Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Definitions
In this Schedule:
Amending Schedule means Schedule 1 to the National Vocational Education and Training Regulator Amendment (Strengthening Quality and Integrity in Vocational Education and Training No. 1) Act 2024 .
first commencement time means the time at which this Schedule commences.
Principal Act means the National Vocational Education and Training Regulator Act 2011 .
second commencement time means the time at which Part 1 of the Amending Schedule commences.
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--lapse of registration
General
(1) The amendments of section 20 of the Principal Act made by Part 1 of the Amending Schedule apply in relation to any registration in force immediately before, at or after the second commencement time.
Lapse due before the second commencement time
(2) Despite subsection 40A(2) of the Principal Act, as inserted by Part 1 of the Amending Schedule, if:
(a) section 40A of the Principal Act, as inserted by Part 1 of the Amending Schedule, applies in relation to an NVR registered training organisation; and
(b) the measurement period in relation to the organisation ends before the second commencement time;
the organisation's registration lapses at the second commencement time instead of the end of the measurement period (subject to section 40B of the Principal Act, as inserted by Part 1 of the Amending Schedule).
Applications for extensions before the second commencement time
(3) An NVR registered training organisation may, before the second commencement time, make an application for the purposes of subsection 40B(1) of the Principal Act, as inserted by Part 1 of the Amending Schedule, as if that subsection had commenced.
(4) Subsection 40B(3) of the Principal Act, as inserted by Part 1 of the Amending Schedule, applies in relation to any application made after the second commencement time for the purposes of subsection 40B(1) of the Principal Act, as inserted by Part 1 of the Amending Schedule.
(5) Despite subsection 40B(2) of the Principal Act, as inserted by Part 1 of the Amending Schedule, if:
(a) section 40A of the Principal Act, as inserted by Part 1 of the Amending Schedule, would apply in relation to an NVR registered training organisation; and
(b) the measurement period in relation to the organisation would end before the second commencement time;
an application by the organisation under subsection 40B(1) of the Principal Act, as inserted by Part 1 of the Amending Schedule, may be made during the period:
(c) beginning at the first commencement time; and
(d) ending 60 days before the second commencement time.
(6) Despite subsection 40B(2) of the Principal Act, as inserted by Part 1 of the Amending Schedule, if:
(a) section 40A of the Principal Act, as inserted by Part 1 of the Amending Schedule, would apply in relation to an NVR registered training organisation; and
(b) the measurement period in relation to the organisation would end within 30 days after the second commencement time;
an application by the organisation under subsection 40B(1) of the Principal Act, as inserted by Part 1 of the Amending Schedule, may be made during the period:
(c) beginning at the first commencement time; and
(d) ending 60 days before the end of the measurement period.
(7) For the purposes of subitems (5) and (6):
(a) disregard subsection 40B(4) of the Principal Act, as inserted by Part 1 of the Amending Schedule; and
(b) assume that, after the first commencement time, the organisation provides no training or assessments of the kind mentioned in subsection 40A(1) of the Principal Act, as inserted by Part 1 of the Amending Schedule.
Records
(8) The amendments of section 211 of the Principal Act made by Part 1 of the Amending Schedule apply in relation to any registration that ends (within the meaning given by subsection 211(2AA) of the Principal Act, as inserted by Part 1 of the Amending Schedule) at or after the second commencement time, whether the records were created before or after the second commencement time.
4 Application--change to scope of registration
The amendments of section 32 of the Principal Act made by Part 2 of the Amending Schedule apply in relation to any application made at or after the first commencement time.
5 Application--period of reconsideration
The amendments of section 202 of the Principal Act made by Part 3 of the Amending Schedule apply in relation to the following:
(a) any application for reconsideration that is made at or after the first commencement time;
(b) any application for reconsideration that is made before the first commencement time if, immediately before the first commencement time, a decision on the application has not been made, or taken to have been made, by the National VET Regulator.
6 Application--order of consideration
Section 17B of the Principal Act, as inserted by Part 4 of the Amending Schedule, applies in relation to the following:
(a) any application for registration that is made at or after the first commencement time;
(b) any application for registration that is made before the first commencement time if, immediately before the first commencement time, a decision on the application has not been made, or taken to have been made, by the National VET Regulator.
7 Application--registration
The amendments of section 17 of the Principal Act made by Part 8 of the Amending Schedule apply in relation to any application made at or after the first commencement time.
8 Application--audit report
The amendments of section 17A of the Principal Act made by Part 8 of the Amending Schedule apply in relation to a report prepared before, at or after the first commencement time.
9 Application--change of scope of registration
The amendments of section 33 of the Principal Act made by Part 8 of the Amending Schedule apply in relation to any application made at or after the first commencement time.
10 Application--compliance audit report
The amendments of section 35 of the Principal Act made by Part 8 of the Amending Schedule apply in relation to a report prepared before, at or after the first commencement time.
11 Application--reconsideration of a reviewable decision
The amendments of section 201 of the Principal Act made by Part 8 of the Amending Schedule apply in relation to the following:
(a) any application made under section 200 of the Principal Act at or after the first commencement time;
(b) any application made under section 200 of the Principal Act before the first commencement time if, immediately before the first commencement time, a decision on the application has not been made, or taken to have been made, by the National VET Regulator.