Industry and Commerce Training Act Amendment Act 1982 (Qld)

65 ON ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 6 of 1982 An Act to amend the Industry and Commerce Training Act1979 - 1980 in certain particulars [ ASSENTED TO 20TH APRIL, 1982]

66 Industry and Commerce Training Act Amendment Act 1982, No. 6 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Industry and Commerce Training Act Amendment Act 1982. (2) In this Act the Industry and Commerce Training Act1979-1980 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Industry and Commerce Training Act1979-1982. 2. Commencement . (1) This Act, other than sections 3 (b), 5, 6, 14 and 30 shall commence on the day on which it is assented to for and on behalf of Her Majesty. (2) Sections 3 (b), 5, 6, 14 and 30 of this Act shall commence on a day appointed by a Proclamation made by the Governor and published in the Queensland Government Industrial Gazette. 3. Amendment of s. 3. Arrangement . Section 3 of the Principal Act is amended by- (a) omitting the expression " 35 " and substituting the expression " 35A "; and (b) omitting the word " SCHEDULES " and substituting the word " SCHEDULE ". 4. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by in subsection (1)- (a) omitting the definition of " apprentice " and substituting the following definition:- " " apprentice " means a person registered as an apprentice pursuant to section 62;"; (b) omitting the definition of " probationer " and substituting the following definition:- " " probationer " means an apprentice who pursuant to section 63 is employed on probation;". 5. Repeal of and new s. 9. The Principal Act is amended by repealing section 9 and substituting the following section:- " 9. Trades to which this Act applies . (1) This Act applies to such trades as are prescribed by Order in Council. (2) A trade referred to in subsection (1) may be prescribed in relation to an industry and in such a case this Act applies to the trade only in so far as it relates to the industry.". 6. Repeal of and new s . 10. The Principal Act is amended by repealing section 10 and substituting the following section:- " 10. Minimum standards of education . (1) The Order in Council referred to in section 9 may prescribe the minimum standard of education which a person must possess before he may become an apprentice in a calling:

Industry and Commerce Training Act Amendment Act 1982, No. 6 67 Provided that in the case of a person whose education was obtained at a place outside of Queensland the minimum standard of education required shall be that which, in the Commissioner's opinion, is at the least equal to the standard prescribed for an apprentice in that calling. (2) Different minimum education standards may be prescribed in relation to different callings. (3) Notwithstanding anything contained in subsection (1) . the Minister may approve of a person becoming an apprentice in a case where that person has not obtained the applicable standard of education and, where the Minister does so approve, that person shall not be prevented from becoming an apprentice by reason only of his not having obtained the necessary standard of education.". 7. Amendment of s. 22 . Functions . Section 22 of the Principal Act is amended by in paragraph (c) inserting after subparagraph (ii) the following subparagraph:- (iii) persons, bodies and authorities (by whatever name called) with a view to ensuring that there is a sufficient number of skilled tradesmen and other workers whose occupations require training available to enable those persons, bodies and authorities to carry out their functions and perform their duties under the State Development and Public Works Organization Act 1971-1981;". 8. New s. 22A. The Principal Act is amended by inserting after section 22 the following section:- " 22A. Powers of Commission . (1) Where an application to undertake any development or works within the meaning of the State Development and Public Works Organization Act 1971-1981 is being considered by any person, body or authority (by whatever name called) the Commission may require that person, body or authority to supply it with such details as the Commission considers necessary in relation to the work force which is likely to be engaged in connexion with the development or works. (2) Upon a consideration of the details supplied to it pursuant to subsection (1) the Commission may issue to the person, body or authority such guidelines in connexion with the provision of a training scheme, as to the Commission seems desirable, with a view to ensuring that there is a sufficient number of skilled tradesmen and other workers whose occupations require training available for the carrying out of the development or works.". 9. New s. 35A. The Principal Act is amended by inserting after section 35 the following section:- " 35A. Annual report. (1) The Commission shall as soon as practicable, but not more than 3 months after the end of each financial year, cause a report on its operations throughout the year to be prepared and furnished to the Minister. (2) The report shall include such statements of account and other financial and relevant information as may be prescribed, together with the certificate of the Auditor-General referred to in section 97 (6). I

