Queensland Agricultural Training Colleges Act 2005
Queensland Agricultural College
Act 2005 Current as at 29
June 2012
Information about this reprint
This
Act is reprinted as at 29 June 2012. The reprint shows the law as
amended by all amendments that commenced on or before that
day (Reprints Act 1992 s 5(c)). The reprint
includes a reference to the law by which each amendment was
made—see list of legislation and list of annotations in
endnotes. Also see list of legislation for any uncommenced
amendments. This page is specific to this reprint. See
previous reprints for information about earlier changes made under
the Reprints Act 1992. A table of reprints is included in the
endnotes. Also see endnotes for information
about— • when provisions commenced
• editorial changes made in earlier
reprints. Spelling The spelling of
certain words or phrases may be inconsistent in this reprint or
with other reprints because of changes made in various
editions of the Macquarie Dictionary (for example, in the
dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of
spelling will be updated in the next authorised
reprint. Dates shown on reprints Reprints dated at
last amendment All reprints produced
on or after
1 July 2002,
authorised (that is, hard copy) and
unauthorised (that is, electronic), are dated as at the last
date
of amendment. Previously reprints were dated as at the date of
publication. If an authorised reprint is dated earlier than an
unauthorised version published before 1 July 2002,
it means the
legislation was
not further amended
and the reprint
date is the
commencement of the last amendment.
If the
date of an authorised reprint is the same as the date shown for an
unauthorised version previously published, it merely means
that the unauthorised version was published before
the authorised version.
Also, any
revised edition
of the previously
published unauthorised
version will have the same date as that version.
Replacement reprint date If the date of an
authorised reprint is the same as the date shown on another
authorised reprint it means that one is the replacement of the
other.
Queensland Agricultural
College Act 2005 Contents Part 1
1 2 3
4 Part 2 Division 1
5 6 7
8 9 Division 2
10 11 Division 3
12 Division 4 13
14 Division 5 15
Part
2A Division 1 16
17 Page Preliminary Short title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 5 Commencement . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
5 Dictionary . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Ministerial declaration ‘Stepping
forward: improving pathways for all young
people’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 5 Australian Agricultural College
Corporation Establishment and capacity of
corporation Establishment of Australian Agricultural
College Corporation . . . 6 Corporation
represents the State . . . . . . . . . . . . . . . . . . . . . . .
. . 6 Legal
capacity of
corporation .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Corporation
declared to
be excluded
matter .
. . . . . . . . . . . . . . . 7
Corporation’s seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Functions
Corporation’s functions generally
. . . . . . . . . . . . . . . . . . . . . . . . . 7
Additional
functions in
relation to
agricultural college. . . . . . . . . . 9 Financial matters Corporation
is statutory
body . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Directions
and delegations Minister’s power to give directions
. . . . . . . . . . . . . . . . . . . . . . . . 10 Delegation
by corporation .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Other provisions Corporation may
enter into
work performance arrangements .
. .
11
Australian
Agricultural College Employing
Office Establishment and
functions of
employing office Establishment of
employing office . . . . . . . . . . . . . . . . . . . . . . . . 12
Employing
office represents the
State .
. . . . . . . . . . . . . . . . . . . .
13
Agricultural College Act 2005
Contents 18
Division 2 19
20 Division 3 20A
20B 20C 20D
Division 4 20E
Part
3 Division 1 21
22 Division 2 23
23A 24 25
26 26A 27
Division 3 28
29 30 31
32 33 33A
34 Division 4 34A
Division 5 35
Page
2 Functions of employing office . . . . . . .
. . . . . . . . . . . . . . . . . . . . . Executive
officer Appointment of executive officer. . . . . .
. . . . . . . . . . . . . . . . . . . . Executive
officer acting for employing office. . . . . . . . . . . . . . . .
. Staff of employing office
Employing
office may
employ staff
. . . . . . . . . . . . . . . . . . . . . . . .
Preservation
of rights
in relation
to public
service employees Secondment as
employee of
employing office . . . . . . . . . . . . . . .
Employing
office may
enter into
work performance arrangements Other provisions Employing office
is statutory
body .
. . . . . . . . . . . . . . . . . . . . . . . Board
of the
corporation Establishment and
functions Establishment of
board. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board membership Composition of
board .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eligibility
for membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board chairperson and
deputy chairperson .
. . . . . . . . . . . . . . . .
Term of appointment
to board
. . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions
of appointment to
board .
. . . . . . . . . . . . . . . . . . . . . .
Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacating
office .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Board meetings Conduct of board’s business . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times
and places
of board
meetings .
. . . . . . . . . . . . . . . . . . . . . Presiding
at board
meetings. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . Voting
at board
meetings .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Quorum for board meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings
held using
communication technology . . . . . . . . . . . . .
Disclosure
of interests
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board
minutes .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Additional
functions of
board chairperson Chairperson’s
reporting requirements .
. . . . . . . . . . . . . . . . . . . .
Board committees Establishing committees. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 13 14
14
14
15
16
17
17
18
18
18
19
19
20
20
20
21
21
21
22
22
22
22
24
24
25
Agricultural College Act 2005
Contents Part 4
Division 1 36
Division 2 37
38 Division 3 Subdivision
1 39
40 41 42
Subdivision 2 43 44
Part
5 45 46 47
Part
6 Division 1 48
Division 2 49
50 51 52
53 54 55
56 57 58
59 Agricultural college, director and
student advisory council Agricultural college
Agricultural college . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . Director of
agricultural college Director. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Student advisory councils Agricultural college
student advisory council Student
advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Term
of membership. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct
of meetings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Campus student advisory
councils Director may establish campus
student advisory councils
. . . . . .
Functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Driver
training .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation
by Minister
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making
power. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal
and transitional provisions Repeal Repeal
of Agricultural Colleges
Act 1994
. . . . . . . . . . . . . . . . . . . Transitional provisions for
Agricultural College Act 2005 Definitions
for div
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References
to repealed
Act or
college board
. . . . . . . . . . . . . . . .
Dissolution
of college
boards .
. . . . . . . . . . . . . . . . . . . . . . . . . . . Assets
and liabilities .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing
decisions of
college boards . . . . . . . . . . . . . . . . . . . . . . Dealing
with disciplinary matters
. . . . . . . . . . . . . . . . . . . . . . . . . Administrator .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuation of
appointment of staff. . . . . . . . . . . . . . . . . . . . . . .
Amalgamation
of former
agricultural colleges . . . . . . . . . . . . . . .
Registered
providers under the Education (Overseas Students) Act 1996 . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 25 26 26 27
27
28
28
28
28
29
30
30
30
31
31
31
31
32
32
33
33
33
34
35 Page
3
Agricultural College Act 2005
Contents Division 3
60 61 62
63 Division 4 64
Schedule 2 Attachment
Transitional provisions for Statutory Bodies
Legislation Amendment Act 2007 Rights and
entitlements of particular employees . . . . . . . . . . . .
. Application of industrial instruments. . . .
. . . . . . . . . . . . . . . . . . . Amending Act
does not affect particular powers of corporation . .
Continued application of repealed
provisions. . . . . . . . . . . . . . . . Transitional provision for
Agricultural College and Other Legislation Amendment Act 2010
References to board by its former name . . .
. . . . . . . . . . . . . . . . Dictionary . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Ministerial Declaration ‘Stepping Forward:
Improving Pathways for all Young People’
. . . . . . . . . . . . . . . . . . . . . . . . 35 37
37 38 38
39 42
Endnotes 1
2 3 4
5 6 Index to
endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . Date to which amendments incorporated.
. . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Table of reprints . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
List of legislation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
List of annotations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 46
46 47 47 48
Page
4
Agricultural College Act 2005
Agricultural College Act 2005
Part
1 Preliminary [s 1] [as amended by
all amendments that commenced on or before 29 June 2012]
An Act to
establish the
Australian Agricultural College
Corporation and provide for an agricultural
college, to establish the Australian
Agricultural College
Employing Office, and for
other
purposes Part 1 Preliminary 1
Short
title This Act may be cited as the
Agricultural College Act 2005
. 2 Commencement This Act
commences on a day to be fixed by proclamation. 3
Dictionary The dictionary
in schedule 2 defines particular words used in this Act.
