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This is a Bill, not an Act. For current law, see the Acts databases.
Vocational Education and Training
(Commonwealth Powers) Bill 2010
No , 2010
A Bill for
An Act 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; and for other
purposes.
Clause 1 Vocational Education and Training (Commonwealth Powers) Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Vocational Education and Training (Commonwealth 3
Powers) Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
In this Act: 8
amendment reference means the reference under section 6 (2). 9
continuing VET matter has the meaning given in section 5. 10
express amendment of the national VET legislation means the direct 11
amendment of the text of the national VET legislation (whether by the 12
insertion, omission, repeal, substitution or relocation of words or 13
matter) by another Commonwealth Act, but does not include the 14
enactment by a Commonwealth Act of a provision that has or will have 15
substantive effect otherwise than as part of the text of the national VET 16
legislation. 17
initial reference means the reference under section 6 (1). 18
initial VET matters has the meaning given in section 4. 19
national VET instrument means any instrument (whether or not of a 20
legislative character) that is made or issued under the national VET 21
legislation. 22
national VET legislation means Commonwealth Acts enacted in the 23
terms, or substantially in the terms, of the tabled text and as in force 24
from time to time. 25
tabled text means the text of the following proposed Bills for 26
Commonwealth Acts: 27
(a) National Vocational Education and Training Regulator 28
Bill 2010, 29
(b) National Vocational Education and Training Regulator 30
(Transitional Provisions) Bill 2010, 31
as tabled in the Legislative Assembly of New South Wales on 32
24 November 2010 by or on behalf of the Minister introducing the Bill 33
for the Vocational Education and Training (Commonwealth Powers) 34
Act 2010 of that State in the Legislative Assembly. 35
Page 2
Vocational Education and Training (Commonwealth Powers) Bill 2010 Clause 4
4 Initial VET matters 1
The initial VET matters are the matters to which the provisions of the 2
tabled text relate to the extent that those matters are included in the 3
legislative powers of the Parliament of the State. 4
5 Continuing VET matters 5
(1) Each of the following matters is a continuing VET matter to the extent 6
that it is included in the legislative powers of the Parliament of the State: 7
(a) the registration and regulation of vocational education and 8
training organisations, 9
(b) the accreditation or other recognition of vocational education and 10
training courses or programs, 11
(c) the issue and cancellation of vocational education and training 12
qualifications or statements of attainment, 13
(d) the standards to be complied with by a vocational education and 14
training regulator, 15
(e) the collection, publication, provision and sharing of information 16
about vocational education and training, 17
(f) investigative powers, sanctions and enforcement in relation to 18
any of the above. 19
(2) However, a continuing VET matter does not include the matter of 20
making a law that excludes or limits the operation of a State law to the 21
extent that the State law makes provision with respect to: 22
(a) primary or secondary education (including the education of 23
children subject to compulsory school education), or 24
(b) tertiary education that is recognised as higher education and not 25
vocational education and training, or 26
(c) the rights and obligations of persons providing or undertaking 27
apprenticeships or traineeships, or 28
(d) the qualifications or other requirements to undertake or carry out 29
any business, occupation or other work (other than that of a 30
vocational education and training organisation), or 31
(e) the funding by the State of vocational education and training, or 32
(f) the establishment or management of any agency of the State that 33
provides vocational education and training. 34
(3) In this section: 35
State law means any Act of the State or any instrument made under such 36
an Act, whenever enacted or made and as in force from time to time. 37
Page 3
Clause 6 Vocational Education and Training (Commonwealth Powers) Bill 2010
6 References 1
(1) The initial VET matters are referred to the Parliament of the 2
Commonwealth, but only to the extent of the making of laws with 3
respect to those matters by enacting Acts in the terms, or substantially 4
in the terms, of the tabled text. 5
(2) Each continuing VET matter is referred to the Parliament of the 6
