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VOCATIONAL EDUCATION AND TRAINING
(COMMONWEALTH POWERS) BILL 2011
CLAUSE NOTES
Clause 1 Short title
Standard clause providing the short title by which the Act may be cited.
Clause 2 Commencement
Provides for The Act to commence on a day to be proclaimed.
Clause 3 Interpretation
Provides definitions for terms used in the Bill.
Clause 4 Continuing VET matters
Subsection 1 lists those matters (continuing VET matters) in respect of which
the Commonwealth Parliament may amend the national VET legislation*.
Subsection 2 lists matters that are expressly excluded from the amendment
powers of the Commonwealth Parliament.
Clause 5 Adoption of national VET legislation
Provides for the adoption by Tasmania of the National Vocational Education
and Training Regulator Act 2011 of the Commonwealth and the National
Vocational Education and Training Regulator (Transitional Provisions) Act 2011 of
the Commonwealth (adoption reference*). This has the effect of referring
Tasmania's Constitutional powers concerning regulation of aspects of
vocational education and training, as specified in Clause 4, to the
Commonwealth.
Subsection 2 provides for a commencement date and a termination date for
the adoption reference to be determined.
Clause 6 Reference of continuing VET matters
Provides for the `continuing VET matters' listed in Clause 4 to be referred to
the Commonwealth Parliament (amendment reference*).
Subsection 3 provides for a commencement date and a termination date for
the amendment reference* to be determined.
Clause 7 Amendment of Commonwealth law
Makes clear the intention of the Tasmanian Parliament to empower the
Commonwealth Parliament to amend the national VET legislation by referral
of State powers under the provisions of S52(xxxvii) of the Commonwealth
Constitution; and to make national VET instruments (regulations etc) that
affect the operation of the national VET legislation.
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Clause 8 Termination of adoption and amendment reference
Sets out the terms under which the adoption reference* and amendment
reference* may be terminated.
Clause 9 Effect of termination of amendment reference before termination
of adoption
Makes clear the intention of the Tasmanian Parliament that if the amendment
reference* is terminated before the adoption reference* is terminated,
amendments and legislative instruments made before the termination of the
amendment reference* remain in effect.
Clause 10 Provision of information and assistance to National VET Regulator
Empowers the Tasmanian Qualifications Authority to provide information
and assistance to the National VET Regulator*.
Clause 11 Administration of Act
Provides for the administration of this Act to be assigned to the Minister for
Education and Skills; and for the Department of Education to be the
department responsible to the Minister in relation to the administration of
this Act.
Clause 12 Consequential amendments
Provides for amendments to be made to other Tasmanian legislation as
specified in Schedule 1.
Schedule 1 Consequential amendments
Provides for consequential amendments to be made as specified in the
Schedule.
The amendments provide for the Vocational Education and Training Act 1994
and the Tasmanian Qualifications Act 2003 and other State Acts and
Regulations to be amended, for the most part by omitting or amending
provisions and references that will be redundant following proclamation of
the Vocational Education and Training (Commonwealth Powers) Act 2011.
A provision is also included that will empower the Tasmanian Qualifications
Authority to continue to require registered training organisations operating
in Tasmania to provide details of student attainment so that the Authority
can fulfil its function of providing `consolidated statements of qualifications' to
individuals.
*NOTES
National VET legislation: The National Vocational Education and Training Regulator Act 2011 of the
Commonwealth and the National Vocational Education and Training Regulator
(Transitional Provisions) Act 2011 of the Commonwealth
Adoption reference: The adoption by the Tasmanian Parliament of the national VET legislation
Amendment reference: The referral of specified powers of the Tasmanian Parliament to
enable the Commonwealth Parliament to amend the national VET legislation
and to make legislative instruments that affect the operation of the national
VET legislation (as provided and circumscribed by Clauses 4 and 6)
National VET Regulator: the National VET Regulator as established by the national VET legislation
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