EDUCATION.
No. 29 of 1959.
An Act to amend the Education Act 1945.
[Assented to 7th May, 1959.]
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 Education Act 1959.
(2.) The Education Act 1945 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Education Act 1945–1959.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Title.
3. The title of the Principal Act is amended by omitting the words “a Universities Commission” and inserting in their stead the words “a Commonwealth Scholarships Board”.
Commonwealth Office of Education.
4. Section five of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(3.) In relation to university education, the Commonwealth Office of Education shall advise the Minister with respect to such matters only as the Minister directs.”.
5. The Principal Act is amended by omitting the heading to Part III. and inserting in its stead the following heading:—
“Part III.—The Commonwealth Scholarships Board.”.
Establishment of Board.
6.—(1.) Section eight of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words “a Commission, to be known as the Universities Commission” and inserting in their stead the words “a Board, to be known as the Commonwealth Scholarships Board”; and
(b) by omitting from sub-sections (2.) and (3.) the word “Commission” and inserting in its stead the word “Board”.
(2.) The body corporate constituted by sub-section (2.) of section eight of the Principal Act, as amended by this Act, shall be deemed to be a continuation of the body corporate that existed under the name of the Universities Commission by virtue of sub-section (2.) of section eight of the Principal Act, so that the property, rights, liabilities and obligations of the body corporate, as subsisting immediately before the commencement of this Act, are not affected by the change in the name of the body corporate.
(3.) All courts, judges, and persons acting judicially shall take judicial notice of the seal of the Universities Commission affixed to any document before the commencement of this Act and shall presume that it was duly affixed.
Additional amendments.
7. The Principal Act is amended as set out in the Schedule to this Act.
THE SCHEDULE. Section 7.
———
ADDITIONAL AMENDMENTS.
Sections amended. | Amendments. |
2 | Omit “The Universities Commission”, insert “The Commonwealth Scholarships Board” |
3 | (a) Omit the definition of “Commissioner”, insert the following definition:— “‘member’ means a member of the Board;” (b) Omit from the definition of “similar institution” the word “Commission”, insert “Board” (c) Omit the definitions of “the Chairman” and “the Commission”, insert the following definitions:— “‘the Board’ means the Commonwealth Scholarships Board constituted by this Act; ‘the Chairman’ means the Chairman of the Board;” |
9 | Omit “Commission” (wherever occurring), insert “Board” |
10 | Omit “Commissioner”, insert “member” |
11 | (a) Omit “Commissioner”, insert “member” (b) Omit from paragraph (e) “Commission”, insert “Board” |
12 | Omit “Commissioner”, insert “member” |
13 | (a) Omit “Commission” (wherever occurring), insert “Board” (b) Omit from sub-sections (3.) and (4.) “Commissioners”, insert “members” (c) Omit from sub-section (5.) “Commissioner”, insert “member” |
14 | Omit “Commission” (wherever occurring), insert “Board” |
16 | (a) Omit “Commission” (wherever occurring), insert “Board” (b) Omit “Commission’s”, insert “Board’s” |
18 | Omit “Commission” (wherever occurring), insert “Board” |
Overview
The Education Act 1959 was enacted to amend the Education Act 1945, addressing the need for updated governance and advisory structures within the educational framework of the Commonwealth. The Act was introduced by the Parliament of the Commonwealth of Australia and received Royal Assent on 7th May 1959. The primary objective of this legislation was to transition the governance of university education from the Universities Commission to the newly established Commonwealth Scholarships Board. This change aimed to streamline the administration and advisory processes related to university education, ensuring that the Commonwealth Office of Education provides advice to the Minister only on matters directed by the Minister. The Act also sought to ensure that the transition of responsibilities from the Universities Commission to the Commonwealth Scholarships Board was seamless, maintaining continuity in terms of property, rights, liabilities, and obligations.
Scope and Application
The Education Act 1959 amends the Education Act 1945, introducing significant changes to the governance and administration of university education within the Commonwealth of Australia. This Act applies to the Commonwealth Office of Education and the newly established Commonwealth Scholarships Board, which replaces the former Universities Commission. The scope of the Act encompasses the administration and oversight of university education, with the Commonwealth Office of Education now having a defined advisory role as directed by the Minister. The Act also establishes the Commonwealth Scholarships Board as the central body for managing scholarships and other educational matters within the jurisdiction of the Commonwealth. The changes effected by this legislation are nationwide, applying to all universities and educational institutions operating under the purview of the Commonwealth. The Act does not explicitly state exclusions or exemptions, but it is implied that the amendments focus on administrative and structural changes rather than substantive educational content or operational standards. The Act’s provisions can be further detailed or expanded through subordinate instruments, which may include regulations or guidelines issued under the authority of the Act.
Key Provisions
The Education Act 1959 (C1959A00029) amends the Education Act 1945, introducing several key changes primarily focused on the establishment and function of a Commonwealth Scholarships Board, replacing the former Universities Commission. Under Section 1, this Act is referred to as the Education Act 1959, while the Education Act 1945 is referred to as the Principal Act. The title of the Principal Act is amended in Section 3 to reflect the new name of the Commonwealth Scholarships Board. Section 4 amends the Principal Act to specify that the Commonwealth Office of Education will advise the Minister on university education matters as directed by the Minister. The heading of Part III of the Principal Act is changed in Section 5 to reflect the new Commonwealth Scholarships Board. Section 6 provides for the establishment of this Board, replacing the former Universities Commission, while ensuring continuity in property, rights, liabilities, and obligations.
The Act imposes certain obligations on the Commonwealth Scholarships Board, as detailed in the amendments made throughout the Principal Act. Section 6(1) and (2) stipulate the establishment of the Board and ensure that it continues the functions and responsibilities of the former Universities Commission. Section 6(3) mandates that courts, judges, and judicial persons recognize the seal of the former Commission as valid. Various sections in the Principal Act are amended (as outlined in the Schedule), replacing references to "Commission" and "Commissioner" with "Board" and "member," respectively. This ensures consistency in terminology across the Act and reflects the transition from the Universities Commission to the Commonwealth Scholarships Board.
The Act does not explicitly outline specific offences, penalties, or consequences for breaches within the provided text. However, it is likely that the Principal Act, which remains in force with these amendments, contains provisions regarding penalties for non-compliance. Given the administrative and governance nature of the Act, potential breaches might involve procedural or administrative errors, rather than specific criminal offences. The exact nature and severity of penalties would typically be detailed within the Principal Act and any related regulations or subsidiary legislation.