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1
Agricultural Colleges
AGRICULTURAL COLLEGES BILL
EXPLANATORY NOTES
PART 1--PRELIMINARY
Clause 1. Short Title. The short title of the Act is the Agricultural
Colleges Act 1994.
Clause 2. Commencement. The Act will commence on a day to be
fixed by proclamation.
Clause 3. Definitions. This Clause provides the definitions necessary
under the Act.
"accredited" means accredited under the Vocational Education, Training
and Employment Act 1991;
"agricultural college" means a college declared under section 4.(1)
(Declaration of agricultural colleges), to be an agricultural college;
"appointed member" means a person appointed under section 14 as a
member of a college board;
"college" means an agricultural college;
"college board" has the meaning given under section 6 (Board of trustees);
"college hostel" means premises kept by a college board for use as student
accommodation;
"member" means a member of a college board;
"official member" means a person who is an official member of a college
board under section 13.
"State college" has the meaning given by the Vocational Education,
Training and Employment Act 1991;
"State land" means land
(a) granted in trust, or reversed and set apart for purpose, under the
Land Act 1962; and
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(b) vested in or placed under the control of a college board;
"student" of a college means a student enrolled in the college.
Declaration of Agricultural Colleges
Clause 4.(1) This clause applies to a State college that offers now, or in
the future, courses about agriculture, pasturage or animal husbandry.
Clause 4.(2) The Minister has the power to declare a State college to be
an agricultural college.
Application of Vocational Education, Training and Employment Act
1991
Clause 5. Sections of the Vocational Education Training and
Employment Act which do not apply to an agricultural college are:
· section 38 (Powers incidental to maintaining State colleges)
· section 42 (Approved scheme)
· section 43 (Variation of trust purposes)
· section 44 (Amendment of approved scheme)
· section 45 (Requirement for schemes)
· section 46 (Recording schemes in land register)
· section 47 (Rights and jurisdiction in equity not affected)
· section 48 (Disposal of moneys)
· section 52 (Establishment and constitutions of councils)
· section 53 (Functions of State college councils)
· section 54 (Appointment of members to the college council)
· section 55 (Removal of members from the college council)
· section 56 (Chairperson and deputy chairperson of college
council)
· section 57 (Vacancy in membership on the college council)
· section 58 (Filling casual vacancies on college council)
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Agricultural Colleges
PART 2--AGRICULTURAL COLLEGE BOARDS
Division 1--College board establishment and general powers and
functions
Board of Trustees
Clause 6.(1) This clause stipulates that there is to be a board of trustees
for each college.
Clause 6.(2) This clause specifies that a college board is a corporation
with perpetual succession, has a common seal and may sue or be sued in its
corporate name.
Clause 6.(3) This clause specifies the corporation's name as the (name
of locality) Agricultural College Board.
Clause 6.(4) The Minister has the power to nominate the name of the
locality.
Functions of college board
Clause 7.(1) The college board is the college's governing body.
Clause 7.(2) This Act or another Act may confer functions on the
college board.
Clause 7.(3) The college board's functions include:
(a) ensuring that the college provides educational programs of an
appropriate standard which relate to the operations of the rural
industry; and
(b) ensuring that the college provides accredited courses of study
which are at levels of achievement approved by the Minister; and
(c) helping the director assess the overall staff and student
performance; and
(d) helping in college operations through board representation--
(i) on college committees; and
(ii) in proceedings to decide appeals by students against
assessment, exclusion or discipline; and
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(e) communicating information to the community about the college;
and
(f) in consultation with any industry training advisory body for rural
industry for the area served by the college, encouraging the
establishment of local industry advisory committees; and
(g) monitoring rural industry training needs for the area served by the
college.
Powers of college board
Clause 8.(1) This clause stipulates that a college board has all the powers
of an individual and may--
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) fix charges, and other terms, for services and facilities it supplies;
and
(f) do anything else necessary or convenient to be done for, or in
connection with, its functions.
Clause 8.(2) This clause specifies that a college board has the powers
given to it under this or another Act including the power--
(a) to appoint college staff, including the secretary of the college
board; and
(b) to manage and control the college's affairs and property; and
(c) to manage and control the college's finances; and
(d) to decide the college's strategic direction and profile; and
(e) to develop appropriate curricula for the college in consultation
with industry, business and the community; and
(f) to decide on the physical and resource needs for courses and
activities at the college; and
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(g) to identify continuing and emerging rural training needs in rural
communities; and
(h) to review and develop the provision of student services; and
(i) to provide hostel accommodation for its college students; and
(j) to make other provision for the college of a kind the chief
executive of the department may make for a State college under
section 38 of the Vocational Education, Training and
Employment Act 1991.
