Australian Capital Territory
Canberra Institute of Technology Act 1987
A1987-71
Republication No 7 (RI)
Effective:  31 January 1999 – 11 September 2001
Republication date of printed version: 31 January 1999
Reissued electronically: 5 June 2012
Last amendment made by A1998-54
(republication for amendments by A1997-88, 
A1997-102 and A1998-54)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Canberra Institute of Technology Act 1987 effective 9 December 1998 to 11 September 2001.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under section 13.

Australian Capital Territory

canberra institute of technology
act 1987
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 January 1999
TABLE OF PROVISIONS
Section
Part I—Preliminary
	1.	Short title
	2.	Commencement
	3.	Interpretation
Part II—canberra institute of technology
Division 1—Establishment and functions
	4.	Establishment
	5.	Functions
Division 3—Powers and limitations
	9.	Powers
	10.	Limitations on formation of companies etc.
	11.	Limitations on formation of partnerships
	12.	Limitations on participation in joint ventures
	13.	Review of opinions

Part III—director of institute
	14.	Director
	15.	Functions of Director
	16.	Powers of Director
	22.	Acting Director
part V—council of the institute
	28.	Establishment of Council
	29.	Function and powers of Council
	30.	Membership of Council
	31.	Resignation
	32.	Termination of appointment
	33.	Acting members
	34.	Meetings
	35.	Disclosure of interests
Part VII—staff of the INSTITUTIONs
	49.	Public servants
	51.	Personnel management
Part VIII—Finance
	53.	Fees
	55.	Money of the Institute
	56.	Application of money
	58.	Trust money and trust property
	59.	Exemption from taxation
	60.	Application of Part VIII, Financial Management Act
Part IX—Miscellaneous
	62.	Delegation by Director
	63.	Notification of decisions
	64.	Review by Administrative Review Tribunal
	65.	Regulations

