Commission on Advanced Education Act 1973

Legislation au C1973A00177 Not in force Act

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No. 177 of 1973

AN ACT

Relating to the Commission on Advanced Education.

[Assented to 12 December 1973]

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Commission on Advanced Education Act 1973.

(2) The Australian Commission on Advanced Education Act 1971 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Commission on Advanced Education Act 1971–1973.

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 inserting after the definition of “advanced education” the following definition:—

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

(b) by inserting after the definition of “college of advanced education” the following definitions:—

“‘Commission’ means the Commission on Advanced Education;

‘Deputy Chairman’ means the Deputy Chairman of the Commission;”; and

Establishment of Commission.

4. Section 5 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:—

“(1) The Commission established by the Australian Commission on Advanced Education Act 1971 by the name of the Australian Commission on Advanced Education is continued in existence by the name of the Commission on Advanced Education.”;

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

(c) 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.

5. Section 6 of the Principal Act is amended by omitting sub-section (3) and substituting 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.”.

6. Section 7 of the Principal Act is repealed and the following section substituted:—

Remuneration.

“7. (1) The Chairman shall be paid remuneration at such rate, and an annual allowance at such rate, as are fixed by the Parliament in relation to the Chairman of the Commission, and such other allowances as are prescribed.

“(2) The Deputy Chairman shall be paid remuneration at such rate as is fixed by the Parliament in relation to the Deputy Chairman of the Commission, and such allowances, other than an annual allowance, as are prescribed, but, until 1 January 1975, the rate of that remuneration shall be as prescribed.

“(3) A member, other than the Chairman or the Deputy Chairman, shall be paid remuneration at the rate of $2,600 a year, or at such other rate as is fixed by the Parliament, and such allowances, other than an annual allowance, 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 sub-section (3), be paid such other allowances, if any, as are prescribed.

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

‘Chairman’ includes a full-time acting Chairman;

‘Deputy Chairman’ includes a full-time acting Deputy Chairman;

‘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.”.

Vacation of office.

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

Meetings.

8. 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 substituting the words “both the Chairman and the Deputy Chairman”;

“(5) At a meeting of the Commission, a quorum is constituted by not less than five members.”; and

(d) by omitting sub-section (8) and substituting the following sub-section:—

“(8) In this section—

‘Chairman’ includes an acting Chairman of the Commission;

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

Officer of Public Service becoming Chairman or Deputy Chairman.

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

Regulations.

10. Section 20 of the Principal Act is amended by inserting before the words “fees and allowances” the word “remuneration,”.

Overview

The Commission on Advanced Education Act 1973 (C1973A00177) was enacted to address the need for a streamlined and updated framework governing the Commission on Advanced Education in Australia. The Act amends the Australian Commission on Advanced Education Act 1971 to reflect contemporary requirements and improve the governance structure of the Commission. Enacted by the Queen, the Senate, and the House of Representatives of Australia, the Act aims to ensure the efficient administration and oversight of advanced education in the country. It establishes the Commission on Advanced Education and defines its leadership roles, including the Chairman and Deputy Chairman, and provides for their remuneration, meeting protocols, and other administrative provisions. This legislation was designed to enhance the effectiveness and responsiveness of the Commission in delivering advanced education services.

Scope and Application

The Commission on Advanced Education Act 1973 establishes and regulates the functions of the Commission on Advanced Education, continuing its existence as an entity under a new name. This Act applies to the Commission on Advanced Education as an entity, its members including the Chairman and Deputy Chairman, and any acting members appointed by the Minister. The geographic reach of this Act is at the national level as it pertains to the Commission, which operates across Australia. The Act provides for the remuneration and allowances of the Commission's members, and sets out provisions for the meeting quorum and presiding roles within the Commission. There are no stated exclusions or exemptions within the text provided, but the Act may be further elaborated or restricted through subordinate instruments. The Act is effective immediately upon receiving Royal Assent.

Key Provisions

The Commission on Advanced Education Act 1973 amends the Australian Commission on Advanced Education Act 1971, renaming it the Commission on Advanced Education Act 1971-1973. This Act introduces several key changes, including the establishment of a Deputy Chairman position (section 4), provisions for acting members in case of the Deputy Chairman's absence (section 5), and adjustments to remuneration and allowances (section 7). The Act also modifies the meeting procedures, requiring the presence of both the Chairman and Deputy Chairman for meetings (section 8) and defining a quorum as not less than five members (section 8). Additionally, it addresses the vacation of office for both the Chairman and Deputy Chairman (section 7) and makes amendments to regulations, including remuneration (section 10). Under this Act, the Commission on Advanced Education is governed by the presence of a Chairman and a Deputy Chairman, both of whom are appointed for terms not exceeding seven years (section 4). The Deputy Chairman's duties include presiding over meetings in the absence of the Chairman (section 8(3a)). In cases where the Deputy Chairman cannot attend, the Minister has the authority to appoint an acting Deputy Chairman (section 5(3)). Members of the Commission, including the Chairman, Deputy Chairman, and other members, receive specific remuneration and allowances as prescribed by Parliament (section 7). The Act also outlines the conditions under which a member of the Public Service can become the Chairman or Deputy Chairman of the Commission (section 9). The Act imposes several obligations on the parties it governs. Primarily, it mandates the presence of the Chairman and Deputy Chairman at meetings, with specific provisions for their absence (section 8). It also requires that a quorum of at least five members be present at meetings (section 8(5)). Furthermore, it stipulates the terms and conditions of appointment for the Chairman and Deputy Chairman, including provisions for acting members and their remuneration (section 5 and 7). The Act also outlines the process for the vacation of office for the Chairman and Deputy Chairman (section 7). For breaches of the provisions outlined in the Act, specific penalties and consequences may apply. While the Act does not explicitly detail penalties for breaches, it is implied that violations of the stipulated terms and conditions for the Chairman, Deputy Chairman, and other members could result in disciplinary action or other legal consequences. The Act’s provisions are enforced through the authority granted to the Minister to appoint acting members and terminate appointments as necessary (section 5(4)). Additionally, any failure to adhere to the meeting requirements or quorum provisions could result in the invalidity of decisions made during such meetings, thereby impacting the legal standing of the Commission’s actions.

Area of Law: Administrative Law
Instrument: Act
Concepts: Commencement Provisions; Definitions & Interpretation; Repeal & Amendment; Licensing & Registration

Interactions

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.

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