Clause 8.(3) Without the Minister's approval, a college board must
not--
(a) alter a college building other than in a minor way; or
(b) extend a college building; or
(c) build or buy a building for college use; or
(d) sell college land or buildings.
Clause 8.(4) A college board's power extends both within and outside
Queensland.
Clause 8.(5) A college board's power may also be exercised outside
Australia.
Way college board must act
Clause 9. This clause stipulates that a college board must act in a way
that promotes the interests of the college.
College board is subject to direction
Clause 10. A college board must comply with a written direction given
by the Minister in relation to policy and the exercise of its functions and
powers.
Delegation
Clause 11. This clause allows the college board to delegate its powers to
the college director for certain matters, but it does not delegate this power
for making college rules nor adopting the college's annual budget.
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Agricultural Colleges
Division 2--College Board composition and members
Membership of college board
Clause 12. This clause states that a college board is made up of official
members and appointed members.
Official members
Clause 13.(1) This clause stipulates that there are 3 official members.
Clause 13.(2) These official members are the college's director, a
nominee of the chief executive of the department and the president of the
student body which is regarded by the college director as representing the
interests of the college's students.
Clause 13.(3) The chief executive's nominee must be at a level at least
equivalent to a director of a State college.
Appointed members
Clause 14.(1) This clause stipulates that there are to be 9 appointed
members.
Clause 14.(2) These members are to be appointed by the Governor in
Council.
Clause 14.(3) This clause stipulates that the appointed members are to
be:
(a) 3 residents of the area served by the college; and
(b) 1 nominee of--
(i) the local government for the local government area in which
the college is situated; or
(ii) if the local government is a city or town and there is an
adjoining shire--the adjoining shire; and
(c) 1 staff member of the college nominated by the college's staff;
and
(d) 1 nominee of the Primary Industries Corporation; and
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(e) 3 nominees of the Minister.
Clause 14.(4) The members in 3(a) must be nominees of an entity
representing persons engaged in the rural industry in the area served by the
college.
Clause 14.(5) The members detailed in subsection 3(a) or 3(e) must
have experience in a rural industry carried on in the area served by the
college.
Term of appointment
Clause 15. This clause specifies that the term of appointment for college
board member is four years.
Failure to nominate
Clause 16.(1) This standard clause permits the Minister to nominate a
person or persons in the event of an entity failing to nominate a person or
persons in a set period of time.
Clause 16.(2) Such an appointment is to be taken as an entity's
nomination.
Clause 16.(3) This clause relates to normal periodic appointments as
well as casual vacancies.
Person may act as an appointed member
Clause 17. This clause allows the Governor in Council to appoint a
person to act as an appointed member for one who is absent or for one who
can not perform the functions of the office.
Vacation of office
Clause 18.(1) If an appointed board member
(a) dies; or
(b) ceases to be eligible to become a member of the type concerned;
or
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(c) is absent without the college board's leave and without reasonable
excuse from 3 consecutive meetings of the board; or
(d) resigns from office by a signed notice of resignation given to the
Minister;
then such office becomes vacant.
Clause 18.(2) This clause states that a resignation takes effect on the day
the Minister receives the resignation or at a later date if such date is specified
in the notice of resignation.
Division 3--Chairperson and deputy chairperson
Chairperson
Clause 19.(1) The Governor in Council is to appoint the chairperson
from the members of the board.
Clause 19.(2) This clause stipulates that the chairperson must have
experience in a rural industry that is part of the college's curricula.
Clause 19.(3) This clause stipulates that the chairperson is the executive
member of the college board.
Deputy chairperson
Clause 20.(1) This clause states that the college board members are to
elect one of their members as the deputy chairperson whenever there is a
vacancy in the office.
Clause 20.(2) The deputy chairperson is to act as the chairperson when
there is a vacancy in the office as well as in the absence of the chairperson
or for any other reason when the chairperson can not perform the functions
of the office.
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Agricultural Colleges
Division 4--Meetings of college board
Who is to preside at meetings of college board
Clause 21.(1) This clause contends that the chairperson is to preside at
college board meetings.
Clause 21.(2) If the chairperson is absent from a meeting of the college
board, the deputy chairperson is to preside at the meeting.
