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《1992年澳大利亚国家培训局法案》

1992

发文机构：澳大利亚政府行政级别：国外国别：澳大利亚查看原网站全文

Australian National Training Authority Act 1992

Act No. 203 of 1992 as amended

[Note: This Act was repealed by Act No. 107 of 2005 on 24 August 2005]

This compilation was prepared on 14 April 2004
taking into account amendments up to Act No. 98 of 2003

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1—Preliminary                                                                                                               1

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

3............ Objects................................................................................................ 1

4............ Interpretation...................................................................................... 1

Part 2—Establishment, functions and powers of the Australian National Training Authority        4

5............ Establishment of Australian National Training Authority................. 4

6............ Functions of the Authority................................................................ 4

7............ Powers of the Authority.................................................................... 5

8............ Ministerial Council directions to the Authority................................. 6

9............ Consultation....................................................................................... 6

10.......... Committees......................................................................................... 6

Part 3—Allocation and payment of funds                                                                  7

11.......... Payments to the Authority by the Commonwealth........................... 7

12.......... Payments to the Authority by States................................................ 7

13.......... Allocation of funds by the Authority................................................ 7

14.......... Payment of funds by the Authority................................................... 8

14A....... Commonwealth Minister may restrict amount payable to a State..... 9

14AA.... Commonwealth Minister may direct the payment of amount to a State                9

15.......... Benefits of allocations to be available without discrimination......... 10

16.......... Arrangements regarding payments to and by the Authority............ 10

Part 4—Reporting requirements                                                                                  11

17.......... Annual audit reports to the Authority by States............................. 11

18.......... Annual national report...................................................................... 11

18A....... Presentation of agreement to Parliament.......................................... 11

18B....... Publication of agreement on Internet................................................ 12

Part 5—Finance                                                                                                                      13

19.......... Interpretation.................................................................................... 13

20.......... Money of the Authority.................................................................. 13

21.......... Application of the Authority’s money............................................ 13

22.......... Estimates of operating receipts and expenditure.............................. 14

23.......... Application of the Commonwealth Authorities and Companies Act 14

23A....... Exemption from certain taxes........................................................... 14

Part 6—Administrative provisions relating to the Authority                        15

Division 1—Membership etc.                                                                                15

24.......... Membership of the Authority.......................................................... 15

25.......... Appointment of members................................................................ 15

26.......... Membership to be full‑time or part‑time......................................... 15

27.......... Term of appointment....................................................................... 15

28.......... Remuneration and allowances of members....................................... 15

29.......... Other benefits................................................................................... 16

30.......... Leave of absence............................................................................... 17

31.......... Resignation....................................................................................... 17

32.......... Termination of appointment............................................................ 17

33.......... Terms and conditions not provided for by Act................................ 18

34.......... Acting appointments etc.................................................................. 18

Division 2—Meetings                                                                                                19

35.......... Convening of meetings...................................................................... 19

36.......... Procedure at meetings....................................................................... 19

37.......... Conduct of meetings......................................................................... 19

38.......... Resolutions without formal meetings............................................... 20

39.......... Disclosure of interests...................................................................... 20

Part 7—Chief Executive Officer, staff and consultants                                  21

Division 1—Chief Executive Officer                                                                  21

40.......... Appointment and functions of Chief Executive Officer................... 21

40A....... Secondment of Chief Executive Officer............................................ 21

41.......... Remuneration and allowances........................................................... 22

42.......... Other benefits................................................................................... 22

43.......... Leave of absence............................................................................... 23

44.......... Terms and conditions not provided for by Act................................ 23

Division 2—Staff and consultants                                                                         24

45.......... Staff of the Authority....................................................................... 24

46.......... Staff seconded to the Authority....................................................... 24

47.......... Consultants....................................................................................... 25

Part 8—Miscellaneous                                                                                                       26

47A....... Transfer of administration of certain national programs to the Authority              26

48.......... No payment without appropriation................................................. 27

49.......... Delegation by the Authority............................................................ 27

50.......... Change of name of the Authority..................................................... 28

51.......... Regulations....................................................................................... 28

Notes                                                                                                                                            29

An Act to establish a national training authority with functions related to the funding of vocational education and training, and for related purposes

Part 1—Preliminary

1  Short title [see Note 1]

This Act may be cited as the Australian National Training Authority Act 1992.

