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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales Occupational Licensing National Law Repeal Bill 2015 Explanatory note This explanatory note relates to this Bill as introduced into Parliament. This Bill is cognate with the Regulatory Reform and Other Legislative Repeals Bill 2015. Overview of Bill The object of this Bill is to terminate the involvement of NSW in a scheme to replace State and Territory based licensing arrangements with a national occupational licensing scheme (NOLS), initially for air-conditioning and refrigeration, electrical, plumbing, gasfitting and property-related occupations. The Bill: (a) repeals the Occupational Licensing (Adoption of National Law) Act 2010, and (b) dissolves the national entities that have been established under the Occupational Licensing National Law, and (c) enacts savings and transitional arrangements consequent on that dissolution. This Bill gives effect in NSW to the decision of the Council of Australian Governments to terminate the national occupational licensing reform in favour of jurisdictions minimising licensing impediments to labour mobility. For that purpose, the Mutual Recognition (Automatic
icensed Occupations Recognition) Act 2014 has been enacted in NSW to provide for the automatic mutual recognition of certain occupational licences issued in other jurisdictions so that an individual who holds a recognised licence from another jurisdiction is taken to hold the equivalent NSW licence. Outline of provisions Clause 1 sets out the name (also called the short title) of the proposed Act. b2014-001.d06 Occupational Licensing National Law Repeal Bill 2015 [NSW] Explanatory note Clause 2 provides that the proposed Act commences, or is taken to have commenced, on the date on which the Occupational Licensing National Law Act 2010 of Victoria (the Victorian Act) is repealed. Clause 3 defines certain words and expressions used in the proposed Act. Clause 4 repeals the Occupational Licensing (Adoption of National Law) Act 2010 of New South Wales (the NSW Act) that applies the text of the Occupational Licensing National Law set out in the Victorian Act as a law of New South Wales. Clause 5 dissolves the following entities established under the Occupational Licensing National
aw in so far as they are constituted by the NSW Act: (a) the National Occupational Licensing Authority, (b) the National Occupational Licensing Board, (c) each Occupational Licence Advisory Committee. Each of those entities was separately established by the Victorian Act, the NSW Act and the adoption Acts of the other participating States and Territories. However, the relevant Parliaments adopting the Occupational Licensing National Law declared their intention that the Law has the effect of establishing a single national entity. Clause 5 also provides that: (a) the members of the Licensing Board or a Licence Advisory Committee cease to be members and are not entitled to any remuneration or compensation as a result, and (b) any remaining assets, rights or liabilities (if any) of the dissolved entities become, on their dissolution, the assets, rights and liabilities of the Crown in right of the participating States and Territories, and (c) any act, matter or thing that is authorised or required to be done in relation to those assets, rights or liabilities by the dissolved entities is authorised or required to be done by the Secretary of the NSW Treasury. Clause 6 abolishes the National Occupational Licensing Authority Fund established under the Occupational Licensing National Law and provides that any money or property standing to the credit of the Fund immediately before its abolition are assets to be dealt with under clause 5. Clause 7 makes provision for any final financial statements of the National Occupational
icensing Authority for the period before its dissolution that have not been prepared, audited and published to be prepared, audited and published after its dissolution by the Secretary of the NSW Treasury. Clause 8 transfers to the custody of the NSW Treasury the records of the entities dissolved by the proposed Act and provides that the State Records Act 1998 of New South Wales and other laws of New South Wales apply to those records as if they were the records of NSW Treasury. Clause 9 provides for the making of regulations, including regulations that contain provisions of a savings or transitional nature consequent on the enactment of the proposed Act. Clause 10 omits a provision of the Civil and Administrative Tribunal Act 2013 that allocates the functions of the Civil and Administrative Tribunal of New South Wales in relation to the Occupational Licensing National Law. Clause 11 omits a provision of the Criminal Procedure Regulation 2010 that requires the relevant Department to pay court fees in relation to offences against the Occupational Licensing National
aw. Page 2 First print New South Wales Occupational Licensing National Law Repeal Bill 2015 Contents Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Repeal of National Law Act of this jurisdiction 2 5 Dissolution of National Licensing Authority, Licensing Board and Advisory Committees 2 6 Abolition of National Occupational Licensing Authority Fund 3 7 Final Licensing Authority financial statements 3 8 Transfer of certain records to NSW Treasury 3 9 Regulations 3 10 Consequential amendment of Civil and Administrative Tribunal Act 2013 No 2 4 11 Consequential amendment of Criminal Procedure Regulation 2010 4 b2014-001.d06 New South Wales Occupational Licensing National Law Repeal Bill 2015 No , 2015 A Bill for An Act to repeal the Occupational Licensing (Adoption of National Law) Act 2010; and to enact savings and transitional provisions consequent on that repeal. Occupational Licensing National Law Repeal Bill 2015 [NSW] The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Occupational Licensing National Law Repeal Act 2015. 3 2 Commencement 4 This Act commences, or is taken to have commenced, on the date on which the 5 Occupational Licensing National Law Act 2010 of Victoria is repealed. 