Commonwealth Consolidated Acts

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (TRANSITIONAL PROVISIONS) ACT 2011 - SCHEDULE 3

Note:   See section   3.

1   Cancellation of registration--saving

(1)   This item applies to the amendment of subsection   39(1) of the National Vocational Education and Training Regulator Act 2011 (the NVETR Act ) by Schedule   1 to the National Vocational Education and Training Regulator Amendment (Annual Registration Charge) Act 2017 (the Amending Act ).

(2)   Despite the amendment of subsection   39(1) of the NVETR Act by Schedule   1 to the Amending Act:

  (a)   subsection   39(1) of the NVETR Act, as in force immediately before the commencement of Schedule   1 to the Amending Act, continues to apply in relation to the failure of a person to pay an annual registration fee required for the purposes of the NVETR Act; and

  (b)   to the extent that the fee could not validly be determined under an ASQA determination--that subsection   (as so in force) is taken to have applied, and to continue to apply, in relation to the failure of a person to pay the fee (or a part of the fee) purportedly required for those purposes.

Note:   Schedule   1 to the Amending Act commenced on 1   July 2017 (see section   2 of the Amending Act).

(3)   An annual registration fee is a fee in relation to a financial year, payable by a person for the purposes of the NVETR Act:

  (a)   for registration under the NVETR Act as an NVR registered training organisation; or

  (b)   for registration under the Education Services for Overseas Students Act 2000 as a registered provider.

(4)   An ASQA determination is a determination made before the commencement of this section under subsection   232(1) of the NVETR Act (as that subsection was in force at any time before that commencement).

Note:   See the Australian Skills Quality Authority instrument fixing fees No.   1 of 2011 and the Australian Skills Quality Authority Instrument Fixing Fees No.   1 of 2013 .