Commonwealth Consolidated Acts

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR ACT 2011 - SECT 195

  (1)   This section:

  (a)   applies only for the purposes of the application of the provisions of this Act or another law of the Commonwealth (with or without modification) as a law of a State by a provision of a corresponding State law; and

  (b)   does not apply for those purposes if the corresponding State law otherwise provides.

  (2)   If the corresponding State law purports to impose a duty on the National VET Regulator to do a particular thing, the duty is taken to be imposed by the corresponding State law to the extent to which imposing the duty:

  (a)   is within the legislative powers of the State; and

  (b)   is consistent with the constitutional doctrines restricting the duties that may be imposed on the Regulator.

  (3)   To avoid doubt, the corresponding State law does not impose the duty on the National VET Regulator to the extent to which imposing the duty would:

  (a)   contravene any constitutional doctrine restricting the duties that may be imposed on the Regulator; or

  (b)   otherwise exceed the legislative powers of the State.

  (4)   If imposing on the National VET Regulator the duty to do that thing would:

  (a)   contravene any constitutional doctrine restricting the duties that may be imposed on the Regulator; or

  (b)   otherwise exceed the legislative powers of both the State and the Commonwealth;

the corresponding State law is taken instead to confer on the Regulator a power to do that thing at the discretion of the Regulator.