Board of Higher Forestry Education Regulations

Administered by Department of Agriculture

Legislation au F1997B02216 Regulations Not in force Legislative Instrument

Legislation content

Board of Higher Forestry Education Regulations

Statutory Rules 1945 No. 27 as amended

made under the

Forestry and Timber Bureau Act 1930

This compilation was prepared on 27 August 2004
taking into account amendments up to SR 1947 No. 111

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1] 

 2 Interpretation 

 3 Powers and functions of Board 

 4 Chairman 

 5 Meetings of Board 

 6 Quorum, voting etc 

 7 Voting by post 

Notes  

 

 

 

 

1 Citation [see Note 1]

  These Regulations may be cited as the Board of Higher Forestry Education Regulations.

2 Interpretation

  In these Regulations, unless the contrary intention appears:

committee means a committee appointed by the Board.

member means a member of the Board, and includes a deputy of a member.

the Board means the Board of Higher Forestry Education.

the Chairman means the Chairman of the Board.

the School means the Australian Forestry School established by the Forestry Bureau.

3 Powers and functions of Board

  The powers and functions of the Board shall be as follows:

 (a) to advise the Director-General on the following matters:

 (i) the diploma course of the School;

 (ii) the examination of candidates for the diploma of the School;

 (iii) the issue of the diploma of the School to successful candidates; and

 (iv) conditions governing the award of prizes and scholarships under the terms and conditions of any benefaction;

 (b) to consider syllabuses of pre-requisite courses leading to the diploma course of the School arranged by the respective Universities, and to make recommendations to the Universities thereon;

 (c) to bring to the notice of the Minister and Commonwealth and State Forestry Authorities and Universities resolutions of the Board and matters relating to higher forestry education; and

 (d) to make reports and recommendations to the Director-General relating to:

 (i) staff required for lecturing and instructional purposes in connexion with the diploma course of the School;

 (ii) the filling of vacancies on the lecturing and instructional staff of the School; and

 (iii) the performance of secretarial duties on behalf of the Board, and the filling of any vacancy in any secretarial position of the Board.

4 Chairman

 (1) At the Annual General Meeting of the Board, the members of the Board shall elect a Chairman, who shall hold office until the next Annual General Meeting, and shall be eligible for
re-election.

 (2) In the event of a casual vacancy in the office of Chairman, the members of the Board shall, at the next meeting of the Board after the vacancy occurs, appoint a member to be the Chairman until the next Annual General Meeting of the Board.

 (3) At any meeting of the Board at which the Chairman is not present, the members present shall elect one of their number to act as Chairman, and the member so elected shall, at that meeting, have all the powers and functions of the Chairman.

5 Meetings of Board

 (1) Meetings of the Board shall be held at such times and places as the Board determines or as are fixed in pursuance of any resolution of the Board.

 (2) A meeting of the Board, to be known as the Annual General Meeting, shall be held in every year.

 (3) The Minister may at any time call an extraordinary meeting of the Board.

 (4) Notice of meetings (other than meetings called by the Minister) shall give such length of notice and shall be given in such manner as the Board from time to time determines.

 (5) Notice of a meeting called by the Minister shall give such length of notice and shall be given in such manner as the Minister thinks fit.

6 Quorum, voting etc

 (1) At all meetings of the Board or of a committee, a majority of the members shall constitute a quorum.

 (2) All questions before the Board or a committee shall be decided by a majority of votes.

 (3) The Chairman, in addition to his deliberative vote or votes, shall also have, in the case of an equality of votes, a casting vote.

 (4) The Board may adopt standing orders for the conduct of its meetings.

7 Voting by post

 (1) A motion by a member of the Board may be submitted and voted on by the members of the Board by post, without a meeting of the Board being held.

 (2) On any motion so submitted, each member shall have the same number of votes as he would have at a meeting of the Board, and the motion shall be decided by a majority of the votes recorded. In the event of an equality of votes, the Chairman shall have a casting vote.

 (3) A member of the Board desiring to submit a motion in pursuance of this regulation shall forward the motion by post to the Secretary, who shall forthwith deliver the motion to the Chairman.

 (4) If the motion is received by the Chairman more than eight weeks before the time at which the next meeting of the Board is to be held, the Chairman shall cause the Secretary to submit the motion, by post, to all members, specifying the last day of the period during which votes will be received, being a period of not less than three weeks commencing from the day by which the motion would, in the ordinary course of the post, have reached all members.

 (5) The Secretary shall deliver to the Chairman all votes on any such motion which are received by him on or before the day so specified.

 (6) A member may, instead of, or in additon to, recording his vote, notify the Secretary that he desires the motion to be postponed until the next meeting of the Board.

 (7) The Secretary shall refer to the Chairman all such notices received on or before the last day for receiving votes and the Chairman shall, if not less than three such notices are received, postpone the motion until the next meeting of the Board.

 (8) Except in any case in which the last preceding subregulation applies, the Chairman shall count all votes duly received, and cause the result of the ballot to be entered in the minutes of the Board and notified to all members.