4 Ministerial declaration ‘Stepping
forward: improving pathways for all young people’
(1) One of the objectives of this Act is
to implement initiatives that are consistent with the
Ministerial declaration ‘Stepping forward:
improving pathways for all young people’. (2)
The
Ministerial declaration is the declaration of commitment
to
the young people of Australia by Ministers for Education,
Employment, Training,
Youth Affairs
and Community Current as at 29
June 2012 Page 5
Agricultural College Act 2005
Part 2
Australian Agricultural College Corporation [s 5]
Services endorsed in July 2002 by the
Ministerial Council on Education, Employment, Training and
Youth Affairs. (3) A copy of the declaration is set out
in the attachment. (4) The attachment is not part of this
Act. Part 2 Australian
Agricultural College Corporation Division 1
Establishment and capacity of
corporation 5
Establishment of Australian Agricultural
College Corporation (1)
A corporation sole
constituted by
the chief executive
is established under
the name Australian Agricultural College
Corporation. (2)
The
corporation as established under that name— (a)
has
perpetual succession and a seal; and (b)
may
sue and be sued in its corporate name. 6
Corporation represents the State
(1) The corporation represents the
State. (2) Without limiting
subsection (1),
the corporation has
all the State’s
privileges and immunities. 7 Legal capacity of
corporation (1) The corporation has all the powers of
an individual and may, for example— (a)
enter into contracts; and
Page
6 Current as at 29 June 2012
Agricultural College Act 2005
Part
2 Australian Agricultural College Corporation [s 8]
(b) acquire, hold, dispose of, and deal
with, property; and (c) appoint agents and attorneys;
and (d) engage consultants; and
(e) fix charges, and other terms, for
services it supplies; and (f) do anything
necessary or convenient to be done in the performance of
its functions under this or another Act. (2)
The
corporation also has the powers conferred on it by this or
another Act. (3)
The corporation may
exercise its
powers inside
and outside Queensland. (4)
Without limiting subsection (3), the
corporation may exercise its powers outside Australia.
8 Corporation declared to be excluded
matter The corporation is declared to be an
excluded matter for the Corporations Act, section 5F, in
relation to the whole of the Corporations
legislation. 9 Corporation’s seal (1)
The
corporation’s seal is to be kept in the custody of the chief
executive. (2)
The
seal may be used only by— (a) the chief
executive; or (b) another person
authorised, in
writing, by
the corporation. Division 2
Functions 10
Corporation’s functions generally
The
functions of the corporation are as follows— Current as at 29
June 2012 Page 7
Agricultural College Act 2005
Part 2
Australian Agricultural College Corporation [s 10]
Page
8 (a) to promote the creation of employment
opportunities in the State by facilitating the provision of
agricultural and rural vocational education
and training relevant
to employment and
encourage the
generation of
employment opportunities;
(b) to establish
a system for
the effective and
efficient provision
of high quality
vocational education
and training to meet the immediate and
future needs of the agricultural and rural industries and the
community; (c) to provide
mechanisms for
employees, employers, associations of
employees or
employers and
the community to
advise government on
agricultural training needs
and priorities to meet those needs; (d)
to
work in cooperation with other governmental bodies,
industry, commerce
and community groups
and other persons on
matters relating to the agricultural and rural industries; (e)
to
exploit commercially any facility or resource of the
corporation, including
any study, research
or knowledge, developed
by or belonging
to the corporation; (f)
to
provide facilities or services for study, research and
training relevant
to the agricultural, rural
and related industries, including
by ensuring the
availability of
appropriate resources
and support for
the agricultural college;
(g) to comply with national and State
quality standards and audit requirements for registered
training organisations; (h) to
support the
continued development of
high quality
training by and within the agricultural
industry; (i) to promote
a community commitment towards
supporting young
people in
the compulsory participation
phase; (j) to implement
initiatives that
are consistent with
the ministerial declaration ‘Stepping
forward: improving
Current as at 29 June 2012
Agricultural College Act 2005
Part
2 Australian Agricultural College Corporation [s 11]
pathways for all young people’ as mentioned
in section 4; (k) to
perform other
functions given
to the corporation under this or
another Act. 11 Additional functions in relation to
agricultural college The corporation’s functions
in relation to
the agricultural college are as
follows— (a) to control, operate and maintain the
agricultural college; (b) to
establish and
review the
agricultural college’s
strategic direction; (c)
to
develop and implement strategic plans and business
plans for the agricultural college;
(d) to decide policy for achieving the
agricultural college’s business purpose,
and for other
agricultural college
purposes; (e)
to
develop and implement appropriate risk management
strategies for the agricultural
college; (f) to improve
the participation of
Aboriginal people
and Torres Strait
Islanders (
indigenous people
) in training
by attracting indigenous people
to, and supporting indigenous people
in, training resulting
in a qualification or
statement of attainment in numbers that reflect the
composition of the community; (g)
to
improve the participation of young people in training
by attracting young
people to,
and supporting young
people in,
training resulting
in a qualification or
statement of attainment; (h)
to ensure pastoral
care is
available for
students of
the agricultural college;
(i) to develop and implement appropriate
strategies to help students make
the transition from
an educational environment to
the workplace; Current as at 29 June 2012
Page
9
Agricultural College Act 2005
Part 2
Australian Agricultural College Corporation [s 12]
(j) to maintain
the industry links
necessary for
achieving support
from industry
for the agricultural college’s
activities; (k)
to
encourage opportunities for growth in the agricultural
college’s training
market, including
opportunities relating to
persons and places outside Australia; (l)
to monitor the
performance of
the director and
the agricultural college.
Division 3 Financial
matters 12 Corporation is statutory body
(1) The corporation is a statutory body
under— (a) the Financial
Accountability Act 2009 ; and (b)
the Statutory Bodies Financial
Arrangements Act 1982 . (2)
The Statutory Bodies Financial
Arrangements Act 1982 , part 2B, sets out the
way in which the corporation’s powers under this
Act are affected
by the Statutory
Bodies Financial
Arrangements Act 1982 , including, for
example, section 7(3) and (4) of this Act.
Division 4 Directions and
delegations 13 Minister’s power to give
directions (1) The Minister
may give the
corporation a
written direction
about a matter relevant to the performance
of the corporation’s functions under this Act.
(2) The corporation must comply with the
direction. (3) If the
Minister gives
the corporation a
direction under
subsection (1),
the corporation’s annual
report under
the Financial Accountability Act
2009 must include— Page 10
Current as at 29 June 2012
Agricultural College Act 2005
Part
2 Australian Agricultural College Corporation [s 14]
(a) particulars of the direction;
and (b) particulars of the corporation’s
response to the direction. 14 Delegation by
corporation (1) The corporation may delegate its
powers under this Act to— (a) an
appropriately qualified
employee of
the employing office
or of another
government entity
who performs work
for the corporation under
a work performance arrangement;
or (b) an appropriately qualified
officer or
employee of
the corporation; or (c)
an appropriately qualified
officer or
employee of
the department. (2)
In
this section— appropriately qualified
includes having
the qualifications, experience or
standing appropriate to exercise the power. Example of
standing for an officer or employee of the department
— the officer or employee’s
classification level in the department Division 5
Other provisions 15
Corporation may enter into work
performance arrangements (1)
The corporation may
enter into,
and give effect
to, a work
performance arrangement with—
(a) the employing office; or
(b) the appropriate authority of another
government entity. (2) A work performance arrangement may
make provision for all matters necessary
or convenient to
be provided under
the arrangement. Current as at 29
June 2012 Page 11
Agricultural College Act 2005
Part
2A Australian Agricultural College Employing Office
[s
16] (3) For example, a work performance
arrangement may provide for— (a)
the
appointment of a person to an office, and the holding
of
the office by the person, for the arrangement; and
(b) the authorising of
a person to
exercise powers
for the arrangement;
and (c) whether payment is to be made for work
done under the arrangement and, if so, what payment is to
be made and who is to make the payment.
