QueenslandEDUCATION(TERTIARYENTRANCEPROCEDURESAUTHORITY)
ACT1990Reprinted as in force on 1 July
2002(includes amendments up to Act No. 60 of
2001)This is the reprint current on the repeal
dateReprint No. 3DThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 1 July 2002.The reprint shows
the law as amended by allamendments 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 listof legislation and list of annotations in
endnotes.This page is specific to this reprint.See
previous reprints for information about earlierchanges made under
the Reprints Act 1992.A table of earlier reprints is
included in theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s15s4Education (Tertiary Entrance Procedures
Authority)Act 1990EDUCATION
(TERTIARY ENTRANCEPROCEDURES AUTHORITY) ACT 1990[as
amended by all amendments that commenced on or before 1 July
2002]AnActtoestablishaTertiaryEntranceProceduresAuthoritytoprovide for its functions and powers
and for related purposesPART 1—PRELIMINARY1Short
titleThis Act may be cited as theEducation (Tertiary Entrance
ProceduresAuthority) Act 1990.3ObjectsThe objects of
this Act are—(a)toestablishaTertiaryEntranceProceduresAuthorityandtoprovide for its
functions and powers;(b)toprovidefortheestablishmentofaTertiaryEntranceProcedures Authority AdvisoryCouncilandtoprovideforitsfunctions.4DefinitionsIn this
Act—“advisorycouncil”meanstheTertiaryEntranceProceduresAuthorityAdvisory Council constituted under this
Act.“authority”means the
Tertiary Entrance Procedures Authority constitutedunder this Act.
s46s4Education (Tertiary Entrance Procedures
Authority)Act 1990“Board of Senior
Secondary School Studies”means the Board of SeniorSecondarySchoolStudiesestablishedundertheEducation(SeniorSecondary School Studies) Act 1988.“chairmember”meansthechairmemberoftheauthorityconstitutedbythisActandincludesanymemberperformingthedutiesofthechairmember.“executive
director”means the executive director of the
office.“highereducation”meanstertiaryeducationwhichisspecificallyrecognisedbyStateandCommonwealthauthoritiesashighereducation.“materials”includes documents.“non-Stateschool”meansaschoolthatisprovisionallyaccredited,oraccredited, under theEducation
(Accreditation of Non-State Schools)Act 2001.“office”means the Office
of the Tertiary Entrance Procedures Authority.“practising
teacher”means a person—(a)whoisregisteredasateacherundertheEducation(TeacherRegistration) Act 1988; and(b)who is part of the educational staff
of a school;but does not include a person who has
provisional registration as ateacher under
theEducation (Teacher Registration) Act
1988.“seniorsecondaryeducation”meanseducationofferedinyears11and
12.“State school”means a State
school within the meaning of that term in theEducation
(General Provisions) Act 1989.“technical and further education”meanstertiaryeducationotherthanhigher
education.“tertiary education”means higher
education, and technical and furthereducation,offeredwhollyorprimarilytostudentswhohavecompleted their
primary and secondary education and who are abovethe
age of compulsory attendance at school.“tertiary
entrance”means the entrance by persons to tertiary
education inQueensland.
s57s5Education (Tertiary Entrance Procedures
Authority)Act 1990PART 2—TERTIARY
ENTRANCE PROCEDURESAUTHORITYDivision
1—Constitution, functions and powers of the authority5Constitution of the authority(1)Thereshallbeconstitutedanauthoritytobecalledthe‘TertiaryEntrance
Procedures Authority’ consisting of—(a)1nomineeoftheMinisterwhoshall,onappointment,bedesignated and shall be chairmember;(b)3 representatives of higher education
institutions, nominated bytheMinisterafterconsultationwithandhavingregardtotheviews of the
vice-chancellors of higher education institutions;(c)3 representatives of senior secondary
education, 1 of whom shallbe nominated by the Board of Senior
Secondary School Studies,1 of whom shall be a practising
teacher in a State school and 1 ofwhomshallbeapractisingteacherinanon-Stateschool,nominatedbytheMinisterafterconsultationwithandhavingregardtotheviewsoftheBoardofSeniorSecondarySchoolStudies;(d)1representativeofvocationaleducation,nominatedbytheMinister for the
time being charged with the administration oftheTraining and Employment Act 2000;(e)2 persons, at
least 1 of whom in the opinion of the Minister, shallrepresenttheinterestofthegeneralcommunity,nominatedbythe Minister;(f)1personnominatedbytheMinisterif,intheopinionoftheMinister, additional representation is
desirable.(2)The Governor in Council must appoint
the members of the authority.(3)The
members of the authority shall appoint from among their
numberapersontobedeputychairmemberoftheauthorityandsuchperson,subjecttothisAct,shallbedeputychairmemberforsuchperiod,notexceeding the term for which that
person is appointed as a member, as theauthority
determines.
