SCHOOL EDUCATION ACT 1999 - SECT 216

SCHOOL EDUCATION ACT 1999 - SECT 216

216 .         Powers of Minister

        (1)         The Minister may do all things necessary or convenient to be done for the purposes of —

            (a)         school education; or

            (b)         furthering the best interests of students and educational programmes in government schools; or

            (c)         carrying out joint arrangements.

        (2)         Without limiting subsection (1) the Minister may for any of the purposes mentioned —

            (a)         acquire, hold, manage, improve, develop and dispose of property or an interest in property; and

            (b)         accept any gift, grant, devise or bequest if it is absolute or subject to conditions to which the Minister agrees; and

            (c)         subject to section 217, participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement; and

            (d)         allow persons to undertake advertising or sponsorship, of the kind and to the extent that is authorised by regulations, in connection with educational activities in government schools; and

            (e)         enter into any contract or arrangement; and

            (f)         turn to account any resource or intellectual property that is vested in the Minister; and

            (g)         apply for, hold, exploit and dispose of any patent, patent rights, design rights, copyright, trademark or similar rights; and

            (h)         use the expertise and resources of the department to provide consultancy, advisory or other services for profit.

        (3)         The Minister may for the purpose of furthering education whether in the government or non-government schools —

            (a)         act as trustee of any trust for educational purposes; or

            (b)         grant allowances, awards and scholarships.

        (4)         In exercising any power under this section the Minister may act in conjunction with —

            (a)         any person or firm, or a public authority; or

            (b)         any department of the Public Service or any agency of the State or the Commonwealth.

        (5)         An agreement or arrangement for advertising or sponsorship in relation to a government school is not to be entered into by the principal of the school acting —

            (a)         in exercise of the power conferred by subsection (2)(d); and

            (b)         as the subdelegate of the Minister under section 225,

                unless the Council for that school has approved the agreement or arrangement.

        (6)         In subsection (2) —

        acquire includes taking on lease or licence or in any other manner in which an interest in property may be acquired;

        business arrangement means a company, a partnership, a trust, a joint venture, or an arrangement for sharing profits;

        dispose of includes dispose of by way of lease;

        participate includes form, promote, establish, enter, manage, dissolve, wind up, and do anything incidental to participating in a business arrangement.

        [Section 216 amended: No. 28 of 2014 s. 31; No. 41 of 2016 s. 12.]