(4) A person performing work for the
corporation under a work performance arrangement entered into
under subsection (1)— (a) is not employed
by the corporation; and (b) remains
an employee of
the employing office,
or an employee
of the other
government entity
whose appropriate
authority is a party to the arrangement. (5)
To
remove any doubt, it is declared that the corporation does
not
have power to employ a person performing work for the
corporation under
a work performance arrangement entered
into
under subsection (1). Part 2A Australian
Agricultural College Employing Office Division 1
Establishment and functions of
employing office 16
Establishment of employing office
(1) The Australian Agricultural College
Employing Office
is established. (2)
The
employing office consists of— Page 12
Current as at 29 June 2012
Agricultural College Act 2005
Part
2A Australian Agricultural College Employing Office
[s
17] (a) the executive officer; and
(b) the employees of the employing
office. (3) The employing
office is
a separate entity
from the
corporation. 17
Employing office represents the State
(1) The employing office represents the
State. (2) Without limiting subsection (1), the
employing office has the status, privileges and immunities of
the State. 18 Functions of employing office
(1) The main functions of the employing
office are— (a) entering into,
for the State,
a work performance arrangement with
the corporation under
which employees of the
employing office perform work for the corporation;
and (b) employing, for the State, staff to
perform work for the corporation under
the work performance arrangement; and
(c) doing anything
incidental to
the discharge of
the functions mentioned in paragraphs (a)
and (b). (2) Also, the employing office has any
other function conferred on the employing office under this or
another Act. (3) This section
does not
limit the
employing office’s
power to
enter into and give effect to a work
performance arrangement under section
20D with a
government entity
other than
the corporation. Division 2
Executive officer 19
Appointment of executive officer
(1) There is to be an executive officer of
the employing office. Current as at 29 June 2012
Page
13
Agricultural College Act 2005
Part
2A Australian Agricultural College Employing Office
[s
20] (2) The executive officer is to be
appointed by the Governor in Council.
(3) The executive
officer is
appointed under
this Act
and not under the
Public Service Act 2008 .
20 Executive officer acting for employing
office (1) The employing office acts through the
executive officer. (2) Anything done by the executive officer
in the name of, or for, the employing
office is
taken to
have been
done by
the employing office. Division 3
Staff of employing office
20A Employing office may employ
staff (1) The employing office may, for the
State, employ staff. (2) A person
employed under subsection (1) is an employee of
the employing office .
(3) The employing office may decide the
terms of employment of the employees of the employing
office. (4) Subsection (3)
applies subject
to any relevant
industrial instrument. (5)
Employees of the employing office are
employed under this Act and not under the Public Service
Act 2008 . 20B Preservation of
rights in relation to public service employees
(1) Subsection (2) applies to a person
who— (a) is appointed
as an employee
of the employing
office; and
(b) was a
public service
employee immediately before
taking up the appointment.
Page
14 Current as at 29 June 2012
Agricultural College Act 2005
Part
2A Australian Agricultural College Employing Office
[s
20C] (2) The person is entitled to retain all
existing and accruing rights as if service as
an employee of the employing office were a continuation of
service as a public service employee. (3)
If a
person is appointed as a public service employee and the
person was, immediately before taking up the
appointment, an employee of the employing office, the
person’s service as an employee of
the employing office
under this
Act must be
regarded as service as a public service
employee. 20C Secondment as employee of employing
office (1) A public service employee may be
seconded to the employing office. (2)
While seconded under this section—
(a) the person is taken to be an employee
of the employing office; and (b)
the Public Service
Act 2008 does
not apply to
the person. (3)
A
public service employee seconded under this section —
(a) is entitled to the person’s existing
and accruing rights as if employment as an employee of the
employing office were a continuation of employment as a
public service employee; and (b)
may
apply for positions, and be employed, in the public
service as if the person were a public
service employee. (4) On ending
the secondment, the
person’s employment on
secondment as an employee of the employing
office is taken to be employment of the same nature in the
public service for working out the person’s rights as a public
service employee. (5) If the secondment ended for a reason
other than misconduct, the person
is entitled to
be employed as
a public service
employee. (6)
This
section has effect despite section 20D. Current as at 29
June 2012 Page 15
Agricultural College Act 2005
Part
2A Australian Agricultural College Employing Office
[s
20D] 20D Employing office may enter into work
performance arrangements (1)
The
employing office may, for the State, enter into and give
effect to a work performance arrangement
with— (a) the corporation; or
(b) the appropriate authority of another
government entity. (2) A work performance arrangement may
make provision for all matters necessary
or convenient to
be provided under
the arrangement. (3)
For
example, a work performance arrangement may provide
for— (a)
the
appointment of a person to an office, and the holding
of
the office by the person, for the arrangement; and
(b) the authorising of
a person to
exercise powers
for the arrangement;
and (c) whether payment is to be made for work
done under the arrangement and, if so, what payment is to
be made and who is to make the payment.
(4) A person
performing work
for the corporation or
other government entity
under a
work performance arrangement entered into
under subsection (1)— (a) is not employed
by the corporation or other government entity;
and (b) remains an employee of the employing
office. (5) To remove
any doubt, it
is declared that
the corporation or
another government entity does not have
power to employ a person performing work
for the corporation or
other government entity
under a
work performance arrangement entered into
under subsection (1). Page 16 Current as at 29
June 2012
Division 4 Agricultural
College Act 2005 Part 3 Board of the corporation
[s
20E] Other provisions 20E
Employing office is statutory body
(1) The employing office is a statutory
body under— (a) the Financial
Accountability Act 2009 ; and (b)
the Statutory Bodies Financial
Arrangements Act 1982 . (2)
For applying the
Financial Accountability Act
2009 to
the employing office as a statutory
body— (a) the executive officer is taken to be
the chairperson of the employing office; and
(b) the Financial
Accountability Act 2009 is taken to require
the executive officer
to consider the
annual financial
statements and
the auditor-general’s report
as soon as
practicable after
they are
received by
the employing office;
and (c) the Financial
Accountability Act 2009 is taken to require
the executive officer
to consider any
observations, suggestions or
comments given to the executive officer as soon as
practicable after the executive officer receives
them. Part 3
Board
of the corporation Division 1 Establishment
and functions 21 Establishment of board
The
board that was established under this Act under the name
Australian Agricultural College Corporation
Advisory Board is continued under
the name Board
of the Australian Agricultural
College Corporation. Current as at 29 June 2012
Page
17
Agricultural College Act 2005
Part 3
Board of the corporation [s 22] 22
Board’s functions The
board has
the function of
providing advice
to the corporation
about the following— (a) the performance
of the corporation’s functions relating to
the agricultural college,
including, for
example, the
functions mentioned in section 11(a) to
(e); (b) training of, and delivery of services
to, students of the agricultural college; (c)
the needs of
communities serviced
by the agricultural college;
(d) the needs of the agricultural and
rural industries. Division 2 Board
membership 23 Composition of board
(1) The board consists of at least 5 but
no more than 8 members appointed by written notice by the
Minister. (2) The corporation may nominate only 1 of
the members. 23A Eligibility for membership
(1) A person
can not become
a member of
the board if
the person— (a)
has
been convicted of an indictable offence; or (b)
is
an insolvent under administration. (2)
A person must
have the
qualifications, skills,
experience or
standing the
Minister considers
appropriate for
membership of the
board. (3) In considering the
qualifications, skills,
experience or
standing the Minister must consult with the
corporation. Page 18 Current as at 29
June 2012
Agricultural College Act 2005
Part
3 Board of the corporation [s 24] 24
Board
chairperson and deputy chairperson (1)
The
Minister must appoint a member to be the chairperson of
the
board and may appoint another person to be the deputy
chairperson of the board.