s68s6Education (Tertiary Entrance Procedures
Authority)Act 1990(4)Theexecutivedirectormaynotbeappointedasamemberoftheauthority.6Functions and powers of the authority(1)ThefunctionsoftheTertiaryEntranceProceduresAuthorityshallbe—(a)tokeeptertiaryentranceundercontinuousreviewandmakereportsandrecommendationstotheMinisterthereonand,toadvisetheMinisteronothermatterswhichinitsopinionarerelated to tertiary entrance;(b)to undertake such procedures in
relation to tertiary entrance asthe Minister may
from time to time direct;(c)to issue—(i)tertiary entrance statements;
and(ii)other statements
and documents under a regulation;(d)tomonitor,review,negotiateandrecommendadjustmentsasnecessary to tertiary entrance procedures
and like matters;(e)to monitor the supply and demand for
student places in tertiaryeducation;(f)to
confer and collaborate with—(i)any
university, university college, college or like institutionoffering tertiary education;(ii)the Board of
Senior Secondary School Studies;(iii)the
Queensland Tertiary Admissions Centre;(iv)the
department of government within which theEducation(General Provisions) Act 1989is
administered;(v)thedepartmentofgovernmentwithinwhichtheTrainingand Employment
Act 2000is administered;(vi)anypersonorgroupofpersonsor,anyschoolsystem,authority,schoolandotherlikeinstitution,centre,committee and like group howsoever
called;as it sees fit, in the performance of its
functions and the exerciseof its powers;
s69s6Education (Tertiary Entrance Procedures
Authority)Act 1990(g)to
refer to the Tertiary Entrance Procedures Authority AdvisoryCouncil matters which, in the opinion of the
authority or in theopinionoftheMinistershouldbesoreferred,foradvice,comment or
recommendation;(h)toconsultwiththeTertiaryEntranceProceduresAuthorityAdvisoryCouncilandtokeepthatcouncilsystematicallyinformed
concerning developments and proposed developmentsin
relation to tertiary entrance procedures;(i)to
provide students and other members of the community withinformation in respect of tertiary
entrance;(j)to undertake or commission review and
research projects;(k)to appoint such advisory groups and
committees as it thinks fit toassist and
advise it in the performance of its functions and theexercise of its powers;(l)to
nominate a person to become and be a member of, or to haveobserverstatuson,appealscommitteesofuniversitiesoranycommittee, group or body concerned
with tertiary entrance;(p)to furnish to
the Minister as soon as practicable, but not later than4monthsafter30Juneineachyear,areportofitsworkandactivities during the year.(2)The authority has power to do anything
necessary or convenient inrelation to its functions.(3)Without limiting subsection (2), the
authority has the powers givento it under this
or another Act and, in particular, has power to—(a)enter into contracts; and(b)appoint agents and attorneys;
and(c)engage consultants; and(d)produce materials in performing its
functions; and(e)charge for advertising in the
materials; and(f)sell the materials or enter into an
agreement with someone else tosell the
materials.(4)However, the authority must not enter
into an agreement about realproperty,
including, for example, leasing premises for its
accommodation,unless the Minister has approved the
authority entering into the agreement.
s
710s 8Education
(Tertiary Entrance Procedures Authority)Act 19907Authority may make by-laws(1)The authority may from time to time
make by-laws not inconsistentwith this Act or
the regulations for or with respect to—(a)theissueoftertiaryentrancestatementsand,suchotherstatementsandlikedocumentsasareapprovedfromtimetotime;(b)advisory groups and committees appointed
pursuant to this part;(c)such other
matters as by this Act are required or permitted to beprescribed or as may from time to time be
necessary, convenientor desirable for the carrying into
effect of the several provisions,objects and
purposes of this Act.(2)A by-law may
prescribe fees payable to the authority—(a)for
the issue of tertiary entrance statements or other
documents,or copies of statements or other documents;
or(b)forotherservicesprovidedinrelationtotheauthority’sfunctions.(3)A
by-law may authorise the authority to make rules for the
carryinginto effect of all or any of the provisions
and objects of the by-laws.(4)All rules made
by the authority pursuant to any by-law shall be offull
force and effect on and from the day on which they are promulgated
inaccordancewiththeby-lawunderwhichtheyaremadeoronandfromsuch
later date as may be specified in the rule, and the production of a
copyofanysuchruleverifiedbytheauthorityissufficientevidenceofthemaking and
authenticity of the same in all courts and before all
personsacting judicially.(6)A
by-law has no effect unless and until approved by the Governor
inCouncil.8Minister’s power to give directions in the
public interest(1)TheMinistermaygivetheauthorityawrittendirectioniftheMinisterissatisfieditisnecessarytogivethedirectioninthepublicinterest.(2)Without limiting subsection (1), a
direction may be that the authoritymust comply
with—
s
911s 11Education
(Tertiary Entrance Procedures Authority)Act 1990(a)a policy, standard or other instrument
of a public sector unit; or(b)anotherdocument,includingforexample,anotherpolicy,standard or
instrument.(3)The authority must comply with the
direction.(4)Intheauthority’sannualreportforafinancialyear,undertheFinancial Administration and Audit Act
1977, the authority must includecopies of all directions given to it during
the financial year.Division 2—Administrative provisions
relating to the authority9Failure to
nominateWhereavacancyontheauthorityarisesfromtheexpirationofamember’stermofappointmentorbecauseofacasualvacancyontheauthority, and
the person, body or group required as prescribed by this Actin
relation to the membership of the authority to nominate a person to
be amember of the authority to fill the vacancy
fails to nominate such person atleast 14 days
prior to the date appointed for the filling of the vacancy,
theMinister may nominate the person in lieu of
the person, body or group andthereupon the
person shall be taken to have been nominated by the person,body
or group in question.10Members’ term of
appointment(1)Thememberappointedasthechairmemberoftheauthorityholdsofficefortheterm,notlongerthan4years,statedinthemember’sappointment.(2)Each
other member holds office for the term, not longer than 3
years,stated in the member’s appointment.11Eligibility for re-appointmentThe
members of the authority shall, if otherwise qualified, be eligible
forre-appointment.
