Employment, Education and Training Legislation Amendment Act 1994

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Employment, Education and Training
Legislation Amendment Act 1994

No. 79 of 1994

 

An Act to amend various Acts, and to repeal other Acts,
relating to employment, education and training, and for
related purposes

[Assented to 23 June 1994]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Employment, Education and Training Legislation Amendment Act 1994.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.


PART 2—REPEALS

Repeals

3. The following Acts are repealed:

States Grants (Advanced Education Assistance) Act 1976

States Grants (Tertiary Education Assistance) Act 1987

States Grants (Technical and Further Education Assistance) Act 1989.

PART 3—HIGHER EDUCATION FUNDING ACT 1988

Principal Act

4. In this Part, “Principal Act” means the Higher Education Funding Act 19881.

Maximum grants

5. Section 17 of the Principal Act is amended by omitting paragraphs (f), (g) and (h) and substituting the following paragraphs:

“(f) in the case of the year 1994—$3,500,395,000; and

(g) in the case of the year 1995—$3,565,351,000; and

(h) in the case of the year 1996—$3,616,156,000.”.

PART 4—MARITIME COLLEGE ACT 1978

Principal Act

6. In this Part, “Principal Act” means the Maritime College Act 19782.

Interpretation

7. Section 4 of the Principal Act is amended:

(a) by omitting “or the Chairman” from the definition of “ex officio member” and substituting “, the Chairperson or the Chairperson of the Academic Board of the College”;

(b) by omitting “a” from the definition of “teaching staff member” and substituting “the”;

(c) by omitting the definitions of “Chairman” and “Deputy Chairman”;

(d) by inserting the following definitions:

“ ‘Chairperson’ means the Chairperson of the Council;

‘Deputy Chairperson’ means the Deputy Chairperson of the Council;”.


Constitution of Council

8.(1) Section 11 of the Principal Act is amended by omitting paragraph (c) and substituting the following paragraphs:

“(ba) the Chairperson of the Academic Board of the College;

(c) one member of the teaching staff of the College elected by the teaching staff;”.

(2) The member of the Council who, immediately before the commencement of this section, was a teaching staff member because he or she was elected by the senior teaching staff of the College stops being a teaching staff member at the commencement of this section.

(3) The other member of the Council who, immediately before the commencement of this section, was a teaching staff member:

(a) after the commencement of this section, holds office as the teaching staff member of the Council; and

(b) continues to hold that office until the time when his or her term of office as a teaching staff member of the Council would otherwise have expired.

Repeal of section 12

9. Section 12 of the Principal Act is repealed.

Term of office

10. Section 13 of the Principal Act is amended by inserting after subsection (3) the following subsection:

“(4) The Chairperson of the Academic Board of the College holds office as a member while he or she holds office as the Chairperson of the Academic Board.”.

Chairperson and Deputy Chairperson

11. Section 15 of the Principal Act is amended by omitting “Chairman” (wherever occurring) and substituting “Chairperson”.

Removal from office

12. Section 17 of the Principal Act is amended by adding at the end of subsection (3) “or the Chairperson of the Academic Board of the College”.

Member to cease to hold office in certain circumstances

13. Section 19 of the Principal Act is amended by inserting in subsection (1) “or the Chairperson of the Academic Board of the College” after “Principal”.


Statutes

14. Section 24 of the Principal Act is amended by omitting paragraph (1)(c) and substituting the following paragraph:

“(c) the persons who are to be regarded as members of the teaching staff of the College for the purposes of this Act;”.

Further amendments

15. The Principal Act is further amended as set out in the Schedule.


SCHEDULE Section 15

1. Amendments relating to Chairperson and Deputy Chairperson

The following provisions are amended by omitting “Chairman” (wherever occurring) and substituting “Chairperson”:

Paragraph 11(1)(f)

Subsection 13(8)

Section 21

Subsections 22(1), (2), (3), (4) and (9).

2. Further amendments

 

Provision

Amendment

1. Subsection 13(2)

Insert “or she” after “he”.

2. Subsection 13(3)

Omit “his”, substitute “the”.

3. Paragraph 13(5)(b)

Insert “or she” after “he”.

4. Subparagraph 13(7)(b)(ii)

Insert “or she” after “he”.

5. Subsection 13(8)

Insert “or her” after “his”.

 

Insert “or she” after “he”.

6. Section 14

Insert “or her” after “his”.

7. Paragraph 15(3)(a)

Insert “or her” after “his”.

8. Paragraph 15(3)(b)

Insert “or her” after “his”.

 

Insert “or her” after “him”.

9. Paragraph 15(4)(a)

Insert “or her” after “his” (twice occurring).

 

Insert “or she” after “he”.

10. Paragraph 15(4)(b)

Insert “or her” after “his”.

 

Insert “or her” after “him”.

11. Paragraph 15(4)(c)

Insert “or she” after “he”.

12. Subsection 17(2)

Insert “or her” after “his” (twice occurring).

 

Insert “or her” after “him” (twice occurring).

