Australian Universities Commission Act 1971

Legislation au C1971A00117 Not in force Act

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Australian Universities Commission

No. 117 of 1971

An Act to amend the Australian Universities Commission Act 1959–1968.

[Assented to 9 December 1971]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian Universities Commission Act 1971.

(2.) The Australian Universities Commission Act 1959–1968 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian Universities Commission Act 1959–1971.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Definitions.

3. Section 3 of the Principal Act is amended—

(a) by omitting from the definition of “the Chairman” the words “, and includes an Acting Chairman of the Commission”; and

(b) by inserting after the definition of “the Commission” the following definition:—

“‘the Deputy Chairman’ means the Deputy Chairman of the Commission;”.

Certain institutions to be treated as universities.

4. Section 4 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) The reference in the last preceding sub-section to higher education shall be read as not including a reference to education that is advanced education for the purposes of the Australian Commission on Advanced Education Act 1971.”.

Establishment of Commission.

5. Section 5 of the Principal Act is amended—

(a) by inserting in sub-section (2.), after the word “Chairman”, the words “, a Deputy Chairman”; and

(b) by inserting in sub-section (4.), after the words “seven years”, the words “, the Deputy Chairman shall be appointed for a term not exceeding seven years”.

Acting members.

6. Section 6 of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-sections:—

“(3.) In the event of the inability of the Deputy Chairman (whether on account of illness or otherwise) to attend meetings of the Commission, the Minister may appoint a member, other than the Chairman, to be the Acting Deputy Chairman of the Commission during that inability.

“(4.) An appointment under this section may be terminated at any time by the Minister.”.

7. Section 7 of the Principal Act is repealed and the following section inserted in its stead:—

Remuneration.

“7.—(1.) The Chairman shall be paid remuneration at the rate of Twenty thousand eight hundred dollars a year, an annual allowance at the rate of One thousand dollars a year and such other allowances as are prescribed.

“(2.) The Deputy Chairman shall be paid remuneration at the rate of Sixteen thousand five hundred and twenty-eight dollars a year and such allowances as are prescribed.

“(3.) A member other than the Chairman or the Deputy Chairman shall be paid remuneration at the rate of Two thousand six hundred dollars a year and such allowances as are prescribed.

“(4.) An Acting Chairman of the Commission (not being a full-time Acting Chairman), or an Acting Deputy Chairman of the Commission


(not being a full-time Acting Deputy Chairman), shall, in addition to the remuneration and allowances payable to him under the last preceding sub-section, be paid such other allowances, if any, as are prescribed.

“(5.) In this section, unless the contrary intention appears—

‘full-time Acting Chairman’ means an Acting Chairman of the Commission who is the Deputy Chairman of the Commission or any other Acting Chairman who, under a term of his appointment as Acting Chairman, is required to give the whole of his time to the duties of his office as Acting Chairman;

‘full-time Acting Deputy Chairman’ means an Acting Deputy Chairman of the Commission who, under a term of his appointment as Acting Deputy Chairman, is required to give the whole of his time to the duties of his office as Acting Deputy Chairman;

‘the Chairman’ includes a full-time Acting Chairman;

‘the Deputy Chairman’ includes a full-time Acting Deputy Chairman.”.

Vacation of office.

8. Section 11 of the Principal Act is amended by inserting in paragraph (a), after the word “Chairman”, the words “or the Deputy Chairman”.

Meetings.

9. Section 12 of the Principal Act is amended—

(a) by inserting after sub-section (3.) the following sub-section:—

“(3a.) In the event of the absence of the Chairman from a meeting of the Commission, being a meeting at which the Deputy Chairman is present, the Deputy Chairman shall preside at the meeting.”;

(b) by omitting from sub-section (4.) the words “the Chairman” and inserting in their stead the words “both the Chairman and the Deputy Chairman”; and

(c) by adding at the end thereof the following sub-section:—

“(8.) In this section—

‘the Chairman’ includes an Acting Chairman of the Commission;

‘the Deputy Chairman’ includes an Acting Deputy Chairman of the Commission.”.

Performance of functions of Commission.

10. Section 14 of the Principal Act is amended by inserting in sub-section (2.), after the word “universities”, the words “, with the Australian Commission on Advanced Education”.

