SKILLING AUSTRALIA'S WORKFORCE BILL 2005

i Skilling Australia's Workforce Bill 2005 No. , 2005

Contents

Part 1--Preliminary

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

Commencement .............................................................................2

Interpretation .................................................................................2

Objects ..........................................................................................5

Part 2--Grants to States: capital expenditure and recurrent

expenditure

Division 1--General provisions

Minister may make determinations authorising payments ................7

Allocation of financial assistance by Ministerial Council.................7

Agreements with States in relation to vocational education

and training a precondition for payment of financial

assistance.......................................................................................8

Payments subject to conditions .......................................................9

Division 2--Statutory conditions

Conditions of grants--general ......................................................10

Condition of grant--payments to be spent for vocational

education and training ..................................................................10

Condition of grant--maximising choice for employers and

new apprentices ...........................................................................10

Condition of grant--workplace reforms........................................11

Condition of grant--competence-based training............................12

Condition of grant--increased utilisation of publicly funded

training infrastructure...................................................................13

Condition of grant--payments for capital expenditure...................13

Condition of grant--role of State Training Authorities ..................13

Condition of grant--providing advice about vocational

education and training ..................................................................13

Condition of grant--overseas students ..........................................14

Condition of grant--recreational pursuits......................................14

Division 3--Conditions of the Skilling Australia's Workforce

Agreement

Matters to which conditions of the Skilling Australia's

Workforce Agreement must relate ................................................15

Division 4--Conditions of bilateral agreements

When an agreement complies with this Division ...........................17

Certifying that payments duly spent or committed.........................17

Reports about financial expenditure..............................................17

Skilling Australia's Workforce Bill 2005 No. , 2005 ii

Reporting on performance ............................................................18

Conditions about reporting ...........................................................18

Agreement may specify other conditions.......................................18

Part 3--Grants for strategic national initiatives

Minister may make determinations authorising payments ..............19

Allocation of financial assistance by Ministerial Council...............19

Precondition of payments for strategic national initiatives .............19

Conditions of payment .................................................................20

Application of this Part to notional payments ................................20

Part 4--Repayments

Statutory condition or condition of agreement not fulfilled ............21

Overpayments..............................................................................21

Minister's power if amount repayable ...........................................22

Amount payable to the Commonwealth is a debt ...........................22

Determinations requiring repayments............................................22

Part 5--Amounts of payments

Limit on payments .......................................................................24

Part 6--Miscellaneous

Minister may determine amounts and times of payment of

financial assistance.......................................................................25

Payment reduced for false or misleading statement........................25

Appropriation ..............................................................................26

Authority to borrow .....................................................................26

Determinations etc. ......................................................................26

Delegation ...................................................................................27

Annual national report..................................................................27

Presentation of agreement to Parliament .......................................28

Publication of agreement on Internet.............................................28

Regulations..................................................................................28

Part 1 Preliminary

Section 2

2 Skilling Australia's Workforce Bill 2005 No. , 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.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Sections 3 to

The later of:

(a) the day on which this Act receives the

Royal Assent; and

(b) 1 July 2005.

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 Interpretation

(1) In this Act:

Agency has the meaning given by section 5 of the Financial

Management and Accountability Act 1997.

annual VET plan, for a State, means the plan setting out the

State's intended vocational education and training activities for a

year prepared in accordance with the Skilling Australia's

Workforce Agreement.

Preliminary Part 1

Section 3

Skilling Australia's Workforce Bill 2005 No. , 2005 3

Australian Quality Training Framework means the document of

that name approved by the Ministerial Council, as in force from

time to time.

Australian workplace agreement has the meaning given by

subsection 4(1) of the Workplace Relations Act 1996.

bilateral agreement means an agreement referred to in subsection

7(2), as in force from time to time.

certified agreement has the same meaning as in the Workplace

Relations Act 1996.

industrial association has the meaning given by subsection

88AF(6) of the Workplace Relations Act 1996.

industrial instrument has the same meaning as in the Workplace

Relations Act 1996.