68 Industry and Commerce Training Act Amendment Act 1982, No. 6 (3) The Minister shall lay the report of the Commission before the Legislative Assembly within 14 sitting days of its receipt by him.". 10. Amendment of s. 37. Composition . Section 37 of the Principal Act is amended by- (a) in paragraph (c) of subsection (1) omitting the words " prescribed persons, nominated as prescribed " and substituting the words " persons nominated by the Minister "; (b) in paragraphs (a) and (b) of subsection (3) omitting the words as prescribed " and substituting the words " by the Minister from a panel or panels of names submitted in the manner prescribed "; (c) in subsection (5) omitting paragraph (d) and substituting the following paragraph:- " (d) The Commission shall thereupon invite such bodies (including industrial unions) as in its opinion consist of suitable persons to submit to it in the prescribed manner a panel or panels of names of persons and the Minister shall appoint from that panel or those panels such additional members as he considers necessary."; (d) inserting after subsection (5) the following subsections:- (6) If at any time a panel of names referred to in subsection (3) is not submitted as required by that subsection then the Minister may nominate for membership of an industry and commerce advisory committee such person as he thinks fit and that person shall be deemed to represent the body which failed to submit the panel of names. (7) If at any time a panel of names referred to in paragraph (d) of subsection (5) is not submitted as required by that subsection then the Minister may appoint any person he thinks fit as a temporary member of the appropriate industry and commerce advisory committee and that person shall be deemed- (a) to represent the body which failed to submit the panel of names; and (b) to have been appointed pursuant to subsection (5). (8) The regulations may prescribe the number of names which are to be listed in a panel of names submitted pursuant to this section and different numbers may be prescribed in respect of different panels. (9) Where the regulations do not prescribe the number of names which are to be listed in a particular panel of names then that panel shall list such number of names as the Commission determines.". 11. Amendment of s. 44 . Deputies of certain members of committees. Section 44 of the Principal Act is amended by in subsection (1) omitting the word " commence " and substituting the word " commerce ". 12. Amendment of s. 52 . Composition of Committee . Section 52 of the Principal Act is amended by in subsection (4) omitting the words 11 ex efficio " and substituting the words " ex officio ".

Industry and Commerce Training Act Amendment Act 1982, No. 6 69 13. Amendment of s. 62 . Registration and employment of apprentices . Section 62 of the Principal Act is amended by- (a) omitting subsection (4) and substituting the following subsection:- " (4) (a) Upon receipt of the applications referred to in subsections (1) and (2) the secretary to the Commission shall record in the register of apprentices the name of and other prescribed particulars relating to the person applying for registration as an apprentice and the person applying for the allotment of that person as his apprentice. (b) The secretary to the Commission may record the names and other prescribed particulars referred to in paragraph (a) in the register of apprentices notwithstanding that one or both of the applications referred to in that paragraph were not made at a time before the person applying for registration as an apprentice commenced to be employed by the person applying for the allotment of that person as his apprentice and the same consequences shall result from that recording as would have resulted if the applications had been made pursuant to subsections (1) and (2)."; and (b) in subsection (5) inserting after the word " registered " the words " as an apprentice ". 14. Amendment of s. 70. Transfer of Apprentice . Section 70 of the Principal Act is amended by- (a) in subsection (3) inserting after the words " advisory committee the word " concerned "; and (b) in subsection (4)- (i) omitting paragraph (a) and substituting the following paragraph:- (a) An apprentice who has been transferred under this section shall be employed by the new employer on probation for a period which does not exceed one month and the services of that apprentice, while he is on probation, may be terminated in the same manner as the services of a probationer referred to in section 63 (2) may be terminated."; and (ii) in paragraph (b) omitting the words " a transfer in accordance with " and substituting the words " his services pursuant to ". 15. Repeal of and new s. 74. The Principal Act is amended by repealing section 74 and substituting the following section:- " 74. Attendance at classes and submission for examinations . (1) (a) The Minister, on the recommendation of the Commission made after consultation by it with the appropriate industry and commerce advisory committee, may direct by notification published in the Queensland Government Industrial Gazette that every apprentice in the calling or group of callings in question, as stipulated in the direction, shall undertake the course or courses of instruction by continuous attendance at a College of Technical and Further Education for the period stipulated in the direction for each year of the course or courses of instruction. (b) The Minister, on the recommendation of the Commission made after consultation by it with the appropriate industry and commerce advisory committee, may direct by notification published in the Queensland

