Vocational Education and Training (Commonwealth Powers) Act 2012
In ForceQLD
Jurisdiction
Queensland
Act Number
11 of 2012
Collection
act
Plain English Summary
6/10 complexity
This Act makes a set of vocational education and training (VET) matters—registration and regulation of providers, accreditation, issuance of qualifications, regulator standards, information sharing and enforcement—subject to the Commonwealth’s national VET laws by adopting those laws and referring specified matters to the Commonwealth to the extent the State can refer them (secs 4–5).
Mechanically, Commonwealth amendments and national VET instruments will affect State operations for those listed matters; the Governor can end the adoption or reference by proclamation (secs 6–8) and the Minister must table any Commonwealth amendment (sec 6).
This Act adopts and refers parts of the Commonwealth national vocational education and training (VET) architecture into State law for a limited period, and sets out the formal mechanics and limits of that adoption and reference. Mechanically, the Act:
Commences on 29 June 2012 (s 2).
Defines the scope of continuing VET matters that the State will put under the national framework (s 4).
Adopts the national VET legislation , defined in s 3 to mean the National Vocational Education and Training Regulator Act 2011 (Cwlth) and the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 (Cwlth) , to the extent those matters are within the legislative powers of the State Parliament, and refers the continuing VET matters to the Commonwealth for the limited purpose of making express amendments of the national VET legislation (s 5).
States an intention that the national VET legislation may be changed both by Commonwealth Acts based on other heads of power and by national VET instruments (s 6).
Allows the Governor to terminate the adoption and/or the amendment reference by proclamation, subject to a minimum notice period and revocation rules (s 7).
Preserves the operation of laws made under the amendment reference if the amendment reference is terminated before the adoption terminates, subject to narrow exclusions the terminating proclamation may specify (s 8).
The Act does not itself create new substantive regulatory requirements for providers, nor does it set penalties. Instead it imports the national VET legislative and instrument framework into the State sphere for the limited matters listed in s 4, and creates temporal and procedural rules governing when and how that importation may end (s 5(5), s 7, s 8). The adoption and reference are expressly time-limited: they take effect when the relevant subsection commences and end on the day fixed by proclamation under s 7 (s 5(5)). The Act includes an express statement of the State Parliament’s intention that Commonwealth instruments and other Commonwealth Bases of power may alter the operation of the adopted legislation (s 6). Proclamations fixing termination dates are subordinate legislation (s 7(6)).
Current sections
Direct links to the current provisions in Vocational Education and Training (Commonwealth Powers) Act 2012.
10
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Vocational Education and Training (Commonwealth Powers) Act 2012 .
sec.2
Commencement
sec.2 Commencement
This Act commences on 29 June 2012.
pt.2
Adoption and reference of matters
Adoption and reference of matters
sec.3
Definitions for pt 2
sec.3 Definitions for pt 2
In this part—
adoption means the adoption under section 5 (1) .
amendment reference means a reference under section 5 (2) .
continuing VET matter has the meaning given in section 4 .
national VET instrument means any instrument (whether or not of a legislative character) that is made or issued under the national VET legislation.
national VET legislation means—
the National Vocational Education and Training Regulator Act 2011 (Cwlth) ; and
the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 (Cwlth) ;
as in force from time to time.
(a) the National Vocational Education and Training Regulator Act 2011 (Cwlth) ; and
(b) the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 (Cwlth) ;
sec.4
Continuing VET matters
sec.4 Continuing VET matters
Each of the following matters is a continuing VET matter to the extent that it is included in the legislative powers of the Parliament of the State—
the registration and regulation of vocational education and training organisations;
the accreditation or other recognition of vocational education and training courses or programs;
the issue and cancellation of vocational education and training qualifications or statements of attainment;
the standards to be complied with by a vocational education and training regulator;
the collection, publication, provision and sharing of information about vocational education and training;
investigative powers, sanctions and enforcement in relation to any of the above.
However, a continuing VET matter does not include the matter of making a law that excludes or limits the operation of a State law to the extent that the State law makes provision in relation to—
primary or secondary education (including the education of children subject to compulsory school education); or
tertiary education that is recognised as higher education and not vocational education and training; or
the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or
the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or
the funding by the State of vocational education and training; or
the establishment or management of any agency of the State that provides vocational education and training.
In this section—
State law means any Act of the State or any instrument made under an Act of the State, whenever enacted or made and as in force from time to time.
(sec.4-ssec.1) Each of the following matters is a continuing VET matter to the extent that it is included in the legislative powers of the Parliament of the State— the registration and regulation of vocational education and training organisations; the accreditation or other recognition of vocational education and training courses or programs; the issue and cancellation of vocational education and training qualifications or statements of attainment; the standards to be complied with by a vocational education and training regulator; the collection, publication, provision and sharing of information about vocational education and training; investigative powers, sanctions and enforcement in relation to any of the above.
(sec.4-ssec.2) However, a continuing VET matter does not include the matter of making a law that excludes or limits the operation of a State law to the extent that the State law makes provision in relation to— primary or secondary education (including the education of children subject to compulsory school education); or tertiary education that is recognised as higher education and not vocational education and training; or the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or the funding by the State of vocational education and training; or the establishment or management of any agency of the State that provides vocational education and training.
(sec.4-ssec.3) In this section— State law means any Act of the State or any instrument made under an Act of the State, whenever enacted or made and as in force from time to time.
(a) the registration and regulation of vocational education and training organisations;
(b) the accreditation or other recognition of vocational education and training courses or programs;
(c) the issue and cancellation of vocational education and training qualifications or statements of attainment;
(d) the standards to be complied with by a vocational education and training regulator;
(e) the collection, publication, provision and sharing of information about vocational education and training;
(f) investigative powers, sanctions and enforcement in relation to any of the above.
(a) primary or secondary education (including the education of children subject to compulsory school education); or
(b) tertiary education that is recognised as higher education and not vocational education and training; or
(c) the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or
(d) the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or
(e) the funding by the State of vocational education and training; or
(f) the establishment or management of any agency of the State that provides vocational education and training.
sec.5
Adoption and references
sec.5 Adoption and references
The national VET legislation is adopted, within the meaning of section 51 (xxxvii) of the Commonwealth Constitution, to the extent that the matters in the national VET legislation are within the legislative powers of the Parliament of the State.
Each continuing VET matter is referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to the matter by making express amendments of the national VET legislation.
The operation of each of subsections (1) and (2) is not affected by the other subsection.