(2) The chairperson or
deputy chairperson holds
office as
chairperson or deputy chairperson—
(a) for the term, of no more than 3 years,
decided by the Minister; or (b)
if
the person’s term of office as member ends before the
person’s term
of office as
chairperson or
deputy chairperson ends—until the
day the person’s
term of
office as member ends; or
(c) if the person’s term of office as
member and the person’s term of office as chairperson or
deputy chairperson end on the same day—until the day the
person’s offices end. (3) A
vacancy occurs
in the office
of chairperson or
deputy chairperson if
the person holding office— (a) is
removed from
office by
signed notice
from the
Minister; or (b)
resigns from office by signed notice of
resignation given to the Minister. (4)
However, a
person removed
from, or
resigning from,
the office of chairperson or deputy
chairperson may continue to be a member of
the board. 25 Term of appointment to board
(1) A board member is appointed for the
term, of no more than 3 years, stated in the member’s notice
of appointment. (2) Subsection (1)
does not
prevent a
person from
being reappointed as a
member of the board. (3) A board member
may resign by signed notice of resignation given to the
Minister. Current as at 29 June 2012
Page
19
Agricultural College Act 2005
Part 3
Board of the corporation [s 26] 26
Conditions of appointment to board
(1) A board
member is
entitled to
be paid the
remuneration decided by the
Minister. (2) However, a board member who is a
public service employee is not entitled
to remuneration as
a board member
unless the
remuneration —
(a) relates to the employee’s attendance
at a meeting of the board outside the employee’s normal work
hours; and (b) is approved in writing by the
Minister. (3) A board member holds office—
(a) on the conditions stated in this Act;
and (b) on the other conditions decided by the
Minister. 26A Removal from office
(1) The Minister may remove a board member
from office if the member— (a)
becomes incapable
of performing the
member’s functions
because of physical or mental incapacity; or (b)
is guilty of
misconduct of
a kind that
could warrant
dismissal from the public service if the
member were a public service employee. (2)
The
Minister must remove a board member from office if the
member— (a)
is
convicted of an indictable offence; or (b)
becomes an insolvent under
administration. (3) This section does not limit section
24(3)(a) or 27(c). 27 Vacating office The
office of
a board member
becomes vacant
if the member—
Page
20 Current as at 29 June 2012
Agricultural College Act 2005
Part
3 Board of the corporation [s 28] (a)
resigns from office by signed notice of
resignation given to the Minister; or (b)
is absent without
the board’s permission from
3 consecutive board meetings of which
proper notice has been given and without reasonable excuse;
or (c) is removed
from office
by signed notice
from the
Minister. Division 3
Board meetings 28
Conduct of board’s business
Subject to this Act, the board may conduct
its business in the way it considers appropriate.
29 Times and places of board
meetings (1) Board meetings
are to be
held at
the times and
places it
decides. (2)
However, the
chairperson may
call a
board meeting
at any time.
(3) The Minister may also call a board
meeting at any time. (4) The board must
meet at least 4 times a year. 30
Presiding at board meetings
(1) The chairperson is to preside at all
board meetings at which the chairperson is present.
(2) If the
chairperson is
absent, any
deputy chairperson, if
present, is to preside. (3)
If
the chairperson and any deputy chairperson are absent, the
member chosen by the members present is to
preside. Current as at 29 June 2012
Page
21
Agricultural College Act 2005
Part 3
Board of the corporation [s 31] 31
Voting at board meetings (1)
At board meetings,
all questions are
to be decided
by a majority of the
votes of the members present. (2)
If a
member abstains from voting, the member is taken to vote
for
the negative. (3) The chairperson or a member presiding
at a meeting is to have a vote and, if the votes are equal, a
casting vote. 32 Quorum for board meeting
A
quorum for a board meeting is the number equal to one half
of
the number of its appointed members or, if one half is not a
whole number, the next highest whole
number. 33 Meetings held using communication
technology (1) The board may hold meetings, or permit
members to take part in meetings, by using any technology
that reasonably allows members to hear and take part in
discussions as they happen. Example of use
of technology— teleconferencing (2)
A member who
participates in
a board meeting
under subsection (1)
is taken to be present at the meeting. (3)
A resolution is
validly made
by the board,
even if
it is not
passed at a board meeting, if—
(a) notice of the resolution is given to
the board members under procedures approved by the board;
and (b) the number of members required for a
quorum agree in writing to the resolution.
33A Disclosure of interests
(1) This section applies to a member of
the board if— Page 22 Current as at 29
June 2012
Agricultural College Act 2005
Part
3 Board of the corporation [s 33A] (a)
the
member has a direct or indirect interest in an issue
being considered or about to be considered
by the board; and (b) the interest
could conflict with the proper performance of
the member’s duties
about the
consideration of
the issue. (2)
As soon as
practicable after
the relevant facts
come to
the member’s knowledge, the member must
disclose the nature of the interest to a board
meeting. (3) Unless the board otherwise directs,
the member must not— (a) be present when
the board considers the issue; or (b)
take
part in a decision of the board about the issue.
(4) The member
must not
be present when
the board is
considering whether to give a direction
under subsection (3). (5) If there is
another member who must under subsection (2) also
disclose an interest in the issue, the other
member must not— (a) be present
when the
board is
considering whether
to give a direction under subsection (3)
about the member; or (b) take
part in
making the
decision about
giving the
direction. (6)
Subsection (7) applies if—
(a) because of
this section,
a member is
not present at
a board meeting
for considering or
deciding an
issue or
for
considering or deciding whether to give a direction
under subsection (3); and
(b) there would be a quorum if the member
were present. (7) The remaining members present at the
meeting are taken to be a quorum of the board for considering
or deciding the issue, or for considering or deciding whether to
give the direction, at the meeting. (8)
A disclosure under
subsection (2)
must be
recorded in
the board’s minutes. Current as at 29
June 2012 Page 23
Agricultural College Act 2005
Part 3
Board of the corporation [s 34] 34
Board
minutes The board must keep a record of the minutes
of its meetings and its decisions. Division 4
Additional functions of board
chairperson 34A
Chairperson’s reporting requirements
(1) The chairperson of the board must
within 1 month after the end of each quarter give a report to
the corporation and the Minister on
the performance of
the corporation’s functions
relating to the agricultural college
(the relevant functions )
. (2) If the
corporation or the Minister requires the chairperson to
give a
report, advice
or stated information about
a matter relating
to the relevant
functions, the
chairperson must
comply with the requirement to the extent
the chairperson is able to comply. (3)
If the chairperson is
unable to
comply fully
with the
requirement, the
chairperson must
give the
corporation and
the
Minister written reasons for the noncompliance. (4)
If
the chairperson becomes aware of a matter the chairperson
is satisfied may
adversely affect
the corporation’s ability
to perform the
relevant functions, the
chairperson must
report the
matter to
the corporation and
the Minister as
soon as
practicable but
within 1
month after
the chairperson first
becomes aware of the matter.
(5) In this section— quarter
means a 3 month period ending on 31 March,
30 June, 30 September or 31 December.
Page
24 Current as at 29 June 2012
Division 5 Agricultural
College Act 2005 Part 4 Agricultural college, director and
student advisory council [s 35] Board
committees 35 Establishing committees
(1) The board may, with the written
approval of the corporation, establish a
committee to help it perform its functions. (2)
When
seeking the corporation’s approval, the board must give
the
corporation a statement of the proposed committee’s terms
of
reference and functions. (3) Appointments to
the committee are to be made by the board by written
notice. (4) The board may appoint a person to the
committee only if the person has skills or experience
appropriate to the committee’s terms of
reference or functions. (5) A
committee member
is not entitled
to any remuneration, other
than the
reimbursement of
reasonable expenses
and travel allowance, unless remuneration
is approved in writing by the corporation.
(6) Subsection (1) does not apply to a
committee of the board’s members. Part 4
Agricultural college, director
and
student advisory council Division 1 Agricultural
college 36 Agricultural college
(1) An agricultural college is established
for the purposes of this Act. (2)
The
college has no legal existence apart from the corporation.
