1July 2012 or, if any of the following events occurs before that date, until that event occurs—

1 July 2012 or, if any of the following events occurs before that date, until that event occurs— (a) the Authority suspends or cancels the school's registration; (b) in the case of a school that offered either the VCE, VCAL or the International Baccalaureate Diploma or more than one of those courses, before the commencement day, the school is no longer able to continue to provide that course or any of those courses so offered because of one or more of the following— (i) the Victorian Curriculum and Assessment Authority withdraws its acceptance of the school's ability to offer the course or courses; (ii) the International Baccalaureate Organisation withdraws its approval of the school's ability to offer the International Baccalaureate Diploma. (2) In this section ***commencement day*** means the date of commencement of sections 29 and 30 of the **Education and Training Reform Further Amendment Act 2008**. S. 6.1.12 inserted by No. 27/2010 s. 60. 6.1.12 Transitional provisions—Education and Training Reform Amendment Act 2010 (1) Each Merit Protection Board constituted before the commencement day is abolished and its members go out of office. (2) Despite subsection (1), if before the commencement day a Merit Protection Board had begun to hear a review or an appeal, that Board may continue to hear the review or appeal as if this Act had not been amended by the **Education and Training Reform Amendment Act 2010**. (3) In this section ***commencement day*** means the day that section 6 of the **Education and Training Reform Amendment Act 2010** comes into operation. S. 6.1.13 inserted by No. 27/2010 s. 60. 6.1.13 Transitional provisions—Education and Training Reform Amendment Act 2010 (1) All members of the Council of the Victorian Institute of Teaching go out of office on 28 November 2011. (2) The Council of the Victorian Institute of Teaching continues in operation despite the changes to its constitution effected under section 13 of the **Education and Training Reform Amendment Act 2010**. S. 6.1.14 inserted by No. 27/2010 s. 60. 6.1.14 Transitional provisions—Education and Training Reform Amendment Act 2010 (1) Despite the amendments made to section 2.6.11 by section 18 of the **Education and Training Reform Amendment Act 2010**, the period of registration of a person registered as a non‑practising teacher immediately before the commencement of that section 18 remains in force until the expiry of that period. (2) Despite the amendments made to section 2.6.14 by section 20 of the **Education and Training Reform Amendment Act 2010**, the period of registration of a person granted permission to teach immediately before the commencement of that section 20 remains in force until the expiry of that period. (3) Despite the amendments made to section 2.6.17 by section 23 of the **Education and Training Reform Amendment Act 2010**, the period of registration of a teacher (within the meaning of section 2.6.17 as in force before the amendments made to it by that section 23) who was registered immediately before the commencement of that section 23, is taken to continue in force until the first occurrence of 30 September after the day that the registration would have expired under section 2.6.17 as in force before the amendments made to it by that section 23. S. 6.1.15 inserted by No. 27/2010 s. 61. 6.1.15 Transitional provision—Education and Training Reform Amendment Act 2010 (1) This section applies to a school that is deemed under clause 1.5 of Schedule 8 to be registered as a school under this Act. (2) A school is deemed to be registered under Division 3 of Part 4.3 with respect to the following accredited senior secondary courses if immediately before 1 July 2007 the school— (a) in the case of the VCE or VCAL, had been accepted by the Victorian Assessment and Curriculum Authority to offer the VCE or VCAL (as the case may be); (b) in the case of the International Baccalaureate Diploma, had been approved by the International Baccalaureate Organisation to offer the International Baccalaureate Diploma. S. 6.1.16 inserted by No. 28/2010 s. 18. 6.1.16 Transitional provision—Education and Training Reform Further Amendment Act 2010 The registration fee payable in respect of the period that the registration of a teacher is taken to continue in force under section 6.1.14(3) is the fee fixed by the Minister in accordance with section 2.6.77(3). S. 6.1.17 inserted by No. 28/2010 s. 19. 6.1.17 Transitional provisions—Education and Training Reform Amendment Act 2010 (1) The land vested in the Minister under the **Mildura College Lands Act 1916** immediately before the repeal of that Act, being all the parcels of land shown as the Mildura schools land on the plans numbered LEGL./09–397 and LEGL./09–398 and lodged in the Central Plan Office, vests in the Minister administering Part 5.7A of the **Education and Training Reform Act 2006**. (2) The Minister administering Part 5.7A of the **Education and Training Reform Act 2006** is deemed to be the registered proprietor of all land that is vested in that Minister under subsection (1). (3) A reference in a document relating to land referred to in subsection (1) to a person or body as the registered proprietor of that land is taken to be a reference to the Minister administering Part 5.7A of the **Education and Training Reform Act 2006**. (4) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title and any other documents that the Registrar of Titles considers necessary, must make any amendments in the Register that are necessary because of the operation of this section. (5) This section does not apply in respect of the land described in Volume 10049 Folio 739 of the Register held in the name of Owners Corporation Plan No. PS 308692B. S. 6.1.18 inserted by No. 28/2010 s. 19. 6.1.18 Transitional provisions—Education and Training Reform Further Amendment Act 2010 (1) A lease of land, or an easement over or in respect of land, granted to or in favour of any person under the **Mildura College Lands Act 1916** that existed before the repeal of that Act is taken to be granted under Division 2 of Part 5.7A. (2) Section 5.7A.10 does not apply in respect of a lease of land referred to in subsection (1) for the duration of the lease if the lease provides for a 10 year review of the rent on that lease. (3) Any application made to VCAT under section 2(ec) of the **Mildura College Lands Act 1916** before the repeal of that Act that has notbegun to be heard by VCAT is taken to be an application made to VCAT under section 5.7A.12. (4) If VCAT has begun to hear but has not given the final determination on a matter for review in respect of an application under section 2(ec) of the **Mildura College Lands Act 1916** before the repeal of that Act, the matter may continue to be heard and determined as if the application were made under section 5.7A.12. (5) An agreement entered into between the Minister and a trustee company under section 2(f) of the **Mildura College Lands Act 1916** before the repeal of that Act is taken to be an agreement entered into between the Minister and that trustee company under Division 3 of Part 5.7A. (6) Any fund established under section 2(fa)(i) of the **Mildura College Lands Act 1916** before the repeal of that Act is taken to be a fund established under Division 3 of Part 5.7A and the money standing to the credit of that fund before that repeal must be dealt with in accordance with Division 3 of Part 5.7A. (7) The special fund established under section 3 of the **Mildura College Lands Act 1916** before the repeal of that Act is taken to be the special fund established under Division 4 of Part 5.7A. (8) Any proceeds derived from the sale of land or the granting of an easement over or in respect of land under the **Mildura College Lands Act 1916** or any other disposition in fee simple of any part of the land before the repeal of that Act must be dealt with in accordance with Division 4 of Part 5.7A as if the land were sold or the easement granted under Division 2 of Part 5.7A and the income derived from those proceeds must be applied in accordance with Division 3 of Part 5.7A. (9) For the purposes of Part 5.7A, until an Order is made under section 5.7A.6, a beneficiary school is taken to be any school listed as a beneficiary in Schedule 2 to the **Mildura College Lands Act** **1916** before the repeal of that Act. (10) Any reference in the recited indentures referred to in the preamble to the **Mildura College Lands Act 1916** to an agricultural school or college is taken to be a reference to the beneficiary schools within the meaning of Part 5.7A. S. 6.1.19 inserted by No. 71/2010 s. 70. 