2  Commencement [see Note 1]

This Act commences on the day on which it receives the Royal Assent.

3  Objects

The objects of this Act are:

(a)  in conjunction with the States, to promote the development of a national vocational education and training system in accordance with the objectives set out in the Agreement; and

(b)  to promote that development in accordance with the planning and decision‑making arrangements set out in the Agreement.

4  Interpretation

(1)  In this Act, unless the contrary intention appears:

Agreement means:

(a)  the Agreement between the Commonwealth and States that is:

(i)  described as an ANTA Agreement; and

(ii)  expressed to replace the agreement known as the “ANTA Agreement for 2001 to 2003”; or

(b)  if the first‑mentioned Agreement is amended—that Agreement as so amended.

annual VET plan has the same meaning as in the Agreement.

Authority means the Australian National Training Authority.

Chairperson means the Chairperson of the Authority.

Deputy Chairperson means the Deputy Chairperson of the Authority.

industry training advisory body means an organisation or body declared by the Ministerial Council to be an industry training advisory body for the purposes of the Agreement.

member means a member of the Authority.

Ministerial Council means:

(a)  if the expression is used in respect of a time before the commencement of this definition—a Council consisting of the Ministers from each State and the Commonwealth responsible for vocational education and training as that Council operated in accordance with the Statement; or

(b)  if the expression is used in respect of a time after that commencement—a Council consisting of the Ministers from each State and the Commonwealth responsible for vocational education and training as that Council operates in accordance with the Agreement.

national allocation principles means principles determined by the Ministerial Council as the principles to be applied by the Authority in the allocation of funds under Part 3.

national program means a program that is related to vocational education and training and for which the Ministerial Council has required the Authority to undertake responsibility.

national project means a project declared by the Ministerial Council to be a national vocational education and training project.

national strategy has the same meaning as in the Agreement.

qualified auditor means:

(a)  the Auditor‑General of a State; or

(b)  a person registered as a company auditor or a public accountant under a law in force in a State.

State includes the Australian Capital Territory and the Northern Territory.

Statement means the statement entitled “A National Vocational Education and Training System” agreed on by the Commonwealth and the States and published on 21 July 1992.

State training agency, in relation to a State, means a person, organisation or body nominated by a State Minister as the State training agency of that State.

VET funding means money paid to the Authority under Part 3 of the Vocational Education and Training Funding Act 1992.

year, except in section 27, means a calendar year beginning on or after 1 January 1994.

(2)  In this Act, a reference to anything done, or to be done, by the Ministerial Council is a reference to the thing done, or to be done, by the Ministerial Council by resolution in accordance with the Agreement.

Part 2—Establishment, functions and powers of the Australian National Training Authority

5  Establishment of Australian National Training Authority

(1)  A national training authority, to be known as the Australian National Training Authority, is established.

(2)  The Authority:

(a)  is a body corporate with perpetual succession; and

(b)  is to have a common seal; and

(d)  may sue and be sued.

(3)  The common seal of the Authority is to be kept in such custody as the Authority directs, and is not to be used except as authorised by the Authority.

(4)  All courts, judges and persons acting judicially must:

(a)  take judicial notice of the imprint of the common seal of the Authority appearing on a document; and

(b)  presume that the imprint was duly made.

6  Functions of the Authority

(1)  The Authority has the following functions:

(a)  to assist the Ministerial Council in the performance of the Council’s functions under the Agreement; and

(b)  to do anything required by this or another Act to be done by the Authority; and

(2)  Without limiting paragraph (1)(a), the functions conferred on the Authority by that paragraph include the following:

(a)  to prepare a draft national strategy for approval by the Ministerial Council;

(b)  to give advice, and make recommendations, to the Ministerial Council regarding the amounts of funds that will be needed for allocation by the Authority in respect of each year;

(d)  to provide reports to the Ministerial Council on request by the Council;

(e)  to join with State training agencies in the development, according to guidelines determined by the Ministerial Council, of State annual VET plans for submission by the Authority to the Council in accordance with the Agreement;

(f)  after consultation with State training agencies, to make recommendations to the Ministerial Council for more effective and efficient means of delivering vocational education and training;

(g)  to promote and facilitate the maintenance of comprehensive national data on vocational education and training;

(h)  subject to the directions of the Ministerial Council, to give advice, and make recommendations, to the Council in relation to matters within the functions of the Council.