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1212s 13Education
(Tertiary Entrance Procedures Authority)Act 199012Disqualification from officeA
person who—(a)isanundischargedbankruptortakesadvantageofthelawsinforce for the time being relating to
bankrupt or insolvent debtors;or(b)hasbeenconvictedinQueenslandofanindictableoffence(whetheronindictmentorsummarily)orhasbeenconvictedelsewhere than in Queensland in respect of
an act or omissionwhich if done or made by the person in
Queensland would haveconstitutedanindictableoffenceunlesstheMinisterisoftheopinionthatthecircumstancesoftheoffencedonotwarrantdisqualification
from office;shallnotbecapableofbeing,orcontinuingtobe,amemberoftheauthority.13Vacation of office of members of the
authorityA member of the authority is to be taken to
have vacated office as suchmember if the member —(a)dies;(b)declines to act or to further act as such
member;(c)resignsofficeassuchmemberinwritingdeliveredtothechairmember of
the authority;(d)is absent, without prior leave of the
authority, from 3 consecutiveordinary
meetings of the authority of which meetings a notice—(i)has been served personally upon the
member; or(ii)hasbeensentbyprepaidpostletteraddressedtothememberatthemember’splaceofbusinessorplaceofresidence last known to the chairmember of
the authority;(e)ceases to be qualified to be a member
of the authority;(f)isremovedfromofficeassuchmemberbytheGovernorinCouncil.
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1413s 16Education
(Tertiary Entrance Procedures Authority)Act 199014Vacancy on the authority from expiry
of term of appointment(1)Where a vacancy
in the membership of the authority occurs on theexpirationofamember’stermofappointment,theMinistermust,bywrittennotice,appointadateonorbeforewhichapersonistobeappointed to fill
that vacancy.(1A)The appointment
of a person to fill that vacancy is to be made, asprescribed by this Act in relation to the
membership of the authority, on orbefore the date
so appointed.(2)Subsection (1) does not apply in the
case of a vacancy occurring inthe membership of
the authority in respect of a member nominated by theMinister.(3)Where a vacancy occurs in respect of a
member nominated by theMinister, the Minister is to nominate a
person to fill such vacancy.15Removal of member(1)The
Governor in Council may at any time before the expiration of
theperiod for which a member of the authority
was appointed remove suchmember from membership by notification
published in the gazette.(2)Uponpublicationofsuchnotificationinthegazettethepersonsoremoved shall cease to be a member of the
authority.16Casual vacancies on the
authority(1)Where a casual vacancy occurs in the
membership of the authoritythe Minister
must, by written notice, appoint a date on or before which aperson is to be appointed to fill such casual
vacancy.(1A)The appointment
of a person to fill such a casual vacancy is to bemade,asprescribedbythisActinrelationtothemembershipoftheauthority, on or before the date so
appointed.(2)Subsections (1) and (1A) do not apply
in the case of a casual vacancyoccurringinthemembershipoftheauthorityinrespectofamembernominated by the
Minister.(2A)Where a casual
vacancy occurs in respect of a member nominatedby the Minister,
the Minister is to nominate a person to fill such casualvacancy, and subsection (3) applies in
respect of the appointment of theperson so
nominated.