The reference of a matter under subsection (2) has effect only if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution).
Despite any provision of this Act other than section 8 (4) , the adoption under subsection (1) or the reference under subsection (2) has effect for a period—
beginning when the subsection under which the adoption or reference is made commences; and
ending at the end of the day fixed under section 7 as the day on which the adoption or reference is to terminate;
but not longer.
(sec.5-ssec.1) The national VET legislation is adopted, within the meaning of section 51 (xxxvii) of the Commonwealth Constitution, to the extent that the matters in the national VET legislation are within the legislative powers of the Parliament of the State.
(sec.5-ssec.2) Each continuing VET matter is referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to the matter by making express amendments of the national VET legislation.
(sec.5-ssec.3) The operation of each of subsections (1) and (2) is not affected by the other subsection.
(sec.5-ssec.4) The reference of a matter under subsection (2) has effect only if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution).
(sec.5-ssec.5) Despite any provision of this Act other than section 8 (4) , the adoption under subsection (1) or the reference under subsection (2) has effect for a period— beginning when the subsection under which the adoption or reference is made commences; and ending at the end of the day fixed under section 7 as the day on which the adoption or reference is to terminate; but not longer.
(a) beginning when the subsection under which the adoption or reference is made commences; and
(b) ending at the end of the day fixed under section 7 as the day on which the adoption or reference is to terminate;
sec.6
Amendment of Commonwealth law
sec.6 Amendment of Commonwealth law
It is the intention of the Parliament of the State that—
the national VET legislation may be expressly amended, or have its operation otherwise affected, at any time by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from a reference of any matters, or the adoption of the national VET legislation, for the purposes of section 51 (xxxvii) of the Commonwealth Constitution; and
the national VET legislation may have its operation affected, otherwise than by express amendment, at any time by provisions of national VET instruments.
If the national VET legislation is expressly amended, the Minister must table a copy of the amendment in the Legislative Assembly.
However, failure to comply with subsection (2) does not affect the operation of subsection (1) or section 5 .
(sec.6-ssec.1) It is the intention of the Parliament of the State that— the national VET legislation may be expressly amended, or have its operation otherwise affected, at any time by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from a reference of any matters, or the adoption of the national VET legislation, for the purposes of section 51 (xxxvii) of the Commonwealth Constitution; and the national VET legislation may have its operation affected, otherwise than by express amendment, at any time by provisions of national VET instruments.
(sec.6-ssec.2) If the national VET legislation is expressly amended, the Minister must table a copy of the amendment in the Legislative Assembly.
(sec.6-ssec.3) However, failure to comply with subsection (2) does not affect the operation of subsection (1) or section 5 .
(a) the national VET legislation may be expressly amended, or have its operation otherwise affected, at any time by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from a reference of any matters, or the adoption of the national VET legislation, for the purposes of section 51 (xxxvii) of the Commonwealth Constitution; and
(b) the national VET legislation may have its operation affected, otherwise than by express amendment, at any time by provisions of national VET instruments.
sec.7
Termination of adoption or reference
sec.7 Termination of adoption or reference
The Governor may, at any time, by proclamation, fix a day as the day on which—
the adoption and the amendment reference are to terminate; or
the amendment reference is to terminate; or
the adoption is to terminate (if the amendment reference has been previously terminated).
A day fixed under subsection (1) must be no earlier than the first day after the end of the period of 6 months beginning with the day on which the proclamation is notified.
The Governor may, by proclamation, revoke a proclamation under subsection (1) .
A revoking proclamation has effect only if notified before the day fixed under subsection (1) .
If a revoking proclamation has effect, the revoked proclamation is taken, for the purposes of section 5 , never to have been notified but the revocation does not prevent notification of a further proclamation under subsection (1) .
A proclamation under subsection (1) or (3) is subordinate legislation.
s 7 amd 2013 No. 39 s 110 (2) sch 3 pt 2
(sec.7-ssec.1) The Governor may, at any time, by proclamation, fix a day as the day on which— the adoption and the amendment reference are to terminate; or the amendment reference is to terminate; or the adoption is to terminate (if the amendment reference has been previously terminated).
(sec.7-ssec.2) A day fixed under subsection (1) must be no earlier than the first day after the end of the period of 6 months beginning with the day on which the proclamation is notified.
(sec.7-ssec.3) The Governor may, by proclamation, revoke a proclamation under subsection (1) .
(sec.7-ssec.4) A revoking proclamation has effect only if notified before the day fixed under subsection (1) .
(sec.7-ssec.5) If a revoking proclamation has effect, the revoked proclamation is taken, for the purposes of section 5 , never to have been notified but the revocation does not prevent notification of a further proclamation under subsection (1) .
(sec.7-ssec.6) A proclamation under subsection (1) or (3) is subordinate legislation.
(a) the adoption and the amendment reference are to terminate; or
(b) the amendment reference is to terminate; or
(c) the adoption is to terminate (if the amendment reference has been previously terminated).
sec.8
Effect of termination of amendment reference before termination of adoption
sec.8 Effect of termination of amendment reference before termination of adoption
A reference in this section to provisions referred to in section 6 (b) includes a reference to national VET instruments made to carry out or give effect to the national VET legislation as amended by laws made under the amendment reference.
It is the intention of the Parliament of the State that, if the amendment reference terminates before the adoption terminates, the termination of the amendment reference does not affect—
laws made under the amendment reference before the termination; or
the continued operation in the State of the existing legislation or of the existing legislation as—
amended after the termination by laws referred to in paragraph (a) that come into operation after the termination; or
amended or affected after the termination by provisions referred to in section 6 (a) or (b) .
Accordingly, the amendment reference continues to have effect for the purposes of subsection (2) unless the adoption reference is terminated.
Subsection (2) or (3) does not apply to or in relation to an amendment of the national VET legislation that is excluded from the operation of this section by the proclamation that terminates the amendment reference.
In this section—
existing legislation means the national VET legislation as—
amended by laws made under the amendment reference that have come into operation before the termination; or
amended or affected by provisions referred to in section 6 (a) or (b) that have come into operation before the termination;
and as in operation immediately before the termination.
termination means the termination of the amendment reference.
(sec.8-ssec.1) A reference in this section to provisions referred to in section 6 (b) includes a reference to national VET instruments made to carry out or give effect to the national VET legislation as amended by laws made under the amendment reference.