(3) The corporation may—
Current as at 29 June 2012
Page
25
Agricultural College Act 2005
Part 4
Agricultural college, director and student advisory council
[s
37] (a) give the college a name; and
(b) establish campuses of the agricultural
college. Division 2 Director of
agricultural college 37 Director (1)
The corporation may
appoint a
director for
the agricultural college.
(2) Subject to the corporation, the
director is responsible for the day to day
management of the agricultural college. (3)
The
corporation may decide the terms of employment for the
director. (4)
However, subsection (3)
has effect subject
to any relevant
industrial instrument. (5)
The director is
appointed under
this Act
and not under
the Public Service Act 2008
. 38 Acting
director The corporation may appoint a person to act
as director— (a) during any vacancy, or all vacancies,
in the office; or (b) during any period, or all periods,
when the director is absent from
the State or,
for another reason,
cannot perform the
functions of the office. Page 26 Current as at 29
June 2012
Division 3 Agricultural
College Act 2005 Part 4 Agricultural college, director and
student advisory council [s 39] Student advisory
councils Subdivision 1 Agricultural
college student advisory council 39
Student advisory council (1)
A student advisory
council for
the agricultural college
is established. (2)
The
student advisory council consists of— (a)
1
student from each campus of the agricultural college;
and (b) 2 members of the
staff of the agricultural college. (3)
For
subsection (2)(a), the students of each campus are to elect
a
person who is a student of the campus as a member of the
student advisory council.
(4) For subsection (2)(b), the staff of
the agricultural college are to elect persons
who are members of the staff as members of the student
advisory council. (5) An election under subsection (3) or
(4) is to be held as and when required by the
corporation. (6) In this section— staff
, of the
agricultural college,
means employees
of the employing
office or
of another government entity
who perform work
for the corporation, being
work for
the agricultural college, under a work
performance arrangement. 40 Functions
(1) The student advisory council has the
following functions— (a) to advise the
corporation or the director on matters the corporation or
director refers to the advisory council; Current as at 29
June 2012 Page 27
Agricultural College Act 2005
Part 4
Agricultural college, director and student advisory council
[s
41] (b) to advise
the corporation or
the director on
matters about
the agricultural college
or students the
advisory council
considers should be referred to the corporation or
director; (c) any other functions conferred on it by
this Act. (2) The student
advisory council
is not the
employee, agent
or representative of the
corporation. 41 Term of membership (1)
A
member of the student advisory council for a particular year
holds office until the end of that calendar
year and may resign the office by written notice given to the
director. (2) However, a student advisory council
member who is elected as a student or a staff member stops
being a member of the advisory council if the member stops
being a student or staff member. 42
Conduct of meetings (1)
The
advisory council must choose a student member to be the
chairperson of the advisory council.
(2) The advisory council may otherwise
regulate its proceedings as it considers appropriate.
Subdivision 2 Campus student
advisory councils 43 Director may establish campus student
advisory councils The director may
establish a
student advisory
council for
a campus of the agricultural
college. 44 Functions (1)
A
student advisory council for a campus of the agricultural
college has the following functions—
Page
28 Current as at 29 June 2012
Agricultural College Act 2005
Part
5 General [s 45] (a)
to
advise the director on matters the director refers to the
advisory council; (b)
to advise the
director on
matters about
the campus or
students the
advisory council
considers should
be referred to the director.
(2) The student
advisory council
is not the
employee, agent
or representative of the
corporation. Part 5 General
45 Driver training (1)
Despite the
Transport Operations (Road
Use Management) Act
1995 ,
a student who
is required to
drive a
specially constructed
vehicle in the grounds of the agricultural college
as
part of the student’s training at the agricultural college
is, while driving the specially constructed
vehicle, taken to hold a learner licence to drive the
specially constructed vehicle. (2)
Subsection (1) does not apply if the
student— (a) has a
driver licence
that, at
the time of
driving the
specially constructed vehicle, is suspended
or cancelled; or (b) is,
at the time
of driving the
specially constructed vehicle,
disqualified by
order of
an Australian court
from
holding or obtaining a driver licence. (3)
In
this section— driver licence
has the meaning
given by
the Transport Operations (Road
Use Management) Act 1995 , schedule 4. learner
licence has
the meaning given
by the Transport
Operations (Road Use Management) Act
1995 , schedule 4. Current as at 29
June 2012 Page 29
Agricultural College Act 2005
Part 6
Repeal and transitional provisions [s 46]
specially constructed vehicle
has the meaning
given by
the Transport Operations (Road
Use Management—Driver Licensing)
Regulation 1999 , schedule 6. Editor’s
note — Transport Operations (Road
Use Management—Driver Licensing) Regulation 1999
—see the Transport
Operations (Road
Use Management—Driver Licensing)
Regulation 2010 , section 165. student
means a student of the agricultural college
who is at least 16 years and 6 months.
46 Delegation by Minister
The
Minister may delegate the Minister’s powers under this
Act
to the corporation. 47 Regulation-making power
(1) The Governor
in Council may
make regulations under
this Act.
(2) A regulation may be made about the
following— (a) fees, including the refunding of fees,
for this Act; (b) imposing a penalty of not more than 20
penalty units for a contravention of a provision of a
regulation. Part 6 Repeal and
transitional provisions Division 1
Repeal 48
Repeal of Agricultural Colleges Act
1994 The Agricultural Colleges Act 1994 No. 58 is
repealed. Page 30 Current as at 29
June 2012
Division 2 Agricultural
College Act 2005 Part 6 Repeal and transitional
provisions [s 49] Transitional
provisions for Agricultural College Act 2005
49 Definitions for div 2
college board means a college
board under the repealed Act. commencement means the day
this division commences. former agricultural college
means an
agricultural college
under the repealed Act. 50
References to repealed Act or college
board (1) In an Act or document, a reference to
the repealed Act may, if the context permits, be taken as a
reference to this Act. (2) A
reference in an Act
or document to a former
agricultural college or a college board may, if the
context permits, be taken to be a reference to the
corporation. 51 Dissolution of college boards
(1) On the commencement—
(a) each of the college boards is
dissolved; and (b) the members of each of the boards go
out of office. (2) No compensation is payable to a member
of a college board because of subsection (1).
52 Assets and liabilities
(1) On the commencement—
(a) the assets and liabilities of the
college boards become assets and liabilities of the
corporation; and (b) any contracts, agreements, arrangements and
deeds entered into by
or on behalf of a college board, in force immediately before
the commencement, are
taken to
Current as at 29 June 2012
Page
31
Agricultural College Act 2005
Part 6
Repeal and transitional provisions [s 53]
have
been entered into by the corporation and may be enforced against
or by the corporation; and (c) all
guarantees, mandates,
instructions, notices,
directions, undertakings and
securities given
by or on
behalf of, or to, a college board, in force
immediately before the commencement, are taken to have
been given by or to the corporation and may be enforced
against or by the corporation; and (d)
any property that,
immediately before
the commencement, was
held on
trust, or
subject to
a condition, by a college board
continues to be held on the same
trust, or
subject to
the same condition, by
the corporation; and (e)
any lease granted
by, or to,
a college board,
in force immediately
before the commencement, is taken to have been granted by,
or to, the corporation. (2) The registrar of
titles or other person responsible for keeping a
register for
dealings in
property must,
if asked by
the corporation, record
the vesting of
the property under
this section in the
corporation. 53 Proceedings A proceeding
that could have been started or continued by or against
a college board
before the
commencement may
be started or continued by or against the
corporation. 54 Existing decisions of college
boards (1) This section applies to a decision of
a college board before the commencement, if the decision had not
had full effect at the commencement. (2)
The decision continues
in force, subject
to this Act,
and is taken to be a
decision of the corporation. (3)
Without limiting
subsection (2),
if the decision
is one in
relation to which a person had a right to
appeal against the decision that
had not ended
immediately before
the Page 32 Current as at 29
June 2012
Agricultural College Act 2005
Part
6 Repeal and transitional provisions [s 55]
commencement, the person may appeal against
the decision as if it were a decision of the
corporation. 55 Dealing with disciplinary
matters (1) A matter that under a disciplinary
rule had started to be, or could have been, dealt with by a
former agricultural college before the
commencement may be continued to be dealt with, or started, by
the director. (2) In this section— disciplinary
rule means a college rule about the
disciplining of students made by a former agricultural
college and in force immediately before the
commencement. 56 Administrator (1)
This section
applies if,
immediately before
the commencement, a person held office as
an administrator for a former agricultural college.
