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This legislation has been repealed.

CANBERRA INSTITUTE OF THE ARTS ORDINANCE 1988


TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Ordinance may be cited as the Canberra Institute of the Arts Ordinance 1988.1  
   2.      This Ordinance shall come into operation on such date as is fixed by the Minister by notice in the Gazette.  
   3.      (1) In this Ordinance, unless the contrary intention appears—“appoint” includes re-appoint; “appointed member” means a member referred to in subsection 21 (2); “Board” means the Board of the Canberra Institute of the Arts; “Council” means the Council of the Canberra Institute of the Arts; “Director” means a Director of a School; “elected member” means a member referred to in section 22 (1); “Executive Chairperson” means the Executive Chairperson of the Institute; “Institute” means the Canberra Institute of the Arts; “joint venture” means an undertaking carried on by 2 or more persons in common otherwise than as partners; “non-teaching staff”, in relation to the Institute, means the persons who, in accordance with the Statutes, constitute the non-teaching staff of the Institute; “School” means a School within the Institute; “securities” includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents; “share” means a share in the share capital of a corporation, and includes stock; “staff”, in relation to the Institute, means the persons employed by the Institute under section 35; “Statutes” means the Statutes of the Institute made under this Ordinance; “student”, in relation to a School, means a person who, in accordance with the Statutes, is a student of that School for the purposes of this Ordinance; “teaching staff”, in relation to a School, means the persons who, in accordance with the Statutes, constitute the teaching staff of the School.  

   PART II--CANBERRA INSTITUTE OF THE ARTS

   4.      (1) There is hereby established a body to be known as the Canberra Institute of the Arts.  
   5.      There shall be within the Institute the following Schools—  
   6.      (1) The functions of the Institute are—  
   7.      (1) The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions and, in particular, may—  
   8.      (1) The Institute shall not, without the written approval of the Minister—  
   9.      (1) The Institute shall not, without the written approval of the Minister, enter into partnership with another person.  
   10.     (1) The Institute shall not, without the written approval of the Minister, participate in a joint venture.  

   PART III--BOARD AND COUNCIL OF INSTITUTE

   11.     The Institute shall be governed by a board to be known as the Board of the Canberra Institute of the Arts.  
   12.     (1) The Board shall consist of the following members—  
   13.     (1) A member of the Board who has a direct or indirect financial interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Board.  
   14.     (1) Subject to this section, meetings of the Board shall be held at such times and places as the Board determines.  
   15.     (1) The Board may appoint such committees as it thinks fit to assist it in performing any of its functions.  
   16.     (1) The Board may make Statutes, not inconsistent with this Ordinance or the regulations, with respect to any of the following matters—  
   17.     (1) The Board shall cause a Statute to be sealed with the common seal of the Institute and submitted to the Minister for approval.  
   18.     (1) The Minister shall cause a copy of a Statute approved by the Minister under subsection 17 (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Statute was made.  
   19.     There is established by this Ordinance a committee by the name of the Council of the Canberra Institute of the Arts.  
   20.     (1) The functions of the Council are—  
   21.     (1) The Council shall consist of—  
   22.     (1) The elected members shall consist of—  

   PART IV--EXECUTIVE CHAIRPERSON, DIRECTORS AND STAFF

   23.     (1) There shall be an Executive Chairperson of the Institute who shall be appointed by the Minister.  
   24.     (1) The Executive Chairperson shall manage the affairs of the Institute subject to the directions of, and in accordance with policies determined by, the Board.  
   25.     (1) The Minister may appoint a member to act as Executive Chairperson—  
   26.     (1) The Executive Chairperson shall be paid—  
   27.     The Minister may grant leave of absence to the Executive Chairperson on such terms and conditions as to remuneration or otherwise as the Minister determines.  
   28.     The Executive Chairperson may resign by delivering to the Minister a signed notice of resignation.  
   29.     (1) There shall be a Director of each School who shall be appointed by the Minister.  
   30.     A Director shall perform such duties as the Statutes prescribe or, subject to the Statutes, as the Board determines.  
   31.     (1) The Board may appoint a person to act as the Director of a School—  
   32.     (1) The Director of a School shall be paid—  
   33.     A Director may resign by delivering to the Minister a signed notice of resignation.  
   34.     The Executive Chairperson may grant leave of absence to a Director on such terms and conditions as to remuneration or otherwise as are determined by the Board.  
   35.     (1) The staff of the Institute shall consist of—  

   PART V--FINANCE

   36.     (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.  
   37.     (1) There are payable to the Institute such fees for attendance at courses and programs as the Minister may determine by notice in the Gazette.  
   38.     (1) In this section—“charge” means higher education administration charge; “enrolment” includes re-enrolment; “relevant date” means a date specified by the Minister for Employment, Education and Training by a notice published in the Gazette; “relevant enrolment” means the enrolment of a person to undertake a course of study or instruction or part of a course of study or instruction at the Institute, being a course the completion of which leads to the granting of a degree, diploma or certificate of the Institute (whether or not that course or that part of that course is undertaken for the purpose of obtaining such an award) but does not include—  
   39.     (1) The Institute shall—  
   40.     The money of the Institute consists of—  
   41.     (1) The money of the Institute shall be applied only—  
   42.     The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Institute at such rates of interest, and on such other terms and conditions, as that Minister determines.  
   43.     (1) The Institute may, with the approval of the Treasurer, borrow money otherwise than from the Commonwealth on terms and conditions that are specified in, or are consistent with, the approval.  
   44.     (1) The Institute may, with the approval of the Treasurer but not otherwise, deal with securities.  
   45.     The Institute may give security over the whole or any part of its assets for—  
   46.     The Institute shall not borrow or raise money except in accordance with sections 42, 43 and 44.  
   47.     The Institute—  
   48.     (1) Subject to subsection (2), the income, property and transactions of the Institute are not subject to taxation under any law of a State or Territory.  

   PART VI--MISCELLANEOUS

   49.     (1) The Board may, by resolution, either generally or as otherwise provided by the resolution, delegate to—  
   50.     (1) The Executive Chairperson may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing delegate to—  
   51.     (1) A Director may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing delegate to a member of the staff of the Institute all or any of the Director's powers and functions under this Ordinance, other than this power of delegation.  
   52.     The Minister may make regulations, not inconsistent with this Ordinance, prescribing matters—  
           ENDNOTES


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