6.1.19 Transitional and savings provisions—Education and Training Reform Amendment (Skills) Act 2010 (1) The Authority is taken to be the same body despite the changes relating to its membership made by section 6 of the amending Act. (2) The Commission is taken to be the same body despite the changes relating to its membership made by section 53 of the amending Act. (3) Any guidelines issued under section 4.3.11(3) in force immediately before the commencement of section 17 of the amending Act are taken to be guidelines issued under section 4.3.18A to the extent that the guidelines issued under section 4.3.11(3) could have been issued under section 4.3.18A. S. 6.1.19(4)(5) repealed by No. 73/2012 s. 32. (6) Section 3.1.26A inserted by section 60 of the amending Act does not apply to a person or body that was using the term "TAFE" or "technical and further education" in its name, or in a description of its activities, operations or services in connection with its operations in and from Victoria immediately before the commencement of section 60 of the amending Act until 1 January 2012. (7) In this section ***amending Act*** means the **Education and Training Reform Amendment (Skills) Act 2010**. S. 6.1.20 inserted by No. 76/2011 s. 11. 6.1.20 Transitional—Education and Training Reform Amendment (Skills) Act 2010 A person, body or school that was registered under section 4.3.10 with respect to an accredited course or registered qualification relating to the provision of vocational education and training or further education immediately before the commencement of section 8 of the **Education and Training Reform Amendment (Skills) Act 2010** is taken to be registered under section 4.3.16 as a training organisation with respect to that course or qualification. S. 6.1.21 inserted by No. 76/2011 s. 11. 6.1.21 Validation of practical placement agreements by certain training organisations (1) This section applies to an agreement— (a) that, before the commencement day, was entered into or purported to have been entered into under Division 2 of Part 5.4 for the placement of a student of a training organisation that at that time was treated as being registered on the National Register under section 4.3.14; and (b) that would have been validly entered into if section 10 of the 2011 Act had been in operation at the time at which the agreement was entered into or purported to have been entered into. (2) The agreement has, and is taken always to have had, the same force and effect as it would have had if section 10 of the 2011 Act had been in operation at the time at which the agreement was entered into or purported to have been entered into. ***commencement day*** means the day on which section 10 of the 2011 Act comes into operation. S. 6.1.22 inserted by No. 76/2011 s. 12. 6.1.22 Validation of actions of boards of TAFE institutes and adult education institutions outside of Victoria (1) Any thing done or purported to have been done under this Act outside of Victoria by the board of a TAFE institute before the commencement of sections 3 and 4 of the 2011 Act that would have been validly done if sections 3 and 4 had been in operation at the time at which the thing was done or purported to have been done has, and is taken always to have had, the same force and effect as it would have had if sections 3 and 4 had been in operation at the time at which the thing was done or purported to have been done. (2) Any thing done or purported to have been done under this Act outside of Victoria by the governing board of an adult education institution before the commencement of sections 5 and 6 of the 2011 Act that would have been validly done if sections 5 and 6 had been in operation at the time at which the thing was done or purported to have been done has, and is taken always to have had, the same force and effect as it would have had if sections 5 and 6 had been in operation at the time at which the thing was done or purported to have been done. (3) In this section ***2011 Act*** means the **Education and** **Training Reform Amendment (Skills) Act** **2011**. S. 6.1.23 inserted by No. 76/2011 s. 12. 6.1.23 Validation of work experience arrangements—student in accredited senior secondary course (1) This section applies to a work experience arrangement— (a) that was entered into or purported to have been entered into before the commencement day under Division 1 of Part 5.4 for the placement of a student who before the commencement day was in an accredited senior secondary course (within the meaning of section 4.1.1)— (i) at a TAFE institute or a university with a TAFE division; or (ii) provided by a person or body registered under section 4.3.10 with respect to that course; and (b) that would have been validly entered into if section 8 of the 2011 Act had been in operation at the time at which the arrangement was entered into or purported to have been entered into. Note to s. 6.1.23(1) inserted by No. 76/2013 s. 14. Before the commencement day the term ***university with a TAFE division*** meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University. (2) The work experience arrangement has, and is taken always to have had, the same force and effect as it would have had if section 8 of the 2011 Act had been in operation at the time at which the arrangement was entered into or purported to have been entered into. ***commencement day*** means the day on which section 8 of the 2011 Act comes into operation. S. 6.1.24 inserted by No. 76/2011 s. 12. 6.1.24 Validation of structured workplace learning arrangements (1) This section applies to a structured workplace learning arrangement— (a) that was entered into or purported to have been entered into before the commencement day under Division 1 of Part 5.4 for the placement of a student who before the commencement day was in an accredited senior secondary course (within the meaning of section 4.1.1) provided by a person or body registered under section 4.3.10 with respect to that course; and (b) that would have been validly entered into if section 8 of the 2011 Act had been in operation at the time at which the arrangement was entered into or purported to have been entered into. (2) The structured workplace learning arrangement has, and is taken always to have had, the same force and effect as it would have had if section 8 of the 2011 Act had been in operation at the time at which the arrangement was entered into or purported to have been entered into. ***commencement day*** means the day on which section 8 of the 2011 Act comes into operation. S. 6.1.25 inserted by No. 76/2011 s. 12. 6.1.25 Validation of practical placement agreements involving students not above compulsory school age (1) This section applies to an agreement— (a) that was entered into or purported to have been entered into before the commencement day under Division 2 of Part 5.4 for the placement of a student who at the time of the placement was not above the compulsory school age; and (b) that would have been validly entered into if section 9 of the 2011 Act had been in operation at the time at which the agreement was entered into or purported to have been entered into. (2) The agreement has, and is taken always to have had, the same force and effect as it would have had if section 9 had been in operation at the time at which the agreement was entered into or purported to have been entered into. ***commencement day*** means the day on which section 9 of the 2011 Act comes into operation. S. 6.1.27 inserted by No. 39/2012 s. 52. 6.1.27 Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012 (1) On and from the commencement day, a determination made by the Commission under section 5.5.2 that was in force immediately before that day is taken to be a determination made by the Authority under section 5.5.2. (2) On and from the commencement day, a determination made by the Commission and referred to in section 5.5.3 that was in force immediately before that day is taken to be a determination made by the Authority and referred to in section 5.5.3. (3) On and from the commencement day, an approval given by the Commission under section 5.5.7 that was in force immediately before that day is taken to be an approval given by the Authority under section 5.5.7 and is subject to any condition to which the approval was subject before the commencement day. (4) On and from the commencement day, an approval given by the Commission under section 5.5.10 that was in force immediately before that day is taken to be an approval given by the Authority under section 5.5.10. (5) On and from the commencement day, an approval or consent given by the Commission under section 5.5.11 that was in force immediately before that day is taken to be an approval or consent given by the Authority under section 5.5.11. (6) On and from the commencement day, if a training contract has been executed in accordance with section 5.5.12 before that day, the following applies— (a) the Commission must transfer the training contract to the Authority if it was lodged with the Commission before the commencement day; (b) if the training contract has not been lodged with the Commission before the commencement day, the employer must— (i) lodge the training contract with the Authority or any person or body nominated by the Commission before the commencement day or, if there is no such nomination*,* with any person or body nominated by the Authority; and (ii) give a copy of the training contract to the apprentice within 14 days after the date the employment of the apprentice commences or any further time allowed by the Commission before the commencement day or, if there was no such further time allowed*,* within any further time allowed by the Authority. (7) On and from the commencement day, a declaration made by the Commission under section 5.5.12(3) that was in force immediately before that day is taken to be a declaration made by the Authority under section 5.5.12(3). (8) On and from the commencement