 


SCHEDULE—continued

Further amendments—continued

 

Provision

Amendment

13. Subsection 18(1)

Insert “or she” after “he”.

 

Insert “or her” after “his” (twice occurring).

14. Subsection 19(1)

Insert “or her” after “his”.

 

Insert “or her” after “him”.

15. Subsection 19(2)

Omit “he”, substitute “the person”.

16. Subsection 19(3)

Omit “he”, substitute “the person”.

17. Section 20

Insert “or her” after “his” (twice occurring).

18. Subsection 22(3)

Insert “or she” after “he”.

19. Subsection 22(9)

Insert “or she” after “he”.

20. Subsection 26(4)

Insert “or her” after “his”.

21. Subsection 26(5)

Insert “or she” after “he”.

22. Paragraph 27(1)(b)

Insert “or her” after “his”.

23. Subsection 27(4)

Insert “or she” after “he”.

 

Omit “his”, substitute “the”.

 

Insert “or her” after “him”.

24. Subsection 27(5)

Insert “or she” after “he”.

25. Paragraph 27(6)(a)

Insert “or her” after “his”.

26. Paragraph 27(6)(c)

Insert “or her” after “his”.

NOTES

1. No. 2, 1989, as amended. For previous amendments, see No. 138, 1988; Nos. 80, 168 and 179, 1989; No. 122, 1990; Nos. 53, 177 and 216, 1991; Nos. 74 and 158, 1992; and No. 116, 1993.

2. No. 54, 1978, as amended. For previous amendments, see No. 80, 1982; No. 72, 1984; No. 65, 1985; No. 137, 1986; No. 126, 1987; Nos. 38 and 87, 1988; No. 2, 1989; and No. 158, 1992.


[Minister’s second reading speech made in—

House of Representatives on 11 May 1994

Senate on 12 May 1994]

Overview

The Employment, Education and Training Legislation Amendment Act 1994 (No. 79 of 1994) was enacted by the Parliament of Australia to address various gaps and issues in the existing legislative framework governing employment, education, and training. The Act was assented to on 23 June 1994, and it includes amendments to several key Acts, as well as repealing certain outdated legislation to streamline and modernise the regulatory environment. Among other changes, the Act aims to update the definitions and roles within educational institutions, particularly in relation to higher education funding and the governance of maritime colleges. The objective of this Act is to ensure that the legislative provisions are aligned with contemporary educational needs and practices, thereby facilitating better governance, funding, and delivery of education and training services.

Scope and Application

The Employment, Education and Training Legislation Amendment Act 1994 amends various Acts to improve the legislative framework for employment, education, and training in Australia. This Act applies to the Commonwealth and includes amendments to the Higher Education Funding Act 1988 and the Maritime College Act 1978. It involves the repeal of certain Acts, including the States Grants (Advanced Education Assistance) Act 1976, the States Grants (Tertiary Education Assistance) Act 1987, and the States Grants (Technical and Further Education Assistance) Act 1989, thereby consolidating and updating the legislative provisions related to education funding. The Act also revises the composition and roles of the Councils under the amended Principal Acts, with a focus on restructuring the membership to better reflect contemporary educational governance structures. Notably, the Act introduces gender-neutral language throughout, updating definitions and references to align with current standards. The application of the Act is comprehensive, covering amendments to specific sections and provisions within the Principal Acts, with the changes taking effect upon the Act's commencement. Subordinate instruments may extend or restrict the application of these provisions as necessary.

Key Provisions

The Employment, Education and Training Legislation Amendment Act 1994 primarily focuses on the amendments to the Higher Education Funding Act 1988 and the Maritime College Act 1978, along with the repeal of several older Acts related to education grants. Section 5 amends the maximum grant amounts for the years 1994, 1995, and 1996 under the Principal Act, ensuring updated funding allocations for higher education institutions. Section 7 redefines key terms within the Maritime College Act 1978, such as "ex officio member" and "teaching staff member," and introduces new definitions for "Chairperson" and "Deputy Chairperson." These amendments reflect changes in the structure and nomenclature of the governing bodies within maritime colleges. The Act imposes specific obligations on the institutions governed by these legislative changes. Section 8 details the constitution of the Council within maritime colleges, now including the Chairperson of the Academic Board and a teaching staff member elected by the staff. The term of office for these positions is further clarified in Section 10, ensuring that the Chairperson of the Academic Board holds office as long as they maintain their position as Chairperson. Section 12 addresses the removal from office, now explicitly including the Chairperson of the Academic Board among those who may be removed under certain conditions. Regarding penalties and consequences for non-compliance, the Act does not explicitly outline specific offences or penalties within the provided excerpts. However, given the nature of legislative amendments, any failure to adhere to the newly defined roles, responsibilities, and structural changes could potentially result in legal ramifications or administrative penalties under the respective Acts. These could include fines, corrective actions, or other measures deemed necessary by the relevant authorities to ensure compliance with the updated legislative framework.

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Employment & Labour Law
Education Law
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Commencement Provisions
Repeal & Amendment
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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.