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Queensland
Agricultural College Bill 2005
Queensland
Agricultural College Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Ministerial declaration `Stepping forward: improving pathways
for all young people' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Australian Agricultural College Corporation
Division 1 Establishment and capacity of corporation
5 Establishment of Australian Agricultural College Corporation . . . 7
6 Corporation represents the State . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Legal capacity of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Corporation declared to be excluded matter . . . . . . . . . . . . . . . . 8
9 Corporation's seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2 Functions
10 Corporation's functions generally . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Additional functions in relation to agricultural college. . . . . . . . . . 9
Division 3 Financial matters
12 Corporation is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4 Directions and delegations
13 Minister's power to give directions . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Delegation by corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 5 Staff of corporation
15 Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Secondment as officer of corporation. . . . . . . . . . . . . . . . . . . . . . 12
17 Temporary and casual employees . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Preservation of rights if public service employee appointed. . . . . 13
19 Preservation of rights if person becomes public service
employee ..................................... 13
2
Agricultural College Bill 2005
20 Preservation of rights if public service employee seconded. . . . . 13
Part 3 Australian Agricultural College Corporation Advisory Board
Division 1 Establishment and functions
21 Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Board's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2 Board membership
23 Board membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Board chairperson and deputy chairperson . . . . . . . . . . . . . . . . . 14
25 Term of appointment to board . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Conditions of appointment to board . . . . . . . . . . . . . . . . . . . . . . . 15
27 Vacating office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 3 Board meetings
28 Conduct of board's business . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
29 Times and places of board meetings . . . . . . . . . . . . . . . . . . . . . . 16
30 Presiding at board meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
31 Voting at board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
32 Quorum for board meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
33 Meetings held using communication technology . . . . . . . . . . . . . 17
34 Board minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4 Other provisions
35 Establishing committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 4 Agricultural college, director and student advisory council
Division 1 Agricultural college
36 Agricultural college . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2 Director and other staff of agricultural college
37 Director and other staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
38 Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3 Student advisory councils
Subdivision 1 Agricultural college student advisory council
39 Student advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
40 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
41 Term of membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
42 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 2 Campus student advisory councils
43 Director may establish campus student advisory councils . . . . . . 21
44 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3
Agricultural College Bill 2005
Part 5 General
45 Driver training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
46 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
47 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 6 Repeal and transitional provisions
Division 1 Repeal
48 Repeal of Agricultural Colleges Act 1994. . . . . . . . . . . . . . . . . . . 23
Division 2 Transitional provisions for Agricultural College Act 2005
49 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
50 References to repealed Act or college board . . . . . . . . . . . . . . . . 23
51 Dissolution of college boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
52 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
53 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
54 Existing decisions of college boards . . . . . . . . . . . . . . . . . . . . . . 25
55 Dealing with disciplinary matters . . . . . . . . . . . . . . . . . . . . . . . . . 25
56 Administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
57 Continuation of appointment of staff. . . . . . . . . . . . . . . . . . . . . . . 26
58 Amalgamation of former agricultural colleges . . . . . . . . . . . . . . . 27
59 Registered providers under the Education (Overseas Students) Act
1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 7 Amendment of Acts
60 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Schedule 1 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Criminal Law (Rehabilitation of Offenders) Act 1986 . . . . . . . . . . 29
Education (Overseas Students) Act 1996 . . . . . . . . . . . . . . . . . . 29
Education (Work Experience) Act 1996 . . . . . . . . . . . . . . . . . . . . 30