s
1714s 18Education
(Tertiary Entrance Procedures Authority)Act 1990(3)The person appointed to fill a casual
vacancy in the membership ofthe authority
shall be appointed for the balance of the term for which
thatperson’s predecessor was appointed.17Manner of exercising power(1)The authority shall exercise a power
or authority or perform a duty orfunction by
majority vote of its members present and voting at the
meetingat which such exercise or performance is to
occur.(2)A member who abstains from voting is
to be taken to have voted forthe
negative.(3)The chairmember of the authority
(including any person for the timebeing acting as
such chairmember) shall have a deliberative vote and, in theevent
of an equality of votes, a casting vote.18Disclosure of interests by members of
authority, advisory council,advisory groups
and committees and executive director(1)This
section applies to an interested person if—(a)the
interested person has a direct or indirect financial interest
inanissuebeingconsidered,orabouttobeconsidered,byanentity; and(b)theinterestcouldconflictwiththeproperperformanceoftheperson’s duties about the
consideration of the issue.(2)As soon as
practicable after the relevant facts come to the interestedperson’s knowledge, the person must disclose
the nature of the interest to ameeting of the
entity.(3)Unless the entity otherwise directs,
the interested person must not—(a)be
present when the entity considers the issue; or(b)take
part in a decision of the entity about the issue.(4)Theinterestedpersonmustnotbepresentwhentheentityisconsidering whether to give a direction under
subsection (3).(5)Ifthereisanotherpersonwhomust,undersubsection(2),alsodisclose an
interest in the issue, the other person must not—(a)bepresentwhentheentityisconsideringwhethertogiveadirection under subsection (3);
or
s
18A15Education (Tertiary Entrance Procedures
Authority)Act 1990s 19(b)take part in making the decision about
giving the direction.(6)If, because of
this section, a member of an entity is not present at ameetingoftheentityforconsideringordecidinganissue,orforconsidering or deciding whether to give
a direction under subsection (3),but there would
be a quorum if the member were present, the remainingmembers present are a quorum of the entity
for considering or deciding theissue at the
meeting.(7)A disclosure under subsection (2) must
be recorded in the entity’sminutes.(8)In this section—“entity”,inrelationtoaninterestedperson,meanstheauthority,theadvisory council, an advisory group or a
committee.“interestedperson”meansamemberofanentityortheexecutivedirector.18A
Attendance by member’s proxy(1)Amemberoftheauthoritymayattendanauthoritymeetingbyproxy.(2)However, the member may not—(a)appoint a member of the office’s staff
as the proxyholder; or(b)attend more than
2 meetings each year by proxy.(3)A
member is not entitled to preside at a meeting merely because
themember is the proxyholder for another member
who, if present, would beentitled to preside.(4)In subsection (2)(b)—“year”means a period
of 12 months starting on the first day of the term ofoffice of the member concerned or an
anniversary of that day.19Quorum and
business of the authority(1)A quorum for the
authority is the number equal to one-half of thenumberofitsmembersor,ifone-halfisnotawholenumber,thenexthighest whole
number.
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19A16Education (Tertiary Entrance Procedures
Authority)Act 1990s 20(2)Meetingsoftheauthorityaretobecalledandconductedinthemanner determined by the
authority.(2A)Subsection (2)
is not to be construed or applied to prejudice theoperation of section 13(d).(3)The chairmember of the authority shall
preside at every meeting oftheauthorityatwhichthechairmemberispresentand,inthechairmember’sabsence,thedeputychairmemberoftheauthority,ifthedeputychairmemberispresent,shallpresideateverymeetingoftheauthority.(4)Shouldboththechairmemberandthedeputychairmemberoftheauthoritybeabsentfromthemeetingthereofamemberoftheauthorityelectedfromamongthememberswhoarepresentshallpresideatsuchmeeting.19A
Attendance of executive director of the office at meetings(1)The executive director of the office
may attend authority meetings.(2)The
executive director may speak at a meeting but is not entitled
tovote.20Proceedings in
relation to the authority(1)Proceedings in
any court may be taken and prosecuted in the name ofthe
authority through the chairmember or any person appointed in
writingfor the purpose by the chairmember.(2)Every court of law shall take judicial
notice of the signature of thechairmember to
any such appointment.(3)Inanysuchproceedingsitshallnotbenecessarytoprovetheauthorityofthepersonbyorthroughwhomthesamearetakenorprosecuted or the due appointment of any
member of the authority.(4)Proceedings in
any court may be taken against the authority in itsname,
the ‘Tertiary Entrance Procedures Authority’.
