Commonwealth of Australia Explanatory Memoranda

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NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (TRANSITIONAL PROVISIONS) BILL 2010 [2011]

                                       2010-2011


       THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA


                                     THE SENATE


 NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR
            (TRANSITIONAL PROVISIONS) BILL 2010


            ADDENDUM TO THE EXPLANATORY MEMORANDUM




SCHEDULE 1

AT THE END OF ITEM 30 - TRANSITIONAL REGULATIONS

In response to the concerns raised by the Senate Standing Committee for the Scrutiny
of Bills as expressed in its Alert Digest No. 1 of 2011 add the following:

`Subitems 30(2) and 30(4) are very similar to those in section 6 of the recent National
Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009.

The NVR legislation will enable the Commonwealth to undertake functions which
have previously been performed by the states and territories. While the
Commonwealth has worked closely with the states and territories to identify all
transitional issues, it is possible that given the number of jurisdictions concerned an
unforeseen issue may arise.

There is therefore a need to ensure that the regulations can provide for things which
were not foreseen at the time the legislation was drafted, to avoid the need to pass
further legislation to address things which were not foreseen. It may be that those
things will need to be addressed on an urgent basis, and these provisions provide the
necessary flexibility to do so.

Item 30 therefore provides greater certainty for training organisations and consumers
of their services.'




   (Circulated by authority of the Minister for Tertiary Education, Skills, Jobs and
             Workplace Relations, Senator the Honourable Chris Evans)