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TRAINING AND TERTIARY EDUCATION AMENDMENT REGULATION 2008 (NO 1) (NO 26 OF 2008)
2008
The
Legislative Assembly for the Australian Capital
Territory
Training and Tertiary Education Amendment
Regulation 2008 (No 1)
Explanatory
Statement
SL2008-26
Circulated by the authority of
Andrew Barr
MLA
Minister for Education and Training
Australian Capital Territory
Training and Tertiary Education Amendment Regulation 2008 (No 1)
Subordinate law SL2008–26
made under the
Training and Tertiary Education Act 2003, section 113 (Regulation-making power)
EXPLANATORY STATEMENT
Authority
This
Regulation is authorised by section 113 of the Training and Tertiary
Education Act 2003 (the Act).
Background
9
In
November 2006, the Ministerial Council for Vocational and Technical Education
(MCVTE) agreed to delegate the statutory powers and functions necessary to
enable the ministerial company, Technical and Vocational Education and Training
Australia Limited (TVET Australia), to provide consistent registration, audit
and approval services for multi-jurisdictional registered training organisations
(RTOs) under both the Australian Quality Training Framework 2007 and the
Education Services for Overseas Students Act 2000.
The Training
and Tertiary Education (Accreditation and Registration Council) Direction 2008,
made under Section 9 (Ministerial directions to council) of the Act,
directed the ACT Accreditation and Registration Council (the council) to
delegate registration and audit functions to the National Audit and Registration
Agency (NARA) within TVET Australia.
Section 10(d) of the Act
provides that the council may delegate the exercise of its functions to a
person or committee prescribed under the regulations.
This amendment regulation amends Section 4 of the Training and
Tertiary Education Regulation 2004 to insert Section 4A. The new section
provides for the council to delegate the exercise of its functions under the Act
to TVET Australia, or an officer or employee of TVET Australia.
A detailed explanation of each clause of the amendment regulation
follows.
The first section of the Regulation specifies that the name of the regulation
is the Training and Tertiary Education Amendment Regulation 2008 (No
1). The Regulation amends the Training and Tertiary Education
Regulation 2004, which is the subordinate law to the Training and
Tertiary Education Act 2003.
Under this clause, this Regulation will commence on the day after the date it
is notified on the ACT Legislation Register.
This provision provides that this Regulation amends the Training and
Tertiary Education Regulation 2004.
This clause inserts a new section into the Training and Tertiary Education Regulation 2004. The new section prescribes that the ACT Accreditation and Registration Council may delegate to Technical and Vocational Education and Training Australia Limited (ACN 062 758 632) (TVET Australia), or an officer or employee of TVET Australia, under section 10(d) of the Training and Tertiary Education Act 2003.