EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 103
Issued by the Authority of the
Minister for Education
COMMONWEALTH TERTIARY EDUCATION COMMISSION REGULATIONS
The Commonwealth Tertiary Education Commission Act 1977 (the Act) contains Schedules which list the names of universities and colleges of advanced education for the purposes of the Act. Schedule 2 of the Act lists the names of colleges of advanced education in Australia.
Section 44 of the Act provides that the Schedules may be varied by the making of Regulations, subject to the requirement that prior consideration by the Minister of State for Education has been given to any proposed inclusion or deletion of an institution and that there has been prior consultation with the State (or States). The purpose of these Regulations is to recognise the consolidation and merger of a number of colleges of advanced education to either form a single new institution or an amalgamation with an existing institution.
The process of consolidation in advanced education has produced the need for a number of variations in connection with Schedule 2 of the Act. In addition, an amendment was made to the Act during 1981 to insert the word “Commonwealth” in its title. In view of the nature of the above amendments it has been decided to prepare a new set of Regulations which: recognise the results of the consolidation process; repeal existing Regulations made under the old title to the Act; provide a summary of all amendments to Schedule 2 made to date.
Retrospective Effect
The retrospective effect of items 1 to 9 in the Schedule does not represent a delay in making Regulations under the Act. Rather items 1-9 are a restatement of Regulations made under the old title to the Act and which are repealed by the attached Statutory Rules. The delay in making the declaration at item 19 was at the request of the State of Western Australia. The retrospective effect of the Regulations will not prejudice the rights of, nor impose liabilities, on any person. The retrospectivity does not create additional financial obligations.