Victorian Numbered Acts

EDUCATION LEGISLATION AMENDMENT (ADULT AND COMMUNITY EDUCATION AND OTHER MATTERS) ACT 2022 (NO. 32 OF 2022) - SECT 24

    (1)     For the heading to section 3.3.28 of the Principal Act substitute —

" AMES Australia and the Board of AMES Australia ".

    (2)     For section 3.3.28(1) and (2) of the Principal Act substitute —

    "(1)     The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette—

        (a)     change the name of AMES Australia; or

        (b)         establish a governing board to oversee and govern AMES Australia; or

        (c)     change the name of the Board of AMES Australia; or

        (d)     make provision or further provision for or with respect to the constitution, management structure, membership, objectives, powers, duties or functions of AMES Australia or the Board of AMES Australia; or

        (e)     make provision or further provision for or with respect to the manner of appointment or the terms and conditions of appointment of members of the Board of AMES Australia; or

        (f)     make provision for the Board of AMES Australia to make rules for the governance of AMES Australia; or

        (g)     make provision for the Board of AMES Australia to delegate any of its powers and functions under this Act (except any powers delegated to it under this Act) to a person employed at AMES Australia or to a committee established by or under an Order in Council relating to the Board of AMES Australia; or

        (h)     amend any provision of a previous Order in Council under this section relating to AMES Australia or the Board of AMES Australia; or

              (i)     make provision for or with respect to any matter of a consequential, transitional or savings nature consequent on the making of an Order in Council under this section including the rights, obligations and assignment of any property (subject to any trusts) of AMES Australia referred to in the Order in Council.".

    (3)     For section 3.3.28(3) of the Principal Act substitute —

    "(3)     The Minister must not make a recommendation for the purposes of this section unless the Board of AMES Australia has made a request for the proposed Order in Council or has been consulted about the proposed Order in Council.".

    (4)     In section 3.3.28(4) of the Principal Act—

        (a)     for "the governing board of an adult education institution" substitute "the Board of AMES Australia";

        (b)     for paragraph (b) substitute —

    "(b)         a reference to the Board of AMES Australia, the Board of AMES, the governing board of AMES or the governing board of Adult Multicultural Education Services in any Act, subordinate instrument or any other document must, except in relation to matters that occurred before the change of name, be construed as a reference to its new name.".

    (5)     In section 3.3.28(5) of the Principal Act—

        (a)     for "an adult education institution" substitute "AMES Australia";

        (b)     in paragraph (a), for "the institution" substitute "AMES Australia".

    (6)     For section 3.3.28(5)(b) of the Principal Act substitute —

    "(b)     a reference to AMES Australia, AMES or Adult Multicultural Education Services in any Act, subordinate instrument or any other document must, except in relation to matters that occurred before the change of name, be construed as a reference to its new name; and".

    (7)     In section 3.3.28(5)(c) of the Principal Act, for "the institution" (where twice occurring) substitute "AMES Australia".

    (8)     For section 3.3.28(5)(d) of the Principal Act substitute —

    "(d)     any legal proceedings that might have been continued or commenced by or against AMES Australia, AMES or Adult Multicultural Education Services may be continued by or against it by its new name.".

    (9)     Section 3.3.28(6) of the Principal Act is repealed .