Ministerial Council means the Council that:

(a) consists of the Ministers from the Commonwealth and each

State that is a party to the Skilling Australia's Workforce

Agreement who have responsibility for vocational education

and training; and

(b) has overall responsibility for the national training system,

including in relation to strategic policy, national objectives,

national priorities and national performance targets.

National Industry Skills Committee means the Committee of that

name that is responsible for advising the Ministerial Council on

matters relating to vocational education and training, including

workforce planning, future training priorities and other related

issues.

National Quality Council means the Council of that name that is

responsible for:

(a) monitoring quality assurance procedures in the vocational

education and training sector; and

(b) ensuring national consistency in the application of the

standards for auditing and registering VET providers under

the Australian Quality Training Framework.

Part 1 Preliminary

Section 3

4 Skilling Australia's Workforce Bill 2005 No. , 2005

new apprentice means a person who is undertaking a full-time or

part-time apprenticeship, traineeship or trainee apprenticeship

under the New Apprenticeships Scheme.

New Apprenticeships Scheme means the national apprenticeship

and traineeship arrangements that came into effect on 1 January

1998.

organisation has the meaning given by subsection 4(1) of the

Workplace Relations Act 1996.

overseas student means:

(a) a person who:

(i) has a visa; or

(ii) is included in a visa;

in force under the Migration Act 1958 that permits a person

to travel to Australia for the purpose of undertaking a course

provided by a body; or

(b) a person, or a person included in a class of persons,

prescribed by the regulations for the purposes of this

paragraph;

but does not include a person, or a person included in a class of

persons, determined by the Minister, by legislative instrument, not

to be a person or class of persons to whom this definition applies.

qualified accountant means a person who:

(a) is registered, or is taken to be registered, as a company

auditor under Part 9.2 of the Corporations Act 2001; or

(b) is a member of CPA Australia or the Institute of Chartered

Accountants in Australia; or

purposes of this Act.

registered training organisation means an organisation that is

registered by a training recognition authority under a law of a State

as an organisation that is qualified:

(a) to deliver training or conduct assessments, or both; and

(b) to issue nationally recognised qualifications in accordance

with the Australian Quality Training Framework.

Preliminary Part 1

Section 4

Skilling Australia's Workforce Bill 2005 No. , 2005 5

Skilling Australia's Workforce Agreement means the

Commonwealth-State Agreement for Skilling Australia's

Workforce referred to in subsection 7(1), as in force from time to

time.

State includes the Australian Capital Territory and the Northern

Territory.

State award has the meaning given by subsection 4(1) of the

Workplace Relations Act 1996.

State Training Authority, in relation to a State, means a person,

organisation or body nominated as the State Training Authority for

that State by the Minister of the State who has responsibility for

vocational education and training.

strategic national initiative means a project, program or other

initiative relating to vocational education and training that is

declared by the Ministerial Council, by instrument in writing, to be

a strategic national initiative.

VET provider means a technical and further education institution

or other registered training organisation that provides vocational

education and training.

(2) In this Act, a reference to anything done, or to be done, by the

Ministerial Council is a reference to the thing done, or to be done,

by the Ministerial Council by resolution in accordance with the

Skilling Australia's Workforce Agreement.

(3) An instrument declaring a project, program or other initiative

relating to vocational education and training to be a strategic

national initiative is not a legislative instrument.

4 Objects

The objects of this Act are:

(a) to strengthen Australia's economic base through providing a

highly skilled workforce that will meet the future needs of

Australian businesses, industries, communities and

individuals; and

Part 1 Preliminary

Section 4

6 Skilling Australia's Workforce Bill 2005 No. , 2005

(b) to promote a national approach to the delivery of vocational

education and training through collaboration and cooperation

between the Commonwealth, the States and industry; and

(i) is responsive to the needs of industry and employers and

in which industry and employers drive the policies,

priorities and delivery of vocational education and

training; and

(ii) ensures high quality and nationally consistent vocational

education and training, including through providing

flexible and accelerated training delivery; and

(iii) operates through streamlined arrangements, is simple to

access, and encourages more Australians to prefer

vocational education and training options when making

career choices.

