Commonwealth Numbered Acts

AUSTRALIAN NATIONAL TRAINING AUTHORITY AMENDMENT ACT (No. 2) 1993 No. 111 of 1993 - SECT 4

4. The following section is inserted in Part 8 of the Principal Act
immediately before section 48: Transfer of administration of certain national
programs to the Authority

"47A.(1) In this section:
'agreement' includes contract;
'transfer day', in relation to a particular transferred agreement, means the
day on which a declaration under subsection (2) relating to that agreement
takes effect;
'transferred agreement' means an agreement specified in a declaration under
subsection (2).

"(2) The Minister may declare in writing:

   (a)  that a specified agreement entered into by the Commonwealth was made
        for the purposes of a specified national program; and

   (b)  that this section is to apply to the agreement.

"(3) The day on which a declaration under subsection (2) takes effect is
ascertained in the following way:

   (a)  if the declaration relating to the agreement is expressed to take
        effect on a specified day, the transfer day is:

        (i)    that day; or

        (ii)   the day on which a copy of the declaration is given by the
               Commonwealth to the other party to the agreement; whichever is
               the later;

   (b)  if the declaration is not so expressed, the transfer day is the day on
        which a copy of the declaration is given by the Commonwealth to the
        other party to the agreement.

"(4) A copy of a declaration may be given to a person by post.

"(5) On and after the transfer day, a transferred agreement has effect as if:

   (a)  the Authority were a party to the agreement instead of the
        Commonwealth; and

   (b)  any reference in the agreement to the Commonwealth in its capacity as
        a party to the agreement were a reference to the Authority; and

   (c)  any reference in the agreement to the Department of Employment,
        Education and Training (however expressed) were a reference to the
        Authority; and

   (d)  any reference in the agreement to an officer of that Department were a
        reference to the Chief Executive Officer of the Authority; and

   (e)  anything done by or for the Commonwealth, before the transfer day, in
        connection with the agreement had been done by the Authority; and

   (f)  any payment made to the Commonwealth, before the transfer day, in
        connection with the agreement had been made to the Authority.

"(6) The Minister may delegate the power conferred by subsection (2) to the
Secretary to the Department.".