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Vocational Education and Training Funding Amendment Bill 2001

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1998-1999-2000-2001

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

VOCATIONAL EDUCATION AND TRAINING FUNDING AMENDMENT BILL 2001

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Education, Training and Youth Affairs the Hon Dr David Kemp MP)

 

 



VOCATIONAL EDUCATION AND TRAINING FUNDING AMENDMENT BILL 2001

 

OUTLINE

 

 

The Vocational Education and Training Funding Act 1992 provides for the maximum amount of vocational education and training funding for distribution by the Australian National Training Authority (ANTA) to the States and Territories for capital and recurrent purposes and for National Projects.  The Minister determines the amount to be paid to ANTA, up to the maximum amount set by the Act in any one year.  The funds must be distributed in accordance with the Australian National Training Authority Act 1992.

 

The Vocational Education and Training Funding Amendment Bill 2001 would amend the Australian National Training Authority Act 1992 to give effect to the new ANTA Agreement for 2001 to 2003.

 

It would also amend the Vocational Education and Training Funding Act 1992 to:

 

·         supplement 2001 funding in line with real price movements reflected in Treasury indices;

 

·         appropriate general vocational education and training funding for 2002;

 

·         provide additional growth funding in 2001 and 2002 for those States and Territories that have endorsed the new ANTA Agreement and satisfy the provisions set out in that Agreement.

 

 

 

FINANCIAL IMPACT

 

The Bill would provide an increase of $21.330 million to the amount currently legislated for 2001 and would appropriate $952.745 million in general vocational education and training funds for 2002.  It would also provide for up to $50 million in growth funding for 2001 and $75 million in 2002.



VOCATIONAL EDUCATION AND TRAINING FUNDING AMENDMENT BILL 2001

 

NOTES ON CLAUSES

 

 

Clause 1 - Short title

 

Provides for the Act to be cited as the Vocational Education and Training Funding Amendment Act 2001 .

 

Clause 2 - Commencement

 

Provides for the Act to commence on the day on which it receives the Royal Assent.

 

Clause 3 - Schedule(s)

 

Provides that each Act that is specified in a Schedule is amended or repealed as set out in the applicable items in the Schedule and that any other item in a Schedule has effect according to its terms.

 

 



 

Schedule 1 - Amendment of the Australian National Training Authority Act 1992

 

Item 1        Subsection 4(1) (definition of Agreement )

 

Amends the definition of Agreement in subsection 4(1) to remove references to the Australian National Training Authority Agreement endorsed by the Ministerial Council on 14 November 1997.

 

 

Item 2        Subsection 13(9)

 

Amends subsection 13(9) to provide that section 13 now also has effect subject to proposed section 14AA, to be inserted by Item 4.

 

 

Item 3        Subsection 14(7)

 

Amends subsection 14(7) to provide that section 14 now also has effect subject to proposed section 14AA to be inserted by Item 4.

 

 

Item 4        After section 14A

 

Inserts a proposed new section 14AA to provide that, if the Minister has determined under section 9AB of the Vocational Education and Training Funding Act 1992 that a specified amount is to be paid to the Australian National Training Authority in respect of a State for the year 2001 or 2002, the Minister may, by written notice to the Authority (the notice), direct the Authority to allocate and pay the amount determined to that State for that year.  The Minister must not amend or vary the notice so as to reduce an amount specified in the notice and the Authority must comply with a direction in a notice.

 

 

Item 5        Schedule 1

 

Repeals the existing Schedule 1 and inserts a new Schedule 1 in lieu.  The new Schedule 1 is the Australian National Training Authority Agreement for 2001 to 2003.

 

 

Item 6        Savings of matters affecting the Ministerial Council

 

A savings provision in relation to certain acts done under the Australian National Training Authority Act 1992 that had effect immediately before the commencement of this Act.

 

 

Item 7        Savings in respect of a State

 

A savings provision which has the effect of providing that, until the Commonwealth and a State approve the Australian National Training Authority Agreement for 2001 to 2003 (the new Agreement) in respect of the State, then the Australian National Training Authority Act 1992 as in force immediately before the commencement of this Act continues in force in respect of that State.  If after the day this Act commences the Commonwealth and a State approve the new Agreement in respect of the State, then any thing done by the Ministerial Council or the Chairperson of the Ministerial Council in respect of the State, the Australian National Training Authority, or the State that has effect immediately before the new Agreement day, is deemed to be a thing done for the purposes of the Australian National Training Authority Act 1992 as amended by this Act. 

 

 



 

Schedule 2 - Amendment to the Vocational Education and Training Funding Act 1992

 

 

Item 1        Section 9 (table)

 

Amends the table in section 9 setting out general funds for allocation by the Australian National Training Authority for particular years by increasing the funding limit available for 2001 and inserting the funding limit available for 2002.

 

 

Item 2        After section 9A

 

Inserts a new section 9AB which has the effect of providing that if the Commonwealth and a State approve the Australian National Training Authority Agreement for 2001 to 2003, the Minister determines that the State complies with the agreement and the Minister also determines that because the State has complied with the agreement a specified amount is to be paid to the Authority in respect of a State for a year specified in the table in proposed subsection 9AB(2), then the amount so determined is payable to the Authority for allocation to the State under the Australian National Training Authority Act 1992 in respect of that year.

 

 

Item 3        Section 9B

 

Amends section 9B to give the Minister the power to vary a determination previously made under proposed section 9AB.