(sec.8-ssec.2) It is the intention of the Parliament of the State that, if the amendment reference terminates before the adoption terminates, the termination of the amendment reference does not affect— laws made under the amendment reference before the termination; or the continued operation in the State of the existing legislation or of the existing legislation as— amended after the termination by laws referred to in paragraph (a) that come into operation after the termination; or amended or affected after the termination by provisions referred to in section 6 (a) or (b) .
(sec.8-ssec.3) Accordingly, the amendment reference continues to have effect for the purposes of subsection (2) unless the adoption reference is terminated.
(sec.8-ssec.4) Subsection (2) or (3) does not apply to or in relation to an amendment of the national VET legislation that is excluded from the operation of this section by the proclamation that terminates the amendment reference.
(sec.8-ssec.5) In this section— existing legislation means the national VET legislation as— amended by laws made under the amendment reference that have come into operation before the termination; or amended or affected by provisions referred to in section 6 (a) or (b) that have come into operation before the termination; and as in operation immediately before the termination. termination means the termination of the amendment reference.
(a) laws made under the amendment reference before the termination; or
(b) the continued operation in the State of the existing legislation or of the existing legislation as— (i) amended after the termination by laws referred to in paragraph (a) that come into operation after the termination; or (ii) amended or affected after the termination by provisions referred to in section 6 (a) or (b) .
(i) amended after the termination by laws referred to in paragraph (a) that come into operation after the termination; or
(ii) amended or affected after the termination by provisions referred to in section 6 (a) or (b) .
(i) amended after the termination by laws referred to in paragraph (a) that come into operation after the termination; or
(ii) amended or affected after the termination by provisions referred to in section 6 (a) or (b) .
(a) amended by laws made under the amendment reference that have come into operation before the termination; or
(b) amended or affected by provisions referred to in section 6 (a) or (b) that have come into operation before the termination;
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Vocational Education and Training (Commonwealth Powers) Act 2012 .
sec.2 Commencement
sec.2 Commencement
This Act commences on 29 June 2012.
pt.2 Adoption and reference of matters
Adoption and reference of matters
sec.3 Definitions for pt 2
sec.3 Definitions for pt 2
In this part—
adoption means the adoption under section 5 (1) .
amendment reference means a reference under section 5 (2) .
continuing VET matter has the meaning given in section 4 .
national VET instrument means any instrument (whether or not of a legislative character) that is made or issued under the national VET legislation.
national VET legislation means—
the National Vocational Education and Training Regulator Act 2011 (Cwlth) ; and
the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 (Cwlth) ;
as in force from time to time.
(a) the National Vocational Education and Training Regulator Act 2011 (Cwlth) ; and
(b) the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 (Cwlth) ;
sec.4 Continuing VET matters
sec.4 Continuing VET matters
Each of the following matters is a continuing VET matter to the extent that it is included in the legislative powers of the Parliament of the State—
the registration and regulation of vocational education and training organisations;
the accreditation or other recognition of vocational education and training courses or programs;
the issue and cancellation of vocational education and training qualifications or statements of attainment;
the standards to be complied with by a vocational education and training regulator;
the collection, publication, provision and sharing of information about vocational education and training;
investigative powers, sanctions and enforcement in relation to any of the above.
However, a continuing VET matter does not include the matter of making a law that excludes or limits the operation of a State law to the extent that the State law makes provision in relation to—
primary or secondary education (including the education of children subject to compulsory school education); or
tertiary education that is recognised as higher education and not vocational education and training; or
the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or
the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or
the funding by the State of vocational education and training; or
the establishment or management of any agency of the State that provides vocational education and training.
In this section—
State law means any Act of the State or any instrument made under an Act of the State, whenever enacted or made and as in force from time to time.
(sec.4-ssec.1) Each of the following matters is a continuing VET matter to the extent that it is included in the legislative powers of the Parliament of the State— the registration and regulation of vocational education and training organisations; the accreditation or other recognition of vocational education and training courses or programs; the issue and cancellation of vocational education and training qualifications or statements of attainment; the standards to be complied with by a vocational education and training regulator; the collection, publication, provision and sharing of information about vocational education and training; investigative powers, sanctions and enforcement in relation to any of the above.
(sec.4-ssec.2) However, a continuing VET matter does not include the matter of making a law that excludes or limits the operation of a State law to the extent that the State law makes provision in relation to— primary or secondary education (including the education of children subject to compulsory school education); or tertiary education that is recognised as higher education and not vocational education and training; or the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or the funding by the State of vocational education and training; or the establishment or management of any agency of the State that provides vocational education and training.
(sec.4-ssec.3) In this section— State law means any Act of the State or any instrument made under an Act of the State, whenever enacted or made and as in force from time to time.
Read together, the mechanics shift legislative competence for specified VET regulatory matters toward the Commonwealth framework by adoption and reference while retaining limited State carve-outs, temporal termination powers, and protections for laws already made under the amendment reference (s 4, s 5, s 7, s 8).
Main concepts
The Act uses a small set of technical constructs to achieve its effect. Each is defined or described in the text and is the organising concept for what follows.
Continuing VET matter (s 4). This is the core substantive list of regulatory areas that the State places within the national framework. It includes: registration and regulation of VET organisations; accreditation or other recognition of VET courses or programs; issuing and cancelling VET qualifications or statements of attainment; regulator standards; collection, publication, provision and sharing of VET information; and investigative powers, sanctions and enforcement in relation to those items (s 4(1)). The s 4 list is subject to express carve-outs (s 4(2)) that exclude primary and secondary education, higher education recognised as tertiary and not VET, rights and obligations relating to apprenticeships and traineeships, occupational qualifications other than for VET organisations, State VET funding, and the establishment or management of State VET provider agencies.
Adoption (s 5(1)). The Act states that the national VET legislation is adopted for the purposes of section 51(xxxvii) of the Commonwealth Constitution, but only to the extent the matters in that legislation are within the legislative powers of the State Parliament. The Act therefore uses the constitutional mechanism of adoption/reference to create a legal pathway for Commonwealth laws and instruments to operate in the State in relation to the continuing VET matters.
Amendment reference (s 5(2)). The Act refers each continuing VET matter to the Commonwealth Parliament, but limits the reference to the extent of making laws by express amendments of the national VET legislation. In other words, the State authorises the Commonwealth to amend the national VET legislation to deal with those matters but only by express amendment.
National VET legislation and national VET instruments (s 3). The key Commonwealth texts are the two Acts listed in s 3; national VET instruments are any instruments made or issued under that national VET legislation. The Act recognises that instruments, whether legislative or administrative, will play a role (s 6).