Grants to States: capital expenditure and recurrent expenditure Part 2

General provisions Division 1

Section 5

Skilling Australia's Workforce Bill 2005 No. , 2005 7

Part 2--Grants to States: capital expenditure and

recurrent expenditure

Division 1--General provisions

5 Minister may make determinations authorising payments

(1) The Minister may make a determination authorising a payment of

financial assistance under this Act to a State for a year for the

purposes of the following:

(a) capital expenditure for vocational education and training;

(b) recurrent expenditure for vocational education and training.

(2) A determination made under subsection (1) for a year must be

consistent with the allocations made by the Ministerial Council

under section 6 for that year.

(3) A determination made under subsection (1) is not a legislative

instrument.

6 Allocation of financial assistance by Ministerial Council

(1) The Ministerial Council must allocate the financial assistance that

may be paid under this Act to States for a year:

(a) for the purposes of capital expenditure for vocational

education and training; and

(b) for the purposes of recurrent expenditure for vocational

education and training.

(2) The Ministerial Council may make more than one allocation of

financial assistance under this section for the same year, but the

total amount of the financial assistance allocated under this section

and section 28 for the year must not exceed the amount applicable

under section 37 for that year.

Part 2 Grants to States: capital expenditure and recurrent expenditure

Division 1 General provisions

Section 7

8 Skilling Australia's Workforce Bill 2005 No. , 2005

7 Agreements with States in relation to vocational education and

training a precondition for payment of financial

assistance

(1) The Minister must not authorise a payment of financial assistance

under this Act to a State for a year for vocational education and

training in the State unless a written agreement (the

Commonwealth-State Agreement for Skilling Australia's

Workforce) is in force between the Commonwealth and the State

that:

(a) relates to vocational education and training; and

(b) complies with Division 3; and

(i) was entered into by the State during 2005 (whether

before or after the commencement of this Act); or

(ii) is a later agreement that is expressed to replace the 2005

agreement.

(2) The Minister must not authorise a payment of financial assistance

under this Act to a State, for a year starting on or after 1 January

2006, for vocational education and training in the State unless a

written agreement (the bilateral agreement) is in force between the

Commonwealth and the State that:

(a) is an agreement of a kind provided for in the Skilling

Australia's Workforce Agreement; and

(b) complies with Division 4.

(3) The Minister must not authorise a payment of financial assistance

under this Act to a State for a year unless the Minister has

approved the annual VET plan for the State for the year.

(4) The Minister must not authorise a payment of financial assistance

under this Act to a State for vocational education and training other

than in accordance with the terms of the Skilling Australia's

Workforce Agreement.

Grants to States: capital expenditure and recurrent expenditure Part 2

General provisions Division 1

Section 8

Skilling Australia's Workforce Bill 2005 No. , 2005 9

8 Payments subject to conditions

A payment of financial assistance under this Act to a State for a

year is subject to the conditions in respect of the payment specified

in:

(a) this Act; and

(b) the Skilling Australia's Workforce Agreement (see

Division 3); and

agreement in force between the Commonwealth and the State

(see Division 4).

Part 2 Grants to States: capital expenditure and recurrent expenditure

Division 2 Statutory conditions

Section 9

10 Skilling Australia's Workforce Bill 2005 No. , 2005

Division 2--Statutory conditions

9 Conditions of grants--general

Financial assistance is granted under this Act to a State for a year

on the conditions specified in this Division.

10 Condition of grant--payments to be spent for vocational

education and training

The State must ensure that financial assistance paid to the State

under this Act is spent for the vocational education and training

purposes specified in the Skilling Australia's Workforce

Agreement or the bilateral agreement to which the State is a party.

