Sch 8Transitional and saving provisions

Schedule 8—Transitional and saving provisions Section 6.1.3 1.1 Definitions ***repealed Act*** means an Act repealed by section 6.1.1. 1.2 General transitional provisions (1) Unless the contrary intention appears, this Schedule does not affect or limit the operation of the **Interpretation of Legislation Act 1984**. (2) On and after the commencement of section 6.1.1(e), any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to a repealed Act is to be construed as a reference to this Act, unless the contrary intention appears. (3) If a provision of a repealed Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision— (a) any other provisions of the repealed Act necessary to give effect to that continued provision; and (b) any regulation made under the repealed Act for the purposes of that continued provision. (4) On the repeal of a provision in a repealed Act that is of a savings or transitional nature or that validates anything that is or may otherwise be invalid, the repeal of that provision does not, unless the contrary intention expressly appears, affect the operation of the savings or transitional provision or end the validating effect of the provision, as the case requires. 1.3 Savings and transitional regulations The regulations may contain provisions of a savings and transitional nature consequent on the repeal of a repealed Act. 1.4 Registered teachers 1.4.1 A teacher who was registered under the **Victorian Institute of Teaching Act 2001**, immediately before the commencement of section 6.1.1(k), continues to be registered by the Institute under and subject to this Act. 1.4.2 The Secretary must transfer to the Institute all records and all information on a register maintained by the Registered Schools Board under Part III of the **Education Act 1958** that relates to registration of teachers under Part III of the **Education Act 1958**. 1.5 Registered schools 1.5.1 A State school established under section 21 of the **Education Act 1958** that was being conducted immediately before the commencement of section 6.1.1(l) is deemed to be established, conducted and registered as a Government school under this Act. Sch. 8 cl. 1.5.2 amended by No. 58/2007 s. 48(1)(a). 1.5.2 The Authority must note on the State Register in the division of registered schools with the year levels of schooling that a Government school referred to in clause 1.5.1 is established to offer that are notified to the Authority by the Secretary. 1.5.3 A school that was registered under Part III of the **Education Act 1958** immediately before the commencement of section 6.1.1(l) is deemed to be registered as— (a) a non-Government school under this Act; and (b) a primary school, secondary school, special school or a combination of those schools as it was registered on the register of schools under Part III immediately before that commencement— subject to any terms and conditions of the registration under that provision. 1.6 Higher education On the commencement of section 6.1.1(i)— (a) an institution that was approved by the Minister to operate as a university immediately before the commencement of section 6.1.1(i) is deemed to be approved by the Authority under this Act to operate as a university, subject to any terms and conditions of the approval under that provision; (b) an institution that was deemed to have the approval of the Minister to operate as a university under section 10 of the **Tertiary Education Act 1993** immediately before the commencement of section 6.1.1(i) is deemed to have the deemed approval of the Authority under this Act to operate as a university, subject to any terms and conditions of the deemed approval under that provision; (c) an Order that was made by the Minister under section 10 of the **Tertiary Education Act 1993** approving an institution to operate as a university and in operation immediately before the commencement of section 6.1.1(i) is deemed to be an Order made by the Authority under section 4.3.30 and the Authority may suspend or revoke or impose conditions on the approval under this Act as if it were an Order made by the Authority; Sch. 8 cl. 1.6(d) amended by No. 39/2012 s. 62(5)(a). (d) an accreditation of a course of study by the Minister under section 11 of the **Tertiary Education Act 1993** is deemed to be an accreditation of the course of study by the Authority under Division 1 of Part 4.4, subject to any terms and conditions of the accreditation under that Division; Sch. 8 cl. 1.6(e) amended by No. 39/2012 s. 62(5)(b). (e) an authorisation of an institution to conduct a course of study by the Minister under section 11 of the **Tertiary Education Act 1993** is deemed to be an authorisation ofthe institution to conduct a course of study by the Authority under section 4.3.33, subject to any terms and conditions of authorisation under that provision; (f) all records kept by the Secretary to the Department relating to approvals, accreditations and authorisations of the Minister under the **Tertiary Education Act 1993** immediately before the commencement of section 6.1.1(i) become records of the Victorian Registration and Qualifications Authority. 