Technical Education and New South Wales University of Technology Act 1949 (NSW)

TECHNICAL EDUCATION AND NEW SOUTH

WALES UNIVERSITY OF TECHNOLOGY ACT.

Act No. 11, 1949.

'GeorgeVI. An Act to make further provision for and in

eio.1̂ 1949 relation to the provision and regulation of Technical Education in New South Wales; to provide for the establishment and incor poration of a New South Wales University of Technology; to repeal the Technical Education Act, lt'40; to amend the Public Service Act, 1902, the Public Instruction Act of 1880, and certain other A cts; and for purposes connected therewith. [Assented to, 12th May, 1949.]

T ) E it enacted by tbe King’s Most Excellent Majesty, I J 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 :—^

PART I.

P reliminary.

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

^vision

Education and New South Wales University of

into Parts. Technology Act, 1949.’

(2)	This Act is divided into Parts as follows:—

PART I.— P reliminary.— s. 1.

PART II.— Technical E ducation.— ss. 2-13.

PART III.— T he N ew

S outh W ales U niversity

OF Technology—ss. 14-48.

D ivision 1.—Preliminary.—ss. 14, 15.

D ivision 2.—Incorporation of the University and

establishment of a Council thereof.—ss. 16-24.

D iv is io n

Technical Education and New South Wales

University of Technology Act.

Divisiosr 3.—Administration.—ss. 25-37.	No. 11, 1949.
D ivision 4.—Finance.—ss. 38-43. D ivision 5.—General.—ss. 44-48.

5PART IV.—A cquisition of L and.— ss. 49, 50.

PART II.

Technical E ducation.

2 . This Part of this Act shall commence upon a day to Commence-

Ibe appointed by the Governor and notified by proclama tion published in the Gazette.

3 . The Technical Education Act, 1940, and the Ttepeaiof

Technical Education (Nullification of Proclamation) Act,

1941, are hereby repealed.	Act No.
52,1941.

4 . In this Part of this Act—

Definitions.

“ Prescribed” means prescribed by this Part of this Act or by the regulations.

“ Regulations” means regulations made under this Part of this Act.

5 . (1) The Governor may, for the purpose of Department

•co-ordinating technical education throughout the State the Minister for Education.

and of carrying out or giving effect to this Part of this Education.

(2) The Minister shall, within the Department of Technical Education, provide, maintain, control and manage such facilities for and in respect of the provision ■of technical education as he may consider suitable to the requirements of the State.

(3) All powers, authorities, duties and functions -which immediately before the commencement of this Part ■of this Act were exercised and discharged by the Minister for Education in relation to the provision, maintenance, ^control and management of technical education shall,

i 5105—c

upon

66 Technical Education and New South Wales

University of Technology Act.

Mo. 11, 1949. upon and after such commencement, be exercised and

discharged by him through the Department of Technical

Education.

(4)	The provisions of the Public Instruction Act

of 1880 and of any other Act in force at the date of commencement of this Part of this Act relating to the provision, maintenance, control or management of technical education shall, so far as applicable but subject to this Part of this Act, continue to apply to and in resj)ect of the exercise and discharge by the Minister of the powers, authorities, duties and functions conferred or imposed upon him by this Part of this Act.

Director,	6.	(1) The Governor may, under and subject to the
Deputy

Director	Public Service Act, 1902, as amended by subsequent Acts,,
and	appoint a Director of Technical Education, a Deputy
Assistant
Directors of	Director of Technical Education, and two or more
Technical
Education.	Assistant Directors of Technical Education.

(2)	The Director of Technical Education shall, for

the purposes of the Public Service Act, 1902, as amended by subsequent Acts, be deemed to be the permanent head of the Department of Technical Education.

Officers and

(3) The Governor may, under and subject to the-

appoint such officers and employees as may be necessary

for the administration of this Part of this Act.

employees.

Public Service Act, 1902, as amended by subsequent Acts,.

Diplomas	7.	The Minister may, subject to and in accordance with
and

certificates.	the regulations, arrange for the grant of State diplomat and the issue of State certificates of proficiency to- persons who pass such examinations and comply with such requirements and conditions as may be prescribed.
Any such diploma or certificate shall be authenticated by the signature of such person or persons and in sueb manner as may be prescribed.

Technical	8 .	(1) There shall be a Technical Education Advisory
Education

Advisory

Council (hereinafter in this Part of this Act referred to

Council.

as the “ Council” ) which shall consist of such number of

persons as may be prescribed.

(2)

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University of Technology Act.

