Commonwealth Numbered Acts

TRADE UNION TRAINING AUTHORITY AMENDMENT ACT 1978 No. 92 of 1978 - SECT 8

8. Divisions 1 and 2 of Part IV of the Principal Act are repealed and the
following Divisions substituted:

''Division 1-Australian Council Constitution of the Australian Council
''14. (1) The Australian Council shall consist of the following part-time
members:

   (a)  one person appointed by the Minister;

   (b)  the National Director;

   (c)  the Secretary or, if the Minister appoints another officer of the
        Department to be a member in place of the Secretary, the officer so
        appointed;

   (d)  5 persons to represent the Australian Council of Trade Unions,
        appointed by the Minister after consultation with the
        Australian Council of Trade Unions;

   (e)  one person to represent the Australian Council of Salaried and
        Professional Associations, appointed by the Minister after
        consultation with the Australian Council of Salaried and Professional
        Associations;

   (f)  one person to represent the Council of Australian Government Employee
        Organizations, appointed by the Minister after consultation with the
        Council of Australian Government Employee Organizations;

   (g)  one person to represent the Confederation of Australian Industry,
        appointed by the Minister after consultation with the Confederation of
        Australian Industry;

   (h)  one person, being a Commissioner of the Tertiary Education Commission
        or a member of the staff of that Commission, appointed by the
        Minister;

   (j)  one Member of the Parliament appointed by the Prime Minister; and

   (k)  one Member of the Parliament appointed by the Leader of the
        Opposition.

''(2) The member of the Australian Council referred to in paragraph (1) (a)
shall be the Chairman of that Council.

''(3) The Australian Council shall be deemed to have been constituted when not
less than 8 of the members of that Council (excluding the National Director)
have been appointed. Method of appointment of certain members
''15. (1) The appointment at any time of a member or members of the
Australian Council to represent-

   (a)  the Australian Council of Trade Unions;

   (b)  the Australian Council of Salaried and Professional Associations;

   (c)  the Council of Australian Government Employee Organizations; or

   (d)  the Confederation of Australian Industry, shall be made from amongst
        persons whose names are included in a list of names submitted to the
        Minister by the organization which that member is, or those members
        are, to represent.

''(2) A list referred to in sub-section (1) that is submitted by an
organization shall consist of a number of names that is not less than twice
the number of members of the Australian Council to be appointed to represent
that organization, but the Minister may, if he thinks fit, request the
organization to submit additional names for inclusion in the list. Acting
Chairman of Australian Council
''16. (1) The Minister may appoint a person to act as Chairman of the
Australian Council.

''(2) Where the Chairman of the Australian Council is absent from duty or from
Australia or is unable to perform the functions of his office, or there is a
vacancy in the office of Chairman-

   (a)  if an appointment of a person to act as Chairman of the Australian
        Council is in force under sub-section (1) and the person so appointed
        is available to exercise the powers and perform the functions and
        duties of the Chairman of the Australian Council-the person so
        appointed; or

   (b)  in any other case-the member of the Australian Council referred to in
        paragraph 14 (1) (c), shall act as Chairman of the Australian Council
        during the absence or inability or until the filling of the vacancy,
        as the case may be, and while so acting has and may exercise all the
        powers, and shall perform all the functions and duties, of the
        Chairman of the Australian Council.

''(3) At any time when a person who is not a member of the Australian Council
is acting as Chairman of the Australian Council, he shall be deemed to be a
member of that Council for the purposes of sub-section 19 (4). Deputy members
of the Australian Council
''17. (1) The Minister may appoint a person to be the deputy member of the
Australian Council in relation to the member of the Australian Council
referred to in paragraph 14 (1) (c).

''(2) The Minister shall, upon being requested to do so by an organization
referred to in paragraph 14 (1) (d), (e), (f) or (g), after consulting with
that organization, appoint a person to be the deputy member of the Australian
Council in relation to a specified member of the Australian Council appointed
to represent that organization.

