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This is a Bill, not an Act. For current law, see the Acts databases.


AGRICULTURAL COLLEGES BILL 1994

      Queensland




 AGRICULTURAL
COLLEGES BILL 1994

 


 

Queensland AGRICULTURAL COLLEGES BILL 1994 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Declaration of agricultural colleges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Application of Vocational Education, Training and Employment Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 2--AGRICULTURAL COLLEGE BOARDS Division 1--College board establishment and general powers and functions 6 Board of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Functions of college board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Powers of college board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Way college board must act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 College board is subject to direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2--College board composition and members 12 Membership of college board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Official members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Failure to nominate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Person may act as appointed member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

 


 

2 Agricultural Colleges Division 3--Chairperson and deputy chairperson 19 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 20 Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 4--Meetings of college board 21 Who is to preside at meetings of college board . . . . . . . . . . . . . . . . . . . . . . 14 22 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23 Conduct of meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 5--Other provisions about college board members 24 Entitlements of college board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 25 Training for college board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 3--THE DIRECTOR 26 Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27 Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 4--PROPERTY AND FINANCE Division 1--Dealing with State land by college board 28 Application of Land Act 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 2--Finance 29 Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 30 Trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 31 Loan funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 32 General fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 Other funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 34 Financial review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3--Application of finance Acts 35 College board is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 5--COLLEGE RULES 36 College rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 37 Notification of college rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 6--GENERAL 38 Driver training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 39 What happens to assets and liabilities on closure of college . . . . . . . . . . . 20 40 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

 


 

3 Agricultural Colleges PART 7--REPEAL AND TRANSITIONAL 41 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 43 Rural training schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 44 Existing boards of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 45 Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 46 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 47 Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 48 References to rural training schools etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 49 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 50 Expiry of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

 


 

 

1994 A BILL FOR An Act about agricultural colleges

 


 

s1 6 s3 Agricultural Colleges The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Agricultural Colleges Act 1994. 4 5 Commencement 2. This Act commences on a day to be fixed by proclamation. 6 7 Definitions 3. In this Act-- 8 "accredited" means accredited under the Vocational Education, Training 9 and Employment Act 1991. 10 "agricultural college" means a State college that is declared to be an 11 agricultural college. 12 "appointed member" means a person appointed under section 14 as a 13 member of a college board. 14 "college" means an agricultural college. 15 "college board" see section 6. 16 "college hostel" means premises kept by a college board for student 17 accommodation. 18 "member" means a member of a college board. 19 "official member" means a person who is an official member of a college 20 board. 21 "State college" has the meaning given by the Vocational Education, 22 Training and Employment Act 1991. 23 "State land" means land-- 24

 


 

s4 7 s5 Agricultural Colleges (a) granted in trust, or reserved and set apart for a purpose, under the 1 Land Act 1962; and 2 (b) vested in or placed under the control of a college board. 3 "student" of a college means a student enrolled in the college. 4 of agricultural colleges 5 Declaration 4.(1) This section applies to a State college that offers, or will offer, 6 courses about agriculture, pasturage or animal husbandry. 7 (2) The Minister may, by Gazette notice, declare the State college to be an 8 agricultural college. 9 of Vocational Education, Training and Employment Act 10 Application 1991 11 5. The following sections of the Vocational Education, Training and 12 Employment Act 1991 do not apply to a college-- 13 · section 38 (Powers incident to maintaining State colleges) 14 · section 42 (Approved scheme) 15 · section 43 (Variation of trust purposes) 16 · section 44 (Amendment of approved scheme) 17 · section 45 (Requirement for schemes) 18 · section 46 (Recording schemes in land register) 19 · section 47 (Rights and jurisdiction in equity not affected) 20 · section 48 (Disposal of moneys) 21 · section 52 (Establishment and constitution of councils) 22 · section 53 (Functions of State college council) 23 · section 54 (Appointment of members) 24 · section 55 (Removal of members) 25 · section 56 (Chairperson, deputy chairperson) 26

 


