Occupational Licensing National Law Repeal Act 2016 (Vic)

Version No. 001

Occupational Licensing National Law Repeal Act 2016

No. 25 of 2016

Version as at

11 May 2016

TABLE OF PROVISIONS

Section  Page

1Purpose

2Commencement

3Definitions

4Repeal of Occupational Licensing National Law Act 2010

5Dissolution of National Licensing Authority, Licensing Board and Advisory Committees

6Abolition of National Occupational Licensing Authority Fund

7Final Licensing Authority financial statements

8Transfer of certain records to NSW Treasury

9Regulations

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Occupational Licensing National Law Repeal Act 2016

No. 25 of 2016

Version as at

11 May 2016

The Parliament of Victoria enacts:

1Purpose

The purpose of this Bill is to repeal the Occupational Licensing National Law Act 2010.

2Commencement

This Act comes into operation on a day to be proclaimed.

3Definitions

In this Act—

dissolution date means the date on which the Occupational Licensing National Law Act 2010 is repealed;

Licensing Advisory Committee means an Occupational Licence Advisory Committee established under section 132 of the Occupational Licensing National Law (Victoria);

Licensing Authority means the National Occupational Licensing Authority established by section 97 of the Occupational Licensing National Law (Victoria);

Licensing Board means the National Occupational Licensing Board established by section 103 of the Occupational Licensing National Law (Victoria);

Occupational Licensing National Law (Victoria) means the provisions applying in this jurisdiction, before the dissolution date, because of section 4 of the Occupational Licensing National Law Act 2010.

4Repeal of Occupational Licensing National Law Act 2010

The Occupational Licensing National Law Act 2010 is repealed.

5Dissolution of National Licensing Authority, Licensing Board and Advisory Committees

(1)On the dissolution date, each of the following is dissolved in so far as it is constituted by the Occupational Licensing National Law (Victoria)—

(a)the Licensing Authority;

(b)the Licensing Board;

(c)a Licensing Advisory Committee.

(2)The persons who were members of the Licensing Board or Licensing Advisory Committee immediately before its dissolution cease to be members and are not entitled to any remuneration or compensation because of the loss of that office.

(3)Any assets, rights or liabilities of the Licensing Authority, the Licensing Board or a Licensing Advisory Committee become, on its dissolution, the assets, rights and liabilities of the Crown in right of Victoria, New South Wales, Queensland, South Australia, Tasmania and Northern Territory.

(4)Any act, matter or thing that is authorised or required to be done in relation to those assets, rights or liabilities by the Licensing Authority, the Licensing Board or a Licensing Advisory Committee is authorised or required to be done by the Secretary of the NSW Treasury.

(5)In this section—

assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or in personal property of any description (including money), and includes securities, choses in action and documents;

liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable);

rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).

6Abolition of National Occupational Licensing Authority Fund

(1)On the dissolution date, the National Occupational Licensing Authority Fund established under section 142 of the Occupational Licensing National Law (Victoria) is abolished.

(2)Any money or property standing to the credit of the Fund immediately before its abolition are assets of the Licensing Authority to which section 5 applies.

7Final Licensing Authority financial statements

(1)The Secretary of the NSW Treasury is to make arrangements for the preparation, auditing and publication of financial statements of the Licensing Authority in accordance with Australian Accounting Standards for the period before its dissolution for which financial statements have not been prepared, audited and published.

(2)The Secretary may, for that purpose, require any persons who were members of the Licensing Board before its dissolution to exercise any functions with respect to those financial statements that they would have been required to exercise if the Licensing Authority and Licensing Board had not been dissolved.

8Transfer of certain records to NSW Treasury

(1)The records of an entity dissolved by this Act are transferred by the operation of this section to the custody of the NSW Treasury.

(2)The State Records Act 1998 of New South Wales and other laws of New South Wales apply to those records, and so apply as if they were records of NSW Treasury.

(3)In this section, records has the same meaning as it has in the State Records Act 1998 of New South Wales.

9Regulations

(1)The Governor in Council may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)Without limiting subsection (1), the regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(3)Any such provision may, if the regulations so provide, take effect from the date on which this Act receives the Royal Assent or a later date.

(4)To the extent to which any provision of the regulations takes effect from a date that is earlier than the date of its making, the provision does not operate so as—

(a)to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or

(b)to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 25 November 2015

Legislative Council: 10 March 2016

The long title for the Bill for this Act was "A Bill for an Act to repeal the Occupational Licensing National Law Act 2010 and for other purposes."

The Occupational Licensing National Law Repeal Act 2016 was assented to on 10 May 2016 and came into operation on 11 May 2016: Special Gazette (No. 139) 10 May 2016 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•    Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•    Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•    Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•    Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•    Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•    Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Occupational Licensing National Law Repeal Act 2016 by Acts and subordinate instruments.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

No entries at date of publication.