6 3 Definitions 7 In this Act: 8 dissolution date means the date on which the Occupational Licensing National Law 9 Act 2010 of Victoria is repealed. 10 Licensing Advisory Committee means an Occupational Licence Advisory 11 Committee established under section 132 of the Occupational Licensing National 12 Law (NSW). 13 Licensing Authority means the National Occupational Licensing Authority 14 established by section 97 of the Occupational Licensing National Law (NSW). 15 Licensing Board means the National Occupational Licensing Board established by 16 section 103 of the Occupational Licensing National Law (NSW). 17 Occupational Licensing National Law (NSW) means the provisions applying as a 18 law of this jurisdiction, before the dissolution date, because of section 4 of the 19 Occupational Licensing (Adoption of National Law) Act 2010 of New South Wales. 20 4 Repeal of National Law Act of this jurisdiction 21 The Occupational Licensing (Adoption of National Law) Act 2010 of New South 22 Wales is repealed. 23 5 Dissolution of National Licensing Authority, Licensing Board and Advisory 24 Committees 25 (1) On the dissolution date, each of the following is dissolved in so far as it is constituted 26 by the Occupational Licensing National Law (NSW): 27 (a) the Licensing Authority, 28 (b) the Licensing Board, 29 (c) a Licensing Advisory Committee. 30 (2) The persons who were members of the Licensing Board or a Licensing Advisory 31 Committee immediately before its dissolution cease to be members and are not 32 entitled to any remuneration or compensation because of the loss of that office. 33 (3) Any assets, rights or liabilities of the Licensing Authority, the Licensing Board or a 34 Licensing Advisory Committee become, on its dissolution, the assets, rights and 35 liabilities of the Crown in right of Victoria, New South Wales, Queensland, South 36 Australia, Tasmania and Northern Territory. 37 (4) Any act, matter or thing that is authorised or required to be done in relation to those 38 assets, rights or liabilities by the Licensing Authority, the Licensing Board or a 39 Licensing Advisory Committee is authorised or required to be done by the Secretary 40 of the NSW Treasury. 41 (5) In this section: 42 assets means any legal or equitable estate or interest (whether present or future, 43 whether vested or contingent and whether personal or assignable) in real or personal 44 Page 2 Occupational Licensing National Law Repeal Bill 2015 [NSW] property of any description (including money), and includes securities, choses in 1 action and documents. 2 liabilities means any liabilities, debts or obligations (whether present or future, 3 whether vested or contingent and whether personal or assignable). 4 rights means any rights, powers, privileges or immunities (whether present or future, 5 whether vested or contingent and whether personal or assignable). 6 6 Abolition of National Occupational Licensing Authority Fund 7 (1) On the dissolution date, the National Occupational Licensing Authority Fund 8 established under section 142 of the Occupational Licensing National Law (NSW) is 9 abolished. 10 (2) Any money or property standing to the credit of the Fund immediately before its 11 abolition are assets of the Licensing Authority to which section 5 applies. 12 7 Final Licensing Authority financial statements 13 (1) The Secretary of the NSW Treasury is to make arrangements for the preparation, 14 auditing and publication of financial statements of the Licensing Authority in 15 accordance with Australian Accounting Standards for the period before its 16 dissolution for which financial statements have not been prepared, audited and 17 published. 18 (2) The Secretary may, for that purpose, require any persons who were members of the 19 Licensing Board before its dissolution to exercise any functions with respect to those 20 financial statements that they would have been required to exercise if the Licensing 21 Authority and Licensing Board had not been dissolved. 22 8 Transfer of certain records to NSW Treasury 23 (1) The records of an entity dissolved by this Act are transferred by the operation of this 24 section to the custody of the NSW Treasury. 25 (2) The State Records Act 1998 of New South Wales and other laws of New South Wales 26 apply to those records, and so apply as if they were the records of NSW Treasury. 27 (3) In this section, records has the same meaning it has in the State Records Act 1998 of 28 New South Wales. 29 9 Regulations 30 (1) The Governor may make regulations, not inconsistent with this Act, for or with 31 respect to any matter that by this Act is required or permitted to be prescribed or that 32 is necessary or convenient to be prescribed for carrying out or giving effect to this 33 Act. 34 (2) Without limiting subsection (1), the regulations may contain provisions of a savings 35 or transitional nature consequent on the enactment of this Act. 36 (3) Any such provision may, if the regulations so provide, take effect from the date of 37 assent to this Act or a later date. 38 (4) To the extent to which any such provision takes effect from a date that is earlier than 39 the date of its publication on the NSW legislation website, the provision does not 40 operate so as: 41 (a) to affect, in a manner prejudicial to any person (other than the State or an 42 authority of the State), the rights of that person existing before the date of its 43 publication, or 44 Page 3 Occupational Licensing National Law Repeal Bill 2015 [NSW] (b) to impose liabilities on any person (other than the State or an authority of the 1 State) in respect of anything done or omitted to be done before the date of its 2 publication. 3 10 Consequential amendment of Civil and Administrative Tribunal Act 2013 No 2 4 The Civil and Administrative Tribunal Act 2013 is amended by omitting 5 "Occupational Licensing National Law (NSW)" from clause 4 (1) of Schedule 5. 6 11 Consequential amendment of Criminal Procedure Regulation 2010 7 The Criminal Procedure Regulation 2010 is amended by omitting paragraph (x) of 8 the matter relating to the Department of Finance and Services in Schedule 2A. 9 Page 4
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