Notes to the Board of Higher Forestry Education Regulations

Note 1

The Board of Higher Forestry Education Regulations (in force under the Forestry and Timber Bureau Act 1930) as shown in this compilation comprise Statutory Rules 1945 No. 27 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1945 No. 27

8 Mar 1945

8 Mar 1945

 

1947 No. 111

7 Aug 1947

28 Feb 1947

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 3.................

1947 No. 111

 

 

Overview

The Board of Higher Forestry Education Regulations, enacted in 1945 under the Forestry and Timber Bureau Act 1930, aim to provide a structured framework for the operation of the Board of Higher Forestry Education. This legislative instrument was introduced to address the need for a formalised governance structure and operational guidelines for the Board, which is responsible for advising on forestry education matters and facilitating the higher education component of the forestry sector. The regulations were enacted by the Commonwealth Parliament and the relevant legislature, with the policy objective of ensuring that the Board can effectively carry out its advisory, recommendation, and reporting functions related to forestry education. The Board's responsibilities include advising on the diploma course, examining candidates, issuing diplomas, recommending syllabuses, and reporting on staffing and secretarial needs. The regulations also outline the election process for the Chairman, meeting procedures, voting mechanisms, and provisions for conducting meetings and voting by post.

Scope and Application

The Board of Higher Forestry Education Regulations, made under the Forestry and Timber Bureau Act 1930, establish the framework for the operations of the Board of Higher Forestry Education, which is tasked with advising on various aspects of higher forestry education. The Regulations apply to the Board of Higher Forestry Education, its members, and the Australian Forestry School, and their reach is nationwide. The Board's powers and functions include advising the Director-General on the diploma course, examining candidates, awarding diplomas, and recommending syllabuses for pre-requisite courses. The Chairman is elected annually, with provisions for casual vacancies, and the Board can convene regular and extraordinary meetings. Voting procedures and quorum requirements are specified, and the Board may conduct votes by post. The Regulations do not explicitly state exclusions or exemptions, but their focus is on the educational and administrative functions of the Board within the forestry sector. Any amendments or extensions to these Regulations can be made through further statutory rules under the authority of the Forestry and Timber Bureau Act 1930.

Key Provisions

The Board of Higher Forestry Education Regulations, made under the Forestry and Timber Bureau Act 1930, outline the specific powers, functions, and procedural requirements of the Board of Higher Forestry Education. These regulations are crucial for governing the operations and responsibilities of the Board in relation to the Australian Forestry School. Section 3 of the Regulations specifies the Board's powers and functions, which include advising the Director-General on the diploma course, examining candidates, issuing diplomas, and recommending syllabuses for pre-requisite courses. Additionally, the Board is tasked with bringing resolutions and matters related to higher forestry education to the attention of the Minister and relevant authorities, as well as reporting on staffing and secretarial needs. Section 4 details the election and appointment of the Chairman, ensuring continuity in leadership with provisions for annual elections and handling of casual vacancies. Section 5 governs the scheduling and notice of Board meetings, including the Annual General Meeting and extraordinary meetings called by the Minister, while Section 6 establishes the quorum requirements and voting procedures for Board and committee meetings, along with the Chairman's casting vote in case of a tie. Section 7 allows for motions and votes to be submitted and conducted by post, providing flexibility in decision-making processes. The Board of Higher Forestry Education and its members are subject to several obligations and requirements as outlined in the Regulations. Primarily, the Board must ensure that it provides timely and informed advice to the Director-General on matters related to the School's diploma course, examinations, and scholarship conditions. The Board must also consider and recommend on pre-requisite course syllabuses, report on staffing and secretarial needs, and bring relevant resolutions and matters to the attention of the Minister and other authorities. Furthermore, the Chairman's role is critical in presiding over Board meetings and casting votes in case of a tie, ensuring that the Board's decisions are made efficiently and effectively. The Regulations also mandate that meetings are held at scheduled times and that proper notice is provided, with specific rules for both regular and extraordinary meetings. Additionally, the Board is required to maintain accurate minutes of its meetings, including decisions made by post. Breaches of the Board of Higher Forestry Education Regulations may not explicitly outline specific offences, penalties, or civil/criminal consequences within the provided text. However, the failure to comply with the procedural requirements and obligations set forth in the Regulations could potentially lead to consequences under broader legislative frameworks or administrative actions. For instance, not providing timely advice or recommendations to the Director-General could be viewed as neglecting statutory duties, potentially leading to disciplinary measures or administrative sanctions. Similarly, not adhering to meeting schedules or quorum requirements might be considered a failure to conduct business as per the Regulations, possibly resulting in the nullification of certain decisions or actions taken. While the Regulations themselves do not detail specific penalties, non-compliance could attract scrutiny and corrective actions from the Forestry and Timber Bureau or other relevant authorities.

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Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Meetings of Board
Voting by post
Powers and functions of Board

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