(2) Subject to subsection three of this section, the Tnembers of the Council shall be appointed by the Governor and shall be representative of industry, commerce, the professions, the trade union movement and ■educational authorities.	1W9.
(3) The Director of Technical Education and the Director-General of Education shall be ex officio members of the Council.
(4) The Director of Technical Education shall bo the chairman of the Council.
(5) The ineml)ers of the Council appointed by the Governor shall hold office for such period as may be prescribed.
In the case of an extraordinary vacancy in the office of any api)oi]itcd member, the Governor may appoint a person to the vacant office, and the person so appointed shall hold office for the residue of his predecessor’s term of office.
A member of the Council who vacates his office by reason of the expiration of his term shall be eligible for reappointment.
(6) The procedure for the calling of meetings of the Council and for the conduct of business at such meetings shall, subject to any regulations in relation thereto, be as determined by the Council.
(7) The number of members who shall constitute a quorum for the purposes of any meeting of the Council shall be as prescribed, and any duly convened meeting at which a quorum is present shall be competent to ■transact any business of the Council.
(8) The members of the Council shall be entitled to receive allowances for conveyance and subsistence in travelling to and from meetings of the Council, or upon the business of the Council, at such rates as may be prescribed.
(9) The provisions of the Public Service Act, 1902, as amended by subsequent Acts, shall not apply to or
in respect of the appointment by the Governor of any

member

68 Technical Education and New South Wales

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»o, 11 ,1949. member of the Council, and any member so appointed

shall not, in his capacity as such member, be subject tov

the provisions of such Act during his term of office.

(10)	The office of a member of the Council shall'

not for the purposes of the Constitution Act, 1902, or any Act amending or replacing that Act, be deemed to be an office or place of profit under the Crown.

runetions

and

9 . (1) The Council may make such recommendations

duties of	as it thinks fit to the Minister with respect to—
Council.

(a)	the provision and conduct of technical educa tion in the State having regard to the needs of the community, industry and commerce;
(b)	the co-ordination of the functions of the Department of Technical Education with those of the Department of Education, the University of Sydney, the New South Wales University o f Technology and other bodies concerned with education;

(2)	The Council shall investigate and report to the

Minister on any matter referred to it by the Minister for investigation and report.

Vocational

1 0 . (1) Where the Governor is satisfied that it is

instruction.

cf. Act. No.	desirable in the public interest that a standard of
20,1940,	instruction should be maintained by law in any subject
a. 81.	matter or matters, the Governor may from time to time, by proclamation published in the Gazette, declare such subject matter or matters to be vocational in character.
(2) (a) After the expiration of twelve months from the commencement of this Part of this Act, no person shall give or offer to give for fee or reward instruction in any subject matter which is for the time being declared to be vocational in character pursuant to subsection one of this ‘ section unless he is the holder of a permit granted to him by the Minister under subsection three of this section authorising him to give- instruction in such subject matter.

(b)‘ !

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(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 in his capacity as principal of or a teacher in any school certified under the Public Instruction (Amendment) Act, 1916, or registered under the Bursary Endowment Act, 1912, or in his capacity as principal of or teacher in any institution or school registered under this section.

(3) (a) The Minister may, upon the recom mendation of the Advisory Committee, grant a permit to any person where he is satisfied that such person possesses sufficient qualifications and capacity to enable him to give such instruction in an adequate and satisfactory manner.

(b) Any such permit may be granted subject to such terms and conditions as may be specified therein or as may be prescribed.

(c) Any permit granted under this subsec tion may, upon the recommendation of the Advisory Committee, be withdrawn by the Minister if he is satisfied that—

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

(ii) the holder has contravened or failed to comply with any of the terms and conditions subject to which the permit was granted.

(4) (a) The Minister may, upon the recom mendation of the Advisory Committee, register under this section any institution or school where he is satisfied that such institution or school is providing efficient instruction.

(b) The Minister may, upon the recom

mendation of the Advisory Committee, cancel the

registration of any such institution or school where he is

satisfied that the institution or school is no longer

providing efficient instruction.

(5) Any person aggrieved by the refusal of regis

tration of any institution or school under this section or

the

70 Technical Education and New South Wales

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Mo. 11,1949.	cancellation of any such registration or whose appli cation for a permit under this section has been refused or whose permit has been withdrawn may appeal to the Supreme Court against any such refusal, withdrawal or cancellation.
Any such appeal shall be in the nature of a rehearing and shall be made in accordance with rules of court.
The decision of the Supreme Court on any such appeal shall be final, and shall be deemed to be the decision of the Minister and be carried into effect accordingly.
(6) (a) There shall be a Vocational Instruction Advisory Committee (in this section referred to as the “ Advisory Committee” ) which shall consist of three members.
Two of such members shall be the persons who for the time being hold respectively the following offices, that is to say, the Director of Technical Education, who shall be the chairman of the Advisory Committee, and the Under Secretary of the Department of Labour and Industry and Social Welfare, The other member shall be a person appointed by the Minister who shall hold office for such period as the Minister may determine.
(b) The Advisory Committee shall investi gate and report on any matter referred to it by the Minister in relation to the grant or withdrawal of any permit under this section or the registration or cancella tion of the registration of any institution or school pursuant to this section.
(7) Any person who contravenes the provisions of this section shall be liable to a penalty not exceeding fifty pounds.

