TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 43
TECHNICAL AND FURTHER EDUCATION ACT 1975 - SECT 43
(1) The Governor may
make such regulations as are contemplated by this Act, or as he or she
considers necessary or expedient for the purposes of this Act.
(2) Without limiting
the generality of subsection (1), those regulations may make provision
with respect to the following matters:
(a) the
establishment, maintenance and control of colleges by the Minister under this
Act and the management of all land, buildings, equipment or facilities used in
connection therewith; and
(b) the
provision of residences or other accommodation for officers; and
(c) the
terms and conditions upon which officers or officers of any class are employed
under this Act, their rights to leave of absence and any other privileges,
their rights on retirement from employment under this Act and any other matter
whatsoever affecting their employment; and
(d) the
courses of instruction or training to be provided under this Act and the
awards to be conferred upon those who successfully complete any such courses
of instruction or training; and
(da) the
fees to be paid for or in relation to—
(i)
instruction, training or assessment of students; and
(ii)
assessment and certification of qualifications whether or
not relating to instruction or training under this Act; and
(iii)
land, buildings, equipment, facilities or services used
or provided under this Act; and
(e) the
provision of grants to colleges and the conditions applicable to those grants;
and
(f) the
establishment of scholarships and the provision of allowances to students; and
(g)
college vacations, the hours at which instruction or training is to be
provided, the method to be adopted in teaching, and the discipline to be
observed and enforced in colleges; and
(h) the
use of the land, buildings, equipment or facilities of colleges; and
(ia)
regulating, restricting or prohibiting the driving, parking or ranking of
vehicles on the grounds of any college; and
(ib)
providing evidentiary presumptions in relation to offences against regulations
made under paragraph (ia); and
(j) the
furnishing of returns to the Chief Executive Officer by the head of a college,
and the matters to be contained in any such returns; and
(k)
providing for the constitution of associations of students, or students and
staff, of colleges; and
(l)
conferring upon officers a right to apply to SAET for review of administrative
acts or decisions of the Minister or the Chief Executive Officer (not being
administrative acts or decisions declared by the regulations to be excluded
from review); and
(n) any
other matter necessary or expedient for the proper administration of this Act.
(2a) A regulation made
under subsection (2)(da)—
(a)
may—
(i)
fix fees (including differential fees);
(ii)
regulate the payment of a fee;
(iii)
provide for exemption (in whole or in part) from the
liability to pay a fee;
(iv)
provide for the refund, in whole or in part, of a fee,
or may empower the Minister or another person or body to do so; and
(b) may
provide for the recovery of a fee.
(3) A regulation made
under this Act is not invalid on the ground that it relates to circumstances
that occurred before the commencement of this Act.
(4) A regulation under
this Act may—
(a)
impose fines, not exceeding a division 10 fine, for offences against the
regulations;
(b) fix
expiation fees, not exceeding a division 10 fee, for alleged offences against
the regulations.