70 Industry and Commerce Training Act Amendment Act 1982, No. 6 Government Industrial Gazette that any previous direction given by him under this section is revoked or that a period of continuous attendance for any year of a course of instruction is varied as stipulated in that direction. (c) Where an employer requests the Commission to do so the Commission, with the prior approval of the Minister, may permit an apprentice employed by that employer to undertake a course or courses of instruction which differ from those stipulated in a direction made under this subsection and, where the Commission does so permit, the apprentice concerned shall undertake the course or courses of instruction by continuous attendance at a College of Technical and Further Education for the period stipulated by the Commission for each year of the course or courses of instruction. (d) Where under paragraph (c) the Commission permits an apprentice to undertake a course or courses of instruction that course, or, as the case may be, those courses and the period stipulated by the Commission in respect of each year of the course or courses of instruction shall, for the purposes of this Act, be deemed to be stipulated in a direction of the Minister made under this subsection. (e) The Commission may, with the prior approval of the Minister, withdraw its permission given under paragraph (c) at any time and in that case the apprentice concerned shall comply with the terms of the direction given under this subsection that is applicable to him. (2) (a) Every apprentice in the calling or group of callings referred to in subsection (1) shall attend and his employer shall permit such apprentice to attend a College of Technical and Further Education for the purpose of undertaking the course or courses of instruction by continuous attendance for the period or periods directed by the Minister and, in respect of each attendance, the employer shall pay the apprentice wages at the rate which would have been payable to him if he had performed an ordinary day's work on each working day of the period in question: Provided that the employer shall not be required to pay his apprentice wages for more than the equivalent of the maximum time of attendance as directed by the Minister under subsection (1) or 105 working days, whichever is the lesser, during the period of apprenticeship. (b) In respect of any period during which an apprentice is absent on leave with pay from his employment, this subsection applies so as not to require the employer to make any further payment by way of wages to the apprentice. (c) An employer shall permit an apprentice employed by him to take his annual holidays at a time other than a time when the apprentice is required to attend a course or courses of instruction by continuous attendance at a College of Technical and Further Education pursuant to this subsection. (3) (a) The Commissioner shall notify in writing the employer, the guardian, if any, of the apprentice and the apprentice of the commencement date of any period of instruction which the apprentice is required to

Industry and Commerce Training Act Amendment Act 1982, No. 6 71 undertake by continuous attendance at a College of Technical and Further Education pursuant to subsection (2) not later than 42 days prior to such commencement date. (b) Any of them, the employer, the guardian, if any, of the apprentice and the apprentice who objects to the commencement date referred to in paragraph (a) may, by notice in writing given to the Commissioner not later than 28 days prior to the commencement date, object to the commencement date and set out his grounds for objection. (c) The Commissioner shall, as soon as practicable thereafter, consider the objection and reach a decision allowing or disallowing the objection and cause the person or persons affected by the decision to be notified in writing forthwith of such decision. (d) Where the objection is allowed, the Commissioner shall cause the persons referred to in paragraph (a) to be notified in accordance with the provisions of that paragraph of the substituted commencement date in relation to which the provisions for objection contained in this subsection shall likewise apply. (4) (a) Where no course of instruction is available by continuous instruction at a College of Technical and Further Education for any calling or group of callings, each apprentice in that calling or group of callings shall attend for a course or courses of instruction which relate to that calling or those callings a College of Technical and Further Education for one full working day in each week during the first and second years of the course or courses of instruction and for one full working day in each fortnight during the third year of the course or courses of instruction. (b) Where, in the opinion of the Commissioner, it is not practicable for an apprentice referred to in paragraph (a) to attend a College of Technical and Further Education as required by that paragraph, the Commissioner may require that apprentice to undertake a course of instruction by correspondence. (5) (a) The employer of any apprentice who is required to attend a College of Technical and Further Education pursuant to paragraph (a) of subsection (4) shall pay the apprentice, for each day of attendance, wages at the rate which would have been payable if the apprentice had performed an ordinary day's work. (b) The employer of any apprentice who is required to undertake a course of instruction by correspondence pursuant to paragraph (b) of subsection (4) shall, for the purpose of enabling the apprentice to undertake that course of instruction by correspondence, permit the apprentice to absent himself during working hours for 4 continuous hours in each week for the duration of the course and shall pay the apprentice, for those 4 hours, wages at the rate which would have been payable if the apprentice had performed ordinary work during those 4 hours. (c) Where an apprentice to which paragraph (b) applies fails to devote the whole of the 4 hours leave of absence referred to in that paragraph to undertaking the appropriate course of instruction, the Commissioner

