Australian Capital Territory Repealed Acts
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This legislation has been repealed.
VOCATIONAL TRAINING ACT 1989 - SECT 3
3. The Acts specified in the Schedule are repealed.
Position of Crown
4. (1) This Act binds the Crown.
(2) Nothing in this Act
renders the Crown liable to be prosecuted for an offence.
Matters covered by federal awards
5. (1) Nothing in this Act shall be read as
applying in relation to any matter with respect to which a federal award
applies.
(2) Subsection (1) shall not be taken to prevent the operation of
this Act to the extent to which it is capable of operating concurrently with a
federal award.
Interpretation
6. (1) In this Act, unless the contrary intention
appears—
“Administrative Appeals Tribunal” means the
Australian Capital Territory Administrative Appeals Tribunal;
“apprentice” means a person whom an employer has undertaken to
train under a contract of training in a trade;
“appropriate form”
means a form in writing approved by the Chief Executive for the purposes of
the provision in which the expression occurs;
“approved training
program” means a training program determined by the Authority under
section 40;
“Authority” means the Vocational Training Authority
established by section 7 ;
“certificate of recognition” means a
certificate issued under section 89;
“Chief Executive” means the
Chief Executive of the Authority appointed under section 24;
“commencement date” means the date of commencement of this Act;
“contract of training” means a contract in writing—
(a) in accordance with terms determined by
the Authority under section 46; or
(b)
where, under section 48, the Authority approves a variation of the
terms so determined—in accordance with those terms as varied in
accordance with the approval;
“declared vocation” means a
vocation, other than a trade, that is, under the regulations, a declared
vocation for the purposes of this definition;
“federal award”
means— (a) an award within
the meaning of the Industrial Relations Act 1988 of the Commonwealth; or
(b) an award or order continued in
force by subsection 7 (1) of the Industrial Relations (Consequential
Provisions) Act 1988 of the Commonwealth as if it were an award under the
Industrial Relations Act 1988 of the Commonwealth;
“government
service” includes service for an authority or body, whether incorporated
or not, established for a public purpose by or under a law of the Territory,
the Commonwealth, a State or another Territory;
“Grievances
Committee” means the Grievances Committee of the Authority established
under section 34;
“industrial award” means—
(a) a federal award; or
(b) an award, determination or order made by a prescribed
person, tribunal or body under a prescribed law of the Territory;
“inspector” means an inspector appointed under section 26;
“Institute” means the A.C.T. Institute of Technical and Further
Education;
“occupier”, in relation to premises, includes a person
who is, or is reasonably believed to be, in charge of the premises;
“premises” includes— (a)
a structure, building, aircraft, vehicle or vessel;
(b) a place (whether enclosed or built upon or
not); and
(c) a part of premises
(including premises of a kind referred to in paragraph (a) or (b));
“prescribed vocation” means—
(a) a trade; or
(b) a
declared vocation;
“probationary period”, in relation to a
contract of training, means— (a)
if the trainee under the contract is an apprentice—
(i) the 3 months; or
(ii) if a
period is prescribed for the purposes of this paragraph—the prescribed
period;
commencing on the day on which the apprentice commences employment
under the contract; and
(b) in any
other case—
(i)
the month; or
(ii)
if a period is prescribed for the purposes of this
paragraph—the prescribed period;
commencing on the day on which the
trainee commences employment under the contract;
“repealed Act”
means the Apprenticeship Act 1936 , as in force immediately before the
commencement date;
“trade” means a vocation, other than a declared
vocation, declared by the regulations to be a trade;
“Trades and Labour
Council” means the body corporate known as the Trades and Labour Council
of the A.C.T. Incorporated;
“trainee” means—
(a) an apprentice; or
(b) a person whom an employer has undertaken to train under a
contract of training in a declared vocation;
“training” means
training, whether by way of a course of study, instruction or practical
training, in the knowledge and skills required for a vocation in industry or
commerce or in any government service;
“Training Advisory
Committee” means a Training Advisory Committee established under section
29;
“transitional apprentice” means an old scheme apprentice,
within the meaning of Part VI, in relation to whom the provisions applied by
subsection 94 (1) continue to have effect;
“transitional
probationer” means an old scheme probationer, within the meaning of Part
VI, in relation to whom the provisions applied by subsection 94 (1) continue
to have effect. (2) For the purposes of this Act, a person shall be taken to
be qualified in a prescribed vocation if, in respect of that vocation—
(a) the person has completed the
approved training program and holds the appropriate certificate issued by the
Authority;
(b) the person
holds—
(i)
a certificate issued under section 50;
(ii) a qualification accredited by the
Authority; or
(iii)
a certificate of recognition;
(c)
the person was, immediately before the commencement date, a tradesman
under the repealed Act; or
(d) the
person has completed an apprenticeship as a transitional apprentice and holds
a final certificate issued by the Authority under the provisions of the
repealed Act in their application by virtue of subsection 94 (1).