Australian Capital Territory

canberra institute of technology
act 1987
An Act to establish the Canberra Institute of Technology
Part I—Preliminary
1. 	Short title
	This Act may be cited as the Canberra Institute of Technology Act 1987.1
2. 	Commencement
	This Act shall come into operation on such date as is fixed by the Minister by notice in the Gazette.1
3. 	Interpretation
(1) 	In this Act, unless the contrary intention appears—
“appoint” includes reappoint;
“Chairperson” means the Chairperson of the Council;
“Council” means the Canberra Institute of Technology Advisory Council established by section 28;
“Deputy Chairperson” means the Deputy Chairperson of the Council;
“Director” means the person holding office by virtue of an appointment under subsection 14 (1);
“Institute” means the Canberra Institute of Technology;
“joint venture” means an undertaking carried on by 2 or more persons in common otherwise than as partners;
“member” means a member of the Council;
“para-professional training” means training which leads to the award of an Associate Diploma;
“securities” includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents;
“share” means a share in the share capital of a corporation, and includes stock;
“staff”, in relation to the Institute, means persons employed by the Institute under section 49;
“technical and further education” means education provided by way of a course of instruction or training that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation or that otherwise meets the educational needs of individuals and includes para-professional and professional training.
(2) 	The question whether a company is a subsidiary of the Institute shall be determined in the same manner as the question whether a corporation is a subsidiary of another corporation is determined for the purposes of the Corporations Law.
(3) 	For the purposes of this Act, a person shall be taken to participate at a meeting at which he or she is not physically present if, by means of telephonic or closed-circuit television facilities, he or she is capable of—
	(a)	communicating with the other participants; and
	(b)	casting a vote.
part ii—Canberra institute of technology
Division 1—Establishment and functions
4. 	Establishment
(1) 	There is established a body known as the Canberra Institute of Technology.
(2) 	The Institute—
	(a)	is a body corporate, with perpetual succession;
	(b)	shall have a common seal;
	(c)	may acquire, hold and dispose of real and personal property; and
	(d)	may sue and be sued in its corporate name.
(3) 	The common seal of the Institute shall be kept in such custody as the Institute directs and shall not be used except as authorised by the Institute. 
(4) 	All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.
5. 	Functions
(1) 	The functions of the Institute are—
	(a)	to conduct, principally in the Territory, an educational institution for the purpose of fostering the achievement of excellence in study in the fields of technical and further education as the Director, with the written approval of the Minister, determines or the Minister requires;
	(b)	to provide courses and programs, and to use the facilities and resources of the Institute, to advance and develop knowledge and skill in the fields of technical and further education;
	(c)	to support industry and commerce, and to assist the development of industry and commerce and the community, in the Territory;
	(d)	to promote the development of community awareness and appreciation of technical and further education;
	(e)	to confer awards to persons who have completed courses of studies at the Institute;
	(ea)	to confer honorary awards;
	(f)	to consult and cooperate with other institutions, and with persons, associations, organisations and authorities, in relation to the provision of education in technical and further education;
	(g)	to make suitable financial arrangements with industry and commerce for the purposes of any of the foregoing; and
	(h)	to do anything incidental to any of the foregoing.
(2) 	The functions referred to in paragraphs (1) (b), (c), (f) and (g), and anything incidental to those functions, may be performed within or outside Australia.
(3) 	The Institute shall perform its functions in accordance with any directions given by the Minister.
(3A) 	For the purposes of this section—
	(a)	a determination by the Director, or a requirement by the Minister, under paragraph (1) (a); and
	(b)	a direction given by the Minister under subsection (3); 
shall be in writing.
(4) 	Where the Minister gives a direction under subsection (3), the direction shall be notified in the Gazette and the Minister shall cause a copy of the direction to be laid before the Legislative Assembly within 5 sitting days after the direction is given.
Division 3—Powers and limitations
9. 	Powers
(1)	The Institute has power to do all things that are necessary or convenient to be done for or in connection with the performance of its functions and, in particular, may—
	(a)	subject to subsection (2), enter into contracts;
	(b)	erect buildings and structures and carry out works;
	(c)	occupy, use and control any land or building owned or leased (whether from the Commonwealth or any other person) and made available to the Institute;
	(d)	make available, whether by way of lease or otherwise, any land or building to any other person;
	(e)	accept gifts, grants, devises and bequests, whether on trust or otherwise, and act as trustee of moneys or other property vested in it on trust;
	(f)	provide scholarships and other like benefits;
	(g)	make charges for work done and services rendered by it;
	(h)	engage persons as consultants;
	(i)	provide consultative services to any person;
	(j)	form, or participate in the formation of, companies, enter into partnership or participate in joint ventures;
	(k)	subscribe for or purchase shares in, or debentures or other securities of, a company;
	(l)	provide services, facilities or resources to any company it holds a share in, the members of any partnership it has entered into or the members of any joint venture it participates in;
	(m)	appoint persons as agents and attorneys;
	(n)	act as an agent for other persons;
	(o)	 obtain commercial sponsorship;
	(p)	establish and conduct residential facilities for its staff or students either by itself or in association with other institutions or bodies;
	(q)	establish and maintain library, museum, art and other collections either by itself or in association with other bodies; and
	(r)	do anything incidental to any of its powers.
(2)	The Institute shall not enter into a contract for the expenditure of an amount exceeding the prescribed amount—
	(a)	without the written approval of the Minister; and
	(b)	unless the contract is in writing.