Commonwealth, but only to the extent of the making of laws with 7
respect to the matter by making express amendments of the national 8
VET legislation. 9
(3) The operation of each of subsections (1) and (2) is not affected by the 10
other subsection. 11
(4) The reference of a matter under subsection (1) or (2) has effect only if 12
and to the extent that the matter is not included in the legislative powers 13
of the Parliament of the Commonwealth (otherwise than by a reference 14
for the purposes of section 51 (xxxvii) of the Constitution of the 15
Commonwealth). 16
(5) Despite any provision of this Act other than section 9 (4), a reference 17
under subsection (1) or (2) has effect for a period: 18
(a) beginning when the subsection under which the reference is made 19
commences, and 20
(b) ending at the end of the day fixed under section 8 as the day on 21
which the reference is to terminate, 22
but not longer. 23
7 Amendment of Commonwealth law 24
It is the intention of the Parliament of the State that: 25
(a) the national VET legislation may be expressly amended, or have 26
its operation otherwise affected, at any time by provisions of 27
Commonwealth Acts the operation of which is based on 28
legislative powers that the Parliament of the Commonwealth has 29
apart from a reference of any matters for the purposes of 30
section 51 (xxxvii) of the Constitution of the Commonwealth, 31
and 32
(b) the national VET legislation may have its operation affected, 33
otherwise than by express amendment, at any time by provisions 34
of national VET instruments. 35
Page 4
Vocational Education and Training (Commonwealth Powers) Bill 2010 Clause 8
8 Termination of references 1
(1) The Governor may, at any time, by proclamation published on the NSW 2
legislation website, fix a day as the day on which: 3
(a) the initial reference and the amendment reference are to 4
terminate, or 5
(b) the amendment reference is to terminate, or 6
(c) the initial reference is to terminate (if the amendment reference 7
has been previously terminated). 8
(2) A day fixed under subsection (1) must be no earlier than the first day 9
after the end of the period of 6 months beginning with the day on which 10
the proclamation is published. 11
(3) The Governor may, by proclamation published on the NSW legislation 12
website, revoke a proclamation published under subsection (1). 13
(4) A revoking proclamation has effect only if published before the day 14
fixed under subsection (1). 15
(5) If a revoking proclamation has effect the revoked proclamation is taken, 16
for the purposes of section 6, never to have been published but the 17
revocation does not prevent publication of a further proclamation under 18
subsection (1). 19
9 Effect of termination of amendment reference before termination of 20
initial reference 21
(1) In this section: 22
existing legislation means the national VET legislation as: 23
(a) amended by laws made under the amendment reference that have 24
come into operation before the termination, or 25
(b) amended or affected by provisions referred to in 26
section 7 (a) or (b) that have come into operation before the 27
termination, 28
and as in operation immediately before the termination. 29
termination means the termination of the amendment reference. 30
(2) A reference in this section to provisions referred to in section 7 (b) 31
includes a reference to national VET instruments made to carry out or 32
give effect to the national VET legislation as amended by laws made 33
under the amendment reference. 34
Page 5
Clause 10 Vocational Education and Training (Commonwealth Powers) Bill 2010
(3) It is the intention of the Parliament of the State that, if the amendment 1
reference terminates before the initial reference terminates, the 2
termination of the amendment reference does not affect: 3
(a) laws made under the amendment reference before the 4
termination, or 5
(b) the continued operation in the State of the existing legislation or 6
of the existing legislation as: 7
(i) amended after the termination by laws referred to in 8
paragraph (a) that come into operation after the 9
termination, or 10
(ii) amended or affected after the termination by provisions 11
referred to in section 7 (a) or (b). 12
(4) Accordingly, the amendment reference continues to have effect for the 13
purposes of subsection (3) unless the initial reference is terminated. 14
(5) Subsection (3) or (4) does not apply to or in relation to an amendment 15
of the national VET legislation that is excluded from the operation of 16
this section by the proclamation that terminates the amendment 17
reference. 18
10 Evidence of tabled text 19