72 Industry and Commerce Training Act Amendment Act 1982, No. 6 may order that the apprentice be not granted the 4 hours leave of absence during such period as the Commissioner sees fit to specify and where the Commissioner does so order the apprentice shall not be entitled to the 4 hours leave of absence during the period specified by the Commissioner. (d) Every apprentice who is required to undertake a course of instruction by correspondence shall attend, and his employer shall permit him to attend and during such attendance shall pay him wages at the rate payable to him for ordinary working time, practical classes for a period of 2 consecutive working weeks in each year of the course at the nearest College of Technical and Further Education which has the necessary facilities to train him and can provide that training. (6) (a) Every apprentice attending at a College of Technical and Further Education as required by this section, shall submit himself to such examinations as are specified by that College during such attendance. (b) Every apprentice undertaking a course of instruction by correspondence as required by this section, shall submit himself to such examinations as are specified by the Technical Correspondence School. (c) The employer of any apprentice who is required to submit himself to examinations pursuant to paragraph (b) shall permit the apprentice to absent himself from work during working hours to enable the apprentice to undertake the examinations and shall pay the apprentice, for such absence, wages at the rate which would have been payable if the apprentice had performed ordinary work during the period of the absence.". 16. Amendment of s. 75. Failure of apprentice to attend college, school or class or return papers. Misbehaviour at college or school . Section 75 of the Principal Act is amended by-. (a) omitting the note appearing in and at the commencement of the section and substituting the following note:- Offences relating to course of instruction undertaken by apprentice."; (b) in subsection (I)- (i) omitting the words " prescribed college, school " (where they twice occur) and substituting in each case the word " college "; and (ii) omitting the word " prescribed " in paragraph (c); and (c) in subsection (3)- (i) omitting the words " prescribed college, school " and substituting the word " college "; and (ii) omitting the word ", school " where it appears in paragraph (a) and paragraph (b). 17. Amendment of s. 76. Prevention by employer of attendance by apprentice at college, school or class. Section 76 of the Principal Act is amended by- (a) in the note appearing in and at the commencement of the section omitting the word ", school "; and (b) omitting the words " prescribed college, school " (where they twice occur) and substituting in each case the word " college ".

Industry and Commerce Training Act Amendment Act 1982, No. 6 73 18. Amendment of s. 77. Failure to pass examination . Section 77 of the Principal Act is amended by- (a) omitting the words " prescribed college or school " (where they twice occur) and substituting in each case the word " college "; and (b) omitting the words " and passed ". 19. Amendment of s. 91 . Apprentices ' allowances . Section 91 of the Principal Act is amended by omitting the words " the industrial union of employees for " and substituting the words " an industrial union interested in ". 20. Repeal of and new s. 92. The Principal Act is amended by repealing section 92 and substituting the following section:- " 92. Supply of tools of trade to apprentices . (1) The Industrial Commission may on the application of an industrial union interested in a calling make in respect of that calling an order requiring an employer- (a) to supply his apprentice with tools of trade; (b) to pay to his apprentice a sum of money for the purpose of enabling the apprentice to purchase tools of trade; or (c) to supply his apprentice with tools of trade and to pay to his apprentice a sum of money for the purpose of enabling the apprentice to purchase other tools of trade. (2) An order made pursuant to subsection (1) (a) or (c) may contain particulars of the tools to be supplied, and the manner in which, times at which and conditions subject to which the tools are to be supplied.". 21. Repeal of and new s. 93. The Principal Act is amended by repealing section 93 and substituting the following section:- " 93. Record to be maintained by employer . (1) Each employer shall establish and maintain as prescribed a record containing the prescribed particulars in relation to each apprentice, probationer, adult trainee, trainee technician and other trainee to whom this Act applies who is for the time being employed by him. (2) A record required to be maintained by an employer under subsection (1) shall be retained by him for a period of 5 years after the person to whom the record relates has ceased to be employed by him. (3) An employer shall produce any record maintained or retained by him pursuant to this section to a person authorised under this Act to inspect the same upon demand being made by that person.". 22. Repeal of and new s. 97. The Principal Act is amended by repealing section 97 and substituting the following section:- " 97. Account and audit . (1) Monies received by the Commission in payment of penalties imposed on apprentices, adult trainees, trainee technicians and other trainees to whom this Act applies shall be paid into a General Fund. A bank account in the name of the Commission, into which monies received shall be paid forthwith, shall be kept at such bank as the Minister determines.