Public Sector Ethics Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 30
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Attachment Ministerial Declaration `Stepping Forward: Improving
Pathways for all Young People' . . . . . . . . . . . . . . . . . . . . . . . . 33
2005
A Bill
for
An Act to establish the Australian Agricultural College
Corporation and provide for an agricultural college, and for
other purposes
s1 6 s4
Agricultural College Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Agricultural College Act 2005. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Dictionary 7
The dictionary in schedule 2 defines particular words used in 8
this Act. 9
4 Ministerial declaration `Stepping forward: improving 10
pathways for all young people' 11
(1) One of the objectives of this Act is to implement initiatives 12
that are consistent with the Ministerial declaration `Stepping 13
forward: improving pathways for all young people'. 14
(2) The Ministerial declaration is the declaration of commitment 15
to the young people of Australia by Ministers for Education, 16
Employment, Training, Youth Affairs and Community 17
Services endorsed in July 2002 by the Ministerial Council on 18
Education, Employment, Training and Youth Affairs. 19
(3) A copy of the declaration is set out in the attachment. 20
(4) The attachment is not part of this Act. 21
s5 7 s7
Agricultural College Bill 2005
Part 2 Australian Agricultural College 1
Corporation 2
Division 1 Establishment and capacity of 3
corporation 4
5 Establishment of Australian Agricultural College 5
Corporation 6
(1) A corporation sole constituted by the chief executive is 7
established under the name Australian Agricultural College 8
Corporation. 9
(2) The corporation as established under that name-- 10
(a) has perpetual succession and a seal; and 11
(b) may sue and be sued in its corporate name. 12
6 Corporation represents the State 13
(1) The corporation represents the State. 14
(2) Without limiting subsection (1), the corporation has all the 15
State's privileges and immunities. 16
7 Legal capacity of corporation 17
(1) The corporation has all the powers of an individual and may, 18
for example-- 19
(a) enter into contracts; and 20
(b) acquire, hold, dispose of, and deal with, property; and 21
(c) appoint agents and attorneys; and 22
(d) engage consultants; and 23
(e) fix charges, and other terms, for services it supplies; and 24
(f) do anything necessary or convenient to be done in the 25
performance of its functions under this or another Act. 26
(2) The corporation also has the powers conferred on it by this or 27
another Act. 28
s8 8 s 10
Agricultural College Bill 2005
(3) The corporation may exercise its powers inside and outside 1
Queensland. 2
(4) Without limiting subsection (3), the corporation may exercise 3
its powers outside Australia. 4
8 Corporation declared to be excluded matter 5
The corporation is declared to be an excluded matter for the 6
Corporations Act, section 5F, in relation to the whole of the 7
Corporations legislation.1 8
9 Corporation's seal 9
(1) The corporation's seal is to be kept in the custody of the chief 10
executive. 11
(2) The seal may be used only by-- 12
(a) the chief executive; or 13
(b) another person authorised, in writing, by the 14
corporation. 15
Division 2 Functions 16
10 Corporation's functions generally 17
The functions of the corporation are as follows-- 18
(a) to promote the creation of employment opportunities in 19
the State by facilitating the provision of agricultural and 20
rural vocational education and training relevant to 21
employment and encourage the generation of 22
employment opportunities; 23
(b) to establish a system for the effective and efficient 24
provision of high quality vocational education and 25
training to meet the immediate and future needs of the 26
agricultural and rural industries and the community; 27
1 Corporations Act, section 5F (Corporations legislation does not apply to matters
declared by State or Territory law to be an excluded matter)
s 11 9 s 11
Agricultural College Bill 2005
(c) to provide mechanisms for employees, employers, 1
associations of employees or employers and the 2
community to advise government on agricultural 3
training needs and priorities to meet those needs; 4
(d) to work in cooperation with other governmental bodies, 5
industry, commerce and community groups and other 6
persons on matters relating to the agricultural and rural 7
industries; 8
(e) to exploit commercially any facility or resource of the 9
corporation, including any study, research or 10
knowledge, developed by or belonging to the 11
corporation; 12
(f) to provide facilities or services for study, research and 13
training relevant to the agricultural, rural and related 14
industries, including by ensuring the availability of 15
appropriate resources and support for the agricultural 16
college; 17
(g) to comply with national and State quality standards and 18
audit requirements for registered training organisations; 19
(h) to support the continued development of high quality 20
training by and within the agricultural industry; 21
(i) to promote a community commitment towards 22
supporting young people in the compulsory 23
participation phase; 24
(j) to implement initiatives that are consistent with the 25
ministerial declaration `Stepping forward: improving 26
pathways for all young people' as mentioned in 27
section 4. 28
(k) to perform other functions given to the corporation 29
under this or another Act. 30
11 Additional functions in relation to agricultural college 31