1.7 Overseas students 1.7.1 A school that was endorsed as suitable to accept students from overseas for a course by an authorised officer under section 65 of the **Education Act 1958** immediately before the commencement of section 6.1.1(l) is deemed to be approved by the Authority to provide that course as a specified course to students from overseas under Part 4.5. Sch. 8 cl. 1.7.2 substituted by No. 58/2007 s. 48(2). 1.7.2 The Department is deemed to be approved by the Authority to provide a course as a specified course to students from overseas under Part 4.5 for 3 years after the commencement of section 6.1.1(l). 1.7.3 If a course of study offered by a provider or institution was, immediately before the commencement of section 6.1.1(i), endorsed by the Minister under section 6 of the **Tertiary Education Act 1993** as suitable for students from overseas, the provider or institution is deemed to be approved by the Authority to provide that course as a specified course to students from overseas under Part 4.5. 1.7.4 A person or body that was approved to provide a course to students from overseas by the Victorian Qualifications Authority under section 27 of the **Victorian Qualifications Authority Act 2000** immediately before the commencement of section 6.1.1(l) is deemed to be approved by the Authority to provide that course as a specified course to students from overseas under Part 4.5. 1.8 State Register The State Register, on the commencement of section 6.1.1(l), consists of— (a) the State Register established and maintained under section 19 of the **Victorian Qualifications Authority Act 2000** by the Victorian Qualifications Authority as in force immediately before that commencement; and (b) the Register of Higher Education established and maintained by the Minister under section 12 of the **Tertiary Education Act 1993**; Sch. 8 cl. 1.8(c) amended by Nos 58/2007 s. 48(1)(b), 4/2017 s. 17(1)(g). (c) Government and non‑Government schools deemed to be registered under clause 1.5. 1.9 VRQA 1.9.1 On the commencement of section 6.1.1(l)— (a) the Victorian Qualifications Authority established under the **Victorian Qualifications Authority Act 2000** is abolished and its members go out of office; and (b) the Victorian Registration and Qualifications Authority is the successor in law of the Victorian Qualifications Authority; and (c) all rights, assets, liabilities and obligations of the Victorian Qualifications Authority, immediately before its abolition, become rights, assets, liabilities and obligations of the Victorian Registration and Qualifications Authority; and (d) the Victorian Registration and Qualifications Authority is substituted for the Victorian Qualifications Authority as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the Victorian Qualifications Authority; and (e) the Victorian Registration and Qualifications Authority may continue and complete any other continuing matter or thing commenced by, against or in relation to the Victorian Qualifications Authority; and (f) any reference to the Victorian Qualifications Authority in— (i) an Act other than this Act; or (ii) a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**; or (iii) any document whatever— must, so far as it relates to any period on or after the commencement of section 6.1.1(l), and if not inconsistent with the context or subject matter, be taken to be a reference to the Victorian Registration and Qualifications Authority. (2) On and from the commencement of section 6.1.1(l), any authorisation, accreditation or approval granted by the Victorian Qualifications Authority under the **Victorian Qualifications Authority Act 2000** is deemed to be an authorisation, accreditation or approval granted by the Victorian Registration and Qualifications Authority under Part 4.3 of this Act subject to any terms and conditions of that authorisation, accreditation or approval under the **Victorian Qualifications Authority Act 2000**. (3) On and from the commencement of section 6.1.1(l), the assets that become assets of the Victorian Registration and Qualifications Authority under subsection (1)— (a) if they are moneys or amounts standing to the credit of the Victorian Qualifications Authority Fund or any other fund or account of the Victorian Qualifications Authority, must be taken to form part of the Victorian Registration and Qualifications Authority Fund; and (b) if they are assets in which the funds of the Victorian Qualifications Authority have been invested, must be taken to be investments of the Victorian Registration and Qualifications Authority Fund. (4) On and from the commencement of section 6.1.1(l), any unpaid fees, fines or penalties that become payable to the Victorian Registration and Qualifications Authority under subclause (1) must be paid into the Victorian Registration and Qualifications Authority Fund. Sch. 8 cl. 1.10 amended by No. 58/2007 s. 48(1)(c). 