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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Education
Legislation Amendment Bill 1997
No. ,
1997
(Employment, Education, Training and Youth
Affairs)
A Bill for an Act to effect the
transfer of responsibility for the University of Canberra from the Commonwealth
to the Australian Capital Territory, to amend the Maritime College Act
1978, and for related purposes
9703520—1,025/18.3.1997—(35/97) Cat.
No. 96 7409 8 ISBN 0644 499877
Contents
Part 1—Amendment of the University of Canberra Act
1989 7edulah1.html
Part 2—Amendment of the Australian Capital Territory
(Self-Government) Act 1988 7edulah1.html
Part 3—Amendment of the Remuneration Tribunal Act
1973 7edulah1.html
Part 4—Transitional
provisions 7edulah1.html
A Bill for an Act to effect the transfer of
responsibility for the University of Canberra from the Commonwealth to the
Australian Capital Territory, to amend the Maritime College Act 1978, and
for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Education Legislation Amendment Act
1997.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), Part 1 of Schedule 1 commences on a day to
be fixed by Proclamation.
(3) If Part 1 of Schedule 1 does not commence under subsection (2) within
6 months after the day on which this Act receives the Royal Assent, it
commences on the first day after the end of that period.
(4) Parts 2, 3 and 4 of Schedule 1 commence immediately after the
commencement of Part 1 of Schedule 1.
Subject to section 2, 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Act is amended or repealed as set out in the applicable items in the Schedule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.
Part
1—Amendment of the University of Canberra Act 1989
1 Title
Omit “under the sponsorship of Monash University, to repeal the
Canberra College of Advanced Education Act 1967”.
2 Preamble
Repeal the first and second paragraphs.
3 Section 3 (definition of
Vice-Chancellor)
Omit “or 50”.
4 Paragraph 11(1)(c)
Omit “2”, substitute “3”.
5 Paragraph 11(1)(d)
Repeal the paragraph.
6 Subsection 11(4)
Omit “, (d)”.
7 Paragraph 15(1)(f)
Omit “or (d)”.
8 Paragraph 20(e)
Repeal the paragraph.
9 Subsection 22(2)
Omit “(e) or”.
10 Section 38
Repeal the section.
11 Division 2 of Part 5
Repeal the Division.
12 Sections 50, 53 and 54
Repeal the sections.
13 Divisions 4 and 5 of Part
5
Repeal the Divisions.
Part
2—Amendment of the Australian Capital Territory (Self-Government) Act
1988
14 At the end of Schedule 2
Add:
|
University of Canberra Act 1989 |
|---|
Part
3—Amendment of the Remuneration Tribunal Act 1973
15 Subsection 3(1) (definition of
Commonwealth higher education institution)
After “other than”, insert “the Australian Capital
Territory or”.
16 Subsection 3(1) (at the end of paragraph (a)
of the definition of executive education office)
Add “or”.
17 Subsection 3(1) (paragraph (b) of the
definition of executive education office)
Repeal the paragraph.
18 Paragraph 5(2)(b)
Omit “, the University of Canberra”.
Part
4—Transitional provisions
This Part sets out transitional provisions relating to the transfer of the
responsibility for the University of Canberra from the Commonwealth to the
Australian Capital Territory.
In this Part, unless the contrary intention appears:
ACT enactment means an enactment as defined by section 3 of
the Australian Capital Territory (Self-Government) Act 1988.
transfer day means the day on which Part 1 of this Schedule
commences.
University means the University of Canberra established by
section 4 of the University Act.
University Act means the University of Canberra Act
1989 as in force from time to time before the transfer day.
21 Terms and
conditions of employment of University employees
If a person was employed by the University immediately before the transfer
day, this Act does not affect the terms and conditions (including any accrued
entitlement to benefits) of that employment.
If the transfer day is less than a year after the end of the last period in
respect of which a report was made by the Auditor-General under subsection 37(4)
of the University Act, that subsection has effect in respect of the period (the
final reporting period) beginning immediately after the end of
that last period and ending immediately before the transfer day as if the
reference to a year in that subsection were a reference to the final reporting
period.
23 Annual report and
financial statements
If the transfer day is less than a year after the end of the last year in
respect of which a report was prepared under section 39 of the University Act,
that section has effect in respect of the period beginning immediately after the
end of that last year and ending immediately before the transfer day as
if:
(a) a reference in that section to a year were a reference to that period;
and
(b) a reference in that section to 31 December were a reference to the
transfer day.
24
Application—Administrative Appeals
Tribunal Act 1975
(1) If:
(a) immediately before the transfer day, a person had a right
to:
(i) apply under the Administrative Appeals Tribunal Act 1975 (the
AAT Act) for a review of a decision of the University made under
the Freedom of Information Act 1982 concerning an act or practice of the
University; or
(ii) request under the AAT Act a statement of reasons for such a decision;
or
(b) before the transfer day, a person made such an application or request
but it had not been finally disposed of under the AAT Act by the transfer
day;
the AAT Act continues to apply in respect of that right, application or
request as if the University Act had not become an ACT enactment.
(2) If a person applies to the Administrative Appeals Tribunal for review
of a decision under the Freedom of Information Act 1982 in accordance
with item 26 of this Part, the Administrative Appeals Tribunal may deal with
that matter as if the AAT Act had continued to apply and the University Act had
not become an ACT enactment.