The corporation's functions in relation to the agricultural 32
college are as follows-- 33
(a) to control, operate and maintain the agricultural college; 34
s 11 10 s 11
Agricultural College Bill 2005
(b) to establish and review the agricultural college's 1
strategic direction; 2
(c) to develop and implement strategic plans and business 3
plans for the agricultural college; 4
(d) to decide policy for achieving the agricultural college's 5
business purpose, and for other agricultural college 6
purposes; 7
(e) to develop and implement appropriate risk management 8
strategies for the agricultural college; 9
(f) to improve the participation of Aboriginal people and 10
Torres Strait Islanders (indigenous people) in training 11
by attracting indigenous people to, and supporting 12
indigenous people in, training resulting in a 13
qualification or statement of attainment in numbers that 14
reflect the composition of the community; 15
(g) to improve the participation of young people in training 16
by attracting young people to, and supporting young 17
people in, training resulting in a qualification or 18
statement of attainment; 19
(h) to ensure pastoral care is available for students of the 20
agricultural college; 21
(i) to develop and implement appropriate strategies to help 22
students make the transition from an educational 23
environment to the workplace; 24
(j) to maintain the industry links necessary for achieving 25
support from industry for the agricultural college's 26
activities; 27
(k) to encourage opportunities for growth in the agricultural 28
college's training market, including opportunities 29
relating to persons and places outside Australia; 30
(l) to monitor the performance of the director and the 31
agricultural college. 32
s 12 11 s 14
Agricultural College Bill 2005
Division 3 Financial matters 1
12 Corporation is statutory body 2
(1) The corporation is a statutory body under-- 3
(a) the Financial Administration and Audit Act 1977; and 4
(b) the Statutory Bodies Financial Arrangements Act 1982. 5
(2) The Statutory Bodies Financial Arrangements Act 1982, 6
part 2B, sets out the way in which the corporation's powers 7
under this Act are affected by the Statutory Bodies Financial 8
Arrangements Act 1982, including, for example, section 7(3) 9
and (4) of this Act. 10
Division 4 Directions and delegations 11
13 Minister's power to give directions 12
(1) The Minister may give the corporation a written direction 13
about a matter relevant to the performance of the corporation's 14
functions under this Act. 15
(2) The corporation must comply with the direction. 16
(3) If the Minister gives the corporation a direction under 17
subsection (1), the corporation's annual report under the 18
Financial Administration and Audit Act 1977 must include-- 19
(a) particulars of the direction; and 20
(b) particulars of the corporation's response to the direction. 21
14 Delegation by corporation 22
(1) The corporation may delegate its powers under this Act to-- 23
(a) an appropriately qualified officer or employee of the 24
corporation; or 25
(b) an appropriately qualified officer or employee of the 26
department. 27
(2) In this section-- 28
s 15 12 s 17
Agricultural College Bill 2005
appropriately qualified includes having the qualifications, 1
experience or standing appropriate to exercise the power. 2
3
Example of standing for an officer or employee of the department--
4
the officer or employee's classification level in the department
Division 5 Staff of corporation 5
15 Officers 6
(1) The corporation may employ the officers the corporation 7
considers necessary for staffing the corporation. 8
(2) The corporation may decide the officers' terms of 9
employment. 10
(3) However, subsection (2) has effect subject to any relevant 11
industrial instrument. 12
(4) Officers are appointed under this Act and not the Public 13
Service Act 1996. 14
16 Secondment as officer of corporation 15
(1) A public service employee may be seconded to the 16
corporation. 17
(2) While seconded under this section-- 18
(a) the person is taken to be an officer of the corporation; 19
and 20
(b) the Public Service Act 1996 does not apply to the 21
person. 22
17 Temporary and casual employees 23
(1) The corporation may employ the temporary and casual 24
employees the corporation considers necessary for this Act. 25
(2) The corporation may decide the employees' terms of 26
employment. 27
(3) However, subsection (2) has effect subject to any relevant 28
industrial instrument. 29
s 18 13 s 20
Agricultural College Bill 2005
(4) Employees of the corporation are employed under this Act 1
and not the Public Service Act 1996. 2
18 Preservation of rights if public service employee 3
appointed 4
A public service employee who is appointed as an officer or 5
employee of the corporation under this Act is entitled to retain 6
all existing and accruing rights as if service as an officer or 7
employee of the corporation were a continuation of service as 8
a public service employee. 9
19 Preservation of rights if person becomes public service 10
employee 11
On the appointment of a person who is an officer or employee 12
of the corporation as a public service employee, the person's 13
service as an officer or employee of the corporation under this 14
Act must be regarded as service as a public service employee. 15
20 Preservation of rights if public service employee 16
seconded 17
(1) A public service employee seconded under section 16-- 18
(a) is entitled to the person's existing and accruing rights as 19
if employment as an officer of the corporation were a 20
