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2004-2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
SKILLING AUSTRALIA'S WORKFORCE (REPEAL AND TRANSITIONAL
PROVISIONS) BILL 2005
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Vocational and Technical Education
the Honourable Gary Hardgrave MP)
SKILLING AUSTRALIA'S WORKFORCE (REPEAL AND
TRANSITIONAL PROVISIONS) BILL 2005
OUTLINE
The Australian National Training Authority (ANTA) was established in 1992 to coordinate the
levels of government in establishing a national vocational education and training system.
On 22 October 2004, the Prime Minister announced the abolition of ANTA and the transfer of
ANTA's functions to the Department of Education, Science and Training from July 2005.
The Bill will repeal the Australian National Training Authority Act 1992 (the ANTA Act) and the
Vocational Education and Training Funding Act 1992.
The Bill provides for the transitional arrangements for the transfer of functions and responsibilities
from ANTA to the Department of Education, Science and Training, including arrangements for
the transfer of assets, liabilities and custody of records to the Commonwealth.
This Bill is linked to the Skilling Australia's Workforce Bill 2005 which is the vehicle for the
Government's new national training arrangements following the abolition of ANTA.
FINANCIAL IMPACT
Ongoing savings of $3.096 million per year will be realised from 2006-07 through the abolition of
ANTA. These savings will be achieved primarily through the elimination of duplication in
management and corporate support services ($2.646m) and minor administrative savings
($0.450m).
SKILLING AUSTRALIA'S WORKFORCE (REPEAL AND TRANSITIONAL
PROVISIONS) BILL 2005
NOTES ON CLAUSES
Clause 1 - Short title
Provides for the Act to be cited as the Skilling Australia's Workforce (Repeal and Transitional
Provisions) Act 2005.
Clause 2 - Commencement
Provides for sections 1 to 3 of the Act to commence on the day on which it receives the Royal
Assent.
Schedules 1 and 2 commence at the same time as the commencement of sections 3 to 47 of the
Skilling Australia's Workforce Act 2005.
Clause 3 - Schedule(s)
Provides that each Act that is specified in a Schedule is amended or repealed as set out in the
applicable items in the Schedule and that any other item in a Schedule has effect according to its
terms.
Schedule 1 - Transitional provisions
Part 1 - Definitions
Item 1 - Definitions
Contains definitions of the terms and expressions used in the Act.
Part 2--Assets, liabilities and legal proceedings
Item 2 - Vesting of assets of ANTA
Provides that any assets owned by ANTA immediately before the transition time will, at the
transition time, become the assets of the Commonwealth without the need for any conveyance,
transfer or assignment. The Commonwealth becomes the successor in law in relation to these
assets.
The `transition time' is defined in item 1 as the time at which sections 3 to 47 of the Skilling
Australia's Workforce Act 2005 commence.
Item 3 - Vesting of liabilities of ANTA
Provides that the liabilities of ANTA existing immediately before the transition time will, at the
transition time, become liabilities of the Commonwealth without the need for any conveyance,
transfer or assignment. The Commonwealth becomes the successor in law in relation to these
liabilities.
Item 4 - Substitution of the Commonwealth as a party to pending proceedings
Provides that if there were any proceedings pending in any court or tribunal to which ANTA was
a party immediately before the transition time, the Commonwealth is substituted for ANTA as a
party to the proceedings from the transition time.
Item 5 - Transfer of custody of ANTA records
Provides that any records or documents in the custody of ANTA immediately before the transition
time are to be transferred to the custody of the Commonwealth at or after the transition time.
Part 3--Miscellaneous
Item 6 - Instruments
Provides that instruments to which this item applies continue to have effect on and after the
transition time as if a reference in the instrument to ANTA were a reference to the
Commonwealth.
This item applies to an instrument if the instrument was in force immediately before the transition
time, and it is an instrument to which one or more of the following apply:
an instrument that was made by ANTA;
an instrument to which ANTA was a party;
an instrument that was given to, or in favour of, ANTA;
an instrument under which any right or liability accrues or may accrue to ANTA; or
any other instrument in which a reference is made to ANTA.
Item 7 - Members of ANTA
Provides that a person who held office as a member of ANTA immediately before the transition
time ceases to hold that office at the transition time.
Item 8 - Repayment of payments made by ANTA
This item deals with payments made on particular terms and conditions by ANTA to States or
other persons under Part 3 of the ANTA Act, and provides for repayment to the Commonwealth
if the Minister is satisfied that there has been a failure to fulfil a term or condition of the payment.