A.ppli	1 1 .	(1) Any moneys vested in the Newcastle
or certain

mone;^.

Technical Education District Council immediately before the commencement of this Part of this Act shall, upon such commencement, be divested from that Council and vest in the officers of the public service who at such commencement hold the office of Director of Technical Education, Principal of the Newcastle Technical College

and

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and Eegistrar of that College respectively upon trust to apply the same in accordance with any direction given with respect thereto under subsection two of this section.

(2) Upon the constitution by the regulations of a technical education district council for the technical education district of Newcastle, such council may give directions for the application of any moneys referred to in subsection one of this section for the promotion and furtherance of technical education within the technical education district of Newcastle.

(3) The Newcastle Technical Education District Council and any member thereof shall upon the commencement of this Part of this Act be discharged from any dutj% obligation or liability existing immediately before such commencement in respect of or in relation to the moneys referred to in subsection one of this section.

(4) In this section—

“ Newcastle Technical Education District Council” means the body by that name constituted under the Technical Education Act, 1940, immediately before the commencement of this Part of this Act;

“ technical education district of Newcastle” means the technical education district established under the regulations which includes within its boundaries the City of Greater Newcastle.

1 2 .	(1) The Public Service Act, 1902, as amended by	Amendment
of Act No.

subsequent Acts, is amended by inserting at the end of	31,1902,
section twenty-five the words “ or the Department of	sec. 25.
Technical Education.”	tional
(Educa
Division.)
(2) The Public Accountants Eegistration Act, 1945-1948, is amended by omitting from subsection one	Amendment
of Act No.
18,1945,
of section nineteen the words “ Department of Public	see. 19.
(Exemption
Instruction” and by inserting in lieu thereof the words	from
“ Department of Technical Education.”	examina
prescribed
tions.)

1 3 . (1) The Governor may make regulations not Eeguiation*.

inconsistent with this Part of this Act prescribing all

matters

72 Technical Education and New South Wales

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HO. 11 ,1 9 4 9 . matters which by this Part of this Act are required o r

permitted to be prescribed or which are necessary o r

.	convenient to be prescribed for carrying out or giving effect to this Part of this Act.

(2) In particular and without prejudice to the generality of subsection one of this section the Governor may make regulations with respect to the following m atters:—

(a)	the qualifications to he possessed by persons as a condition of appointment to the Council;
(b)	the constitution and functions of advisory committees and boards of studies;
(c)	the establishment of technical education districts, the constitution in respect of any such district of a technical education district council, and the powers, authorities, duties and functions to be exercised and discharged by any such council.

(3) The regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of publication or from a later date to be specified therein;
(c)	be laid before both Houses of Parliament within fourteen sitting days after the publication thereof if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.

If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have

effect.

•

PAET

Technical Education and New South Wales

University of Technology Act.

PAET III.

No. ^949 .

T he N ew S outh W ales U niveesity of Technology.

D ivision

1.—Preliminary.

1 4 . This Part of this Act shall, except where other- Commence-

wise expressly provided, commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

1 5 . In this Part of this Act, unless the context or Definitions,

subject matter otherwise indicates or requires—

“ By-laws” means by-laws made under this Part

of this Act.

“ Council” means the Council of the University.

“ Prescribed” means prescribed by this Part of this

Act or by the regulations.

“ Regulations” means regulations made under this

Part of this Act.

“ University” means the New South Wales Univer sity of Technology.

D ivision 2.~Incorporation of the University and.

establishment of a Council thereof.

1 6 .

(1)

There shall be a New South Wales University New South

of Technology consisting of the Council, the professors

and such other classes ot persons giving instruction of

within the University as may be prescribed and the Tecimoiogy.

graduate and under-graduate members thereof.

(2) The University shall be a body corporate under the name of “ The New South Wales University of Technology” with perpetual succession and a common seal, and shall be capable by that name of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

(3) The University shall, subject to this Part of this Act and the regulations, have power to take, purchase, hold, grant, alienate, demise or otherwise dispose of real and personal property:

Provided

74 Technical Education and New South Waies

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Provided that the University shall not, except with the approval of the Governor, alienate, mortgage, charge or demise any real property.

Conunon

1 7 . (1) The common seal of the University shall be (2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the University affixed to any document, and shall presume that it was duly affixed.

aeal.

kept in such custody as the Council directs, and shall

not be used except upon resolution of the Council.

