House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Education, Science and Training, the Honourable Dr Brendan Nelson MP)

Schedule 4 - Amendment of the Maritime College Act 1978

Maritime College Act 1978

Item 1 Paragraph 15(4)(b)

Amends paragraph 15(4)(b) to have the effect of providing that a member appointed as Chairperson or Deputy Chairperson may resign his/her office as Chairperson or Deputy Chairperson by writing signed by him/her and delivered to the Council. Currently the resignation must be delivered to the Minister.

Item 2 After subsection 15(4)

Inserts a new section 15(4A) which provides that, if a member appointed as Chairperson or Deputy Chairperson resigns his/her office as Chairperson or Deputy Chairperson under paragraph 15(4)(b), the Council must notify the Minister in writing of the resignation as soon as practicable after receiving it.

Item 3 Paragraph 17(2)(b)

Repeals paragraph 17(2)(b) which provided that the Minister must remove a member from the Council if the member has (in the Council's opinion) breached his/her duties under sections 22A, 22B, 22C, 22D, 22E or 22F as a member.

Item 4 At the end of section 17

Inserts new subsections 17(4), (5) and (6). Section 17 deals with the removal of a person from the Council.

Proposed new subsection 17(4) provides that the Council must remove a member from the Council if the member has (in the Council's opinion formed by resolution as mentioned in subsection 17(5)) breached his/her duties under sections 22A, 22B, 22C, 22D, 22E or 22F as a member of the Council.

Proposed new subsection 17(5) provides that, for the purposes of subsection 17(4), the Council forms its opinion by resolution if the resolution is passed at a meeting of the Council by at least a two thirds majority of the members of the Council.

Proposed new subsection 17(6) provides that, if a member is removed from the Council under subsection 17(4), the Council must notify the Minister in writing of the removal as soon as practicable after the member has been removed.

Item 5 Subsections 26(2) and (2A)

Repeals subsections 26(2) and (2A) (which provided for the Minister to appoint the Principal having regard to the advice of the Council) and substitutes new subsections 26(2) and (2A).

Proposed new subsection 26(2) provides that the Council must appoint the Principal while proposed new subsection 26(2A) provides that the Council must not appoint the Principal under subsection 26(2) without the Minister's agreement.

Item 6 Subsection 26(4)

Amends subsection 26(4) so that it has the effect of providing that the Principal shall hold office, unless he or she resigns from office under subsection 26(5) (inserted by item 7) or is removed from the Council under section 17, for such period as is specified in his or her instrument of appointment, being a period that does not exceed:

(a)

in the case of the first Principal-5 years; or

(b)

in any other case-7 years;

but is eligible for re-appointment.

Item 7 After subsection 26(4)

Inserts new subsection 26(5) and (5A).

Proposed new subsection 26(5) provides that the Principal may resign his/her office as Principal by writing signed by him/her and delivered to the Council while proposed new subsection 26(5A) provides that, if the Principal resigns under subsection 26(5), the Council must notify the Minister in writing of the resignation as soon as practicable after receiving it.

Item 8 Subsection 27(4)

Amends subsection 27(4) so that it has the effect of providing that the appointment of an acting Principal ceases to have effect if he or she resigns the appointment by writing signed by him or her and delivered to the Council. Currently the resignation must be delivered to the Minister.

Item 9 After subsection 27(4)

Inserts a new subsection 27(4A) which provides that if an acting Principal resigns under subsection 27(4), the Council must notify the Minister in writing of the resignation as soon as practicable after receiving it.

Item 10 Application and savings

Sub item 10(1) provides that a person who, immediately before the commencement of this item, had been appointed under section 26 as Principal continues to hold office as Principal on and after the commencement of this item for the balance of the term of his/her appointment, as if the person had been appointed under that section (as amended by this Act).

Sub item 10(2) provides that the amendment made by item 4 of Schedule 4 applies to each person holding office as a member of the Council on or after the commencement of that item, whether that person was appointed to that office before or after that commencement.