day, if a training contract has commenced before that day, the following applies— (a) the Commission must transfer to the Authority any training plan relating to that training contract that was lodged with the Commission under section 5.5.13 before the commencement day; (b) if a training plan relating to the training contract has not been lodged with the Commission before the commencement day, the employer must lodge the training contract with the Authority or an approved training agent or any person or body nominated by the Commission before the commencement day or, if there is no such nomination, with any person or body nominated by the Authority. (9) On and from the commencement day, a determination made by the Commission under section 5.5.14 that was in force immediately before that day is taken to be a determination made by the Authority under section 5.5.14. (10) If the Commission began to consider whether it should make an order under section 5.5.15(2) before the commencement day and did not make the order before that day, the Commission may make the order under section 5.5.15(2) as if that section had not been amended by the amending Act. (11) On and from the commencement day, an order made by the Commission under section 5.5.15(2) that was in force immediately before that day or an order made by the Commission under section 5.5.15(2) on or after that day in accordance with subsection (10), is taken to be an order made by the Authority under section 5.5.15(2). (12) If an application under section 5.5.16(2) is received by the Commission before the commencement day and not finally determined by the Commission before that day, the Commission may make an order relating to that application under section 5.5.16 as if that section had not been amended by Part 2 of the amending Act. (13) On and from the commencement day, an order made by the Commission under section 5.5.16(2) that was in force immediately before that day or an order made by the Commission under section 5.5.16(2) on or after that day in accordance with subsection (12), is taken to be an order made by the Authority under section 5.5.16(2). (14) If a matter has been referred to the Commission under section 5.5.17 before the commencement day and not finally determined by the Commission before that day, the Commission may determine the matter and make an order under section 5.5.17 as if that section had not been amended by Part 2 of the amending Act. (15) On and from the commencement day, a determination or order made by the Commission under section 5.5.17 that was in force immediately before that day or a determination or order made by the Commission under section 5.5.17 on or after that day in accordance with subsection (14), is taken to be a determination or order made by the Authority under section 5.5.17. (16) If an application for review under section 5.5.22 is received by the Commission before the commencement day and not finally determined by the Commission before that day, the Commission may determine the application under section 5.5.22 as if that section had not been amended by Part 2 of the amending Act. (17) If an application for review of a decision of an approved training agent acting as a delegate of the Commission is received by the Authority under section 5.5.22 on or after the commencement day, the Authority may determine the application under section 5.5.22 as if the approved training agent had been acting as a delegate of the Authority when he or she had made the decision. (18) On or after the commencement day, the Commission must transfer to the Authority the register of apprentices maintained under section 5.5.23. (19) On and from the commencement day, a declaration made by the Commission under clause 2 of Schedule 4 that was in force immediately before that day is taken to be a declaration made by the Authority under clause 2 of Schedule 4. (20) In this section— ***amending Act*** means the **Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012**; S. 6.1.28 inserted by No. 39/2012 s. 52, repealed by No. 73/2012 s. 32. S. 6.1.29 inserted by No. 39/2012 s. 52. 6.1.29 Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012 (1) On the commencement day— (a) the Adult, Community and Further Education Board continued in operation under section 3.3.2 is the successor in law of each Regional Council; and (b) all rights, assets, liabilities and obligations of each Regional Council immediately before that commencement become the rights, assets, liabilities and obligations of the Adult, Community and Further Education Board continued in operation under section 3.3.2; and (c) the Adult, Community and Further Education Board continued in operation under section 3.3.2 is substituted for each Regional Council as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to that Regional Council; and (d) the Adult, Community and Further Education Board continued in operation under section 3.3.2 may continue and complete any other continuing matter or thing commenced by, against or in relation to a Regional Council. (2) Each Regional Council ceases to be a body corporate on the commencement day but continues in operation as an unincorporated body by the same name on and from that day, subject to this Act. (3) Despite sections 41 and 42 of the amending Act, each member of a Regional Council remains in office for the period of his or her appointment to that office, subject to this Act. ***amending Act*** means the **Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012**; ***commencement day*** means the day on which section 42 of the amending Act comes into operation; ***Regional Council*** has the same meaning as in section 3.3.1. S. 6.1.30 inserted by No. 39/2012 s. 52. 6.1.30 Transitional and savings provisions—the Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012 Despite the changes to the Authority's membership made by section 44 of the **Education Legislation Amendment (VET Sector, Universities and Other Matters)** **Act 2012** the Authority is taken to be the same body and continues in operation subject to this Act. S. 6.1.31 inserted by No. 73/2012 s. 33. 6.1.31 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 (1) All accounts or records required to be kept by the Commission under section 3.1.4(5) as in force immediately before the commencement day become accounts and records of the Secretary. (2) On the commencement day the Victorian Skills Commission is abolished and its members go out of office. (a) all rights, assets, liabilities and obligations of the Victorian Skills Commission, immediately before its abolition, become rights, assets, liabilities and obligations of the State; and (b) any fund referred to in clause 13 of Schedule 2 established in the name of the Victorian Skills Commission before that commencement day is abolished and any moneys or amounts standing to the credit of the fund are transferred to the State; and (c) the State is substituted for the Victorian Skills Commission as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the Victorian Skills Commission; and (d) a reference to the Victorian Skills Commission in an Act (except the amending Act), a subordinate instrument or any other document, is taken to be a reference to the State except in relation to matters that occurred before the commencement day; and (e) the Secretary must determine any matter or do anything that has been partly but not finally determined or done by the Victorian Skills Commission before its abolition; and (f) a determination made by the Commission under section 5.4.15 that was in force immediately before the commencement day is taken to be a determination made by the Minister under section 5.4.15; and (g) a suspension by the Commission under section 5.4.17 that was in force immediately before the commencement day is taken to be a suspension by the Minister under section 5.4.17. (4) The Secretary must submit the annual report of the Victorian Skills Commission in accordance with section 45 of the **Financial Management Act 1994** in relation to any period that has not been reported on immediately before the commencement day. S. 6.1.32 inserted by No. 73/2012 s. 33. 