Subitem 8(1) provides that if, before the transition time, ANTA had made a payment to a State or
to another person under Part 3 of the ANTA Act on particular terms and conditions, the
Commonwealth is treated, on and after that time, as if it had made the payment on the same terms
and conditions. Paragraph 8(1)(b) provides that if the Minister is satisfied that the State or other
person has failed to fulfil a term or condition on which the payment has been made, the Minister
may, on behalf of the Commonwealth, give notice that the Minister is satisfied of the failure to
fulfil a term or condition.
Subitem 8(2) provides that a State or another person to whom a notice is given by the
Commonwealth under paragraph (1)(b) is liable to pay immediately to the Commonwealth an
amount equal to the amount of the payment or the amount that is specified in the notice.
Subitem 8(3) provides that a notice given under paragraph (1)(b) is not a legislative instrument.
This provision is included to assist readers, as a notice given under paragraph (1)(b) is not a
legislative instrument within the meaning of section 5 of the Legislative Instruments Act 2003.
Subitem 8(4) provides that this item does not affect the availability to the Commonwealth of any
legal or equitable remedy for a failure to fulfil a term or condition of a payment that was made by
ANTA, before the transition time, to a State or to another person.
Item 9 - Annual audit reports by States - payments in respect of 2004 and 2005
Subitem 9(1) provides that item 9 applies in respect of the reporting periods of the year 2004, and
the 6 month period ending on 30 June 2005.
Subitem 9(2) requires each State to which funds were paid by ANTA for the relevant reporting
period to give the Minister a written statement by a qualified auditor specifying the amounts of
those funds spent in respect of the period and certifying that the amounts so spent were spent for
the purposes for which they were allocated to the State by ANTA.
Subitem 9(3) provides that the statement must be given to the Minister:
for the year 2004--not later than 30 September 2005; and
for the 6 month period ending on 30 June 2005--not later than 31 December 2005.
Subitem 9(4) provides that this item does not apply to a State in respect of the year 2004 if the
State has given a report to the Minister for that year under section 17 of the ANTA Act before
the transition time.
Item 10 - Final financial reports
Subitem 10(1) requires the Minister to prepare the report referred to in section 9 of the
Commonwealth Authorities and Companies Act 1997 for ANTA for the financial year ending on
30 June 2005.
Subitem 10(2) provides that the obligation imposed on ANTA under section 9 of the
Commonwealth Authorities and Companies Act 1997 to prepare an annual report for the financial
year ending 30 June 2005 is satisfied if the report is prepared by the Minister.
Item 11 - Final annual national report
Subitem 11(1) requires the Minister, as soon as practicable after the transition time, to lay before
each House of the Parliament an annual report for the year 2004, representing the draft annual
national report prepared by ANTA for that year under section 18 of the ANTA Act.
Subitem 11(2) provides that the draft annual national report for 2005 prepared by the Minister
under section 44 of the Skilling Australia's Workforce Act 2005 must include the information for
the 6 month period ending on 30 June 2005 that ANTA would have been required to include in
the draft annual national report under section 18 of the ANTA Act
Item 12 - Exemption from stamp duty and other State or Territory taxes
Subitem 12(1) provides that no stamp duty or other tax is payable under a law of a State or a
Territory in respect of an exempt matter, or anything connected with an exempt matter.
An `exempt matter' is defined in subitem 12(2) as the vesting of an asset or liability under this
Schedule, or the operation of this Schedule in any other respect.
Subitem 12(3) provides that the Minister may certify in writing that a specified matter is an
exempt matter, or that a specified thing was connected with a specified exempt matter.
Subitem 12(4) states that in all courts and for all purposes, except for the purposes of criminal
proceedings, a certificate under subitem (3) is prima facie evidence of the matters stated in the
certificate.
Subitem 12(5) provides that a certificate under subitem (3) is not a legislative instrument. This
provision is included to assist readers, as a certificate made under subitem (3) is not a legislative
instrument within the meaning of section 5 of the Legislative Instruments Act 2003.
Item 13 - Certificates taken to be authentic
Provides that a document appearing to be a certificate made or issued under a provision of this
Schedule is taken to be such a certificate and is taken to have been properly given unless the
contrary is established.
Item 14 - Delegation by Minister
Provides that the Minister may, by writing, delegate to the Secretary or an SES employee in the
Department any or all of the Minister's powers under Schedule 1.
Item 15 - Regulations
Provides that the Governor-General may make regulations prescribing matters required or
permitted by Schedule 1 to be prescribed (or necessary or convenient to be prescribed) for
carrying out or giving effect to Schedule 1.
Schedule 2 - Repeal of Acts
Australian National Training Authority Act 1992
Item 1
Repeals the whole of the Act.
Vocational Education and Training Funding Act 1992
Item 2
Repeals the whole of the Act.