''(3) The appointment at any time of a deputy member of the Australian Council
in relation to a member of that Council referred to in paragraph 14 (1) (d),
(e), (f) or (g) shall be made from amongst persons whose names are included in
a list of names submitted to the Minister by the organization that requested
the appointment of that deputy member.

''(4) A list referred to in sub-section (3) that is submitted by an
organization in relation to the appointment of a deputy member shall consist
of the names of at least two persons, but the Minister may, if he thinks fit,
request the organization to submit additional names for inclusion in the list.

''(5) The Minister may appoint a person, being a Commissioner of the Tertiary
Education Commission or a member of the staff of that Commission, to be the
deputy member of the Australian Council in relation to the member of the
Australian Council referred to in paragraph 14 (1) (h).

''(6) Where a member of the Australian Council in relation to whom a deputy
member is appointed is absent from a meeting of the Australian Council, the
deputy member is entitled to attend that meeting and, when so attending, shall
be deemed to be a member of the Australian Council. Tenure of office
''18. (1) Subject to this Act, the member of the Australian Council referred
to in paragraph 14 (1) (a), and, if an officer of the Department has been
appointed under paragraph 14 (1) (c) to be a member of the Australian Council
in place of the Secretary, the officer so appointed, hold office during the
pleasure of the Minister.

''(2) Subject to this Act, a member of the Australian Council referred to in
paragraph 14 (1) (d), (e), (f), (g) or (h) holds office for such period, not
exceeding 3 years, as is specified in his instrument of appointment, but is
eligible for re-appointment.

''(3) Subject to this Act, a member of the Australian Council referred to in
paragraph 14 (l) (j) or (k) holds office until the dissolution or expiration
of the House of Representatives as elected at the time of his appointment.

''(4) The deputy member of the Australian Council in relation to a member
referred to in paragraph 14 (1) (c) or (h) holds office during the pleasure of
the Minister.

''(5) The deputy member of the Australian Council in relation to a member
referred to in paragraph 14 (1) (d), (e), (f) or (g) holds office until he
resigns his office or his appointment is terminated in accordance with section
28. Meetings of Australian Council
''19. (1) The Chairman of the Australian Council-

   (a)  may convene meetings of the Australian Council, and shall comply with
        any resolution of the Australian Council with respect to the convening
        of meetings; and

   (b)  shall, on receipt of a written request signed by not less than 4
        members of the Australian Council (not including the
        National Director), convene a meeting of the Australian Council.

''(2) The Chairman of the Australian Council shall preside at all meetings of
the Australian Council.

''(3) At a meeting of the Australian Council, the Chairman and 6 other members
of the Australian Council constitute a quorum.

''(4) All questions arising at a meeting of the Australian Council shall be
determined by a majority of the votes of the members present and voting, and
for this purpose the person presiding at the meeting has a deliberative vote
but does not have a casting vote.

''(5) The Australian Council may regulate the conduct of proceedings at its
meetings as it thinks fit and shall keep minutes of those proceedings.

''(6) A reference in this section to the Chairman of the Australian Council
shall, if a person is acting as Chairman of that Council, be read as a
reference to the person so acting.



Division 2-State Councils Constitution of State Councils
''20. (1) The Council established by sub-section 9 (3) for a State shall
consist of the following part-time members-

   (a)  one person appointed by the Minister;

   (b)  one officer of the Department appointed by the Minister;

   (c)  3 persons to represent the relevant trade union organization,
        appointed by the Minister after consultation with the relevant trade
        union organization;

   (d)  one person to represent the Division of the Australian Council of
        Salaried and Professional Associations for the State, appointed by the
        Minister after consultation with that Division;

   (e)  one person to represent the Division of the Council of Australian
        Government Employee Organizations for the State, appointed by the
        Minister after consultation with that Division;

   (f)  one person to represent the Branch of the Confederation of Australian
        Industry for the State, appointed by the Minister after consultation
        with that Branch; and

   (g)  one person appointed by the Minister to promote the interests of
        technical and further education in the State.

''(2) The member of the Council established by sub-section 9 (3) for a State
referred to in paragraph (1) (a) shall be the Chairman of the Council.