(3) 	A power of the Institute may be exercised within or outside Australia.
(3A) 	Nothing in paragraph (1) (h) shall be read as conferring on the Institute a power to enter into a contract of employment.
(4) 	The Institute shall exercise its powers under paragraph 9 (1) (j) in order to raise revenue to be applied exclusively for the use of the Institute.
10. 	Limitations on formation of companies etc.
(1)	The Institute shall not, without the written approval of the Minister—
	(a)	subscribe for or purchase shares in, or debentures or other securities of, a company; or
	(b)	form, or participate in the formation of, a company that would, upon its formation, be a subsidiary of the Institute.
(2) 	An approval under subsection (1)—
	(a)	may be of general application or may relate to a particular company or proposed company; and
	(b)	may be given subject to specified conditions and restrictions.
(3) 	Subject to subsection (4), where the Institute subscribes for or purchases shares in, or debentures or other securities of, a company or where the Institute participates in, forms or is interested in a company, the Minister shall—
	(a)	cause to be prepared a statement setting out particulars of, and the reasons for, the subscription or purchase or the participation, formation or interest; and
	(b)	cause a copy of the statement to be laid before the Legislative Assembly within 15 sitting days after—
	(i)	subject to subparagraph (ii), the subscription or purchase or the participation, formation or interest takes place; or
	(ii)	if the Minister is of the opinion that the disclosure of the subscription or purchase or the participation, formation or interest would adversely affect the commercial interests of the Institute—the Minister ceases to be of that opinion.
(4)	Where the Institute holds a controlling interest in a company, the Institute shall endeavour to ensure that the audit arrangements for the company are acceptable to the auditor of the Institute and that the company does not do anything that the Institute itself is not empowered to do.
(5) 	Without limiting the generality of subsection (4), the Institute shall endeavour to ensure that a company in which it holds a controlling interest does not—
	(a)	borrow money otherwise than from the Territory or Commonwealth; or
	(b)	raise money otherwise than by borrowing; 
except—
	(c)	with the written approval of the Minister for the time being administering the Financial Management Act 1996; and
	(d)	on terms and conditions that are specified in, or consistent with, the approval. 
(6) 	Subsection (5) applies to a borrowing or raising of money whether the money is borrowed or raised by dealing in securities or otherwise, and whether or not the money is borrowed or raised, in whole or in part, in a currency other than Australian currency.
(7)	An approval may be given under subsection (5) in relation to a particular transaction or class of transactions.
(8) 	For the purposes of subsection (5)—
	(a)	the issue by a company of an instrument acknowledging a debt in consideration of the payment or deposit of money or of the provision of credit; or
	(b)	the obtaining of credit by the company; 
shall, to the extent of the amount of that money or of that credit, as the case may be, be deemed to be a borrowing by that company.
(9) 	Paragraph (5) (b) does not apply to a raising of money where that money is raised by way of donation or gift or by bona fide payment for services rendered.
11. 	Limitations on formation of partnerships
(1) 	The Institute shall not enter into a partnership except in accordance with the written approval of the Minister.
(2) 	An approval—
	(a)	may be of general application or may relate to a particular person or proposed partnership; or
	(b)	may be given subject to specified conditions and restrictions.
(3) 	Subject to subsection (4), where the Institute enters into a partnership, the Minister shall—
	(a)	cause to be prepared a statement setting out particulars of, and the reasons for, the partnership; and
	(b)	cause a copy of the statement to be laid before the Legislative Assembly within 15 sitting days after—
	(i)	subject to subparagraph (ii), the partnership is entered into; or
	(ii)	if the Minister is of the opinion that the disclosure of the partnership would adversely affect the commercial interests of the Institute—the Minister ceases to be of that opinion.
(4) 	Where the Institute is a member of a partnership and is able to control the things done by the partnership, the Institute shall endeavour to ensure that the audit arrangements for the partnership are acceptable to the auditor of the Institute and that the partnership does not do anything that the Institute itself is not empowered to do.
12. 	Limitations on participation in joint ventures
(1)	The Institute shall not, without the written approval of the Minister, participate in a joint venture.
(2) 	An approval under subsection (1)—
	(a)	may be of general application or may relate to a particular proposed joint venture; or
	(b)	may be given subject to specified conditions and restrictions.
(3) 	Subject to subsection (4), where the Institute enters into an agreement for a joint venture, the Minister shall—
	(a)	cause to be prepared a statement setting out particulars of, and the reasons for, the joint venture; and
	(b)	cause a copy of the statement to be laid before the Legislative Assembly within 15 sitting days after—
	(i)	subject to subparagraph (ii), the agreement is entered into; or
	(ii)	if the Minister is of the opinion that the disclosure of the joint venture would adversely affect the commercial interests of the Institute—the Minister ceases to be of that opinion.
(4) 	Where the Institute is able to control the things done by a joint venture of which it is a participant, the Institute shall endeavour to ensure that the audit arrangements for the joint venture are acceptable to the auditors of the Institute and that the joint venture does not do anything that the Institute itself is not empowered to do.
13. 	Review of opinions
	The Minister shall, in relation to an opinion referred to in subparagraph 10 (3) (b) (ii), 11 (3) (b) (ii) or 12 (3) (b) (ii), within 12 months after the date on which the Minister—
	(a)	formed that opinion; or
	(b)	last decided that he or she remained of that opinion; 
decide whether he or she remains of that opinion.
PART III—DIRECTOR OF INSTITUTE
14. 	Director
(1) 	There shall be a Director of the Institute who shall be appointed in writing by the Minister.
(2) 	A person who has attained the age of 65 years shall not be appointed as Director, and a person shall not be appointed as Director for a period that extends beyond the day on which the person will attain the age of 65 years.