Objecta

of the

1 8 . The objects of the University shall include the

University.

following:—

(a)	to provide facilities for higher specialised instruction and advanced training in the various branches of technology and science in their application to industry and commerce; and
(b)	to aid by research and other suitable means the advancement, development, and practical application of science to industry and commerce.

The

1 9 . (1) There shall be a Council of the University which shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed upon the Council by or under this Part of this Act.

Council.

(2) The Council shall consist of not more than

thirty members who shall be appointed by the Governor.

Of the members so appointed—

(a)	five shall be appointed on the nomina tion of the Minister, being persons who, in the opinion of the Minister, by their knowledge and experience can advance the full development of the University;
(b)	one shall be a member of the Legislative Council elected by that Council;
(c)	one shall be a member of the Legislative Assembly elected by that Assembly;

( d )

Technical Education and New South Wales

University of Technology Act.

(d)	four shall be appointed on the nomination of the Minister to represent persons engaged in the professions;
(e)	two shall be officers within the meaning of the Public Service Act, 1902, as amended by subsequent Acts, directly concerned with and engaged in the administration of technical education and shall be appointed on the nomina tion of the Minister;
(f)	five shall be appointed on the nomina tion of the Minister to represent industrial and commercial interests;
(g)	three shall be appointed on the nomina tion of the Minister to represent trade unions and employee organisations;
(h)	one shall be appointed upon the nomination of the Senate of the University of Sydney;

(i) one shall be a person having the qualifications as prescribed by the by-la'ws elected, in the manner pre scribed by the by-laws, by under graduates -within the University;

(j)	one shall be a person having the qualifications as prescribed by the by-laws elected, in the manner prescribed by the by-laws, by the graduates of the University;
(k)	one shall be a person elected, in the manner prescribed by the by-laws, by the professors and such other classes of persons giving instruction within the University as may be so prescribed;

“	(1) one shall be the person for the time being holding the office of Director of the University;

(m)

7&	Technical Education and New South Wales

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more than four shall be persons elected in the manner prescribed by the by-laws to represent such principal faculties as may be so prescribed.

(3) The person or persons to be nominated by the Minister for appointment pursuant to paragraph (d), (f) or (g) of snbsection two of this section shall, in respect of each such paragraph, be selected by him from a panel of such number of names as may be prescribed submitted to him for the purpose by such persons or class or classes of persons or body or bodies of persons as may be prescribed in relation to that paragraph.

The regulations may prescribe—

(a)	the time within which any snch panel of names shall be snbmitted to the Minister;
(b)	where any such panel of names is to be submitted by more than one prescribed class or body of

persons, the number of names which each such class or body is entitled to include in such panel. (4) If for any reason a panel of names is not submitted to the Minister in accordance with this section or the regulations or is not submitted within the time prescribed with respect thereto, the Minister may nominate such person or persons as he thinks fit and such person or persons shall be deemed to have been validly nominated in accordance with subsection three	'
of this section and the regulations.
(5) (a) Members of the Council, other than the Director of the University, shall, subject to this Part of this Act, hold office for such period not exceeding four years as may be prescribed. Different periods may be prescribed in respect of the different classes of members.
The Director of the University shall hold office while he remains Director.
(b) The regnlations may provide for the retirement in rotation of members of any particular class and for that purpose may provide that, on the first appointment of members of any such class after the introduction of rotational retirement, such number as may be prescribed of the members of that class shall be

appointed

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appointed for a less period than that prescribed pursuant to paragraph (a) of this subsection with respect to .members of that class.

(c)	All retiring members shall, unless other

wise disqualified, be eligible for reappointment.

(6) Where a casual vacancy occurs in the office of a member of the Council the Governor may appoint a person to the vacant office. The person so appointed shall have the like prescribed qualification (if any) as that of the member whose office has become vacant and shall, subject to this Part of this Act, hold office for the residue of his predecessor’s term of office.

(7) The provisions of the Public Service Act, 1902, as amended by subsequent Acts, shall not apply to or in respect of the appointment by the Governor of any member of the Council, and any member so appointed shall not, in his capacity as such member, be subject to the provisions of such Act during his term of office.

2 0 . A member of the Council shall be deemed to have Vacatioa

vacated his office if he—

ofofiace. ,

(a) dies;

(b)	resigns his office by writing under his hand addressed to the Governor;

^c) becomes bankrupt, compounds with his creditors or makes any assignment of his salary or estate for their benefit;

s(d) becomes an insane person or patient or an incapable person within the meaning of the Lunacy Act, 1898-1947;

(e)	absents himself from four consecutive meetings of the Council without leave of the Council; or

(f) in the case of a member elected by either House , of Parliament—ceases to be a member of that

House.