continuation of employment as a public service 21
employee; and 22
(b) may apply for positions, and be employed, in the public 23
service as if the person were a public service employee. 24
(2) On ending the secondment, the person's employment on 25
secondment as an officer of the corporation is taken to be 26
employment of the same nature in the public service for 27
working out the person's rights as a public service employee. 28
(3) If the secondment ended for a reason other than misconduct, 29
the person is entitled to be employed as a public service 30
employee. 31
s 21 14 s 24
Agricultural College Bill 2005
Part 3 Australian Agricultural College 1
Corporation Advisory Board 2
Division 1 Establishment and functions 3
21 Establishment of board 4
The Australian Agricultural College Corporation Advisory 5
Board is established. 6
22 Board's functions 7
The board has the function of providing advice to the 8
corporation about the following-- 9
(a) training of, and delivery of services to, students of the 10
agricultural college; 11
(b) the needs of communities serviced by the agricultural 12
college; 13
(c) the needs of the agricultural and rural industries. 14
Division 2 Board membership 15
23 Board membership 16
The board consists of the members appointed by written 17
notice by the Minister. 18
24 Board chairperson and deputy chairperson 19
(1) The Minister must appoint a member to be the chairperson of 20
the board and may appoint another person to be the deputy 21
chairperson of the board. 22
(2) The chairperson or deputy chairperson holds office as 23
chairperson or deputy chairperson-- 24
(a) for the term decided by the Minister; or 25
s 25 15 s 26
Agricultural College Bill 2005
(b) if the person's term of office as member ends before the 1
person's term of office as chairperson or deputy 2
chairperson ends--until the day the person's term of 3
office as member ends; or 4
(c) if the person's term of office as member and the person's 5
term of office as chairperson or deputy chairperson end 6
on the same day--until the day the person's offices end. 7
(3) A vacancy occurs in the office of chairperson or deputy 8
chairperson if the person holding office-- 9
(a) is removed from office by signed notice from the 10
Minister; or 11
(b) resigns from office by signed notice of resignation given 12
to the Minister. 13
(4) However, a person removed from, or resigning from, the 14
office of chairperson or deputy chairperson may continue to 15
be a member of the board. 16
25 Term of appointment to board 17
(1) A board member is appointed for the term stated in the 18
member's notice of appointment. 19
(2) A board member may resign by signed notice of resignation 20
given to the Minister. 21
26 Conditions of appointment to board 22
(1) A board member is not entitled to any remuneration, other 23
than the reimbursement of reasonable expenses and travel 24
allowance, unless remuneration is approved in writing by the 25
Minister. 26
(2) A board member holds office-- 27
(a) on the conditions stated in this Act; and 28
(b) on the other conditions decided by the Minister. 29
s 27 16 s 30
Agricultural College Bill 2005
27 Vacating office 1
The office of a board member becomes vacant if the 2
member-- 3
(a) resigns from office by signed notice of resignation given 4
to the Minister; or 5
(b) is absent without the board's permission from 6
3 consecutive board meetings of which proper notice 7
has been given and without reasonable excuse; or 8
(c) is removed from office by signed notice from the 9
Minister. 10
Division 3 Board meetings 11
28 Conduct of board's business 12
Subject to this Act, the board may conduct its business in the 13
way it considers appropriate. 14
29 Times and places of board meetings 15
(1) Board meetings are to be held at the times and places it 16
decides. 17
(2) However, the chairperson may call a board meeting at any 18
time. 19
(3) The Minister may also call a board meeting at any time. 20
(4) The board must meet at least twice a year. 21
30 Presiding at board meetings 22
(1) The chairperson is to preside at all board meetings at which 23
the chairperson is present. 24
(2) If the chairperson is absent, any deputy chairperson, if 25
present, is to preside. 26
(3) If the chairperson and any deputy chairperson are absent, the 27
member chosen by the members present is to preside. 28
s 31 17 s 34
Agricultural College Bill 2005
31 Voting at board meetings 1
(1) At board meetings, all questions are to be decided by a 2
majority of the votes of the members present. 3
(2) If a member abstains from voting, the member is taken to vote 4
for the negative. 5
(3) The chairperson or a member presiding at a meeting is to have 6
a vote and, if the votes are equal, a casting vote. 7
32 Quorum for board meeting 8
A quorum for a board meeting is the number equal to one half 9
of the number of its appointed members or, if one half is not a 10
whole number, the next highest whole number. 11
33 Meetings held using communication technology 12
(1) The board may hold meetings, or permit members to take part 13
in meetings, by using any technology that reasonably allows 14
members to hear and take part in discussions as they happen. 15
16
Example of use of technology--
17
teleconferencing
(2) A member who participates in a board meeting under 18
subsection (1) is taken to be present at the meeting. 19
(3) A resolution is validly made by the board, even if it is not 20
passed at a board meeting, if-- 21
(a) notice of the resolution is given to the board members 22
under procedures approved by the board; and 23
