Technical Education Act 1940 (NSW)

2 1 0                  Technical Education Act.

TECHNICAL EDUCATION ACT.

Act No. 20, 1940.

George VI. An Act to make further provision for and in 0. ^940. relation to the provision, maintenance, con­

trol and management of technical education in New South Wales; to provide for the establishment of technical education dis­ tricts, and for the constitution of a technical education district council in respect of each district, and for the constitution of a Technical Education Board and a New South Wales Institute of Technology; to amend the Public Instruction Act of 1880, and certain other Acts; and for purposes conuected therewith. [Assented to, 7th June, 1940.]

T ) E it enacted by the King’s Most Excellent Majesty,

J3 by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PAET I.

P b e l im in a b y .

Short title	1. (1) This Act may be cited as the “ Technical Educa­
and com­

mencement. tion Act, 1940.”

(2) This Act shall commence upon a date to be

appointed by the Governor and notified by proclamation

published in the Gazette.

Division	2 . This Act is divided into Parts as follows:—	̂
into Parts.

PAET	I.— P e e l im in a e y .
PAET	II.—T e c h u ic a l E d u c a t io n D is t e ic t s .

PAET

Technical Education Act.

No, 20, 1940.

PART III.— T kchkical E ducatioit D istrict C ouit-

CILS.

D ivision 1.— District councils.

D ivision 2.— Incorporation of district councils.

D ivision 3.— Term of office and casual vacancies.

D ivision A.—Appointed members.

D ivision 5.—President and vice-president.

D ivision G.— Miscellaneous provisions.

PAET IV.— P owers and F u n ctio n s of D istrict

C o u n cils .

D ivision 1.—The appointed day.

D iv isio n 2.— Preliminary poivers and functions of

a district council.

D ivision 3.— Joint committee.

D ivision 4.— Transfer of property.

D ivision 5.— Officers and employees.

PAET V.— D ealings w it h L and.

PART	VI.— E d u c a tio n .
PART	VII.— T e c h n ic a l E du ca tio n B oard.
PART	VIII.— N ew S o u t h W ales I n s t it u t e op

T e c h n o lo g y .

PAET IX.— F in a n c e .

D iv isio n 1.— General.

D ivision 2.— Loans. '

PAET X.— G e n e r a l .

D ivision 1.— Gift bequest and devise.

D ivision 2.— Removal of members of a district

council.

D ivision 3.— Special power of Minister.

D ivision 4.— Vocational and pre-vocational in­

struction.

PART XI.— R egulations and B y-law s.

PART XII.— A m en d m en t of L ocal Governm ent

A ct , 1919.

2 1 2                   Technical Education Act.

No. 20, 1940.	3. (1) In this Act, unless the context or subject-matter
tation.

Interpre otlierwise indicates or requires,—

“ By-laws” means by-laws made under this Act by a district council or the Technical Education Board with the approval of the Governor.

“ District” means technical education district established by or under this Act.

“ District council” means technical education dis­

trict council constituted in respect of a district.

“ Employee” means any person employed either

temporarily or casually in the Department of

Education (Technical Education Branch) or in

the service of a district council.

“ Fund” means the fund of a district council or of the Technical Education Board as the case may be, established under this Act.

“ Member” means member of a district council.

“ Officer” means any person employed permanently

or on iwobation with a view to permanent employment in any capacity in the Department of Education (Technical Education Branch) or in the service of a district council.

“ Regulations” means regulations made under this Act by the Governor.

“ Superintendent of Technical Education” means the officer of the public service who is for the time being the Superintendent of Technical Educa­ tion in the Department of Education.

“ Technical Education Board” means the Technical Education Board constituted under this Act.

(2) The provisions of this Act conferring and imposing powers, rights, titles, authorities, duties, liabili­ ties, obligations and functions upon a district council shall apply in respect of each district to the district council constituted in respect of such district.

(3) A reference in any provision of this Act to “ the college” shall in the application of such provision to or in respect of any particular district be construed as a reference to the principal technical education institu­ tion under the control of the district council of such district.

. (4)

;,4>^

Technical Education Act. 213

No. 20, 1910.

(4) A reference in any provision of tliis Act to

“ tlie principal” sliall in the a]i])lication of sncli provision to or in respect of any particular district be construed as a reference to the principal of the college under the control of the district council of such district.

PAET II.

T e c h n ic a l E d l c a t io n D is t r ic t s .

4 „ There is hereby established a district under the Sydney

name of the Sydney Technical Education District which

sliall comprise the city of Sydney and all those munici- lUstriet.

palities and shires which are situated either wliolly or in

part within the boundaries of the county of Cumberland.

5 . There is hereby established a district under the Xewc.nstie

name of the New'castlo Technical Education District, . . ’ lidiicntion

mond Terrace and Singleton.

which sluill comprise tlie city of Greater Newcastle and all District,

those municipalities and shires which are situated either

wholly or in ])art within the boundaries of the county

of Northumberland, together with the shires of Port

6 . (1) The Governor may from time to time, b}̂ pro- New

clamation published in the Gazette, establish anj’ new

technical education district.

(2) Everj’ such proclamation shall set out—■

(a) the name of the new technical education district;

(b)	a general or particular description of the boun­ daries of the new technical education district;
(c)	the corporate name of the district council to be constituted for and in respect of such dis­ trict.

(3) A new technical education district shall not be established under this section if the principal technical education institution of the proposed new district is within a distance of forty miles from the college of an existing district.

214                 Technical Education Act.

No. 20, 1940.

7 . (1) The Governor may from time to time by pro­

Governor

may alter	clamation published in the Gazette alter the boundaries
districts.	of any district established by or under this Act.

(2) Every such proclamation shall contain a general

or particular description of the boundaries of the district

as so altered.

PART III.

T e c h n ic a l E d u c a t io n D is t r ic t C o u n c il s .

D iv is io n 1 .— District councils.

Constitution 8 . (1) Upon a day to be appointed by the Governor

cLncUfM	notified by proclamation published in the Gazette, a (2) Such district council shall, subject to sections eleven and twelve of this Act, consist of forty-three members as follow:—
Sydney	district council shall he constituted for and in respect of

District.

Sydney Technical Education District.

(a)	Pour members who shall be appointed by the Governor and who shall be nominated for such appointment by the Minister for Education.
(b)	Four members who shall be appointed by the Governor and who shall be nominated for such appointment by those persons who are repre­ sentatives of trade unions on the Advisory Com­ mittees of the Sydney Technical College.
(c)	One member who shall he appointed by the Governor and who shall be nominated for such appointment by the Senate of the University of Sydney.

' (d) Two members who shall be appointed by the Governor. One of such members shall be selected in accordance with the regulations as the representative of students in diploma courses in the Sydney Technical College and the other shall be selected in accordance with the regulations as the representative of students in trades courses in the Sydney Technical College.

(e)

Technical Education Act. 215

No. 20, 1940.

(e)	Four members who shall be appointed by the Governor and who shall respectively be nomin­ ated for such appointment by the Sydney Count} ̂ Council, the Metropolitan Water, Sewerage and Drainage Board, the Commissioner for Eailways and the Australian Gas Light Company.
(f)	Fourteen members who shall be appointed by the Governor to represent trade, industry and commerce, and w’ho shall be nominated for such appointment by the Minister for Education.
(g)	Seven members who shall be the persons who, for the time being, hold respectively the follow­ ing offices, that is to say:—

The IJnder Secretary to the Treasury.

The Director of Education.

The Superintendent of Technical Education.

The Principal of the Sydney Technical

College.

The Curator of the Technological Museum.

The Apprenticeship Commissioner.

The Principal of the Sydney Teachers

College.

(h) Two members elected in accordance with the regulations by the teaching staff of the Sydney Technical College. One member shall be elected by teachers chiefly engaged in instructing trades or certificate courses students, and the other shall be elected by teachers chiefly engaged in instructing students in diploma courses.

(i)  One member who shall be a member of the Public Service Board selected for the purpose by that Board.

(j) Four members who shall be appointed by the Governor and who shall respectively be nomi­ nated for such appointment by the Committee of the Sydney Division of the Institution of Engineers, Australia, the Royal Australian In­ stitute of Architects (New South Wales Chap­ ter), the Australian Chemical Institute (New South Wales Branch) and the Board of Opto- metrical Registration.

(3)

216                  Technical Education Act.

.0. 2̂	40.	least six of tlie members appointed under subsection two of this section shall be persons who hold one or more of the follownng qualifications, that is to say:—
A Fellow, Associate or Diplomate of the Sydney Technical College, or a holder of a State diploma issued in accordance with this Act, or a Fellow or Associate of the New South Wales Institute of Tech­ nology.

(4) (a) The eonstitntion of a body called “ The

Sydney Technical College Advisory Council” as provided in paragraph (a) of a notification published in Gazette No. 94 of the fifth day of June, one thousand nine hundred and thirty-six, is hereb}' ratified and approved.

(b) The persons who, immediately before the day appointed pursuant to subsection one of this section, were members of the Sydney Technical College Advisory Council (whether such members were appointed under the notification referred to in paragraph (a) of this sub­ section or under any subsequent notification published in tlie Gazette) shall, on and from the day so appointed, be the members of the Sydney Technical Education District Council for the purposes of the first constitution of that Council, and shall bo deemed to have been appointed or to take office as the case may be under and pursuant to the provisions of subsection two of this section, and to hold any qualification required by that subsection, and this Act shall apply accordingly; and the Governor shall, by notification published in the Gazette, specify the particular paragraph of that subsection (and, wdiere necessary, the person or body deemed to have made the nomination) under which each of such persons shall be deemed to have been so appointed or to take office as the case may be.

(c) Upon the day appointed pursuant to subsec­ tion one of this section the Sydney Technical College Advisory Council referred to in paragraph (a) of this subsection shall be dissolved.

Constitution	9. (1) Upou the day appointed pursuaut to subsoction
of district

council for	one of section eight of this Act a district council shall
Newcastle	be constituted for and in respect of the Newcastle Tech­
District.	nical Education District.

(2).

Technical Education Act. 217

No. 20, 1940.

(2) Such district council shall, subject to sections

eleven and twelve of this Act, consist of thirty members

as follow:—

(a)	Three members who shall be appointed by the Governor and who shall be nominated for such appointment by the Minister for Education.
(b)	Three members who shall be appointed by the Governor and who shall be nominated for such appointment by those persons who are represen­ tatives of trade unions on the Advisory Com­ mittees of the Newcastle Technical College.
(c)	Two members who shall be appointed by the Governor. One of such members shall be selected in accordance with the regulations as the repre­ sentative of students in diploma courses in the Newcastle Technical College and the other shall be selected in accordance with the regulations as the representative of students in trades courses in the Newcastle Technical College.
(d)	Two members who shall be appointed by the Governor and who shall respectively be nomin­ ated for such appointment by the council of the city of Greater Newcastle and the Hunter Dis­ trict Water Board.
(e)	Eight members who shall be appointed by the Governor to represent trade, industry and commerce and who shall be nominated for such appointment by the Minister for Education.
(f)	Five members who shall be the persons who, for the time being, hold respectively the follow­ ing offices, that is to say:—

The Under Secretary to the Treasury.

The Director of Education.

The Superintendent of Technical Education.

, The Principal of the Newcastle Technical

; College.

The Apprenticeship Commissioner.

(g) Two members elected in accordance with the regulations bj" the teaching staff of the New­ castle Technical College. One member shall be

elected

218                  Technical Education Act.

No. 20, 1940.

elected by teachers chiefly engaged in instruct­ ing trades or certificate courses stadonts, and tlie other shall be elected by teachers chiefly engaged in instructing diploma course students.

(h) One member who shall be a member, of the Public Service Board selected for the purpose by that Board.

(i)  Three members who shall be appointed by the Governor. Two of such members shall respec­ tively be nominated for such appointment by the Committee of the Newcastle Division of the Insti­ tution of Engineers, Australia, and the Royal Australian Institute of Architects (New South Wales Chapter). The third of such members shall be nominated jointly by the Newcastle sec­ tion of the Australian Chemical Institute (New South Wales Branch) and the Newcastle Division of tlie Institute of Mining and Metal­ lurgy.

(j) One member who shall be appointed by the Gov­ ernor to represent persons who have completed a diploma course in the Newcastle Technical Col­ lege, and who shall be nominated for such appointment by the Minister for Education.

(3) At least three of the members appointed under subsection two of this section shall be persons who hold one or more of the following qualifications, that is to say

A Fellow, Associate or Diplomate of the Sydney Technical College, a Diplomate of the Newcastle Tech­ nical College, a holder of a State diploma issued in accordance with this Act, or a Fellow or Associate of the New South Wales Institute of Technology.

(4) (a) The constitution of a body called “ The Newcastle Technical Education Advisory Council” as provided in paragraph (a) of a notification published in Gazette No. 27 of the thirty-first day of January, one thousand nine hundred and thirty-six, is hereby ratified and approved.

(b) The persons who, immediately before the

day appointed pursuant to subsection one of section eight of this Act, were members of the Newcastle Technical

Education

T ' '

Technical Education Act. 219

Jliducation Advisory Council (whether such members were appointed under the notification referred to in paragraph

(a) of this subsection or under any subsequent notification published in the Gazette) shall, on and from the day so appointed, be the members of the Newcastle Technical Education District Council for the purposes of the first constitution of that Council, and shall bo deemed to have been appoinled or to take office as the case may be under and pursuant to the provisions of subsection two of this section, and to hold any qualification required by that sub­ soction, and this Act shall apply accordingly; and the Governor sliall, by notification published in the Gazette, specify the particular paragraph of that subsection (and, wlicre necessarj’, the person or body deemed to have made the nomination) under which each of such persons shall be deemed to have been so appointed or to take office as the case may bo.

(c) Upon the day appointed pursuant to sub­

soction one of section eight of this Act the Newcastle Technical Education Advisory Council referred to in paragraph (a) of this subsection shall be dissolved.

10. (1) Whore in pursuance of section six of this Act Constitution

any new technical educa.tion district iias been estab- councUfor lished a district council shall upon a day to be appointed new district, by the Governor and notified by proclamation published

in the Gazette bo constituted for and in respect of such

district.

(2) Each such district council shall consist of

such number of members as the Governor may specify in

a proclamation published in the Gazette.

Three of such members shall be the persons who for the time being hold respectively the following offices, that is to say:—

The Director of Education.

The Superintendent of Technical Education.

The Principal of the College in the district.

One of such members shall be elected iu accordance with the regulations to represent the teaching staff.

The remainder of such members shall be appointed by the Governor, under and in accordance with the regula­ tions.

Nothing

220                  Technical Education Act.

No. M ,^940. Nothing in this section shall affect the operation of sections eleven and twelve of this Act.

Appoint­	11. (1) The Governor may appoint to a district
ment of

additional	council not more than two members from persons nomi­
members of	nated in accordance with the regulations by benefactors,
a district
ccuncil.	that is to say, by persons or bodies of persons who have at any time after the first day of .January, one thousand nine hundred and thirty-five, donated a sum of at least one thousand pounds or real or x>ersonal property amounting in value to at least one thousand pounds for the purposes of technical education in the whole or any part of the area comprised in the district.

(2) No such appointment shall be made unless

there are at least three such benefactors.

Persons may 12. (1) A district council may, if it thinks fit, from

be co-opted, xijjie Xo time by resolution, appoint as co-opted members

of the district council—^

(a)	a person to represent technical education institu­ tions (other than the college) in the district;
(b)	such other persons as the district council deems necessary.

Not more than three persons shall hold office as co­ opted members of a district council at one and the same time.

(2) A co-opted member shall be appointed for a term of two years but may be removed by resolution of the district council at any time before the expiration of his term.

(3) A co-opted member shall have all the powers, privileges and immunities of a member of the district council:

Provided that he shall not vote at any election of a president or vice-president of the district council or upon any proposal for the appointment or removal of a co­ opted member.

(4) Upon the expiration of the term of office of a co-opted member, he shall be eligible from time to time to be co-opted for a further period of two years.

D iv is io n

Technical Education Act. 221

No. 20, 1940.

D iv is io n 2.—Incorporation of district councils.

13.       (1) Each district council shall be a body cor- incorpora-

porate, with perpetual succession and a common seal, and may sue and be sued in its corporate name, and shall for the purposes and subject to the provisions of this Act be capable of purchasing holding granting de­ mising disposing of and alienating real and personal pro­ perty, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

(2) (a) The corporate name of the district council constituted for and in respect of the Sydney Technical Education District shall be the “ Sydney Technical Education District Council.”

(b) The corporate name of the district council constituted for and in respect of the Newcastle Technical Education District shall be the “ Newcastle! Technical Education District Council.”

(c) The corporate name of the district

council constituted for and in respect of a new technical education district established after the commencement of this Act liy proclamation published in the Gazette shall be the corporate name as set out in such proclama­ tion.

(3) The common seal of a district council shall be kept in the custody of the president of the district coun­ cil or of such member of the district council as the district council may determine, and shall not be affixed to any instrument or writing except under a resolution of the district council, and in the presence of two of the members who shall attest by their signatures the fact and date of the seal being so affixed.

(4) All courts and persons having by law or con­ sent of parties authority to hear, receive and examine evidence—

(a)	shall take judicial notice of the seal of the dis­ trict council affixed to any instrument or writing; and
(b)	shall, until the contrary be proved, presume that such seal was properly affixed thereto.

D iv is io n

2 2 2                   Technical Education Act.

No. 20, 1940.	D iv isio n 3.—Term, of office and casual vacancies.
'Term of
office of	14. Persons who are members of a district council by

ex officio

virtue of their being the holders of particular offices (in

members.

this Act referred to as “ ex officio members” ) shall con­

tinue to be members while they retain such office.

A member of the Public Service Board who is a member of a district council shall be an ex officio member.

Term of

15. (1) Members of a district council who are “ appointed members” ) shall subject to this Act hold office as such members for a term of four years, and shall if otherwise qualified be eligible to be reappointed from time to time for a further term of four years:

office of

appointed

apjiointed by the Governor (in this Act referred to as

members.

Provided that a member appointed under section eleven of this Act shall, subject to this Act, hold office for a term of two years and shall if otherwise qualified be eligible to be reappointed from time to time for a further term of two years.

Members to

(2) (a) The members of a district council who are appointed by the Governor for the first constitution of a district council shall be divided by the Governor into two groups.

be grouped.

The number of members in each group shall he as nearly equal as is practicable.

Tlie members comprised in such one of these groups as the Governor may determine shall, subject to this Act, hold office as members for a term of two years only.

The members who under this subsection are to hold office for two years only shall, upon the expiration of their term of office a ̂ members, if otherwise qualified, be eligible to be reappointed from time to time for a further term of four years.

(b) In the application of paragraph (a) of this subsection to and in respect of the Sydney Technical Education District Council one of the groups referred to in that paragraph shall comprise—

(i)  one half of the members appointed under para­ graph (a) of subsection two of section eight of this Act; and

(ii)

Technical Education Act. 223

No. 20 1940.

(ii) one half of the members appointed under para- graph (b) of that subsection; and ‘ _1_ *

(iii)   one of the members appointed under paragraph (d) of that subsection; and

(iv)  one half of the members appointed under para­ graph (e) of that subsection; and

(v)  one half of the members appointed under para­ graph (f) of that subsection; and

(vi)   one half of the members appointed under para­ graph (j) of that subsection.

The other of such groups shall comprise the remaining members of such district council not being ex officio members.

Subject to the foregoing provisions of this paragraph, the Governor shall determine which of the members of the district council are to bo included in a group.

(c) In the application of paragraph (a) of

this subsection to and in respect of the Newcastle Tech­ nical Education District Council one of the groups referred to in that paragraph shall comprise—

(i)   two of the members appointed under para­ graph (a) of subsection two of section nine of this Act; and

(ii)   one of the members appointed under paragraph (b) of that subsection; and

(iii)   one of the members appointed under paragraph (c) of that subsection; and

(iv)  one of the members appointed under paragraph (d) of that subsection; and

(v)  one half of the members appointed under para­ graph (e) of that subsection; and

(vi)  one of the members appointed under paragraph (i) of that subsection; and

(vii)  the member appointed under paragraph (j) of that subsection.

The other of such groups shall comprise the remaining members of such district council not being ex ofiBcio members.

Subject

224                  Technical Education Act.

No. 20, 1940.

Subject to the foregoing provisions of this paragraph, the Governor shall determine which of the members of the district council are to be included in a group.

E itra-	(3)	(a) Where a vacancy occurs in the office of
ordinary

vacancies. an appointed member before the expiration of his term of office, the casual vacancy so arising shall, subject to this Act, be filled in the same manner in all respects as if the vacancy occurred by reason of the expiration of the term of office of such member.

(b) The member filling any such casual

vacancy shall, subject to this Act, hold office as a member until the time when his predecessor’s term of office would have expired, and shall if otherwise qualified be eligible to be reappointed from time to time for a further term of four years.