11 Condition of grant--maximising choice for employers and new

apprentices

(1) The State must comply with the user choice policy and take action

to maximise choice for employers and new apprentices, including:

(a) by implementing arrangements to introduce genuine

competition in the vocational education and training sector;

and

(b) by implementing arrangements to ensure that employers and

new apprentices have greater choice and flexibility in relation

to their VET provider and the method and location of the

training provided; and

Workforce Agreement, in the establishment of a national unit

price band for each apprenticeship or traineeship under the

New Apprenticeships Scheme; and

(d) by consulting with the State Training Authority and employer

groups in the State to decide which apprenticeships and

traineeships, and which employers and new apprentices, are

to be eligible to receive user choice funding under the New

Apprenticeships Scheme; and

Grants to States: capital expenditure and recurrent expenditure Part 2

Statutory conditions Division 2

Section 12

Skilling Australia's Workforce Bill 2005 No. , 2005 11

(e) by increasing, by 5 per cent each year, the proportion of

apprenticeships and traineeships that are eligible for user

choice funding under the New Apprenticeships Scheme; and

(f) in consultation with the other States and the Commonwealth

and before 1 January 2007, by developing a template for a

national contract setting out the standard terms and

conditions that will apply to VET providers that are eligible

to receive user choice funding under the New

Apprenticeships Scheme.

(2) In this section:

user choice policy means the policy relating to vocational

education and training agreed to by the Commonwealth and the

States in 1997, and includes any amendments of that policy.

12 Condition of grant--workplace reforms

(1) The State must implement workplace reforms in the vocational

education and training sector, including the following:

(a) giving technical and further education institutions (TAFE

institutions) greater flexibility and capacity to respond to

local industry and community needs within the context of the

national requirements of the Skilling Australia's Workforce

Agreement;

(b) ensuring that TAFE institutions introduce more flexible

employment arrangements by offering Australian workplace

agreements to staff, except where making such agreements

under the Workplace Relations Act 1996 is not possible

because of the corporate status of the TAFE institution, in

which case other individual agreements should be offered;

(however described) of TAFE institutions, including in

relation to recruitment and remuneration of employees;

(d) implementing a fair and transparent performance

management scheme in TAFE institutions that rewards high

performance by employees (including through performance

pay) and manages underperformance;

Part 2 Grants to States: capital expenditure and recurrent expenditure

Division 2 Statutory conditions

Section 13

12 Skilling Australia's Workforce Bill 2005 No. , 2005

(e) providing capacity for TAFE institutions to retain revenue

and generate increased revenue through partnerships with

industry and sponsorship arrangements;

(f) providing capacity for TAFE institutions to develop

entrepreneurial and commercially oriented business plans

that will enable government funding to be reduced;

(g) ensuring that TAFE institutions' workplace agreements,

policies and practices are consistent with the freedom of

association principles contained in the Workplace Relations

Act 1996. In particular, TAFE institutions must neither

encourage nor discourage trade union membership.

(2) Subsection (1) does not require the amendment or variation of

certified agreements or other industrial instruments in force on the

day on which this Act commences.

(3) However, all certified agreements or other industrial instruments

made, approved or certified on or after the day on which this Act

commences must be consistent with the workplace reforms referred

to in subsection (1).

(4) All workplace policies and practices in effect on the day on which

this Act commences must be amended or varied to be consistent

with those workplace reforms, except to the extent that to do so

would be directly inconsistent with a certified agreement or other

industrial instrument in force on that day.

13 Condition of grant--competence-based training

The State must implement an approach to vocational education and

training that is based on competence, rather than on length of time,

including:

(a) by taking action to remove any barriers to such an approach

included in State awards; and

(b) by contributing to the achievement of a consistent national

system of occupational licensing requirements.

Grants to States: capital expenditure and recurrent expenditure Part 2

Statutory conditions Division 2

Section 14

Skilling Australia's Workforce Bill 2005 No. , 2005 13

14 Condition of grant--increased utilisation of publicly funded

training infrastructure

The State must improve the utilisation of publicly funded training

infrastructure by ensuring that VET providers that operate in

publicly funded premises make them available, on a commercial

basis, for purposes that do not conflict with the provider's

vocational education and training purposes.

15 Condition of grant--payments for capital expenditure

(1) The State must ensure that financial assistance paid to the State

under this Act for the purposes of capital expenditure on vocational

education and training is spent for those purposes in accordance

with guidelines determined by the Ministerial Council.

(2) A determination made under subsection (1) is not a legislative

instrument.