6.1.32 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 (1) On and from the commencement day a TAFE institute in existence before that day continues in operation and is taken— (a) to be constituted as a body corporate under Division 2 of Part 3.1; and (b) to have the objectives, functions and powers of a TAFE institute as if it were constituted under Division 2 of Part 3.1. (2) On and from the commencement day the board of a TAFE institute that was incorporated immediately before the commencement day ceases to be an incorporated body. (a) all rights, assets, liabilities and obligations of the board of a TAFE institute as an incorporated body that existed before the commencement day become rights, assets, liabilities and obligations of the TAFE institute; and (b) any fund referred to in clause 13 of Schedule 2 established in the name of the board of a TAFE institute as an incorporated body before the commencement day is taken to be a fund established in the name of the TAFE institute; and (c) the TAFE institute is substituted for the board of that TAFE institute as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the board as an incorporated body; and (d) the TAFE institute may continue and complete any other continuing matter or thing commenced by, against or in relation to the board of that institute; and (e) a person employed by the board of a TAFE institute as an incorporated body that existed before the commencement day is taken— (i) to have been employed by the institute on the same terms and conditions as those that applied to the person immediately before the commencement day as an employee of the board; and (iii) to have accrued an entitlement to benefits, in connection with the employment with the institute, that is equivalent to the entitlement that the person had accrued as an employee of the board immediately before the commencement day; and (f) the service of a person taken under paragraph (e) to be employed by the institute is taken for all purposes as having been continuous with the service of the person, immediately before the commencement day, as an employee of the board; and (g) in an Act, a subordinate instrument or any other document, a reference to the board of a TAFE institute as an incorporated body is taken to be a reference to the TAFE institute except in relation to matters that occurred before the commencement day. (4) Despite the commencement of Part 4 of the amending Act— (a) an Order in Council made or taken to be made under section 3.1.12 relating to the board of a TAFE institute, which was in force immediately before the commencement day, continues in operation, subject to this Act, until it is remade under section 3.1.11 in accordance with subsection (5); and (b) the board of a TAFE institute that was incorporated immediately before the commencement day is taken to be the same body, subject to this Act, after the commencement day as it was immediately before the commencement day; and (c) a person who immediately before the commencement day held office as a director of the board of a TAFE institute referred to in paragraph (b), including the chief executive officer of the institute and any elected member, continues to hold office as a director of that board, subject to this Act and the relevant Order in Council continued under paragraph (a), until the Order in Council is remade in accordance with subsection (5). (5) The Minister must ensure that within 12 months after the commencement day, or within any further period or periods fixed by the Minister in respect of a particular TAFE institute or board of a TAFE institute and published by notice in the Government Gazette, every Order in Council continued in operation under subsection (4)(a) is reviewed and remade. ***commencement day*** means the day on which Part 4 of the amending Act comes into operation. S. 6.1.33 inserted by No. 73/2012 s. 33. 6.1.33 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012 (1) On and from the commencement day an adult education institution in existence before that day continues in operation and is taken— (a) to be constituted as a body corporate under Division 5 of Part 3.3; and (b) to have the objectives, functions and powers of an adult education institution conferred on it as if it were constituted under Division 5 of Part 3.3. (2) On and from the commencement day the governing board of an adult education institution that was incorporated immediately before the commencement day ceases to be an incorporated body. (a) all rights, assets, liabilities and obligations of the governing board of an adult education institution as an incorporated body that existed before the commencement day become rights, assets, liabilities and obligations of the adult education institution; and (b) any fund referred to in clause 13 of Schedule 2 established in the name of the governing board of an adult education institution as an incorporated body before the commencement day is taken to be a fund established in the name of the adult education institution; and (c) the adult education institution is substituted for the governing board of that institution as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the governing board as an incorporated body; and (d) the adult education institution may continue and complete any other continuing matter or thing commenced by, against or in relation to the governing board of that institution; and (e) a person employed by the governing board of an adult education institution as an incorporated body that existed before the commencement day is taken— (i) to have been employed by the institution on the same terms and conditions as those that applied to the person immediately before the commencement day as an employee of the governing board; and (ii) to have accrued an entitlement to benefits, in connection with the employment with the institution, that is equivalent to the entitlement that the person had accrued as an employee of the governing board immediately before the commencement day; and (f) the service of a person taken under paragraph (e) to be employed by the institution is taken for all purposes as having been continuous with the service of the person, immediately before the commencement day, as an employee of the governing board; and (g) in an Act, a subordinate instrument or any other document, a reference to the governing board of an adult education institution as an incorporated body is taken to be a reference to the adult education institution except in relation to matters that occurred before the commencement day. (4) Despite the commencement of Part 4 of the amending Act— (a) an Order in Council made or taken to be made under section 3.3.29 relating to the governing board of an adult education institution, which was in force immediately before the commencement day, continues in operation, subject to this Act, until it is remade in accordance with subsection (5); and (b) the governing board of an adult education institution that was incorporated immediately before the commencement day is taken to be the same body, subject to this Act, after the commencement day as it was immediately before the commencement day; and (c) a person who immediately before the commencement day held office as a member of the governing board of an adult education institution referred to in paragraph (b), including the chief executive officer of the institution and any elected member, continues to hold office as a member of that governing board, subject to this Act and the relevant Order in Council continued under paragraph (a), until the Order in Council is remade in accordance with subsection (5). (5) The Minister must ensure that within 12 months after the commencement day, or within any further period or periods fixed by the Minister in respect of a particular governing board of an adult education institution and published by notice in the Government Gazette, every Order in Council continued in operation under subsection (4)(a) is reviewed and remade. ***commencement day*** means the day on which Part 4 of the amending Act comes into operation. S. 6.1.34 inserted by No. 76/2013 s. 15. 6.1.34 Transitional and savings provisions—the Education and Training Reform Amendment (Dual Sector Universities) Act 2013 (1) Despite the amendments made to section 5.2.9A by section 11 of the amending Act, a delegation made under section 5.2.9A(1) to the members of the council of a university or a delegation made under section 5.2.9A(2) to a person employed on the staff of a university before the commencement of section 11 of the amending Act— (a) continues to have the same force and effect; and (b) is taken to have been made under section 5.2.9A as amended by section 11 of the amending Act. (2) Section 3.1.25(3) continues to apply to an employee referred to in that section as if sections 1.1.3(1) and 3.1.25 had not been amended by the amending Act. An employee referred to in section 3.1.25(3) has continuing employment entitlements under the **Vocational Education and Training (College Employment) Act 1993**. (3) The amendments made to sections 1.1.3(1) and 3.1.25 and clause 1 of Schedule 3 by sections 3, 6 and 16 of the amending Act do not affect any entitlement of a person that existed under section 3.1.25 and clause 1 of Schedule 3 immediately before the commencement of sections 3, 6 and 16 of the amending Act. (4) A person— (a) who immediately before the commencement of section 16(4) of the amending Act was employed in a university with a TAFE division, including as an executive officer, by the council of that university; and Before the commencement of section 16(4) of the amending Act the term ***university with a TAFE division*** meant the University of Ballarat, Royal Melbourne Institute of Technology, Swinburne University of Technology or Victoria University. (b) to whom the terms and conditions of a superannuation fund or arrangement established by the **State Superannuation Act 1988** continue to apply under section 21 of the **Vocational Education and Training (College Employment) Act 1993** or clause 1 of Schedule 3— is taken to be a ***contract officer*** as defined in section 3(1) of the **Superannuation (Public Sector) Act 1992** for the purposes of section 12 of that Act— (c) if the person was employed as an executive officer, while the person continues to be employed as an executive officer by the council of a dual sector university; (d) if the person was not employed as an executive officer but after the commencement of section 16(4) of the amending Act the person is subsequently employed as an executive officer by the council of a dual sector university, while the person is so employed. (5) For the purposes of subsections (2) and (4), the **Vocational Education and Training (College Employment) Act 1993** is to be read as if a reference in section 20 or 21 of that 1993 Act to the Technical and Further Education Division of Royal Melbourne Institute of Technology, of Swinburne University of Technology or of Victoria University of Technology were a reference to a dual sector university. (6) In this section, ***amending Act*** means the **Education and Training Reform Amendment (Dual Sector Universities) Act 2013**. S. 6.1.35 inserted by No. 19/2014 s. 14. 