D iv is io n 4 .—Appointed members.

Komina-	16. Where, by or under this Act, it is provided that a member or members of a district council shall be appointed by the Governor upon the nomination of any person or body of persons whether corporate or unincor­ porate the Governor may by regulations prescribe the method to be adopted by any such person or body in selecting the person to be nominated and the manner in which and the time within which such nomination shall be made.
tions.
If for any reason a valid nomination is not made the Governor may make the appointment, and the person so appointed shall be deemed to have been validly nomi­ nated.

D m siO N 5.—President and vice-president.

President 1 7 . There shall be a president and a vice-president of

and vice­

president.	each district council.
Vacation	18. A president or a vice-president shall vacate his office if he ceases to be a member of the district council, or resigns his office as president or vice-president by writing under his hand addressed to the Governor.
of office.
Term of
office of	19. A president shall, subject to this Act, hold office as president for a term of two years and shall, if other­ wise qualified, be eligible to hold office as president from time to time for a further term of two vears.
president.

Technical Education Act. 225

20. (1) 'Where a district council is for the first time constituted in respect of a district, the first president shall be appointed by the Governor from amongst the appointed, members of the district council. _1_ '

(2) Where the office of a president appointed

under this section becomes vacant before the expiration of his term of office as president, a president shall be appointed by the Governor from amongst the members to fill the vacancy. Subject to section eighteen of this Act the president so appointed shall hold office as presi­ dent during the residue of his predecessor’s term and shall, if otherwise qualified, be eligible for re-election from time to time as president.

21. (1) Subject to the provisions of section twenty of Section of

this Act, the president of a district council shall be elected by the members from amongst their number at an a.ssembly of members specially convened for the purpose.

(2) Where the office of a president elected under this section becomes vacant before the expiration of his term of office as president, a president shall be elected to fill the vacancy by the members from amongst their number at an assembly of members specially convened for the purpose. Subject to section eighteen of this Act the president so elected shall hold office as president during the residue of his predecessor’s term and shall, if otherwise qualified, be eligible for re-election from time to time as president.

(3) Any election under this section shall be car­ ried out at the times and in the manner prescribed by the regulations.

22. If the members of a district council fail to elect Failure to

a president within the time prescribed by the rogula- tions the Governor may appoint one of their number to be president and the president so appointed shall be deemed to have been elected by the members in accord­ ance with this Act.

23. (1) The vice-president of a district council shall Election of

be elected by the members from amongst their number.

He shall, subject to section eighteen of this Act, hold office for a term of one year and shall, if otherwise quali­ fied, be eligible for re-election from time to time as vice­ president.

H (2)

226                  Technical Education Act.

No. 20, 19t0.	(2) Where the office of a vice-president becomes vacant before the expiration of his term tbe members of the district council shall elect one of their number to fill tlie vacancj\ The person so elected shall, subject to section eighteen of this Act, hold office as vice-president for the residue of his predecessor’s term of office, and shall, if otherwise qualified, be eligible for re-election from time to time as vice-president.
(3) Any election under this section shall be car­ ried out at the times and in the manner prescribed by the regulations.
President to

preside at 24. (1) At every meeting of a district council the

meetings.	president shall preside.
(2) In the absence of the president from a meet­ ing the vice-president shall preside, and if both the president and vice-president are absent, a chairman, selected from amongst their number by the members present at the meeting, shall preside at the meeting.
Person

presiding 25. The person who presides at a meeting of the

to have a

district council shall have a deliberative vote on any ques­

casting

tion before the meeting, and -where there is an equality

vote.

of votes on such question he shall have a second or

casting vote.

D iv is io n G.— Miscellaneous provisions.

Assumption 26. The members of the first district council con­

of office. stituted in respect of a district shall assume their office as members on the day appointed by the Governor pursuant to this Act for the first constitution of such district council.

Declaration 27. (1) Each appointed member of a district council

and oath. shall before entering upon the duties of his office take an oath of allegiance under and in accordance with the Oaths Act, 1900-193G, and shall make and subscribe the following declaration of office:—

I .................... having been appointed a member of

the ............................ (insert name of district council) do hereby declare that I will truly and faithfully fulfil the duties of that office accord­ ing to the bent of mv judgment and abilitv.

^ ' r-)

Technical Education Act. 227

(2) If a person, after having been atforded an opportunity of taking the oath of allegiance and making and subscribing such declaration, neglects to do so for a period of one month or during such extended period as the Governor may appoint pursuant to subsoction three of this section after the date upon which he is appointed, he shall upon the expiration of such period of one month or extended period, as the case may be, be deemed to have declined to accept office.

(3) Where the Governor is satisfied that the delay in taking such oath and making and subscribing such declaration is unavoidable ho may extend the time for taking such oath aud making and subscribing such declaration for any period not exceeding six months.

(4) Any person who is deemed to have declined to accept office shall not bo eligible to bo re-appointed to fill the extraordinary vacancy created.

28.      An appointed member of a district council shall Vacancies—

be deemed to have vacated his office as a member if he—̂ caused*

(a)	declines office, or is deemed to have declined office;
(b)	fails to give his attendance at four consecutive ordinary meetings of tbe district council, with­ out leave of absence granted by the district council;
(c)	becomes bankrupt, compounds with his creditors or makes an assignment of his estate for their benefit;
(d)	becomes an insane person or patient or an incapable person within the meaning of the Lunacy Act of 1898;
(e)	is convicted in New South Wales of a felony or of a misdemeanour which is punishable by im­ prisonment for twelve months or upwards; or is convicted elsewhere than in New South Wales of an offence which if committed in New South Wales would be a felony or a misdemeanour which is punishable as aforesaid;
(f)	dies, or resigns his office by writing under his hand addressed to the Governor.

228                  Technical Education Act.

No. 20, 1940.

Uy. The provisions of the Public Service Act, 1902, or

Public Ser­

vice Acts not	of any Act amending that Act, shall not apply to or in
to apply to	respect of the appointment by the Governor of a member
appoint­
ments.	of a district council or of a president of a district council, and no such member or president shall, in his capacity as such member or president, be subject to the provisions of any such Act during his term of office.
Allowances.	3 0 . (1) A district council may pay out of its fund to or on behalf of its members reasonable allowances towards expenses incurred by them for conveyance and subsistence in travelling—

(a) to and from the meetings of the district council;

(b)	upon any inspection within the district under­ taken in compliance with a resolution of the dis­ trict council passed beforehand;
(c)	upon business of the district council outside the district carried out in compliance with a resolu­ tion of the district council passed beforehand.

(2) Allowance shall not be paid under paragraph

(c)

of subsection one of tliis section—

(a)	to or on behalf of more than two members of the district council in respect of business carried out under the authority of any one resolution;
(b)	to or on behalf of any member of the district council in respect of business carried out outside the State unless the Minister approves of such payment.

(3) Allowances paid under this section shall not exceed such amount as may be prescribed by the regula­ tions.

(4) The office of a member of a district council shall not by reason only of the receipt by him of any allowance in pursuance of this section be deemed to be an office or place of profit under the Crown for the purposes of the Sydney Corporation Act, 1932-1934, or the Con­ stitution Act, 1902, as amended by subsequent Acts.

Members and	3 1 . (1) No matter or thing done and no contract
persons act­

ing bona fide	entered into by a district council, and no matter or thing
not person­	done by any member of a district council or by any per­
ally liable.	son whomsoever acting under the direction of a district
cf. Act No.
60,1924,	council shall, if the matter or thing was done or the
8.25.	contract was entered into bona fide for the purpose of

executing

T ‘

Technical Education Act. 229

executing this Act, subject them or any of them personally

to any action liability claim or demand whatsoever.

(2) Nothing in this section shall exempt any mem- her of a district council from liability to be surcharged with the amount of any payment which is disallowed by the Auditor-General in the accounts of the district coun­ cil, and which such member authorised or joined in authorising.

3 2 . No act or proceeding of a district council shall be vaikiityof

invalidated or prejudiced by reason only of the fact

that at the time when such act or proceeding was done, ̂

’

taken or commenced any vacancies existed in the offices

of members of the district council.

3 3 . (1) The procedure for the calling of meetings of Meetings,

a district council, and for the conduct of business at such meetings, shall, subject to any by-laws in relation thereto made by the district council, and to the provisions of sub­ section two of this section, be as determined by the district council.

(2) Ordinary meetings of a district council shall be held at such times as tlie district council may deter­ mine. Each meeting shall be convened by notice sent to the president and to each member at least seven days before the date of the meeting.

Such notice shall state the business to be transacted at the meeting.

3 4 . Tlie number ascertained by dividing the total Quorum,

number of members of a district council by three and adding one to the quotient (any fractional remainder being disregarded) shall, unless the district council, by by-laws, fixes a greater number, be the number of mem­ bers necessary to form a quorum for the purposes of any meeting of the district council.

3 5 . (1) Any duly convened meeting of a district coun-jrecting of

cil at which a quorum is present shall be competent to transact any business of the district council and shall competent have all the powers and authority by this Act conferred J" transact	y	n i l Q i T i p Q Q
upon the district council.

(2) A decision of the majority of the members present at a meeting of a district council shall be the decision of the district council.

230                  Technical Education Act.

No. 20, 1940,

3 6 . A district council may by resolution authorise the liresident or the vice-president or any committee of the district council to determine such matters as are specified in the resolution.

Delegation.

Any such authority may from time to time be revoked or varied by the district council by resolution.

Minutes of

3 7 . A district council shall cause minutes of its deci­

sions to be kept upon the official pa])ers, and cause

minutes to be kept of the proceedings at formal meetings.

Annual

3 8 . A district council shall as soon as practicable after the thirty-first day of December in each year cause a report of its work during the year ending on that date to be prepared and forwarded to the Minister for presen­ tation to Parliament.

report.

The report shall contain such information as may be prescribed by the regulations.

Deputies—

3 9 . An ex officio member of a district council may from time to time appoint a deputy to act on his behalf, cither generally at all meetings or at any y)articular meeting or meetings of the district council or of any committee thereof at which he is unable to be present, and if a deputy has been so appointed and his api)ointment notified to the district council he shall be entitled so to act, and, while so acting, shall possess all the powers, privileges and immunities of a member of the district council.

ex officio

members.

Deputies—

4 0 . An appointed member may appoint a deputy approved by the district council to act on his behalf at a meeting or meetings of the district council or of any committee thereof hold during any period in which the appointed member is on leave of absence granted by the district council; aiid a deputy so appointed and approved shall be entitled so to act, and while so acting, shall possess all the powers, privileges and immunities of a member of the district council.

appointed

members.

meetings.

