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2002-2003
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
AUSTRALIAN NATIONAL TRAINING AUTHORITY AMENDMENT BILL 2003
EXPLANATORY
MEMORANDUM
(Circulated by
authority of the Minister for Education, Science and Training the Hon Dr Brendan
Nelson MP)
AUSTRALIAN NATIONAL TRAINING AUTHORITY
AMENDMENT BILL 2003
The Australian National Training Authority (ANTA) was established by the
Australian National Training Authority Act 1992 (the Act) to promote the
development of the national vocational education and training system, in
accordance with the objectives of the Australian National Training Authority
Agreement.
The ANTA Agreement between the Commonwealth, States and
Territories, sets out planning, accountability and funding arrangements for
vocational education and training, and is re-negotiated every three years. The
Agreement for 2001 to 2003 expires at the end of 2003 and a new Agreement for
the period 2004 to 2006 is being negotiated.
The Australian National
Training Authority Amendment Bill 2003 would provide for a new Agreement by
means of amending the definition under subsection 4(1) of the Act so as to
replace the agreement known as the “ANTA Agreement for 2001 to
2003”.
When signed by Commonwealth, State and Territory Training
Ministers, the Commonwealth Minister will make public the ANTA Agreement for
2004 to 2006 by tabling it in both Houses.
By way of consequential
amendments, the Bill would also update the Vocational Education and Training
Funding Act 1992 for consistency of references to the ANTA
Agreement.
The Bill will increase, from seven to nine, the number of
members of the “Board” of ANTA, to give effect to a decision of the
ANTA Ministerial Council. This increase in numbers will strengthen the capacity
of the Authority to give high quality advice to the Ministerial Council. The
Bill will also consequentially amend the number of members required for a quorum
and a voting majority at meetings of the Authority.
FINANCIAL IMPACT
There is no financial impact from the measures contained in this Bill.
Commonwealth funding for vocational education and training is being appropriated
in separate legislation to amend the Vocational Education and Training
Funding Act 1992, which will give financial effect to the terms of the new
Agreement.
AUSTRALIAN NATIONAL TRAINING AUTHORITY AMENDMENT BILL 2003
Provides for the Act to be cited as the Australian National Training
Authority Amendment Act 2003.
Provides for Schedule 1 to the Act to commence on a single day to be
fixed by Proclamation and for Schedule 2 to commence on 1 January 2004.
However, if a date has not been proclaimed within 6 months after Royal Assent,
then Schedule 1 will commence on the first day after the period of 6 months from
the Act receiving Royal Assent.
The rest of the Act is to commence on
Royal assent.
Provides that each Act that is specified in a Schedule is amended or
repealed as set out in the applicable items in the Schedule and that any other
item in a Schedule has effect according to its terms.
Australian National Training
Authority Act 1992
Item 1
Amends
paragraph 24(1)(c) to increase the number of members of the Authority (other
than the Chairperson and Deputy Chairperson who are permanent members) from 5 to
7.
Item 2
Amends subsection 24(2) to reflect the
increase in members effected by item 1, by providing that the Authority may
perform its functions and exercise its powers so long as there are not more than
4 vacancies in its membership.
Item 3
Amends
subsections 36(3) and (5) to reflect the increase in members effected by item 1,
by increasing the number of members constituting a quorum or a majority at
meetings of the Authority from 4 to 5.
Item 4
Amends
section 38 to reflect the increase in members effected by item 1, by increasing
the minimum number of members required to carry a resolution of the Authority
from 4 to 5.
Australian National Training
Authority Act 1992
Items 1 and 2
Item
1 repeals the definition of Agreement in subsection 4(1) and
substitute a new definition so that it will no longer be necessary to
incorporate new agreements in a schedule to the Act. Item 2 repeals
Schedule 1.
Item 3
Subitem 3(1) is a saving provision
which has the effect of providing that a declaration, determination,
requirement, guideline, nomination, recommendation or appointment made or
direction, consent or approval given or other thing done by the Ministerial
Council or the Chairperson of that Council that was in force under the Act
before the commencement of this Schedule has effect after commencement as if it
had been made, given or done under that Act as amended by this
Schedule.
Subitem 3(2) has the effect of providing that any
recommendation, advice, report or submission made or given to or other thing
done in relation to the Ministerial Council that was in force under the Act
before the commencement of this Schedule has effect after commencement as if
it had been made, given or done under that Act as amended by this Schedule.
Vocational Education and
Training Funding Act 1992
Item
4
Technical amendment to the wording of subsection 9AB(1),
substituting reference to “ANTA agreement” with a reference to
“applicable ANTA agreement” as a result of the amendment made by
item 5 below.
Item 5
Repeals subsection 9AB(3) and
substitutes it with a new subsection to reflect the new definition of
Agreement inserted in subsection 4(1) of the Australian National
Training Authority Act 1992 by item 1.