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1998-1999-2000-2001
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
VOCATIONAL EDUCATION AND TRAINING
FUNDING AMENDMENT BILL 2001
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Minister for Education, Training and Youth Affairs the Hon
Dr David Kemp MP)
ISBN: 0642 458634
VOCATIONAL EDUCATION AND TRAINING FUNDING AMENDMENT BILL
2001
OUTLINE
The Vocational Education and Training Funding Act 1992 provides
for the maximum amount of vocational education and training funding for
distribution by the Australian National Training Authority (ANTA) to the States
and Territories for capital and recurrent purposes and for National Projects.
The Minister determines the amount to be paid to ANTA, up to the maximum amount
set by the Act in any one year. The funds must be distributed in accordance
with the Australian National Training Authority Act 1992.
The
Vocational Education and Training Funding Amendment Bill 2001 would amend the
Australian National Training Authority Act 1992 to give effect to the new
ANTA Agreement for 2001 to 2003.
It would also amend the Vocational
Education and Training Funding Act 1992 to:
• supplement 2001
funding in line with real price movements reflected in Treasury
indices;
• appropriate general vocational education and training
funding for 2002;
• provide additional growth funding in 2001 and
2002 for those States and Territories that have endorsed the new ANTA Agreement
and satisfy the provisions set out in that Agreement.
The Bill would provide an increase of $21.330 million to the amount
currently legislated for 2001 and would appropriate $952.745 million in general
vocational education and training funds for 2002. It would also provide for up
to $50 million in growth funding for 2001 and $75 million in 2002.
VOCATIONAL EDUCATION AND TRAINING FUNDING AMENDMENT BILL
2001
NOTES ON CLAUSES
Clause 1 - Short title
Provides for the Act to be cited as
the Vocational Education and Training Funding Amendment Act
2001.
Clause 2 - Commencement
Provides for the Act to
commence on the day on which it receives the Royal Assent.
Clause 3 -
Schedule(s)
Provides that each Act that is specified in a Schedule is
amended or repealed as set out in the applicable items in the Schedule and that
any other item in a Schedule has effect according to its terms.
Item 1 Subsection 4(1) (definition of
Agreement)
Amends the definition of Agreement in
subsection 4(1) to remove references to the Australian National Training
Authority Agreement endorsed by the Ministerial Council on 14 November
1997.
Item 2 Subsection 13(9)
Amends subsection 13(9)
to provide that section 13 now also has effect subject to proposed section 14AA,
to be inserted by Item 4.
Item 3 Subsection
14(7)
Amends subsection 14(7) to provide that section 14 now also has
effect subject to proposed section 14AA to be inserted by Item 4.
Inserts a proposed new section 14AA to provide that, if the Minister has
determined under section 9AB of the Vocational Education and Training Funding
Act 1992 that a specified amount is to be paid to the Australian National
Training Authority in respect of a State for the year 2001 or 2002, the Minister
may, by written notice to the Authority (the notice), direct the Authority to
allocate and pay the amount determined to that State for that year. The
Minister must not amend or vary the notice so as to reduce an amount specified
in the notice and the Authority must comply with a direction in a
notice.
Repeals the existing Schedule 1 and inserts a new Schedule 1 in lieu.
The new Schedule 1 is the Australian National Training Authority Agreement for
2001 to 2003.
Item 6 Savings of matters affecting the Ministerial
Council
A savings provision in relation to certain acts done under
the Australian National Training Authority Act 1992 that had effect
immediately before the commencement of this Act.
Item 7 Savings in
respect of a State
A savings provision which has the effect of
providing that, until the Commonwealth and a State approve the Australian
National Training Authority Agreement for 2001 to 2003 (the new Agreement) in
respect of the State, then the Australian National Training Authority Act
1992 as in force immediately before the commencement of this Act continues
in force in respect of that State. If after the day this Act commences the
Commonwealth and a State approve the new Agreement in respect of the State, then
any thing done by the Ministerial Council or the Chairperson of the Ministerial
Council in respect of the State, the Australian National Training Authority, or
the State that has effect immediately before the new Agreement day, is deemed to
be a thing done for the purposes of the Australian National Training
Authority Act 1992 as amended by this Act.
Schedule 2 – Amendment to the Vocational Education and Training Funding Act 1992
Item 1 Section 9 (table)
Amends the table in section 9
setting out general funds for allocation by the Australian National Training
Authority for particular years by increasing the funding limit available for
2001 and inserting the funding limit available for 2002.
Inserts a new section 9AB which has the effect of providing that if the
Commonwealth and a State approve the Australian National Training Authority
Agreement for 2001 to 2003, the Minister determines that the State complies with
the agreement and the Minister also determines that because the State has
complied with the agreement a specified amount is to be paid to the Authority in
respect of a State for a year specified in the table in proposed subsection
9AB(2), then the amount so determined is payable to the Authority for allocation
to the State under the Australian National Training Authority Act 1992 in
respect of that year.
Amends section 9B to give the Minister the power to vary a determination
previously made under proposed section 9AB.