PAET

Technical Education Act. 231

Mo. 20, 1940.

PAET IV.

P owers axd F unctions of D istrict C ou ncils .

D ivision 1.— The appointed day.

41. (1) Upon and after a day to bo appointed by the Transfer of

Governor and notified by proclamation published in the powers reiat-

Gazette (in this Act referred to as “ the appointed day” ) tcfimicai

the powers, authorities, duties and functions which education,

immediately before the appointed day were exercised and

discharged by or on behalf of the Crown in relation to

the provision, maintenance, control and management of

technical education in a particular district, shall, subject

to this Act, be exercised and discharged by the district

council constituted in respect of such district.

(2) The same day shall be appointed in respect of the Sydney Technical Education District and the New­ castle Technical Education District.

(3) Subject to subsection two of this section different days may be appointed under subsection one of this section in respect of different districts.

(4) A reference in any provision of this Act to the appointed day shall, in the application of such pro­ vision to or in respect of a particular district, be con­ strued as a reference to tlie day appointed in respect of tliat district under subsection one of this section.

(5) In no case shall the day appointed under this section in respect of a particular district bo later than six months after the date upon which the district council for that district was constituted.

(G) In this section the expression “ technical education” does not include instruction in any school which the Minister by notification published in the Gazette may declare to bo a junior technical school.

42. (1) Upon and after the appointed day the district District

council shall from time to time provide ancl shall main­

tain control and manage such facilities for technical laciiitics.

education as it may think suitable to the requirements

of the district.

(2) All facilities for technical education existing

immediately before the appointed day the control main­

tenance and management of which are transferred to the

district

232                  Technical Education Act.

’ ' district council pursuant to this Part of this Act, shall be deemed to have been provided by the district council under subsection one of this section.

(3) Nothing in subsection one or subsection two of this section shall be construed to preclude the district council from modifying, extending or terminating any course of instruction for the time being in existence:

Provided that where a particular diploma course of instruction is, immediately before the appointed day, accepted by any society as satisfying the educational requirements for admission to membership of that society, the standard of such course of instruction shall not be low'ered by the district council after the appointed day.

In this subsection “ society” means every body of persons corporate or unincorporate which the Governor by notification published in the Gazette declares to be a society for the purposes of this subsection.

D iv isio n 2.— Preliminary powers and functions of a

district council.

Preliminary 43. (1) During the period commencing on the day

functions.*̂ upon wliicli a district council is for the first time con­ stituted for a particular district and ending on the ap­ pointed day the powers authorities duties and functions of the district council shall be limited to the matters and tilings following, that is to say—

(a) the election of a vice-president;

(b)	the preparation, performance and carrying into effect of all such matters and things as in the opinion of the district council are necessary or expedient in order to enable the district council to exercise and discharge all or any of the powers authorities duties and functions con­ ferred and imposed upon it by or under this Act;
(c)	matters relating to the making of determinations in accordance with this Part;

(d) at the request of the Minister—

(i)  taking into consideration any matter affecting tlie administration of this Act and reporting thereon to the Minister;

(ii):

Technical Education Act. 233

(ii) conferring with the Minister or the Technical Education Board on any such matter and providing the Minister or such board with any information relat­ ing to the matter under consideration required by the Minister or such board; -L- "

(e) the exercise and discharge of such other powers authorities duties and functions as the Minister may direct or as may be prescribed by the regulations.

Nothing in this subsection shall be construed so as to limit the exercise and discharge by the district council of its powers authorities duties and functions in respect of any of the matters and things aforesaid after the ap­ pointed day.

(2) For the purposes of carrying out the powders

authorities duties and functions referred to in subsection one of this section the district council may, with the approval of the Minister for Education, make use of the services of any of the officers or employees of the Depa'rt- ment of Education.

D ivision 3.—Joint committee.

44. (1) As soon as practicable after the first constitu- Joint

tion of a district council a joint committee shall be con­

stituted.

The joint committee shall consist of two members of the district council, appointed by it for the purpose, two persons appointed by the Minister, and one person appointed by the Colonial Treasurer.

The chairman of the joint committee shall be such

member of that committee as the Governor may appoint.

(2) The joint committee shall determine—

(a)	the extent to which real and personal property (or any right or interest therein) which, imme­ diately before the appointed day, is held by or on behalf of the Crown and used for or in con­ nection with the provision, maintenance, control and management of technical education in the district, shall be transferred to the district
council; _

" ........ ............ ( f i )

234                  Technical Education Act.

No. 20, 1940. ^1^^ what books, documents, records and papers held by or on behalf of the Crown and used for or in connection with the provision, maintenance, control and management of technical education in the district shall be transferred to the district council.

(3) Every determination made under subsection two of this section shall be submitted to the Governor for his approval, and if approved by him a notification of such approval shall be published in the Gazette.

D iv isio n 4 .—Transfer of property.

Transfer of 45. Oil and from the appointed day the following pro- All real and personal property (and all right and interest therein) shall, to the extent speci­ fied in any determination made in pursuance of

ngifuami visions shall, subject to this Act, have effect:—

liabilities. (a)

, paragraph (a) of subsection two of section forty-four of this Act and approved by the Governor, vest in and belong to the district council for the purposes of this Act.

(b)	All moneys, liquidated and unliquidated claims which, immediately before the appointed day, are payable to or recoverable by or on behalf of the CroAvn or the Minister for Education in re­ lation to the provision, maintenance, control or
;	management of technical education in the dis­ trict, shall be moneys liquidated and unliqui­ dated claims payable to or recoverable by tbe district council.
(c)	All suits, actions and proceedings pending im­ mediately before the appointed day at the suit of or on behalf of the Crown or the Minister for
.	Education in respect of any matter or claim Avhich relates to the provision, maintenance, control or management of technical education in the district, shall respectively be suits, actions

~

and proceedings pending at the suit of the dis­

trict council.

(d") The district council may pursue iLc same re­

medies for the recovery of any such moneys and

claims and for the prosecution of such suiis,

actions,

Technical Education Act. 235

actions, and proceedings as the Crown or the	'
Minister for Education or person acting for or on behalf of the Crown or such Minister might have done but for this Act.

D ivision 5.—Officers and employees.

46. (1) Subject to subsection two of this section all omccrsana

officers and employees necessary to enable the district employees,

council to exercise and discharge the powers, authorities,

duties and functions conferred and imposed upon it by

this Act shall be persons appointed under and subject

to the provisions of the Public Service Act, 1902, as

amended by subsequent Acts; and every such officer and

employee shall continue to be subject to the said Acts

during his tenure of office or employment; and the per­

manent head of the Department of Education shall in

relation to such officers and employees be the “ per­

manent head” within the meaning of the said Acts.

(2) The district council may from time to time

employ and dismiss such casual employees as it deems

necessarjx

Part-time teachers shall be deemed to be casual em­ ployees for the purposes of this subsection.

A casual employee (being a part-time teacher) shall not be employed under tliis subsection for a period exceed­ ing twelve months, but may be re-employed under this subsection, from time to time, for a further period or periods not exceeding twelve months at any one time.

A casual employee (not being a part-time teacher) shall not be employed under this subsection for a period exceed­ ing six months, but may be re-employed under this sub­ section, from time to time, for a further period or periods not exceeding six months at any one time.

Every emplojunent and re-employment of a casual employee under this subsection shall be reported forth­

with to the Public Service Board which shall have power	'
to review the employment or re-employment so reported; and any direction given in relation thereto by the Public Service Board shall be carried out by the district council.

(3)

236                  Technical Education Act.

0. 2^ , purpose of exercising and discharg­ ing the powers, authorities, duties and functions con­ ferred and imposed on a district council by this Act, the district council may, with the approval of the Minister of the Department concerned and of the Public Service Board, on such terms as may be arranged, make use of the services of any of the officers or employees of any Government Department.

Principal. 47. (1) There shall be a Principal of the College which

is under the control of a district council.

(?) The Principal shall be the chief executive officer of the district council.

(3) A district council may in accordance with the

regulations delegate to the Principal any of the powers, authorities, duties and functions conferred and imposed upon the district council by this Act; such delegation may be made generally or for any particular case or class of cases.

A delegation under this section shall be effective dur­ ing the period specified in the resolution by which such delegation is made, but shall be subject to revocation by tlie district council by resolution at any time during such period.

The Principal, wffien acting within the scope of any delegation made to him under this section, shall be deemed to bo the district council.

PAET V.

D e a l in g s w i t h l a n d .

48.       (1) A district council may acquire land for any

purchase. ̂

ap p rop ria tion	purpose of this Act, by lease or purchase, or by appro-
of. Act No. 41,	I'lriation or resumption in accordance with this Part.
1919, s. 532.

o r resum ption .

Lease. (2) The acquisition of land by a district council by

cf . l hid .	lease for a term exceeding two years shall not have effect
8. 533.	unless and until approved by the Governor.
Purchase,	(3) The acquisition of land by a district council, shall not have effect unless approved bv the Governor.
cf. Ih\d.	by purchase for any sum exceeding one thousand pounds,

8. 534.

' (4)

Technical Education Act. 237

(4) Where the district council proposes to acquire land for any purpose, it may also acquire other land adjoining or in the vicinity.

cf. Act No. 41,

1919, s. 535.

(5) (a) Where a district council proposes to Method of

acquire land by appropriation or resumption it may apply lesumption. cf. Ibid.

to the Governor through the Minister.	a. 536.
(b) The district council shall make such pro­ vision (if any) as the Governor may require for the pay­ ment of compensation for the land together with interest and all necessary charges and expenses incidental to the appropriation or resumption.

(c) The Governor may authorise the appro­

priation or resumption of the land.

(d) Thereupon the Governor may—

(i)  appropriate or resume the land by Gazette noti- tication under Division 1 of Part V of the Public Works Act, 1912; and

(ii)  notify that the land is vested in the district council.

(e) Thereupon the land shall vest in the dis­

trict council.

(f) For the purposes of the Public Works Act, 1912, such appropriation or resumption shall be deemed to be for the purpose of carrying out an authorised work within the meaning of that Act.

(g) I t shall not be compulsory for the Governor to take the whole of any parcel of vacant land in any case where the district council requires a portion only, except where—

(i)  the residue so left would be less in area than is required by the law for the time being in force and applicable thereto for a building allotment; and

■ (ii) the owner so desires.

49.        (1) No sale of any land vested in or held by a Sales and

district council for the purposes of this Act shall have any force or effect until the same has been approved by the Governor.

̂ (2)

238                 Technical Education Act.

No. 20, 1940.