(3)  The Authority also has:

(a)  functions that are, with the consent of the Ministerial Council, expressed to be conferred on the Authority by or under a law of a State; and

(b)  functions that are, with the consent of the Ministerial Council, conferred on the Authority by the Minister in writing; and

(c)  functions that are, with the consent of the Ministerial Council, expressed to be conferred on the Authority by a State Minister in writing.

(4)  The Authority is to perform its functions according to the Agreement.

7  Powers of the Authority

The Authority has power to do anything necessary for, or reasonably incidental to, the performance of its functions.

8  Ministerial Council directions to the Authority

The Authority must perform its functions and exercise its powers in accordance with such general directions (if any) as are given to it by the Ministerial Council.

9  Consultation

In relation to any matter relevant to the performance of its functions, the Authority may, if it thinks it appropriate to do so, and must, if so directed by the Ministerial Council, consult with:

(a)  governments and government bodies; and

(b)  industry training advisory bodies; and

(d)  other interested people, bodies or organisations.

10  Committees

(1)  The Authority may establish committees to assist it in the performance of its functions and the exercise of its powers.

(2)  A committee may include, or consist wholly of, persons who are not members of the Authority.

(3)  The Authority may give a committee such directions as it thinks fit, including:

(a)  directions as to the manner in which it is to carry out its functions; and

(b)  directions regarding the procedure to be followed in relation to the convening and conduct of meetings of the committee.

(4)  Section 28 has effect as if:

(a)  a member of a committee who is not a member of the Authority were a part‑time member of the Authority; and

(b)  a meeting of the committee were a meeting of the Authority.

Part 3—Allocation and payment of funds

11  Payments to the Authority by the Commonwealth

In addition to money payable to the Authority under Part 3 of the Vocational Education and Training Funding Act 1992 for allocation under this Act, there is payable to the Authority such money as is appropriated by the Parliament for payment to the Authority for allocation for the purposes of a national program.

12  Payments to the Authority by States

The Authority may receive money paid to it by a State.

13  Allocation of funds by the Authority

(1)  In this section, available funds, in respect of a year, means the total of:

(a)  money payable to the Authority in respect of that year under Part 3 of the Vocational Education and Training Funding Act 1992; and

(b)  money payable to the Authority in respect of that year under section 11 for allocation for the purposes of national programs; and

(2)  The Authority must allocate the available funds in respect of each year:

(a)  for payment to States for expenditure by those States on vocational education and training (including expenditure by way of national programs or national projects); or

(b)  for payment, otherwise than to States, for expenditure on national programs or national projects.

(3)  The Authority may make more than one allocation in respect of the same year, but the total of the funds so allocated must not exceed the available funds in respect of the year.

(4)  The Authority may vary an allocation at any time.

(5)  Subject to subsection (7), the Authority must make allocations, and exercise its power of variation, under this section in accordance with the national allocation principles.

(6)  The national allocation principles may include provisions relating to the allocation of funds for expenditure by the Authority, the Commonwealth, States, persons, organisations or bodies on national projects or national programs.

(7)  The Ministerial Council may direct that part of the VET funding available for allocation by the Authority in respect of a year be allocated by the Authority for expenditure of a capital nature.

(8)  Where:

(a)  a direction has been given under subsection (7); or

(b)  money is appropriated (otherwise than under the Vocational Education and Training Funding Act 1992) for payment to the Authority for the purposes of a national program;

the Authority must ensure that its allocation of funds gives effect to the direction or appropriation, as the case may be.

(9)  This section has effect subject to sections 14, 14A and 14AA.

14  Payment of funds by the Authority

(1)  Subject to subsection (3), the Authority must make payments in respect of each year to give effect to the allocations made in respect of that year.