6.1.35 Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 A reference to a national criminal history check in section 2.6.22A(1)(a) includes a reference to a criminal record check within the meaning of Part 2.6 as in force before it was amended by Part 2 of the **Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014**. S. 6.1.36 inserted by No. 19/2014 s. 32. 6.1.36 Transitional and savings provision—the Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014 The Council of the Victorian Institute of Teaching is taken to be the same body on and after the commencement of Part 4 of the **Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014** as it was before the changes made to its constitution effected under Part 4 of that Act. S. 6.1.37 inserted by No. 19/2014 s. 88. 6.1.37 Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—registration of early childhood teachers (1) In this section— ***current early childhood teacher*** means a person who was employed or engaged as an early childhood teacher on or before the commencement of section 47 of the **Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014**; ***relevant day*** means the day that is 6 months after the day on which section 47 of the **Education and** **Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014** commences. (2) A person or body does not commit an offence under section 2.6.56A or 2.6.56B before the relevant day for employment or engagement of a current early childhood teacher who is not registered. (3) On and after the relevant day, a person or body does not commit an offence under section 2.6.56A or 2.6.56B for employment or engagement of a current early childhood teacher who is not registered if— (a) the current early childhood teacher applied for registration under Division 3A of Part 2.6 on or before the relevant day; and (b) the application has not been determined. (4) Despite the commencement of section 2.3.9(3)(a), a current early childhood teacher who is not registered may be employed by a school council— (a) before the relevant day; and (b) on and after the relevant day if— (i) the current early childhood teacher applied for registration under Division 3A of Part 2.6 on or before the relevant day; and (ii) the application has not been determined. (5) A registered teacher or a current early childhood teacher who applies for registration under Division 3A of Part 2.6 on or before the relevant day is taken to meet the requirements for professional practice under section 2.6.12A. S. 6.1.38 inserted by No. 19/2014 s. 88. 6.1.38 Transitional and savings provision—Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014—VIT Council The Council of the Victorian Institute of Teaching is taken to be the same body on and after the commencement of section 44 of the **Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014** as it was before the changes made to its constitution effected by section 44 of that Act. S. 6.1.39 inserted by No. 37/2015 s. 24. 6.1.39 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2015 (1) Despite the changes made to the membership of a Regional Council by section 11 of the amending Act, the Regional Council is taken to be the same body. (2) Despite the repeal of section 5.2.12 by section 22 of the amending Act, an Order made by the Minister under section 5.2.12 as in force immediately before its repeal is taken to be an Order made under section 5.10.4. (3) On and from the commencement of section 22 of the amending Act, any reference to an Order made under section 5.2.12 in any Act (except the amending Act), subordinate instrument, agreement or other document, as far as it relates to any period after that commencement, is taken to be a reference to an Order made under section 5.10.4. ***amending Act*** means the **Education and Training Reform Amendment (Miscellaneous) Act 2015**. S. 6.1.40 inserted by No. 69/2015 s. 8. 6.1.40 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (1) Despite the commencement of Part 2 of the amending Act— (a) an Order in Council made under section 3.1.11 relating to the board of a TAFE institute, which was in force immediately before the commencement day, continues in operation, subject to this Act, until it is remade under section 3.1.11 in accordance with subsection (2); and (b) the board of a TAFE institute is taken to be the same body on and after the commencement day despite the changes to its constitution made by Part 2 of the amending Act and no decision, matter or thing is to be affected by the changes to the constitution of that board made by Part 2 of the amending Act; and (c) a person who on the day immediately before the commencement day held office as a director of the board of a TAFE institute referred to in paragraph (b) continues to hold office as a director of that board on the same terms and conditions as those on which the person held office immediately before the commencement day, subject to this Act and the relevant Order in Council continued under paragraph (a), until the commencement of the Order in Council that is remade in accordance with subsection (2); and (d) sections 3.1.16 and 3.1.18 apply to a board of a TAFE institute referred to in paragraph (b) and a director referred to in paragraph (c) as if those sections had not been amended by Part 2 of the amending Act. (2) The Minister must ensure that within 6 months after the commencement day, or within any further period or periods fixed by the Minister in respect of the board of a TAFE institute, every Order in Council relating to the board of a TAFE institute continued in operation under subsection (1)(a) is reviewed and remade under section 3.1.11. (3) The Minister must cause a notice to be published in the Government Gazette of any further period fixed by the Minister under subsection (2). (4) On and after the commencement of an Order in Council relating to the board of a TAFE institute that is remade under section 3.1.11 in accordance with subsection (2)— (a) the board of that TAFE institute existing immediately before the commencement day is abolished and its directors go out of office; and (b) if the person who held office as the chairperson of the board of a TAFE institute abolished under paragraph (a) is appointed by the Minister as a director of the incoming board of that TAFE institute, that person is taken to be the interim chairperson of the incoming board of that TAFE institute; and (c) if the person who held office as the chairperson of the board of a TAFE institute abolished under paragraph (a) is not appointed by the Minister as a director of the incoming board of that TAFE institute, the Minister must appoint a director of the incoming board of that TAFE institute as the interim chairperson of the incoming board. (5) The term of office of an interim chairperson who is taken to be appointed under subsection (4)(b) or who is appointed by the Minister under subsection (4)(c) ends on the earlier of the following— (a) 2 months after the term of office begins; or (b) when a chairperson of the incoming board is elected and appointed in accordance with section 3.1.16A. ***amending Act*** means the **Education Legislation Amendment (TAFE and University Governance Reform) Act 2015**; S. 6.1.41 inserted by No. 9/2016 s. 17. 6.1.41 Transitional and savings provisions—Education and Training Reform Amendment (Victorian Institute of Teaching) Act 2016 (1) On and from the commencement day the Council is taken to be the same body as it was before that commencement despite the changes made to its constitution by Part 3 of the amending Act and no decision, matter or thing is affected by those changes. (2) On the commencement day the members of the Council appointed under section 2.6.6(3)(a) in office immediately before that day go out of office. ***amending Act*** means the **Education and Training Reform Amendment (Victorian Institute of Teaching) Act 2016**; ***commencement day*** means the day on which Part 3 of the amending Act comes into operation. S. 6.1.42 inserted by No. 42/2016 s. 12, amended by No. 31/2018 s. 65(6). 6.1.42 Transitional provision—Education and Training Reform Amendment (Miscellaneous) Act 2016 Section 2.4.61A, as inserted by section 5 of the **Education and Training Reform Amendment (Miscellaneous) Act 2016**, applies in relation to conduct occurring before or after the commencement of section 5 but does not apply in relation to conduct that is the subject of an inquiry under Division 10 of Part 2.4 that is commenced before the commencement of section 5. S. 6.1.43 inserted by No. 11/2020 s. 53. 