 

s6 8 s7 Agricultural Colleges · section 57 (Vacancy in membership) 1 · section 58 (Filling casual vacancies). 2 ART 2--AGRICULTURAL COLLEGE BOARDS 3 P Division 1--College board establishment and general powers and 4 functions 5 of trustees 6 Board 6.(1) There is a board of trustees for each college (the "college board"). 7 (2) The college board-- 8 (a) is a corporation with perpetual succession; and 9 (b) has a common seal; and 10 (c) may sue and be sued in its corporate name. 11 (3) The corporation's name is the `[Name of locality] Agricultural 12 College Board'. 13 (4) For subsection (3), the Minister may, by Gazette notice, nominate the 14 name of the locality for inclusion in the corporation's name. 15 of college board 16 Functions 7.(1) The college board for a college is the college's governing body. 17 (2) The college board has the functions conferred on it by this or another 18 Act. 19 (3) Without limiting subsection (2), the college board's functions 20 include-- 21 (a) ensuring the college provides education at an appropriate standard 22 about things connected with rural industry; and 23 (b) ensuring the college provides accredited courses of study at levels 24 of achievement approved by the Minister; and 25

 


 

s8 9 s8 Agricultural Colleges (c) helping the director assess overall staff and student performance; 1 and 2 (d) helping in college operations by providing board representation-- 3 (i) on college committees; and 4 (ii) in proceedings to decide appeals by students against 5 assessment, exclusion or discipline; and 6 (e) communicating information about the college to the community; 7 and 8 (f) encouraging the establishment of local industry advisory 9 committees in cooperation with any industry training advisory 10 body for rural industry for the area served by the college; and 11 (g) monitoring rural industry training needs for the area served by the 12 college. 13 of college board 14 Powers 8.(1) A college board has all the powers of an individual, and may, for 15 example-- 16 (a) enter into contracts; and 17 (b) acquire, hold, dispose of, and deal with property; and 18 (c) appoint agents and attorneys; and 19 (d) engage consultants; and 20 (e) fix charges, and other terms, for services and facilities it supplies; 21 and 22 (f) do anything else necessary or convenient to be done for, or in 23 connection with, its functions. 24 (2) Without limiting subsection (1), a college board has the powers given 25 to it under this or another Act and, in particular, has power-- 26 (a) to appoint the college's staff, including the secretary of the college 27 board; and 28 (b) to manage and control the college's affairs and property; and 29 (c) to manage and control the college's finances; and 30

 


 

s9 10 s 10 Agricultural Colleges (d) to decide the college's strategic direction and profile; and 1 (e) to develop appropriate curricula for the college in consultation 2 with industry, business and the community; and 3 (f) to decide the physical and resource needs for courses and 4 activities at the college; and 5 (g) to identify continuing and emerging rural training needs in rural 6 communities; and 7 (h) to review and develop the provision of student services; and 8 (i) to provide college hostel accommodation for students; and 9 (j) to make other provision for the college of a kind the chief 10 executive of the department may make for a State college under 11 section 38 of the Vocational Education, Training and 12 Employment Act 1991 (Powers incident to maintaining State 13 colleges). 14 (3) However, unless it has the Minister's approval, a college board must 15 not-- 16 (a) alter a college building (other than in a minor way); or 17 (b) extend a college building; or 18 (c) build or buy a building for use by the college; or 19 (d) sell college land or a college building. 20 (4) A college board may exercise its powers inside or outside 21 Queensland. 22 (5) Without limiting subsection (4), a college board may exercise its 23 powers outside Australia. 24 college board must act 25 Way 9. A college board must act in the way that appears to it most likely to 26 promote the interests of its college. 27 board is subject to direction 28 College 10. Despite a college board's powers, it must comply with a written 29

 


 

s 11 11 s 14 Agricultural Colleges direction given to it by the Minister about its policy, or the exercise of its 1 functions or powers. 2 3 Delegation 11.(1) A college board may delegate its powers under this Act to the 4 college's director. 5 (2) However, the college board may not delegate its power-- 6 (a) to make college rules; or 7 (b) to adopt the college's annual budget. 8 2--College board composition and members 9 Division of college board 10 Membership 12. A college board consists of official members and appointed 11 members. 12 members 13 Official 13.(1) There are 3 official members. 14 (2) The official members are-- 15 (a) the college's director; and 16 (b) a nominee of the chief executive of the department; and 17 (c) the president of the student body recognised by the director as 18 representing the interests of the college's students. 19 (3) The chief executive's nominee must be a person employed at a level 20 at least equivalent to that of director of a State college. 21 members 22 Appointed 14.(1) There are 9 appointed members. 23 (2) The Governor in Council is to appoint the appointed members. 24

 