(2) No lease of any land vested in or held by a

district council for the purposes of this Act, except a lease made in accordance ivith the regulations, shall have any force or effect until the same has been approved by tlie Governor.

PART VI.

E d u c a t io n .

Council of	50. Tliere shall be in each district a' council of studies which shall be constituted in accordance with the regula­ tions, and 'which shall exercise and perform such powders, authorities, duties and functions as may be prescribed by tlie regulations.
studies.

Committees. 51. (1) (a) A district council may from time to time

constitute such committees as it considers necessarju

(b) The Sydney Technical Education District

Council shall constitute a Sydney Technological Museum committee.

(2) Any committee constituted under this section

shall consider any matter referred to it by the district

council and furnish a report thereon.

Advisory	52. (1) A district council shall, in the manner pre­ scribed by the by-laws, cause to bo constituted an advisory committee in respect of each course of instruction pro­ vided by or carried on under the district council.
committees.
(2) An advisory committee shall, where practic­ able, consist of representatives of employers and em­ ployees in the professional, industrial or commercial occupations in connection with which the course of in­ struction is provided or carried on.
(3) An advisory committee shall, from time to time, furnish such advice and information relating to the course of instruction in respect of which it is constituted, as it deems fit, and shall exercise and discharge such further functions and duties as may be prescribed by the by-laws.

(4)

■ '

Technical Education Act. 239

(4) Any advisory committee existing immedi­

ately before the appointed day shall, subject to any by­ laws made in that behalf, be deemed to have been con­ stituted under this section.

5 3 . A district council may arrange with the Minister, Training

upon such terms and conditions as may be agreed upon between the district council and the Minister, for the con­ duct of training courses for officers and employees of the district council.

5 4 . (1) It shall be lawful for a district council to Arrange-

enter into an arrangement with any other district coun-

'

cil, or with any other person or body of persons for the district

i

instruction of students within or outside its district, or councils,

for the conduct of such instruction by either party to the

arrangement.

(2) A district council which is a party to any such arrangement sliall have and may exercise all such powers, authorities and functions as may be necessary to carry such arrangement into effect.

5.5. (1) A district council shall, if the IMinister so Correspond-

directs, provide such facilities for technical education to enco courses,

students outside the district (whether by way of corre-

'

spondcnce courses or otherwise) as the Minister may

specify in the direction.

(2) A district council shall, if the Minister so directs, require its officers and employees to render such services for or on behalf of technical education institu­ tions, other than tliose in its district, as the Minister may specify in the direction.

(3) Where the Minister is satisfied that the public interest renders necessary the establishment in a district of a course of instruction in technical education for which no provision or no adequate provision has already been made by the district council, he may direct the district council to establish and conduct such course of instruction in the manner and subject to the provisions specified in the direction; and the district council shall comply with the direction of the Minister accordingly.

5(>. (1) The Technical Education Board may subject Diplomas, '

to and in accordance with the regulations grant State

diplomas and issue State certificates of proficiency in ships. „

. technical

240                  Technical Education Act.

°* -- ■	technical or trade subjects either separately or jointly
with the Department of Labour and Industry, district councils and/or other institutions interested in the main­ tenance of satisfactory standards of technical education.
(2) The Technical Education Board may grant an associateship or a fellowship of any particular college to any person who satisfies that Board that he possesses such qualifications and has complied with such terms, conditions and requirements as may be prescribed by the regulations.
Upon the recommendation of the council of tie Xew South Wales Institute of Technology, the Governor may by proclamation published in the Gazette declare that on and from a date to be specified therein the pro­ visions of this subsection shall cease to have effect, and such proclamation shall operate according to its tenor.
(3) A district council may grant diplomas and issue certificates of the college to any person who satisfies the Technical Education Board that he has passed ex­ aminations of a standard prescribed by that Board, and has complied with such requirements and conditions as may be prescribed by that Board.
Any such examination may at the discretion of the Technical Education Board be conducted by that Board or by the district council or by such other authority as the Technical Education Board may determine.

By-laws. 57. (1) The power to make by-laws conferred Upon a

district council by this Act shall include power to make by-laws in relation to the council of studies constituted

in the district and in relation to any committee con­

stituted for and in respect of such district council under

this Part.

(2) Such by-laws may—

(a)	prescribe the manner in which or the method by Avhich the chairman and deputy chairman of such council of studies or of any such committee shall bo appointed or elected;
(b)	prescribe the number of members of such council or of any such committee which shall constitute a quorum for the purpose of meetings of such council or committee;

(e)

Technical Education Act. 241

(c) proscribe the manner in wliicli meetings of sncli

council or of any such committee shall be con­

vened ;

'

(d) prescribe the procedure for the conduct of busi­ ness at meetings of such council or of any such committee.

(3) Until by-laws are made under paragraphs (c) and (d) of subsection two of this section, the pro­ cedure for the calling of meetings of the council of studies or of a committee and for the conduct of business at such meetings and the times at which such meetings shall be held shall be as determined by the council of studies or the committee, as the case may be.

PART VII.

T e c h n ic a l E d u c a t io n B oard .

58. (1) (a) As soon as practicable after the day Constitution

appointed pursuant to subsection one of section eight of EduStion̂ ̂

this Act, there shall be constituted a Technical Education Board. _ |

Board which shall subject to paragraph (b) of this sub­ section consist of the Superintendent of Technical Educa­ tion, the Principal of the Sydney Technical College, the Principal of the Newcastle Technical College, and two other persons who shall be appointed by the Governor. One of the persons so appointed shall be a member of the Sydney Technical Education District Council and the other shall bo a member of the Newcastle Technical Education District Council.

(b) As soon as practicable after the date upon which the first new district council is constituted pursuant to section ten of this Act two additional mem­ bers shall be appointed by the Governor to the Technical Education Board.

One of such members sliall be appointed as the repre­ sentative of the principals of colleges of districts estab­ lished under section six of this Act; and the other shall be appointed as the representative of district councils constituted under section ten of this Act.

(c)

242                 Technical Education Act.

No. 20, 1940.

(c) Members of the Technical Education

Board appointed by the Governor under this subsection are in this Part referred to as “ appointed members.”

(2) The Superintendent of Technical Education shall be the chairman, and the Principal of the Sydney Technical College the deputy chairman of the Technical Education Board.

(3) The provisions of the Public Service Act, 1902, or of any Act amending that Act shall not apply to the appointment of appointed members, and such mem­ bers shall not, in their capacities as such members, be subject to tlie provisions of any of such Acts during their term of office.

(4) The Governor maj' at any time remove from office any appointed member.

(5) The appointed members shall, subject to this Part, hold office for a term of three years from the date of their appointment, and be eligible for re-appointment from time to time for a like term.

(6) If any appointed member—

(a) dies; or

(b)	resigns his office by writing under his hand addressed to the Governor; or
(c)	fails to give his attendance at four consecutive meetings of the Technical Education Board without leave of absence granted by that Board;

(d) is removed from office by the Governor,

his office shall thereupon become vacant, and the Governor may, subject to this Part, appoint a person to take the place of the member whose office has become vacant.

(7) Any person so appointed to take the place of an appointed member whose office has become vacant shall, subject to this Part, hold office for the remainder of the term for which his predecessor was appointed.

(8) In case of the illness or absence of the chair­

man of the Technical Education Board, the powers and

authorities of such chairman shall, unless a person has

liecn

Technical Education Act. 243

been appointed to act in bis place loursuant to sub-

'

section thirteen of this section, be exercised during such

illness or absence by the deputy chairman.

(9) No act or proceeding of the Technical Educa­ tion Board shall bo invalidated or prejudiced by reason only of the fact that at the time when such act or proceed­ ing was done taken or commenced there was a vacancy in the office of any one member.

(10) The procedure for the calling of meetings of the Technical Education Board, and the conduct of business at such meetings and the times at which such meetings shall be held, shall, subject to any regulations in relation thereto, be as determined by the Technical Education Board.

(11) Any three members of the Technical Educa­ tion Board, one of whom shall be the chairman or the deputy chairman, shall form a quorum for the purpose of transacting any business of the Technical Education Board.

(12) Any duly convened meeting of the Technical Education Board at Avhich a quorum is present shall be competent to transact any business of the Technical Edu­ cation Board.

At any such meeting the chairman or, in his absence, the deputy chairman, shall, in the event of an equal divi­ sion of votes on any question, have a second or casting yote.

(13) In case of the illness or absence of the Superintendent of Technical Education, or of the Prin­ cipal of the Sydney Technical College, the Governor may appoint a person to act in the place of such Superinten­ dent or Principal during such illness or absence, and any person so appointed shall, whilst so acting, be deemed, for all purposes of this Part, to be the Superintendent of Technical Education or the Principal of the Sydney Technical College as the case may be.

(14) Each appointed member of the Technical Education Board (other than a member employed by or on behalf of the Crown in right of the State of New South Wales) shall be entitled to receive as remuneration for

his

244                  Technical Education Act.

Mo. 20,1940.	services a foe for each meeting of the Technical Edu­ cation Board at which he attends, of such amount as may be prescribed by the regulations; but an appointed member shall not be entitled to receive, by way of fees aforesaid, an amount which in the aggregate exceeds one hundred pounds in any one year.
(15) The Technical Education Board may pay out of its fund to or on behalf of its members allowances for conveyance and subsistence in travelling to and from meetings of that Board, or upon the business of that Board, at such rates as may be prescribed by the regula­ tions. Such allowances shall be paid out of the Technical Education Board Fund.
(16) The office of a member of the Technical Education Board shall not, by reason only of the receipt by him of any fee or allowance in pursuance cf tliis section, be deemed to be an office or place of profit under the Crown for the purposes of the Sydney Corporation Act, 1932-1934, or the Constitution Act, 1902, as amended by subsequent Acts.

General	5 9 . (1) The Technical Education Board shall—
functions of

Technical (a) determine from time to time the amounts which, Parliament for payment into the respective funds of the district councils and the Technical Education Board, and furnish to the Minister a report in relation thereto;

Education	in its opinion, are required to be provided by
Board.

(b)	consider and recommend to the Minister any amendments of existing legislation and pro­ posals for future legislation which, in its opinion, are necessary for carrying into effect any of the objects or purposes referred to in this Act, or of any other object or purposes dealing with or affecting technical education;
(c)	exercise and discharge, in respect of that portion of New South Wales which is not situated within a district established by or under this Act, such of the powers, authorities, duties and functions conferred and imposed by this Act upon a dis­ trict council as may be prescribed by the regu­ lations ;

( d ) ,

- -I - '

Technical Education Act. 245

(d)	make or cause to be made, from time to time, careful inquiry into the administration and man­ agement of every Technical College and tech­ nical education institution under the control of a district council or of the Technical Education Board in the State;
(e)	cause every technical college and technical education institution in the State to be inspected from time to time and at least once in every financial year;
(f)	exercise and discharge such other powers, authorities, duties and functions in relation to technical education in the State as the Minister may, from time to time, by writing under his hand, direct.