(1) A certificate of the Clerk of the Legislative Assembly of New South 20
Wales certifying that a document is an accurate copy of the tabled text, 21
or is an accurate copy of a particular part or of particular provisions of 22
the tabled text, is admissible in evidence in any proceedings and is 23
evidence: 24
(a) of the matter certified, and 25
(b) that the text of the proposed Commonwealth Bills was tabled in 26
the Legislative Assembly of New South Wales as referred to in 27
the definition of tabled text in section 3. 28
(2) Subsection (1) does not affect any other way in which the tabling or 29
content of the tabled text, or the accuracy of a copy of the tabled text or 30
of a part or provisions of the tabled text, may be established. 31
Page 6
Vocational Education and Training (Commonwealth Powers) Bill 2010
Repeal Schedule 1
Schedule 1 Repeal 1
The Vocational Education and Training Act 2005 No 100 is repealed. 2
Page 7
Vocational Education and Training (Commonwealth Powers) Bill 2010
Schedule 2 Consequential amendment of other legislation
Schedule 2 Consequential amendment of other 1
legislation 2
2.1 Apprenticeship and Traineeship Act 2001 No 80 3
Dictionary 4
Omit the definition of registered training organisation. Insert instead: 5
registered training organisation means a NVR registered 6
training organisation within the meaning of the National 7
Vocational Education and Training Regulator Act 2011 of the 8
Commonwealth. 9
2.2 Board of Vocational Education and Training Act 1994 No 33 10
Section 6 Objects of the Board 11
Omit section 6 (i). 12
2.3 Education Act 1990 No 8 13
Section 21B Compulsory school-age 14
Omit "a vocational course within the meaning of the Vocational Education 15
and Training Act 2005" from section 21B (6) (b). 16
Insert instead "a VET accredited course within the meaning of the National 17
Vocational Education and Training Regulator Act 2011 of the 18
Commonwealth". 19
2.4 Fines Act 1996 No 99 20
Schedule 1 Statutory provisions under which penalty notices issued 21
Omit the following: 22
Vocational Education and Training Act 2005, section 45 23
2.5 Higher Education Act 2001 No 102 24
Section 3 Definitions 25
Omit "an accredited course within the meaning of the Vocational Education 26
and Training Act 2005" from the definition of post-graduate qualification in 27
section 3 (1). 28
Insert instead "a VET accredited course within the meaning of the National 29
Vocational Education and Training Regulator Act 2011 of the 30
Commonwealth". 31
Page 8
Vocational Education and Training (Commonwealth Powers) Bill 2010
Consequential amendment of other legislation Schedule 2
2.6 Public Finance and Audit Act 1983 No 152 1
Schedule 2 Statutory bodies 2
Omit "Vocational Education and Training Accreditation Board". 3
2.7 Public Sector Employment and Management Act 2002 No 43 4
Schedule 1, Part 3 Special Employment Divisions 5
Omit the matter relating to the Vocational Education and Training 6
Accreditation Board Division. 7
2.8 Technical and Further Education Commission Act 1990 8
No 118 9
Section 7 Miscellaneous functions 10
Omit section 7 (2) (a). Insert instead: 11
(a) in the case of the provision of accredited courses of study 12
and the conferring of educational awards or statements of 13
attainment in connection with those courses--the 14
provisions of the National Vocational Education and 15
Training Regulator Act 2011 of the Commonwealth, and 16
Page 9
Vocational Education and Training (Commonwealth Powers) Bill 2010
Schedule 3 Savings, transitional and other provisions
Schedule 3 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Definitions 4
In this Schedule: 5
national VET legislation means: 6
(a) the National Vocational Education and Training Regulator 7
Act 2011 of the Commonwealth, and 8
(b) the National Vocational Education and Training Regulator 9
(Transitional Provisions) Act 2011 of the Commonwealth. 10
National VET Regulator means the National Vocational Education and 11
Training Regulator established under the National Vocational 12
Education and Training Regulator Act 2011 of the Commonwealth. 13
NSW Vocational Education and Training Accreditation Board means 14
the Vocational Education and Training Accreditation Board established 15
under the Vocational Education and Training Act 2005 of New South 16
Wales immediately before the repeal of that Act by this Act. 17
2 Regulations 18
(1) The Governor may make regulations containing provisions of a savings 19
or transitional nature consequent on: 20
(a) the enactment of this Act, or 21
(b) the transition from the application of the provisions of the 22
Vocational Education and Training Act 2005 of New South 23
Wales to the application of the provisions of the National VET 24
