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VOCATIONAL EDUCATION AND TRAINING (COMMONWEALTH POWERS) ACT 2012 - SECT 5
Adoption and references
5 Adoption and references
(1) The national VET legislation is adopted, within the meaning of section 51
(xxxvii) of the Commonwealth Constitution, to the extent that the matters in
the national VET legislation are within the legislative powers of the
Parliament of the State.
(2) Each continuing VET matter is referred to the
Parliament of the Commonwealth, but only to the extent of the making of laws
with respect to the matter by making express amendments of the national VET
legislation.
(3) The operation of each of subsections (1) and (2) is not
affected by the other subsection.
(4) The reference of a matter under
subsection (2) has effect only if and to the extent that the matter is not
included in the legislative powers of the Parliament of the Commonwealth
(otherwise than by a reference for the purposes of section 51 (xxxvii) of the
Commonwealth Constitution).
(5) Despite any provision of this Act other than
section 8 (4) , the adoption under subsection (1) or the reference under
subsection (2) has effect for a period— (a) beginning when the subsection
under which the adoption or reference is made commences; and
(b) ending at
the end of the day fixed under section 7 as the day on which the adoption or
reference is to terminate;
but not longer.
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