(2) On the commencement—
(a) the administrator stops holding
office; and (b) any decision
made by
the administrator before
the commencement that has not had full
effect continues in force, subject to this Act, and is taken to
be a decision of the corporation. (3)
No compensation is
payable to
an administrator because
of subsection (2)(a). 57
Continuation of appointment of staff
(1) This section applies to a person who,
immediately before the commencement— (a)
held the
position of
director of
a former agricultural college;
or (b) was member of a former agricultural
college’s staff. Current as at 29 June 2012
Page
33
Agricultural College Act 2005
Part 6
Repeal and transitional provisions [s 58]
(2) On the commencement, the person is
taken to be an officer of the corporation. (3)
Until otherwise
decided under
section 15(2),
the person is
taken to
be employed by
the corporation on
the same conditions on
which the person was employed by the former agricultural
college. (4) Also— (a)
the person keeps
all rights accrued
or accruing to
the person as
an employee of
the former agricultural college;
and (b) the person’s
entitlements to
receive long
service, recreation and
sick leave
and any similar
entitlements accrued or
accruing to the person as an employee of the former
agricultural college are unaffected; and (c)
if
the person is a member of a superannuation scheme—
(i) the person
keeps all
entitlements accrued
or accruing to the person as a member of
the scheme; and (ii) the
person’s membership of
the scheme is
not affected. (5)
Without limiting
subsection (3),
if an industrial instrument applies
to the person
immediately before
the repeal, the
instrument continues to apply to the
person. (6) Subsection (5) has effect subject to
the Industrial Relations
Act
1999 . 58 Amalgamation of
former agricultural colleges On the
commencement— (a) the former
agricultural colleges
are amalgamated and
taken to be the agricultural college under
section 36(1); and (b) each former
agricultural college is taken to be a campus of the
agricultural college as if it had been established
by
the corporation as a campus under section 36(3)(b).
Page
34 Current as at 29 June 2012
Agricultural College Act 2005
Part
6 Repeal and transitional provisions [s 59]
59 Registered providers under the
Education (Overseas Students) Act 1996 (1)
This section
applies if,
immediately before
the commencement, the
chairperson of
a board of
a former agricultural college
was a registered provider
under the
Education (Overseas Students) Act
1996 . (2) On
the commencement, the
director is
taken to
be the registered
provider for that Act. (3) As soon as
practicable after the commencement— (a)
the
director must return any registration certificate given
to
the former agriculture college; and (b)
the chief executive
of the department in
which the
Education (Overseas Students) Act
1996 is administered must—
(i) return to
the director the
certificate suitably
amended; or (ii)
give the
director a
suitable new
registration certificate. (4)
Without limiting
the conditions that
may be included
in an amended
or new certificate of
registration under
subsection (3)(b)(i) or
(ii), the certificate must include a condition stating
the campuses of
the agricultural college
where registered courses
under the
Education (Overseas
Students) Act
1996 may be
delivered. Division 3 Transitional
provisions for Statutory Bodies Legislation Amendment
Act 2007 60 Rights and
entitlements of particular employees (1)
This
section applies to a person who— (a)
becomes an employee of the employing office;
and (b) was an employee of the
corporation— Current as at 29 June 2012
Page
35
Agricultural College Act 2005
Part 6
Repeal and transitional provisions [s 60]
(i) immediately before
the commencement of
this section;
and (ii) immediately
before becoming an employee of the employing
office. (2) On becoming an employee of the
employing office, the person is taken to be
employed under section 20A on the conditions on
which the
person would
have been
employed by
the corporation, immediately before
the person became
an employee of
the employing office,
if the corporation had
never become an employer under the
Workplace Relations Act 1996
(Cwlth). (3)
Also— (a)
the
person keeps all rights and entitlements, including
entitlements to receive long service,
recreation and sick leave and any similar entitlements,
that— (i) have accrued or were accruing to the
person as an employee of the corporation; and
(ii) would have
accrued to the person if the corporation had
never become
an employer under
the Workplace Relations Act 1996
(Cwlth); and (b)
if
the person is a member of a superannuation scheme—
(i) the person
keeps all
entitlements accrued
or accruing to the person as a member of
the scheme; and (ii) the
person’s membership of
the scheme is
not affected. (4)
Without limiting subsection (3), for working
out the person’s rights and entitlements, including
entitlements to receive long service,
recreation and sick leave and any similar entitlements,
employment of
the person by
the employing office
is a continuation of
employment of the person by the corporation. (5)
If the person
was a seconded
employee immediately before
becoming an
employee of
the employing office,
the arrangement under which the person was
performing work for a government entity other than the
corporation may continue Page 36 Current as at 29
June 2012
Agricultural College Act 2005
Part
6 Repeal and transitional provisions [s 61]
until the
arrangement ends,
and, if
the arrangement does
continue— (a)
subsection (2) does not apply to the person;
and (b) on the ending of the arrangement, the
person is taken to be employed under
section 20A
on the conditions on
which the
person would
have been
employed by
the corporation, on the ending of the
arrangement, if— (i) the person had continued to be an
employee of the corporation; and (ii)
the corporation had
never become
an employer under the
Workplace Relations Act 1996
(Cwlth). (6)
Subsections (2) and (5)(b) do not limit
section 20A(3) and (4). (7) In this
section— employee of the corporation
includes a seconded employee.
seconded employee
means an
employee of
the corporation performing work
for another government entity
under an
arrangement entered into, before the
commencement of this section, by the corporation with the
appropriate authority of the other government entity.
61 Application of industrial
instruments The employing office is taken to be bound by
the industrial instruments that bound the corporation
immediately before it became an employer under the
Workplace Relations Act 1996
(Cwlth). 62
Amending Act does not affect particular
powers of corporation Nothing in
the Statutory Bodies
Legislation Amendment
Act 2007 ,
part 2,
affects the
powers of
the corporation under
section 7. Current as at 29
June 2012 Page 37
Agricultural College Act 2005
Part 6
Repeal and transitional provisions [s 63]
63 Continued application of repealed
provisions (1) Part 2,
division 5,
as in force
immediately before
the commencement of
this section
(the repealed
division ),
continues to
apply in
relation to
persons employed
by the corporation under
the repealed division
immediately before
the
commencement while that employment continues. (2)
Also, section 19 of the repealed division
continues to apply to those persons
on the ending
of their employment by
the corporation. (3)
Section 37,
as in force
immediately before
the commencement of this section,
continues to apply in relation to
persons employed
by the corporation under
repealed section
37(3) immediately before
the commencement while
that
employment continues. (4) This section
does not limit section 62. Division 4 Transitional
provision for Agricultural College and Other
Legislation Amendment Act 2010
64 References to board by its former
name (1) In a document, a reference to the
board by its former name may, if the context permits, be taken
to be a reference to the board. (2)
In
this section— former name
means the
Australian Agricultural College
Corporation Advisory Board.
