Vocational Education and Training Funding Act 1992 (Cth)

Vocational Education and Training Funding Act 1992

Act No. 152 of 1992 as amended

[Note: This Act was repealed by Act No. 107 of 2005 on 24 August 2005]

This compilation was prepared on 1 March 2005

taking into account amendments up to Act No. 8 of 2005

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

      

Contents

An Act to amend the States Grants (TAFE Assistance) Act 1989, to make provision for the funding of vocational education and training after 1993, and for related purposes

Part 1Preliminary  1Short title [see Note 1]

 This Act may be cited as the Vocational Education and Training Funding Act 1992.

2Commencement [see Note 1]

• (1)

  This Act, except for Part 3, commences on the day on which it receives the Royal Assent.

• (2)

  Subject to subsection (3), Part 3 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Australian National Training Authority Act 1992 commences and not later than 31 December 1993.

• (3)

  If the commencement of Part 3 is not fixed by a Proclamation published in the Gazette before 31 December 1993, Part 3 is repealed on that day.

Part 2Amendments of the States Grants (TAFE Assistance) Act 1989  

Sections 3‑7 

Note:

The amendments made by this Part are incorporated in the compilation on ScalePlus and ComLaw.

States Grants (TAFE Assistance) Act 1989

[repealed by Act No. 118, 1999, Sch. 1]

For access to the wording of the amendments made by this Part, see Act No. 152, 1992.

Part 3Funding of vocational education and training through Australian National Training Authority  8Interpretation

 In this Part:

Authority means the Australian National Training Authority.

State includes the Australian Capital Territory and the Northern Territory.

9General funds for allocation by the Authority

There is payable to the Authority, for allocation under the Australian National Training Authority Act 1992 in respect of each calendar year specified in the table below, an amount determined by the Minister for that year. This amount must not exceed the limit for that year specified in the table.

Calendar Year		Limit for year
1994		$673,612,000
1995		$765,180,000
1996		$858,057,000
1997		$887,717,000
1998			$904,144,000
1999			$918,352,000
2000			$931,415,000
2001			$952,745,000
2002			$978,781,000
2003			$1,014,427,000
2004			$1,031,040,000
2005			$1,054,131,000

9AAdditional funds for allocation by the Authority if numbers trained in States under certain schemes increases

• (1)

  If:

  • (a)

    the Minister is satisfied that there has been an increase in the number of people receiving eligible off‑the‑job training in a State; and

  • (b)

    subject to subsection (3), the Minister determines that, because of that increase, a specified amount is to be paid to the Authority in respect of the State and a calendar year specified in the table at the end of this section;

the amount determined is payable to the Authority for allocation under the Australian National Training Authority Act 1992 in respect of the calendar year.

• (2)

  For the purposes of subsection (1):

eligible off‑the‑job training means off‑the‑job training under the Australian Traineeship System, under Career Start Traineeships or under National Training Wage Traineeships, that the Minister considers should be taken into account for the purposes of this section.

• (3)

  The total of the amounts that the Minister determines in respect of a calendar year must not exceed the limit for that year specified in the table.

• (4)

  The reference in paragraph 14(4)(b) of the Australian National Training Authority Act 1992 to VET funding paid does not include a reference to amounts paid under this section.

Calendar Year	Limit for year
1995	$12,758,000
1996	$22,680,000
1997	$21,546,000

9ABAdditional funds for allocation by the Authority if State complies with ANTA agreement

• (1)

  If:

  • (a)

    an agreement described as an ANTA agreement is in force between the Commonwealth and a State; and

  • (b)

    the Minister determines that the State complies with the agreement; and

  • (c)

    the Minister determines that, because the State has complied with the agreement, a specified amount is to be paid to the Authority in respect of the State and a calendar year specified in the table at the end of this section;

the amount determined is payable to the Authority, for allocation to the State under the Australian National Training Authority Act 1992 in respect of the calendar year.

• (2)

  In making determinations under subsection (1), the total of the amounts that the Minister determines in respect of a calendar year must not exceed the limit for that year specified in the following table.

Year Limits
Item	Calendar Year	Limit for year
1	2001	$50,000,000
2	2002	$76,725,000
3	2003	$104,025,000
4	2004	$100,000,000
5	2005	$100,000,000

9BMinister may vary determinations

 The power of the Minister to make a determination under section 9, 9A or 9AB includes the power to vary a determination previously made under that section, whether the previous determination was made before, or is made after, the commencement of this section.

