Vocational Education and Training Funding Act 1992

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[Note: This Act was repealed by Act No. 107 of 2005 on 24 August 2005]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

Part 1—Preliminary

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

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

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

8 Interpretation.................................

9 General funds for allocation by the Authority..............

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

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

9B Minister may vary determinations.....................

11 Authority to borrow.............................

12 Application of amounts borrowed.....................

14 Appropriation................................

Notes

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 1—Preliminary

1  Short title [see Note 1]

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

2  Commencement [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the commencement of Part 3 is not fixed by a Proclamation published in the Gazette before 31 December 1993, Part 3 is repealed on that day.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 2—Amendments of the States Grants (TAFE Assistance) Act 1989

Sections 3‑7 

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

8  Interpretation

  In this Part:

Authority means the Australian National Training Authority.

State includes the Australian Capital Territory and the Northern Territory.

9  General 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.

9A  Additional 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.

9AB  Additional 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.

9B  Minister 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.

11  Authority 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.

12  Application 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

14  Appropriation

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

Notes to the Vocational 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

(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

Table A

Application, saving or transitional provisions

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

4  Saving 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.