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

OUTLINE

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

Clause 1- Short title

Provides for the Act to be cited as the Australian National Training Authority Amendment Act 2003.

Clause 2- Commencement

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.

Clause 3- Schedule(s)

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.

Schedule 1—Membership of the Australian National Training Authority
  
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.

Schedule 2—Australian National Training Authority (ANTA) Agreement

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.