 

s 15 12 s 16 Agricultural Colleges (3) The appointed members are-- 1 (a) 3 residents of the area served by the college; and 2 (b) 1 nominee of-- 3 (i) the local government for the local government area in which 4 the college is situated; or 5 (ii) if the local government is a city or town and there is an 6 adjoining shire--the adjoining shire; and 7 (c) 1 staff member of the college nominated by college staff; and 8 (d) 1 nominee of the Primary Industries Corporation; and 9 (e) 3 nominees of the Minister. 10 (4) A member mentioned in subsection (3)(a) must be a nominee of an 11 entity representing persons engaged in rural industry in the area served by 12 the college. 13 (5) A member mentioned in subsection (3)(a) or (e) must have 14 experience in a rural industry carried on in the area served by the college. 15 of appointment 16 Term 15. An appointed member is to be appointed for a term of 4 years. 17 to nominate 18 Failure 16.(1) If an entity permitted to nominate a person or persons for 19 appointment as a member fails to nominate any or enough eligible persons 20 by a day fixed by the Minister by written notice given to the entity, the 21 Minister may nominate as many persons as necessary to satisfy section 14 22 (Appointed members). 23 (2) A person appointed because of a nomination under subsection (1) is 24 taken to have been appointed on the entity's nomination. 25 (3) This section applies to, but is not limited to, an appointment required 26 because of a casual vacancy. 27

 


 

s 17 13 s 20 Agricultural Colleges may act as appointed member 1 Person 17. The Governor in Council may appoint a person to act as an appointed 2 member during any period, or all periods, when the member is absent from 3 the State or, for another reason, cannot perform the functions of the office. 4 of office 5 Vacation 18.(1) The office of an appointed member becomes vacant if-- 6 (a) the member dies; or 7 (b) the member ceases to be eligible to become a member of the type 8 concerned; or 9 (c) the member is absent without the college board's leave and 10 without reasonable excuse from 3 consecutive meetings of the 11 board; or 12 (d) the member resigns from office by signed notice of resignation 13 given to the Minister. 14 (2) A resignation takes effect on the day the notice of resignation is given 15 to the Minister or, if a later day of effect is stated in the notice, the later day. 16 Division 3--Chairperson and deputy chairperson 17 18 Chairperson 19.(1) The Governor in Council must appoint 1 of the members of a 19 college board as chairperson of the board. 20 (2) The chairperson must be a member with experience in a rural 21 industry that is part of the college's curricula. 22 (3) The chairperson is the executive member of the college board. 23 chairperson 24 Deputy 20.(1) The members of a college board must elect 1 of the members as 25 deputy chairperson of the board whenever there is a vacancy in the office. 26 (2) The deputy chairperson is to act as chairperson-- 27

 


 

s 21 14 s 24 Agricultural Colleges (a) when there is a vacancy in the office; and 1 (b) during any period, or all periods, when the chairperson is absent 2 from the State or, for another reason, cannot perform the 3 functions of the office. 4 4--Meetings of college board 5 Division is to preside at meetings of college board 6 Who 21.(1) The chairperson must preside at meetings of the college board. 7 (2) If the chairperson is absent from a meeting, the deputy chairperson 8 must preside at the meeting. 9 (3) If the chairperson and the deputy chairperson are both absent from a 10 meeting of a college board or the offices are vacant, the members present 11 must elect a member to preside at the meeting. 12 uorum 13 Q 22. A quorum exists at a meeting of a college board if more than half the 14 members are present. 15 of meeting 16 Conduct 23. A college board may otherwise regulate its proceedings as it 17 considers appropriate. 18 Division 5--Other provisions about college board members 19 of college board members 20 Entitlements 24.(1) A member (other than the director or a staff member of the 21 college) is entitled to be paid the fees and allowances that may be approved 22 by the Governor in Council. 23 (2) A member of a college board may be reimbursed out-of-pocket 24 expenses that-- 25

 


 

s 25 15 s 27 Agricultural Colleges (a) are necessarily incurred by the member in performing the 1 functions of the office; and 2 (b) are approved by the college board. 3 for college board members 4 Training 25. The chief executive of the department must ensure members receive 5 training about the exercise of their functions as members of a corporation 6 that the chief executive considers appropriate. 7 ART 3--THE DIRECTOR 8 P 9 Director 26.(1) Each college has a director. 10 (2) The college board is to appoint the director. 11 (3) The director is the chief executive officer of the college. 12 (4) Subject to the board, the director is responsible for the day-to-day 13 management of the college. 14 director 15 Acting 27. The college board may appoint a person to act as director-- 16 (a) during any vacancy, or all vacancies, in the office; or 17 (b) during any period, or all periods, when the director is absent from 18 the State or, for another reason, cannot perform the functions of 19 the office. 20