(3) 	The appointment of a person as Director shall be on a full-time basis for a specified period not exceeding 5 years.
(4) 	The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined in writing by the Minister. 
(5) 	A determination under subsection (4) shall not include a term or condition that could not be applicable to an Executive employed under section 72 of the Public Sector Management Act 1994.
15. 	Functions of Director
(1) 	The Director shall manage the affairs of the Institute.
(1A) 	In managing the affairs of the Institute, the Director shall have regard to any advice given by the Council.
(2) 	Anything done in the name of, or on behalf of, the Institute by the Director shall be deemed to have been done by the Institute.
16. 	Powers of Director
(1) 	The Director has the power to do all things that are necessary or convenient to be done for or in connection with the performance of the Director’s functions, in relation to the Institute, and, in particular, may make administrative arrangements or give directions to a member of staff or to a student with respect to the following matters—
	(a)	the management, good government and discipline of the Institute;
	(b)	the custody and use of the common seal;
	(c) 	the persons who are to constitute the teaching staff of the Institute for the purposes of this Act;
	(d)	the persons who are to constitute the non-teaching staff of the Institute for the purposes of this Act;
	(e)	the persons who are to constitute the students of the Institute for the purposes of this Act;
	(f)	the provision of superannuation or similar benefits for, or in respect of, staff;
	(g)	the admission of persons to courses of study or instruction of the Institute or to examinations of the Institute;
	(h)	the awards (including honorary awards) that may be conferred by the Institute and the requirements for their conferral;
	(j)	the granting by the Institute of scholarships, bursaries and prizes;
	(k)	the review of progress of students;
	(l)	the provision of loans to any student;
	(m)	the provision and management of, and fees or other charges payable for, the use of amenities and services;
	(n)	the association or affiliation with the Institute of any authority, corporation, institution, body or person; or
	(p)	any other matter authorised by this Act or necessary or convenient for giving effect to this Act.
(2) 	Subject to the Financial Management Act 1996 and any regulations and financial management guidelines made or issued under that Act, the Director has the power to issue financial and accounting directions to a member of staff of the Institute.
(3) 	The Director may, if a student of the Institute contravenes a direction given in relation to a matter referred to in paragraph (1) (a), preclude the student for a specified period from—
	(a)	using any of the facilities provided by the Institute; or
	(b)	attending a course, or any part of a course, of study or instruction.
(4) 	Nothing in subsection (1) shall be taken to empower the Director to impose sanctions for the contravention of directions given under that subsection other than sanctions of the kind specified in subsection (3).
22. 	Acting Director
(1) 	Subject to this section, the Minister may, in writing, appoint a person to act as Director—
	(a)	during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when the Director is for any reason unable to perform the functions of the office;
on such terms and conditions as are determined by the Minister in writing.
(2) 	A person appointed to act as the Director during a vacancy in the office of Director shall not so act continuously for more than 12 months.
(3)	A determination under subsection (1) shall not include a term or condition that could not be applicable to an Executive employed under section 72 of the Public Sector Management Act 1994.
(4) 	Anything done by or in relation to a person purporting to act pursuant to an appointment under subsection (1) is not invalid on the ground that—
	(a)	the appointment was ineffective or had ceased to have effect; or
	(b)	the occasion to act had not arisen or had ceased.
part V—council OF THE INSTITUTE
28. 	Establishment of Council
	There is established by this section a Council by the name of the Canberra Institute of Technology Advisory Council.
29. 	Function and powers of Council
(1) 	The function of the Council is to advise the Director with respect to matters relating to the functions of the Institute and, in particular, in relation to—
	(a)	the educational policies to be implemented in the Institute;
	(b)	the welfare of students at the Institute and the management of the Institute;
	(c)	the development of relationships between the Institute and the community; and
	(d)	the planning and programming of educational services to be provided by the Institute and the financial polices for the Institute.
(2) 	Advice given by the Council shall be in writing.
(3) 	The Council may report in writing to the Minister on any matter relating to the functions of the Institute.
(4) 	The Council has power to do all things necessary or convenient to be done in connection with the performance of its function.
30. 	Membership of Council
(1) 	The Council shall consist of—
	(a)	the Chairperson;
	(b)	the Deputy Chairperson; and
	(c)	10 other members.
(2) 	Of the members referred to in paragraph (1) (c)—
	(a)	1 shall be a representative of an organisation which represents the teaching staff;
	(b)	1 shall be a representative of the student body; 
	(c)	1 shall be a representative of industry and commerce;
	(d)	1 shall be the Chairperson of the Vocational Education and Training Authority; and
	(e)	the remaining 6 members shall be persons possessing expertise relevant to the management and operation of the Institute.
(3) 	The Director shall not be appointed as a member.
(4) 	A member of staff shall not be appointed as the Chairperson or the Deputy Chairperson.
(5)	The members shall be appointed in writing by the Minister.
(6)	Subject to this Act, a member holds office for the period, not exceeding 3 years, and on the terms and conditions, specified in the instrument of appointment.
31. 	Resignation
	A member may resign in writing signed by the member and delivered to the Minister.
32. 	Termination of appointment
(1) 	The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
(2) 	The Minister shall terminate the appointment of a member if—
	(a)	the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
	(b)	the member is absent, without advising the Minister or the Chairperson of the reason for his or her absence, from 3 consecutive meetings of the Council;
	(c)	the member is convicted in the Territory or in a State or another Territory of an offence punishable on conviction by imprisonment for 1 year or more;