16 Condition of grant--role of State Training Authorities

The State must ensure that it maintains a State Training Authority

that has the following responsibilities:

(a) participating in the preparation of the annual VET plan for

the State;

(b) providing advice to the State Minister who has responsibility

for vocational education and training, including in relation to

any decisions about which apprenticeships and traineeships,

and which employers and new apprentices, are to be eligible

to receive user choice funding under the New

Apprenticeships Scheme.

17 Condition of grant--providing advice about vocational education

and training

The State must ensure that it has client advisory arrangements in

place in the State that ensure that the views of all students, in

particular educationally disadvantaged or isolated students, are

considered in making decisions relating to the delivery of

vocational education and training.

Part 2 Grants to States: capital expenditure and recurrent expenditure

Division 2 Statutory conditions

Section 18

14 Skilling Australia's Workforce Bill 2005 No. , 2005

18 Condition of grant--overseas students

The State must ensure that payments received by the State under

this Act are not used for providing vocational education or training

to overseas students.

19 Condition of grant--recreational pursuits

The State must ensure that payments received by the State under

this Act are not used for providing education or training for private

recreational pursuits or hobbies.

Grants to States: capital expenditure and recurrent expenditure Part 2

Conditions of the Skilling Australia's Workforce Agreement Division 3

Section 20

Skilling Australia's Workforce Bill 2005 No. , 2005 15

Division 3--Conditions of the Skilling Australia's

Workforce Agreement

20 Matters to which conditions of the Skilling Australia's Workforce

Agreement must relate

(1) For the purposes of paragraph 7(1)(b), an agreement complies with

this Division if the agreement satisfies the requirements of this

section.

(2) The agreement must contain conditions relating to the following

matters:

(a) national goals and objectives in relation to vocational

education and training;

(b) national policies to improve the consistency, quality and

responsiveness of providers of vocational education and

training;

monitoring providers of vocational education and training;

(d) national policies to improve the standards for recognition of

qualifications provided by providers of vocational education

and training;

(e) national planning arrangements in relation to vocational

education and training;

(f) national priorities in relation to vocational education and

training;

(g) national initiatives in relation to vocational education and

training;

(h) national outcomes focused performance measures in relation

to vocational education and training.

(3) The agreement must include a commitment by all parties to the

agreement to support the national training system and its guiding

principles, including the National Governance and Accountability

Framework and the National Skills Framework, by working

collaboratively in conjunction with the Ministerial Council, the

National Quality Council and National Industry Skills Committee.

Part 2 Grants to States: capital expenditure and recurrent expenditure

Division 3 Conditions of the Skilling Australia's Workforce Agreement

Section 20

16 Skilling Australia's Workforce Bill 2005 No. , 2005

(4) The agreement must contain a provision enabling the making of a

bilateral agreement between the Commonwealth and each State

that is a party to the Skilling Australia's Workforce Agreement.

(5) The agreement may specify conditions in addition to, but not

inconsistent with, the conditions mentioned in subsections (2), (3)

and (4).

Grants to States: capital expenditure and recurrent expenditure Part 2

Conditions of bilateral agreements Division 4

Section 21

Skilling Australia's Workforce Bill 2005 No. , 2005 17

Division 4--Conditions of bilateral agreements

21 When an agreement complies with this Division

For the purposes of paragraph 7(2)(b), an agreement complies with

this Division if the agreement satisfies the requirements of

sections 22 to 25.

22 Certifying that payments duly spent or committed

(1) The agreement must include:

(a) a condition that the State that is a party to the agreement give

to the Secretary of the Department a certificate:

(i) made by a qualified accountant; and

(ii) specifying whether the payments to the State have been

spent (or committed to be spent) for the purposes

specified in the agreement or the Skilling Australia's

Workforce Agreement; and

(b) a condition that, if not all the payments were spent (or

committed to be spent) by the State for the purposes specified

in the agreement or the Skilling Australia's Workforce

Agreement, the State will, if the Minister so determines, pay

to the Commonwealth the amount stated in the determination

within a period determined by the Minister.

(2) The amount stated in a determination made under paragraph (1)(b)

must not be more than the sum of the unspent or uncommitted

amounts.