(2)  Amounts allocated by the Authority:

(a)  for expenditure of a capital nature; or

(b)  for expenditure on national programs or national projects;

must be paid by the Authority under arrangements that are in accordance with guidelines determined by the Ministerial Council.

(3)  No amount is to be paid by the Authority to a State under subsection (1) for expenditure other than expenditure on national programs or national projects unless the State annual VET plan for that year has been approved by the Ministerial Council.

(6)  If the amount paid to a State in respect of a year exceeds the amount properly payable to the State, an amount equal to the excess is payable by the State to the Authority.

(7)  This section has effect subject to sections 14A and 14AA.

14A  Commonwealth Minister may restrict amount payable to a State

(1)  This section applies in respect of the year 1994 and the year 1995.

(2)  Subject to subsections (3) and (4), the Minister may, by written notice given to the Authority before the start of a year, direct that the Authority must not allocate or pay any, or more than a specified amount, of the VET funding (including funds for expenditure on national projects or for expenditure of a capital nature) available for allocation by the Authority in respect of the year to a particular State.

(3)  The Minister may give a notice under subsection (2) only if, in the Minister’s opinion, the State has failed to comply with the Statement.

(4)  Before forming an opinion under subsection (3) the Minister must seek, and have regard to, any advice provided by the Authority.

(5)  The Minister must not amend or vary a notice given under subsection (2) so as to reduce an amount specified in the notice.

(6)  The Authority must comply with a direction in a notice given under subsection (2).

14AA  Commonwealth Minister may direct the payment of amount to a State

(1)  If the Minister has, under section 9AB of the Vocational Education and Training Funding Act 1992, determined that a specified amount is to be paid to the Authority in respect of a State and the year 2001 or 2002, the Minister may, by written notice given to the Authority, direct that the Authority must allocate and pay the amount determined in respect of the State and the year to the State.

(2)  The Minister must not amend or vary a notice given under subsection (1) so as to reduce an amount specified in the notice.

(3)  The Authority must comply with a direction in a notice given under subsection (1).

15  Benefits of allocations to be available without discrimination

The national allocation principles must include provision to ensure that, except where the object of expenditure is to secure the adequate advancement of persons who require special assistance, the benefits of, and opportunities created by, allocation of money by the Authority under section 13 are, as far as practicable, available to students or trainees on a non‑discriminatory basis.

16  Arrangements regarding payments to and by the Authority

(1)  Money payable to the Authority by the Commonwealth under this Part is to be paid in accordance with such arrangements as are approved by the Ministerial Council.

(2)  Money paid by a State to the Authority is to be paid in accordance with such arrangements as are approved by the Ministerial Council.

(3)  Money payable by the Authority to a particular recipient under this Part is to be paid in accordance with such arrangements as are approved by the Ministerial Council.

Part 4—Reporting requirements

17  Annual audit reports to the Authority by States

(1)  Each State to which funds have been paid by the Authority in respect of a year must give the Authority a written statement by a qualified auditor:

(a)  specifying the amounts of those funds spent in respect of the year; and

(b)  certifying that the amounts so spent were spent for purposes for which they were allocated to the State by the Authority.

(2)  The statement must be given to the Authority not later than 30 September in the year following the relevant year.

18  Annual national report

(1)  Within 6 months after the end of each year, the Authority must submit to the Ministerial Council a draft annual national report.

(2)  The draft report must incorporate any reports provided to the Authority by State training agencies for incorporation in the draft report.

(3)  The draft report must be according to a form approved by the Ministerial Council.

(4)  The Minister is to cause an annual national report representing the draft report, as approved, or as amended and approved, by the Ministerial Council, to be laid before each House of the Parliament within 15 sitting days after its receipt by the Minister.

(5)  This section does not affect, and is not affected by, section 9 of the Commonwealth Authorities and Companies Act 1997 as it applies in relation to the Authority under section 23 of this Act.

18A  Presentation of agreement to Parliament

The Commonwealth Minister must cause a copy of the agreement and any amendment to the agreement to be laid before each House of the Parliament within 15 sitting days of that House after the agreement is made or amended between the Commonwealth, State and Territory ministers.