Temporal and revocation mechanics (s 5(5), s 7). Adoption and reference are effective only for the period between commencement and the day fixed by proclamation under s 7. The Governor may fix termination dates by proclamation but must give at least six months’ notice before the day fixed (s 7(2)). Revocations are possible under particular conditions (s 7(3)-(5)), and proclamations are subordinate legislation (s 7(6)).
Continuity if amendment reference ends first (s 8). The Act states an intention that if the amendment reference terminates before the adoption, laws already made under the amendment reference continue to operate in the State, and the amendment reference continues to have effect for the purposes of s 8(2) unless the adoption is terminated. The terminating proclamation may exclude particular national amendments from this protection (s 8(4)).
These constructs combine to create a model under which the State integrates a set of VET regulatory domains with Commonwealth legislation and instruments for a limited period, while keeping express exemptions and preserving retrospective effect for laws already made under the amendment reference.
Who it affects
The Act primarily alters the legal locus of power and therefore affects several categories of actors through institutional and regulatory channels rather than by directly imposing new criminal or civil obligations in the text of the Act itself.
VET providers and registered training organisations (RTOs). The continuing VET matters listed in s 4 include registration and regulation of VET organisations, accreditation of courses, and issuance and cancellation of qualifications. By adopting and referring those matters into the national framework, the Act places decision-making on those items within the national VET legislation and national instruments. Practically, RTOs operating in the State will be regulated under the national VET framework to the extent the Commonwealth has legislative competence and to the extent adoption and reference are in force (s 5).
Students and qualification-holders. The Act imports the national framework for issuing and cancelling qualifications and statements of attainment (s 4(1)(c)). The operation of national standards and the national regulator’s powers will therefore govern recognition, cancellation, and potentially data-sharing concerning qualifications to the extent those matters fall within the adopted scope.
State regulatory agencies and officials. The State Government and statute designers are affected in three ways. First, the State Parliament has surrendered, for the period of adoption and reference, legislative autonomy with respect to the listed continuing VET matters to the Commonwealth framework (s 5). Second, the Governor retains a mechanism to terminate the adoption or reference , affecting how State policy can be reasserted (s 7). Third, the State retains or continues to exercise jurisdiction over matters specifically carved out in s 4(2) such as funding, management of State agencies, apprenticeships rights and obligations, primary/secondary education and higher education outside VET.
Commonwealth institutions and the national regulator. The national VET legislation and instruments become applicable as adopted (s 5). The Commonwealth Parliament and the national regulator therefore gain the practical ability to make rules, issue instruments and exercise powers with effect in the State for the continuing VET matters, subject to constitutional limits and the temporal constraints in this Act.
Businesses beyond RTOs that rely on qualifications. Employers, licensing bodies and other entities that use VET qualifications as inputs to hiring, licensing or compliance will be affected because the Act imports the national processes for accreditation and for issuing/cancelling qualifications (s 4(1)(b), (c)). Any national instrument that alters qualification recognition, transparency, or information sharing can change business practices.
Data recipients and users. The definitions and list in s 4(1)(e) include collection, publication, provision and sharing of information about VET. That authorises national instruments and Commonwealth law to govern data flows and public information for VET matters, with downstream effects on analytics, compliance checks and market transparency.
Legal advisors and compliance functions. The combination of adoption, references, and continuing effect rules creates a moving legal landscape; lawyers and compliance professionals will need to track Commonwealth amendments, national instruments and any State proclamations under s 7, as well as the operation and exceptions in s 4(2).
Some groups are explicitly not swept into the national framework by the Act. Section 4(2) preserves State law-making for primary and secondary education, higher education that is not VET, apprenticeships and traineeships rights/obligations, non-VET occupational qualification requirements, State funding of VET, and State-run provider agencies. Those are stakeholders where State-level policy and regulation remain determinative.
Key duties and rights
This Act predominantly allocates legislative competence; it does not itself impose detailed duties or create rights for private parties beyond those arising from adoption of the national framework. The key operational duties and rights follow from the Act’s adoption and reference model and from the topics it places under national VET legislation.
Duty to comply with national VET legislation and instruments, where in force. By adopting the national VET legislation (s 5(1)) and referring matters to the Commonwealth for amendment (s 5(2)), the Act creates a legal expectation that persons and entities within the State will be subject to requirements, standards, registration regimes, and enforcement powers as provided in the national VET legislation and national VET instruments, insofar as those laws operate within the State and within the State’s legislative competence.
Rights to continuity and recognition of laws made under the amendment reference. If the amendment reference terminates before the adoption, the Act affirms that laws made under the amendment reference before termination continue to operate in the State (s 8(2)(a)). The Act also contemplates continuity of the existing legislation as amended by laws made under the amendment reference that come into operation after termination (s 8(2)(b)(i)) and as amended by provisions under s 6(a) or (b) that have come into operation (s 8(2)(b)(ii)). This means affected parties can rely on the continuing operation of particular national laws even where the amendment reference is ended, subject to the narrow exclusions allowed by the terminating proclamation (s 8(4)).
Duty on the Minister to table Commonwealth amendments. The State Minister must table a copy of any express Commonwealth amendment of the national VET legislation in the Legislative Assembly (s 6(2)). The duty is procedural and parliamentary; failure to table does not affect the legal operation of the amendment or the adoption/reference arrangements (s 6(3)). This is a transparency mechanism rather than a substantive control.
Governor’s termination power and associated rights. The Governor may set the termination day for adoption and/or amendment reference by proclamation (s 7(1)). The Act protects parties by requiring that any fixed day be no earlier than the first day after the end of six months beginning with the day the proclamation is notified (s 7(2)). The revocation mechanism in s 7(3)-(5) adds a discretionary right on executive action to revoke a termination proclamation prior to its coming into effect; if revoked, the earlier proclamation is treated as never having been notified for the purposes of s 5.
Rights and duties preserved at State level. The s 4(2) carve-outs preserve a set of State duties and rights. For example, the State retains authority over the funding of VET (s 4(2)(e)) and the establishment or management of a State VET agency (s 4(2)(f)). Similarly, the Act preserves the State’s role in primary and secondary education and higher education recognised as tertiary and not VET (s 4(2)(a)-(b)).
Legal effect limited by constitutional context and s 5(4). The reference in s 5(4) limits the amendment reference to the extent the Commonwealth lacks the power to legislate on the matter apart from a reference under s 51(xxxvii). That creates a boundary for the reach of Commonwealth amendments made under the referral, although s 6 contemplates Commonwealth amendments based on other constitutional powers may also affect operation.
