Trade Union Training Authority Act 1975 (Cth)
Consolidated as in force on 10 June 1999
(includes amendments up to Act No. 60 of 1996)
Repealed by Act No. 60 of 1996, effective 5 December 1996
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
This Act may be cited as the
Trade Union Training Authority Act 1975 .
This Act shall come into operation on a date to be fixed by Proclamation.
In this Act, unless the contrary intention appears:
Administrator means the Administrator of the Authority.
Authority means the Australian Trade Union Training Authority established by this Act.
Secretary means the person for the time being holding, or performing the duties of, the office of Secretary to the Department.
There is hereby established an Authority by the name of the Australian Trade Union Training Authority.
The functions of the Authority are to:
(a) wind up the Authority’s operations; and
(b) dispose of the Authority’s assets.
(1) The Authority:
(a) is a body corporate;
(b) shall have an official seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue or be sued in its corporate name.
(2) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Authority appearing on a document and shall presume that it was duly sealed.
(1) The Authority has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its functions.
(2) Without limiting the generality of subsection (1), the powers of the Authority include power:
(a) to enter into contracts;
(b) to purchase, take on lease or otherwise acquire personal property, and to sell, grant leases of, or otherwise dispose of, real or personal property;
(d) to occupy, use and control any land or building owned or held under lease in Australia and made available for the purposes of the Authority;
(e) to accept gifts, devises and bequests made to the Authority, whether on trust or otherwise, and to act as trustee of moneys or other property vested in the Authority; and
(f) to dispose of investments.
(3) Notwithstanding anything contained in this Act, any moneys or other property held by the Authority upon trust shall be dealt with in accordance with the powers and duties of the Authority as trustee.
(1) The Authority shall comply with the directions (if any) given by the Minister to the Administrator in relation to the performance of a function or the exercise of a power by the Authority under this Act.
(2) A direction received by the Administrator under subsection (1) shall be set out in the report under section 58 with respect to the operations of the Authority during the year in which the direction was received.
(1) There is to be an Administrator of the Australian Trade Union Training Authority.
(2) The Administrator is responsible for the conduct of the affairs of the Authority and the performance of its functions.
All acts and things done in the name of, or on behalf of, the Authority by, or with the authority of, the Administrator are taken to have been done by the Authority.
(1) The Commonwealth may enter into a contract with a person under which the person is appointed the Administrator.
(2) The terms and conditions of appointment are as set out in the contract.
(1) The Secretary may appoint a person to act as Administrator:
(a) during a vacancy in the office of Administrator, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Administrator is absent from duty or from Australia or is, for any reason, unable to perform the functions and duties of the office.
(2) A person appointed under subsection (1) to act during a vacancy in the office of Administrator must not continue to act as Administrator for more than 12 months.
(3) The Secretary may determine the terms and conditions of appointment of a person appointed under subsection (1).
(4) The Secretary may terminate an appointment made under subsection (1) at any time.
(5) If the office of Administrator becomes vacant while a person is acting as Administrator under paragraph (1)(b), the person may continue so to act until:
(a) the Secretary otherwise directs; or
(b) the vacancy is filled; or
(c) a period of 12 months from the date on which the vacancy occurred expires;
whichever occurs first.
(7) The person acting as the Administrator has all the powers, duties, rights and entitlements of the Administrator.
(8) Anything done by or in relation to a person purporting to act as the Administrator under this section is not invalid merely because:
(a) there was a defect or irregularity in connection with the appointment; or
(b) the appointment had ceased to have effect; or
(c) the occasion for the person to act or to be appointed had not arisen or had ceased.
(1) Subject to subsection (3), the Administrator may, on behalf of the Authority, appoint such officers and engage such employees as the Administrator considers necessary for the purposes of this Act.
(2) The Administrator is to determine:
(a) the duration of any appointment or engagement made under subsection (1); and
(b) the terms and conditions of service of persons so appointed or engaged, being terms and conditions approved by the Department.