(b) the number of members required for a quorum agree in 24
writing to the resolution. 25
34 Board minutes 26
The board must keep a record of the minutes of its meetings 27
and its decisions. 28
s 35 18 s 36
Agricultural College Bill 2005
Division 4 Other provisions 1
35 Establishing committees 2
(1) The board may, with the written approval of the corporation, 3
establish a committee to help it perform its functions. 4
(2) When seeking the corporation's approval, the board must give 5
the corporation a statement of the proposed committee's terms 6
of reference and functions. 7
(3) Appointments to the committee are to be made by the board 8
by written notice. 9
(4) The board may appoint a person to the committee only if the 10
person has skills or experience appropriate to the committee's 11
terms of reference or functions. 12
(5) A committee member is not entitled to any remuneration, 13
other than the reimbursement of reasonable expenses and 14
travel allowance, unless remuneration is approved in writing 15
by the corporation. 16
(6) Subsection (1) does not apply to a committee of the board's 17
members. 18
Part 4 Agricultural college, director 19
and student advisory council 20
Division 1 Agricultural college 21
36 Agricultural college 22
(1) An agricultural college is established for the purposes of this 23
Act. 24
(2) The college has no legal existence apart from the corporation. 25
(3) The corporation may-- 26
s 37 19 s 38
Agricultural College Bill 2005
(a) give the college a name; and 1
(b) establish campuses of the agricultural college. 2
Division 2 Director and other staff of 3
agricultural college 4
37 Director and other staff 5
(1) The corporation may appoint a director for the agricultural 6
college. 7
(2) Subject to the corporation, the director is responsible for the 8
day to day management of the agricultural college. 9
(3) The corporation may employ the other officers and employees 10
(the other staff) the corporation considers necessary for the 11
the agricultural college. 12
(4) The corporation may decide the terms of employment for the 13
director and other staff. 14
(5) However, subsection (4) has effect subject to any relevant 15
industrial instrument. 16
(6) The director and other staff of the agricultural college are 17
appointed under this Act and not under the Public Service Act 18
1996. 19
38 Acting director 20
The corporation may appoint a person to act as director-- 21
(a) during any vacancy, or all vacancies, in the office; or 22
(b) during any period, or all periods, when the director is 23
absent from the State or, for another reason, cannot 24
perform the functions of the office. 25
s 39 20 s 40
Agricultural College Bill 2005
Division 3 Student advisory councils 1
Subdivision 1 Agricultural college student 2
advisory council 3
39 Student advisory council 4
(1) A student advisory council for the agricultural college is 5
established. 6
(2) The student advisory council consists of-- 7
(a) 1 student from each campus of the agricultural college; 8
and 9
(b) 2 members of the staff of the agricultural college. 10
(3) For subsection (2)(a), the students of each campus are to elect 11
a person who is a student of the campus as a member of the 12
student advisory council. 13
(4) For subsection (2)(b), the agricultural college staff are to elect 14
persons from the staff of the agricultural college as members 15
of the student advisory council. 16
(5) An election under subsection (3) or (4) is to be held as and 17
when required by the corporation. 18
40 Functions 19
(1) The student advisory council has the following functions-- 20
(a) to advise the corporation or the director on matters the 21
corporation or director refers to the advisory council; 22
(b) to advise the corporation or the director on matters 23
about the agricultural college or students the advisory 24
council considers should be referred to the corporation 25
or director; 26
(c) any other functions conferred on it by this Act. 27
(2) The student advisory council is not the employee, agent or 28
representative of the corporation. 29
s 41 21 s 44
Agricultural College Bill 2005
41 Term of membership 1
(1) A member of the student advisory council for a particular year 2
holds office until the end of that calendar year and may resign 3
the office by written notice given to the director. 4
(2) However, a student advisory council member who is elected 5
as a student or a staff member stops being a member of the 6
advisory council if the member stops being a student or staff 7
member. 8
42 Conduct of meetings 9
(1) The advisory council must choose a student member to be the 10
chairperson of the advisory council. 11
(2) The advisory council may otherwise regulate its proceedings 12
as it considers appropriate. 13
Subdivision 2 Campus student advisory councils 14
43 Director may establish campus student advisory councils 15
The director may establish a student advisory council for a 16
campus of the agricultural college. 17
44 Functions 18
(1) A student advisory council for a campus of the agricultural 19
college has the following functions-- 20
(a) to advise the director on matters the director refers to the 21
advisory council; 22
(b) to advise the director on matters about the campus or 23
students the advisory council considers should be 24
referred to the director. 25
(2) The student advisory council is not the employee, agent or 26
representative of the corporation. 27
s 45 22 s 47
Agricultural College Bill 2005
Part 5 General 1
45 Driver training 2
(1) Despite the Transport Operations (Road Use Management) 3