	(d)	 in the case of a member of the kind referred to in paragraph 30 (2) (a), (b), (c) or (e)—the Minister has reasonable grounds for believing that the member has ceased to be a person of that kind; 
	(da)	in the case of the member referred to in paragraph 30 (2) (d)—the Minister has reasonable grounds for believing that the member has ceased to be the Chairperson, or to act as the Chairperson, as the case may be, of the Vocational Training Authority; or
	(e)	the member fails, without reasonable excuse, to comply with section 35.
33. 	Acting members
(1) 	The Minister may, in writing, appoint a person to act in the office of Chairperson, of Deputy Chairperson, or of another member—
	(a)	during a vacancy in the office, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when the holder of the office is absent from the Territory or is, for any other reason, unable to perform the functions of the office; 
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2) 	A person shall not be appointed to act as a member of the kind referred to in paragraph 30 (2) (a), (b), (c) or (e) unless the person is a person of that kind.
(2A) 	A person shall not be appointed to act as the member referred to in paragraph 30 (2) (d) unless the person is a member of the Vocational Training Authority.
(3) 	The Director shall not be appointed to act as a member.
(4) 	A member of staff shall not be appointed to act as the Chairperson or the Deputy Chairperson.
(5) 	Anything done by or in relation to a person purporting to act pursuant to an appointment under this section is not invalid on the ground that—
	(a)	the occasion for the appointment had not arisen;
	(b)	there is a defect or irregularity in connection with the appointment;
	(c)	the appointment had ceased to have effect; or
	(d)	the occasion for the person to act had not arisen or had ceased. 
34. 	Meetings
(1) 	The Council shall hold at least 6 meetings in each year, but so that a period of not more than 3 months elapses between each meeting.
(2) 	The Chairperson—
	(a)	may convene a meeting at any time; and
	(b)	shall convene a meeting on receipt of a written request signed by—
	(i)	the Minister; or
	(ii)	at least 3 members.
(3) 	At a meeting, 5 members constitute a quorum.
(4) 	The Chairperson shall preside at all meetings at which he or she is present.
(5) 	If the Chairperson is absent from a meeting, the Deputy Chairperson shall preside.
(6) 	If the Chairperson and the Deputy Chairperson are absent from a meeting, the members present shall elect 1 of their number to preside.
(7) 	The Council shall keep a record of its proceedings.
(8) 	A question arising at a meeting shall be determined by a majority of votes of the members present and voting.
(9) 	The member presiding at a meeting has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
35. 	Disclosure of interests
(1) 	A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a Council meeting.
(2) 	A disclosure shall be recorded in the minutes of the meeting and, unless the Council otherwise determines, the member shall not—
	(a)	be present during any deliberation of the Council with respect to that matter; or
	(b)	take part in any decision of the Council with respect to that matter.
(3) 	A member referred to in subsection (2) shall not—
	(a)	be present during any deliberation of the Council for the purpose of considering whether to make a determination under that subsection in relation to that member; or
	(b)	take part in the making by the Council of such a determination.
Part VII—staff
49. 	Public servants
(1) 	The staff of the Institute shall be employed under the Public Sector Management Act 1994.
(2) 	The Public Sector Management Act 1994 applies in relation to the management of the staff of the Institute.
51. 	Personnel management
(1) 	The powers of the Institute in relation to employment matters shall be exercised—
	(a)	without patronage, favouritism or unjustified discrimination; and
	(b)	with regard to the equal employment opportunity program for the Institute.
(2) 	Without limiting the generality of paragraph (1) (a), and subject to paragraph (1) (b), the powers of the Institute in relation to employment shall be exercised in accordance with procedures that ensure that where a person is to be selected for engagement for a period exceeding 3 months, or for advancement, by the Institute —
	(a)	all persons who are eligible have, so far as practicable, a reasonable opportunity to apply for selection; and
	(b)	the selection is made on the basis of an assessment of the relative suitability of the applicants having regard to—
	(i)	the nature of the duties to be performed; and
	(ii)	the abilities, qualifications, experience, personal qualities and potential for development of each applicant that are relevant to the performance of the duties.
(3) 	A reference in this section to the exercise of a power shall be read as including a reference to the making of a report or recommendation in relation to the exercise of that power.
(4) 	For the purposes of paragraph (1) (b), the Director shall on behalf of the Institute after consulting with each relevant staff organisation and such other persons as the Director considers appropriate—
	(a)	develop an equal employment opportunity program for the Institute; and
	(b)	from time to time, review that program.
(6) 	As soon as practicable after the development or review of an equal employment opportunity program in accordance with subsection (4), the Director shall provide the Commissioner for Public Administration with written particulars of the program.
(7) 	The Commissioner for Public Administration may, from time to time, by notice in writing given to the Director, issue guidelines to him or her on the provisions to be made by the equal employment opportunity program, and on the development, implementation or review of the program.
(8) 	The Director shall take any action necessary to give effect to the equal employment opportunity program and to comply with any guidelines issued under subsection (7).
(9) 	The Director in relation to the Institute shall furnish to the Minister a written report relating to the operation of this section during each financial year.
(10) 	In this section—
“advancement” means movement within the Institute resulting in an employee undertaking work, and being remunerated, at a higher level than previously;
“designated group” means any of the following classes of persons:
	(a)	members of the Aboriginal race of Australia or persons who are descendants of indigenous inhabitants of the Torres Strait Islands;
	(b)	persons who have migrated to Australia and whose first language is a language other than English, and the children of such persons;