Committees.

11. Section 17 of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) A member of a Committee shall be paid such fees and allowances as are prescribed, and shall hold office on such other terms and conditions as the Minister determines.”.


Officer of Commonwealth becoming Chairman or Deputy Chairman.

12. Section 18 of the Principal Act is amended by inserting after the word “Chairman” (wherever occurring) the words “or Deputy Chairman”.

Staff.

13. Section 19 of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(6.) In this section, ‘the Chairman’ includes an Acting Chairman of the Commission.”.

14. After section 19 of the Principal Act the following section is inserted:—

Regulations.

“20. The Governor-General may make regulations, not inconsistent with this Act, prescribing fees and allowances, other than annual allowances, for the purposes of section seven or sub-section (3.) of section seventeen of this Act.”.

 

Overview

The Australian Universities Commission Act 1971 was enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, on 9 December 1971. This Act amended the Australian Universities Commission Act 1959–1968, which is referred to as the Principal Act, to be subsequently cited as the Australian Universities Commission Act 1959–1971. The purpose of this amendment was to introduce structural and functional changes within the Australian Universities Commission, including the establishment of a Deputy Chairman position, the clarification of remuneration for Commission members, and the exclusion of advanced education from the purview of the Commission. This amendment aimed to refine the administrative and operational framework of the Commission, ensuring it could effectively address its policy objectives within the evolving landscape of higher education in Australia.

Scope and Application

The Australian Universities Commission Act 1971 amends the Australian Universities Commission Act 1959–1968, which it subsequently refers to as the Principal Act. The amended Act, now known as the Australian Universities Commission Act 1959–1971, applies to the Australian Universities Commission, its members, and related institutions. This legislation primarily targets the roles and responsibilities within the Commission, including the establishment and remuneration of the Chairman and Deputy Chairman positions. The Act applies to the Commonwealth jurisdiction, as it is an Act of the Australian Parliament. It includes provisions for the Deputy Chairman's appointment and acting arrangements, remuneration details for the Chairman, Deputy Chairman, and other members, and the conditions under which the Deputy Chairman may preside over meetings in the absence of the Chairman. Additionally, the Act allows for the making of regulations to prescribe fees and allowances, subject to the terms of the Act.

Key Provisions

The Australian Universities Commission Act 1971 (the Act) amends the Australian Universities Commission Act 1959–1968 (the Principal Act) to introduce several changes to the governance and operational structure of the Australian Universities Commission (the Commission). One of the key amendments is the establishment of a Deputy Chairman position, as per section 5, which includes the Deputy Chairman as part of the Commission, along with the Chairman, and sets out their respective terms of office in section 5(4). The Act also clarifies the remuneration and allowances for the Chairman, Deputy Chairman, and other members of the Commission, as detailed in section 7. The Act further defines the roles and responsibilities of the Deputy Chairman, including presiding over Commission meetings in the absence of the Chairman, as per section 9(3a). It also includes provisions for the appointment of an Acting Deputy Chairman in cases where the Deputy Chairman is unable to attend meetings, as outlined in section 6(3). Moreover, the Act outlines the circumstances under which the office of the Chairman or Deputy Chairman may be vacated, as per section 11. The obligations imposed by the Act on the parties governed by it include the establishment of a Deputy Chairman role within the Commission, the setting of specific remuneration and allowances for the Chairman, Deputy Chairman, and other members, and the establishment of protocols for the appointment of Acting Deputy Chairmen. The Act also imposes obligations on the Commission to perform its functions in relation to both universities and advanced education institutions, as amended in section 14. Additionally, the Act mandates the Governor-General to make regulations prescribing fees and allowances for the Chairman, Deputy Chairman, and other members, as stipulated in section 20. For breaches of the provisions outlined in the Act, specific offences, penalties, or civil/criminal consequences may apply. However, the Act itself does not explicitly state the penalties for non-compliance. Instead, it is likely that penalties would be determined by the regulations made under section 20 or by other relevant legislation, such as the Crimes Act 1914. It is also possible that breaches of the Act could result in administrative penalties, such as fines or other sanctions, depending on the nature and severity of the breach.

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Corporate Law & Governance
Instrument
Act
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Definitions & Interpretation
Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.