Act 1995, a student who is required to drive a specially 4
constructed vehicle in the grounds of the agricultural college 5
as part of the student's training at the agricultural college is, 6
while driving the specially constructed vehicle, taken to hold 7
a learner licence to drive the specially constructed vehicle. 8
(2) Subsection (1) does not apply if the student-- 9
(a) has a driver licence that, at the time of driving the 10
specially constructed vehicle, is suspended or cancelled; 11
or 12
(b) is, at the time of driving the specially constructed 13
vehicle, disqualified by order of an Australian court 14
from holding or obtaining a driver licence. 15
(3) In this section-- 16
driver licence has the meaning given by the Transport 17
Operations (Road Use Management) Act 1995, schedule 4. 18
learner licence has the meaning given by the Transport 19
Operations (Road Use Management) Act 1995, schedule 4. 20
specially constructed vehicle has the meaning given by the 21
Transport Operations (Road Use Management--Driver 22
Licensing) Regulation 1999, schedule 6. 23
student means a student of the agricultural college who is at 24
least 16 years and 6 months. 25
46 Delegation by Minister 26
The Minister may delegate the Minister's powers under this 27
Act to the corporation. 28
47 Regulation-making power 29
(1) The Governor in Council may make regulations under this 30
Act. 31
s 48 23 s 50
Agricultural College Bill 2005
(2) A regulation may be made about the following-- 1
(a) fees, including the refunding of fees, for this Act; 2
(b) imposing a penalty of not more than 20 penalty units for 3
a contravention of a provision of a regulation. 4
Part 6 Repeal and transitional 5
provisions 6
Division 1 Repeal 7
48 Repeal of Agricultural Colleges Act 1994 8
The Agricultural Colleges Act 1994 No. 58 is repealed. 9
Division 2 Transitional provisions for 10
Agricultural College Act 2005 11
49 Definitions for div 2 12
former agricultural college means an agricultural college 13
under the repealed Act. 14
college board means a college board under the repealed Act. 15
commencement means the day this division commences. 16
50 References to repealed Act or college board 17
(1) In an Act or document, a reference to the repealed Act may, if 18
the context permits, be taken as a reference to this Act. 19
(2) A reference in an Act or document to a former agricultural 20
college or a college board may, if the context permits, be taken 21
to be a reference to the corporation. 22
s 51 24 s 52
Agricultural College Bill 2005
51 Dissolution of college boards 1
(1) On the commencement-- 2
(a) each of the college boards is dissolved; and 3
(b) the members of each of the boards go out of office. 4
(2) No compensation is payable to a member of a college board 5
because of subsection (1). 6
52 Assets and liabilities 7
(1) On the commencement-- 8
(a) the assets and liabilities of the college boards become 9
assets and liabilities of the corporation; and 10
(b) any contracts, agreements, arrangements and deeds 11
entered into by or on behalf of a college board, in force 12
immediately before the commencement, are taken to 13
have been entered into by the corporation and may be 14
enforced against or by the corporation; and 15
(c) all guarantees, mandates, instructions, notices, 16
directions, undertakings and securities given by or on 17
behalf of, or to, a college board, in force immediately 18
before the commencement, are taken to have been given 19
by or to the corporation and may be enforced against or 20
by the corporation; and 21
(d) any property that, immediately before the 22
commencement, was held on trust, or subject to a 23
condition, by a college board continues to be held on the 24
same trust, or subject to the same condition, by the 25
corporation; and 26
(e) any lease granted by, or to, a college board, in force 27
immediately before the commencement, is taken to have 28
been granted by, or to, the corporation. 29
(2) The registrar of titles or other person responsible for keeping a 30
register for dealings in property must, if asked by the 31
corporation, record the vesting of the property under this 32
section in the corporation. 33
s 53 25 s 56
Agricultural College Bill 2005
53 Proceedings 1
A proceeding that could have been started or continued by or 2
against a college board before the commencement may be 3
started or continued by or against the corporation. 4
54 Existing decisions of college boards 5
(1) This section applies to a decision of a college board before the 6
commencement, if the decision had not had full effect at the 7
commencement. 8
(2) The decision continues in force, subject to this Act, and is 9
taken to be a decision of the corporation. 10
(3) Without limiting subsection (2), if the decision is one in 11
relation to which a person had a right to appeal against the 12
decision that had not ended immediately before the 13
commencement, the person may appeal against the decision 14
as if it were a decision of the corporation. 15
55 Dealing with disciplinary matters 16
(1) A matter that under a disciplinary rule had started to be, or 17
could have been, dealt with by a former agricultural college 18
before the commencement may be continued to be dealt with, 19
or started, by the director. 20
(2) In this section-- 21
disciplinary rule means a college rule about the disciplining 22
of students made by a former agricultural college and in force 23
immediately before the commencement. 24
56 Administrator 25
(1) This section applies if, immediately before the 26
commencement, a person held office as an administrator for a 27