74 Industry and Commerce Training Act Amendment Act 1982, No. 6 Monies from time to time forming the General Fund may, with the approval of the Minister, be expended and applied by the Commission towards the provision of awards and prizes in connexion with the examinations prescribed for apprentices, adult trainees, trainee technicians and other trainees to whom this Act applies and in payment of expenses incidental to that purpose. (2) The Commission may with the approval of the Minister invest moneys standing at credit in the account referred to in subsection (1) and not required for the time being for the purposes of this Act- (a) in securities of or guaranteed by the Government of the Commonwealth or of the State; (b) on deposit in any bank or banks; (c) in any other investment approved by the Treasurer. Every security or other document evidencing title issued in respect of an investment pursuant to this subsection shall be held by the Commission or on its behalf by its bank and, in the latter event, the Commission shall obtain from the bank and retain a safe custody acknowledgement in respect of every security or other document held by the bank. (3) The Commissioner shall cause the account referred to in subsection (1) to be balanced and a statement of receipts and disbursements in respect of that account to be truly prepared and laid before the Commission on or before 31 August in each year and that statement shall show the balance of that account as at the close of the preceding financial year. (4) The statement of account referred to in subsection (3) shall be signed as correct by the Commissioner. (5) The account referred to in subsection ( 1) shall be audited by the Auditor-General or an authorized officer within the meaning of the Financial Administration and AuditAct1977- 1978 directed by the Auditor- General who shall have with respect to such audit and account all the powers and authorities conferred on him by that Act as if the Commission was a Department of the Government of the State. (6) The Auditor-General shall certify whether the statement of account prepared on behalf of the Commission- (a) is, where applicable, prepared in the form required by this Act; (b) is in agreement with the account; and (c) in his opinion, fairly sets out the financial transactions for the period to which it relates and shows a true and fair view of the state of affairs at the close of that period on a basis consistent with that applied in respect of the financial year last preceding.

Industry and Commerce Training Act Amendment Act 1982, No. 6 75 (7) The Auditor-General shall, at least once in each year, report to the Minister the results of each audit carried out pursuant to this section and shall, if he thinks fit, include with the report recommendations to the Minister with respect to the financial statement and the manner of operating and maintaining the account in question. A copy of the report and the recommendations, if any, shall be furnished to the Commissioner. The Minister and the Commissioner shall give due consideration to the report and the recommendations, if any, of the Auditor-General made pursuant to this subsection. (8) The Auditor-General shall include in his annual report to Parliament such matters with respect to the financial transactions of the Commission as he thinks fit: Provided that, if in the opinion of the Auditor-General the circumstances so warrant, he may make an additional or special report to Parliament at any time. (9) The report of the Auditor-General together with the account certified as aforesaid by him shall be submitted to the members of the Commission at the first ordinary meeting held after the report becomes available to the Commissioner.". 23. Amendment of s. 103. Other trainees . Section 103 of the Principal Act is amended by inserting after subsection (1) the following subsection:- 11 (IA) (a) The Minister may, on the recommendation of the Commission made after consultation with the industry and commerce advisory committee concerned (if any), require that the training or retraining be undertaken in accordance with a training agreement. (b) Any training agreement under this subsection shall be in the prescribed form and contain the prescribed particulars and shall be executed by the employer, trainee and the Commissioner before the trainee commences the training or retraining to which the agreement relates. (c) One copy of the agreement shall be returned to the employer, one to the trainee and one shall be retained by the secretary to the Commission. (d) The registrar shall establish and maintain as prescribed, a register of trainees. (e) The register shall contain such particulars with respect to trainees as are prescribed. (f) The Commission shall, upon the successful completion of a course of instruction by a trainee, issue to him a certificate in the prescribed form. (g) The Commission, for reasons given in writing to the trainee and the employer, may at any time cancel a training agreement.