(3) A determination made under paragraph (1)(b) is not a legislative

instrument.

23 Reports about financial expenditure

The agreement must include a condition that the State that is a

party to the agreement give to the Minister reports about the

expenditure of financial assistance paid under this Act that contain

Part 2 Grants to States: capital expenditure and recurrent expenditure

Division 4 Conditions of bilateral agreements

Section 24

18 Skilling Australia's Workforce Bill 2005 No. , 2005

the kind of information that the Minister thinks appropriate about

the assistance.

24 Reporting on performance

The agreement must include a condition that the State that is a

party to the agreement comply with the performance reporting

requirements specified in the agreement.

25 Conditions about reporting

The agreement must include a condition that the State that is a

party to the agreement give to the Minister or to the Secretary of

the Department (as specified in this Act or in the agreement) at the

times, and in the manner, required by the agreement:

(a) the certificate mentioned in section 22; and

(b) the reports required under sections 23 and 24; and

agreement or the Skilling Australia's Workforce Agreement.

26 Agreement may specify other conditions

The agreement may specify conditions in addition to, but not

inconsistent with, the conditions mentioned in sections 22 to 25.

Grants for strategic national initiatives Part 3

Section 27

Skilling Australia's Workforce Bill 2005 No. , 2005 19

Part 3--Grants for strategic national initiatives

27 Minister may make determinations authorising payments

(1) The Minister may make:

(a) a determination authorising a payment of financial assistance

under this Act to a State or to another person for a year for

the purposes of a strategic national initiative; or

(b) a determination authorising a notional payment of financial

assistance under this Act to an Agency (or part of an Agency)

for a year for the purposes of a strategic national initiative.

(2) A determination for a year under subsection (1) must be consistent

with the allocations made by the Ministerial Council under

section 28 for that year.

(3) A determination made under subsection (1) is not a legislative

instrument.

28 Allocation of financial assistance by Ministerial Council

(1) The Ministerial Council must allocate the financial assistance that

may be paid under this Act to States and to other persons for a year

for specified strategic national initiatives.

(2) The Ministerial Council may make more than one allocation of

financial assistance under this section for the same year, but the

total amount of the financial assistance allocated under this section

and section 6 for the year must not exceed the amount applicable

under section 37 for that year.

29 Precondition of payments for strategic national initiatives

(1) The Minister must not authorise a payment of financial assistance

under this Act to a State for a strategic national initiative unless the

State satisfies the requirements set out in Part 2 for the payment of

financial assistance under that Part.

Part 3 Grants for strategic national initiatives

Section 30

20 Skilling Australia's Workforce Bill 2005 No. , 2005

(2) The Minister must not authorise a payment of financial assistance

under this Act to a person other than a State for a strategic national

initiative unless the Skilling Australia's Workforce Agreement is in

force.

(3) The Minister must not authorise a payment of financial assistance

under this Act to a State or to another person for a strategic

national initiative other than in accordance with the terms of the

Skilling Australia's Workforce Agreement.

30 Conditions of payment

(1) A payment of financial assistance to a State or to another person

for a year for a strategic national initiative is made on the following

conditions:

(a) the condition that the financial assistance be spent in

accordance with guidelines determined by the Ministerial

Council;

(b) in the case of a payment to a State--the conditions specified

in Part 2;

(i) set out in a written agreement with the State or other

person; or

(ii) if there is not such an agreement--determined by the

Minister for the purposes of that payment.

(2) A determination made under paragraph (1)(a) or

subparagraph (1)(c)(ii) is not a legislative instrument.

31 Application of this Part to notional payments

A reference in this Part to a payment of financial assistance under

this Act to a person other than a State includes a reference to a

notional payment of financial assistance under this Act to an

Agency (or part of an Agency).

