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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Vocational Education and Training (Commonwealth Powers)
Bill 2011
A BILL FOR
An Act to adopt the National Vocational Education and Training Regulator
Act 2011 of the Commonwealth and the National Vocational Education
and Training Regulator (Transitional Provisions) Act 2011 of the
Commonwealth, and to refer certain matters relating to the regulation of
vocational education and training to the Parliament of the Commonwealth, for the
purposes of section 51(xxxvii) of the Constitution of the
Commonwealth.
Contents
1Short title
2Commencement
3Definitions
4Adoption of National VET
legislation
5Termination of
adoption
6Referred VET
matters
7Reference of
matters
8Termination of
reference
9Amendment of
Commonwealth law
10Effect of termination of amendment reference
before termination of adoption of Commonwealth Acts
Schedule 1—Ancillary
arrangements
1Interpretation
2Commission may provide
information and assistance to National VET Regulator
3Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Vocational Education and Training
(Commonwealth Powers) Act 2011.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts
Interpretation Act 1915 does not apply to this Act or to a
provision of this Act.
In this Act, unless the contrary intention appears—
adoption means the adoption under
section 4(1);
amendment reference means the reference under
section 7(1);
express amendment of the National VET legislation means the
direct amendment of the text of the National VET legislation (whether by the
insertion, omission, repeal, substitution or relocation of words or matter) by
another Commonwealth Act, but does not include the enactment by a Commonwealth
Act of a provision that has or will have the substantive effect otherwise than
as part of the text of the National VET legislation;
National VET instrument means any instrument (whether or not
of a legislative character) that is made or issued under the National VET
legislation;
National VET legislation means—
(a) the National Vocational Education and Training Regulator
Act 2011 of the Commonwealth; and
(b) the National Vocational Education and Training Regulator
(Transitional Provisions) Act 2011 of the Commonwealth,
as in force from time to time;
referred VET matters—see
section 6;
relevant version of the National VET legislation
means—
(a) the National Vocational Education and Training Regulator
Act 2011 of the Commonwealth; and
(b) the National Vocational Education and Training Regulator
(Transitional Provisions) Act 2011 of the Commonwealth,
as in force immediately before the commencement of
section 4.
4—Adoption
of National VET legislation
(1) The relevant
version of the National VET legislation is adopted within the meaning of
section 51(xxxvii) of the Constitution of the
Commonwealth.
(2) The adoption has effect for a period—
(a) beginning when this section commences; and
(b) ending at the end of the day fixed under
section 5 as the
day on which the adoption is to terminate,
but no longer.
(1) The Governor
may, at any time, by proclamation published in the Gazette, fix a day as the day
on which the adoption is to terminate.
(2) The Governor may, by proclamation published in the Gazette, revoke a
proclamation published under
subsection (1),
in which case the revoked proclamation is taken (for the purposes of
section 4) never
to have been published.
(3) A revoking proclamation has effect only if published before the day
fixed under
subsection (1).
(4) The revocation of a proclamation published under
subsection (1)
does not prevent publication of a further proclamation under that
subsection.
(1) Each of the following matters is a referred VET
matter:
(a) the registration and regulation of vocational education and training
organisations;
(b) the accreditation or other recognition of vocational education and
training courses or programs;
(c) the issue and cancellation of vocational education and training
qualifications or statements of attainment;
(d) the standards to be complied with by a vocational education and
training regulator;
(e) the collection, publication, provision and sharing of information
about vocational education and training;
(f) investigative powers, sanctions and enforcement in relation to any of
the above.
(2) However, a referred VET matter does not include the matter of making a
law that excludes or limits the operation of a State law to the extent that the
State law makes provision with respect to—
(a) primary or secondary education (including the education of children
subject to compulsory school education); or
(b) tertiary education that is recognised as higher education and not
vocational education and training; or
(c) the rights and obligations of persons providing or undertaking
apprenticeships or traineeships; or
(d) the qualifications or other requirements to undertake or carry out any
business, occupation or other work (other than that of a vocational education
and training organisation); or
(e) the funding by the State of vocational education and training;
or
(f) the establishment or management of any agency of the State that
provides vocational education and training.
(3) In this section—
State law means any Act of the State or any instrument made
under such an Act, whenever enacted or made and as in force from time to
time.
(1) Each referred
VET matter is referred to the Parliament of the Commonwealth, but only to the
extent of the making of laws with respect to such a matter by making express
amendments of the National VET legislation.