	(c)	persons with physical or mental disabilities;
	(d)	any other class of persons declared by the regulations to be a designated group for the purposes of this definition;
“employment matter”, in relation to the Institute, means—
	(a)	the selection of persons by the Institute for engagement or advancement;
	(b)	the transfer of employees to positions in the Institute;
	(c)	training and staff development for employees of the Institute;
	(d)	the conditions of service of employees of the Institute; or
	(e)	any other matter related to the employment of persons by the Institute;
 “equal employment opportunity program”, in relation to the Institute, means a program designed to ensure that—
	(a)	appropriate action is taken to eliminate unjustified discrimination against women and persons in designated groups in relation to employment matters; and
	(b)	measures are taken to enable employees who are women or persons in designated groups—
	(i)	to compete for engagement, transfer and advancement; and
	(ii)	to pursue careers;
as effectively as other persons and to have equal opportunities with others in relation to other employment matters;
“relevant staff organisation”, in relation to the Institute, means an organisation—
	(a)	within the meaning of the Workplace Relations Act 1996 of the Commonwealth;
	(b)	in which persons employed by the Institute would be eligible for membership; and
	(c)	that is a party to an industrial award that applies in relation to the salary payable in respect of that employment;
“unjustified discrimination” includes—
	(a)	discrimination that is unlawful under the Discrimination Act 1991; and
	(b)	unjustified discrimination on the ground of age or social origin;
but does not include—
	(c)	discrimination that is essential for the effective performance of the relevant duties, is not unlawful under the Discrimination Act 1991 and is prescribed; or
	(d)	discrimination that is not unlawful under the Discrimination Act 1991 and is in accordance with the equal employment opportunity program for the Institute or with a prescribed program.
Part VIII—Finance
53. 	Fees
(1) 	There is payable to the Institute such fees for attendance at courses and programs as the Minister may determine by notice in the Gazette.
(2) 	The Director may make a determination in respect of the Institute in relation to—
	(a)	fees the payment of which is voluntary;
	(b)	fees in respect of the provision of an administrative service; 
	(c)	fees in respect of the provision to students of amenities or services not of an academic nature;
	(d)	fees in respect of an organisation of students or of students and other persons; or
	(e)	fees in respect of residential accommodation. 
(3) 	A fee is not payable by a person or class of persons exempted from payment of the fee by a determination of the Minister under subsection (1) or the Director under subsection (2).
55. 	Money of the Institute
	The money of the Institute consists of—
	(a)	money paid to the Institute under section 52; and
	(b)	any other money, other than trust money, paid to the Institute.
56. 	Application of money
	Subject to this section, the money of the Institute shall be applied only—
	(a)	in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;
	(b)	in payment of any remuneration or allowance payable to any person under this Act; and
	(c)	in making any other payments required or permitted to be made by the Institute.
58. 	Trust money and trust property
(1) 	The Institute shall pay trust money into an account maintained under section 55 of the Financial Management Act 1996.
(3)	The Institute—
	(a)	shall apply or deal with trust money and trust property only in accordance with its powers and duties as trustee; and
	(b)	may only invest trust money—
	(i)	in a manner in which it is authorised to invest the money by the terms of the trust; or
	(ii)	in a manner in which trust money may be lawfully invested.
59. 	Exemption from taxation
(1) 	Subject to this section, the income, property and transactions of the Institute are not subject to taxation under any law of the Territory.
(2) 	The regulations may provide that subsection (1) does not apply in relation to taxation under a specified law.
60. 	Application of Part VIII, Financial Management Act
	Part VIII of the Financial Management Act 1996 applies in relation to the Institute as if a reference in that Part to a financial year were a reference to a calendar year.
Part IX—Miscellaneous
62. 	Delegation by Director
(1) 	The Director may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing delegate to any person all or any of the Director’s powers and functions under this Act, other than this power of delegation.
(2)  	A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Director.
(3) 	A delegation does not prevent the exercise of a power or performance of a function by the Director.
63. 	Notification of decisions
(1) 	Where the Director makes a decision—
	(a)	not to admit a person to a course of study or instruction of the Institute or to an examination of the Institute under paragraph 16 (1) (g);
	(b)	not to confer an award (not including an honorary award) on a person under paragraph 16 (1) (h); or
	(c)	precluding a student from using facilities or attending a course, or part of a course, under subsection 16 (3); 
he or she shall cause notice of the decision to be given to a person whose interests are affected by the decision.
(2) 	A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
64. 	Review by Administrative Review Tribunal
(1) 	Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Director—
	(a)	refusing to admit a person to a course of study or instruction of the Institute or to an examination of the Institute under paragraph 16 (1) (g);
	(b)	refusing to confer an award (not including an honorary award) on a person under paragraph 16 (1) (h); or
	(c)	precluding a student from using facilities or attending a course, or part of a course, under subsection 16 (3).
65. 	Regulations
(1) 	The Executive may make regulations, not inconsistent with this Act, prescribing matters—
	(a)	required or permitted by this Act to be prescribed by regulations; or
	(b)	necessary or convenient to be prescribed by regulations for carrying out or giving effect to this Act.
(2) 	Without limiting the generality of subsection (1), regulations made under that subsection may make provisions for and in relation to—
	(a)	the use or parking of vehicles on land occupied by the Institute in the Territory, including the authorisation of, and the provision for the effect  of, signs and marking; or
	(b)	the punishment, on summary conviction, by a fine not exceeding—
	(i)	if the offender is a natural person—10 penalty units; or
	(ii)	if the offender is a body corporate—50 penalty units.