Clause 21.(3) In the event of both the chairperson and deputy
chairperson being absent from the college board meeting, or if the offices
are vacant, the present members must elect a member to preside at the
meeting.
Quorum
Clause 22. A quorum exists if more than half the members are present.
Conduct of meeting
Clause 23. This clause allows college boards to regulate the proceedings
of meetings as it sees fit.
Division 5--Other provisions about college board members
Entitlements of college board members
Clause 24.(1) This clause provides for fees and allowances for board
members except for the college director and college staff member.
Clause 24.(2) This clause allows for reimbursement of out-of-pocket
expenses incurred by members in performing the functions of office or
other expenses approved by the college board.
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Training for college board members
Clause 25. This clause provides that the chief executive of the
department must ensure that board members receive appropriate training
about the exercise of their functions as members of a corporation.
PART 3--THE DIRECTOR
Director
Clause 26.(1) This clause states that there must be a director of each
college.
Clause 26.(2) This clause affirms that the college board appoints the
director.
Clause 26.(3) This clause stipulates that the college director is the chief
executive officer of the college.
Clause 26.(4) The director is responsible for the day-to-day
management of the college subject to the direction of the college board.
Acting Director
Clause 27. Provision is made in this clause for the college board to
appoint an acting director in the case of a vacancy in the office, or when the
director is absent from the State or when the director can not perform the
functions of the office.
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Agricultural Colleges
PART 4--PROPERTY AND FINANCE
Division 1--Dealing with State land by college board
Application of Land Act 1962
Clause 28.(1) This clause applies the Land Act 1962 in the case of
holding or disposing of State land.
Clause 28.(2) A college board may grant an interest in State land but
only by lease.
Clause 28.(3) This clause provides that the lease must--
(a) be for a term of not more than 20 years; and
(b) not contain a covenant, agreement or option for the renewal of the
lease or the purchase of the land; and
(c) be for the highest annual rent that can reasonably be obtained
without taking a fine, premium or other consideration for the
grant of the lease and having regard to the purpose for which the
land is to be used.
Division 2--Finance
Funds
Clause 29.(1) This clause enables the college board to establish and
administer a trust fund, a loan fund, a general fund and a fund prescribed by
regulation.
Clause 29.(2) A regulation may specify the purpose for which amounts
held in a particular kind of fund may be used.
Trust fund
Clause 30.(1) This clause contends that amounts paid to the board for
use by a particular person or purpose are to be paid into the trust fund.
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Agricultural Colleges
Clause 30.(2) The amount of money paid into a board's trust fund can
only be used for the purpose for which it was paid to the board.
Clause 30.(3) This clause provides that tuition fees are not to be paid
into the trust fund.
Loan fund
Clause 31.(1) This clause provides that amounts paid to the board by
way of loan or subsidy must be paid into the loan fund.
Clause 31.(2) Amounts held in a loan fund can only be used by the
board to give effect to the purpose of the loan or subsidy.
General Fund
Clause 32.(1) This clause provides that amounts paid to the college from
the Consolidated Fund must be paid into the college's general fund.
Clause 32.(2) Other amounts, such as tuition fees, other charges,
revenue from sale of produce or stock, are to be paid into the general fund
by the college board.
Clause 32.(3) The general fund is to be used for paying the college's
general operating costs.
Other Funds
Clause 33. If another kind of fund, prescribed by regulation, is
established, the college board must pay into it, funds paid to the board for
that purpose and only use amounts for the fund's purpose.
Financial review
Clause 34.(1) This clause provides for the college board to adopt a
budget for the next financial year for the college.
Clause 34.(2) In framing its budget, the college board must comply with
the provisions of any resource agreement entered into between the college
board and the chief executive of the department.
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Agricultural Colleges
Clause 34.(3) This clause provides that the college board must control
its spending as nearly as possible within the limits of the approved budget.
Division 3--Application of finance Acts
College board is statutory body
Clause 35.(1) This clause affirms that a college board is a statutory body
under the Financial Administration and Audit Act 1977 and the Statutory
Bodies Financial Arrangements Act 1982 .
Clause 35.(2) Part 4 (other than section 32) of the Statutory Bodies
Financial Arrangements Act 1982 applies to a college board.
PART 5--COLLEGE RULES
College rules
Clause 36.(1) This clause makes provision for college boards to make
college rules.
Clause 36.(2) This clause stipulates that the college board can make
rules only about--
(a) fees to be paid by students; and
(b) the disciplining of students; and
(c) the management and control of the college; and
(d) procedures for meetings of the college board; and
(e) the making and notifying of college rules.