Page
38 Current as at 29 June 2012
Schedule 2 Dictionary
Agricultural College Act 2005
Schedule 2 section 3
agricultural college
means the
agricultural college
established under section 36(1).
board means the Board
of the Australian Agricultural College Corporation
continued under section 21. campus
, of the
agricultural college,
means a
campus established
under section 36(3)(b). compulsory participation phase
see
the Education (General Provisions) Act
2006 , section 231. corporation means
the Australian Agricultural College
Corporation established under section
5. director means
the director of
the agricultural college
appointed under section 37.
employee of the employing office
see
section 20A(2). employing office means the
Australian Agricultural College Employing Office
established under section 16. executive
officer means the executive officer of the
employing office appointed under section 19.
government entity
see the Public
Service Act
2008 ,
section 24.
indictable offence
includes an
indictable offence
dealt with
summarily, whether
or not the
Criminal Code,
section 659
applies to the indictable offence.
industrial instrument has the meaning
given by the Industrial Relations Act
1999 . insolvent under administration
means— (a)
a person who
is an undischarged bankrupt
within the
meaning of
the Bankruptcy Act
1966 (Cwlth)
or the corresponding
provisions of the law of a foreign country or external
territory; or Current as at 29 June 2012
Page
39
Agricultural College Act 2005
Schedule 2 (b)
a
person who has executed a deed of arrangement under
the Bankruptcy Act
1966 (Cwlth),
part X
or the corresponding
provisions of the law of a foreign country or
external territory, if the terms
of the deed
have not
been
fully complied with; or (c) a person whose
creditors have accepted a composition under the
Bankruptcy Act
1966 (Cwlth), part X
or the corresponding provisions of the law of a
foreign country or external territory, if
a final payment
has not been
made
under that composition; or (d) a
person for
whom a
debt agreement
has been made
under the Bankruptcy Act
1966 (Cwlth), part IX or the corresponding
provisions of the law of a foreign country or external
territory, if the debt agreement has not ended or has not been
terminated; or (e) a person
who has executed
a personal insolvency agreement under
the Bankruptcy Act 1966 (Cwlth),
part X or the
corresponding provisions of
the law of
a foreign country
or external territory, but
not if the
agreement has been set aside or terminated
or all of the obligations that
the agreement created
have been
discharged. pastoral
care includes— (a)
care
and support provided for students in a safe living
and
working environment; and (b) care and support
provided— (i) with the help of people in the
agricultural college or community
who have appropriate life
experience or
skills, or
the ability, to
work with
young people who may be experiencing
personal or educational difficulties; and
(ii) to
help students
develop interpersonal and
living skills.
qualification see
the Vocational Education, Training
and Employment Act 2000
,
schedule 3. Page 40 Current as at 29
June 2012
Agricultural College Act 2005
Schedule 2 registered
training organisation means a registered training
organisation under
the Vocational Education, Training
and Employment Act 2000
. repealed Act means the
Agricultural Colleges Act 1994
. statement of
attainment see
the Vocational Education, Training and
Employment Act 2000 , schedule 3. student
, of
the agricultural college, means a student enrolled
in
the agricultural college. work performance arrangement
means an arrangement under
which an employee of a government entity
performs work for another government entity.
Current as at 29 June 2012
Page
41
Agricultural College Act 2005
Attachment Attachment
Ministerial Declaration ‘Stepping
Forward: Improving Pathways for all Young People’
section 4 A COMMITMENT TO
THE YOUNG PEOPLE OF AUSTRALIA BY MINISTERS FOR EDUCATION,
EMPLOYMENT, TRAINING, YOUTH AFFAIRS
AND COMMUNITY SERVICES Young people make
a significant contribution to Australia today and will
shape
what it will be tomorrow. The vitality, ideas, creativity and
visions of all young people must be embraced.
The
majority of young people are doing well, moving successfully
through the different stages of their lives and
responding to the challenges of the future. We can be
confident that they will achieve success, find fulfilment
in
their adult lives and make a positive contribution to this
country. Some young people
find their
journeys more
difficult and
challenging. They
may face problems
in acquiring the
knowledge, skills
and self–confidence that form the
foundations of their adult lives. We recognise the emotional,
physical, cultural and learning barriers faced by these
young people and the social, economic and
locational factors that may negatively impact on their
lives. There are opportunities for governments to address
these
barriers so that young people can achieve their best.
As
Ministers entrusted with the collective wellbeing and interests of
young people, we must foster an environment in
which young people are nurtured and
challenged—a society
where all
young people
can realise their
full potential. We
must work together to support young Australians to achieve
success as
individuals and
as members of
society. We
need to
act collectively and we need to act
now. Page 42 Current as at 29
June 2012
VISION Agricultural
College Act 2005 Attachment Our vision is of
an Australia where: • young people benefit and flourish
through sustaining networks of family, friends
and community, and through their engagement in education,
training, employment, recreation and society •
young people’s opinions and contributions
are sought and valued, and they are encouraged and supported
to take an active role in their communities and the
nation • young people’s
lives are
enriched by
positive learning
experiences and opportunities that assist
them to reach their full potential •
we
recognise and celebrate young people’s achievements.
CHALLENGE Our challenge is
to: • listen and respond to young
people • work creatively in
partnership with
young people
to build comprehensive networks
that draw
together jurisdictions, government departments, families
and communities so
that united
we can address
the complex issues
confronting young
people •
recognise and address structural barriers
faced by young people • ensure that our
governmental systems recognise the diversity of young people
through being inclusive, flexible and adaptive •
create effective
opportunities for
young people
that are
accessible, integrated and meaningful
• encourage young
people to
take increasing responsibility for
their own
lives, support
their peers
and contribute to
their community
Current as at 29 June 2012
Page
43
Agricultural College Act 2005
Attachment •
ensure that young people have the
information, skills and support needed
to negotiate the
transition to
adult life
and to make
informed life decisions. OUR
DECLARATION With this declaration, we commit to
developing practical ways to increase the
social, educational and
employment outcomes
of Australia’s young
people including
those who
are at risk,
disconnected or
in vulnerable circumstances. We
agree to establish a common direction to make a real
and lasting difference to
the lives of
young people.
We are united
by a shared
commitment and
a joint responsibility. We
unanimously agree
to work in partnership towards
implementing a shared vision for all young people.
Australia’s Ministers for Education,
Employment, Training, Youth Affairs and Community
Services Page 44 Current as at 29
June 2012
Agricultural College Act 2005
Attachment Current as at 29
June 2012 Page 45
Agricultural College Act 2005
Endnotes Endnotes
1 Index to endnotes Page
2 Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.46 3 Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .46 4 Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .47 5
List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .47
6 List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .48 2 Date to which amendments
incorporated This is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, this
reprint includes all amendments that
commenced operation on or before 29 June 2012. Future amendments
of the Agricultural College Act 2005 may be made in accordance
with this reprint under the Reprints Act 1992,
section 49. 3 Key Key to
abbreviations in list of legislation and annotations
Key AIA amd
amdt ch def
div exp gaz
hdg ins lap
notfd num
o in
c om orig p
para prec pres
prev Explanation =
Acts
Interpretation Act 1954 = amended
= amendment =
chapter =
definition =
division =
expires/expired =
gazette =
heading =
inserted =
lapsed =
notified =
numbered =
order in council =
omitted =
original =
page =
paragraph =
preceding =
present =
previous Page 46
Key (prev) proc
prov pt
pubd R[X]
RA reloc renum
rep (retro) rv
s sch sdiv
SIA SIR SL
sub unnum Explanation =
previously =
proclamation =
provision =
part =
published =
Reprint No. [X] =
Reprints Act 1992 =
relocated =
renumbered =
repealed =
retrospectively =
revised edition =
section =
schedule =
subdivision =
Statutory Instruments Act 1992
= Statutory Instruments Regulation
2002 = subordinate legislation
= substituted =
unnumbered Current as at 29
June 2012
Agricultural College Act 2005
Endnotes 4
Table of reprints Reprints are
issued for both future and past effective dates. For the most
up-to-date table of reprints, see the reprint with the latest
effective date. If a reprint
number includes
a letter of
the alphabet, the
reprint was
released in
unauthorised, electronic form only.
Reprint No.
1
rv 1A 1B 1C
2 2A 2B
2C 2D Amendments
included none 2006 Act No. 39 2007 Act No.
2 2007 Act No. 20 —
2009
Act No. 9 2009 Act No. 25 2010 Act No.