6.1.43 Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020 (1) Despite its repeal, section 5A.4.1(3) continues to have effect in relation to a provisional registration of a teacher that was extended under section 5A.4.1(1). (2) Despite its repeal, section 5A.4.2(3) continues to have effect in relation to a provisional registration of an early childhood teacher that was extended under section 5A.4.2(1). S. 6.1.43 inserted by No. 31/2018 s. 36. 6.1.43 Transitional provisions—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018 (1) Section 2.6.21A as amended by section 15 of the amending Act does not apply to any failure to notify the Institute of any change to the name or address of a registered teacher that occurred immediately before the commencement of section 15 of the amending Act. (2) Section 2.6.26AB(1) as amended by section 16 of the amending Act does not apply to any failure to notify the Institute of any commencement of employment of a teacher at a school that occurred immediately before the commencement of section 16 of the amending Act. (3) Section 2.6.26AB(2) as amended by section 16 of the amending Act does not apply to any failure to notify the Institute of any cessation of employment of a teacher at a school that occurred immediately before the commencement of section 16 of the amending Act. (4) Section 2.6.26C(1) as amended by section 17 of the amending Act does not apply to any failure to notify the Institute of any commencement of employment of an early childhood teacher at an early childhood service that occurred immediately before the commencement of section 17 of the amending Act. (5) Section 2.6.26C(2) as amended by section 17 of the amending Act does not apply to any failure to notify the Institute of any cessation of employment of an early childhood teacher at an early childhood service that occurred immediately before the commencement of section 17 of the amending Act. ***amending Act*** means the **Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act** **2018**. S. 6.1.44 inserted by No. 33/2020 s. 13. 6.1.44 Transitional provisions relating to the Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020 (1) A premises that was being conducted as a school boarding premises immediately before the commencement day is taken, on and from that day, to be a registered school boarding premises. (2) The provider of school boarding services at a school boarding premises referred to in subsection (1) must provide to the Authority within 3 months after the commencement day— (a) an assessment as to the compliance of the premises and school boarding services with each of the prescribed minimum standards for registration of school boarding premises; and (b) a statutory declaration made by the provider, which must accompany the assessment and which confirms the veracity of the information contained in the assessment. (3) An assessment under subsection (2)(a) must be in a form approved by the Authority. (4) If the provider of school boarding services at a school boarding premises referred to in subsection (1) does not provide the Authority with an assessment and statutory declaration in accordance with subsections (2) and (3), the premises ceases to be taken to be a registered school boarding premises for the purposes of this Act at the end of the period of 6 months after the commencement day unless the Authority decides to conduct a review and evaluation under section 4.3.8G or 4.3.8H of the operation of the premises during that period. ***commencement day*** means the day on which section 7 of the **Education and Training Reform Amendment (Regulation of Student Accommodation) Act 2020** comes into operation. S. 6.1.45 inserted by No. 10/2021 s. 37. 6.1.45 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—approved teacher education courses (1) This section applies to— (a) a teacher education course; and (b) any conditions imposed on a teacher education course. (2) On and from the commencement of section 7 of the amending Act— (a) a teacher education course to which this section applies is taken to be an initial teacher education program approved by the Institute under Division 2A of Part 2.6 for the same period it was approved as a teacher education course; and (b) any condition to which this section applies is taken to be a condition imposed under section 2.6.6G. ***amending Act*** means the **Education and Training Reform Amendment (Miscellaneous) Act 2021**; ***teacher education course*** means a course— (a) approved by the Institute for a set period under section 2.6.3(1)(b) as in force immediately before the commencement of section 5 of the amending Act; or (b) approved by the Accreditation Committee for a set period under section 2.6.68(2)(a) as in force immediately before the commencement of section 9 of the amending Act. S. 6.1.46 inserted by No. 10/2021 s. 37. 6.1.46 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—various teacher education course applications (1) This section applies to an application for approval made by a provider of a program or course of study to— (a) the Institute under section 2.6.3(1)(b) as in force immediately before the commencement of section 5 of the amending Act; or (b) the Accreditation Committee under section 2.6.68(2)(a) as in force immediately before the commencement of section 9 of the amending Act. (2) On and from the commencement of section 7 of the amending Act, an application to which this section applies for— (a) approval of a program or course as a teacher education course that has not been determined, is taken to be an application made to the Institute under section 2.6.6D for approval of the program or course of study as an initial teacher education program; or (b) a variation of an approval of a program or course as a teacher education course that has not been determined, is taken to be an application made to the Institute under section 2.6.6D for variation of the approval of the program or course of study as an initial teacher education program; or (c) a renewal of an approval of a program or course as a teacher education course that has not been determined, is taken to be an application made to the Institute under section 2.6.6F for renewal of the approval of the program or course of study as an initial teacher education program. ***amending Act*** means the **Education and Training Reform Amendment (Miscellaneous) Act 2021**; ***teacher education course*** means a course specified in— (a) section 2.6.3(1)(b) as in force immediately before the commencement of section 5 of the amending Act; or (b) section 2.6.68(2)(a) as in force immediately before the commencement of section 9 of the amending Act. S. 6.1.47 inserted by No. 10/2021 s. 37. 6.1.47 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—teacher qualifications (1) On and from the commencement of section 8 of the amending Act, a person who obtained a qualification appropriate for entry to teaching approved by the Minister or obtained a qualification determined by the Institute to be equivalent to an approved qualification as specified in section 2.6.8(a)(i) as in force immediately before the commencement of section 8 of the amending Act is taken to have satisfactorily completed an initial teacher education program or a program or course of study leading to qualifications for entry to teaching that is determined by the Institute to be equivalent to an initial teacher education program. S. 6.1.48 inserted by No. 10/2021 s. 37. 6.1.48 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—provisional registration (1) This section applies to a teacher— (a) who is provisionally registered under section 2.6.10 as in force immediately before the commencement of section 10 of the amending Act and who has been provisionally registered for a period of 6 years or more (which may consist of consecutive or non-consecutive periods); and (b) who, on or after the commencement of section 10 of the amending Act applies for a further period of provisional registration. (2) Despite the commencement of section 10 of the amending Act, a teacher to whom this section applies may be granted a further provisional registration for a period not exceeding 24 months if the Institute reasonably believes that the teacher will be able to satisfy the standard of professional practice required for registration within that period. S. 6.1.49 inserted by No. 10/2021 s. 37. 6.1.49 Transitional provisions—Education and Training Reform Amendment (Miscellaneous) Act 2021—inquiries and investigations (1) An inquiry begun under Division 10 of Part 2.6 as in force immediately before the commencement of section 24 of the amending Act is, on and from the commencement of that section, taken to be a preliminary assessment under Division 10A of Part 2.6. (2) An investigation begun under Division 11 of Part 2.6 as in force immediately before the commencement of section 26 of the amending Act is, on and from that commencement, taken to be an investigation under Division 11 of Part 2.6 as amended. S. 6.1.50 inserted by No. 10/2021 s. 37. 6.1.50 Transitional provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—standards (1) The *Accreditation of initial teacher education programs in Australia: Standards and Procedures*, developed by the Australian Institute for Teaching and School Leadership, as in force immediately before the commencement of section 6 of the amending Act are, on and from the commencement of that section, taken to be standards approved by the Minister under section 2.6.5(2). S. 6.1.51 inserted by No. 10/2021 s. 37. 