s
2117s 23Education
(Tertiary Entrance Procedures Authority)Act 199021Chairmember to sign agreements for the
authority(1)Subject to this Act, the chairmember
of the authority is empoweredto sign any
agreement for and on behalf of the authority, provided that
theauthority has first passed a resolution to
enter into such agreement.(2)Upon the
chairmember’s signature being affixed to any agreement inaccordance with this Act, the authority shall
be bound by the terms andconditions of that agreement.22Remuneration to members of the
authority, advisory groups andother
committees(1)Membersoftheauthority,advisorygroupsandothercommitteesestablished or
appointed under this Act are to be paid such fees,
allowancesandexpenses(ifany)astheGovernorinCouncilfromtimetotimedetermines.(2)Fees,allowancesandexpensesmaydifferinrespectofdifferentmembersaccordingtoclassofpayment,rateorpositionheldontheauthority or, as
the case may be, advisory groups or other committees.(3)A provision in any Act requiring the
holder of an office specifiedtherein to devote
the whole of the person’s time to the duties of office orprohibiting the person from engaging in
employment outside the duties ofoffice shall not
operate to disqualify the person from holding that officeand
also the office of a member of the authority, advisory group or
othercommitteeorfromacceptingandretaininganyfees,allowancesorexpenses payable to the person pursuant to
this section.(5)ThissectiondoesnotapplytotheTertiaryEntranceProceduresAuthority
Advisory Council.23Delegation by chairmember of
authorityThechairmembermaydelegatethechairmember’spowersunderthisAct
to any person.
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2418s 26Education
(Tertiary Entrance Procedures Authority)Act 1990Division 3—Financial and accountability
provisions relating to theauthority24Accounts and auditTheFinancial Administration and Audit Act
1977applies to the authorityto the extent
provided by that Act.25Funds of the
authority(1)Theauthorityistokeepanaccountatafinancialinstitutionforageneral fund.(2)There are to be paid into the general fund
of the authority all moneysappropriatedbyParliamentineachyearforthepurposeandallothermoneys paid to the authority.(3)The authority is to pay from the
moneys from time to time standingto the credit of
the general fund liabilities incurred by it in or in
connectionwith—(a)the
conduct of the activities for which it is constituted;(b)the operation of and, the conduct of
the activities of, the TertiaryEntrance
Procedures Authority Advisory Council.26Budget of the authority(1)In
each year the authority, by resolution in that behalf, is to
adoptand, at a time determined from time to time
by the Minister, lodge with theMinister a budget
in respect of the fund maintained wherein the authority isto
estimate as accurately as possible—(a)the
amount of moneys to be available in that fund on 1 July in
theyear next following;(b)the
amount to be disbursed by the authority from that fund
duringtheyearendingon30Juneintheyearnextfollowingintheproperexercisebytheauthorityofitsfunctionsandpowersunder this Act
and in giving effect to this Act;(c)theamounttobereceivedfromallsourcesbytheauthorityduring the year
ending on 30 June in the year next following.
s
2719s 27Education
(Tertiary Entrance Procedures Authority)Act 1990(2)A budget of the authority is of no
force or effect until it is adopted bythe authority and
approved by the Minister.(3)Upon approval by
the Minister, the budget shall be binding upon theauthority.(4)Ifthegeneralfundoftheauthoritycontainsasurplusorshowsadeficit at the end of a financial year, the
authority is to take such surplus ordeficit into
account in the preparation of its budget for the next
succeedingfinancial year.27Observance of budget(1)Subject to this section, the authority is to
confine its disbursementsfrom its general fund throughout a
financial year within the total amountcontained in its
budget for that financial year as approved under section 26.(2)If,duringanyfinancialyear,itappearstotheauthoritythatanextraordinarycircumstancehasarisenwhichrequiresthattheauthoritymake a
disbursement from its general fund in that financial year that
wasnot provided for in the budget (as approved)
for that financial year, and ifsuch disbursement
is likely to cause the authority to exceed its approvedbudget, the authority shall, before making
such disbursement—(a)by resolution, approve that such
disbursement be made; and(b)obtain approval
of the Minister for an appropriate amendment tothe
budget.(3)If, in any financial year, the
authority makes from its general fund adisbursement
which was not provided for in the budget (as approved) oftheauthorityforthatfinancialyear,andsuchdisbursementcausestheauthoritytoexceeditstotalbudgetamount,allthemembersoftheauthority who voted for such
disbursement shall be jointly and severallyliabletorepaytotheauthoritytheamountofsuchexcessunlesstheMinister has approved as prescribed of the
making of such disbursement.(4)Such
amount may be recovered from such members or any of themasmoneysdueandowingtotheauthoritybyactionatthesuitoftheMinister in any court of competent
jurisdiction.
s
2820s 31DEducation
(Tertiary Entrance Procedures Authority)Act 199028FeesAll fees
received by the authority under this Act shall be paid into
thegeneral fund and applied solely for the
purposes of the authority.29Authority is
statutory body(1)UndertheStatutoryBodiesFinancialArrangementsAct1982,theAuthority is a statutory body.(2)TheStatutory Bodies
Financial Arrangements Act 1982, part 2B
setsout the way in which the authority’s powers
under this Act are affected bytheStatutory Bodies Financial Arrangements Act
1982.PART 2A—OFFICE OF THE TERTIARY
ENTRANCEPROCEDURES AUTHORITY31A Office of the
Tertiary Entrance Procedures AuthorityThe Office of the
Tertiary Entrance Procedures Authority is established.31B
Function and powers(1)The office’s function is to assist the
authority.(2)The office has power to do anything
necessary or convenient to bedone in relation
to its function.31C Executive director and staff of the
office(1)The office consists of the executive
director and other staff of theoffice.(2)Theexecutivedirectorandotherstaffoftheofficearetobeappointed under thePublic Service
Act 1996.31D Control of the office(1)The executive director is to control
the office.
