Vocational Education and Training (Commonwealth Powers) Act 2012



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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—

(a) the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; and

(b) the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 of the Commonwealth,

as in force from time to time;

referred VET matters—see section 6;

relevant version of the National VET legislation means—

(a) the National Vocational Education and Training Regulator Act 2011 of the Commonwealth; and

(b) the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 of the Commonwealth,

as in force immediately before the commencement of section 4.

4—Adoption of National VET legislation

(1) The relevant version of the National VET legislation is adopted within the meaning of section 51(xxxvii) of the Constitution of the Commonwealth.

(2) The adoption has effect for a period—

(a) beginning when this section commences; and

(b) ending at the end of the day fixed under section 5 as the day on which the adoption is to terminate,

but no longer.

5—Termination of adoption

(1) The Governor may, at any time, by proclamation published in the Gazette, fix a day as the day on which the adoption is to terminate.

(2) The Governor may, by proclamation published in the Gazette, revoke a proclamation published under subsection (1), in which case the revoked proclamation is taken (for the purposes of section 4) never to have been published.

(3) A revoking proclamation has effect only if published before the day fixed under subsection (1).

(4) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.

6—Referred VET matters



(1) Each of the following matters is a referred VET matter:

(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.

(2) However, a referred 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 with respect to—

(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.

(3) In this section—



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