Universities Commission Act 1974

Legislation au C2004A00137 Not in force Act

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UNIVERSITIES COMMISSION ACT 1974

No. 79 of 1974

 

An Act to amend the Australian Universities Commission Act 1959-1973.

 

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 Universities Commission Act 1974.

(2) The Australian Universities Commission Act 1959-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Universities Commission Act 1959-1974.

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 “an Australian Universities Commission” and substituting the words “a Universities Commission”.

Definitions.

4. Section 3 of the Principal Act is amended—

(a) by inserting, before the definition of “financial assistance”, the following definition:—

“‘Deputy Chairman’ means a Deputy Chairman of the Commission;

(b) by omitting from the definition of “the Commission” the word “Australian”;

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

(d) by omitting the definition of “university” and substituting the following definition:—

“‘university’ means—

(a) an institution constituted as a university within Australia by a law of Australia, a State or an internal Territory; or

(b) an institution or proposed institution that is specified in a direction for the time being in force under section 4,

and includes a residential college or a proposed residential college connected with any such institution or proposed institution.”.

5. (1) Section 4 of the Principal Act is repealed and the following section substituted: —

Certain institutions to be treated as universities.

“4. The Minister may, by writing under his hand, direct that this Act shall apply to an institution or proposed institution that he is satisfied is to be constituted as a university within Australia by a law of Australia, a State or an internal Territory.”.

(2) A direction in force under section 4 of the Principal Act immediately before the date of commencement of this Act continues in force on and after that date as if made under section 4 of the Principal Act as amended by this Act.

Establishment of Commission.

6. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (1) the word “Australian”;

(b) by omitting from sub-section (2) the words “a Deputy Chairman” and substituting the words “two Deputy Chairmen”; and

(c) by omitting from sub-section (4) the words “the Deputy Chairman” and substituting the words “each Deputy Chairman”.


Acting members.

7. Section 6 of the Principal Act is amended by omitting sub-section and substituting the following sub-sections:—

“(3) In the event of the inability of a 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 or the other Deputy Chairman, to be an Acting Deputy Chairman of the Commission during that inability.

“(3a) A person appointed to be an acting member, the Acting Chairman or an Acting Deputy Chairman shall act in that capacity on such terms and conditions as the Minister determines.”.

8. (1) Section 7 of the Principal Act is repealed and the following section substituted: —

Remuneration.

“7. (1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid remuneration at the rate that was applicable immediately before the commencement of this section to the office in the Australian Universities Commission that corresponds to the office that he holds in the Universities Commission.

“(2) For the purposes of sub-section (1), the office of the Deputy Chairman of the Australian Universities Commission shall be deemed to correspond with each of the offices of Deputy Chairman of the Universities Commission.

“(3) Subject to the Remuneration Tribunal Act 1973, a member shall be paid such allowances as are prescribed.

“(4) In this section, ‘member’ does not include an acting member of the Commission.”.

(2) Regulations in force at the commencement of this Act for the purposes of sub-sections 7(1), (2) and (3) of the Principal Act—

(a) continue in force as if made for the purposes of sub-section 7(3) of the Principal Act as amended by this Act;

(b) apply in relation to the Universities Commission in like manner as they applied in relation to the Australian Universities Commission; and

(c) apply to a Deputy Chairman of the Universities Commission as if the references in those regulations to the Deputy Chairman of the Australian Universities Commission were references to a Deputy Chairman of the Universities Commission.

Vacation of office.

9. Section 11 of the Principal Act is amended by omitting from paragraph (a) the words “the Deputy Chairman” and substituting the words “a Deputy Chairman.”.

Meetings.

10. Section 12 of the Principal Act is amended—

(a) by omitting sub-sections (3a) and (4) and substituting the following sub-sections: —

“(3a) In the event of the absence of the Chairman from a meeting of the Commission, a Deputy Chairman, if present, shall preside at the meeting.

“(3b) In sub-section (3a), a reference to a Deputy Chairman shall be read as a reference to—

(a) if there are two Deputy Chairmen present at the meeting—the Deputy Chairman who has the longer service in the office of Deputy Chairman; or

(b) if no Deputy Chairman is present but there is present an acting Deputy Chairman appointed to act in the place of a Deputy Chairman who would, if he were present at the meeting, be required to preside at the meeting—that acting Deputy Chairman.

“(4) In the event of there being no person present at a meeting of the Commission who is, under sub-section (3) or (3a), required to preside at that meeting, the members present shall appoint one of their number to preside at that meeting.”; and


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

“(8) In this section, ‘Chairman’ includes an Acting Chairman of the Commission.”.

Performance of functions of Commission.

11. Section 14 of the Principal Act is amended by omitting from sub-section (2) the word “Australian”.

Committees.

12. (1) Section 17 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:—

“(3) A member of a Committee shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

“(3a) Subject to the Remuneration Tribunal Act 1973, a member of a Committee shall be paid such allowances as are prescribed.

“(3b) Subject to sub-sections (3) and (3a), a member of a Committee shall hold office on such terms and conditions as the Minister determines.”.

(2) Regulations in force at the commencement of this Act under sub-section 17(3) of the Principal Act to the extent that they prescribe fees continue in force as if made for the purposes of sub-section 17(3) of the Principal Act as amended by this Act.

(3) Regulations in force at the commencement of this Act under sub-section 17(3) of the Principal Act to the extent that they prescribe allowances continue in force as if made for the purposes of sub-section 17(3a) of the Principal Act, as amended by this Act.