legislation. 25
(2) If such a regulation so provides, it has effect despite any other provision 26
of this Schedule. 27
(3) A provision of a regulation made under this clause may, if the 28
regulations so provide, take effect from the date of assent to the Act 29
concerned or a later date. 30
(4) To the extent to which any such provision takes effect from a date that 31
is earlier than the date of its publication on the NSW legislation website, 32
the provision does not operate so as: 33
(a) to affect, in a manner prejudicial to any person (other than the 34
State or an authority of the State), the rights of that person 35
existing before the date of its publication, or 36
Page 10
Vocational Education and Training (Commonwealth Powers) Bill 2010
Savings, transitional and other provisions Schedule 3
(b) to impose liabilities on any person (other than the State or an 1
authority of the State) in respect of anything done or omitted to 2
be done before the date of its publication. 3
Part 2 Provisions consequent on enactment of this 4
Act 5
3 Dissolution of NSW VET Accreditation Board 6
(1) The NSW Vocational Education and Training Accreditation Board is 7
dissolved. 8
(2) A person who held office as a member of the Board immediately before 9
its dissolution ceases to hold office as a member of the Board and is not 10
entitled to any remuneration or compensation for loss of that office. 11
(3) Any assets, rights or liabilities of the Board immediately before its 12
dissolution become (subject to the National VET legislation) the assets 13
or liabilities of the Crown. 14
4 Construction of references to former NSW VET legislation and Board 15
(1) In any document: 16
(a) a reference to the Vocational Education and Training Act 2005 of 17
New South Wales extends to the national VET legislation, and 18
(b) a reference to a provision of that Act extends to the corresponding 19
provision (if any) of the national VET legislation, and 20
(c) a reference to the NSW Vocational Education and Training 21
Accreditation Board extends to the National VET Regulator, 22
except to the extent that the context or subject-matter otherwise 23
indicates or requires. 24
(2) In this clause, document means any Act (other than this Act) or 25
statutory instrument, or any other instrument, or any contract or 26
agreement. 27
5 Provision of information and assistance to National VET Regulator 28
(1) The Director-General of the Department of Education and Training, or 29
a person authorised in writing by the Director-General, may, on the 30
Director-General's or authorised person's own initiative or at the 31
request of the National VET Regulator or an agency of the 32
Commonwealth: 33
(a) provide the National VET Regulator or agency of the 34
Commonwealth with such documents and other information in 35
the possession or control of the Director-General that is 36
Page 11
Vocational Education and Training (Commonwealth Powers) Bill 2010
Schedule 3 Savings, transitional and other provisions
reasonably required by the Regulator or agency in connection 1
with the performance or exercise of its functions under the 2
National VET legislation, and 3
(b) provide the National VET Regulator or agency of the 4
Commonwealth with such other assistance as is reasonably 5
required by the Regulator or agency to perform or exercise a 6
function or power under the National VET legislation. 7
(2) A reference in this clause to any documents and other information in the 8
possession or control of the Director-General includes a reference to 9
any document or other information in the possession or control of the 10
NSW Vocational Education and Training Accreditation Board 11
immediately before its dissolution. 12
(3) This clause has effect despite any other Act or law. 13
6 Pending proceedings before ADT or State court 14
(1) Any proceedings relating to any matter arising under the provisions of 15
the Vocational Education and Training Act 2005 of New South Wales 16
that were commenced in the Administrative Decisions Tribunal or any 17
court before the repeal of that Act, but were not finally determined on 18
that repeal, may continue to be dealt with or otherwise determined 19
(including for the purposes of any appeal or rehearing in relation to 20
those proceedings) as if those provisions had not been repealed by this 21
Act. 22
(2) This clause is subject to any provision of the National VET legislation 23
that requires the National VET Regulator to be substituted as a party to 24
any such proceedings in place of the NSW Vocational Education and 25
Training Accreditation Board. 26
Page 12
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