10 2012 Act No. 11 Effective
1
July 2005 30 October 2006 23 March
2007 23 April 2007 23 April
2007 1 July 2009 2 November
2009 17 March 2010 29 June
2012 Notes Revision notice
issued for R1 R1C withdrawn,
see R2 5 List of legislation
Agricultural College Act 2005 No. 20
date
of assent 19 May 2005 ss 1–2 commenced on date of
assent remaining provisions commenced 1 July 2005
(2005 SL No. 116) amending legislation— Education (General
Provisions) Act 2006 No. 39 ss 1, 2(3), 512(1) sch 1
date
of assent 11 August 2006 ss 1–2 commenced on date of
assent remaining provisions commenced 30 October
2006 (2006 SL No. 247) Vocational Education, Training and
Employment and Other Acts Amendment Act 2007 No. 2 pts 1,
3 date of assent 16 February 2007
ss
1–2 commenced on date of assent remaining
provisions commenced 23 March 2007 (2007 SL No. 34)
Statutory Bodies Legislation Amendment Act
2007 No. 20 pts 1–2 date of assent 23 April 2007
commenced on date of assent
Financial Accountability Act 2009 No. 9 ss 1,
2(2), 136 sch 1 date of assent 28 May 2009
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2009 (2009 SL No. 80)
Current as at 29 June 2012
Page
47
Agricultural College Act 2005
Endnotes Criminal
Code and Other
Legislation (Misconduct, Breaches
of Discipline and
Public Sector Ethics) Amendment Act 2009 No.
25 pt 1, s 83 sch date of assent 11 August 2009
ss
1–2 commenced on date of assent remaining
provisions commenced 2 November 2009 (2009 SL No. 241)
Agricultural College and Other Legislation
Amendment Act 2010 No. 10 pts 1–2 date of assent 17
March 2010 commenced on date of assent
Vocational Education and Training
(Commonwealth Powers) Act 2012 No. 11 pt 1, s 43 sch pt
2 date of assent 29 June 2012
ss
1–2 commenced on date of assent remaining
provisions commenced 29 June 2012 (see s 2) 6
List
of annotations Title amd 2007 No. 20 s 3
Corporation’s functions generally
s
10 amd 2007 No. 2 s 18 Corporation is
statutory body s 12 amd 2009 No. 9 s 136 sch 1
Minister’s power to give directions
s
13 amd 2009 No. 9 s 136 sch 1
Delegation by corporation s 14
amd
2007 No. 20 s 4 PART 2—AUSTRALIAN AGRICULTURAL COLLEGE
CORPORATION Division 5—Other provisions
div 5
(s 15) sub 2007 No. 20 s 5 PART 2A—AUSTRALIAN
AGRICULTURAL COLLEGE EMPLOYING OFFICE pt hdg
ins
2007 No. 20 s 6 Division 1—Establishment and functions of
employing office div hdg ins 2007 No. 20 s
6 Establishment of employing office
s
16 prev s 16 om 2007 No. 20 s 5
pres
s 16 ins 2007 No. 20 s 6 Employing office represents the
State s 17 prev s 17 om 2007 No. 20 s 5
pres
s 17 ins 2007 No. 20 s 6 Page 48 Current as at 29
June 2012
Agricultural College Act 2005
Endnotes Functions of
employing office s 18 prev s 18 om 2007 No. 20 s 5
pres
s 18 ins 2007 No. 20 s 6 Division 2—Executive officer
div
hdg ins 2007 No. 20 s 6 Appointment of
executive officer s 19 prev s 19 om 2007 No. 20 s 5
pres
s 19 ins 2007 No. 20 s 6 amd 2009 No. 25 s 83 sch
Executive officer acting for employing
office s 20 prev s 19 om 2007 No. 20 s 5
pres
s 19 ins 2007 No. 20 s 6 Division 3—Staff of employing
office div hdg ins 2007 No. 20 s
6 Employing office may employ staff
s
20A ins 2007 No. 20 s 6 amd 2009 No. 25 s
83 sch Preservation of rights in relation to public
service employees s 20B ins 2007 No. 20 s 6
Secondment as employee of employing
office s 20C ins 2007 No. 20 s 6
amd
2009 No. 25 s 83 sch Employing office may enter into work
performance arrangements s 20D ins 2007 No. 20 s
6 Division 4—Other provisions
div
hdg ins 2007 No. 20 s 6 Employing office
is statutory body s 20E ins 2007 No. 20 s 6
amd
2009 No. 9 s 136 sch 1 PART 3—BOARD OF THE CORPORATION
pt
hdg sub 2010 No. 10 s 3 Establishment of
board s 21 sub 2010 No. 10 s 4
Board’s functions s 22
amd
2010 No. 10 s 5 Composition of board s 23
sub
2010 No. 10 s 6 Eligibility for membership
s
23A ins 2010 No. 10 s 6 Current as at 29
June 2012 Page 49
Agricultural College Act 2005
Endnotes Board chairperson
and deputy chairperson s 24 amd 2010 No. 10 s
7 Term of appointment to board
s
25 amd 2010 No. 10 s 8 Conditions of
appointment to board s 26 amd 2010 No. 10 s 9
Removal from office s 26A
ins
2010 No. 10 s 10 Times and places of board meetings
s
29 amd 2010 No. 10 s 11 Disclosure of
interests s 33A ins 2010 No. 10 s 12
Division 4—Additional functions of board
chairperson div hdg sub 2010 No. 10 s
13 Chairperson’s reporting requirements
s
34A ins 2010 No. 10 s 13 Division 5—Board
committees div hdg ins 2010 No. 10 s
13 PART 4—AGRICULTURAL COLLEGE,
ADVISORY COUNCIL Division
2—Director of agricultural college div hdg
amd
2007 No. 20 s 7 DIRECTOR AND
STUDENT Director
prov
hdg amd 2007 No. 20 s 8(1) s 37
amd
2007 No. 20 s 8(2)–(5); 2009 No. 25 s 83 sch; 2010 No. 10 s
14 Student advisory council s 39
amd
2007 No. 20 s 9 PART 6—REPEAL AND TRANSITIONAL
PROVISIONS Division 3—Transitional provisions for
Statutory Bodies Legislation Amendment Act 2007
div
hdg ins 2007 No. 20 s 10 Rights and
entitlements of particular employees s 60
prev
s 60 om R1 (see RA s 40) pres s 60 ins 2007 No. 20 s 10
Application of industrial instruments
s
61 ins 2007 No. 20 s 10 Amending Act does
not affect particular powers of corporation s 62
ins
2007 No. 20 s 10 Page 50 Current as at 29
June 2012
Agricultural College Act 2005
Endnotes Continued
application of repealed provisions s 63
ins
2007 No. 20 s 10 Division 4—Transitional provision for
Agricultural College and Other Legislation Amendment Act
2010 div 4 (s 64) ins 2010 No. 10 s
15 PART 7—AMENDMENT OF ACTS pt hdg
om R1
(see RA s 7(1)(k)) SCHEDULE 1—CONSEQUENTIAL AMENDMENTS
om R1
(see RA s 40) SCHEDULE 2—DICTIONARY def
“board” sub 2010 No. 10 s
16(1)–(2) def “compulsory participation
phase” sub 2006 No. 39 s 512(1) sch 1
def “corporation” ins 2010 No. 10 s
16(2) def “employee of the employing
office” ins 2007 No. 20 s 11 def
“employing office” ins 2007 No. 20 s
11 def “executive officer”
ins
2007 No. 20 s 11 def “government entity”
ins
2007 No. 20 s 11 amd 2009 No. 25 s 83 sch def
“indictable offence” ins 2010 No. 10 s
16(2) def “insolvent under
administration” ins 2010 No. 10 s 16(2) def
“qualification” amd 2012 No. 11 s
43 sch pt 2 def “statement of attainment”
amd
2012 No. 11 s 43 sch pt 2 def “work performance
arrangement” ins 2007 No. 20 s 11 © State of
Queensland 2013 Authorised by the Parliamentary
Counsel Current as at 29 June 2012
Page
51