Officer of Commonwealth becoming Chairman or a Deputy Chairman.

13. Section 18 of the Principal Act is amended by inserting before the words “Deputy Chairman” (wherever occurring) the word “a”.

Regulations.

14. Section 20 of the Principal Act is amended by omitting the words “section seven or sub-section (3.) of section seventeen of this Act” and substituting the words “section 7 or sub-section 17(3)”.

Transitional provision.

15. (1) An act done, or a report furnished, by the Australian Universities Commission, and a direction or requirement issued by the Minister to the Australian Universities Commission, before the commencement of this Act shall, for the purposes of the Principal Act as amended by this Act and for the purposes of any other Act, be deemed to be an act done, or a report furnished, by the Universities Commission, or a direction or requirement issued to the Universities Commission.

(2) A person holding office as a member of the Australian Universities Commission immediately before the commencement of this Act shall, for the purposes of the Principal Act as amended by this Act, be deemed to have been appointed to the corresponding office as a member of the Universities Commission under the Principal Act as amended by this Act and shall, subject to the Principal Act as amended by this Act, continue to hold office for the balance of the term for which he was appointed and, for the purposes of this sub-section, the office of Deputy Chairman of the Australian Universities Commission shall be deemed to correspond with one of the offices of Deputy Chairman of the Universities Commission.

(3) A Committee appointed by virtue of section 17 of the Principal Act to assist the Australian Universities Commission and subsisting immediately before the date of commencement of this Act continues in existence on and after that date, by force of this sub-section, as a Committee appointed under section 17 of the Principal Act as amended by this Act to assist the Universities Commission and the terms and conditions determined by the Minister that applied to the members of such a Committee immediately before that date continue so to apply on and after that date as if they had been determined under sub-section 17(3b) of the Principal Act as amended by this Act.

(4) A reference in a law in force at the commencement of this Act to the Australian Universities Commission shall be read as including a reference to the Universities Commission.

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Overview

The Universities Commission Act 1974, enacted by the Australian Parliament, amends the Australian Universities Commission Act 1959-1973. The primary objective of this Act is to modernise and streamline the governance and administrative structure of the Universities Commission, which was previously known as the Australian Universities Commission. This legislative change addresses the need for updated terminology and administrative adjustments to better reflect the evolving educational landscape in Australia. By updating the title and definitions within the Act, the legislation aims to ensure clarity and continuity in the Commission's operations while maintaining the integrity and purpose of its original mandate. This Act ensures that the transition from the Australian Universities Commission to the Universities Commission is seamless, preserving existing roles, responsibilities, and operational frameworks while allowing for necessary updates.

Scope and Application

The Universities Commission Act 1974 amends the Australian Universities Commission Act 1959-1973, and it applies to the Universities Commission, its members, and the institutions designated as universities under this Act. This Act governs the establishment, structure, and functions of the Commission, including the appointment and remuneration of its members and Deputy Chairmen. The geographic reach of this Act is national, impacting universities and the Commission across Australia. The Act allows the Minister to direct that this Act applies to specific institutions or proposed institutions that are to be constituted as universities, thereby extending its application to these entities. Any directions or requirements issued by the Minister to the Australian Universities Commission prior to the commencement of this Act are deemed to apply to the Universities Commission under this Act. Additionally, existing members and committees of the Australian Universities Commission are deemed to continue their roles under the new Act, ensuring a smooth transition. The Act does not specify any exclusions, exemptions, or thresholds, and its application may be further detailed through subordinate instruments.

Key Provisions

The Universities Commission Act 1974 (C2004A00137) introduces several significant amendments to the Australian Universities Commission Act 1959-1973 (Principal Act). The primary sections of the Act redefine the title and scope of the Australian Universities Commission, now referred to simply as the Universities Commission, and expand the definition of 'university' to include residential colleges connected with specified institutions (Section 4). The Act also introduces the possibility for the Minister to direct that the Act applies to institutions or proposed institutions that he deems to be universities (Section 4). The establishment of the Commission is updated to reflect the appointment of two Deputy Chairmen instead of one, with provisions for acting Deputy Chairmen in cases of absence (Sections 6 and 7). Remuneration for Commission members, including Deputy Chairmen, is to be determined by the Remuneration Tribunal or, in the absence of such a determination, by the applicable rates before the Act's commencement (Section 7). The Act further details the conditions under which Commission members vacate office, the procedures for presiding over meetings, and the performance of Commission functions (Sections 11, 12, and 14). In terms of obligations, the Act requires the Minister to direct the application of the Act to certain institutions deemed to be universities (Section 4). The Commission is mandated to operate under the leadership of a Chairman and two Deputy Chairmen, with specific protocols for presiding over meetings in the absence of the Chairman (Section 12). Members of the Commission and its committees are entitled to remuneration and allowances as determined by the Remuneration Tribunal or prescribed regulations (Sections 7 and 17). Furthermore, the Act stipulates that any acts, reports, directions, or requirements issued by the Australian Universities Commission before the Act's commencement are to be deemed as actions of the Universities Commission under the amended Act (Section 15). For breaches of the Act, specific offences and penalties are not detailed within the provided text. However, given the nature of the Act and its administrative focus, it is likely that breaches could result in civil consequences such as fines or other penalties as prescribed by relevant legislation. The Act’s amendments are designed to streamline the administrative functions and governance of universities within Australia, ensuring clarity and continuity in the application of the Act as it transitions from the Australian Universities Commission to the Universities Commission.

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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.