The practical upshot is that duties and rights that directly regulate VET operations will be found in the adopted Commonwealth statutes and instruments rather than in this State Act. This Act establishes who decides (the Commonwealth regime, once adopted/referred), the temporal boundaries of that decision-making, and the transparency and preservation mechanisms (s 6-8).
Penalties and enforcement
The Act itself does not create or specify penalties, fines or enforcement protocols against private parties. Instead it brings the listed VET regulatory fields into the remit of the national VET legislation and national instruments, thereby importing the enforcement architecture that exists at Commonwealth level.
Enforcement is delegated to national VET instruments and legislation. Section 4(1)(f) explicitly identifies "investigative powers, sanctions and enforcement in relation to any of the above" as a continuing VET matter. The effect is that powers to investigate, sanction and enforce for registration, accreditation, standards and qualifications will be those contained in the national VET legislation and national VET instruments, as adopted and referred under s 5.
This Act provides no standalone penalty regime. Practitioners should therefore look to the National Vocational Education and Training Regulator Act 2011 (Cwlth) and associated instruments and transitional provisions for the precise content of offences, civil remedies, compliance notices, suspension/cancellation powers, and administrative sanctions. The Act’s role is to bring those Commonwealth provisions to bear in the State where the adoption/reference applies.
Continuity of enforcement after amendment reference termination. Section 8 protects the continued operation of laws made under the amendment reference before its termination. That means sanctions and enforcement regimes created under Commonwealth amendments made during the referral period continue to operate in the State even if the amendment reference is later terminated, subject to the possibility that a terminating proclamation can exclude specific amendments (s 8(4)). Practically, regulated parties cannot assume enforcement lapses simply because the amendment reference is ended; specific instruments and amendments remain effective per s 8(2).
Proclamations as subordinate legislation. Proclamations terminating adoption/reference are subordinate legislation (s 7(6)). That has procedural consequences: proclamations will be subject to the State’s subordinate legislation regulatory and parliamentary scrutiny regimes, and practitioners should monitor the Gazette and any required tabling or disallowance processes for subordinate instruments.
Reporting obligations are minimal in this Act. The only express procedural reporting duty placed on a Minister is to table a copy of any Commonwealth amendment of the national VET legislation (s 6(2)). Failure to table does not affect the substantive operation of the amendment (s 6(3)). There is no appeal, review or enforcement process specified in this Act itself for decisions made under the national regime; such mechanisms, if any, will be found in the national VET legislation and instruments.
In short, the Act channels regulatory enforcement to Commonwealth laws and instruments for the listed continuing VET matters and preserves the legal effect of those enforcement mechanisms across termination events in specified ways (s 4(1)(f), s 5, s 8). For precise penalty quantum, procedural fairness and review rights, consult the adopted national texts.
How it interacts with other laws
The Act is designed to operate as a statutory bridge between State and Commonwealth regulatory regimes. Its interactional features derive from its adoption/reference model and explicit cross-references to Commonwealth instruments.
Constitutional mechanism referenced. Section 5(1) adopts the national VET legislation "within the meaning of section 51(xxxvii) of the Commonwealth Constitution". The Act therefore uses the constitutional device that allows State parliaments to refer matters to the Commonwealth Parliament. The text frames adoption and reference as complementary operations (s 5(3): "The operation of each of subsections (1) and (2) is not affected by the other subsection").
Defined Commonwealth texts. Section 3 defines "national VET legislation" as the two Commonwealth Acts named. Any interaction with other Commonwealth or State statutes will need to be read against those texts, and with the recognition that national VET instruments made under those Acts are also brought into view by s 3 and s 6.
Limits where Commonwealth already has power. Section 5(4) restricts the effect of the reference so that it has effect only to the extent the matter is not included in the legislative powers of the Commonwealth otherwise than by a referral. That creates a boundary: if the Commonwealth already has legislative power over a matter apart from s 51(xxxvii), the State reference is not effective to extend additional competence.
Interaction with Commonwealth instruments and other Commonwealth powers. Section 6 makes explicit the State Parliament’s intention that national VET legislation may be amended by Commonwealth Acts based on Commonwealth powers other than a reference or adoption for s 51(xxxvii), and that national VET instruments may affect the operation of the national VET legislation. This creates an operational pathway by which Commonwealth measures made under other constitutional heads of power, and non-legislative instruments, can alter the regulatory environment in the State even after adoption.
Preservation and transitional interaction. Section 8 addresses the interaction between termination of the amendment reference and the adoption. It preserves the operation of laws made under the amendment reference before termination and specifically contemplates continued operation of existing legislation as amended by laws made under the amendment reference that come into operation after termination, and of laws amended or affected by provisions referred to in s 6(a) or (b) that have come into operation before termination. That creates legal continuity between State and Commonwealth orders and confirms that changes effected while the referral existed continue to be effective, even if the referral is later ended.
Carve-outs and overlapping State laws. Section 4(2) lists express exceptions where the continuing VET matter does not include limits on State law: primary/secondary education, higher education that is not VET, apprenticeships/traineeships rights and obligations, occupational qualifications outside VET organisations, State funding of VET, and the State establishment/management of VET agencies. In practice, this means State laws on these topics continue to operate independently. Where State laws and adopted Commonwealth rules operate in related spheres (for example, an apprenticeship scheme that touches both traineeship rights and RTO accreditation), the State retains competence for those specific carved-out elements and the Commonwealth retains competence for the elements falling within s 4(1). Practitioners must map the precise statutory functions to determine which regime applies.
Proclamations and subordinate legislation. Proclamations under s 7 are subordinate legislation. They interact with the State’s subordinate legislation rules, including any tabling, scrutiny and possible disallowance mechanisms. Further, s 7(5) treats a revoked proclamation as never having been notified for the purposes of s 5, which affects the legal character of the adoption and reference retroactively in limited respects.
No express primacy clause beyond adoption/reference. The Act does not set out a conflict resolution clause outside the adoption/reference mechanics and the constitutional framework; conflicts between State laws retained under s 4(2) and national VET legislation will need to be resolved by reference to constitutional law principles, the content of the national VET legislation as adopted, and the specific statutory language used in both systems.