NOTES
1.	The Canberra Institute of Technology Act 1987 as shown in this reprint comprises Act No. 71, 1987 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

A.C.T. Institute of Technical and Further Education Ordinance 1987	71,1987	22 Dec 1987	4 Jan 1987 (see Gazette 1987, No. S365)		
A.C.T. Institute of Technical and Further Education (Amendment) Ordinance 1988	82, 1988	21 Dec 1988	21 Dec 1988	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	

Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Statutory Authorities (Audit Arrangements) Act 1990	25, 1990	22 June 1990	Ss. 1 and 2:  22 June 1990
Remainder:  22 June 1990 (see Gazette 1990, No. S35)	Ss. 19 and 20	
Self-Government (Consequential Amendments) Act 1991	53, 1991	2 Oct 1991	2 Oct 1991	—	
A.C.T. Institute of Technical and Further Education (Amendment) Act 1992	11, 1992	2 June 1992	2 June 1992	—	
Statute Law Revision (Miscellaneous Provisions) Act 1992	23, 1992	4 June 1992	4 June 1992	—	
Canberra Institute of Technology (Amendment) Act 1992	74, 1992	8 Dec 1992	Ss. 1-3:  8 Dec 1992
Remainder:  1 Jan 1993	—	
Canberra Institute of Technology (Amendment) Act 1994	13, 1994	6 May 1994	Ss. 1 and 2:  6 May 1994
Remainder:  6 May 1994 (see Gazette  1994, No. S82)	S. 10 (2)	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	38, 1994	30 June 1994	Ss. 1 and 2:  30 June 1994
Remainder:  1 July 1994 (see Gazette 1994, No. S142,
 p. 2)	Ss. 3, 5-12, 15 and 19	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:   14 Nov 1994 (see s. 2 (2) and Gazette 1994, No. S250)	—	
Vocational Education and Training (Consequential Provisions) Act 1995	38, 1995	31 Oct 1995	Ss. 1 and 2:  31 Oct 1995
Remainder: 1 Jan 1996 (see s. 2 (2) and Gazette 1995, No. S322) 	—	
Statute Law Revision Act 1995	46,1995	18 Dec 1995	18 Dec 1995	—	
Remuneration Tribunal (Consequential and Transitional Provisions) Act 1995	56, 1995	20 Dec 1995	21 Dec 1995 (see s. 2 and Gazette 1995, No. S315, p. 2)	S. 3	
(Reprinted as at 1 January 1996)	
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996	26, 1996	1 July 1996	1 July 1996	—	
Canberra Institute of Technology (Amendment) Act 1996	73, 1996	20 Dec 1996	1 Jan 1997 (see  s. 2 and Gazette 1996, No. S347)	—	
Canberra Institute of Technology (Amendment) Act 1997
	11, 1997	16 May 1997	Ss. 1-3:  16 May 1997
Remainder:  10 June 1997 (see Gazette 1997, No. S157)	—	
(Reprinted as at 10 June 1997	
Financial Institutions (Removal of Discrimination) Act 1997	88, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder:   31 Dec 1997 (see Gazette 1997, No. S442)	—	
Financial Management (Amendment) Act (No. 2) 1997	102, 1997	24 Dec 1997	Ss. 1-3:  24 Dec 1997
Remainder:  14 Jan 1998 (see Gazette 1998, No. S24)	—	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)
	—	

Table of Amendments
The amendment history of the Canberra Institute of Technology Act 1987 prior to renumbering by the Canberra Institute of Technology (Amendment) Act 1994 (No. 13, 1994) appears in Table 1 below.
Table 1
ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision	How affected

Title	am. Act No. 74, 1992; No. 13, 1994
S. 1	am. Act No. 74, 1992
S. 3	am. No. 82, 1988; Act No. 74, 1992; No. 13, 1994
Heading to Part II	rs. Act No. 74, 1992; No. 13, 1994
Heading to Div. 1 of Part II  ad. Act No. 13, 1994
S. 4	am. Act No. 74, 1992
S. 5	am. No. 82, 1988
	rep. Act No. 74, 1992
S. 6	am. No. 82, 1988; No. 38, 1989; Act No. 13, 1994
S. 7	am. No. 82, 1988; No. 38, 1989; Act No. 74, 1992
	rep. No. 13, 1994
Div. 2 of Part II (ss. 7, 7A,	ad. Act No. 13, 1994
   7B)
S. 7	rs. Act No. 13, 1994
Ss. 7A, 7B	ad. Act No. 13, 1994
Heading to Div. 3 of Part II  ad. Act No. 13, 1994
S. 7C	ad. Act No. 13, 1994
Ss. 8-10	am. No. 38, 1989; Act No. 13, 1994
S. 10A	ad. No. 82, 1988
Heading to Part III	am. No. 82, 1988
	rs. Act No. 74, 1992
	am. No. 13, 1994
S. 11	am. No. 82, 1988; Act No. 13, 1994
S. 12	am. No. 82, 1988; Act No. 74, 1992; No. 13, 1994
S. 13	am. No. 82, 1988; Act No. 53, 1991; No. 13, 1994
S. 13A	ad. Act No. 13, 1994
S. 14	am. Act No. 13, 1994
S. 15	am. No. 82, 1988
S. 16A	ad. No. 82, 1988
S. 17	am. No. 82, 1988
Part IIIA (ss. 17A-17E)	ad. Act No. 13, 1994
Ss. 17A-17E	ad. Act No. 13, 1994
Heading to Part IIIB	ad. Act No. 13, 1994
S. 18	rs.No. 82, 1988
	am. Act No. 74, 1992
S. 18A	ad. No. 82, 1988
	am. Act No. 74, 1992
S. 18B	ad. No. 82, 1988
	am. Act No. 74, 1992; No. 13, 1994
Ss. 18C	ad. No. 82, 1988
Ss. 18D-18G	ad. No. 82, 1988
	am. Act No. 74, 1992
Part IIIC (ss. 18H-18T)	ad. Act No. 13, 1994
Ss. 18H-18T	ad. Act No. 13, 1994
Heading to Part IIID	ad. Act No. 13, 1994
S.19	am. No. 38, 1989
S. 19AA	ad. Act No. 13, 1994
S. 19A	ad. Act No. 11, 1992
	am. No. 13, 1994
S. 20	am. No. 82, 1988; No. 38, 1989; Act No. 13, 1994
S. 21	am. Act No. 13, 1994
S. 22	am. No. 82, 1988; Act No. 13, 1994
S. 23	am. Act No. 13, 1994
S. 24	am. No. 82, 1988; No. 38, 1989; Act No. 13, 1994
S. 25	rs. No. 38, 1989
	rep. Act No. 13, 1994
Ss. 26, 27	rep. No. 38, 1989
S. 28	am.  No. 38, 1989; Act No. 13, 1994
S. 29	rep. No. 38, 1989
S. 30	rs. Act No. 13, 1994
S. 31	am. Act No. 13, 1994
S. 31A	ad. Act No. 25, 1990
	am. No. 13, 1994
S. 31B	ad. Act No. 25, 1990
	am. No. 74, 1992; No. 13, 1994
S. 33	am. No. 82, 1988; No. 38, 1989; Act No. 13, 1994
S. 34	am. No. 82, 1988; Act No. 23, 1992; No. 13, 1994
S. 35	am. No. 82, 1988; No. 38, 1989; Act No. 13, 1994