6.1.51 Transitional and savings provision—Education and Training Reform Amendment (Miscellaneous) Act 2021—delegations (1) A delegation made under section 2.6.67 as in force immediately before the commencement of section 34 of the amending Act— (a) continues to have the same force and effect on and from the commencement of section 34 of the amending Act; and (b) is taken, on and from the commencement of section 34 of the amending Act, to be a delegation made under section 2.6.67 as substituted by section 34 of the amending Act. (2) A delegation made under section 2.6.33(3) as in force immediately before the commencement of section 26 of the amending Act— (a) continues to have the same force and effect on and from the commencement of section 26 of the amending Act; and (b) is taken, on and from the commencement of section 26 of the amending Act, to be a delegation made under section 2.6.67. S. 6.1.52 inserted by No. 45/2021 s. 11. 6.1.52 Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—accreditation and registration of a course or part of a course (1) Despite section 4.4.2(6), if, immediately before the commencement day, the Victorian Registration and Qualifications Authority decided to grant an application to accredit a course or part of a course under section 4.4.2, the Authority may, on and after the commencement day and before the relevant day, register the course or part of the course on the State Register as soon as practicable. ***commencement day*** means the day on which Part 2 of the **Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021** comes into operation; ***relevant day*** means the day on which Part 3 of the **Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021** comes into operation. S. 6.1.53 inserted by No. 45/2021 s. 18. 6.1.53 Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—registered school or other body licensed or permitted to provide VCAL (1) If, immediately before the commencement day, the Victorian Curriculum and Assessment Authority licensed or permitted a registered school or other body to provide Foundation VCAL as an accredited senior secondary course under section 2.5.5(3), the registered school or other body is, on and after the commencement day, taken to be licensed or permitted by the Victorian Curriculum and Assessment Authority to provide— (a) the VPC; and (b) Foundation VCAL. (2) If, immediately before the commencement day, the Victorian Curriculum and Assessment Authority licensed or permitted a registered school or other body to provide Intermediate or Senior VCAL as an accredited senior secondary course under section 2.5.5(3), the registered school or other body is, on and after the commencement day, taken to be licensed or permitted by the Victorian Curriculum and Assessment Authority to provide— (a) the vocational major within the VCE; and (b) Intermediate or Senior VCAL (as the case requires). ***commencement day*** means the day on which Part 3 of the **Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021** comes into operation; ***vocational major within the VCE*** means a program of study within the VCE specified on the certificate issued to recognise the completion of the VCE. S. 6.1.54 inserted by No. 45/2021 s. 18. 6.1.54 Transitional and savings provision—Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021—person, body or school registered with respect to VCAL (1) If, immediately before the commencement day, the Victorian Registration and Qualifications Authority registered a person, body or school on the State Register with respect to Foundation VCAL as an accredited senior secondary course or a registered senior secondary qualification under section 4.3.10, the person, body or school is, on and after the commencement day, taken to be registered by the Victorian Registration and Qualifications Authority with respect to— (a) the VPC; and (b) Foundation VCAL. (2) If, immediately before the commencement day, the Victorian Registration and Qualifications Authority registered a person, body or school on the State Register with respect to Intermediate or Senior VCAL as an accredited senior secondary course or a registered senior secondary qualification under section 4.3.10, the person, body or school is, on and after the commencement day, taken to be registered by the Victorian Registration and Qualifications Authority with respect to— (a) the VCE; and (b) Intermediate or Senior VCAL (as the case requires). (3) Subject to subsection (4) and for the purposes of subsections (1) and (2), the registration of a person, body or school continues, on and after the commencement day, subject to the terms of registration under section 4.3.12 that applied immediately before the commencement day until the registration is suspended, cancelled or expires (whichever occurs first). (4) If, on or after the commencement day and before 31 December 2024, the term of registration of a person or body under section 4.3.12(1) is due to expire, the Victorian Registration and Qualifications Authority may, on and after the commencement day, on the written request of the person or body (as the case requires), extend the registration for a period not exceeding 5 years unless sooner suspended or cancelled. (5) For the purposes of subsection (4), if a person or body makes a written request under subsection (4) on or after the commencement day and before 31 December 2024, the registration of the person or body (as the case requires) remains in force pending a decision by the Victorian Registration and Qualifications Authority to extend the registration. (6) Despite section 4.3.12(5)(a), if— (a) immediately before the commencement day, a school referred to under subsection (1) or (2) was registered under section 4.3.10 with respect to an accredited senior secondary course; and (b) on or after the commencement day, the Victorian Curriculum and Assessment Authority withdraws its acceptance under section 4.3.12(5)(a) with respect to one of the accredited senior secondary courses or accredited foundation secondary courses for which the school is taken to be registered— the school's registration with respect to an accredited senior secondary course or an accredited foundation secondary course (as the case requires) that is not the subject of Victorian Curriculum and Assessment Authority's withdrawal of acceptance is, on and after the commencement day, taken not to be cancelled and remains in force until the registration is suspended or expires (whichever occurs first). (7) In this section— ***commencement day*** means the day on which Part 3 of the **Education and Training Reform Amendment (Senior Secondary Pathways Reforms and Other Matters) Act 2021** comes into operation. S. 6.1.55 inserted by No. 32/2022 s. 54. 6.1.55 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Adult, Community and Further Education Board (1) Despite the amendments made to section 3.3.10 by section 15 of the amending Act, if immediately before the commencement day, a person was appointed as a member of the Adult, Community and Further Education Board under section 3.3.10, the person's appointment as a member continues, on and after the commencement day, subject to the terms and conditions specified in the person's instrument of appointment, until their term of office expires or their office becomes vacant (whichever occurs first). (2) Despite the amendments made to section 3.3.10 by section 15 of the amending Act, if immediately before the commencement day, a member of the Adult, Community and Further Education Board was eligible for re‑appointment and the re‑appointment had not been confirmed, the person may be re‑appointed as a member, on and after the commencement day, in accordance with section 3.3.10 as in force immediately before the commencement day. ***amending Act*** means the **Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022**; ***commencement day*** means the day on which section 15 of the amending Act comes into operation. S. 6.1.56 inserted by No. 32/2022 s. 54. 6.1.56 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of Regional Councils (1) Despite the amendments made to section 3.3.21 by section 21 of the amending Act, if immediately before the commencement day, a person was appointed as a member of a Regional Council under section 3.3.21, the person's appointment as a member continues, on and after the commencement day, subject to the terms and conditions specified in the person's instrument of appointment until the earlier of the following occurs— (a) the member's term of office expires; (b) the member's office becomes vacant; (c) the member resigns; (d) the member is removed or suspended. (2) Despite the amendments made to section 3.3.21 by section 21 of the amending Act, if immediately before the commencement day, a person was eligible for re-appointment as a member of a Regional Council under section 3.3.22(1) and the re-appointment had not been confirmed, the person may be re-appointed as a member, on and after the commencement day, in accordance with section 3.3.21 as in force immediately before the commencement day. ***amending Act*** means the **Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022**; ***commencement day*** means the day on which section 21 of the amending Act comes into operation. S. 6.1.57 inserted by No. 32/2022 s. 54. 