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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Employment,
Education and Training Amendment Bill
1999
No. ,
1999
(Education, Training and Youth
Affairs)
A Bill for an Act to amend the
Employment, Education and Training Act 1988, and for related
purposes
ISBN
0642392269
Contents
Part
1—Amendments 3
Part 2—Transitional
provisions 11
A Bill for an Act to amend the Employment, Education
and Training Act 1988, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Employment, Education and Training
Amendment Act 1999.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 3(1) (definition of
Board)
Repeal the definition.
2 Subsection 3(1) (definition of
Council)
Omit “a Council”, substitute “the Australian Research
Council”.
3 Subsection 3(1) (definition of higher
education institution)
Omit “Schedule 1”, substitute “a Table in subsection 4(1)
of the Higher Education Funding Act 1988”.
4 Subsection 3(1) (definition of parent
body)
Repeal the definition.
5 Subsection 3(1) (definition of school
system)
Repeal the definition.
6 Section 4
Repeal the section.
7 Part II
Repeal the Part.
8 Part III (heading)
Repeal the heading, substitute:
9 Division 1 of Part III
(heading)
Repeal the heading, substitute:
10 Section 23
Repeal the section, substitute:
The Australian Research Council is established.
11 Sections 24, 25 and 26
Repeal the sections.
12 Paragraph 27(1)(a)
After “recommendations”, insert “, in
writing,”.
13 At the end of subparagraph
27(1)(a)(ii)
Add “and”.
14 Paragraph 27(1)(b)
Omit “to the Board”, substitute “to the
Minister”.
15 Paragraph 27(1)(b)
Omit “or the Board” (wherever occurring).
16 At the end of subparagraph
27(1)(b)(ii)
Add “and”.
17 Paragraph 27(1)(c)
Omit “Board”, substitute “Minister”.
18 At the end of subsection
27(1)
Add:
; and (d) to prepare and give reports to the Minister under section
30.
19 Subsection 27(2)
Repeal the subsection.
20 Sections 27A and 28
Repeal the sections.
21 Subsection 29(1)
Omit “Board”, substitute “Minister”.
22 Subsection 29(1)
Omit “a Council”, substitute “the
Council”.
Note: The heading to section 29 is amended by omitting
“Councils” and substituting
“Council”.
23 Subsection 29(1)
Omit “that Council”, substitute “the
Council”.
24 Subsection 29(2)
Repeal the subsection.
25 Subsection 29(3)
Omit “A Council”, substitute “The
Council”.
26 After subsection 29(3)
Insert:
(3A) The Minister must cause a copy of any direction or guideline given
under subsection (1) to be laid as soon as practicable before each House of the
Parliament.
27 Subsection 29(4)
Omit “a Council”, substitute “the
Council”.
28 Section 30
Repeal the section, substitute:
(1) As soon as practicable after the end of each financial year, the
Council must prepare and give to the Minister a report on the operations of the
Council during that year.
(2) Without limiting the matters that may be included in a report under
subsection (1), the report must include information about:
(a) the matters referred by the Minister to the Council, the reports
prepared by the Council on those matters and the persons, bodies and authorities
(if any) consulted by the Council in preparing those reports; and
(b) the matters in relation to which the Council gave information and
advice to the Minister on its own motion.
(3) In addition to the report referred to in subsection (1), the Council
must give to the Minister such reports relating to the performance of its
functions as the Minister requires and may give such other reports as the
Council thinks fit.
(4) Without limiting subsection (3), the Council must, at such times and
in respect of such periods as the Minister directs, give to the Minister reports
on the matters referred to it by the Minister.
(5) The Minister must cause a copy of each report given under this section
to be laid before each House of the Parliament within 15 sitting days of that
House after the day on which the Minister received the report.
(6) If a report under subsection (1) relates to the financial year in
which the Employment, Education and Training Amendment Act 1999
commenced, it need not deal with the part of the financial year preceding that
commencement.
29 Subsection 31(1)
Omit “A Council”, substitute “The
Council”.
