EXPLANATORY STATEMENT
Student Identifiers (Exemptions) Amendment Instrument 2015 (No.1)
Summary
The Student Identifiers (Exemptions) Amendment Instrument 2015 (No.1) (the Amendment Instrument) is made by the Assistant Minister for Education and Training under subsection 53(3) of the Student Identifiers Act 2014 (the Act).
The purpose of the Amendment Instrument is to address the concerns of the Senate Standing Committee of Regulations and Ordinances as expressed in Delegated Legislation Monitor No.1 of 2015 with respect of a minor typographical error appearing in paragraph 6(1)(b) of the Student Identifiers (Exemptions) Instrument 2014 (F2014L01754) (the Principal Instrument).
Background
The Student Identifiers Act 2014 (the Act) and the Student Identifiers Regulation 2014 (the Regulation) provide for the introduction of a student identifier for individuals undertaking nationally recognised vocational education and training (VET) from 1 January 2015. The Act and Regulation set out how the student identifier will be assigned, collected, used and disclosed and provides for the creation of an authenticated transcript of an individual’s record of nationally recognised training undertaken or completed after 1 January 2015.
- Sub-section 4(1) of the Act defines ‘Commonwealth Minister’ as the Minister administering the Act.
- Sub-section 53(1) of the Act specifies that a registered training organisation must not issue a VET qualification or a VET statement of attainment to an individual unless the individual has been assigned a student identifier. Sub-section 53(2) of the Act specifies that sub-section 53(1) does not apply to an issue specified under sub-section 53(3).
- On 16 December 2014, the Commonwealth Minister made the Principal Instrument pursuant to sub-section 53(3) of the Act. This instrument contained a typographical error which the Amendment Instrument will fix.
Authority
Sub-section 53(3) of the Act provides that the Commonwealth Minister may, by legislative instrument, specify an issue to which sub-section 53(1) does not apply.
Under sub-section 33(3) of the Acts Interpretation Act 1901, the power of the Commonwealth Minister to make a legislative instrument includes the power to repeal, rescind, revoke, amend or vary any such instrument.
Explanation of provisions
Section 1
Section 1 sets out the name of the instrument which is the Student Identifiers (Exemptions) Amendment Instrument 2015 (No.1).
Section 2
Section 2 is the commencement provision which provides that the instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3
Section 3 provides that the authority for the Amendment Instrument to be made comes from subsection 53(3) of the Act.
Section 4
Section 4 provides that the Amendment Instrument amends the Principal Instrument as set out in Schedule 1.
SCHEDULE 1
Item 1
Item 1 of Schedule 1 provides for the word “issue” to be inserted after the word “can” in paragraph 6(1)(b) of the Principal Instrument. This will amend a typographical error so that the relevant phrase reads that “...the registered training organisation can issue a VET qualification…”.