(2) The Technical Education Board shall not be capable of exercising or discharging any of the powers, authorities, duties or functions referred to in paragraph (c) or paragraph (d) or paragraph (e) of subsection one of this section at any time before the day appointed pur­ suant to subsection one of section forty-one of this Act in respect of the Sydney Technical Education District and the Newcastle Technical Education District.

(3) In making any determination in relation to a district council pursuant to paragraph (a) of subsec­ tion one of this section the Technical Education Board shall, with regard to each district council, take into consideration—

(a)	the financial position of the district council and the amount likely to be contributed to it during the financial year otherwise than from moneys provided by Parliament;
(b)	the probable requirements for capital and main­ tenance expenditure;
(c)	the probable net receipts (other than probable receipts under section seventy-eight of this Act) and expenditure for the financial year;
(d)	the general conditions and management of the technical education institutions under the control of the district council;

( e )

246                  Technical Education Act.

No. 2^1940. nature and extent of the services rendered by the technical education institutions under the control of the district council;

(f)	any exceptional circumstances of the district; and
(g)	such other matters as are prescribed by the regulations or as the Technical Education Board thinks fit.

Officers and	6 0 . (1) Subject to subscctioii two of this section all officers and employees necessary to enable the Technical Education Board to exorcise and discharge the powers, authorities, duties and functions conferred and imposed upon it by this Act shall be persons appointed under and subject to the provisions of the Public Service Act, 1902, as amended by subsequent Acts; and every such officer and employee shall continue to bo subject to the said Acts during his tenure of office or employment; and the permanent head of the Department of Education shall in relation to such officers and employees be the “ per­ manent head” within the meaning of the said Acts.
employees,
(2) The Technical Education Board may from time to time employ and dismiss such casual employees as it deems necessary.
Part-time teachers shall be deemed to be casual em­ ployees for the purposes of this subsection.
A casual employee (being a part-time teacher) shall not be employed under this subsection for a period ex­ ceeding tv/elve months, but may be re-employed under this subsection from time to time for a further period or periods not exceeding twelve months at any one time.
A casual employee (not being a part-time teacher) shall not bo employed under this subsection for a period exceeding six months, but may bo re-employed under this subsection, from time to time, for a further period or l^eriods not exceeding six months at any one time.
Every employment, re-employment and dismissal of a casual employee under this subsection shall be reported forthwith to the Public Service Board which shall have power to review the employment or re-employment so reported; and any direction given in relation thereto by the Public Service Board shall be carried out by the
Technical Education Board. (3)

. - J ? * V .

Technical Education Act. 247

No. 20, 194 0

(3) For the purpose of exercising and discharg­

ing the powers, authorities, duties and functions con- ferix'd and imposed on the Technical Education Board by or under this Act the Technical Education Board may, with the approval of the Minister of the Department concerned, and of the Public Service Board on such terms as may be arranged, make use of the services of any of the officers or employees of any Government Department.

6 1 . (1) The Technical Education Board shall, as soon Annual

as practicable after the thirty-first day of December in each year, cause a report of its work during the year ending on that date to be prepared and forwarded to the Minister for presentation to Parliament.

(2) The report shall contain such information as

may be proscribed by the regulations.

6 2 . (1) The Superintendent of Technical Education Chief

shall be the chief executive officer of the Technical Edu­

cation Board.

(2) The Technical Education Board may, with the approval of the Minister, by resolution in that behalf, delegate to the Superintendent of Technical Education any of the powers, authorities, duties and functions con­ ferred and imposed upon the Technical Education Board by or under this Act; such delegation may bo made gener­ ally or for any particular case or class of cases.

A delegation under this section shall be effective dur­ ing the period specified in the resolution by which such delegation is made, but shall bo subject to revocation by the Technical Education Board by resolution at any time during such period.

The Superintendent of Technical Education, when act­ ing within the scope of any delegation made to him under this section, shall be deemed to be the Technical Educa­ tion Board.

6 3 . The Technical Education Board may with the Use of

approval of the Minister make use of any building and

any equipment of the Department of Education.

PART

248                  Technical Education Act.

No. 20, 1940.

PAET VIII.

New South W ales I nstitute of T echnology.

Interpreta­

tion. 0 4 . In this Part of this Act—

“ Council” means the council constituted under this Part of this Act.

“ Institute” means the New South Wales Institute of TedmologjL

Council to	6 5 .	(1) Upon a date to he appointed by the Governor
be a body

corporate.	and notified by proclamation published in the Gazette a council shall be constituted in accordance with this Part of this Act.
(2) The council shall be a body corporate under the corporate name of the “ New South Wales Institute of Technology,” shall have perpetual succession and a common seal, may sue and be sued in its corporate name, and shall, for the purposes of carrying out the powers, authorities, duties and functions conferred upon it by this Part of this Act, be capable of purchasing, holding, granting, demising, disposing of and alienating real and personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.
(3) The common seal of the Institute shall bo kept in the custody of the chairman of the council, or of such councillor as the council ma}' determine, and shall not be affixed to any instrument or writing except under a resolution of the council, and in the presence of two of the members thereof who shall attest by their signatures the fact and date of the seal being so affixed.
(4) All courts and persons having by law or con­ sent of parties authoritj- to hear, receive and examine evidence—

(a)	shall take judicial notice of the common seal of the Institute affixed to any instrument or writ­ ing; and
(b)	shall, until the contrary be proved, presume that such seal was properly affixed thereto.

Technical Education Act. 249

(1) The council of the Institute shall, subject to councillors who shall be appointed by the Governor. *

6 6 . subsection two of this section, consist of thirty-three Constitution

of council.

The councillors so to be appointed shall be—

̂	(a)	the persons for the time being holding the offices of Vice Chancellor of the University of Sydney, the Director of Education, the Superintendent of Technical Education, Principal of the Sydney Technical College, and Principal of the New­ castle Technical College;
(b)	four persons who shall be nominated by the Senate of the University of Sydney;
(c)	two persons who shall be nominated by the Sydney Technical Education District Council;
(d)	two persons who shall be nominated by the New­ castle Technical Education District Council;
(e)	one person who shall be elected by the Members of the Legislative Council;
(f)	one person who shall be elected by the Members of the Legislative Assembly;
(g)	six persons who shall be nominated respectively by the Eojml Society of New South Wales, the Eoyal Australian Institute of Architects (New South Wales Chapter), the Board of Optometri- cal Eegistration, the Australian Chemical Insti­ tute (New South Wales Branch), the Com­ mittees of the Sydney Division and Newcastle Division of the Institution of Engineers, Aus­ tralia, acting jointly, and the Institute of Physics (New South Wales Division);
(h)	one person who shall be nominated by the Minister to represent societies of artists;
(i)	five persons who shall respectively be elected in accordance with the regulations by the teaching staffs of each of the following departments of technical colleges, namely:—architecture, art, chemistry, electrical engineering and mechanical engineering;

(J) three persons who shall be elected in accordance with the regulations by the members of the Institute;

‘ ( k )

250                  Technical Education Act.

No. 20 ,1940.

(k) three persons who shall he nominated hy the Minister.

(2) (a) Where the Governor is satisfied, upon the recommendation of the council, that an additional councillor should he appointed to the council to represent one or more bodies of persons he may, from time to time by proclamation in the Gazette, name or otherwise describe such body or bodies.

(h) The Governor may appoint a person

nominated in accordance with the regulations by a body or bodies so named or described, to be an additional councillor.

(c) Not more than two additional councillors shall hold office as members of the council at one and the same time.

(d) The Governor may, from time to time by proclamation published in the Gazette, amend any pro­ clamation published under paragraph (a) of this subsection hy omitting the name or description of a body appearing therein or by adding the name or description of any otlier body.

(3) (a) The councillor to be elected by Members of the Legislative Council shall be so elected as soon as practicable after the commencement of the term of ser­ vice of the fifteen Alembers of the Legislative Council elected at each triennial election of Members of the said Council:

Provided that the councillor to be elected by Members of the Legislative Council for the first constitution of the council of the Institute shall be so elected on a day to be appointed by the Governor.

(b)» A councillor elected by Members of the Legislative Council shall hold office until his successor has been elected under this subsection.

(4) (a) The councillor to be elected by Members of the Legislative Assembly shall be so elected as soon as practicable after every general election of Members of the Legislative Assembly:

Provided that the councillor to he elected by Members of the Legislative Assembly for the first constitution of the council of the Institute shall be so elected on a day to be appointed by the Governor.

(b)

Technical Education Act. 251

(b) A councillor elected bv Members of the -J— '

Legislative Assembly shall hold office until his successor has been elected under this subsection.

(5) (a) The first election of the three persons referred to in paragraph (j) of subsection one of this section shall be held upon a date to be fixed by the Governor by notification published in the Gazette.

(b) The date fixed shall be within twelve months after the date appointed under subsection one of section sixty-five of this Act for the constitution of the council of the Institute.

(c) For the purposes of the first constitution of the council of the Institute the seats of the three coun­ cillors mentioned in paragraph (j) of subsection one of this section may be filled by throe persons appointed by the Governor upon the nomination of the Minister.

The term of office of the persons so appointed shall expire upon the date upon which the first election referred to in paragraph (a) of this subsection is held.

(6) A person shall not be qualified to be appointed as a councillor under paragraph (i), paragraph (j) or paragraph (k) of subsection one of this section unless he is an Associate or Fellow of the Sydney Technical Col­ lege, or is the holder of a State diploma, or is a member of the Institute:

Provided that, for the purposes of the first constitu­ tion of the council, a person who does not possess any of the qualifications referred to in this subsection may bo nominated or elected for appointment as a councillor, and may be so appointed if the Governor thinks fit.

(7) A councillor appointed under paragraph (a) of subsection one of this section shall hold office as a councillor whilst he continues to hold the office by virtue of which he is so appointed.

(8) Except where otherwise provided in this sec­

tion the tenure of office of a councillor shall be two years.

(9) A person who retires from the office of coun­

cillor V)y reason of the expiration of his term shall be

eligible for re-appointment if otherwise qualified.

