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Tradesmen's Rights Regulation Repeal Bill 1999

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1998-99

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

TRADESMEN’S RIGHTS REGULATION REPEAL BILL 1999

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

     (Circulated by authority of the Minister for Employment,

                   Workplace Relations and Small Business, the Honourable

     Peter Reith MP)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TRADESMEN’S RIGHTS REGULATION REPEAL BILL 1999

 

 

 

OUTLINE

 

The Tradesmen’s Rights Regulation Repeal Bill 1999 will repeal the Tradesmen’s Rights Regulation Act 1946 on a day to be fixed by Proclamation.  Prior to Proclamation, Regulations will be promulgated to allow the orderly implementation of procedures to handle applications for trade recognition already received and for relevant applications received in an interim period.  Regulations to deal with transitional and saving measures (eg, retention of a register of trade certifications) will also be required.

 

The Tradesmen’s Rights Regulation Act 1946 provides national trades skill recognition in 49 prescribed metal and electrical trades through the issue of an Australian Recognised Trade Certificate to eligible permanent Australian residents who do not have formal trade qualifications.

 

A review, in 1998, of the Tradesmen’s Rights Regulation Act 1946 , under the Commonwealth Legislation Review Schedule, concluded that the Commonwealth should vacate the domestic skills recognition field.  The review concluded that all domestic skills recognition should be undertaken directly by registered training organisations established under the Australian Recognition Framework.  The Australian Recognition Framework system was developed by the Commonwealth, State and Territory governments in consultation with industry to provide a consistent national approach to the assessment and recognition of competencies.

 

The review also concluded that the Commonwealth Government should also vacate the migration skills assessment field.  Prospective migrants overseas would seek skills assessment for migration purposes through a relevant Australian authority prescribed under the Migration Regulations.

 

 

FINANCIAL IMPACT STATEMENT

 

The Commonwealth will not incur any additional costs as a result of the repeal of the Tradesmen’s Rights Regulation Act 1946 .

 

 

REGULATION IMPACT STATEMENT

 

There is no requirement for a Regulation Impact Statement for this repeal legislation.  A Regulation Impact Statement will accompany Regulations associated with this legislation.

 

 



NOTES ON CLAUSES

 

Clause 1          Short Title

 

This clause provides the Act’s short title.

 

Clause 2          Commencement

 

This clause specifies that the repeal of the Tradesmen’s Rights Regulation Act 1946 will be effected by Proclamation, or if this repeal legislation is not Proclaimed within the period of 6 months after the repeal legislation receives the Royal Assent, on the first day after the end of that period.

 

Clause 3          Schedules (s)

 

Schedule 1 is the simple repeal mechanism for the Tradesmen’s Rights Regulation Act 1946 .

 

Schedule 2 removes a consequential reference contained in the Schedule to the Sea Installations Act 1987 .  The reference to the Tradesmen’s Rights Regulation Act 1946 in the Sea Installations Act 1987 has the effect of applying the Tradesmen’s Rights Regulation Act 1946 in adjacent areas to sea installations, as if those areas were part of the Commonwealth (see section 45 of the Sea Installations Act 1987 ).

 

Clause 4          Regulations

 

This Clause authorises the Governor-General to make regulations, particularly those that will enable the orderly and necessary implementation of procedures to deal with remaining applications for skills assessment and to save and protect rights obtained under the Principal Act (eg. retention of register of certifications).