(3) The Administrator must not appoint an officer or engage an employee without the Secretary’s approval.
(1) There are payable to the Authority such moneys as are appropriated by the Parliament for the purposes of the Authority.
(2) The Minister for Finance may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the Authority.
(1) The Authority may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.
(2) The Authority shall pay all moneys of the Authority into an account referred to in this section.
(3) In this section,
approved bank means the Reserve Bank of Australia or another bank for the time being approved by the Treasurer.
(1) Subject to subsections (2) and (3), the moneys of the Authority other than moneys held by the Authority on trust shall be applied only:
(a) in the discharge of obligations and liabilities of the Authority arising under this Act; and
(b) in the payment of remuneration and allowances payable to any person under this Act.
(2) Moneys of the Authority (other than moneys held by the Authority upon trust) not immediately required for the purposes of the Authority may be invested:
(a) on fixed deposit with a bank approved by the Treasurer;
(b) in securities of the Commonwealth; or
(c) in any other manner approved by the Treasurer.
(3) The Authority must pay to the Commonwealth any money that the Authority receives:
(a) as payments of amounts owed to the Authority; or
(b) from disposal of the Authority’s assets.
The Authority shall cause to be kept proper accounts and records of the transactions and affairs of the Authority and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Authority and over the incurring of liabilities by the Authority.
(1) The Authority shall prepare, in respect of each financial year, estimates of its receipts and expenditure for that financial year, and, if the Minister so directs, shall also prepare estimates of its receipts and expenditure for any other period specified by the Minister, and the Authority shall submit the estimates so prepared to the Minister not later than such date as the Minister directs.
(2) The moneys of the Authority shall not be expended otherwise than in accordance with estimates of expenditure approved by the Minister.
The Authority shall not, except with the approval of the Minister, or an officer of the Department authorised by the Minister:
(a) enter into a contract involving the payment by the Authority of an amount exceeding $5,000 or, if a higher amount is prescribed, that higher amount; or
(b) enter into a lease of land; or
(c) enter into a contract involving the disposal of real property.
The Authority shall not borrow moneys from any person.
(1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Authority and records relating to assets of, or in the custody of, the Authority, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his doing so.
(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts and records referred to in subsection (1).
(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under subsection (1).
(4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Authority relating directly or indirectly to the receipt or payment of moneys by the Authority or to the acquisition, receipt, custody or disposal of assets by the Authority.
(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.
(6) The Auditor-General or a person authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirements.
(7) A person who contravenes subsection (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.
The Authority is not subject to taxation under any law of the Commonwealth or of a State or Territory.
The Secretary may, by signed instrument, delegate to an officer of the Department all or any of the Administrator’s functions and powers under this Act.
The Authority is a Commonwealth authority for the purposes of the
Air Accidents (Commonwealth Government Liability) Act 1963.
(1) The Authority shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Authority during that year, together with financial statements in respect of that year in such form as the Minister for Finance approves.
(2) A report referred to in subsection (1) shall include details of the syllabuses and study undertaken at the Australian Trade Union Training College, and at each of the Trade Union Training Centres, formerly established under this Act.
(3) Before furnishing financial statements to the Minister, the Authority shall submit them to the Auditor-General, who shall report to the Minister:
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records and show fairly the financial transactions and the state of the affairs of the Authority;
(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Authority during the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.
(4) The Minister shall cause the report and financial statements of the Authority, together with the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the Minister.