(10) No act or proceeding of the council shall be

invalidated or prejudiced by reason only of the fact that

at

252                  Technical Education Act.

Ho. 20, 1940.	time when such act or proceeding was done, taken or commenced any vacancies existed in the offices of councillors.
(11) The councillors shall elect one of their num­ ber to be chairman and another to be vice-chairman:
Provided that the first chairman shall be appointed by the Governor and shall, unless he resigns his office as chairman by writing addressed to the Governor, hold such office while he continues to be a member of the council.
The chairman, or in his absence the vice-chairman, shall preside at all meetings of the council.
In the absence of the chairman and the vice-chairman the councillors present at a meeting shall elect one of their number to preside at that meeting.
(12) The number of councillors who shall form a quorum for the purposes of any meeting of the council shall be as prescribed by the regulations.
The procedure for the calling of meetings of the council and for the conduct of business at such meetings shall be as determined by the council.
Any duly convened meeting of the council at which a quorum is present shall be competent to transact any business of the council, and shall have all the powers and authority conferred upon the council by this Part of this Act.
(13) Until the council otherwise determines the Registrar of the Sydney Technical College shall be the Secretary to the Institute.

Powers and	6 7 . (1) The objects of the council shall be—
functions of

Institute.

(a) to advise the Technical Education Board on all matters concerning the determination, mainten­ ance and preservation of standards for all State diplomas;

(b)	to encourage, by all means which the council may deem appropriate, scientific and technologi­ cal research and the application of science to industry;
(c)	to promote tlie increase and diffusion of know­ ledge concerning technological processes;

t,d) to prescribe the terms and conditions under

which persons may be admitted to membership

, - ,p ,l

Technical Education Act. 253

No. 20, 1940.

of the Institute, including the qualifications necessary to render a person eligible for such membership;

(e)	to provide for the establishment of fellowships and associateships of the Institute;
(f)	to provide for the admission to a fellowship or associateship of the Institute of any member thereof who has, to the satisfaction of the coun­ cil, pursued an advanced course of study approved by the council, or who has made a distinguished contribution to art, architecture, science or technology;
(g)	to provide for the admission of any person whether a member of the Institute or not to a fellowship or associateship of the Institute, honoris causa or ad eundem gradum.

(2) Every person who, immediately before the date appointed under subsection one of section sixty-five of this Act, is an Associate or a Fellow of the Sydney Technical College, and every person to whom the Tech­ nical Education Board has, before such date, granted an associateship or a fellowship of the Sydney Technical College, shall, by virtue of this subsection, be an associate or a fellow, as the case may be, of the Institute.

(3) The council shall have power to charge fees for such purposes connected with the carrying out of its objects as may be prescribed by the regulations.

PART IX.

F in a n c e .

D ivision 1.— General.

6 8 .         (1) On the day appointed pursuant to subsection Egtabiish-

nical Education District and the Newcastle Technical

Education District, there shall be opened, within the

one of section forty-one, in respect of the Sydney Tech- m e n to f as follows:—

(a) An account for the Sydney Technical Education District Council, which shall be called the Sydney

Technical

254                  Technical Education Act.

No. 20, 1940.

Technical Education District Fund, and which may be operated upon by the said council for the purposes of this Act in the manner pre­ scribed by regulations.

(b)	An account for the Newcastle Technical Educa­ tion District Council, which shall be called the Newcastle Technical Education District Fund, and which may be operated upon by the said council for the purposes of this Act in the man­ ner proscribed by regulations.
(c)	An account for the Technical Education Board, wliich shall be called the Technical Education Board Fund, and which may be operated upon by the said Board for the purposes of this Act in the manner prescribed by regulations.

(2) On the day appointed pursuant to subsection one of section forty-one of this Act in respect of any new district established after the commencement of this Act there shall be opened, within the Colonial Treasurer’s accounts, an account for the district council of that dis­ trict, which shall be the fund of that district council, and may be operated on by that district council for the pur­ poses of this Act in the prescribed manner.

(3) Subject to subsection five of this section there shall be paid to the credit of the respective funds of the district councils and the Technical Education Board—

(a)	all moneys provided by Parliament to meet the requirements of the district council or Technical Education Board, as the case may be, in carry­ ing out the provisions of this Act;
(b)	all other money received by the district council or Technical Education Board, as the case may be, from any other source, except to the extent necessary to carry out the provisions of section seventy-eight of this Act.

(4) There shall be paid out of the fund of each

district council and of the Technical Education Board—

(a) all sums required to meet the costs and expenses of the district council or the Technical Education Board, as the case may be, in carrying out the provisions of this Act, including the salaries,

wages,

Technical Education Act. 266

No. 20. 1940.

wages, allowances or otlier remuneration of officers and employees engaged in the carrying out by the district council or the Technical Education Board, as the case may be, of the provisions of this Act;

(h) any sums required or permitted hy this or any other Act to be paid out of the fund.

(5) The proceeds of the sale by a district council

of any property transferred to it under section forty-five of this Act shall be credited to the vote or votes from which such property Avas originally acquired.

6 9 . Each district council and the Technical Educa- Accounts,

tion Board respectively shall cause to be kept proper books of account, and shall, as soon as practicable after the thirtietli day of June in each year, prepare and trans­ mit to the l\Iinister for presentation to Parli.ament state­ ments of accounts in a form approved by the Auditor- General, exhibiting a true and correct view of the finan­ cial position and transactions of the district council or the said Board as the case may be.

70 . The accounts of a district council and of the Audit.

Technical Education Board shall be audited by tlie Auditor-General, who shall have, in respect thereof, all the powers conferred on the Auditor-General by any law now or hereafter to be in force relating to the audit of ]iublic accounts; and the Audit Act, 1902, and Acts amending the same, shall apply to the district council and the Technical Education Board, the members of the district council and of the said Board, and the officers and employees engaged in the carrying out by the district council or the said Board as the case may be of the jiro- visions of this Act in the same manner as it applies to accounting officers of public departments.

71 . Each district council and the Technical Education Fees-

Board respectively may, subject to any regulations made in that behalf, charge such foes for instruction as may be fixed by the by-laws.

All fees received by the district council or the Tech­ nical Education Board, shall be paid into the fund of the district council or of the Technical Education Board as the case may be.

256                  Technical Education Act.

No. 20, 1940. Each district council and the Technical Edu- Estimates. cation Board respectively shall, in the month of May

in each year or at such other time or times as may he required by the Minister, prepare and supply to the Minister, in a form prescribed by regulations made under the provisions of the Audit Act, 1902, estimates of the income from all sources and of the expenditure proposed for the financial year commencing on the first day of July following, or for any other period specified by the Minis­ ter.

(2) The district council shall on request furnish

the Minister with all the information at its disposal relat­ ing to any item of the estimated income or expenditure.

D ivisiok 2.— Loans.

Borrowing. 7 3 . (1) A district council may, from time to time, with the approval of the Governor, borrow money for—

(a) the provision of facilities for technical educa­ tion;

(b) the acquisition of land;

(c) the renewal of loans;

(d) the discharge or partial discharge of any in­ debtedness to the Colonial Treasurer or to any bank.

The a'pproval of the Governor under this subsection shall not be given except upon the recommendation of the Colonial Treasurer.

(2) Money shall not be borrowed under this sec­ tion for maintenance or repair works.

(3) For securing repayment of the principal and interest on any moneys borrowed under this section the district council shall issue debentures or inscribed stock as prescribed by the regulations.

(4) The due repayment of the debentures and in­ scribed stock, and the interest thereon shall be a charge upon the revenue of the district council from fees received by it under section seventy-one of this Act, and is hereby guaranteed by the Government. Any liability arising from such guarantee shall be payable out of moneys pro­ vided by Parliament.

(5):

Technical Education Act. 267

(5) If a district council borrows any money by the issue of debentures or inscribed stock, without having first obtained the approval of the Governor, every member holding office who has knowingly and wilfully, or for any personal benefit or advantage, consented to the borrowing shall be liable to a penalty not exceeding five hundred pounds.

The action to recover the penalty shall not be taken without the written consent of the Attorney-General.

(6) A district council shall not borrow money otherwise than in accordance with this Part.

7 4 . and in respect of debentures and inscribed stock issued by f,“scribed (1) The provisions of this section shall apply to Debenturei

a district council.	stock.
(2) Debentures and inscribed stock shall be issued in accordance with the regulations.
(3) Every debenture and every coupon originally annexed to the debenture and whether separated there­ from or not shall be transferable by simple delivery.
(4) Inscribed stock shall be transferable in the books of the district council in accordance with the regulations.
(5) Debentures or inscribed stock issued under this Act shall be deemed to be included in the general exemptions from stamp duty under Part III of the Stamp Duties Act, 1920-1939, contained in the Second Schedule to that Act.
(6) The holder of a coupon originally annexed to a debenture and whether separated therefrom or not, shall be entitled to receive payment from the district council of the interest mentioned in the coupon upon the presen­ tation of the same on or after the date when and at the place where the interest is payable.
(7) Any trustee, unless expressly forbidden by the instrument (if any) creating the trust, may invest any trust moneys in his hands in stock inscribed by the district council, and the investment shall be deemed to be ah investment authorised by the Trustee Act, 1925-1938, or any Act replacing the said Act.

I (8)

258                 Technical Education Act.

No. 20, 1940.

(8) Any debenture issued or stock inscribed by the district council shall be a lawful investment for any moneys which any company, council, or body corporate incorporated by any Act of Parliament of New South Wales is authorised or directed to invest in addition to any other investment expressly provided for the invest­ ment of such moneys.

(9) No notice of any trust expressed, implied, or constructive shall be received by the district council or by any officer or employee of the district council in rela­ tion to any debenture or coupon issued or stock inscribed by the district council.

(10) (a) If any debenture issued by the district council is lost or destroyed or defaced before the same has been paid, the district council may, subject to the provisions of this subsection, issue a new debenture in lieu thereof.

(b) The new debenture with interest coupon annexed shall bear the same date, number, principal sum and rate of interest as the lost, destroyed or defaced debenture.

(c) When the debenture is lost or destroyed

the new debenture shall not be issued unless and until—

(i)   a judge of the Supreme Court has been satisfied

1)3" affidavit of the person entitled to the lost or

destroyed debenture, or of some person approved by the judge, that the same has been lost or destroyed before it has been paid off;

(ii)   such advertisement as the judge ma}̂ direct has been published;

(iii)   six months have elapsed since the publication of the last of the advertisements;

(iv)   sufficient security has been given to the district council to indemnify it against any double pay­ ment if the missing debenture be at any time thereafter presented for payment; and

(v)  the cost of advertising and all other costs in­ curred in replacing such missing or lost deben­ ture shall have been repaid to the district council incurring such costs.

