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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
OCCUPATIONAL LICENSING NATIONAL LAW
BILL 2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 - ADOPTION OF NATIONAL LAW
4. Adoption of Occupational Licensing National Law
5. Exclusion of legislation of this jurisdiction
6. Relevant court or tribunal
7. Penalty at end of provision
PART 3 - MISCELLANEOUS
8. Regulations dealing with transitional matters
9. Administration of Act
[Bill 1]-I
2
OCCUPATIONAL LICENSING NATIONAL LAW
BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
17 March 2011
(Brought in by the Minister for Workplace Relations, the
Honourable David James O'Byrne)
A BILL FOR
An Act to provide for a National Law to regulate the
licensing of certain occupations and for other purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Occupational
Licensing National Law Act 2011.
2. Commencement
(1) The provisions of this Act commence on a day
or days to be proclaimed.
(2) Different days may be proclaimed under
subsection (1) for the commencement of
[Bill 1] 3
Occupational Licensing National Law Act 2011
Act No. of
s. 3 Part 1 - Preliminary
different provisions of the Occupational
Licensing National Law set out in the Schedule
to the Occupational Licensing National Law Act
2010 of Victoria.
3. Interpretation
(1) In this Act -
"Occupational Licensing National Law
(Tasmania)" means the provisions
applying in this jurisdiction because of
section 4.
(2) Terms used in this Act and also in the
Occupational Licensing National Law set out in
the Schedule to the Occupational Licensing
National Law Act 2010 of Victoria have the
same meanings in this Act as they have in that
Law.
4
Occupational Licensing National Law Act 2011
Act No. of
Part 2 - Adoption of National Law s. 4
PART 2 - ADOPTION OF NATIONAL LAW
4. Adoption of Occupational Licensing National Law
The Occupational Licensing National Law, as in
force from time to time, set out in the
Occupational Licensing National Law Act 2010
of Victoria -
(a) applies as a law of this jurisdiction; and
(b) as so applying may be referred to as the
Occupational Licensing National Law
(Tasmania); and
(c) so applies as if it were part of this Act.
5. Exclusion of legislation of this jurisdiction
The following Acts of this jurisdiction do not
apply to the Occupational Licensing National
Law (Tasmania) or to instruments made under
that Law:
(a) Acts Interpretation Act 1931;
(b) Archives Act 1983, other than to the
extent that functions are being exercised
under the Law by a State entity;
(c) Audit Act 2008;
(d) Financial Management and Audit Act
1990;
5
Occupational Licensing National Law Act 2011
Act No. of
s. 6 Part 2 - Adoption of National Law
(e) Ombudsman Act 1978, other than to the
extent that functions are being exercised
under the Law by a State entity;
(f) Personal Information Protection Act
2004, other than to the extent that
functions are being exercised under the
Law by a State entity and do not relate to
the national registers kept under the Law;
(g) Right to Information Act 2009, other than
to the extent that functions are being
exercised under the Law by a State
entity;
(h) State Service Act 2000;
(i) Subordinate Legislation Act 1992.
6. Relevant court or tribunal
For the purposes of the definition of relevant
court or tribunal in section 4 of the Occupational
Licensing National Law (Tasmania) -
(a) the Supreme Court is declared to be the
relevant court for this jurisdiction for the
purposes of section 13 of that Law; and
(b) the Magistrates Court (Civil Division) is
declared to be the relevant court for this
jurisdiction for the purposes of sections
58, 59 and 60 of that Law; and
(c) the Magistrates Court (Administrative
Appeals Division) is declared to be the
6
Occupational Licensing National Law Act 2011
Act No. of
Part 2 - Adoption of National Law s. 7
relevant court for this jurisdiction for the
purposes of sections 93 and 94 of that
Law.
7. Penalty at end of provision
In the Occupational Licensing National Law, a
penalty specified at the end of a provision
indicates that a contravention of the provision is
punishable on conviction by a penalty not more
than the specified penalty.
7
Occupational Licensing National Law Act 2011
Act No. of
s. 8 Part 3 - Miscellaneous
PART 3 - MISCELLANEOUS
8. Regulations dealing with transitional matters
(1) The Governor may make regulations containing
provisions of a transitional nature, including
matters of an application or savings nature,
arising as a result of the enactment of this Act,
including any appeals or amendments to
legislation that arise as a result of the enactment
of this Act.
(2) Regulations under this section -
(a) may be made so as to apply differently
according to matters, limitations or
restrictions, whether as to time,
circumstance or otherwise, specified in
the regulations; and
(b) may authorise any matter or thing to be
from time to time determined, applied,
approved or regulated by any person or
body specified in the regulations; and
(c) may have retrospective effect to a day
on, or from a date not earlier than the day
on, which this section commences.
9. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
8
Occupational Licensing National Law Act 2011
Act No. of
Part 3 - Miscellaneous s. 9
(a) the administration of this Act is assigned
to the Minister for Workplace Relations;
and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
Government Printer, Tasmania 9