In sum, the Act creates a layered interaction between State and Commonwealth legal orders anchored on adoption and reference and shaped by explicit carve-outs, temporal rules, and an express intention that Commonwealth instruments and other Commonwealth powers can alter operation (s 4-6, s 8). Practitioners must therefore consider both the adopted national texts and the State carve-outs when determining applicable law.
Amendment history
The Act’s text as supplied discloses a limited recorded amendment and the original commencement date. What the source gives:
Commencement date. The Act commences on 29 June 2012 (s 2). That is the date on which the adoption and reference mechanics in the Act became operable.
Amendment recorded to s 7. The text includes an annotation demonstrating that s 7 was amended by "2013 No. 39 s 110 (2) sch 3 pt 2". The body of s 7 in the supplied text includes the clause "A proclamation under subsection (1) or (3) is subordinate legislation" and an inserted editorial note "s 7 amd 2013 No. 39 s 110 (2) sch 3 pt 2". That indicates a specific legislative modification to s 7 was made in 2013 by a statute numbered 39 in that year, and points to the schedule and part of that amending instrument.
No other amending material provided. The supplied text does not enumerate further amendment history, repeal, or replacement provisions beyond the commencement and the single recorded amendment annotation to s 7. The Act itself contemplates that Commonwealth amendments to the national VET legislation and the effect of national VET instruments may change the operation of the adopted national regime (s 6), but that is a statement about future legislative changes by the Commonwealth rather than amendments to this State Act.
No temporal extension mechanism set out. The Act makes adoption and reference effective only until the day fixed under s 7 and contemplates termination by proclamation. The text supplies the mechanics for such proclamation, including a minimum notice period of six months (s 7(2)), revocation (s 7(3)-(5)), and subordinate legislation status (s 7(6)). No express automatic extension clause is provided.
To understand the full amendment history, readers should consult the State statute database and legislative instruments to identify the amending instrument referenced in the annotation (2013 No. 39 s 110(2) sch 3 pt 2). The Act itself signals that substantive content regulating VET (including enforcement and standards) will primarily flow from the Commonwealth texts and instruments rather than from amendments to this State Act, but any change to the act’s mechanics (for example changes to s 7) will be recorded in amending instruments like the one annotated.
Litigation history
The supplied text contains no record of litigation, judicial decisions, or case names. It does not purport to summarise any judicial treatment of the Act, nor does it include references to judicial interpretation. The Act is procedural and constitutional in character: it allocates and times the adoption and reference of national VET legislation rather than creating private rights or novel substantive offences that typically generate reported litigation in the State courts.
Practical implications of that absence of litigation in the source:
Absence of judicial guidance. Because the Act’s content is primarily about allocation of legislative competence and temporal termination, the most likely areas where litigation could arise would be constitutional challenges, disputes about whether a particular national instrument is within the scope of the adopted national VET legislation as adopted into State law, or disputes about the effect of a proclamation under s 7 or revocation under s 7(3)-(5). None of those are reported in the supplied text.
Reliance on national cases. Any litigation about the substantive regulatory obligations, penalties, or administrative decision-making for VET providers is more likely to arise under the National Vocational Education and Training Regulator Act 2011 (Cwlth) and associated instruments. Thus, authoritative judicial guidance on specific enforcement or procedural questions will generally come from Commonwealth cases or administrative decisions interpreting the national framework rather than from cases concerning this State Act.
Monitoring recommended. Practitioners advising clients in affected sectors should monitor both State and Commonwealth jurisprudence because the Act channels regulatory power to Commonwealth legislation and instruments and because constitutional or administrative law cases may touch on interplay between State referral/adoption and Commonwealth legislative competence. The absence of cases in the supplied text is a neutral factual observation rather than an assessment of litigation risk.
If litigation history is required beyond the contents of this Act, consult legal databases for judgments concerning the National Vocational Education and Training Regulator Act 2011 (Cwlth), any cases mentioning the State adoption/reference, and any State decisions related to proclamations under s 7.
Gotchas
This Act’s drafting contains several technical features and practical pitfalls that create legal and compliance risks. The following items are concrete mechanics and potential traps grounded in the Act’s text.
Temporal nature creates uncertainty for long-term planning. Adoption and reference operate only until the day fixed under s 7 (s 5(5)). The Governor can fix that day with at least six months’ notice (s 7(2)). For regulated entities planning multi-year programmes, the possibility of termination within relatively short notice windows imposes regulatory uncertainty about which legal regime will apply at future dates and whether obligations imposed under national instruments will remain enforceable.
Continuity protections are partial and can be excluded. Section 8 preserves the operation of laws made under the amendment reference before termination, and expressly contemplates that certain post-termination amendments may continue to operate. However, s 8(4) allows the terminating proclamation to exclude particular amendments from the protection. Parties cannot assume that all laws made under the amendment reference will continue to apply after termination; they must check the text of any terminating proclamation for exclusions.
Broad instrument power not constrained by this Act. Section 6 acknowledges that national VET instruments may affect the operation of the national VET legislation. Instruments can be legislative in character and may have far-reaching administrative impacts. The Act does not create State-level review or disallowance rights over national instruments; it only requires the State Minister to table copies of Commonwealth amendments to the national VET legislation (s 6(2)), and even that procedural duty does not affect substantive operation if not complied with (s 6(3)).
Overlap and boundary problems with State carve-outs. Section 4(2) lists topics that are not continuing VET matters, including apprenticeships rights/obligations and funding. In practice, regulatory and contractual interactions between apprenticeships, traineeships, RTO accreditation and funding schemes can be complex. Disputes may arise about whether a specific measure falls within the s 4(1) list or the s 4(2) carve-outs. Entities must map statutory functions precisely , plain functional overlap can produce dual regulation or gaps.
Reliance on Commonwealth bases of power. Section 6(1)(a) recognises that the national VET legislation may be amended by Commonwealth Acts based on other heads of power. That may result in the Commonwealth making changes on constitutional bases that were not part of the original referral, potentially altering obligations in ways not anticipated when the State adopted or referred the matters. The Act signals that possibility rather than constraining it.
Subordinate legislation timing and revocation quirks. A proclamation terminating the adoption/reference must be notified and cannot take effect less than six months after notification (s 7(2)). A revoking proclamation has effect only if notified before the fixed day (s 7(3)-(4)). If revoked successfully, the original proclamation is treated as never having been notified for s 5 purposes (s 7(5)). These rules can create retroactive effects and administrative unpredictability that affect parties subject to the national VET regime.