(1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
50, 1975 | 6 June 1975 | 8 Sept 1975 ( | ||
91, 1976 | 20 Sept 1976 | S. 3: | S. 4 | |
36, 1978 | 12 June 1978 | 12 June 1978 | S. 8 | |
92, 1978 | 22 June 1978 | 1 Aug 1978 ( | Ss. 16(2)‑(6), 17(2), 21(2), 25(2) and (3) | |
209, 1978 | 6 Dec 1978 | 1 Aug 1978 | — | |
61, 1981 | 12 June 1981 | Ss. 105, 115 and 117: Royal Assent
Ss. 106-111: 1 Aug 1981 (
Ss. 112-114: 29 Sept 1981 ( | — | |
176, 1981 | 2 Dec 1981 | S. 58: Royal Assent
Ss. 59-67: 14 Dec 1981 ( | — | |
80, 1982 | 22 Sept 1982 | Part LXXVII (s. 280): Royal Assent | S. 280(2) and (3) | |
65, 1985 | 5 June 1985 | S. 3: 19 Aug 1985 ( | — | |
166, 1985 | 11 Dec 1985 | S. 45: 8 Jan 1985 | — | |
96, 1986 | 17 Oct 1986 | 17 Oct 1986 | — | |
80, 1988 | 24 June 1988 | 1 July 1988 ( | — | |
87, 1988 | 8 Nov 1988 | Ss. 1 and 2: Royal Assent
Remainder: 1 Mar 1989 ( | — | |
62, 1991 | 30 May 1991 | Ss. 1 and 2: Royal Assent
S. 3 (Schedule, Part 1 [in part] and Part 2): 2 July 1991 (
S. 3 (Schedule, Part 3 [in part]): 1 Aug 1991 (
S. 3 (Schedule, Part 5): 1 Sept 1991 ( Remainder: 30 Nov 1991 | — | |
122, 1991 | 27 June 1991 | Ss. 4(1), 10(b) and 15-20: 1 Dec 1988
Ss. 28(b)-(e), 30 and 31: 10 Dec 1991 ( Remainder: Royal Assent | S. 31(2) | |
199, 1991 | 18 Dec 1991 | 18 Dec 1991 | ||
60, 1996 | 25 Nov 1996 | Schedule 18: 5 Dec 1996 ( | S. 2(2), (6) (am. by 77, 1996, Sch. 3 [items 1, 2]) Sch. 18 (items 33, 35-42) Sch. 18 (item 34) | |
| ||||
| 77, 1996 | 19 Dec 1996 | Schedule 3 (items 1 and 2) | — |
(a) TheTrade Union Training Authority Act 1975 was amended by section 3 only of theAdministrative Changes (Consequential Provisions) Act 1976 , subsection 2(7) of which provides as follows:
“(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.”.
(b) TheTrade Union Training Authority Act 1975 was amended by sections 105-115 and 117 only of theStatute Law Revision Act 1981 , subsections 2(1) and (10) of which provide as follows:
“(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
“(10) Divisions 2 and 3 of Part XXIII shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation.”.
(c) TheTrade Union Training Authority Act 1975 was amended by sections 58-67 only of theStatute Law (Miscellaneous Amendments) Act 1981 , subsections 2(1) and (4) of which provide as follows:
“(1) Sections 1 and 2, Part IV and section 58 shall come into operation on the day on which this Act receives the Royal Assent.
“(4) Part VIII, Part XV, Division 2 of Part XVIII and Division 3 of Part XVIII shall come into operation on such respective dates as are fixed by Proclamation.”.
(d) TheTrade Union Training Authority Act 1975 was amended by Part LXXVII (section 280) only of theStatute Law (Miscellaneous Amendments) Act (No. 2) 1982 , subsection 2(1) of which provides as follows:
“(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.”.
(e) TheTrade Union Training Authority Act 1975 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No.1) 1985 , subsection 2(49) of which provides as follows:
“(49) The amendments of the
Trade Union Training Authority Act 1975 shall come into operation on a day to be fixed by Proclamation.”.
(f) TheTrade Union Training Authority Act 1975 was amended by section 45 only of thePublic Service and Statutory Authorities Amendment Act 1985 , subsection 2(7) of which provides as follows:
“(7) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.”.