76 Industry and Commerce Training Act Amendment Act 1982, No. 6 (h) The provisions of this Act other than this section so far as they are not inconsistent with this section shall with all necessary adaptations apply and extend to trainees referred to in this subsection and their employers.". 24. New s. 103A. The Principal Act is amended by inserting after section 103 the following section-- " 103A. Commission may issue certificate in respect of recognized work or training . (1) A person may apply to the Commission to have any work and training or any work or training previously performed or undertaken by him recognized by the Commission. (2) A person referred to in subsection (1) shall supply to the Commission full details of the- (a) type of work performed, the period during which that work was performed and the name and address of the person by whom he was employed, if any, at the time he performed that work; (b) type of training undertaken, the period during which that training was undertaken and the name and address of the person or institution responsible for that training. (3) The Commission shall cause investigations to be carried out in relation to the work and training or work or training performed or undertaken by the applicant and if, as a result of those investigations, the Commission is of the opinion that the applicant has the necessary experience and expertise in relation to an occupation to which this Act applies the Commission may recognize the work and training or the work or training performed or undertaken by the applicant and issue to him any certificate or other document which it is competent to issue under this Act in relation to that occupation. (4) In this section- " occupation " includes any calling.". 25. Amendment of s. 114 . Recovery of wages and other money due to apprentice or trainee . Section 114 of the Principal Act is amended by- (a) omitting the words " apprentice, trainee technician or adult trainee " (wherever occurring) and substituting in each case the expression " apprentice, person under the age of 21 years referred to in section 106 (3), trainee technician, adult trainee or other trainee to whom this Act applies "; (b) omitting provision (b) of subsection (1) and substituting the following provision:- (b) where a person referred to in provision (a) is an infant-his guardian;"; and

Industry and Commerce Training Act Amendment Act 1982, No. 6 77 (c) in subsection (2) omitting the words " apprentice or trainee technician " and substituting the expression " apprentice, person under the age of 21 years referred to in section 106 (3), trainee technician, adult trainee or other trainee to whom this Act applies ". 26. Amendment of s. 115. Payment to industrial inspector or commission inspector of money due to apprentice or trainee . Section 115 of the Principal Act is amended by inserting after the word " apprentice, " (where it twice occurs) the expression " person under the age of 21 years referred to in section 106 (3),". 27. Amendment of s. 116. Payment of money to clerk of the court. Section 116 of the Principal Act is amended by inserting after the word " apprentice," (where three times occurring) the expression " person under the age of 21 years referred to in section 106 (3),". 28. Amendment of s. 125. Evidentiary provisions . Section 125 of the Principal Act is amended by in subsection (1) inserting after paragraph (a) the following paragraph:- "(aa) a direction given by the Minister pursuant to section 74 shall, upon notification published in the Queensland Government Industrial Gazette, be judicially noticed;". 29. Amendment of s. 128. Regulations . Section 128 of the Principal Act is amended by in paragraph (v) of subsection (1) omitting all the words following the words " the variation of that number " and substituting the words " by an industry and commerce advisory committee in relation to a particular employer in respect of a particular application to employ an apprentice ". 30. Repeal of Second Schedule. The Principal Act is amended by repealing the Second Schedule. 31. Validation . Where, prior to the commencement of section 1 of this Act, the secretary to the Industry and Commerce Training Commission, in purported compliance with the provisions of subsection (4) of section 62 of the Principal Act, recorded in the register of apprentices the name and other prescribed particulars with respect to the person referred to in that subsection then, notwithstanding that the application referred to in that subsection was not made by the person before he commenced employment with his employer, those particulars shall be deemed to be and at all times to have been properly recorded in the register and the same consequences shall be deemed to result and at all times to have resulted from the recording of the particulars as would have resulted if the particulars had been recorded by the secretary upon receipt of an application made in accordance with the provisions of subsection (1) of that section.

78 Industry and Commerce Training Act Amendment Act 1982, No. 6 32. Saving of appointments . All persons who are members or temporary members of an industry and commerce advisory committee at the commencement of section 1 of this Act shall, without further or other appointment or authority than this section but subject to the Principal Act as amended by this Act, continue to hold office as members or temporary members in terms of their appointments.