 


 

s 28 16 s 29 Agricultural Colleges ART 4--PROPERTY AND FINANCE 1 P Division 1--Dealing with State land by college board 2 of Land Act 1962 3 Application 28.(1) State land is held and may be disposed of under the Land Act 4 1962. 5 (2) However, a college board may only grant an interest in State land by 6 way of lease. 7 (3) The lease must-- 8 (a) be for a term of not more than 20 years; and 9 (b) not contain a covenant, agreement or option for the renewal of the 10 lease or the purchase of the land; and 11 (c) be for the highest annual rent that can reasonably be obtained 12 without taking a fine, premium or other consideration for the 13 grant of the lease and having regard to the purpose for which the 14 land is to be used. 15 Division 2--Finance 16 unds 17 F 29.(1) A college board may establish and administer the following kinds 18 of funds-- 19 (a) a trust fund; 20 (b) a loan fund; 21 (c) a general fund; 22 (d) a kind of fund prescribed by regulation. 23 (2) A regulation may specify the purpose for which amounts held in a 24 particular kind of fund may be used. 25

 


 

s 30 17 s 33 Agricultural Colleges rust fund 1 T 30.(1) The college board must pay into the trust fund amounts paid to the 2 board for use for a particular person or a particular purpose. 3 (2) The college board may only use an amount paid into the trust fund 4 for the person or purpose for which it was paid to the board. 5 (3) Tuition fees are not to be paid into the trust fund. 6 oan funds 7 L 31.(1) The college board must pay into the loan fund amounts paid to the 8 board by way of loan or subsidy. 9 (2) The college board may only use amounts held in the loan fund to pay 10 expenses necessarily incurred in giving effect to the purpose of the loan or 11 subsidy. 12 fund 13 General 32.(1) The college board must pay into the general fund amounts paid to 14 the college out of the Consolidated Fund. 15 (2) The college board may also pay into the general fund amounts 16 received by the board from another source, including, for example, tuition 17 fees or other charges or the sale of produce or stock. 18 (3) The college board may only use amounts held in the general fund to 19 pay the college's general operating costs. 20 ther funds 21 O 33. If a college board establishes a fund of a kind prescribed by 22 regulation under section 29(1)(d) (Funds), the board-- 23 (a) must pay into the fund amounts paid to the board for the fund's 24 purposes; and 25 (b) may only use amounts held in the fund for the fund's purposes. 26

 


 

s 34 18 s 36 Agricultural Colleges review 1 Financial 34.(1) A college board must, in each financial year, adopt a budget for 2 the college for the next financial year. 3 (2) In framing its budget, the college board must have regard to any 4 resource agreement entered into between the college board and the chief 5 executive of the department. 6 (3) The college board must control its spending as nearly as possible 7 within the limits of the approved budget. 8 Division 3--Application of finance Acts 9 board is statutory body 10 College 35.(1) The college board is a statutory body under-- 11 (a) the Financial Administration and Audit Act 1977; and 12 (b) the Statutory Bodies Financial Arrangements Act 1982. 13 (2) Part 4 (other than section 32) of the Statutory Bodies Financial 14 Arrangements Act 1982 applies to a college board. 15 PART 5--COLLEGE RULES 16 rules 17 College 36.(1) A college board may make college rules. 18 (2) A college rule may only be made about-- 19 (a) fees to be paid by students; and 20 (b) the disciplining of students; and 21 (c) the management and control of the college; and 22 (d) procedures for meetings of the college board; and 23 (e) the making and notifying of college rules. 24

 


