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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 6.1.27

Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012

    (1)     On and from the commencement day, a determination made by the Commission under section 5.5.2 that was in force immediately before that day is taken to be a determination made by the Authority under section 5.5.2.

    (2)     On and from the commencement day, a determination made by the Commission and referred to in section 5.5.3 that was in force immediately before that day is taken to be a determination made by the Authority and referred to in section 5.5.3.

    (3)     On and from the commencement day, an approval given by the Commission under section 5.5.7 that was in force immediately before that day is taken to be an approval given by the Authority under section 5.5.7 and is subject to any condition to which the approval was subject before the commencement day.

    (4)     On and from the commencement day, an approval given by the Commission under section 5.5.10 that was in force immediately before that day is taken to be an approval given by the Authority under section 5.5.10.

    (5)     On and from the commencement day, an approval or consent given by the Commission under section 5.5.11 that was in force immediately before that day is taken to be an approval or consent given by the Authority under section 5.5.11.

    (6)     On and from the commencement day, if a training contract has been executed in accordance with section 5.5.12 before that day, the following applies—

        (a)     the Commission must transfer the training contract to the Authority if it was lodged with the Commission before the commencement day;

        (b)     if the training contract has not been lodged with the Commission before the commencement day, the employer must—

              (i)     lodge the training contract with the Authority or any person or body nominated by the Commission before the commencement day or, if there is no such nomination , with any person or body nominated by the Authority; and

              (ii)     give a copy of the training contract to the apprentice within 14 days after the date the employment of the apprentice commences or any further time allowed by the Commission before the commencement day or, if there was no such further time allowed , within any further time allowed by the Authority.

    (7)     On and from the commencement day, a declaration made by the Commission under section 5.5.12(3) that was in force immediately before that day is taken to be a declaration made by the Authority under section 5.5.12(3).

    (8)     On and from the commencement day, if a training contract has commenced before that day, the following applies—

        (a)     the Commission must transfer to the Authority any training plan relating to that training contract that was lodged with the Commission under section 5.5.13 before the commencement day;

        (b)     if a training plan relating to the training contract has not been lodged with the Commission before the commencement day, the employer must lodge the training contract with the Authority or an approved training agent or any person or body nominated by the Commission before the commencement day or, if there is no such nomination, with any person or body nominated by the Authority.

    (9)     On and from the commencement day, a determination made by the Commission under section 5.5.14 that was in force immediately before that day is taken to be a determination made by the Authority under section 5.5.14.

    (10)     If the Commission began to consider whether it should make an order under section 5.5.15(2) before the commencement day and did not make the order before that day, the Commission may make the order under section 5.5.15(2) as if that section had not been amended by the amending Act.

    (11)     On and from the commencement day, an order made by the Commission under section 5.5.15(2) that was in force immediately before that day or an order made by the Commission under section 5.5.15(2) on or after that day in accordance with subsection (10), is taken to
be an order made by the Authority under section 5.5.15(2).

    (12)     If an application under section 5.5.16(2) is received by the Commission before the commencement day and not finally determined by the Commission before that day, the Commission may make an order relating to that application under section 5.5.16 as if that section had not been amended by Part 2 of the amending Act.

    (13)     On and from the commencement day, an order made by the Commission under section 5.5.16(2) that was in force immediately before that day or an order made by the Commission under section 5.5.16(2) on or after that day in accordance with subsection (12), is taken to be an order made by the Authority under section 5.5.16(2).

    (14)     If a matter has been referred to the Commission under section 5.5.17 before the commencement day and not finally determined by the Commission before that day, the Commission may determine the matter and make an order under section 5.5.17 as if that section had not been amended by Part 2 of the amending Act.

    (15)     On and from the commencement day, a determination or order made by the Commission under section 5.5.17 that was in force immediately before that day or a determination or order made by the Commission under section 5.5.17 on or after that day in accordance with subsection (14), is taken to be a determination or order made by the Authority under section 5.5.17.

    (16)     If an application for review under section 5.5.22 is received by the Commission before the commencement day and not finally determined by the Commission before that day, the Commission may determine the application under section 5.5.22 as if that section had not been amended by Part 2 of the amending Act.

    (17)     If an application for review of a decision of an approved training agent acting as a delegate of the Commission is received by the Authority under section 5.5.22 on or after the commencement day, the Authority may determine the application under section 5.5.22 as if the approved training agent had been acting as a delegate of the Authority when he or she had made the decision.

    (18)     On or after the commencement day, the Commission must transfer to the Authority the register of apprentices maintained under section 5.5.23.

    (19)     On and from the commencement day, a declaration made by the Commission under clause 2 of Schedule 4 that was in force immediately before that day is taken to be a declaration made by the Authority under clause 2 of Schedule 4.

    (20)     In this section—

"amending Act" means the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012 ;

"commencement day" means the day on which Part 2 of the amending Act comes into operation.

S. 6.1.28 inserted by No. 39/2012 s. 52, repealed by No. 73/2012 s. 32.

    *     *     *     *     *

S. 6.1.29 inserted by No. 39/2012 s. 52.



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