Clause 36.(3) A college board can not make rules about student fees
without the Minister's prior approval.
Clause 36.(4) This clause provides that a rule relating to student
discipline can not impose a monetary penalty on the student.
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Notification of college rules
Clause 37.(1) This clause provides that notification of a college rule
must be either set out in the college rule, or if no such rule exists, then
decided by the college board and must take effect on the day of notification
or at some other time fixed in the rule.
Cluse 37.(2) This clause provides that copies of the rule must be
available for purchase or otherwise at a place or places specified in the
notice on the day of notification or as soon as possible thereafter.
Clause 37.(3) Failure to comply with the above 37.(2) does not affect
the validity of the notification.
PART 6--GENERAL
Driver training
Clause 38.(1) This clause defines the terms "driver's licence", "motor
vehicle" and "road" as having the meaning given to them under the Traffic
Act 1949.
Clause 38.(2) This clause provides that, despite the Traffic Act 1949, a
student is taken to hold a driver's licence to drive a motor vehicle on a road
or in the college's grounds, if the student is required to drive a motor
vehicle as part of the student's training at the college.
What happens to assets and liabilities on closure of college
Clause 39.(1) This section applies when a college closes and the college
board holds property, other than State land, and has outstanding liabilities.
Clause 39.(2) This clause provides that a regulation may divest property
held by the college board from the board and vest it in the Corporation
under the Vocational Education, Training and Employment Act 1991.
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Clause 39.(3) This clause contends that any property held in trust by the
college board, is in fact held by the corporation subject to the terms of the
trust.
Clause 39.(4) It is stipulated here that a regulation may permit the
transfer of the college's outstanding liabilities to the Corporation.
Regulation making power
Clause 40. This clause makes provision for the Governor in Council to
make regulations under this Act.
PART 7--REPEAL AND TRANSITIONAL
Definitions
Clause 41. This clause provides that for this Part, "commencing day"
means the day on which this Part commences, while "repealed Act" refers
to the Rural Training Schools Act 1965.
Repeal
Clause 42. This clause provides that the Rural Training Schools Act
1965 is repealed.
Rural training schools
Clause 43. This clause states that a rural training school in existence
immediately before the commencing day is taken to be an agricultural
college under this Act.
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Agricultural Colleges
Existing boards of trustees
Clause 44.(1) This clause provides that each corporation in existence
under the repealed Act immediately before the commencing day, is
established as a college board under this Act.
Clause 44.(2) This clause changes the name of each corporation by
omitting "Rural Training School" and inserting "Agricultural College".
Clause 44.(3) This clause provides that the establishment of a
corporation as a college board, or its change of name, under this Part does
not affect the legal personality of the corporation.
Property
Clause 45. This clause provides that property held by a board of trustees
for a rural training school under the repealed Act is taken to be held under
this Act by the college board for the agricultural college concerned.
Rules
Clause 46. This clause provides that rules in force under the repealed
Act continue in force as college rules under this Act for 1 year and may be
amended or repealed under this Act.
Staff
Clause 47. This clause maintains that a person employed as a director or
staff member of a rural training school under the repealed Act immediately
before the commencing day, is taken to be a director or staff member of the
agricultural college concerned on the conditions of employment that applied
to the person immediately before the commencing day.
References to rural training schools etc
Clause 48.(1) This section refers to references in Acts and documents
that were in existence on the commencement of this Act.
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Agricultural Colleges
Clause 48.(2) This clause provides that a reference in an Act or
document to a rural training school or a particular rural training school,
under the repealed Act is taken to be a reference to an agricultural college, or
the agricultural college concerned, under this Act.
Clause 48.(3) This clause provides that a reference in an Act or
document to the board of trustees of a rural training school, or a particular
board of trustees, under the repealed Act is taken to be a reference to a
college board, or the particular college board concerned, under this Act.
Clause 48.(4) References to the Rural Training Schools Act 1965 will
be taken to be a reference to the Agricultural Colleges Act 1994.
Transitional regulations
Clause 49.(1) This section states that a regulation may make provision
for any matter aiding in the transition from operations of the repealed Act
to the operation of this Act whereby this Act does not make provision or
cover such operations adequately.
Clause 49.(2) A regulation under subsection (1) of this clause may be
given retrospective operation to a date not earlier than the date of assent.
Expiry of Part
Clause 50. This clause provides that, apart from section 48, this part
expires 1 year after it commences.
© The State of Queensland 1994