30 Subsection 31(2)
Omit “a Council”, substitute “the
Council”.
31 Paragraph 31(2)(a)
Omit “the Board or”.
32 Division 2 of Part III
(heading)
Repeal the heading, substitute:
33 Subsection 32(1)
Omit “A Council”, substitute “The
Council”.
34 Subsection 32(3)
Repeal the subsection, substitute:
(3) The Minister may appoint an officer or employee of the Australian
Public Service to be a member of the Council if the Minister is of the opinion
that it will be to the advantage of the Council to have as a member such an
officer or employee.
35 Subsection 32(4)
Omit “each Council”, substitute “the
Council”.
36 Sections 32, 33, 33A and
33B
Omit “a Council” (wherever occurring), substitute “the
Council”.
37 Subsection 33B(11)
Omit “A Council”, substitute “The
Council”.
38 Section 34
Repeal the section.
39 Sections 35, 35A, 35B, 35C, 35D, 35E, 35F and
35G
Omit “a Council” (wherever occurring), substitute “the
Council”.
40 Subsection 35C(1)
Omit “a Chairperson”, substitute “the
Chairperson”.
41 Subsection 35F(2)
Omit “a Chairperson”, substitute “the
Chairperson”.
42 Section 36
Repeal the section, substitute:
(1) The Minister may establish a committee to assist the Council in
carrying out its functions in relation to such matters as are approved by the
Minister.
(2) The Minister may at any time dissolve a committee.
43 Subsection 37(1)
Repeal the subsection, substitute:
(1) Subject to the approval of the Minister, a committee is to consist of
such members as are appointed by the Council.
44 Paragraph 37(2)(a)
Repeal the paragraph, substitute:
(a) consist wholly of persons who are members of the Council; or
45 Subsections 37(4) and
(5)
Omit “Board”, substitute “Council”.
46 Section 38
Repeal the section, substitute:
(1) The functions of a committee established to assist the Council in
connection with any matter are to make such enquiries and give such reports,
with respect to that matter, as the Council directs.
(2) The Minister may specify the other functions of a committee after
consulting with the Chairperson of the Council.
47 Subsection 55(1)
Omit “the Board and the Councils in the performance of their”,
substitute “the Council in the performance of its”.
48 Subsection 55(2)
Omit “Board”, substitute “Council”.
49 Subsection 55(3)
Omit “Board”, substitute “Council”.
50 At the end of section 55
Add:
(4) The Minister may resolve any conflict between any of the policies
determined, and the directions given to the Director, by the Council under
subsection (3).
51 Subsection 57(1)
Repeal the subsection, substitute:
(1) The Minister may, after consultation with the Chairperson of the
Council, appoint such Counsellors as the Minister thinks necessary for the
purpose of giving advice to the Council on matters relating to the functions of
the Council.
52 Subsection 57(2)
Omit “Board”, substitute “Council”.
53 Subsection 60(1)
Omit “prescribed body”, substitute “the Council or a
committee established under section 36 (the
body)”.
54 Subsection 60(2)
Repeal the subsection, substitute:
(2) The disclosure is to be recorded in the minutes of the meeting of the
body and, subject to subsection (2A), the member must not:
(a) be present during any deliberation of the body with respect to the
matter; or
(b) take any part in any decision of the body with respect to the
matter.
(2A) A determination that paragraphs (2)(a) and (b) do not apply in
relation to the member may be made by:
(a) the body; or
(b) if the body is the Council—the Minister; or
(c) if the body is a committee—the Council.
55 Subsection 60(3)
Omit “a prescribed body under subsection (2)”, substitute
“the body under subsection (2A)”.
56 Subsection 60(4)
Repeal the subsection.
57 Subsection 61(1)
Omit “Board or a”.
58 Subsection 61(1)
Omit “the Board or”.
59 Paragraph 61(2)(a)
Omit “Board or a”.
60 Subsection 61(2)
Omit “Board or the” (wherever occurring).
61 Subsection 62(1)
Omit “the Board” (first occurring), substitute “the
Council”.