No direct appeal or review procedures in this Act. Because the Act delegates enforcement and investigative powers to the national framework (s 4(1)(f)), any procedural protections, merits review rights or judicial review remedies will be found in the adopted Commonwealth legislation and instruments, not in this State Act. Practitioners must therefore turn to national texts to advise on appeal avenues.
Ministerial tabling is not a substantive check. The statutory requirement to table Commonwealth amendments (s 6(2)) is a transparency device, not a legal check. Failure to table does not affect substantive operation (s 6(3)). Stakeholders cannot rely on tabling as a mechanism to block or delay national amendments from becoming enforceable in the State.
Scope defined by “to the extent … legislative powers”. Several provisions condition the operation of adoption and reference on the matters being "included in the legislative powers of the Parliament of the State" (s 4 opening line; s 5(1)). That wording creates potential interpretative issues about how much of a particular VET matter falls within State legislative power and how much is intended to be dealt with by the Commonwealth; resolving such questions may require careful statutory construction and possibly judicial input.
Each of the foregoing is a concrete legal outcome tied to a specific section of the Act. They are not speculative policy assertions but rather practical features that lawyers and compliance teams should model into risk assessments and implementation plans.
How to comply
Compliance under this Act requires understanding where substantive duties will come from: the adopted national VET legislation and national VET instruments. The State Act sets the jurisdictional frame and the temporal conditions. Practical compliance steps for regulated parties, State agencies, and advisers follow from the Act’s provisions.
For RTOs, providers and employers
Map regulatory obligations to the national texts. Because s 5 adopts the national VET legislation and s 3 defines the adopted Acts, identify all registration, accreditation, standards, qualifications and reporting rules in the National Vocational Education and Training Regulator Act 2011 (Cwlth) and its instruments. Treat those as the primary source of duty while the adoption/reference is in force.
Monitor national instruments. Section 6 recognises national VET instruments as potentially affecting operation. Subscribe to the Commonwealth Register of Legislation, the national regulator’s publications, and any Federal Gazettes that publish instruments. Integrate instrument changes into compliance registers promptly.
Track the State proclamation timetable. The Governor may terminate adoption/reference by proclamation subject to at least six months’ notice (s 7(2)). Monitor State Gazette notices and subordinate legislation registers for any proclamation under s 7 to anticipate expiry or revocation and the potential s 8 consequences.
Audit for data and information obligations. Section 4(1)(e) makes collection, publication, provision and sharing of VET information a continuing VET matter under the national regime. Ensure privacy, data governance and reporting systems can meet national requirements and that contractual data-sharing arrangements reflect the national regulator’s powers.
For State agencies and policy teams
Review State law carve-outs. Section 4(2) preserves State authority over certain areas (primary/secondary education, higher education not VET, apprenticeships/traineeships rights and obligations, non-VET occupational qualifications, State funding, and State provider management). Conduct a statutory map to delineate responsibilities and identify points of overlap that require intergovernmental coordination.
Maintain parliamentary transparency practices. The Minister must table a copy of any Commonwealth amendment of the national VET legislation in the Legislative Assembly (s 6(2)). Establish internal processes to capture Commonwealth amendments and ensure timely tabling to meet the procedural duty, even though non-compliance does not affect substantive operation (s 6(3)).
Prepare for proclamation and revocation mechanics. Because s 7 permits termination and s 8 addresses continuity, prepare contingency plans for administrative handback should the adoption/reference be terminated. Determine which functions will return to State legislative control and what operational steps providers and agencies will need to undertake to transition.
Coordinate with the Commonwealth. The Act anticipates continued Commonwealth amendment and instrument-making power (s 6). Establish intergovernmental channels to participate in consultations about national instruments and amendments, and to feed State concerns into the national policy process.
For legal and compliance advisors
Negotiate contractual protections. Where agreements depend on VET accreditation or qualifications, include clauses that identify the governing regulatory instruments, provide a mechanism for dealing with changes in national instruments, and allocate risk for changes that are wholly procedural versus those that change substantive qualifications or accreditation status.
Advise on appeals and remedies under national law. Because enforcement mechanisms sit in the national framework, advise clients on review rights, merits review and judicial review avenues available under the national VET legislation and instruments rather than expecting remedies to be found in this State Act.
Model transitional risk. Use the s 8 continuity rules to model how existing Commonwealth amendments will survive a termination of the amendment reference and which measures could be excluded by proclamation. That will affect risk assessments and any necessary remediation work.
Operational checklist
Catalogue all national VET instruments affecting your entity and put them into a living register.
Ensure registration, accreditation and reporting workflows meet national standards, including recordkeeping for qualifications and statements of attainment.
Review data-sharing, privacy and disclosure processes in anticipation of national information provisions (s 4(1)(e)).
Monitor State and Commonwealth Gazettes for proclamations (s 7) and national amendments, and ensure Ministerial tabling obligations are tracked (s 6(2)).
For contracts that rely on VET status, add adjustment clauses to handle changes introduced via national instruments or Commonwealth amendments.
For State regulators, prepare transition playbooks for a potential reassertion of State law power over carved-out areas and a plan for communications to affected providers.
Following these steps aligns day-to-day compliance with the Act’s division of competence, the practical reliance on national legislation and instruments, and the temporal and continuity rules that the Act establishes (s 3-8).
(a) the registration and regulation of vocational education and training organisations;
(b) the accreditation or other recognition of vocational education and training courses or programs;
(c) the issue and cancellation of vocational education and training qualifications or statements of attainment;
(d) the standards to be complied with by a vocational education and training regulator;
(e) the collection, publication, provision and sharing of information about vocational education and training;
(f) investigative powers, sanctions and enforcement in relation to any of the above.
(a) primary or secondary education (including the education of children subject to compulsory school education); or
(b) tertiary education that is recognised as higher education and not vocational education and training; or
(c) the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or
(d) the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or
(e) the funding by the State of vocational education and training; or
(f) the establishment or management of any agency of the State that provides vocational education and training.
sec.5 Adoption and references
sec.5 Adoption and references
The national VET legislation is adopted, within the meaning of section 51 (xxxvii) of the Commonwealth Constitution, to the extent that the matters in the national VET legislation are within the legislative powers of the Parliament of the State.
Each continuing VET matter is referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to the matter by making express amendments of the national VET legislation.
The operation of each of subsections (1) and (2) is not affected by the other subsection.
The reference of a matter under subsection (2) has effect only if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution).