18B  Publication of agreement on Internet

The Commonwealth Minister must cause the Authority to publish the agreement or any amendment of the agreement on its website within 15 sitting days of either House of the Parliament after the agreement is made or amended by the Commonwealth, State and Territory Ministers.

Part 5—Finance

19  Interpretation

In this Part:

operating expenditure means expenditure of the Authority, other than expenditure under Part 3.

operating receipts means money received by the Authority, other than money referred to in section 11 or 12.

20  Money of the Authority

The Authority’s money consists of:

(a)  money paid to the Authority under Part 3 of the Vocational Education and Training Funding Act 1992; and

(b)  money paid to the Authority under section 11 for expenditure on national programs; and

(d)  money paid to the Authority to meet its operating expenditure; and

(e)  any other money paid to the Authority.

21  Application of the Authority’s money

(1)  Money referred to in paragraph 20(a), (b) or (c) is to be spent by the Authority only in making payments to States and in making payments for expenditure on national projects or national programs.

(2)  Money referred to in paragraph 20(d) or (e) is to be spent only:

(a)  in payment or discharge of costs, expenses or other obligations incurred by the Authority in the performance of its functions and the exercise of its powers; and

(b)  in payment of remuneration or allowances payable under this Act; and

22  Estimates of operating receipts and expenditure

(1)  The Authority is to prepare estimates, in such form as the Ministerial Council directs, of the Authority’s operating receipts and expenditure for each financial year and, if the Ministerial Council so directs, for any other period specified by the Council.

(2)  The Authority must submit estimates to the Ministerial Council not later than such date as the Council directs.

(3)  Except with the consent of the Ministerial Council, money paid to the Authority to meet its operating expenditure is not to be spent otherwise than in accordance with estimates approved by the Ministerial Council.

23  Application of the Commonwealth Authorities and Companies Act

(1)  The Authority is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.

(2)  Sections 9, 11, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Authority as if it were a Commonwealth authority for the purposes of that Act.

(3)  A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.

23A  Exemption from certain taxes

The Authority is not liable to pay tax under any law of a State.

Part 6—Administrative provisions relating to the Authority

Division 1—Membership etc.

24  Membership of the Authority

(1)  The Authority consists of the following members:

(a)  a Chairperson;

(b)  a Deputy Chairperson;

(2)  The Authority may perform its functions and exercise its powers so long as there are not more than 4 vacancies in its membership.

25  Appointment of members

The members of the Authority are to be appointed by the Governor‑General on the nomination of the Ministerial Council.

26  Membership to be full‑time or part‑time

The members may be appointed on a full‑time or part‑time basis.

27  Term of appointment

A member holds office for such period, not exceeding 3 years, as is specified in the document of appointment, but is eligible for re‑appointment.

28  Remuneration and allowances of members

(1)  The members are to be paid such remuneration as is determined by the Remuneration Tribunal.

(2)  If no determination of the Remuneration Tribunal is in force, the members are to be paid such remuneration as is determined by the Chairperson of the Ministerial Council.

(3)  The members are to be paid such allowances as are determined by the Chairperson of the Ministerial Council.

(4)  A determination for the purpose of subsection (2) or (3):

(a)  may only be made with the approval of the Ministerial Council; and

(b)  must be in writing signed by the Chairperson of the Council; and

(5)  Remuneration and allowances payable to a member under this section are to be paid out of the money of the Authority.

(6)  This section, other than subsection (5), has effect subject to the Remuneration Tribunal Act 1973.

(7)  Subsection (5) has effect in spite of the Remuneration Tribunal Act 1973.

29  Other benefits

(1)  In addition to remuneration and allowances under section 28, a member is to be provided with such other benefits (if any) as the Chairperson of the Ministerial Council determines.

(2)  A determination under subsection (1):

(a)  may only be made with the approval of the Ministerial Council; and

(b)  must be in writing signed by the Chairperson of the Council; and

(3)  The benefits in respect of which a determination may be made under subsection (1) are such benefits as the Ministerial Council considers necessary or desirable to assist a member in, or place a member in a position that may facilitate, the performance of his or her functions.

(4)  Benefits provided to a member under this section are to be provided, or paid for, out of the money of the Auth