(2) The reference of a matter under
subsection (1)
has effect only—
(a) if and to the extent that the matter is not included in the
legislative powers of the Parliament of the Commonwealth (otherwise than by a
reference under section 51(xxxvii) of the Constitution of the
Commonwealth); and
(b) if and to the extent that the matter is included in the legislative
powers of the Parliament of the State.
(3) Despite any other provision, the reference has effect for a
period—
(a) beginning when this section commences; and
(b) ending at the end of the day fixed under
section 8 as the
day on which the reference is to terminate,
but no longer.
(1) The Governor
may, at any time, by proclamation published in the Gazette, fix a day as the day
on which the amendment reference terminates.
(2) A day fixed under
subsection (1)
must be no earlier than the first day after the end of the period of
6 months beginning with the day on which the proclamation is
published.
(3) The Governor may, by proclamation published in the Gazette, revoke a
proclamation published under
subsection (1),
in which case the revoked proclamation is taken (for the purposes of
section 7) never
to have been published.
(4) A revoking proclamation has effect only if published before the day
fixed under
subsection (1).
(5) The revocation of a proclamation published under
subsection (1)
does not prevent publication of a further proclamation under that
subsection.
9—Amendment
of Commonwealth law
For the avoidance of doubt, it is the intention of the Parliament of the
State that—
(a) the National
VET legislation may be expressly amended, or have its operation otherwise
affected, at any time by provisions of Commonwealth Acts the operation of which
is based on any legislative powers that the Parliament of the Commonwealth has
on account of a reference of any matters, or the adoption of the relevant
version of the National VET legislation, under section 51(xxxvii) of the
Constitution of the Commonwealth; and
(b) the National
VET legislation may be expressly amended, or have its operation otherwise
affected, at any time by provisions of Commonwealth Acts the operation of
which is based on legislative powers that the Parliament of the Commonwealth has
apart from a reference of any matters, or the adoption of the relevant version
of the National VET legislation, under section 51(xxxvii) of the
Constitution of the Commonwealth; and
(c) the National
VET legislation may have its operation affected, otherwise than by express
amendment, at any time by provisions of National VET instruments.
10—Effect
of termination of amendment reference before termination of adoption of
Commonwealth Acts
(1) If the
amendment reference is terminated but the adoption of the relevant version of
the National VET legislation is not terminated, the termination of the amendment
reference does not affect—
(a) laws that were
made under the amendment reference (but not repealed) before that termination
(whether or not they have come into operation before that termination);
or
(b) the continued
operation in this State of the National VET legislation as in operation
immediately before that termination or as subsequently amended or affected
by—
(i) laws referred to in
paragraph (a)
that come into operation after that termination; or
(ii) provisions referred to in
section 9(b)
or
(c).
(2) Accordingly, the amendment reference continues to have effect for the
purposes of
subsection (1)
unless the adoption is terminated.
(3)
Subsection (1)
does not apply to or in relation to an amendment of the National VET legislation
that is excluded from the operation of this section by the proclamation that
terminates the amendment reference.
(4) For the purposes of
subsection (1)—
(a) the laws referred to in
subsection (1)(a)
include National VET instruments; and
(b) the reference in
subsection (1)(b)
to the National VET legislation as in operation immediately before the
termination of the amendment reference includes that legislation as affected by
National VET instruments that have come into operation before that
time.
Schedule 1—Ancillary
arrangements
In this Schedule, unless the contrary intention appears—
Commission means the Training and Skills Commission
established under the
Training
and Skills Development Act 2008;
National VET Regulator or Regulator means the
body established under the National VET legislation.
2—Commission
may provide information and assistance to National VET
Regulator
Despite any other Act or law, the Commission is authorised to provide to
the National VET Regulator or an agency of the Commonwealth (whether at the
request of the Regulator or the agency or otherwise)—
(a) such documents and other information in the possession or control of
the Commission that may reasonably be required by the Regulator or agency in
connection with the performance or exercise of its functions or powers under the
National VET legislation; and
(b) such other assistance as is reasonably required by the Regulator or
agency to perform or exercise a function or power under the National VET
legislation.
(1) The Governor
may, by regulation, make additional provisions of a saving or transitional
nature consequent on—
(a) the enactment of this Act; or
(b) the transition from the application of provisions of the Training
and Skills Development Act 2008, or any other law of the State
otherwise relating to vocational education and training, to the application of
provisions under the National VET legislation.
(2) A provision of
a regulation made under
subclause (1)
may, if the regulation so provides, take effect from the commencement of the
relevant Act or from a later day.
(3) To the extent to which a provision takes effect under
subclause (2)
from a day earlier than the day of the regulation's publication in the Gazette,
the provision does not operate to the disadvantage of a person
by—
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.