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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 6.1.40 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 6.1.40

Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015

    (1)     Despite the commencement of Part 2 of the amending Act

        (a)     an Order in Council made under section 3.1.11 relating to the board of a TAFE institute, which was in force immediately before the commencement day, continues in operation, subject to this Act, until it is remade under section 3.1.11 in accordance with subsection (2); and

        (b)     the board of a TAFE institute is taken

to be the same body on and after the commencement day despite the changes to its constitution made by Part 2 of the amending Act and no decision, matter or thing is to be affected by the changes to the constitution of that board made by Part 2 of the amending Act; and

        (c)     a person who on the day immediately

before the commencement day held office as a director of the board of a TAFE institute referred to in paragraph (b) continues to

hold office as a director of that board on the same terms and conditions as those on

which the person held office immediately before the commencement day, subject to this Act and the relevant Order in Council continued under paragraph (a), until the commencement of the Order in Council that is remade in accordance with subsection (2); and

        (d)     sections 3.1.16 and 3.1.18 apply to a board of a TAFE institute referred to in paragraph (b) and a director referred to in paragraph (c) as if those sections had not been amended by Part 2 of the amending Act.

    (2)     The Minister must ensure that within 6 months after the commencement day, or within any further period or periods fixed by the Minister

in respect of the board of a TAFE institute,

every Order in Council relating to the board of a TAFE institute continued in operation under subsection (1)(a) is reviewed and remade under section 3.1.11.

    (3)     The Minister must cause a notice to be published in the Government Gazette of any further period fixed by the Minister under subsection (2).

    (4)     On and after the commencement of an Order in Council relating to the board of a TAFE institute that is remade under section 3.1.11 in accordance with subsection (2)—

        (a)     the board of that TAFE institute existing immediately before the commencement day is abolished and its directors go out of office; and

        (b)     if the person who held office as the chairperson of the board of a TAFE institute abolished under paragraph (a) is appointed by the Minister as a director of the incoming board of that TAFE institute, that person is taken to be the interim chairperson of the incoming board of that TAFE institute; and

        (c)     if the person who held office as the chairperson of the board of a TAFE institute abolished under paragraph (a) is not appointed by the Minister as a director of

the incoming board of that TAFE institute, the Minister must appoint a director of the incoming board of that TAFE institute as the interim chairperson of the incoming board.

    (5)     The term of office of an interim chairperson who is taken to be appointed under subsection (4)(b)

or who is appointed by the Minister under subsection (4)(c) ends on the earlier of the following—

        (a)     2 months after the term of office begins; or

        (b)     when a chairperson of the incoming board is elected and appointed in accordance with section 3.1.16A.

    (6)     In this section—

"amending Act" means the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 ;

"commencement day" means the day on which Part 2 of the amending Act comes into operation.

S. 6.1.41 inserted by No. 9/2016 s. 17.