2002 2003

Australian National Training Authority Amendment Act 2003

No. 98, 2003

An Act to amend the Australian National Training Authority Act 1992, and for other purposes

[Assented to 14 October 2003]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Australian National Training Authority Amendment Act 2003.

(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
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	14 October 2003
2. Schedule 1	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.	14 April 2004
3. Schedule 2	1 January 2004.	1 January 2004.

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Membership of the Australian National Training Authority

Australian National Training Authority Act 1992

1 Paragraph 24(1)(c)

Omit “5”, substitute “7”.

2 Subsection 24(2)

Omit “3”, substitute “4”.

3 Subsections 36(3) and (5)

Omit “4 members”, substitute “5 members”.

4 Section 38

Omit “4”, substitute “5”.

Schedule 2—Australian National Training Authority (ANTA) Agreement

Australian National Training Authority Act 1992

1 Subsection 4(1) (definition of Agreement)

Repeal the definition, substitute:

Agreement means:

(a) the Agreement between the Commonwealth and States that is:

(i) described as an ANTA Agreement; and

(ii) expressed to replace the agreement known as the “ANTA Agreement for 2001 to 2003”; or

(b) if the first‑mentioned Agreement is amended—that Agreement as so amended.

1A After section 18

Insert:

18A Presentation of agreement to Parliament

The Commonwealth Minister must cause a copy of the agreement and any amendment to the agreement to be laid before each House of the Parliament within 15 sitting days of that House after the agreement is made or amended between the Commonwealth, State and Territory ministers.

18B Publication of agreement on Internet

The Commonwealth Minister must cause the Authority to publish the agreement or any amendment of the agreement on its website within 15 sitting days of either House of the Parliament after the agreement is made or amended by the Commonwealth, State and Territory Ministers.

2 Schedule 1

Repeal the Schedule.

3 Savings of matters affecting the Ministerial Council

(1) Any:

(a) declaration, determination, requirement, guideline, nomination, recommendation or appointment made; or

(b) direction, consent or approval given; or

(i) the Ministerial Council; or

(ii) the Chairperson of that Council;

under the Australian National Training Authority Act 1992 that had effect immediately before the commencement of this item, has the corresponding effect, for the purposes of that Act as amended by this Schedule, as if it had been made, given or done by the Ministerial Council or the Chairperson of the Ministerial Council under that Act as so amended.

(2) Any:

(a) recommendation, advice, report or submission made or given to; or

(b) other thing done in relation to;

the Ministerial Council under the Australian National Training Authority Act 1992 that had effect for the purposes of that Act immediately before the commencement of this item, has the corresponding effect, for the purposes of that Act as amended by this Schedule, as if it had been made or given to, or done in relation to, the Ministerial Council under that Act as so amended.

Vocational Education and Training Funding Act 1992

4 Subsection 9AB(1)

Before “ANTA agreement”, insert “applicable”.

5 Subsection 9AB(3)

Repeal the subsection, substitute:

(3) In this section:

applicable ANTA agreement means:

(a) for 2001, 2002 or 2003:

(i) the agreement that was set out in Schedule 1 to the Australian National Training Authority Act 1992 (as amended by the Vocational Education and Training Funding Amendment Act 2001) as that Schedule was in force before 1 January 2004; and

(ii) if the agreement was amended—that agreement as amended from time to time; or

(b) for 2004—the Agreement as defined by subsection 4(1) of the Australian National Training Authority Act 1992 (as amended by the Australian National Training Authority Amendment Act 2003).

[Minister’s second reading speech made in—

House of Representatives on 14 August 2003

Senate on 10 September 2003]