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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Security Industry Amendment (Regulation of
Training Organisations) Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Firearms and Weapons Prohibition Legislation Amendment Bill
2015.
Overview of Bill
The object of this Bill is to amend the Security Industry Act 1997 to preserve the operation of State
security industry training organisation provisions. Section 6A of that Act (which was enacted in
2012) declared that State security industry regulation provisions were an excluded matter for the
purposes of section 10 of the National Vocational Education and Training Regulator Act 2011 of
the Commonwealth (the Commonwealth Act). That declaration did not extend to certain
Commonwealth national registration provisions, which may result in the State provisions in the
same area being inconsistent and therefore not operative under section 109 of the Australian
Constitution. Pursuant to a power conferred by section 11 of the Commonwealth Act, this Bill
displaces the Commonwealth Act to the extent that it would render inoperative State security
industry training organisation provisions that are inconsistent with the Commonwealth Act.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Security Industry Act 1997 No 157
Schedule 1 amends section 6A of the Act to give effect to the Overview.
b2015-115.d07
First print
New South Wales
Security Industry Amendment (Regulation of
Training Organisations) Bill 2015
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Security Industry Act 1997 No 157 3
b2015-115.d07
New South Wales
Security Industry Amendment (Regulation of
Training Organisations) Bill 2015
No , 2015
A Bill for
An Act to amend the Security Industry Act 1997 to preserve the operation of State security
industry training organisation regulatory provisions.
Security Industry Amendment (Regulation of Training Organisations) Bill 2015 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Security Industry Amendment (Regulation of Training Organisations) 3
Act 2015. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Security Industry Amendment (Regulation of Training Organisations) Bill 2015 [NSW]
Schedule 1 Amendment of Security Industry Act 1997 No 157
Schedule 1 Amendment of Security Industry Act 1997 No 157 1
[1] Section 6A Application of Commonwealth National Vocational Education and 2
Training Regulator Act 2011 3
Insert after section 6A (2): 4
(2A) Without limiting subsection (2), each provision of this Act (and of any 5
regulations made under this Act) is declared to be a VET legislation 6
displacement provision for the purposes of section 11 of the Commonwealth 7
Act generally. This subsection extends to any such provision enacted or as 8
amended after the commencement of this subsection. 9
[2] Section 6A (3) 10
Omit "This section". Insert instead "Subsection (2)". 11
[3] Section 6A (4) 12
Insert after section 6A (3): 13
(4) Anything done or omitted to be done before the commencement of 14
subsection (2A) that would have been validly done or omitted if 15
subsection (2A) had been in force at the time is taken, on and from the 16
commencement of subsection (2A), to have been validly done or omitted. 17
Page 3
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