(g) TheTrade Union Training Authority Act 1975 was amended by Schedule 18 (Part 1 [items 1-32]) only of theWorkplace Relations and Other Legislation Amendment Act 1996 , subsections 2(1)-(3) of which provide as follows:
“(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
“(2) Subject to subsection (3), the items of the Schedules, other than Schedule 5, item 1 of Schedule 9, items 2 and 3 of Schedule 12, item 90 of Schedule 16 and the items of Schedule 19, commence on a day or days to be fixed by Proclamation.
“(3) If an item of a Schedule does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.”.
(h) TheWorkplace Relations and Other Legislation Amendment Act 1996 was amended by theWorkplace Relations and Other Legislation Amendment Act (No. 2) 1996 , subsection 2(4) of which provides as follows:
“(4) The items of Schedule 3 are taken to have commenced immediately after the
Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent.”.The
Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent on 25 November 1996.
am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
S. 3........................................... |
|
rs. No. 60, 1996 | |
S. 5........................................... | rs. No. 92, 1978; No. 60, 1996 |
S. 6........................................... | am. No. 65, 1985 |
S. 7........................................... | am. No. 60, 1996 |
S. 7A......................................... | ad. No. 92, 1978 |
am. No. 65, 1985; No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 8........................................... |
|
| ad. No. 92, 1978 rep. No. 62, 1991 |
Heading to Part III..................... | rs. No. 60, 1996 |
| ad. No. 62, 1991 |
S. 8A......................................... | ad. No. 92, 1978 |
am. No. 65, 1985 | |
rs. No. 62, 1991; No. 60, 1996 | |
Heading to s. 8B....................... | am. No. 60, 1996 |
S. 8B......................................... | ad. No. 92, 1978 |
rs. No. 62, 1991 | |
am. No. 60, 1996 | |
S. 8C........................................ | ad. No. 92, 1978 |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 8D........................................ | ad. No. 92, 1978 |
rs. No. 62, 1991; No. 60, 1996 | |
S. 8DA...................................... | ad. No. 209, 1978 |
am. No. 87, 1988 | |
rep. No. 62, 1991 | |
S. 8E......................................... | ad. No. 92, 1978 |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 8F......................................... | ad. No. 92, 1978 |
rs. Nos. 62 and 122, 1991 | |
rep. No. 60, 1996 | |
Ss. 8G, 8H................................ | ad. No. 92, 1978 |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 8J......................................... | ad. No. 92, 1978 |
rs. No. 65, 1985; No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 8K......................................... | ad. No. 92, 1978 |
am. No. 65, 1985 | |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
Heading to s. 8L....................... | am. No. 60, 1996 |
S. 8L......................................... | ad. No. 62, 1991 |
am. No. 60, 1996 | |
| rep. No. 65, 1985 |
S. 8L......................................... | ad. No. 92, 1978 |
rep. No. 65, 1985 | |
S. 8M........................................ | ad. No. 92, 1978 |
am. Nos. 61 and 176, 1981 | |
rep. No. 65, 1985 | |
Ss. 8N-8V................................. | ad. No. 92, 1978 |
rep. No. 65, 1985 | |
| rep. No. 92, 1978 |
| ad. No. 92, 1978 |
| rep. No. 62, 1991 |
| ad. No. 62, 1991 rep. No. 60, 1996 |
Ss. 9-11.................................... | rs. No. 92, 1978; No. 65, 1985; No. 62, 1991 |
rep. No. 60, 1996 | |
S. 12......................................... | rs. No. 92, 1978 |
rep. No. 65, 1985 | |
ad. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 13......................................... | rep. No. 92, 1978 |
ad. No. 62, 1991 | |
rep. No. 60, 1996 | |
| rep. No. 92, 1978 |
| ad. No. 92, 1978 rep. No. 62, 1991 |
S. 14......................................... | rs. No. 92, 1978 |
| |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 15......................................... | rs. No. 92, 1978 |
am. Nos. 61 and 176, 1981 | |