former agricultural college. 28
(2) On the commencement-- 29
(a) the administrator stops holding office; and 30
(b) any decision made by the administrator before the 31
commencement that has not had full effect continues in 32
s 57 26 s 57
Agricultural College Bill 2005
force, subject to this Act, and is taken to be a decision of 1
the corporation. 2
(3) No compensation is payable to an administrator because of 3
subsection (2)(a). 4
57 Continuation of appointment of staff 5
(1) This section applies to a person who, immediately before the 6
commencement-- 7
(a) held the position of director of a former agricultural 8
college; or 9
(b) was member of a former agricultural college's staff. 10
(2) On the commencement, the person is taken to be an officer of 11
the corporation. 12
(3) Until otherwise decided under section 15(2), the person is 13
taken to be employed by the corporation on the same 14
conditions on which the person was employed by the former 15
agricultural college. 16
(4) Also-- 17
(a) the person keeps all rights accrued or accruing to the 18
person as an employee of the former agricultural 19
college; and 20
(b) the person's entitlements to receive long service, 21
recreation and sick leave and any similar entitlements 22
accrued or accruing to the person as an employee of the 23
former agricultural college are unaffected; and 24
(c) if the person is a member of a superannuation scheme-- 25
(i) the person keeps all entitlements accrued or 26
accruing to the person as a member of the scheme; 27
and 28
(ii) the person's membership of the scheme is not 29
affected. 30
(5) Without limiting subsection (3), if an industrial instrument 31
applies to the person immediately before the repeal, the 32
instrument continues to apply to the person. 33
s 58 27 s 59
Agricultural College Bill 2005
(6) Subsection (5) has effect subject to the Industrial Relations 1
Act 1999. 2
58 Amalgamation of former agricultural colleges 3
On the commencement-- 4
(a) the former agricultural colleges are amalgamated and 5
taken to be the agricultural college under section 36(1); 6
and 7
(b) each former agricultural college is taken to be a campus 8
of the agricultural college as if it had been established 9
by the corporation as a campus under section 36(3)(b). 10
59 Registered providers under the Education (Overseas 11
Students) Act 1996 12
(1) This section applies if, immediately before the 13
commencement, the chairperson of a board of a former 14
agricultural college was a registered provider under the 15
Education (Overseas Students) Act 1996. 16
(2) On the commencement, the director is taken to be the 17
registered provider for that Act. 18
(3) As soon as practicable after the commencement-- 19
(a) the director must return any registration certificate given 20
to the former agriculture college; and 21
(b) the chief executive of the department in which the 22
Education (Overseas Students) Act 1996 is administered 23
must-- 24
(i) return to the director the certificate suitably 25
amended; or 26
(ii) give the director a suitable new registration 27
certificate. 28
(4) Without limiting the conditions that may be included in an 29
amended or new certificate of registration under 30
subsection (3)(b)(i) or (ii), the certificate must include a 31
condition stating the campuses of the agricultural college 32
where registered courses under the Education (Overseas 33
Students) Act 1996 may be delivered. 34
s 60 28 s 60
Agricultural College Bill 2005
Part 7 Amendment of Acts 1
60 Acts amended in sch 1 2
Schedule 1 amends the Acts mentioned in it. 3
29
Agricultural College Bill 2005
Schedule 1 Consequential amendments 1
section 60 2
Criminal Law (Rehabilitation of Offenders) Act 1986 3
1 Section 9A, table, item 8, column 1, `an agricultural 4
college under the Agricultural Colleges Act 1994'-- 5
omit, insert-- 6
`the agricultural college under the Agricultural College Act 7
2005'. 8
Education (Overseas Students) Act 1996 9
1 Section 5(1)(a)(iii)-- 10
omit, insert-- 11
`(iii) the director of the agricultural college; and'. 12
2 Section 19(2), `the chairpersons of the boards of 13
agricultural colleges'-- 14
omit, insert-- 15
`the director of the agricultural college'. 16
3 Section 19(2), `or colleges'-- 17
omit, insert-- 18
`or college'. 19
4 Schedule, definitions agricultural college and 20
chairperson of the board of an agricultural college-- 21
omit, insert-- 22
30
Agricultural College Bill 2005
Schedule 1 (continued)
`agricultural college means the agricultural college under the 1
Agricultural College Act 2005. 2
director, of the agricultural college, means the person 3
appointed under the Agricultural College Act 2005, 4
section 37, as the director of the agricultural college.'. 5
Education (Work Experience) Act 1996 6
1 Section 5(1)(f), `an agricultural college under the 7
Agricultural Colleges Act 1994'-- 8
omit, insert-- 9
`the agricultural college under the Agricultural College Act 10
2005'. 11
Public Sector Ethics Act 1994 12
1 Schedule, definition agricultural college-- 13
omit, insert-- 14
`agricultural college means the agricultural college under the 15
Agricultural College Act 2005.'. 16
Whistleblowers Protection Act 1994 17
1 Schedule 6, definition agricultural college-- 18
omit, insert-- 19
`agricultural college means the agricultural college under the 20
Agricultural College Bill 2005.'. 21
31
Agricultural College Bill 2005
Schedule 2 Dictionary 1
section 3 2
agricultural college means the agricultural college 3
established under section 36(1). 4
board means the Australian Agricultural College Corporation 5