1.10 Victorian Skills Commission The Victorian Learning and Employment Skills Commission established under the **Vocational Education and Training Act 1990** and continued in operation and renamed the Victorian Skills Commission by section 3.1.1 is to be treated as the same body after as before it was renamed under that section. 1.11 Registered Schools Board On the commencement of section 6.1.1(l)— (a) the Registered Schools Board established under Part III of the **Education Act 1958** is abolished and its members go out of office; and (b) all records relating to the registration of schools of the Registered Schools Board, immediately before its abolition, become records of the Victorian Registration and Qualifications Authority. 1.12 Continued bodies On the commencement of section 6.1.1(a)— (a) a person or body established by or under an Act repealed by section 6.1.1(a), (e), (h), (i), (j), (k) or (m) (whether incorporated or not) except the Registered Schools Board continues in operation under and subject to this Act and its members remain in office for the period of their appointment to that office; and (b) any rights, assets, liabilities and obligations of the person or body under a repealed Act, immediately before the commencement of section 6.1.1(a), become rights, assets, liabilities and obligations of the person or body under this Act; and (c) the person or body continues to be a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the board under the repealed Act referred to in paragraph (a); and (d) the person or body may continue and complete any other continuing matter or thing commenced by, against or in relation to that person or body under the repealed Act referred to in paragraph (a); and (e) the funds administered in the name of a person or body under that Act immediately before the commencement of section 6.1.1(a) continue to be funds administered by that person or body; and (f) any moneys or amounts standing to the credit of any fund or account of the person or body, immediately before the repeal of the Act, continue to form part of the fund or account administered by the person or body under this Act. (2) An industry training board established or declared by the Governor in Council under the **Vocational and Education Training Act 1990** immediately before the commencement of section 6.1.1(m) is deemed to be an industry training board established or declared by the Minister under and subject to this Act. (3) A training agent approved by the Governor in Council under the **Vocational and Education Training Act 1990** immediately before the commencement of section 6.1.1(m) is deemed to be a training agent approved by the Minister under and subject to this Act. (4) A TAFE college established by the Governor in Council under the **Vocational and Education Training Act 1990** immediately before the commencement of section 6.1.1(m) is deemed to be a TAFE institute under and subject to this Act. (5) The council of a TAFE college established under the **Vocational and Education Training Act 1990** immediately before the commencement of section 6.1.1(m) is deemed to be the board of a TAFE institute under and subject to this Act. (6) The members of the board of a TAFE college appointed under the **Vocational and Education Training Act 1990** immediately before the commencement of section 6.1.1(m) are deemed to be the directors of the board of a TAFE institute under and subject to this Act. (7) A person employed, immediately before the commencement of 6.1.1(e), by a school council continued in operation under subclause (1) continue to be employed under this Act subject to the terms and conditions of that employment (8) The assets that become assets of the person or body under subclause (1)— (a) if they are moneys or amounts standing to the credit of any fund or account of the person or body, must be taken to form part of the fund administered by the person or body under this Act; and (b) if they are assets in which the funds of the person or body have been invested, must be taken to be investments of the fund administered by the person or body under this Act. (9) A reference in any Act (other than this Act) or in any subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984** to a person or body established by or under a repealed Act referred to in paragraph (a) must, on and after the commencement of section 6.1.1(a), be construed as a reference to that person or body continued in operation under this Act unless the context otherwise requires. 1.13 Instruments On and from the commencement of section 6.1.1(e)— (a) a delegation, other than a delegation by the Victorian Qualifications Authority, is deemed to be an delegation under this Act; (b) an Order, direction or guideline made or issued by the Minister, under a repealed Act is deemed to be an Order, direction or guideline made or issued by the Minister under this Act. (c) despite the repeal of a repealed Act, regulations made under a repealed Act (except the Registered Schools Board Regulations 1996), as in force immediately before the repeal of that Act, continue in operation, subject to the **Subordinate Legislation Act 1994** as if made under this Act and may be amended or revoked accordingly. Sch. 9 inserted by No. 70/2008 s. 41.