25
Application—Administrative
Decisions (Judicial Review) Act 1977
(1) If:
(a) immediately before the transfer day, a person had a right:
(i) to apply under the Administrative Decisions (Judicial Review) Act
1977 for a review of a decision of the University; or
(ii) to request under that Act a statement of reasons for a decision of
the University; or
(b) before the transfer day, a person made such an application or request,
but it had not been finally disposed of under that Act by the transfer
day;
that Act continues to apply in respect of that right, application or
request as if the University Act had not become an ACT enactment.
(2) In this item, a reference to a decision includes a reference
to:
(a) a failure to make a decision; or
(b) conduct for the purpose of making a decision.
26
Application—Freedom of Information
Act 1982
If:
(a) before the transfer day, a request was made under the Freedom of
Information Act 1982 for access to a document in the possession of the
University; and
(b) the request had not been finally disposed of under that Act
immediately before that day;
that Act continues to apply to the request and the parties concerned as if
the University Act had not become an ACT enactment.
27
Application—Long Service Leave
(Commonwealth Employees) Act 1976
If, but for this item:
(a) an amount would become due on the transfer day under the Long
Service Leave (Commonwealth Employees) Act 1976 to a person employed by the
University; and
(b) the amount would become due solely because the person would cease to
be an employee within the meaning of that Act as a result of the University Act
becoming an ACT enactment;
the amount does not become due.
28
Application—Occupational Health
and Safety (Commonwealth Employment) Act 1991
(1) If:
(a) before the transfer day:
(i) a provisional improvement notice was issued to the University under
section 29 of the Occupational Health and Safety (Commonwealth Employment)
Act 1991; or
(ii) a prohibition notice was issued to the University under section 46 of
that Act; or
(iii) an improvement notice was issued to the University under section 47
of that Act; or
(iv) an investigation concerning the University commenced under section 41
of that Act; and
(b) the matter had not been finally disposed of under that Act immediately
before the transfer day;
that Act continues to apply to the request and the parties concerned as if
the University Act had not become an ACT enactment.
(2) Except as provided in subitem (1), on and after the transfer day the
Occupational Health and Safety (Commonwealth Employment) Act 1991 ceases
to apply in relation to an act concerning the University that occurred before
the transfer day.
29 Refund of
contribution paid under the Occupational
Health and Safety (Commonwealth Employment) Act 1991
(1) If the University has paid a contribution to the cost of the
administration of the Occupational Health and Safety (Commonwealth
Employment) Act 1991 under section 67H of that Act in respect of the
financial year in which the transfer day occurs, the University is entitled to
be paid the amount worked out using the following formula:
where:
contribution means the contribution paid by the University in
respect of that financial year in which the transfer day occurs.
number of refund days means the total number of days in the
period beginning on the transfer day and ending on the last day of that
financial year.
(2) An amount to which the University is entitled under subitem (1) is to
be paid out of the Consolidated Revenue Fund, which is appropriated
accordingly.
30
Application—Ombudsman Act
1976
(1) If:
(a) immediately before the transfer day, a person had a right to make a
complaint to the Ombudsman under the Ombudsman Act 1976 in relation to a
particular action that had been taken by the University; or
(b) before the transfer day, a person made such a complaint, but it had
not been finally disposed of under that Act by the transfer day;
that Act continues to apply in respect of that right or complaint as if the
University Act had not become an ACT enactment.
(2) If:
(a) immediately before the transfer day, the Ombudsman was entitled to
commence an investigation under the Ombudsman Act 1976 in relation
to a particular action that had been taken by the University; or
(b) before the transfer day, the Ombudsman commenced such an
investigation, but it had not been finally disposed of under that Act by the
transfer day;
that Act continues to apply in respect of that entitlement or investigation
as if the University Act had not become an ACT enactment.
31
Application—Public Service Act
1922
If, immediately before the transfer day:
(a) a provision of Part IV of the Public Service Act 1922 applied
to a person employed by the University; and
(b) the provision applied to the person because the University was a
public authority within the meaning of Part IV of that Act;
the provision continues to apply to the person, while the person remains an
employee of the University, as if the University were still a public authority
within the meaning of Part IV of that Act.
32
Application—Safety, Rehabilitation
and Compensation Act 1988
If:
(a) immediately before the transfer day, a person had a right to make an
application under the Safety, Rehabilitation and Compensation Act 1988
for compensation in respect of:
(i) injuries arising out of, or in the course of, a person’s
employment by the University; or
(ii) disease, or loss of or damage to property, suffered by a person in
connection with the person’s employment by the University; or
(b) before the transfer day, a person made such an application, but it had
not been finally disposed of under that Act by the transfer day;
that Act continues to apply to the right or application and the parties
concerned as if the University Act had not become an ACT enactment.
33 Offsetting amount
of premium under the Safety,
Rehabilitation and Compensation Act 1988
If:
(a) the University has paid an amount of premium under Division 4A of Part
VII of the Safety, Rehabilitation and Compensation Act 1988 in respect of
a part of the financial year in which the transfer day occurs; and
(b) that part of the financial year occurs on and after the transfer
day;
then:
(c) that amount is taken to be part of the premium of the Australian
Capital Territory for that financial year under that Division paid on behalf of
the Territory by the University; and
(d) the University is not entitled to claim a refund of that
amount.
1 After section 24
Insert:
(1) The Council may make Statutes for or in relation to the regulation or
control of:
(a) traffic; or
(b) the parking, stopping, standing or leaving of vehicles;
on land occupied by the College in the State of Tasmania.
(2) Without limiting subsection (1), a Statute made under that subsection
may:
(a) authorise, and provide for the effect of, signs and markings;
and
(b) provide for the punishment, upon summary conviction, by a fine not
exceeding 2 penalty units, of offences against a Statute made under that
subsection.