—A mendments of *“ T he S tate E ducation A cts , 1875 to 1951 ” ; P art III.—A mendments of f“ T he T echnical I nstruction A cts , 1908 to 1918 ” ; P art IV.—G eneral . P art II.— A mofen “ dm T ehnets P art II. —A mendments of *“ T he S tate E ducation S tate E ducation A cts , 1875 to 1951.” A cts , 1875 to 1951.’* 3. (1.) This Part II. of this Act shall be read as Interpreta­ one with “ The State Education Acts, 1875 to 1951,” Ptiaornt. of this herein in this Part referred to as the Principal Act. * 39 V. No. 11. and amending Acts, t 8 E. 7 No. 7 and amending Acts.

EDUCATION. 61 P art ii .— 1957. State Education Acts, Etc., Act. A mendments of “ T he S tate _ * E ducation (2.) The Principal Act and this Part II. of i tJ i ll • S A cts 1 , 95 1 1 8 . 7 ” 5 to Act may be collectively cited as *“ The State Education collective Acts, 1875 to 1957.” 4. Section two of the Principal Act is amended by Amendment repealing the definition “ The Minister ” and by inserting, ° ' ' in lieu of that repealed definition, the following definition :— “ “ Minister ”—The Minister for Education or Minister, other Minister of the Crown for the time being charged with the administration of this Act; 5. Section three of the Principal Act is repealed. RePeal of S. O. 6. Section six of the Principal Act is repealed Repeal °f and, in lieu of that repealed section, the followingan news' ' section is inserted :— “ [6.] There shall be a department of the Public Department Service of the State of Queensland called “ The Education. Department of Education ”. That department shall be administered by the Minister and shall be constituted by the officers, teachers and other employees appointed from time to time pursuant to f“ The Public Service Acts, 1922 to 1955,” for the effectual execution of this Act including all officers, teachers and other employees so appointed, or deemed to have been so appointed, before and in office at the enactment of this section.” 7. Section seven of the Principal Act is repealed RepoaJ of and, in lieu of that repealed section, the followingand new s'7' section is inserted :— “ [7.] (1.) The Minister, including successively any Minister to and every Minister for the time being administering corporation this Act, shall be a corporation sole by the name of801®. “ The Minister for Education of Queensland ” and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in his corporate name, and, subject to and for the purposes of this Act, of acquiring, holding, taking on lease, leasing, exchanging and disposing of property, * 39 V. No. 11 and amending Acts, t 13 G. 5 No. 31 and amending Acts.

62 EDUCATION. P art IL— A mendments op " T he S tate E ducation real A cts , 1874 to 1951/* State Education Acts, Etc,, Act. 6 E liz . II. No. 19, and personal, movable and immovable, and of doing and suffering all such other acts, matters and things as bodies corporate may by law do and suffer. ( 2 .) Save as otherwise prescribed by this Act, all moneys received by the corporation in respect of transactions entered into by it with respect to property shall be paid into and form part of the consolidated revenue. (3.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the corporation affixed to any document or writing whatsoever and, until the contrary is proved, shall presume that such seal was duly so affixed.” Repeal of s. 11. 8. Section eleven of the Principal Act is repealed. P art in.— A mendments op “T he P T echnical I nstruction akt A cts , 1908 to 1918/* III.— A mendments of *“ T he T echnical I nstruction A cts , 1908 to 1918.” Interpreta­ 9. (1.) This Part III. of this Act shall be read as Ptiaorntomf . one with *“ The Technical Instruction Acts, 1908 to 1918.” tCitollel. ective and ( t2h.i)s “ Pa T r h t e I T II e . ch o n f ic t a h l is In A st c r t uc m ti a o y n b A e ct c s, ol1le9c0t8iv t e o ly19c1it8e,d” as “ The Technical Instruction Acts, 1908 to 1957.” Ao8fmEsd.enw2d. omVfeInIt. of 19 1 08 0 ,” . Sisecatmioenntdwedo boyf fr“ ep T e h a e lin T g ec t h h n e i r c e a i l n I t n h s e tr d u e c f t i i n o i n tio A n c s t No. 7. “ Corporation ” and “ Minister ” and by inserting, in lieu of those repealed definitions, the following definitions:— Corporation. “ “ Corporation ”—The corporation sole by the name of “ The Minister for Education of Queensland ” constituted under The State Education Acts, 1875 to 1957 ” ; Minister. “ Minister ”—The Minister for Education or other Minister of the Crown for the time being charged with the administration of this Act; ”. * 8 E. 7 No. 7 and amending Acts, t 8 E. 7 No. 7. X 39 V. No. 11 and amending Acts.

1957. EDUCATION. State Education Acts, Etc., Act. 63 P art IV.— G eneral . aSZSi 11 . ( 1 .) For the purpose of continuing the existence continuity, and identity of the corporation constituted by section &0*>of x. seven, repealed by this Act, of *“ The State Education ' Acts, 1875 to 1951,” that corporation— (a) Shall be deemed to have been reconstituted and renamed by section seven, as inserted by this Act, of *“ The State Education Acts, 1875 to 1957 ” ; and (b) Subject to section seven, as inserted by this Act, of “ The State Education Acts, 1875 to 1957,” shall be deemed to continue in existence as so reconstituted and under its changed name. (2.) The repeal of, and the substitution of a new section for, section seven of *“ The State Education Acts, 1875 to 1951,” shall not affect or prejudice howsoever any rights or liabilities of the corporation as constituted and named by the repealed section seven, or render defective any legal proceedings by or against it, and any legal proceedings that might have been commenced or continued by or against it as constituted and named by the said repealed section seven, may be commenced or continued by or against it under its changed name and as reconstituted pursuant to section seven of *“ The State Education Acts, 1875 to 1957,” and all lands vested in, and all lands (including lands reserved or set apart and placed under its control and management) and all other property held by it as constituted and named by the said repealed section seven, shall continue vested in and held by it under its changed name and as reconstituted by section seven of *“ The State Education Acts, 1875 to 1957.” 12. References in any Act or law, including any interpreta- Proclamation, Order in Council, regulation, rule, by-law, tl0n‘ ordinance, or other instrument made, granted or issued under any Act, to the Minister and the Department of Public Instruction, within the meaning of *“ The State Education Acts, 1875 to 1951,” shall be taken hereafter to refer respectively to the Minister and The Department of Education within the meaning of *uThe State Education Acts, 1875 to 1957.” * 39 V. No. 11 and amending Acts.