2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 (Education, Science and Training) A Bill for an Act to repeal certain Acts relating to vocational education and training, to deal with transitional matters arising from the repeal of those Acts, and for related purposes [Page Break] 1 Short title.......................................................................................1 2 Commencement .............................................................................1 3 Schedule(s)....................................................................................2 Schedule 1--Transitional provisions 3 Part 1--Definitions 3 Part 2--Assets, liabilities and legal proceedings 4 Part 3--Miscellaneous 5 Schedule 2--Repeal of Acts 9 Australian National Training Authority Act 1992 9 Vocational Education and Training Funding Act 1992 9 i Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 [Page Break] 2 vocational education and training, to deal with 3 transitional matters arising from the repeal of those 4 Acts, and for related purposes 5 The Parliament of Australia enacts: 6 1 Short title 7 This Act may be cited as the Skilling Australia's Workforce 8 (Repeal and Transitional Provisions) Act 2005. 9 2 Commencement 10 (1) Each provision of this Act specified in column 1 of the table 11 commences, or is taken to have commenced, in accordance with 12 column 2 of the table. Any other statement in column 2 has effect 13 according to its terms. Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 1 [Page Break] Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedules 1 At the same time as sections 3 to 47 of the and 2 Skilling Australia's Workforce Act 2005 commence. 2 Note: This table relates only to the provisions of this Act as originally 3 passed by the Parliament and assented to. It will not be expanded to 4 deal with provisions inserted in this Act after assent. 5 (2) Column 3 of the table contains additional information that is not 6 part of this Act. Information in this column may be added to or 7 edited in any published version of this Act. 8 3 Schedule(s) 9 Each Act that is specified in a Schedule to this Act is amended or 10 repealed as set out in the applicable items in the Schedule 11 concerned, and any other item in a Schedule to this Act has effect 12 according to its terms. 2 Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 [Page Break] Definitions Part 1 1 2 Schedule 1--Transitional provisions 3 Part 1--Definitions 4 1 Definitions 5 In this Schedule, unless the contrary intention appears: 6 ANTA means the Australian National Training Authority that was 7 established under section 5 of the ANTA Act. 8 ANTA Act means the Australian National Training Authority Act 1992 9 as in force immediately before the transition time. 10 asset means: 11 (a) any legal or equitable estate or interest in real or personal 12 property, whether actual, contingent or prospective; and 13 (b) any right, power, privilege or immunity, whether actual, 14 contingent or prospective. 15 liability means any liability, duty or obligation, whether actual, 16 contingent or prospective. 17 transition time means the time at which sections 3 to 47 of the Skilling 18 Australia's Workforce Act 2005 commence. Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 3 [Page Break] Part 2 Assets, liabilities and legal proceedings 1 2 Part 2--Assets, liabilities and legal proceedings 3 2 Vesting of assets of ANTA 4 (1) This item applies to the assets of ANTA immediately before the 5 transition time. 6 (2) At the transition time, the assets to which this item applies cease to be 7 assets of ANTA and become assets of the Commonwealth without any 8 conveyance, transfer or assignment. The Commonwealth becomes the 9 successor in law in relation to these assets. 10 3 Vesting of liabilities of ANTA 11 (1) This item applies to the liabilities of ANTA immediately before the 12 transition time. 13 (2) At the transition time, the liabilities to which this item applies cease to 14 be liabilities of ANTA and become liabilities of the Commonwealth 15 without any conveyance, transfer or assignment. The Commonwealth 16 becomes the successor in law in relation to these liabilities. 17 4 Substitution of the Commonwealth as a party to pending 18 proceedings 19 If any proceedings to which ANTA was a party were pending in any 20 court or tribunal immediately before the transition time, the 21 Commonwealth is substituted for ANTA, from the transition time, as a 22 party to the proceedings. 23 5 Transfer of custody of ANTA records 24 (1) This item applies to any records or documents that were in the custody 25 of ANTA immediately before the transition time. 26 (2) The records and documents are to be transferred into the custody of the 27 Commonwealth at or after the transition time. 4 Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 [Page Break] Miscellaneous Part 3 1 2 Part 3--Miscellaneous 3 6 Instruments 4 (1) This item applies to an instrument if it: 5 (a) was in force immediately before the transition time; and 6 (b) is an instrument covered by one or more of the following 7 subparagraphs: 8 (i) an instrument that was made by ANTA; 9 (ii) an instrument to which ANTA was a party; 10 (iii) an instrument that was given to, or in favour of, ANTA; 11 (iv) an instrument under which any right or liability accrues 12 or may accrue to ANTA; 13 (v) any other instrument in which a reference is made to 14 ANTA. 15 (2) An instrument to which this item applies continues to have effect on 16 and after the transition time as if a reference in the instrument to ANTA 17 were a reference to the Commonwealth. 18 7 Members of ANTA 19 A person who, immediately before the transition time, held office as a 20 member of ANTA ceases at the transition time, by force of this item, to 21 hold that office. 