Repayments Part 4

Section 32

Skilling Australia's Workforce Bill 2005 No. , 2005 21

Part 4--Repayments

32 Statutory condition or condition of agreement not fulfilled

(1) It is a condition of the payment of financial assistance under Part 2

of this Act to a State that, if the State does not fulfil a condition in

respect of the payment within the required time or within any

further period that the Minister allows:

(a) the State will, if the Minister so determines, repay to the

Commonwealth the amounts stated in the determination; and

(b) if the State does not do so, the Minister may make a

determination reducing one or more payments of financial

assistance under this Act to the State; and

under this Act to the State until the condition is fulfilled.

(2) The amount mentioned in paragraph (1)(a) must not be more than

the sum of the payments mentioned in section 5.

(3) A determination made under paragraph (1)(a) or (b) is not a

legislative instrument.

(4) In this section:

required time, in relation to a condition and a State, means the time

by which the State is required to fulfil the condition under:

(a) Division 2 of Part 2; or

(b) the Skilling Australia's Workforce Agreement; or

33 Overpayments

(1) It is a condition of the payment of financial assistance under this

Act to a State or to another person that, if the amount of financial

assistance paid under this Act to the State or to the other person

exceeds the amount that was properly authorised to be paid, the

State or the other person will, if the Minister so determines, pay to

Part 4 Repayments

Section 34

22 Skilling Australia's Workforce Bill 2005 No. , 2005

the Commonwealth an amount (not more than the excess) stated in

the determination.

(2) A determination made under subsection (1) is not a legislative

instrument.

34 Minister's power if amount repayable

(1) The Minister may make a determination reducing an amount that is

authorised to be paid under this Act to a State or to another person

for a year if:

(a) under a condition in respect of the payment, the Minister

determines that the State or other person is to pay an amount

to the Commonwealth; and

(b) all or part of that amount remains unpaid.

(2) The amount of the reduction must not be more than the amount

unpaid.

(3) A determination made under subsection (1) is not a legislative

instrument.

35 Amount payable to the Commonwealth is a debt

(1) An amount payable by a State to the Commonwealth under this

Act is a debt due by the State to the Commonwealth.

(2) An amount payable by a person other than a State to the

Commonwealth under this Act is a debt due by that person to the

Commonwealth.

36 Determinations requiring repayments

If the Minister is considering whether to make:

(a) a determination in relation to a State under paragraph

32(1)(a); or

(b) a determination in relation to a State or another person under

subsection 33(1);

the Minister must take into account all relevant matters, including

whether the State or other person gave all relevant information to

Part 5 Amounts of payments

Section 37

24 Skilling Australia's Workforce Bill 2005 No. , 2005

Part 5--Amounts of payments

37 Limit on payments

(1) The sum of the amounts of financial assistance determined under

sections 5 and 27 for a year must not be more than the amount

specified in the following table for the year:

Financial assistance

Column 1

Year

Column 2

Amount ($)

2005

605,807,000

2006

1,231,017,000

2007

1,269,533,000

2008

1,290,737,000

(2) The amount specified in column 2 of item 1 of the table in

subsection (1) is increased by an amount equal to the amount of

money that vested in the Commonwealth under item 2 of

Schedule 1 to the Skilling Australia's Workforce (Repeal and

Transitional Provisions) Act 2005.

(3) The regulations may make provision for increasing the amounts

mentioned in subsection (1) by reference to changes in an index

determined in writing by the Minister administering the Financial

Management and Accountability Act 1997.

(4) The regulations have effect according to their terms.

(5) A determination made under subsection (3) is not a legislative

instrument.

(6) To avoid doubt, a reference in this Act to the amount applicable

under this section for a year is a reference to the amount specified

in column 2 of the table in subsection (1) for that year, as increased

under subsection (2) or (3).

Miscellaneous Part 6

Section 38

Skilling Australia's Workforce Bill 2005 No. , 2005 25

Part 6--Miscellaneous

38 Minister may determine amounts and times of payment of

financial assistance

(1) Amounts of financial assistance authorised to be paid under this

Act are to be paid in such a way, including payment by

instalments, and at such times, as the Minister determines.

(2) A determination made under subsection (1) is not a legislative

instrument.

