SKILLING AUSTRALIA'S WORKFORCE (REPEAL AND TRANSITIONAL PROVISIONS) BILL 2005

2004-2005

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Skilling Australia's Workforce (Repeal

and Transitional Provisions) Bill 2005

No. , 2005

(Education, Science and Training)

A Bill for an Act to repeal certain Acts relating to

vocational education and training, to deal with

transitional matters arising from the repeal of those

Acts, and for related purposes

i Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. ,

2005

Contents

Short title.......................................................................................1

Commencement .............................................................................1

Schedule(s)....................................................................................2

Schedule 1--Transitional provisions

Part 1--Definitions

Part 2--Assets, liabilities and legal proceedings

Part 3--Miscellaneous

Schedule 2--Repeal of Acts

Australian National Training Authority Act 1992

Vocational Education and Training Funding Act 1992

Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005

A Bill for an Act to repeal certain Acts relating to

vocational education and training, to deal with

transitional matters arising from the repeal of those

Acts, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Skilling Australia's Workforce

(Repeal and Transitional Provisions) Act 2005.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No.

, 2005

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedules 1

and 2

At the same time as sections 3 to 47 of the

Skilling Australia's Workforce Act 2005

commence.

Note:

This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Transitional provisions Schedule 1

Definitions Part 1

Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005

Schedule 1--Transitional provisions

Part 1--Definitions

1 Definitions

In this Schedule, unless the contrary intention appears:

ANTA means the Australian National Training Authority that was

established under section 5 of the ANTA Act.

ANTA Act means the Australian National Training Authority Act 1992

as in force immediately before the transition time.

asset means:

(a) any legal or equitable estate or interest in real or personal

property, whether actual, contingent or prospective; and

(b) any right, power, privilege or immunity, whether actual,

contingent or prospective.

liability means any liability, duty or obligation, whether actual,

contingent or prospective.

transition time means the time at which sections 3 to 47 of the Skilling

Australia's Workforce Act 2005 commence.

Schedule 1 Transitional provisions

Part 2 Assets, liabilities and legal proceedings

4 Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No.

, 2005

Part 2--Assets, liabilities and legal proceedings

2 Vesting of assets of ANTA

(1)

This item applies to the assets of ANTA immediately before the

transition time.

(2)

At the transition time, the assets to which this item applies cease to be

assets of ANTA and become assets of the Commonwealth without any

conveyance, transfer or assignment. The Commonwealth becomes the

successor in law in relation to these assets.

3 Vesting of liabilities of ANTA

(1)

This item applies to the liabilities of ANTA immediately before the

transition time.

(2)

At the transition time, the liabilities to which this item applies cease to

be liabilities of ANTA and become liabilities of the Commonwealth

without any conveyance, transfer or assignment. The Commonwealth

becomes the successor in law in relation to these liabilities.

4 Substitution of the Commonwealth as a party to pending

proceedings

If any proceedings to which ANTA was a party were pending in any

court or tribunal immediately before the transition time, the

Commonwealth is substituted for ANTA, from the transition time, as a

party to the proceedings.

5 Transfer of custody of ANTA records

(1)

This item applies to any records or documents that were in the custody

of ANTA immediately before the transition time.

(2)

The records and documents are to be transferred into the custody of the

Commonwealth at or after the transition time.

Transitional provisions Schedule 1

Miscellaneous Part 3

Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005

Part 3--Miscellaneous

6 Instruments

(1)

This item applies to an instrument if it:

(a) was in force immediately before the transition time; and

(b) is an instrument covered by one or more of the following

subparagraphs:

(i) an instrument that was made by ANTA;

(ii) an instrument to which ANTA was a party;

(iii) an instrument that was given to, or in favour of, ANTA;

(iv) an instrument under which any right or liability accrues

or may accrue to ANTA;

(v) any other instrument in which a reference is made to

ANTA.

(2)

An instrument to which this item applies continues to have effect on

and after the transition time as if a reference in the instrument to ANTA

were a reference to the Commonwealth.

7 Members of ANTA

A person who, immediately before the transition time, held office as a

member of ANTA ceases at the transition time, by force of this item, to

hold that office.

8 Repayment of payments made by ANTA

(1)

If, before the transition time, ANTA had made a payment to a State or

to another person under Part 3 of the ANTA Act on particular terms and

conditions:

(a) the Commonwealth is treated, on and after that time, as if it

had made the payment on the same terms and conditions; and

(b) if the Minister is satisfied that the State or other person has

failed to fulfil such a term or condition--the Minister may,

on behalf of the Commonwealth, give notice to the State or

the other person that the Minister is so satisfied.

