AustLII Tasmanian Numbered Acts

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TASMANIAN QUALIFICATIONS AUTHORITY AMENDMENT ACT 2015 (NO. 15 OF 2015) - SECT 125

Section 73A substituted

Section 73A of the Principal Act is repealed and the following section is substituted:

73A.     Savings and transitional provisions consequent on Tasmanian Qualifications Authority Amendment Act 2015

(1)  In this section –
commencement day means the day on which the Tasmanian Qualifications Authority Amendment Act 2015 commences;
previous Act means this Act as in force immediately before the commencement day.
(2)  If a person, immediately before the commencement day, held the office of chief executive officer of the Authority, within the meaning of the previous Act, under an appointment made under section 16 of the previous Act –
(a) that person is taken to have been appointed under the State Service Act 2000 as the Director of Education and Training Research within the Department for the term, and on the conditions, specified in his or her instrument of appointment as such chief executive officer; and
(b) a reference in that instrument of appointment to the office or position of chief executive officer of the Tasmanian Qualifications Authority is taken to be a reference to the office of Director of Education and Training Research in the Department.
(3)  Persons appointed under section 18 of the previous Act who held that appointment immediately before the commencement day are taken to have been appointed subject to and in accordance with the State Service Act 2000 for the purposes of the Department.
(4)  The State Service officer or State Service employee –
(a) employed in the Department; and
(b) who, immediately before the commencement day and in compliance with the direction of the Premier under section 21A of the Acts Interpretation Act 1931 , is performing and exercising the duties, obligations, rights and powers of the office of Director of Equity Services –
is taken to hold the office of Executive Officer under this Act until such time as an Executive Officer is appointed under section 16 .
(5)  Despite section 24 , the report that the Office is required to provide to the Secretary of the Department under that section for the financial year ending on 30 June 2015 need relate only to the period of 6 months ending on that day.
(6)  Despite section 36 of the State Service Act 2000 , the report that the Secretary of the Department is required to provide to the Minister under that section for the financial year ending on 30 June 2015 need relate only to the period of 6 months ending on that day in so far as it relates to the performance and exercise of the functions and powers of the Authority and the Office.
(7)  If –
(a) the accreditation of an accredited senior secondary course would cease to have effect after the commencement day but before the Minister has approved the senior secondary framework; and
(b) an application for the renewal of that course has been, or is, made to the Authority in accordance with section 28 of the previous Act or to the Office under section 28 of this Act –
the Office may process and determine that application under section 28 of this Act and, for that purpose, section 28(4) of this Act does not apply.



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