National Vocational Education and Training Regulator (Charges) Amendment (Governance and Other Matters) Determination 2021

I, Stuart Robert, Minister for Employment, Workforce, Skills, Small and Family Business, make the following determination.

Dated 1 June 2021

Stuart Robert

Minister for Employment, Workforce, Skills, Small and Family Business

Contents

1  Name

2  Commencement

3  Authority

4  Schedules

Schedule 1—Amendments

National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1)

1  Name

  This instrument is the National Vocational Education and Training Regulator (Charges) Amendment (Governance and Other Matters) Determination 2021.

2  Commencement

 (1) Each provision of this instrument 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.

Note: This table relates only to the provisions of this instrument as originally made.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

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

3  Authority

  This instrument is made under subsections 6B(1), 9(2), 12(2) and section 13 of the National Vocational Education and Training Regulator (Charges) Act 2012.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1)

1  Making words

Omit “National Vocational Education and Training Regulator Act 2011”, substitute “National Vocational Education and Training Regulator (Charges) Act 2012”.

2  Paragraphs 6(a), (b) and (c)

Omit “Charges”.

3  Section 6 (note)

Omit “Charges” (wherever occurring).

4  Section 7  Definitions

Repeal the section, substitute:

7  Definitions

Note: A number of expressions used in this instrument are defined in section 3 of the NVETR Act, including the following:

(a)      Australian Qualifications Framework;

(b)      compliance audit;

(c)      National VET Regulator;

(d)      NVR registered training organisation;

(e)      registered provider;

(f)       VET accredited course.

  In this instrument:

Act means the National Vocational Education and Training Regulator (Charges) Act 2012.

ASQA means the Australian Skills Quality Authority, which has the meaning given by section 173 of the NVETR Act.

Auditor means a person who carries out a compliance audit on behalf of the National VET Regulator.

Complaint Officer means a person who investigates a complaint on behalf of the National VET Regulator for the purposes of Part 3 of the Act.

ELICOS has the same meaning as in the Education Services for Overseas Students Act 2000.

National VET Regulator annual registration charge means the charge imposed by Part 1A of the Act.

NVETR Act means the National Vocational Education and Training Regulator Act 2013.

qualification includes:

(a)    training package qualifications and VET accredited courses and programs (including ELICOS); and

(b)    for a single qualification, any number of units of competency in relation to the qualification.

training package means a nationally endorsed, integrated set of competency standards, assessment requirements and Australian Qualifications Framework qualifications and credit arrangements for a specific industry, industry sector or enterprise.

units of competency has the same meaning as in the Act.

Note: “Units of competency” is the term used for the specification of industry knowledge and skill and the application of that knowledge and skill to the standard of performance expected in the workplace.

5  Subsection 7A(1)

Omit “Charges”.

6  Subsection 7D(1)

Omit “Charges”.

7  Subsection 7D(1)

Omit “ASQA’s Chief Commissioner”, substitute “the National VET Regulator”.

8  Subsection 8(1)

Omit “Charges”.

9  Subsection 8(1)

Omit “that”, substitute “the”.

10  Paragraph 8(1)(b)

Omit “ASQA” (wherever occurring), substitute “the National VET Regulator”.

11  Subparagraph 8(1)(b)(i)

Omit “its”, substitute “the Regulator’s”.

12  Subparagraph 8(1)(b)(ii)

Omit “its”, substitute “the Regulator’s”.

13  Subsection 8(2)

Omit “Charges”.

14  Subsection 8(2)

Omit “that”, substitute “the”.

15  Paragraph 8(2)(c)

Omit “ASQA” (wherever occurring), substitute “the National VET Regulator”.

16  Subparagraph 8(2)(c)(i)

Omit “its”, substitute “the Regulator’s”.

17  Subparagraph 8(2)(c)(ii)

Omit “its”, substitute “the Regulator’s”.

18  Subsection 9(1)

Omit “Charges”.

19  Subsection 9(1)

Omit “that”, substitute “the”.

20  Subsection 9(1)

Omit “ASQA’s Chief Commissioner”, substitute “the National VET Regulator”.