11Authority to borrow

 The Treasurer may, under the Commonwealth Inscribed Stock Act 1911 or an Act authorising the issue of Treasury Bills, borrow amounts that, in total, do not exceed the amounts payable to the Authority under this Act.

12Application of amounts borrowed

 Amounts borrowed under section 11 may be issued and applied only for:

• (a)

  the expenses of borrowing; or

• (b)

  making payments to the Authority under this Act; or

14Appropriation

 The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.

Notes to theVocational Education and Training Funding Act 1992

Note 1

The Vocational Education and Training Funding Act 1992 as shown in this compilation comprises Act No. 152, 1992 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 22 February 2005 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Vocational Education and Training Funding Act 1992	152, 1992	11 Dec 1992	Part 3 (ss. 8–14): 31 Dec 1993 (see Gazette 1993, No. GN50) Remainder: Royal Assent
Vocational Education and Training Funding Laws Amendment Act 1993	119, 1993	24 Dec 1993	Ss. 3–5, 11 and Schedule 2: 31 Dec 1993 (see s. 2(2) and Gazette 1993, No. GN50) Remainder: Royal Assent	—
Vocational Education and Training Funding Amendment Act 1994	132, 1994	21 Oct 1994	21 Oct 1994	S. 4(2)
Vocational Education and Training Funding Amendment Act 1995	129, 1995	14 Nov 1995	14 Nov 1995	—
Vocational Education and Training Funding Laws Amendment Act 1996	73, 1996	5 Dec 1996	5 Dec 1996	—
Vocational Education and Training Funding Amendment Act 1997	156, 1997	24 Oct 1997	24 Oct 1997	—
Australian National Training Authority Amendment Act 1999	135, 1999	21 Oct 1999	Schedule 2: Royal Assent (a)	—
Vocational Education and Training Funding Amendment Act 1999	136, 1999	21 Oct 1999	21 Oct 1999	—
Vocational Education and Training Funding Amendment Act 2000	136, 2000	24 Nov 2000	24 Nov 2000	—
Vocational Education and Training Funding Amendment Act 2001	88, 2001	18 July 2001	18 July 2001	—
Vocational Education and Training Funding Amendment Act 2002	102, 2002	10 Nov 2002	10 Nov 2002	—
Australian National Training Authority Amendment Act 2003	98, 2003	14 Oct 2003	Schedule 2: 1 Jan 2004	—
Vocational Education and Training Funding Amendment Act 2003	100, 2003	14 Oct 2003	14 Oct 2003	—
Vocational Education and Training Funding Amendment Act 2004	136, 2004	13 Dec 2004	13 Dec 2004	—
Financial Framework Legislation Amendment Act 2005	8, 2005	22 Feb 2005	S. 4 and Schedule 1 (items 56, 57, 494, 496): Royal Assent	S. 4 and Sch. 1 (item 496) [see Table A]

(a) The Vocational Education and Training Funding Act 1992 was amended by Schedule 2 only of the Australian National Training Authority Amendment Act 1999, subsection 2(1) of which provides as follows:

• (1)

  Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 3
S. 8 .......................................	am. No. 119, 1993; No. 132, 1994
S. 9 .......................................	am. No. 119, 1993
rs. No. 132, 1994
am. No. 129, 1995 ; No. 73, 1996; No. 156, 1997; Nos 135 and 136, 1999; No. 136, 2000; No. 88, 2001; No. 102, 2002; No. 100, 2003; No. 136, 2004
S. 9A ....................................	ad. No. 132, 1994
am. No. 129, 1995; No. 73, 1996; No. 156, 1997; No. 135, 1999
S. 9AB ..................................	ad. No. 88, 2001
am. No. 102, 2002; Nos. 98 and 100, 2003; No. 136, 2004
S. 9B ....................................	ad. No. 129, 1995
am. No. 88, 2001
S. 10......................................	am. No. 132, 1994
rep. No. 8, 2005
S. 11......................................	am. No. 132, 1994
S. 12......................................	am. No. 132, 1994; No. 8, 2005
S. 13......................................	am. No. 132, 1994
rep. No. 8, 2005
S. 14......................................	am. No. 8, 2005

Table A

Application, saving or transitional provisions

Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)

4Saving of matters in Part 2 of Schedule 1

• (1)

  If:

  • (a)

    a decision or action is taken or another thing is made, given or done; and

  • (b)

    the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;

then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.

• (2)

  In this section:

Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.

Schedule 1

• 496

  Saving provision—Finance Minister’s determinations

If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.