( d )

Technical Education Act. 259

(d) When the debenture is defaced the new debenture shall not be issued unless and until the defaced debenture is lodged with the district council for can­ cellation.

(e) The provisions of this subsection shall, mutatis mutandis, extend to the case of a lost, destroyed or defaced coupon.

(11) All debentures or inscribed stock shall rank pari passu without any preference one above another by reason of priority of date or otherwise.

7 5 . The Colonial Treasurer may advance such moneys Advances b/

to a district council as the Governor may approve upon '

such terms and conditions (if any) as to repayment and

interest as may be agreed upon.

7 6 . (1) A person advancing money to the district riotection

•council shall not be bound to inquire into the application ■of the money advanced or to be in any way responsible for the non-application or misapplication thereof.

(2) A notification in the Gazette that the Governor

has approved a borrowing by the district council shall, in favour of a lender and of any holder of a security given by the district council, be conclusive evidence that all conditions precedent to the borrowing have been complied with, that the approval of the Governor to the borrowing has been given upon the recommendation of the Colonial Treasurer, and that the prescribed limits of borrowing have not been exceeded.

7 7 .

money in excess of an amount which will cause five per '̂ "'■rowing,

•centum of the total amount of its loan indebtedness to

exceed the estimated revenue of the district council from

fees received by it under section seventy-one of this Act

in respect of that year.

A district council shall not in any year borrow Limit of

PART

260                   Technical Education Act.

Mo. 20, 1940.

PART X.

G eneral .

D ivision 1.— Gift, bequest and devise.

Power lo	7 8 .	(1) A district council shall have power to
accept

gifts, etc. acquire by gift, bequest or devise any property for any of the purposes of this Act, and to agree to and carry out the condition of any such gift, bequest or devise.

Rule against	(2) The rule of law relating to perpetuities
perpetuities

not to apply	shall not apply to any condition of a gift, bequest or
to certain
conditions,	devise to which the district council has agreed.
cf. 17 and 18 Geo. Y, & 41»
a. 8.
D ivision 2.— Removal of members of a district council.

Bemoval of	7 9 .	(1) The Governor may, on the recommendation
members of

district	of the Minister following upon report by the Technical
eouncil.	Education Board, by order published in the Gazette—

(a)	remove all or any of the members of a technical education district council;
(b)	direct that the management and administration of a district be carried out and controlled by the Technical Education Board, or by such person as may be, on the recommendation of the Tech­ nical Education Board, nominated in the order for such time as may be therein stated.

(2) The order may vest in the Technical Educa­ tion Board or in the person so nominated all or any of the powers of the technical education district council concerned.

D iv isio n 3.—Special power of 'Minister.

Power of	8 0 . (1) Where the district council establishes any new course of instruction or class of study and the Technical Education Board reports to the Minister that adequate provision for such instruction or study is already made otherwise than by the district council, the Minister may by writing request the district council to discontinue such course or class
Minister.

(2)

' -I'Y

Technical Education Act. 261

No. 20, 1940.

(2) Where the Technical Education Board reports to the Minister that any change in curriculum made by a district council is likely to be prejudicial to educational standards, or to affect in any way the work of other technical education institutions in the State, the Minister may if he thinks tit by writing request the district council to revert to the original curriculum, or to make such changes in the curriculum as he may specify in the request.

(3) A district council shall comply with any re­ quest made by tlie Minister under this section.

(4) (a) If any difference, whether arising out of Disputes

the construction of this Act or not, arise between two or mme*d the Technical Education Board may submit such differ­ ence to the Minister, who may refer the matter for inquiry to some person appointed by him in that behalf, or may himself make such inquiry.

more district councils or between a district council and the Minister,

the Technical Education Board, with respect to the cf. ActNo.

carrying out of the provisions of this Act or with respect

to the fulfilment or exercise of the powers, authorities,

duties or functions of any district council or the Technical

(b) The Minister may thereupon make such order or give such directions as in the public interest and in the circumstances of the case may seem to him just and equitable, and anj ̂such ox’der or direction shall be carried into effect.

D iv isio n 4 .— Vocational and pre-vocational instruction.

8 1 . (1) (a) After the expiration of twelve months Certificatea

from the commencement of this Act no person shall give fiĝ Uon' in character, unless such ))erson is the holder of a certi­ ficate issued by the Technical Education Board under and in accordance with the regulations authorising him so to do.

or offer to give for fee, remuneration or reward (whether

such fee, remuneration or reward is paid or given to such

person by or on behalf of any student or by the employer

of such person or otherwise howsoever) instruction in any

subject matter which the Glovernor by proclamation in the

(b)

262                 Technical Education Act.

No. 20, 1940.

(b) Paragraph (a) of this subsection shall not extend to or in respect of any person who gives or offers to give any instruction in his capacity as an officer or employee of the Crown or of a district council or of the Technical Education Board, or in his capacity as principal of or an employee in any school registered under this section, or in his capacity as teacher in any school certified under the Public Instruction Act, 1916, or registered under the Bursary Endowment Act, 1912.

(c) A certificate under this section may he issued subject to such terms and conditions as may he specified therein or as may he prescribed by the regula­ tions.

(d) No such certificate shall be issued unless the applicant satisfies the Technical Education Board that he possesses sufficient qualifications and capacity to enable him to give such instruction in an adequate and satisfactory manner.

(e) Any certificate issued under this subsec­ tion may be withdrawn by the Technical Education Board if the said Board is satisfied that—

(i)  the holder of the certificate no longer possesses the capacity to give such instruction in an ade­ quate and satisfactory manner; or

(ii)  the holder has contravened or failed to comply with any of the terms and conditions of the certificate.

(f) Any person who contravenes the pro­ visions of this subsection shall be liable to a penalty not exceeding fifty pounds.

(2) (a) The Minister may, upon the recommen­ dation of the Technical Education Board, register under this section any school which is in existence immediately before the commencement of this Act.

The Technical Education Board shall not make such recommendation unless it is satisfied that the school is providing efficient instruction.

(b) The Minister may, upon the recommenda­ tion of the Technical Education Board, cancel the regis­ tration of any such school.

■ The

Technical Education Act. 263

No. 20, 1940.

The Technical Education Board shall not make any such recommendation unless it is satisfied that the school is no longer providing efficient instruction.

(c) An appeal may be made as prescribed by

the regulations against the refusal of any registration or

the cancellation of any registration under this section.

The appeal shall bo heard by the apprenticcshi]) council constituted under the Industrial Arbitration (Amend­ ment) Act, 1932, as amended by subsequent Acts, for such industry as the apprenticeship commissioner may determine. The appeal shall be in the nature of a re­ hearing and the decision of the apprenticeship council upon such appeal shall be final and shall be deemed to be the decision of the Technical Education Board.

(3) The Superintendent of Technical Education, or any officer of the Education Department authorised by the Minister in writing in that behalf, may enter any premises at or upon which any instruction to which this section applies is being given or is suspected of being given for fee, remuneration or reward as referred to in subsection one of this section and may carry out such inspections, examinations and investigations as may be reasonably necessary to enable him to ascertain whether or not such instniction is being given in an adequate and efficient manner, and shall report in writing to the Tech­ nical Education Board the results of such inspections, examinations and investigations.

Any person who hinders or obstructs the Superinten­ dent of Technical Education or an officer so authorised in exercising the powers conferred by this subsection shall be liable to a penalty not exceeding ten pounds.

(4) A person whose application for a certificate under this section has been refused, or whose certificate has been withdrawn may in the manner and within the time prescribed by the regulations appeal against such refusal or withdraAval. The appeal shall be heard by the ay)prenticeship council constituted under the Industrial Arbitration (Amendment) Act, 1932, as amended by subsequent Acts for such industry as the apprenticeship commissioner may determine. The appeal shall be in the

nature

264                  Technical Education Act.

_L? nature of a rehearing, and the decision of the apprentice­ ship council upon such appeal shall be final, and shall be deemed to be the decision of the Technical Education Board and be carried into effect accordingly.

PAET XI.

E egulatioks axd B y-laws.

Bcguiationa. 8 2 . The Governor may make regulations not incon­ sistent with this Act prescribing all matters which—

(a)	are required or permitted by this Act to be pre­ scribed by regulations;
(b)	are necessary or convenient to be prescribed for carrying into effect Parts II and III, Parts V, VII, VIII, IX and X of this Act.

Bj-laivg. 8 3 . Each district council and the Technical Education Board may, with the approval of the Governor, make by-laws not inconsistent with this Act or with any regu­ lation made thereunder—

(a)	providing for the management and discipline of institutions and schools which are under the con­ trol and supervision of the district council or the Technical Education Board, as the case may be, and of classes conducted at such institutions and schools;
(b)	providing for the conduct of examinations and the granting of scholarships, exhibitions, dip­

’ lomas and certificates;

(c) providing for the establishment and regulation of classes and courses of instruction;

(d) prescribing all matters which—

(i)  are required or permitted by this Act to be prescribed by by-laws;

(ii)  are necessary or convenieut to be pre­ scribed for carrying into effect the pro­ visions of this Act other t.han of Parts II and III, Parts V, VII, VIII, IX and X or to enable the district council or the

Technical

Technical Education Act. 2 6 5

Technical Education Board, as the case	”
may be, to exercise and discharge the powers authorities duties and functions conferred and imposed upon the district council or the said board by this Act.

84. Any regulation or by-law made under this Act Eeguiation

may impose a penalty not exceeding twenty pounds for

any breach thereof.	’
Such penalty may he recovered in a summary manner before a police or stipendiary magistrate or any two justices.

85. Any regulations or by-laws made under this Act Publication

c .n .,n__	ofregula-
° u d l l	t ions and

(a) be published in the Gazette; by-laws. ;

(b)	take effect from the date of publication or from a later date to be specified in such regulations or by-laws;
(c)	be laid before botli Houses of rarli.ament within fourteen sitting days after publication if Parlia­ ment is then in session and if not, then within fourteen sitting days after the commencement of llie next session.

If either House of Parliament passes a resolution of which notice has been given within fifteen sitting days after such regulations or by-laws have been laid before such House disallowing any regulation or by-law or part thereof, such regulation, by-law or part shall there­ upon cease to have effect.

PAPtT XII.

A m e n d m e x t o f L ocal G o v e r k m e n t A c t , 1919.

8 6 . The Local Government Act, 1919, as atnended by Amendment

subsequent Acts is amended by inserting after the

words ‘Oletropolitan Moat Industry Board” in the (Definition

definition of “ Statutory body” in section four the words of

“ any district council any district council constituted under the Technical

Education Act, 1940.”

SUPPLY