2 1 . (1) (a) The first President of the University President

shall be appointed by the Minister and shall hold office

irresidenw

lor a period oi one year.

The person so appointed shall be a member of the 'Council.

(b)

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Ko. 11, 1949.	(b) Whenever a vacancy in the office o f President occurs, the Council shall elect one of its- number to be President of the University.
(c) The President, other than the first President, shall hold office for such peri-od and on such terms and conditions as may be prescribed by the by laws.

(2)	(a) The Council shall, at its first meeting and

thereafter whenever a vacancy in the office of Vice President occurs, elect one of its number to be Vice President of the University.

(b) The Vice-President shall hold office for such period and on such terms and conditions as may be prescribed by the by-laws.

Chairman.

2 2 . At every meeting of the Council the President or,, in his absence, the Vice-President shall preside as chair man, but if the President and Vice-President are both absent, the members present shall elect a person from- among their number to preside as chairman.

Qnestiona	2 3 . (1) All questions which come before tbe Council
how

decided.

shall be decided at any meeting duly convened, at which a quorum is present, by a majority of the votes of the- members present.

(2) The chairman at any sucli meeting shall have

a vote; and in case of an equality of votes a second or

casting vote.

(3) At any such meeting ten members shall form

a quorum.

Validity of

2 4 . (1) No act or proceeding of the Council or any

acts and	committee of the Council, or of the Director or any person
proce inga.	pursuant to any direction of the Council shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced there was a vacancy or vacancies, not exceeding twelve in number, in the office or offices of any member or members of the Council.

(2)	All acts and proceedings of the Council or

any committee of the Council, or of the Director or any person acting pursuant to any direction of the Council shall, notwithstanding the subsequent discovery of any

defect

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(defect in the appointment, nomination or election of any	19*9.
xnember of the Council, or that any such member was disqualified from acting as or incapable of being a member of the Council, be as valid as if such member had been duly appointed, nominated or elected and was qualified to act as or capable of being a member and had .acted as a member of the Council and as if tbe Council had been properly and fully constituted.

D ivision

3.—Administration.

2 5 . Subject to this Part of this Act and to the Powers

regulations and by-laws, the Council—

council

(a)	may provide courses in applied science, engineering, technology, commerce, industrial organisation and such other related courses as it deems fit and may, after examination, confer the several degrees of Bachelor, Master and Doctor, and such other degrees and such certificates in the nature of degrees or otherwise as it thinks fit;
(b)	may from time to time appoint deans, professors, lecturers and other officers and employees of the University;

■(c) shall have the entire control and management of the affairs, concerns and property of the University; and

■(d) may act in all matters concerning the University in such manner as appears to it best calculated to promote the objects and interests of the University:

Provided that no appointment of a dean, professor, lecturer or other officer or employee shall be made pursuant to this section before the day appointed and notified pursuant to subsection three of section thirty- three of this Act.

2 6 . (1) There shall be a Director of the University Director,

who shall he the chief executive officer of the Council.

(2)

80 Technical Education and New South Wales

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No. *ii,* 1949.	(2) The Director shall have and may exercise and discharge such powers, authorities, duties and functions as may be prescribed in the regulations and by-laws.
(3) The Director shall be appointed in the manner prescribed and shall hold office for such period and upon such terms and conditions as may be prescribed.
Delegation	2 7 . (1) The Council may constitute and appoint such committees as it thinks fit and may delegate all or any of its powers, authorities and functions (except this power of delegation and the power to make by-laws) to any such committee or to any member of the Council, or to any officer or officers of the University.
to commit
tees, etc.
(2) Every delegation under this section shall be revocable by resolution of the Council and no delegation shall prevent the exercise or discharge by the Council of any of its powers, authorities, duties or functions.
Ad euudem	2 8 . (1) Where any person has obtained in any by the by-laws of the University in force for the time being any degree or diploma corresponding or equivalent,, in the opinion of the Council, to any degree which the Council is now or may hereafter be empowered to confer after examination, the Council may confer such latter degree upon such person without examination.
and
honorary	university or other educational establishment recognised
degrees.
(2) The persons upon whom degrees are conferred, under the provisions of subsection one of this section,, shall be entitled to the same rights and privileges as appertain to those who have taken the same degrees in the ordinary course in the University.
(3) By-laws may be made for or with respect tO’ the conferring of honorary degrees or other distinctions on approved persons.

Power to	2 9 . (1) The Council may establish and maintain
establish

and	branches, departments or colleges of the University at
maintain	Newcastle, Wollongong, Broken Hill or such other place
branches,
depart	in the State as the Council deems fit.
ments, or

colleges.

(2)

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(2) (a) The Council may authorise any college or No. 11, 1949.

educational establishment, whether incorporated or not, council

engaged in the promotion of applied science and

technology, to issue to candidates for any degree or educational

diploma, certificates to the effect that the candidate for

any such degree or diploma has completed such course of issue

instruction therefor as the Council by by-law prescribes,	certificates.
(b) Any person who presents to the Council any such certificate may be admitted as a candidate for the degree or diploma to which it has reference.

3 0 . All degrees conferred by the University shall be Evidence

evidenced by a certificate under the common seal of the University and be signed by the President and the Director.

3 1 . The Council may by by-law make provision for Eees.

the payment by students of the University of reasonable fees for entrance to the University, attendance at lectures, conferring of degrees and other University charges, except in the case of any student who is granted any fellowship, scholarship, exhibition, bursary or similar benefit, to the extent to which he is thereby exempted from payment of fees.

3 2 . (1) The Council may carry out special investiga- Tecimoiogi-

tions in any technological or scientific matter at the

request of any authority, institution, association, firm or imestiga-

person, and in respect of any such investigation may

charge such fees therefor and agree to such conditions in

relation thereto as it thinks fit.

(2) The Council may publish information relating to any matter investigated by it pursuant to the provisions of subsection one of this section or other wise :

Provided that no such publication shall be made in contravention of any condition agreed to pursuant to the said subsection.

3 3 . (1) (a) During the period commencing on the Transi-

date of commencement of this Part of this Act and ending p’̂ rTvfsions—

on the appointed day the provisions of this subsection appoint-

shall have effect.

meats.

(b)

82 Technical Education and New South Wales

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Mo. 11,1949.

A ll deans, professors, lecturers and other

officers and employees necessary to enable the Council to exercise and discharge the powers, authorities, duties and functions conferred and imposed upon it by this Part of this Act shall be appointed under and subject to the provisions of the Public Service Act, 1902, as amended by subsequent Acts; and every such dean, professor, lecturer or other officer or employee shall be subject to the said Act, as so amended, during his tenure of office or employment; and the permanent head of the Depart ment of Technical Education shall in relation to such deans, professors, lecturers and other officers and employees be the permanent head within the meaning of the said Act, as so amended.

(2) Any person appointed under subsection one of this section and in office immediately before the appointed day who is not appointed by the Council to the staff of the University on that day shall be entitled, if he is under the age of sixty years, to be appointed on the recommendation of the Public Service Board to some office or position in the Public Service not lower in salary than that which he held under the said subsection immediately before the appointed day.

(3) In this section “ appointed day” means a day to be appointed by the Governor and notified by proclamation published in the Gazette. The day so appointed and notified shall not be earlier than one month after the date of the publication of such proclama tion in the Gazette.

Use of 3 4 . For the purpose of exercising and discharging

officerfâ d ^he powers, authorities, duties and functions conferred

employees and imposcd on the Council by this Part of this Act the

Public	Council may, with the approval of the Minister of the
Service.	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 and employees of any Government Department.

Saving of

3 5 .

(1) Where a person who is appointed by the

rights.

Council to the staff of the University was immediately before his appointment an officer within the meaning

of’

Technical Education and New South Wales

University of Technology Act.

of the Public Service Act, 1902, or an employee within No. 1^949.

the meaning of the Superannuation Act, 1916, he shall—

(a)	retain any rights accrued or accruing under either of those Acts;

(b) continue to contribute to any fund or account and sliall be entitled to receive any deferred or extended leave and any payment, pension or gratuity as if he were an officer or employee within the meaning of the Public Service Act, 1902, or the Superannuation Act, 1916, as the case may be, and for such purpose his service with the University shall be deemed to be service for the purposes of such Acts;

■

(c)

in the event of his ceasing to be employed by the University (otherwise than on account of misconduct or disgraceful or improper conduct) be entitled, if he is under the age of sixty years, to be appointed uyion the recommendation of the Public Service Board to some office in the Public Service not lower in classification and salary than that which ho held immediately before his appointment to the staff of the University.

(2) This section shall commence upon the day appointed and notified pursuant to subsection three of section thirty-three of this Act.

3 6 .

(1) The

Superannuation

Act,

1916-1948, is Amondment

amended by inserting at the end of Schedule Three	28,1916,
thereto the following words:—	Sch. III.

The New South Wales University of Technology.

(2) This section shall commence upon the day appointed and notified pursuant to subsection three of section thirty-three of this Act.

3 7 . (1) The Council may make by-laws, not incon- By-laws,

sistent with this Part of this Act or the regulations, with respect to all matters pertaining to the University.

(2)

«4	Technical Education and New South Wales

University of Technoiogy Act.

11.1949.