Despite any provision of this Act other than section 8 (4) , the adoption under subsection (1) or the reference under subsection (2) has effect for a period—
beginning when the subsection under which the adoption or reference is made commences; and
ending at the end of the day fixed under section 7 as the day on which the adoption or reference is to terminate;
but not longer.
(sec.5-ssec.1) The national VET legislation is adopted, within the meaning of section 51 (xxxvii) of the Commonwealth Constitution, to the extent that the matters in the national VET legislation are within the legislative powers of the Parliament of the State.
(sec.5-ssec.2) Each continuing VET matter is referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to the matter by making express amendments of the national VET legislation.
(sec.5-ssec.3) The operation of each of subsections (1) and (2) is not affected by the other subsection.
(sec.5-ssec.4) The reference of a matter under subsection (2) has effect only if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution).
(sec.5-ssec.5) Despite any provision of this Act other than section 8 (4) , the adoption under subsection (1) or the reference under subsection (2) has effect for a period— beginning when the subsection under which the adoption or reference is made commences; and ending at the end of the day fixed under section 7 as the day on which the adoption or reference is to terminate; but not longer.
(a) beginning when the subsection under which the adoption or reference is made commences; and
(b) ending at the end of the day fixed under section 7 as the day on which the adoption or reference is to terminate;
sec.6 Amendment of Commonwealth law
sec.6 Amendment of Commonwealth law
It is the intention of the Parliament of the State that—
the national VET legislation may be expressly amended, or have its operation otherwise affected, at any time by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from a reference of any matters, or the adoption of the national VET legislation, for the purposes of section 51 (xxxvii) of the Commonwealth Constitution; and
the national VET legislation may have its operation affected, otherwise than by express amendment, at any time by provisions of national VET instruments.
If the national VET legislation is expressly amended, the Minister must table a copy of the amendment in the Legislative Assembly.
However, failure to comply with subsection (2) does not affect the operation of subsection (1) or section 5 .
(sec.6-ssec.1) It is the intention of the Parliament of the State that— the national VET legislation may be expressly amended, or have its operation otherwise affected, at any time by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from a reference of any matters, or the adoption of the national VET legislation, for the purposes of section 51 (xxxvii) of the Commonwealth Constitution; and the national VET legislation may have its operation affected, otherwise than by express amendment, at any time by provisions of national VET instruments.
(sec.6-ssec.2) If the national VET legislation is expressly amended, the Minister must table a copy of the amendment in the Legislative Assembly.
(sec.6-ssec.3) However, failure to comply with subsection (2) does not affect the operation of subsection (1) or section 5 .
(a) the national VET legislation may be expressly amended, or have its operation otherwise affected, at any time by provisions of Commonwealth Acts the operation of which is based on legislative powers that the Parliament of the Commonwealth has apart from a reference of any matters, or the adoption of the national VET legislation, for the purposes of section 51 (xxxvii) of the Commonwealth Constitution; and
(b) the national VET legislation may have its operation affected, otherwise than by express amendment, at any time by provisions of national VET instruments.
sec.7 Termination of adoption or reference
sec.7 Termination of adoption or reference
The Governor may, at any time, by proclamation, fix a day as the day on which—
the adoption and the amendment reference are to terminate; or
the amendment reference is to terminate; or
the adoption is to terminate (if the amendment reference has been previously terminated).
A day fixed under subsection (1) must be no earlier than the first day after the end of the period of 6 months beginning with the day on which the proclamation is notified.
The Governor may, by proclamation, revoke a proclamation under subsection (1) .
A revoking proclamation has effect only if notified before the day fixed under subsection (1) .
If a revoking proclamation has effect, the revoked proclamation is taken, for the purposes of section 5 , never to have been notified but the revocation does not prevent notification of a further proclamation under subsection (1) .
A proclamation under subsection (1) or (3) is subordinate legislation.
s 7 amd 2013 No. 39 s 110 (2) sch 3 pt 2
(sec.7-ssec.1) The Governor may, at any time, by proclamation, fix a day as the day on which— the adoption and the amendment reference are to terminate; or the amendment reference is to terminate; or the adoption is to terminate (if the amendment reference has been previously terminated).
(sec.7-ssec.2) A day fixed under subsection (1) must be no earlier than the first day after the end of the period of 6 months beginning with the day on which the proclamation is notified.
(sec.7-ssec.3) The Governor may, by proclamation, revoke a proclamation under subsection (1) .
(sec.7-ssec.4) A revoking proclamation has effect only if notified before the day fixed under subsection (1) .
(sec.7-ssec.5) If a revoking proclamation has effect, the revoked proclamation is taken, for the purposes of section 5 , never to have been notified but the revocation does not prevent notification of a further proclamation under subsection (1) .
(sec.7-ssec.6) A proclamation under subsection (1) or (3) is subordinate legislation.
(a) the adoption and the amendment reference are to terminate; or
(b) the amendment reference is to terminate; or
(c) the adoption is to terminate (if the amendment reference has been previously terminated).
sec.8 Effect of termination of amendment reference before termination of adoption
sec.8 Effect of termination of amendment reference before termination of adoption
A reference in this section to provisions referred to in section 6 (b) includes a reference to national VET instruments made to carry out or give effect to the national VET legislation as amended by laws made under the amendment reference.
It is the intention of the Parliament of the State that, if the amendment reference terminates before the adoption terminates, the termination of the amendment reference does not affect—
laws made under the amendment reference before the termination; or
the continued operation in the State of the existing legislation or of the existing legislation as—
amended after the termination by laws referred to in paragraph (a) that come into operation after the termination; or
amended or affected after the termination by provisions referred to in section 6 (a) or (b) .
Accordingly, the amendment reference continues to have effect for the purposes of subsection (2) unless the adoption reference is terminated.
Subsection (2) or (3) does not apply to or in relation to an amendment of the national VET legislation that is excluded from the operation of this section by the proclamation that terminates the amendment reference.
In this section—
existing legislation means the national VET legislation as—
amended by laws made under the amendment reference that have come into operation before the termination; or
amended or affected by provisions referred to in section 6 (a) or (b) that have come into operation before the termination;
and as in operation immediately before the termination.
termination means the termination of the amendment reference.
(sec.8-ssec.1) A reference in this section to provisions referred to in section 6 (b) includes a reference to national VET instruments made to carry out or give effect to the national VET legislation as amended by laws made under the amendment reference.
(sec.8-ssec.2) It is the intention of the Parliament of the State that, if the amendment reference terminates before the adop
This is an opening excerpt, not the complete document.