22 8 Repayment of payments made by ANTA 23 (1) If, before the transition time, ANTA had made a payment to a State or 24 to another person under Part 3 of the ANTA Act on particular terms and 25 conditions: 26 (a) the Commonwealth is treated, on and after that time, as if it 27 had made the payment on the same terms and conditions; and 28 (b) if the Minister is satisfied that the State or other person has 29 failed to fulfil such a term or condition--the Minister may, 30 on behalf of the Commonwealth, give notice to the State or 31 the other person that the Minister is so satisfied. 32 (2) A State or another person to whom a notice is given by the 33 Commonwealth under paragraph (1)(b) is liable to pay to the 34 Commonwealth, immediately, an amount equal to: Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 5 [Page Break] Part 3 Miscellaneous 1 (a) the amount of the payment; or 2 (b) so much of the amount of the payment as is specified in the 3 notice. 4 (3) A notice given under paragraph (1)(b) is not a legislative instrument. 5 (4) This item does not affect the availability to the Commonwealth of any 6 legal or equitable remedy for a failure to fulfil a term or condition of a 7 payment that was made by ANTA, to a State or to another person, 8 before the transition time under Part 3 of the ANTA Act. 9 9 Annual audit reports by States--payments in respect of 10 2004 and 2005 11 (1) This item applies in respect of the following reporting periods: 12 (a) the year 2004; 13 (b) the 6 month period ending on 30 June 2005. 14 (2) Each State to which funds were paid by ANTA in respect of the 15 reporting period must give the Minister a written statement by a 16 qualified auditor: 17 (a) specifying the amounts of those funds spent in respect of the 18 period; and 19 (b) certifying that the amounts so spent were spent for the 20 purposes for which they were allocated to the State by 21 ANTA. 22 (3) The statement must be given to the Minister: 23 (a) in respect of the year 2004--not later than 30 September 24 2005; and 25 (b) in respect of the 6 month period ending on 30 June 2005-- 26 not later than 31 December 2005. 27 (4) This item does not apply to a State in respect of the year 2004 if the 28 State has given a report to the Minister in respect of that year under 29 section 17 of the ANTA Act before the transition time. 30 10 Final financial reports 31 (1) The Minister must prepare the report referred to in section 9 of the 32 Commonwealth Authorities and Companies Act 1997 in relation to 33 ANTA for the financial year ending on 30 June 2005. 6 Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 [Page Break] Miscellaneous Part 3 1 (2) The obligation under section 9 of the Commonwealth Authorities and 2 Companies Act 1997 imposed on ANTA to prepare an annual report for 3 the financial year ending on 30 June 2005 is satisfied if the report is 4 prepared by the Minister. 5 11 Final annual national report 6 (1) The Minister must, as soon as practicable after the transition time, cause 7 to be laid before each House of the Parliament an annual national report 8 for the year 2004, representing the draft annual national report prepared 9 by ANTA for that year under section 18 of the ANTA Act. 10 (2) The draft annual national report for 2005 prepared by the Minister 11 under section 44 of the Skilling Australia's Workforce Act 2005 must 12 include the information for the 6 month period ending on 30 June 2005 13 that ANTA would have been required to include in the draft annual 14 national report under section 18 of the ANTA Act. 15 12 Exemption from stamp duty and other State or Territory 16 taxes 17 (1) No stamp duty or other tax is payable under a law of a State or a 18 Territory in respect of an exempt matter, or anything connected with an 19 exempt matter. 20 (2) For the purposes of this item, an exempt matter is: 21 (a) the vesting of an asset or liability under this Schedule; or 22 (b) the operation of this Schedule in any other respect. 23 (3) The Minister may certify in writing: 24 (a) that a specified matter is an exempt matter; or 25 (b) that a specified thing was connected with a specified exempt 26 matter. 27 (4) In all courts, and for all purposes (other than for the purposes of 28 criminal proceedings), a certificate under subitem (3) is prima facie 29 evidence of the matters stated in the certificate. 30 (5) A certificate under subitem (3) is not a legislative instrument. 31 13 Certificates taken to be authentic 32 A document that appears to be a certificate made or issued under a 33 particular provision of this Schedule: Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 7 [Page Break] Part 3 Miscellaneous 1 (a) is taken to be such a certificate; and 2 (b) is taken to have been properly given; 3 unless the contrary is established. 4 14 Delegation by Minister 5 (1) The Minister may, by writing, delegate all or any of his or her powers 6 and functions under this Schedule to: 7 (a) the Secretary of the Department; or 8 (b) an SES employee, or acting SES employee, in the 9 Department. 10 (2) In exercising powers or functions under a delegation, the delegate must 11 comply with any directions of the Minister. 12 15 Regulations 13 (1) The Governor-General may make regulations prescribing matters: 14 (a) required or permitted by this Schedule to be prescribed; or 15 (b) necessary or convenient to be prescribed for carrying out or 16 giving effect to this Schedule. 17 (2) In particular, regulations may be made prescribing matters of a 18 transitional nature (including prescribing any saving or application 19 provisions) relating to: 20 (a) the amendments or repeals made by this Act; or 21 (b) the enactment of this Act. 8 Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 [Page Break] 1 2 Schedule 2--Repeal of Acts 3 4 Australian National Training Authority Act 1992 5 1 The whole of the Act 6 Repeal the Act. 7 Vocational Education and Training Funding Act 1992 8 2 The whole of the Act 9 Repeal the Act. Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005 9