EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 217

 

Issued by the authority of the Minister for Vocational and Technical Education

 

Skilling Australia's Workforce (Repeal and Transitional Provisions) Act 2005

 

Skilling Australia's Workforce (Repeal and Transitional Provisions) Regulations 2005

 

Background

The Skilling Australia's Workforce (Repeal and Transitional Provisions) Act 2005 (the Act) repeals the Australian National Training Authority Act 1992, which established the Australian National Training Authority (ANTA) and the Vocational Education and Training Funding Act 1992.   The Act also deals with transitional matters arising from the repeal of those Acts.

 

Authority

Subitem 15(1) of Schedule 1 to the Act provides that the Governor‑General may make regulations prescribing matters required or permitted by Schedule 1 to the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to Schedule 1.  Subitem 15(2) of Schedule 1 provides that in particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by the Act or the enactment of the Act.

 

Purpose and operation

The purpose of the Regulations is to specify the final reporting arrangements in respect of ANTA.

 

The Commonwealth Authorities and Companies Act 1997 (the CAC Act) sets out the reporting obligations for Commonwealth Authorities.  In particular, section 9 of the CAC Act provides that the directors of a Commonwealth Authority must prepare an annual report in accordance with the CAC Act.  Item 10 of Schedule 1 to the Act provides that the Minister must prepare the report referred to in section 9 of the CAC Act in relation to ANTA for the financial year ending on 30 June 2005.  Similarly, subitem 11(2) of Schedule 1 provides that the annual national report for 2005 (prepared under section 44 of the Skilling Australia's Workforce Act 2005) must include the information for the 6 month period ending on 30 June 2005 that ANTA would have been required to include in the draft annual national report under section 18 of the Australian National Training Authority Act 1992.

 

The Act commenced on 24 August 2005, although it was originally envisaged that it would commence on or before 1 July 2005.  For this reason, the Act does not deal with ANTA's obligations to provide a report for the period from 1 July 2005 to 24 August 2005. 

 

The Regulations require the Minister to prepare the report referred to in section 9 of the CAC Act in relation to ANTA for the financial year beginning on 1 July 2005.  The Regulations also require the draft annual national report for 2005 prepared by the Minister under section 44 of the Skilling Australia's Workforce Act 2005 to include information for the period 1 July to 24 August 2005.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Commencement

The Regulations commenced the day after registration on the Federal Register of Legislative Instruments.

 

Consultation

Consultation was not undertaken prior to making the regulations as it was not considered necessary.  The regulations do not substantially alter existing arrangements.

 

Details of the regulations

 

Regulation 1 -- Name of Regulations

 

This regulation provides that the title of the Regulations is the Skilling Australia's Workforce (Repeal and Transitional Provisions) Regulations 2005.

 

Regulation 2 -- Commencement

 

This regulation provides for the Regulations to commence the day after registration on the Federal Register of Legislative Instruments.

 

Regulation 3 -- Final financial report

 

Subregulation 3(1) provides that the Minister must prepare the report referred to in section 9 of the Commonwealth Authorities and Companies Act 1997 (the CAC Act) in relation to the Australian National Training Authority (ANTA) for the financial year beginning on 1 July 2005.

 

Subregulation 3(2) provides that the obligation under section 9 of the CAC Act imposed on ANTA to prepare an annual report for the financial year beginning on 1 July 2005 is satisfied if the report is prepared by the Minister.

 

Regulation 4 -- Final annual national report

 

This regulation provides that the draft annual national report for 2005 prepared by the Minister under section 44 of the Skilling Australia's Workforce Act 2005 must include the information for the period beginning on 1 July 2005 and ending on the commencement of sections 3 to 47 of that Act that ANTA would have been required to include in the draft national report under section 18 of the Australian National Training Authority Act 1992. 

 

A note at the end of this regulation explains that under subitem 11(2) of Schedule 1 to the Skilling Australia's Workforce (Repeal and Transitional Provisions) Act 2005. the annual national report for 2005 (prepared under section 44 of the Skilling Australia's Workforce Act 2005) must include the information for the 6 month period ending on 30 June 2005 that ANTA would have been required to include in the draft annual national report under section 18 of the Australian National Training Authority Act 1992.