Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 Definitions
In this Schedule:
Amending Act means the National Vocational Education and Training Regulator Amendment (Governance and Other Matters) Act 2020 .
Chief Commissioner has the same meaning as in the Principal Act immediately before the later commencement time.
Chief Executive Officer has the same meaning as in the Principal Act immediately before the later commencement time.
Commissioner has the same meaning as in the Principal Act immediately before the later commencement time.
early commencement time means the start of the day on which Schedule 2 to the Amending Act commences.
later commencement time means the time at which Part 1 of Schedule 1 to the Amending Act commences.
National VET Regulator has the same meaning as in the Principal Act.
Principal Act means the National Vocational Education and Training Regulator Act 2011 .
VET information has the same meaning as in the Principal Act.
2 Things done by, or in relation to, a Commissioner or the Chief Executive Officer
(1) If a thing was done by, or in relation to, a Commissioner (including the Chief Commissioner) or the Chief Executive Officer under a law of the Commonwealth before the later commencement time, then the thing is taken, at and after that time, to have been done by, or in relation to, the National VET Regulator.
(2) The Minister may, by legislative instrument, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, a Commissioner (including the Chief Commissioner) or the Chief Executive Officer.
(3) To avoid doubt, doing a thing includes making an instrument.
(4) Nothing in this item produces the result that the appointment of a person as a Commissioner (including the Chief Commissioner) before the later commencement time has effect, at or after that time, as if it were an appointment of the person as the National VET Regulator.
3 Effect of things done by the National VET Regulator before the commencement of the Amending Act
A thing done by, or in relation to, the National VET Regulator under a law of the Commonwealth before the later commencement time is not affected by the amendments made by Schedule 1 to the Amending Act.
4 Consultants
A consultant engaged under section 184 of the Principal Act immediately before the later commencement time is, at and after that time, taken to be engaged under section 172 of that Act.
5 Unauthorised disclosure of VET information
Despite the amendment of section 204 of the Principal Act by Schedule 1 to the Amending Act, that section, as in force immediately before the later commencement time, continues to apply at and after that time in relation to a person who was any of the following at any time before the later commencement time:
(a) a Commissioner;
(b) the Chief Executive Officer;
(c) a consultant engaged under section 184 of the Principal Act.
6 Protections from civil actions
Despite the amendment of section 233 of the Principal Act by Schedule 1 to the Amending Act, that section, as in force immediately before the later commencement time, continues to apply at and after that time in relation to a person who was a Commissioner at any time before the later commencement time.
7 Party to pending proceedings
(1) If, immediately before the later commencement time:
(a) the National VET Regulator was a party to proceedings under the name "Australian Skills Quality Authority"; and
(b) the proceedings were pending in any court or tribunal;
then, at and after the later commencement time, the National VET Regulator is taken to continue as a party to the proceedings under the name "National Vocational Education and Training Regulator".
(2) However, if the Minister determines a different name under which the National VET Regulator is to continue as a party to the proceedings, then the Regulator is taken to continue as a party to the proceedings under that name.
(3) The Minister must notify the court or tribunal in writing of a determination under subitem (2).
8 Disclosure of information
Section 210A (as inserted by Schedule 2 to the Amending Act) applies to a disclosure of information by the National Centre for Vocational Education Research at or after the early commencement time, even if the information was collected by the Centre before that time.