rs. No. 65, 1985; No. 62, 1991 | |
rep. No. 60, 1996 | |
S.16.......................................... | rs. No. 92, 1978; No. 62, 1991 |
rep. No. 60, 1996 | |
S. 17......................................... | rs. No. 92, 1978 |
| |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 18......................................... | rs. No. 92, 1978 |
am. Nos. 61 and 176, 1981; No. 65, 1985 | |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 19......................................... | rs. No. 92, 1978; No. 62, 1991 |
rep. No. 60, 1996 | |
Heading to Div. 2 of Part IV...... | am. No. 65, 1985 |
rep. No. 62, 1991 | |
| rep. No. 92, 1978 |
| ad. No. 92, 1978 rep. No. 62, 1991 |
S. 20......................................... | rs. No. 92, 1978 |
| |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 20A....................................... | ad. No. 209, 1978 |
am. No. 65, 1985 | |
rep. No. 62, 1991 | |
S. 21......................................... | rs. No. 92, 1978 |
am. No. 65, 1985 | |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
Ss. 22, 23................................. | rs. No. 92, 1978 |
am. Nos. 61 and 176, 1981; No. 65, 1985 | |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 23A....................................... | ad. No. 92, 1978 |
am. No. 65, 1985 | |
rep. No. 62, 1991 | |
Heading to Div. 3 of Part IV...... | am. No. 65, 1985 |
rep. No. 62, 1991 | |
Ss. 24A, 24B............................. | ad. No. 92, 1978 |
rep. No. 62, 1991 | |
S. 24......................................... | rs. No. 62, 1991 |
rep. No. 60, 1996 | |
S. 25......................................... | rs. No. 92, 1978 |
am. No. 209, 1978; No. 65, 1985 | |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 25A....................................... | ad. No. 209, 1978 |
rep. No. 65, 1985 | |
S. 26......................................... | am. No. 92, 1978 |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 27......................................... | rs. No. 92, 1978; No. 62, 1991 |
rep. No. 60, 1996 | |
S. 28......................................... |
|
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 29......................................... | rep. No. 92, 1978 |
ad. No. 65, 1985 | |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
| ad. No. 65, 1985 rep. No. 62, 1991 |
Ss. 29A-29D............................. | ad. No. 65, 1985 |
rs. No. 62, 1991 | |
rep. No. 60, 1996 | |
| rep. No. 60, 1996 |
S. 30......................................... | rep. No. 60, 1996 |
S. 31......................................... | am. No. 92, 1978; No. 62, 1991 |
rep. No. 60, 1996 | |
S. 32......................................... | rep. No. 92, 1978 |
| rep. No. 92, 1978 |
| ad. No. 92, 1978 rep. No. 62, 1991` |
Ss. 33, 34................................. | rs. No. 92, 1978 |
am. No. 65, 1985 | |
rep. No. 62, 1991 | |
Ss. 35-39.................................. | rs. No. 92, 1978 |
rep. No. 62, 1991 | |
S. 40......................................... | rep. No. 92, 1978 |
S. 41......................................... | am. No. 92, 1978 |
rs. No. 62, 1991 | |
am. No. 60, 1996 | |
S. 42......................................... | am. No. 36, 1978 |
S. 44......................................... | am. No. 92, 1978; No. 60, 1996 |
S. 47......................................... | am. No. 60, 1996 |
S. 49......................................... | am. No. 92, 1978 |
S. 50......................................... | rs. No. 92, 1978 |
S. 51......................................... | rs. No. 92, 1978 |
am. No. 166, 1985; No. 62, 1991 | |
rep. No. 60, 1996 | |
S. 52......................................... | rs. No. 92, 1978; No. 62, 1991; No. 60, 1996 |
Ss. 53, 54................................. | am. No. 92, 1978; No. 62, 1991 |
rep. No. 60, 1996 | |
S. 55......................................... | rs. No. 92, 1978 |
am. No. 62, 1991 | |
S. 56......................................... | rep. No. 92, 1978 |
S. 57......................................... | rs. No. 92, 1978 |
rep. No. 65, 1985 | |
S. 58......................................... |
|
S. 59......................................... | am. No. 92, 1978 |
0
0
0