s
3221s 33Education
(Tertiary Entrance Procedures Authority)Act 1990(2)The executive director has all the
functions and powers of the chiefexecutive of a
department, so far as the functions and powers relate to theorganisational unit comprising the staff of
the office.PART 3—TERTIARY ENTRANCE PROCEDURESAUTHORITY ADVISORY COUNCILDivision 1—Constitution and functions of the
advisory council32Constitution of the advisory
councilThere shall be constituted an advisory
council to be called the ‘TertiaryEntranceProcedures Authority AdvisoryCouncil’ whichistoconsistofmembersappointedbytheMinisterafterconsultationwithandhavingregard to the
views of groups that, in the opinion of the Minister,
representtheinterestsofstudents,parents,teachers,schools,tertiaryeducators,tertiary
institutions and employers.33Functions of the
advisory council(1)The functions of the advisory council
are—(a)to report to the authority on matters
referred to it by the authorityfor advice,
comment or recommendation;(b)to report to the
Minister on matters referred to it by the Ministerfor
advice, comment or recommendation;(c)to
refer to the authority or the Minister or both, matters
relatingto tertiary entrance which, in its opinion,
should be so referred;(d)todosuchsupplemental,incidentalandconsequentialactsasmay be necessary or expedient for the
exercise of its functions orits
operations.(2)The advisory council shall not at any
time have control of funds.
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3422s 37Education
(Tertiary Entrance Procedures Authority)Act 1990Division 2—Administrative provisions relating
to the advisory council34Presiding
officer(1)The advisory council is to have a
presiding officer.(2)The chairmember of the authority is to
be the presiding officer.35Failure to
nominateIf a person or body is requested by the
Minister to nominate a person forappointment as a
member of the advisory council and such nomination isnot
made within the time or in the manner specified by the Minister
whenthe Minister requests the nomination, the
Minister may appoint any persontobeamemberinsteadofthepersonrequiredtobeappointedonthenomination.36Term
of officeA member of the advisory council, subject to
this Act, is to hold officefor such term, not exceeding 3 years,
as is specified in the instrument ofappointment of
the member but is eligible for reappointment.37Disqualifications for appointment as
memberA person who—(a)is
an undischarged bankrupt or is taking advantage of the laws
inforce for the time being relating to
bankrupt or insolvent debtors;or(b)hasbeenconvictedinQueenslandofanindictableoffence(whetheronindictmentorsummarily)orhasbeenconvictedelsewhere than in Queensland in respect of
an act or omissionwhich if done or made by that person in
Queensland would haveconstitutedanindictableoffenceunlesstheMinisterisoftheopinionthatthecircumstancesoftheoffencedonotwarrantdisqualification
from office;is not qualified to be or to continue as a
member.
s
3823s 40Education
(Tertiary Entrance Procedures Authority)Act 199038Vacation of office(1)The
office of a member of the advisory council becomes vacant if
themember —(a)dies; or(b)resigns office by writing signed by the
member and given to theMinister; or(c)is
absent from 3 consecutive meetings of the advisory council
ofwhichreasonablenoticehasbeengiventothememberpersonallyorintheordinarycourseofpostexceptonleavegranted by the
advisory council, and is not, before the expirationof4weeksfromthelastofthosemeetings,excusedbytheadvisory council for being absent from
those meetings; or(d)ceases to be qualified to continue as a
member; or(e)ceases to hold the office or position
necessary for appointment asa member.(2)TheMinistermay,foranycausethatappearstotheMinistersufficient,
remove any member of the advisory council from office.(3)Ontheoccurrenceofavacancyintheofficeofamemberoftheadvisory council, the Minister may
appoint a person to the vacant office sothat the advisory
council is constituted in accordance with section 32.39Procedures, etc. of the advisory
council(1)The quorum of the advisory council and
the practices and proceduresoftheadvisorycouncilgenerally,subjecttothisActandtothepriorapproval of the
authority, are to be as determined by the advisory council.(2)The presiding officer of the advisory
council or, in the absence of thepresidingofficer,thememberchosenbythememberspresentatthemeetingtoactaspresidingofficermaypresideatanymeetingoftheadvisory council.40Remuneration to members of the advisory
council(1)Members of the advisory council
established under this Act shall bepaidsuchfees,allowancesandexpenses(ifany)astheGovernorinCouncil from time to time
determines.