6.1.57 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—Adult Multicultural Education Services (1) Despite the amendments made to section 3.3.26 by section 23 of the amending Act, Adult Multicultural Education Services as established and in existence under that section as in force immediately before its amendment continues on and from the commencement day as AMES Australia under section 3.3.26 as if it had been established under that section. ***amending Act*** means the **Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022**; ***commencement day*** means the day on which section 23 of the amending Act comes into operation. S. 6.1.58 inserted by No. 32/2022 s. 54. 6.1.58 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—membership of governing board of AMES (1) Despite the amendments made to section 3.3.33 by section 33 of the amending Act, if immediately before the commencement day, a person was appointed as a member of the governing board of AMES under section 3.3.33, the person's appointment continues, on and after the commencement day, as a member of the Board of AMES Australia subject to the terms and conditions specified in the person's instrument of appointment until the earlier of the following occurs— (a) the member's term of office expires; (b) the member's office becomes vacant; (c) the member resigns; (d) the member is removed or suspended. (2) Despite the amendments made to section 3.3.33 by section 33 of the amending Act, if immediately before the commencement day, a member of the governing board of AMES was eligible for re‑appointment and the re‑appointment had not been confirmed, the person may be re-appointed, on and after the commencement day, as a member of the Board of AMES Australia in accordance with section 3.3.33 as in force immediately before the commencement day. ***amending Act*** means the **Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022**; ***commencement day*** means the day on which section 33 of the amending Act comes into operation. S. 6.1.59 inserted by No. 32/2022 s. 54. 6.1.59 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application for registration as a training organisation (1) If, immediately before the commencement day, an application made under section 4.3.16 was on foot and had not been granted, section 4.3.16 as amended by section 57 of the amending Act applies, on and after the commencement day, to the application. ***amending Act*** means the **Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022**; ***commencement day*** means the day on which section 57 of the amending Act comes into operation. S. 6.1.60 inserted by No. 32/2022 s. 54. 6.1.60 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—authorisations for access, use or disclosure of Victorian student number or related information (1) Despite the amendments made to section 5.3A.9 by section 49 of the amending Act, an authorisation given by the Secretary under section 5.3A.9(1) as in force immediately before the commencement day, continues to apply, on and after the commencement day, until it is revoked. ***amending Act*** means the **Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022**; ***commencement day*** means the day on which section 49 of the amending Act comes into operation. S. 6.1.61 inserted by No. 32/2022 s. 54. 6.1.61 Transitional and savings provision—Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022—application of guidelines issued by Secretary on authorisations for access, use or disclosure of Victorian student number or related information (1) If, immediately before the commencement day, an authorisation given by the Secretary under section 5.3A.9(1) was in force, any guidelines issued by the Secretary under section 5.3A.10A as inserted by section 52 of the amending Act apply to that authorisation, on and after the date on which the guidelines take effect. ***amending Act*** means the **Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022**; ***commencement day*** means the day on which section 52 of the amending Act comes into operation. S. 6.1.62 inserted by No. 29/2023 s. 22. 6.1.62 Transitional provision—Education and Training Reform Amendment (Land Powers) Act 2023—references to preschool program On and after the commencement of section 9 of the **Education and Training Reform Amendment (Land Powers) Act 2023**, a program that was, immediately before that commencement, a preschool program as defined in section 2.3.1 as in force immediately before that commencement, is taken to be a kindergarten program as defined in section 2.3.1. Ch. 6 Pt 6.2 (Heading and ss 6.2.1–6.2.9) inserted by No. 32/2021 s. 9. Part 6.2—Education and Training Reform Amendment (Victorian Academy of Teaching and Leadership) Act 2021—Transfer of property, rights and liabilities S. 6.2.1 inserted by No. 32/2021 s. 9. 6.2.1 Definitions ***Academy*** means the Victorian Academy of Teaching and Leadership; ***allocation statement*** means an allocation statement made under section 6.2.3; ***appointed day*** means a day fixed under section 6.2.2 as the appointed day for the purposes of an allocation statement; ***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective; ***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in personal property of any description, including intellectual property; ***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective. S. 6.2.2 inserted by No. 32/2021 s. 9. 6.2.2 Appointed day The Minister, by notice in the Government Gazette, may fix a day as the appointed day for the purposes of an allocation statement. S. 6.2.3 inserted by No. 32/2021 s. 9. 6.2.3 Secretary to prepare allocation statement (1) The Secretary must prepare a statement of the property, rights and liabilities of the State that are to be assigned from the State to the Academy. (2) A proposed allocation statement under this section must be provided to the Minister for agreement. (3) The Minister may agree to the proposed allocation statement if the Minister is satisfied that the property, rights and liabilities to be assigned relate to— (a) the provision and development of professional learning for teachers and school leaders; or (b) the conduct of research relating to professional learning for teachers and school leaders. (4) If the Minister agrees to the proposed statement— (a) the Minister must sign the statement; and (b) the statement is an allocation statement for the purposes of this Part. S. 6.2.4 inserted by No. 32/2021 s. 9. 6.2.4 Property transferred to Academy On the appointed day— (a) all property and rights of the State that are allocated under an allocation statement to the Academy vest in the Academy; and (b) all liabilities of the State that are allocated under an allocation statement to the Academy become liabilities of the Academy. S. 6.2.5 inserted by No. 32/2021 s. 9. 6.2.5 Transfer subject to encumbrances If under this Part property, rights and liabilities of the State referred to in section 6.2.3(1) vest in or become property, rights and liabilities of the Academy— (a) the property and rights vest in the Academy subject to the encumbrances (if any) to which they were subject immediately before so vesting; and (b) the rights to which the State was entitled in respect of those liabilities immediately before they became liabilities of the Academy, vest in the Academy. S. 6.2.6 inserted by No. 32/2021 s. 9. 6.2.6 Substitution of party to agreement If, under an allocation statement, the rights and liabilities of the State under an agreement are allocated to the Academy— (a) the Academy becomes, on the appointed day, a party to the agreement in place of the State; and (b) on and after the appointed day, the agreement has effect as if the Academy had always been a party to the agreement. S. 6.2.7 inserted by No. 32/2021 s. 9. 6.2.7 Proceedings If, immediately before the appointed day, proceedings (including arbitration proceedings) relating to property, rights and liabilities of the State referred to in section 6.2.3(1) allocated to the Academy under the allocation statement, to which the State was a party, were pending or existing in any court or tribunal then, on and after the appointed day, the Academy is substituted for the State as a party to the proceedings and has the same rights in the proceedings as the State had. S. 6.2.8 inserted by No. 32/2021 s. 9. 6.2.8 Taxes No duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done because of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights, liabilities or obligations of the State. S. 6.2.9 inserted by No. 32/2021 s. 9. 6.2.9 Validity of things done under this Part Nothing effected by, or done or suffered under, this Part— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or other law or any provision in any agreement, arrangement or understanding including, but not limited to, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of, or to terminate, any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or as causing or permitting the termination of any contract because of a change in the beneficial or legal ownership of any property, right or liability; or (e) is to be regarded as causing any contract to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation. Schedules Sch. 1 substituted by No. 27/2010 s. 62.