(2)

A State or another person to whom a notice is given by the

Commonwealth under paragraph (1)(b) is liable to pay to the

Commonwealth, immediately, an amount equal to:

Schedule 1 Transitional provisions

Part 3 Miscellaneous

6 Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No.

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(a) the amount of the payment; or

(b) so much of the amount of the payment as is specified in the

notice.

(3)

A notice given under paragraph (1)(b) is not a legislative instrument.

(4)

This item does not affect the availability to the Commonwealth of any

legal or equitable remedy for a failure to fulfil a term or condition of a

payment that was made by ANTA, to a State or to another person,

before the transition time under Part 3 of the ANTA Act.

9 Annual audit reports by States--payments in respect of

2004 and 2005

(1)

This item applies in respect of the following reporting periods:

(a) the year 2004;

(b) the 6 month period ending on 30 June 2005.

(2)

Each State to which funds were paid by ANTA in respect of the

reporting period must give the Minister a written statement by a

qualified auditor:

(a) specifying the amounts of those funds spent in respect of the

period; and

(b) certifying that the amounts so spent were spent for the

purposes for which they were allocated to the State by

ANTA.

(3)

The statement must be given to the Minister:

(a) in respect of the year 2004--not later than 30 September

2005; and

(b) in respect of the 6 month period ending on 30 June 2005--

not later than 31 December 2005.

(4)

This item does not apply to a State in respect of the year 2004 if the

State has given a report to the Minister in respect of that year under

section 17 of the ANTA Act before the transition time.

10 Final financial reports

(1)

The Minister must prepare the report referred to in section 9 of the

Commonwealth Authorities and Companies Act 1997 in relation to

ANTA for the financial year ending on 30 June 2005.

Transitional provisions Schedule 1

Miscellaneous Part 3

Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No. , 2005

(2)

The obligation under section 9 of the Commonwealth Authorities and

Companies Act 1997 imposed on ANTA to prepare an annual report for

the financial year ending on 30 June 2005 is satisfied if the report is

prepared by the Minister.

11 Final annual national report

(1)

The Minister must, as soon as practicable after the transition time, cause

to be laid before each House of the Parliament an annual national report

for the year 2004, representing the draft annual national report prepared

by ANTA for that year under section 18 of the ANTA Act.

(2)

The draft annual national report for 2005 prepared by the Minister

under section 44 of the Skilling Australia's Workforce Act 2005 must

include the information for the 6 month period ending on 30 June 2005

that ANTA would have been required to include in the draft annual

national report under section 18 of the ANTA Act.

12 Exemption from stamp duty and other State or Territory

taxes

(1)

No stamp duty or other tax is payable under a law of a State or a

Territory in respect of an exempt matter, or anything connected with an

exempt matter.

(2)

For the purposes of this item, an exempt matter is:

(a) the vesting of an asset or liability under this Schedule; or

(b) the operation of this Schedule in any other respect.

(3)

The Minister may certify in writing:

(a) that a specified matter is an exempt matter; or

(b) that a specified thing was connected with a specified exempt

matter.

(4)

In all courts, and for all purposes (other than for the purposes of

criminal proceedings), a certificate under subitem (3) is prima facie

evidence of the matters stated in the certificate.

(5)

A certificate under subitem (3) is not a legislative instrument.

13 Certificates taken to be authentic

A document that appears to be a certificate made or issued under a

particular provision of this Schedule:

Schedule 1 Transitional provisions

Part 3 Miscellaneous

8 Skilling Australia's Workforce (Repeal and Transitional Provisions) Bill 2005 No.

, 2005

(a) is taken to be such a certificate; and

(b) is taken to have been properly given;

unless the contrary is established.

14 Delegation by Minister

(1)

The Minister may, by writing, delegate all or any of his or her powers

and functions under this Schedule to:

(a) the Secretary of the Department; or

(b) an SES employee, or acting SES employee, in the

Department.

(2)

In exercising powers or functions under a delegation, the delegate must

comply with any directions of the Minister.

15 Regulations

(1)

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Schedule to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Schedule.

(2)

In particular, regulations may be made prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to:

(a) the amendments or repeals made by this Act; or

(b) the enactment of this Act.

Commonwealth of Australia Bills

SKILLING AUSTRALIA'S WORKFORCE (REPEAL AND TRANSITIONAL PROVISIONS) BILL 2005