s
4124s 44Education
(Tertiary Entrance Procedures Authority)Act 1990(2)Fees,allowancesandexpensesmaydifferinrespectofdifferentmembersaccordingtoclassofpayment,rateorpositionheldontheadvisory
council.(3)A provision in any Act requiring the
holder of an office specifiedtherein to devote
the whole of the person’s time to the duties of office orprohibiting the person from engaging in
employment outside the duties ofoffice shall not
operate to disqualify the person from holding that officeand
also the office of a member of the advisory council or from
acceptingandretaininganyfees,allowancesorexpensespayabletothepersonpursuant to this section.41Advisory council not to be statutory
bodyThe advisory council is not a statutory body
within the meaning of thatterm in theFinancial
Administration and Audit Act 1977.PART
4—GENERAL PROVISIONS43Administrative support for authority
and office(1)Theauthoritymaymakearrangementsforadministrativesupportservices for the authority and the
office.(2)If the authority makes arrangements
with the chief executive for thedepartment to
provide 1 or more services for the authority or the office,
thearrangementmustincludeaprovisionabouttheauthoritypayingthedepartment a reasonable amount for the
service.44Delegation by Minister(1)TheMinistermaydelegatetheMinister’spowersunderthisAct,other than under
section 8,1to an appropriately qualified
person.(2)In subsection (1)—1Section 8 (Minister’s power to give
directions in the public interest)
s
4525s 48Education
(Tertiary Entrance Procedures Authority)Act 1990“appropriately qualified person”means a person with the
qualifications,experience or standing appropriate to
exercise the power.Example of standing—A person’s
classification level in the public service.45Regulation-making powerThe Governor in
Council may make regulations under this Act.PART
5—TRANSITIONAL46Definitions for pt 5In
this part—“1992orderincouncil”meanstheOfficeoftheTertiaryEntranceProceduresAuthorityOrder1992,publishedinthegazetteon18
January 1992 at page 156.“commencement day”means the day
this part commences.“formeroffice”meanstheOfficeoftheTertiaryEntranceProceduresAuthority
established, under the 1992 order in council, as a part of
thedepartment.“new office”means the office.“transferringofficer”meansapersonwho,immediatelybeforethecommencement day, was a public service
officer within the formeroffice.47Dissolution of former officeThe
former office is dissolved.48Staff of the
office(1)Each transferring officer is taken to
have been appointed as a publicservice officer
within the new office.
s
4826s 48Education
(Tertiary Entrance Procedures Authority)Act 1990(2)Each transferring officer
keeps—(a)the salary and conditions of
employment; and(b)the entitlements with respect to leave
and superannuation;that applied to the officer immediately before
the commencement day.(3)Toremoveanydoubt,itisdeclaredthatatransferringofficer’scontinuity of service is not interrupted
merely because of the end of theofficer’s
appointment within the former office and the start of the
officer’sappointment within the new
office.
28Education (Tertiary Entrance Procedures
Authority)Act 19904Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.11A22A33A3B3CAmendments
includedto Act No. 32 of 1993to Act No. 58 of
1995to Act No. 65 of 1996to Act No. 17 of
1997to Act No. 83 of 1997to Act No. 81 of
1999to Act No. 23 of 2000to Act No. 60 of
2001Reprint date4 October
199427 September 19963 February
199725 August 19974 February
199811 January 200011 October
20002 January 20025Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableChanged citations and remade lawsObsolete and redundant provisionsRenumbered provisionsReprint
No.1116List of legislationEducation (Tertiary Entrance Procedures
Authority) Act 1990 No. 92date of assent 7 December 1990ss
1–3 commenced on date of assentremaining
provisions commenced 20 April 1991 (proc pubd gaz 20 April
1991p 2558)rep 1 July 2002
(2002 No. 1 s 80)amending legislation—Statute Law
(Miscellaneous Provisions) Act 1991 No. 97 ss 1–3 sch 1date
of assent 17 December 1991commenced on date of assentStatute Law (Miscellaneous Provisions) Act
1993 No. 32 ss 1–3 sch 2date of assent 3 June 1993commenced on date of assent
29Education (Tertiary Entrance Procedures
Authority)Act 1990Statute Law
Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1date