''(3) A State Council shall be deemed to have been constituted when not less
than 6 of the members of the State Council have been appointed.

''(4) For the purposes of sub-section (1), the relevant trade union
organization is-

   (a)  in relation to New South Wales-The Labor Council of New South Wales;

   (b)  in relation to Victoria-Victorian Trades Hall Council;

   (c)  in relation to Queensland-The Trades and Labor Council of Queensland;

   (d)  in relation to South Australia-The United Trades and Labor Council of
        South Australia;

   (e)  in relation to Western Australia-The Trades and Labor Council of
        Western Australia; and

   (f)  in relation to Tasmania-Tasmanian Trades and Labor Council. Acting
        Chairman of State Councils
''21. (1) The Minister may appoint a person to act as Chairman of a Council
established by sub-section 9 (3) for a State.

''(2) Where the Chairman of a State Council is absent from duty or from
Australia or is unable to perform the functions of his office, or there is a
vacancy in the office of Chairman of a State Council-

   (a)  if an appointment of a person to act as Chairman of the State Council
        is in force under sub-section (1) and the person so appointed is
        available to exercise the powers and perform the functions and duties
        of the Chairman of the State Council-the person so appointed; or

   (b)  in any other case-the member of the State Council referred to in
        paragraph 20 (1) (b), shall act as Chairman of the State Council
        during the absence or inability or until the filling of the vacancy,
        as the case may be, and while so acting has and may exercise all the
        powers, and shall perform all the functions and duties, of the
        Chairman of the State Council.

''(3) At any time when a person who is not a member of a State Council is
acting as Chairman of the State Council, he shall be deemed to be a member of
the State Council for the purposes of sub-section 23A (4). Deputy members of
State Councils
''22. (1) The Minister may appoint a person to be the deputy member of a State
Council in relation to a member of that State Council referred to in paragraph
20 (1) (b) or (g).

''(2) The Minister shall, upon being requested to do so by an organization or
a Division or Branch of an organization referred to in paragraph 20 (1) (c),
(d), (e) or (f) to do so, after consulting with that organization or with that
Division or Branch, as the case may be, appoint a person to be the deputy
member of a State Council in relation to a member of that State Council
appointed to represent that organization or that Division or Branch.

''(3) Where a member of a State Council in relation to whom a deputy member is
appointed is absent from a meeting of the State Council, that deputy member is
entitled to attend that meeting and, when so attending, shall be deemed to be
a member of the State Council. Tenure of office of members of State Councils
''23. (1) Subject to this Act, a member of a State Council holds office for
such period, not exceeding 3 years, as is specified in his instrument of
appointment, but is eligible for re-appointment.

''(2) The deputy member of a State Council in relation to the member referred
to in paragraph 20 (1) (b) or (g) holds office during the pleasure of the
Minister.

''(3) The deputy member of a State Council in relation to a member referred to
in paragraph 20 (1) (c), (d), (e) or (f) holds office until he resigns his
office or his appointment is terminated in accordance with section 28.
Meetings of State Councils
''23A. (1) The Chairman of a State Council-

   (a)  may convene meetings of the State Council and shall comply with any
        resolution of the State Council with respect to the convening of
        meetings; and

   (b)  shall, on receipt of a written request signed by not less than 4
        members of the State Council, convene a meeting of the State Council.

''(2) The Chairman of a State Council shall preside at all meetings of the
State Council.

''(3) At a meeting of a State Council, the Chairman of the State Council and 4
other members of the State Council constitute a quorum.

''(4) All questions arising at a meeting of a State Council shall be
determined by a majority of the votes of the members of the State Council
present and voting, and for this purpose the person presiding at the meeting
has a deliberative vote but does not have a casting vote.

''(5) A State Council may regulate the conduct of proceedings at its meetings
as it thinks fit and shall keep minutes of those proceedings.

''(6) A reference in this section to the Chairman of a State Council shall, if
a person is acting as Chairman of the State Council, be read as a reference to
the person so acting.''.