Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (TRANSITIONAL PROVISIONS) ACT 2011 - SCHEDULE 4

Transitional provisions relating to the National Vocational Education and Training Regulator Amendment Act 2020

 

1   Definitions

In this Schedule:

Amending Act means the National Vocational Education and Training Regulator Amendment Act 2020 .

early commencement time means the start of the day on which Schedule   2 to the Amending Act commences.

main commencement time means the start of the day on which Schedule   1 to the Amending Act commences.

Principal Act means the National Vocational Education and Training Regulator Act 2011 .

2   Interpretation

An expression used in this Schedule that is also used in the Principal Act has the same meaning in this Schedule as it has in the Principal Act.

3   Application--audits of applications for registration

Section   17A of the Principal Act (as inserted by Schedule   1 to the Amending Act) applies to an audit that starts to be conducted at or after the main commencement time.

4   Application--notifying the National VET Regulator of material changes

The amendments of section   25 of the Principal Act made by Schedule   1 to the Amending Act apply to a matter that an NVR registered training organisation becomes aware of at or after the main commencement time.

5   Application--provision of information

The amendments of subsections   26(1) and (2) of the Principal Act made by Schedule   1 to the Amending Act apply to a notice given under subsection   26(1) of the Principal Act at or after the main commencement time.

6   Application--renewal of registration

The amendments of subsection   20(1) and section   31 of the Principal Act made by Schedule   1 to the Amending Act apply in relation to a decision on an application for renewal if the application is made at or after the main commencement time.

7   Application--compliance audits

Subsections   35(1A), (1B), (1C) and (1D) of the Principal Act (as inserted by Schedule   1 to the Amending Act) apply to a compliance audit that starts to be conducted at or after the main commencement time.

8   Application--suspension of registration

The amendment of section   38 of the Principal Act made by Schedule   1 to the Amending Act applies to a notice given under subsection   38(1) of the Principal Act at or after the main commencement time.

9   Application--cancellation of registration

Subsection   39(4) of the Principal Act (as added by Schedule   1 to the Amending Act) applies to a notice given under subsection   39(1) of the Principal Act at or after the main commencement time.

10   Application--renewal of accreditation

The amendments of subsection   46(1) and section   50 of the Principal Act made by Schedule   1 to the Amending Act apply in relation to a decision on an application for renewal if the application is made at or after the main commencement time.

11   Application--provision of VET course on behalf of NVR registered training organisation

The amendments of sections   116 and 117 of the Principal Act made by Schedule   1 to the Amending Act apply to the provision of a VET course before, at or after the main commencement time.

12   Application--applications for reconsideration of decisions

Subsections   200(6) and (7) of the Principal Act (as added by Schedule   1 to the Amending Act) apply to:

  (a)   an application made under subsection   200(2) of the Principal Act before the main commencement time, if a decision on the application has not been made under section   201 of the Principal Act before the main commencement time; and

  (b)   an application made under subsection   200(2) of the Principal Act at or after the main commencement time.

13   Application--review by the Administrative Appeals Tribunal

The amendment of subsection   203(2) of the Principal Act made by Schedule   1 to the Amending Act applies to an application made under that subsection at or after the main commencement time.

14   Application--VET student records required to be provided to the National VET Regulator

The amendments of section   211 of the Principal Act made by Schedule   1 to the Amending Act apply in relation to a requirement to provide a copy of VET student records if the requirement is attributable to:

  (a)   the cancellation of an organisation's registration that takes effect at or after the main commencement time; or

  (b)   the effective cessation of the operations of an organisation that occurs at or after the main commencement time.

15   Application--VET student records requested to be provided to the National VET Regulator

The amendment of section   212 of the Principal Act made by Schedule   1 to the Amending Act applies to a request made at or after the main commencement time.

16   Application--inclusion of information on the National Register

Amendments commencing at early commencement time

(1)   The amendment of paragraph   216(1)(b) of the Principal Act made by Schedule   2 to the Amending Act applies to requirements made under subsection   38(2) of the Principal Act before, at or after the early commencement time.

(2)   Paragraph   216(1)(ca) of the Principal Act (as inserted by Schedule   2 to the Amending Act) applies to a sanction imposed before, at or after the early commencement time.

(3)   Subsection   216(1A) of the Principal Act (as inserted by Schedule   2 to the Amending Act) applies to a cessation that occurs before, at or after the early commencement time.

Amendments commencing at main commencement time

(4)   The amendments of paragraph   216(1)(a) of the Principal Act made by Schedule   1 to the Amending Act apply to an NVR registered training organisation that is registered before, at or after the main commencement time.

(5)   Paragraph   216(1)(aa) of the Principal Act (as inserted by Schedule   1 to the Amending Act) applies to an application made before, at or after the main commencement time.

(6)   Paragraph   216(1)(ab) of the Principal Act (as inserted by Schedule   1 to the Amending Act) applies to a refusal that occurs before, at or after the main commencement time.

(7)   Paragraph   216(1)(da) of the Principal Act (as inserted by Schedule   1 to the Amending Act) applies to an application made before, at or after the main commencement time.

(8)   Paragraph   216(1)(db) of the Principal Act (as inserted by Schedule   1 to the Amending Act) applies to a refusal that occurs before, at or after the main commencement time.

17   Application--entry of public information on the National Register

Subsection   216(3A) of the Principal Act (as inserted by Schedule   1 to the Amending Act) applies to information released to the public before, at or after the main commencement time.

18   Application--approval of corporate plan

The amendments of section   218 of the Principal Act made by Schedule   1 to the Amending Act apply to a corporate plan for a period that begins after the early commencement time.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback