Education and Training Legislation Repeal Act 2017

No. 88, 2017

An Act to repeal certain obsolete Acts relating to education and training, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Repeals of Acts 3

Part 1—Repeals 3

Australian Research Council (Consequential and Transitional Provisions) Act 2001 3

Australian Technical Colleges (Flexibility in Achieving Australia’s Skills Needs) Act 2005 3

Skilling Australia’s Workforce Act 2005 3

Skilling Australia’s Workforce (Repeal and Transitional Provisions) Act 2005 3

Part 2—Consequential amendments 4

Social Security Act 1991 4

Part 3—Saving and transitional provisions 5

Education and Training Legislation Repeal Act 2017

No. 88, 2017

An Act to repeal certain obsolete Acts relating to education and training, and for related purposes

[Assented to 23 August 2017]

The Parliament of Australia enacts:
1 Short title

This Act is the Education and Training Legislation Repeal Act 2017.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day after this Act receives the Royal Assent. 24 August 2017

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Repeals of Acts

Australian Research Council (Consequential and Transitional Provisions) Act 2001

 1 The whole of the Act

Repeal the Act.

Australian Technical Colleges (Flexibility in Achieving Australia’s Skills Needs) Act 2005

 2 The whole of the Act

Repeal the Act.

Skilling Australia’s Workforce Act 2005

 3 The whole of the Act

Repeal the Act.

Skilling Australia’s Workforce (Repeal and Transitional Provisions) Act 2005

 4 The whole of the Act

Repeal the Act.

Social Security Act 1991

 5 Subsection 23(1) (definition of VET provider)

Repeal the definition, substitute:

VET provider means a registered training organisation (within the meaning of the National Vocational Education and Training Regulator Act 2011) that provides vocational education and training.

 6 Saving provision

Despite the repeal of the Australian Technical Colleges (Flexibility in Achieving Australia’s Skills Needs) Act 2005 made by Part 1 of this Schedule:

 a

a Part 2 agreement in force under that Act immediately before the commencement of this item continues in force on and after that commencement; and

 b

that Act, as in force immediately before that commencement, continues to apply on and after that commencement in relation to the Part 2 agreement.

 7 Transitional rules 1

The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.

 2

To avoid doubt, the rules may not do the following:

 a

create an offence or civil penalty;

 b

provide powers of:

 i

arrest or detention; or

 ii

entry, search or seizure;

 c

impose a tax;

 d

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

 e

directly amend the text of this Schedule.

 3

This Schedule (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

[Minister’s second reading speech made in—

House of Representatives on 22 June 2017

Senate on 17 August 2017]

(140/17)