Vocational Education and Training (Commonwealth Powers) Act 2012 (Qld)

Vocational Education and Training (Commonwealth Powers) Act 2012

An Act to adopt the National Vocational Education and Training Regulator Act 2011 (Cwlth) and the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 (Cwlth), and to refer certain matters relating to the regulation of vocational education and training to the Parliament of the Commonwealth, for the purposes of section 51 (xxxvii) of the Commonwealth Constitution

Part 1 Preliminary

1 Short title This Act may be cited as the Vocational Education and Training (Commonwealth Powers) Act 2012 .

2 Commencement This Act commences on 29 June 2012.

Part 2 Adoption and reference of matters

3 Definitions for pt 2 In this part— adoption means the adoption under section 5 (1). amendment reference means a reference under section 5 (2). continuing VET matter has the meaning given in section 4. national VET instrument means any instrument (whether or not of a legislative character) that is made or issued under the national VET legislation. national VET legislation means— (a) the National Vocational Education and Training Regulator Act 2011 (Cwlth); and (b) the National Vocational Education and Training Regulator (Transitional Provisions) Act 2011 (Cwlth); as in force from time to time.

4 Continuing VET matters (1) Each of the following matters is a continuing VET matter to the extent that it is included in the legislative powers of the Parliament of the State— (a) the registration and regulation of vocational education and training organisations; (b) the accreditation or other recognition of vocational education and training courses or programs; (c) the issue and cancellation of vocational education and training qualifications or statements of attainment; (d) the standards to be complied with by a vocational education and training regulator; (e) the collection, publication, provision and sharing of information about vocational education and training; (f) investigative powers, sanctions and enforcement in relation to any of the above. (2) However, a continuing VET matter does not include the matter of making a law that excludes or limits the operation of a State law to the extent that the State law makes provision in relation to— (a) primary or secondary education (including the education of children subject to compulsory school education); or (b) tertiary education that is recognised as higher education and not vocational education and training; or (c) the rights and obligations of persons providing or undertaking apprenticeships or traineeships; or (d) the qualifications or other requirements to undertake or carry out any business, occupation or other work (other than that of a vocational education and training organisation); or (e) the funding by the State of vocational education and training; or (f) the establishment or management of any agency of the State that provides vocational education and training. (3) In this section— State law means any Act of the State or any instrument made under an Act of the State, whenever enacted or made and as in force from time to time.