(2) Without prejudice to the generality of sub section one of this section the Council may make by-laws with respect to—

(a)	the management, good government, and discip line of the University;
(h)	the method of election of members of the Council (other than the members referred to in paragraphs (b) and (c) of subsection two of section nineteen of this Act) who are to be elected;
(c)	the manner and time of convening, holding and adjourning the meetings of the Council; the manner of voting at such meetings, including postal voting or voting by proxy; the powers and duties of the chairman thereof; the conduct and record of the business; the appointment of committees of the Council, and the quorum, powers and duties of such committees;
(d)	the number, stipend, manner of appointment and dismissal of deans, professors, lecturers, examiners, and other officers and servants of the University;

(e) the entrance standards for students;

(f)	the examinations for and the granting of degrees, diplomas, certificates and honours;
(g)	the examinations for and the granting of fellowships, scholarships, exhibitions, bursaries, and prizes;
(h)	the admission of students of other universities and technical colleges to any corresponding status or of graduates of other universities or technical colleges to any corresponding degree or diploma without examination;

(i) generally, all other matters authorised by this Part of this Act or necessary or convenient for giving effect to this Part of this Act.

(3) Every by-law made by the Council shall be

sealed with the common seal of the University, shall be

submitted

Technical Education and New South Wales

University of Technology Act.

submitted for the consideration and approval of the

Governor, and when so approved shall—

(a) be published in the Gazette;

(b)	take effect from the date of publication or from a later date to be specified in the by-law.

(4) A copy of every such by-law shall he laid before each House of Parliament within fourteen sitting days after the publication thereof in the Gazette if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.

(5) Any such by-law may be proved in any court by the production of a verified copy under the seal of the University or by the production of a document purporting to be a copy of such by-law and to be printed by the Government Printer.

D ivision

4.—Finance.

3 8 . (1) The University shall have an account which New South

shall be called the “ New South Wales University of

Technology Account” (in this section referred to as the of	Technology
■	“ Account” ).	Account.

(2) There shall be paid to the credit of the

Account—

(a)	all moneys received by the University by way of fees, charges, gifts, bequests or otherwise;
(b)	all moneys made available to the University or the Council in accordance with the provisions of this Division.

(3) All expenditure incurred by the University (including the repayment of moneys borrowed ky or advanced to the University in accordance with this Division) shall be paid from the Account.

3 9 . (1) Any expenditure incurred by the University colonial

with the a]iproval of the Governor given on the

recommendation of the Colonial Treasurer is in this certain

section referred to as approved expenditure.

(2) The Colonial Treasurer shall, in each year,

pay to the University the amount by which the approved

expenditure exceeds the income from all sources of the

University

86 Technical Education and New South Wales

University ot Technology Act.

Ho. 11. 1949. University or so much of such income as is capable of being applied for the purpose of meeting approved expenditure.

(3)	Any moneys payable by the Colonial

Treasurer under this section shall be paid out of moneys provided by Parliament.

Advances

by Colonial	4 0 . The Colonial Treasurer may for the temporary accommodation of the University advance such moneys to the Council as the Governor may approve upon such terms and conditions as to repayment and interest as may be agreed upon.
Treasurer.
Power of

Council to

4 1 . The Council may borrow money for—

borrow.

(a) the purpose of carrying out or performing any

of its powers, authorities, duties and functions;

(b) the renewal of loans; or

(c)	the discharge or partial discharge of any indebtedness to the Colonial Treasurer or to any bank,

within such limits, to such extent and upon such condi tions as to security or otherwise as the Governor upon the recommendation of the Colonial Treasurer may approve.

Accounts

to be	4 2 . The Council shall cause to he kept proper books of account in relation to the funds of the University and shall, as soon as practicable after the thirtieth day of June in each year, prepare and transmit to the Minister for presentation to Parliament a statement of accounts in a form approved by the Auditor-General exhibiting a true and correct view of the financial position and transactions of the University.
rendered.
Audit.	4 3 . The accounts of the University shall be audited by the Auditor-General, who shall have, in respect thereof, all the powers conferred on the Auditor-General by any law now or hereafter in force relating to the audit of public accounts; and the Audit Act, 1902, and any Acts amending the same, shall apply to the members of the Council and to the officers and emploj'ees of the University in the same manner as it applies to accounting officers of public departments.

Division

Technical Education and New South Wales University of Technology Act.

D ivision 5.— General.

No. 11, 1949.

4 4 . No religious test shall be administered to any No

person in order to entitle him to be admitted as a student of the University, or to hold office therein, or to graduate thereat, or to enjoy any benefit, advantage or privilege thereof.