62 Subsection 62(1)
Omit “Board” (second occurring), substitute
“Council”.
63 Paragraph 62(2)(a)
Omit “the Board”, substitute “the
Council”.
64 At the end of section 62
Add:
(3) The Minister may delegate his or her power under subsection 55(4) to
the Secretary of the Department.
65 Subsection 63(1)
Omit “the Board and of the Councils”, substitute “the
Council”.
Repeal the Schedule.
Part
2—Transitional
provisions
67 Definitions
In this Part, unless the contrary intention appears:
amended Act means the Employment, Education and Training
Act 1988 as amended by Part 1 of this Schedule.
Board has the same meaning as in the Employment, Education
and Training Act 1988 immediately before the commencement.
commencement means the commencement of this Part.
68 Continuation of the Australian Research
Council
The Australian Research Council referred to in paragraph 23(d) of the
Employment, Education and Training Act 1988 immediately before the
commencement continues to be the Australian Research Council referred to in
section 23 of the amended Act.
69 Existing matters referred to the Australian
Research Council
A matter that was referred to the Australian Research Council by the Board
under subsection 27(1) of the Employment, Education and Training Act 1988
before the commencement is taken, after the commencement, to have been referred
to the Council by the Minister under that subsection of the amended
Act.
70 Existing appointments in relation to the
Australian Research Council
(1) Subject to subitem (2), a person who, immediately before the
commencement, held an appointment to, or in relation to, the Australian Research
Council under a particular provision of the Employment, Education and
Training Act 1988:
(a) continues to hold that appointment:
(i) for the remainder of the period for which he or she was appointed;
and
(ii) on the same terms and conditions on which he or she was appointed;
and
(b) is taken to hold that appointment under the same provision of the
amended Act.
(2) If, immediately before the commencement, a person was the Chairperson
of the Australian Research Council on a part-time basis and at the same time was
a member of the Board appointed on a full-time basis, the person’s
appointment as the Chairperson of the Council:
(a) continues in force as if the appointment had been on a full-time
basis; and
(b) so continues in force on the same terms and conditions as the terms
and conditions of the person’s appointment as a member of the
Board.
71 Existing committees to assist Australian
Research Council
A committee established to assist the Australian Research Council and that
existed immediately before the commencement continues to be a committee to
assist the Council as if it had been established under subsection 36(1) of the
amended Act.
72 Existing members of the committee for the
Australian Research Council
A person who, immediately before the commencement, was a member of a
committee that had been established to assist the Australian Research
Council:
(a) continues to be a member of that committee:
(i) for the remainder of the period for which he or she was appointed a
member; and
(ii) on the same terms and conditions on which he or she was holding
office immediately before the commencement; and
(b) is taken to have been appointed under subsection 37(1) of the amended
Act.
73 Existing Counsellors for the Australian
Research Council
A person who, immediately before the commencement, was a Counsellor who had
been appointed to give advice to the Australian Research Council:
(a) continues to be a Counsellor for the Council:
(i) for the remainder of the period for which he or she was appointed a
Counsellor; and
(ii) on the same terms and conditions on which he or she was holding
office immediately before the commencement; and
(b) is taken to have been appointed under subsection 57(1) of the amended
Act.
74 Directions and guidelines under subsection
29(1)
A direction or guideline in relation to the Australian Research Council in
force under subsection 29(1) of the Employment, Education and Training Act
1988 immediately before the commencement has effect after the commencement
as if the direction or guideline were in force under subsection 29(1) of the
amended Act and had been made by the Minister.
75 Determinations under subsection
60(2)
A determination (the original determination) in relation to
the Australian Research Council, or in relation to a committee established to
assist that Council, in force under subsection 60(2) of the Employment,
Education and Training Act 1988 immediately before the commencement has
effect after the commencement as if the determination were in force under
subsection 60(2A) of the amended Act, and had been made by:
(a) if the original determination was made by the Board—the
Minister; or
(b) in any other case—the person or body that made the original
determination.