39 Payment reduced for false or misleading statement

(1) If:

(a) a person made a statement for the purposes of this Act, the

Skilling Australia's Workforce Agreement or a bilateral

agreement about a payment of financial assistance; and

(b) the statement was made to:

(i) the Minister; or

(ii) the Secretary; or

(iii) an APS employee in the Department; and

and

(d) relying on the statement, a payment has been made under this

Act to a State or to another person of an amount that, in the

Minister's opinion, exceeds the amount that would have been

authorised to be paid if the statement had not been false or

misleading in a material particular;

the Minister may make a determination reducing by the amount of

the excess any amount payable under this Act to the State or to the

other person.

(2) A determination under this section may take effect from a day

before the day on which the determination was made.

Part 6 Miscellaneous

Section 40

26 Skilling Australia's Workforce Bill 2005 No. , 2005

(3) A determination made under subsection (1) is not a legislative

instrument.

40 Appropriation

The Consolidated Revenue Fund is appropriated for the purposes

of this Act.

41 Authority to borrow

The Treasurer may, from time to time, in accordance with the

provisions of the Commonwealth Inscribed Stock Act 1911, or in

accordance with the provisions of an Act authorising the issue of

Treasury Bills, borrow amounts totalling not more than the sum of

the amounts that may become payable under sections 5 and 27 of

this Act.

42 Determinations etc.

(1) A determination under this Act must be in writing.

Note:

For variation and revocation, see subsection 33(3) of the Acts

Interpretation Act 1901.

(2) Subject to subsection 39(2), a determination takes effect on:

(a) the day stated for the purposes in the determination; or

(b) if no day is stated--the day on which it is made.

(3) If:

(a) a provision of this Act refers to a determination made or

other act or thing done by the Minister; and

(b) no other provision of this Act expressly authorises the

Minister to make such a determination or do such an act or

thing;

this subsection authorises the Minister to make such a

determination or do such an act or thing.

Miscellaneous Part 6

Section 43

Skilling Australia's Workforce Bill 2005 No. , 2005 27

43 Delegation

The Minister may, by written instrument, delegate all or any of the

Minister's powers and functions under this Act or under an

agreement referred to in this Act to:

(a) the Secretary of the Department; or

(b) an SES employee in the Department.

Note:

SES employee is defined in the Acts Interpretation Act 1901.

44 Annual national report

(1) As soon as practicable after the end of each year, the Minister must

prepare a draft annual national report for the year.

(2) The draft annual national report must include the following

information:

(a) the financial assistance (if any) paid under this Act to a State

for the year for the purposes of:

(i) capital expenditure for vocational education and

training; and

(ii) recurrent expenditure for vocational education and

training; and

(iii) strategic national initiatives;

(b) the financial assistance (if any) paid under this Act to persons

other than States for the year for strategic national initiatives;

in terms of the objects set out in section 4 of this Act and the

matters covered in the Skilling Australia's Workforce

Agreement.

(3) The draft annual national report must incorporate any reports

provided to the Minister by State Training Authorities for

incorporation in the draft report.

(4) The draft annual national report must be in accordance with the

form approved by the Ministerial Council.

(5) Within 6 months after the end of the year, the Minister must submit

the draft annual national draft to the Ministerial Council.

Part 6 Miscellaneous

Section 45

28 Skilling Australia's Workforce Bill 2005 No. , 2005

(6) The Minister must cause an annual national report, representing the

draft annual national report, as approved, or as amended and

approved, by the Ministerial Council to be laid before each House

of the Parliament within 15 sitting days of that House after it is

received by the Minister from the Ministerial Council.

45 Presentation of agreement to Parliament

The Minister must cause a copy of the Skilling Australia's

Workforce Agreement, and any amendment of that agreement, to

be laid before each House of the Parliament within 15 sitting days

of that House after the agreement is made or amended.

46 Publication of agreement on Internet

The Minister must publish the Skilling Australia's Workforce

Agreement, and any amendment of that agreement, on the

Department's website within 15 sitting days of either House of the

Parliament after the agreement is made or amended.

47 Regulations

The Governor-General may make regulations prescribing all

matters:

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

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

giving effect to this Act.

Commonwealth of Australia Bills

SKILLING AUSTRALIA'S WORKFORCE BILL 2005