of assent 28 November 1995commenced on date of assentStatutory Bodies Financial Arrangements
Amendment Act 1996 No. 54 ss 1–2, 9 schdate of assent 20
November 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 June 1997
(1997 SL No. 128)Education (School Curriculum P–10) Act 1996
No. 65 ss 1–2, 52 sch 2date of assent 9 December 1996ss
1–2 commenced on date of assentremaining
provisions commenced 1 February 1997 (1997 SL No. 5)Miscellaneous Acts (Non-bank Financial
Institutions) Amendment Act 1997 No. 17ss 1–2, 74
schdate of assent 15 May 1997ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 1997 (1997 SL No. 163)Education and Other Legislation Amendment Act
1997 No. 83 pts 1, 10date of assent 5 December 1997ss
1–2 commenced on date of assentremaining
provisions commenced on 1 January 1998 (1997 SL No. 464)Education and Other Legislation Amendment Act
1999 No. 81 pts 1, 6date of assent 14 December 1999ss
1–2 commenced on date of assentremaining
provisions commenced 1 January 2000 (see s 2)Training and
Employment Act 2000 No. 23 ss 1, 2(3), 293 sch 2date
of assent 27 June 2000ss 1–2 commenced on date of
assentremaining provisions commenced 28 September
2000 (2000 SL No. 248)Education (Accreditation of Non-State
Schools) Act 2001 No. 60 ss 1, 2(2), 218 sch 1date of assent 21
September 2001ss 1–2 commenced on date of assentremaining provisions commenced 1 January
2002 (see s 2(2))7List of annotationsTitleamd R1 (see RA s 39)Commencements 2om R2
(see RA s 37)Definitionsprov hdgsub
1995 No. 58 s 4 sch 1s 4def“executive director”ins 1996 No. 65 s
52 sch 2def“financial year”om 1991 No. 97 s
3 sch 1
30Education (Tertiary Entrance Procedures
Authority)Act 1990def“materials”sub 1996 No. 65 s
52 sch 2def“Minister”om 1991 No. 97 s
3 sch 1def“non-State school”sub 2001 No. 60 s
218 sch 1def“office”ins 1996 No. 65 s
52 sch 2Constitution of the authoritys
5amd 1996 No. 65 s 52 sch 2; 2000 No. 23 s
293 sch 2Functions and powers of the authoritys
6amd 1991 No. 97 s 3 sch 1; 1995 No. 58 s 4
sch 1; 1996 No. 65 s 52 sch 2;2000 No. 23 s 293
sch 2Authority may make by-lawss
7amd 1993 No. 32 s 3 sch 2; 1996 No. 65 s 52
sch 2Minister’s power to give directions in the
public interests 8sub 1996 No. 65 s 52 sch 2Members’ term of appointments
10sub 1996 No. 65 s 52 sch 2Disqualification from offices
12amd 1996 No. 65 s 52 sch 2Vacancy on the authority from expiry of term
of appointments 14amd 1996 No. 65 s 52 sch 2Casual
vacancies on the authoritys 16amd 1996 No. 65 s
52 sch 2Disclosure of interests by members of
authority, advisory council, advisory groupsand committees
and executive directors 18sub 1996 No. 65 s
52 sch 2Attendance by member’s proxys
18Ains 1996 No. 65 s 52 sch 2Quorum
and business of the authoritys 19amd
1995 No. 58 s 4 sch 1; 1999 No. 81 s 40Attendance of
executive director of the office at meetingss 19Ains
1996 No. 65 s 52 sch 2Chairmember to sign agreements for the
authoritys 21amd 1995 No. 58 s 4 sch 1Remuneration to members of the authority,
advisory groups and other committeess 22amd
1995 No. 58 s 4 sch 1; 1996 No. 65 s 52 sch 2Delegation by
chairmember of authoritys 23sub 1995 No. 58 s
4 sch 1Accounts and audits 24amd
1995 No. 58 s 4 sch 1Funds of the authoritys
25amd 1997 No. 17 s 74 sch
31Education (Tertiary Entrance Procedures
Authority)Act 1990Budget of the
authoritys 26amd 1995 No. 58 s 4 sch 1Observance of budgets 27amd
1995 No. 58 s 4 sch 1Authority is statutory bodys
29sub 1996 No. 54 s 9 schFinancial
arrangementss 30amd 1995 No. 58 s 4 sch 1om
1996 No. 54 s 9 schDivision 4—Staff of the Authoritydiv
hdgom 1996 No. 65 s 52 sch 2Minister to provide staffs 31om
1996 No. 65 s 52 sch 2PART2A—OFFICEOFTHETERTIARYENTRANCEPROCEDURESAUTHORITYpt hdgins
1996 No. 65 s 52 sch 2Office of the Tertiary Entrance
Procedures Authoritys 31Ains 1996 No. 65 s 52 sch 2Function and powers31Bins
1996 No. 65 s 52 sch 2Executive director and staff of the
office31Cins 1996 No. 65 s 52 sch 2Control of the offices 31Dins
1996 No. 65 s 52 sch 2amd 1997 No. 83 s 57Disqualifications for appointment as
members 37amd 1996 No. 65 s 52 sch 2Remuneration to members of the advisory
councils 40amd 1996 No. 65 s 52 sch 2Regulationss 42om
1995 No. 58 s 4 sch 1Administrative support for authority
and offices 43amd 1995 No. 58 s 4 sch 1sub
1996 No. 65 s 52 sch 2Delegation by Ministers
44sub 1995 No. 58 s 4 sch 1; 1996 No. 65 s 52
sch 2Regulation-making powers 45sub
1995 No. 58 s 4 sch 1
