Apprenticeship and Traineeship Act 2001 (NSW)

Apprenticeship and Traineeship Act 2001 No 80

An Act to provide for the regulation of apprenticeships and traineeships; to repeal the Industrial and Commercial Training Act 1989; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Apprenticeship and Traineeship Act 2001.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) Words and expressions that are defined in the Dictionary at the end of this Act have the meanings given to them by the Dictionary. (2) Notes included in this Act do not form part of this Act.

3A Application of National Vocational Education and Training Regulator Act 2011 (Cth) (1) In this section: Commonwealth Act means the National Vocational Education and Training Regulator Act 2011 of the Commonwealth. State apprenticeship and traineeship regulation provisions means the provisions of this Act and the regulations: (a) regulating organisations providing training, assessment or instruction in relation to a recognised trade vocation or a recognised traineeship vocation, and (b) providing for the approval by or under this Act of training, assessment or instruction provided by organisations, and (c) providing for the standards to be complied with under this Act by organisations, and (d) providing for the exercise of investigative powers, sanctions and enforcement by or under this Act in relation to such matters. (2) The State apprenticeship and traineeship regulation provisions are declared to be an excluded matter for the purposes of section 10 of the Commonwealth Act in relation to section 9 (Immunity from State and Territory laws) of the Commonwealth Act to the extent that section 9 would prevent the application of the State apprenticeship and traineeship regulation provisions to an NVR registered training organisation (within the meaning of the Commonwealth Act) providing training, assessment or instruction in relation to a recognised trade vocation or a recognised traineeship vocation. (3) Without limiting subsection (2), each provision of this Act (and of any regulations made under this Act) is declared to be a VET legislation displacement provision for the purposes of section 11 of the Commonwealth Act generally.