The amendment history of the Canberra Institute of Technology Act 1987 after renumbering by the Canberra Institute of Technology (Amendment) Act 1994 appears in Table 2 below.
Table 2
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Title	am. No. 73, 1996
S. 3	am. No. 46, 1995; No. 73, 1996
Heading to Part II	rs. No. 73, 1996
Heading to Div. 1 of	rs. No. 73, 1996
   Part II
S. 5	am. No. 73, 1996
Div. 2 of Part II (ss. 6-8)	rep. No. 73, 1996
Ss. 6-8	rep. No. 73, 1996
Heading to Div. 3 of	am. No. 73, 1996
   Part II
S. 9	am. No. 38, 1994; No. 73, 1996
S. 10	am. No. 26, 1996; No. 73, 1996
Ss. 11, 12	am. No. 73, 1996
S. 14	am. No. 73, 1996; No. 11, 1997
S. 15	am. No. 73, 1996
S. 16	am. No. 26, 1996
S. 17	rep. No. 73, 1996
S.18	rep. No. 56, 1995
Ss. 19-21	rep. No. 11, 1997
S. 22	rs. No. 11, 1997
Part IV (ss. 23-27)	rep. No. 73, 1996
Ss. 23-25	rep. No. 73, 1996
S. 26	am. No. 26, 1996
	rep. No. 73, 1996
S. 27	rep. No. 73, 1996
S. 30	am. No. 38, 1995; No. 73, 1996
Part VI (ss. 36-48)	rep. No. 73, 1996
Ss. 36-48	rep. No. 73, 1996
Heading to Part VII	am. No. 73, 1996
S. 49	rs. No. 38, 1994
S. 50	rep. No. 73, 1996
S. 51	am. No. 38, 1994; No. 73, 1996
S. 52	am. No. 73, 1996
	rep. No. 102, 1997
S. 53	am. No. 73, 1996
S. 54	rep. No. 26, 1996
S. 55	am. No. 73, 1996
S. 56	am. Nos. 26 and 73, 1996
S. 57	rep. No. 26, 1996
S. 58	am. Nos. 26 and 73, 1996; No. 88, 1997
S. 59	am. No. 73, 1996
S. 60	rs. No. 26, 1996
	am. No. 73, 1996
S. 61	rep. No. 26, 1996
S. 63	am. No. 60, 1994; No. 73, 1996
S. 64	am. No. 73, 1996
S. 65	am. No. 73, 1996; No. 54, 1998

table showing new Part and section numbers of the CANBERRA INSTITUTE OF TECHNOLOGY ACT 1987 after  renumbering by the CANBERRA INSTITUTE OF TECHNOLOGY  (AMENDMENT) ACT  1994 (No. 13, 1994)
NOTE—This Table does not form part of the Canberra Institute of Technology Act 1987 and is printed for convenience of reference only.
Old
number	New
number	Old
number	New
number	Old
number	New
number	

Section	Section	
6	5	
7	6	
7A	7	
7B	8	
7C	9	
8	10	
9	11	
10	12	
10A	13	
11	14	
12	15	
13	16	
13A	17	
14	18	
15	19	
16	20	
16A	21	
17	22	
Part IIIA	Part IV	
Section	Section	
17A	23	
17B	24	
17C	25	
17D	26	
17E	27	
Part IIIB	Part V	
Section	Section	
18	28	
18A	29	
18B	30	
18C	31	
18D	32	
18E	33	
18F	34	
18G	35	
Part IIIC	Part VI	
Section	Section	
18H	36	
18I	37	
18J	38	
18K	39	
18L	40	
18M	41	
18N	42	
18O	43	
18P	44	
18Q	45	
18R	46	
18S	47	
18T	48	
Part IIID	Part VII	
Section	Section	
19	49	
19AA	50	
19A	51	
Part IV	Part VIII	
Section	Section	
20	52	
21	53	
22	54	
23	55	
24	56	
28	57	
30	58	
31	59	
31A	60	
31B	61	
Part V	Part IX	
Section	Section	
32	62	
33	63	
34	64	
35	65	

						

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