Advisory Board established under section 21. 6
campus, of the agricultural college, means a campus 7
established under section 36(3)(b). 8
compulsory participation phase see the Youth Participation in 9
Education and Training Act 2003, section 11. 10
director means the director of the agricultural college 11
appointed under section 37. 12
industrial instrument has the meaning given by the Industrial 13
Relations Act 1999. 14
pastoral care includes-- 15
(a) care and support provided for students in a safe living 16
and working environment; and 17
(b) care and support provided-- 18
(i) with the help of people in the agricultural college 19
or community who have appropriate life 20
experience or skills, or the ability, to work with 21
young people who may be experiencing personal 22
or educational difficulties; and 23
(ii) to help students develop interpersonal and living 24
skills. 25
qualification see the Vocational Education, Training and 26
Employment Act 2000, section 19. 27
registered training organisation means a registered training 28
organisation under the Vocational Education, Training and 29
Employment Act 2000. 30
repealed Act means the Agricultural Colleges Act 1994. 31
32
Agricultural College Bill 2005
Schedule 2 (continued)
statement of attainment see the Vocational Education, 1
Training and Employment Act 2000, section 19. 2
student, of the agricultural college, means a student enrolled 3
in the agricultural college. 4
33
Agricultural College Bill 2005
Attachment Ministerial Declaration 1
`Stepping Forward: Improving 2
Pathways for all Young People' 3
section 4 4
A COMMITMENT TO THE YOUNG PEOPLE OF 5
AUSTRALIA BY MINISTERS FOR EDUCATION, 6
EMPLOYMENT, TRAINING, YOUTH AFFAIRS AND 7
COMMUNITY SERVICES 8
Young people make a significant contribution to Australia today and will 9
shape what it will be tomorrow. The vitality, ideas, creativity and visions of 10
all young people must be embraced. 11
The majority of young people are doing well, moving successfully through 12
the different stages of their lives and responding to the challenges of the 13
future. We can be confident that they will achieve success, find fulfilment 14
in their adult lives and make a positive contribution to this country. 15
Some young people find their journeys more difficult and challenging. 16
They may face problems in acquiring the knowledge, skills and 17
selfconfidence that form the foundations of their adult lives. We recognise 18
the emotional, physical, cultural and learning barriers faced by these young 19
people and the social, economic and locational factors that may negatively 20
impact on their lives. There are opportunities for governments to address 21
these barriers so that young people can achieve their best. 22
As Ministers entrusted with the collective wellbeing and interests of young 23
people, we must foster an environment in which young people are nurtured 24
and challenged--a society where all young people can realise their full 25
potential. We must work together to support young Australians to achieve 26
success as individuals and as members of society. We need to act 27
collectively and we need to act now. 28
34
Agricultural College Bill 2005
Attachment (continued)
VISION 1
Our vision is of an Australia where: 2
· young people benefit and flourish through sustaining networks of 3
family, friends and community, and through their engagement in 4
education, training, employment, recreation and society 5
· young people's opinions and contributions are sought and valued, 6
and they are encouraged and supported to take an active role in 7
their communities and the nation 8
· young people's lives are enriched by positive learning 9
experiences and opportunities that assist them to reach their full 10
potential 11
· we recognise and celebrate young people's achievements. 12
CHALLENGE 13
Our challenge is to: 14
· listen and respond to young people 15
· work creatively in partnership with young people to build 16
comprehensive networks that draw together jurisdictions, 17
government departments, families and communities so that 18
united we can address the complex issues confronting young 19
people 20
· recognise and address structural barriers faced by young people 21
· ensure that our governmental systems recognise the diversity of 22
young people through being inclusive, flexible and adaptive 23
· create effective opportunities for young people that are 24
accessible, integrated and meaningful 25
· encourage young people to take increasing responsibility for 26
their own lives, support their peers and contribute to their 27
community 28
35
Agricultural College Bill 2005
Attachment (continued)
· ensure that young people have the information, skills and support 1
needed to negotiate the transition to adult life and to make 2
informed life decisions. 3
OUR DECLARATION 4
With this declaration, we commit to developing practical ways to increase 5
the social, educational and employment outcomes of Australia's young 6
people including those who are at risk, disconnected or in vulnerable 7
circumstances. We agree to establish a common direction to make a real 8
and lasting difference to the lives of young people. We are united by a 9
shared commitment and a joint responsibility. We unanimously agree to 10
work in partnership towards implementing a shared vision for all young 11
people. 12
Australia's Ministers for Education, Employment, Training, Youth Affairs 13
and Community Services 14
36
Agricultural College Bill 2005
Attachment (continued)
© State of Queensland 2005
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