4 5 . (1) The University shall have power to acquire Power to

by gift, bequest or devise any property for the purposes

of this Part of this Act, and to agree to and carry out	’
the conditions of any such gift, bequest or devise.
(2) The rule of law relating to perpetuities shall not apply to any condition of a gift, bequest or devise to which the University has agreed.

4 6 . In the exercise of its powers, authorities, duties Council to

shall, so far as is practicable, co-operate with the Univer- bodies,

sity of Sydnejq the Commonwealth Scientific and Indus

trial Eesearch Organisation, the Department of Technical

and functions under this Part of this Act the Council ^ ’°ifother tions devoted to science and research.

4 7 . (1) As soon as practicable after the thirtieth day Report of

of June in each year, the Council shall prepare and i”'“'=cedmgs.

furnish to the Minister a report upon the proceedings

of the University during the period of twelve months

immediately preceding that day. Such report shall

include a summary of the work, researches and investiga

tions carried out by the University during such period.

(2) A copy of such report shall be laid before both Houses of Parliament as soon as practicable after it has been received by the Minister.

4 8 . (1) The Governor may make regulations not Regulationŝ

inconsistent with this Part of this Act prescribing all matters which by this Part of this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed in relation to any matter within the powers and functions of the University and the Council and generally for carrying out or giving effect to the objects of the University and to this Part of this Act.

(2)

88 Teclmical Education and New South Wales

University of Technology Act.

Ho. 11.19*9

(2) The Regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of publication or from a later date to be specified therein;
(c)	be laid before both Houses of Parlia ment within fourteen sitting days after the publication thereof if Parliament is in session, and if not, then within fourteen sitting days after the com mencement of the next session.

If either House of Parliament passes a resolution of

which notice has been given at any time within fifteen

.	sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.

PART IV.

AcQtnsiTiON- OF L and.

Acquisition

4 9 .

(1) For the purposes of this Act, the Governor

of land.	may, under the Public Works Act, 1912, as amended by subsequent Acts, resume or appropriate any land and the Minister may, under the said Act as so amended, purchase any land.
(2) (a) Where any land has been appropriated or resumed pursuant to this section the Governor may, by notification published in the Gazette, notify that the land so resumed or appropriated and specified in such notification is vested in The New South Wales University of Technology.

(b) Thereupon the land so specified shall

vest in the said University.

(3>

Technical Education and New South Wales

University of Technology Act.

(3)

For the purposes of the Public Works Act,

n> 1949.

1912, as amended by subsequent Acts, any such resump tion, appropriation or purchase shall be deemed to be for an authorised work, and the Minister shall be deemed to be the Constructing Authority:

Provided that sections thirty-four, thirty-five, thirty- six and thirty-seven of the Public Works Act, 1912, as amended by subsequent Acts, shall not apply to any such resumption, appropriation or purchase, but section thirty-eight of such Act shall, mutatis mutandis, apply to and in respect of any contracts relating to any such

resumption, appropriation or purchase.

5 0 . (1) The Governor may, by notification in the Power to

Gazette, rescind in whole or in part any notification of	resumptions.
resumption made in pursuance of section forty-nine of	cf. Act No.
this Act.	7,1912,
s. 4c.
(2) Upon the publication of any notification of rescission the land described in such notification shall revest in the person who was entitled thereto immediately before the resumption for his estate, interest or right immediately before such resumption, but subject to any interest in or equity binding upon such land created by the Constructing Authority since such resumption; and the land shall be subject to all trusts, obligations, estates, interests, contracts, charges, rates, rights-of-way or other easements from which it was freed and discharged by such resumption as if the land had not been resumed and shall also be subject to any interests in or equities binding on the compensation moneys created since the resumption.
(3) On the lodgment with the Eegistrar-General of a copy of a notification in the Gazette rescinding a notification of resumption of land under the provisions of the Real Property Act, 1900, the Eegistrar-General shall cancel any entry or notification in the register book made by him pursuant to section 46a of the Real Property Act, 1900, in so far as it relates to the land the notification of the resumption of which has been rescinded, and for the purpose of any dealing with such land the entry or

notification

90 Housing (Amendment) Act.

11,1949. notification made pursuant to section 46a of the Real Property Act, 1900, shall be deemed never to have been made.

(4) The person in whom any land is revested under this section shall be entitled to be compensated by the Constructing Authority for any loss or damage actually suffered by him as a direct consequence of the resumption and its rescission other than compensation in respect of the value of the land.

(5) Any claim for compensation arising under this section shall be heard and determined in like manner and subject to the like conditions as a claim for compen sation by reason of the acquisition of land under the Public Works Act, 1912, as amended by subsequent Acts, and the provisions of the Land and Valuation Court Act, 1921, as amended by subsequent Acts, shall, mutatis mutandis, apply to and in respect of the hearing and determination of any such claim.