New South Wales Repealed Acts

This legislation has been repealed.

HIGHER EDUCATION ACT 1988 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 9)

Part 1 - General

1 Definition

In this Schedule:
"Higher Education Board" means the New South Wales Higher Education Board constituted under the Higher Education Act 1975 .

2 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the following enactments:

This Act

Miscellaneous Acts (Higher Education) Amendment Act 1988

Schedule 2 to the Vocational Education and Training Accreditation (Amendment) Act 1993

(2) Any such provision may, if the regulations so provide, take effect from the commencement of the Act concerned or a later day.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on abolition of Higher Education Board

3 Members of Higher Education Board

(1) A person who, immediately before the commencement of this Act, held office as a member of the Higher Education Board:

(a) ceases to hold office as such on that commencement, and

(b) is not entitled to any remuneration or compensation because of the loss of that office.

(2) Nothing in this Act affects any arrangement for the appointment of any such person to a position in the service of the Government.

4 Transfer of assets, liabilities etc of Board

On and from the commencement of this Act, any assets, rights, liabilities or obligations of the Higher Education Board shall become assets, rights, liabilities or obligations of the Crown in right of the State.

5 Construction of references

A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to:

(a) the Higher Education Board or the Chairman or any member of that Board, or

(b) the New South Wales Advanced Education Board, the New South Wales Higher Education Authority or the New South Wales Universities Board or the Chairman or any member of either of those Boards or of that Authority,

6 Saving of existing approvals of advanced education courses

An order or a determination made by the Higher Education Board and in force immediately before the abolition of that Board (being an order approving a course of study as an advanced education course or a determination of the nomenclature of the academic award to be granted on completion of the course) shall be taken to be an order under section 3.

7 Saving of existing approvals of institutions etc conferring degrees

A corporation, body or institution approved for the purposes of section 14 of the Higher Education Act 1975 immediately before the commencement of this Act shall (subject to the regulations) be taken to be a corporation, body or institution approved by the regulations for the purposes of section 4 of this Act.

Part 3 - Approvals to provide courses to overseas students

8 Deemed approval

(1) An official university (within the meaning of section 4) registered or purportedly registered under the Commonwealth Act immediately before the commencement of Schedule 2 to the Vocational Education and Training Accreditation (Amendment) Act 1993 to provide courses to overseas students is taken to have been approved under section 4B of this Act to provide those courses.

(2) In this clause, "overseas student" and "the Commonwealth Act" have the same meanings as in section 4B.