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COMMONWEALTH FUNCTIONS (STATUTES REVIEW) ACT 1981 - SECT 159

Interpretation

Section   4 of the Principal Act is amended by inserting after the definition of scholarship in subsection   ( 1) the following definitions:

"school" means a school or any similar institution at which pre - school, primary, secondary or technical or further education is provided, but does not include a university as defined by the Commonwealth Tertiary Education Commission Act 1977 or a college of advanced education as defined by that Act.

"Secretary" means the Secretary to the Department of Education.

"State" includes the Northern Territory .

160

Part   II of the Principal Act is repealed and the following Part is substituted:

 

Part   II--Administration

6   Object of Act

    The object of this Act is to provide for the employment of persons who are to be made available for the performance of teaching duties in Commonwealth schools and certain other schools.

7   Functions of relevant authorities

  (1)   The functions of the relevant authorities are to make officers and temporary employees available for the performance of teaching duties as mentioned in section   6.

  (2)   The relevant authority in relation to a component of the Service may, and if so directed by the Minister shall, make an officer of, or temporary employee engaged to perform services in relation to, that component available to the Government of a country other than Australia or to an authority of such a Government for the performance of teaching duties in a school or schools conducted in that country by that Government or authority or, in the case of Papua New Guinea, by a body other than the Government or an authority of the Government.

  (3)   Where a State or an authority of a State has made, or proposes to make, a person or persons available to an authority or authorities conducting a Commonwealth school or Commonwealth schools for the performance of teaching duties in that school or those schools, a relevant authority in relation to a component of the Service may, and if so directed by the Minister shall, make an officer of, or temporary employee engaged to perform services in relation to, that component available to that State or to that authority of that State for the performance of teaching duties in a school or schools conducted by that State or by that authority of that State.

  (4)   A relevant authority shall not direct an officer to perform duties under subsection 7(2) or (3) unless the officer consents to perform those duties.

  (5)   Where a relevant authority makes a person available to an authority that conducts two or more schools, the last - mentioned authority may make use of the services of the person in whichever of those schools that authority thinks fit.

  (6)   A relevant authority has power to do all things necessary or convenient for the purposes of this section.

8   Delegation

  (1)   A relevant authority may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person any of the powers of that relevant authority under this Act other than this power of delegation.

  (2)   A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the relevant authority.

  (3)   A delegation under this section does not prevent the exercise of a power by a relevant authority.



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