 

s 37 19 s 38 Agricultural Colleges (3) However, the college board must not make a college rule about fees 1 to be paid by students without the Minister's previous approval. 2 (4) A rule under subsection (2)(b) may not impose a monetary penalty 3 on a student. 4 of college rules 5 Notification 37.(1) A college rule-- 6 (a) must be notified in the way required by college rule or, if there is 7 no appropriate college rule, decided by the college board; and 8 (b) takes effect on the day of its notification or, if a later day or time 9 is fixed in the rule, on the day or at the time fixed. 10 (2) On the day a college rule is notified under subsection (1)(a) or as 11 soon as practicable after that day, copies of the rule must be available to be 12 obtained (by purchase or otherwise) at the place, or at each of the places, 13 specified in the notice. 14 (3) Failure to comply with subsection (2) does not affect the validity of 15 the notification under subsection (1)(a). 16 PART 6--GENERAL 17 training 18 Driver 38.(1) In this section-- 19 "driver's licence" has the meaning given by the Traffic Act 1949. 20 "motor vehicle" has the meaning given by the Traffic Act 1949. 21 "road" has the meaning given by the Traffic Act 1949. 22 (2) Despite the Traffic Act 1949, a student who is required to drive a 23 motor vehicle on a road or in college grounds as part of the student's 24 training at the college is, while driving the motor vehicle, taken to hold a 25 driver's licence to drive the motor vehicle. 26

 


 

s 39 20 s 41 Agricultural Colleges happens to assets and liabilities on closure of college 1 What 39.(1) This section applies if-- 2 (a) a college closes; and 3 (b) the college board-- 4 (i) holds property (other than State land) when the college 5 closes; or 6 (ii) has liabilities. 7 (2) A regulation may divest property held by the college board from the 8 board and vest it in the Corporation under the Vocational Education, 9 Training and Employment Act 1991. 10 (3) If the college board held the property on trust, the property is held by 11 the Corporation subject to the terms of the trust.1 12 (4) Also, a regulation may transfer the college board's liabilities to the 13 Corporation. 14 making power 15 Regulation 40. The Governor in Council may make regulations under this Act. 16 PART 7--REPEAL AND TRANSITIONAL 17 18 Definitions 41. In this Part-- 19 "commencing day" means the day on which this Part commences. 20 "repealed Act" means the Rural Training Schools Act 1965. 21 1 Part 2, Division 5 of the Vocational Education, Training and Employment Act 1991 allows the Corporation to work out an alternative scheme for the use of trust property when the original purpose of the trust cannot be carried out because, for example, the purpose has ceased to exist.

 


 

s 42 21 s 47 Agricultural Colleges 1 Repeal 42. The Rural Training Schools Act 1965 is repealed. 2 training schools 3 Rural 43. A rural training school in existence immediately before the 4 commencing day is taken to be an agricultural college under this Act. 5 boards of trustees 6 Existing 44.(1) Each corporation in existence under the repealed Act immediately 7 before the commencing day is established as a college board under this Act. 8 (2) The name of each corporation is changed by omitting `Rural Training 9 School' and inserting `Agricultural College'. 10 (3) The establishment of a corporation as a college board, or its change of 11 name, under this Part does not affect the legal personality of the corporation. 12 13 Property 45. Property held by a board of trustees for a rural training school under 14 the repealed Act is taken to be held under this Act by the college board for 15 the agricultural college. 16 17 Rules 46. Rules in force under the repealed Act continue in force as college 18 rules under this Act for 1 year and may be amended or repealed under this 19 Act. 20 21 Staff 47. A person employed as a director or staff member of a rural training 22 school under the repealed Act immediately before the commencing day is 23 taken to be a director or staff member of the agricultural college on the 24 conditions of employment that applied to the person immediately before the 25 commencing day. 26

 


 

s 48 22 s 50 Agricultural Colleges to rural training schools etc. 1 References 48.(1) This section applies to references in Acts and documents in 2 existence on its commencement. 3 (2) A reference to a rural training school, or a particular rural training 4 school, under the Rural Training Schools Act 1965 is taken to be a 5 reference to an agricultural college, or the agricultural college concerned, 6 under this Act. 7 (3) A reference to the board of trustees of a rural training school, or a 8 particular board of trustees, under the Rural Training Schools Act 1965 is 9 taken to be a reference to a college board, or the particular college board 10 concerned, under this Act. 11 (4) A reference to the Rural Training Schools Act 1965 is taken to be a 12 reference to this Act. 13 regulations 14 Transitional 49.(1) A regulation may make provision with respect to any matter for 15 which-- 16 (a) it is necessary or convenient to assist the transition from the 17 operation of the repealed Act to the operation of this Act; and 18 (b) this Act does not make provision or sufficient provision. 19 (2) A regulation under subsection (1) may be given retrospective 20 operation to a date not earlier than the date of assent. 21 of Part 22 Expiry 50. This Part (other than section 48) expires 1 year after it commences. 23 24 © State of Queensland 1994

 


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