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This is a Bill, not an Act. For current law, see the Acts databases.
AUSTRALIAN TECHNICAL COLLEGES (FLEXIBILITY IN ACHIEVING AUSTRALIA'S SKILLS NEEDS) BILL 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Technical Colleges (Flexibility
in Achieving Australia's Skills Needs)
Bill 2005
No. , 2005
(Education, Science and Training)
A Bill for an Act to introduce business, industry
and community leadership in the flexible provision
of skills training and education for young
Australians through granting financial assistance
for establishing and operating Australian Technical
Colleges, and for related purposes
i Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill 2005
No. , 2005
Contents
Part 1--Preliminary
2
1
Short title.......................................................................................2
2
Commencement .............................................................................2
3
Definitions.....................................................................................2
4
Principal object of Act....................................................................3
Part 2--General provisions relating to grants
5
Division 1--Agreements
5
5
Minister may make agreements ......................................................5
6
Agreements with States for ATCs...................................................5
7
Agreements with ATC authorities for ATCs....................................5
Division 2--Other conditions of agreements
7
8
Certifying that payments duly spent or committed...........................7
9
Reports about financial expenditure................................................7
10
Reporting on performance ..............................................................7
11
Condition about access to accounts etc. of ATC authority................7
12
Conditions about reporting .............................................................8
13
Condition of agreement not fulfilled ...............................................8
14
Overpayments................................................................................9
Division 3--Other matters
10
15
Minister's power if amount repayable ...........................................10
16
Amount payable to the Commonwealth is a debt ...........................10
17
Determinations requiring repayments............................................10
Part 3--Payments
11
18
Minister may make determinations authorising payments ..............11
19
Payments subject to conditions .....................................................11
20
Minister may refuse to authorise, or delay, payment in
certain circumstances ...................................................................12
Part 4--Miscellaneous
13
21
Minister may determine amounts and times of payment of
financial assistance.......................................................................13
22
Payment reduced for false or misleading statement........................13
23
Appropriation ..............................................................................14
24
Determinations etc. ......................................................................14
25
Delegation ...................................................................................14
26
Regulations..................................................................................14
Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill 2005
No. , 2005 1
A Bill for an Act to introduce business, industry
1
and community leadership in the flexible provision
2
of skills training and education for young
3
Australians through granting financial assistance
4
for establishing and operating Australian Technical
5
Colleges, and for related purposes
6
The Parliament of Australia enacts:
7
Part 1 Preliminary
Section 1
2 Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill
2005 No. , 2005
Part 1--Preliminary
1
2
1 Short title
3
This Act may be cited as the Australian Technical Colleges
4
(Flexibility in Achieving Australia's Skills Needs) Act 2005.
5
2 Commencement
6
This Act commences on the day on which it receives the Royal
7
Assent.
8
3 Definitions
9
In this Act, unless the contrary intention appears:
10
ATC authority for an ATC means the body determined under
11
subsection 7(1) to be the ATC authority for the ATC.
12
Australian Technical College or ATC means a school in respect of
13
which financial assistance under this Act is provided or proposed
14
to be provided.
15
government school has the same meaning as in the Schools
16
Assistance Act.
17
non-government school has the same meaning as in the Schools
18
Assistance Act.
19
other party, in relation to a Part 2 agreement, means the State or
20
ATC authority making the agreement with the Commonwealth.
21
Part 2 agreement means an agreement made under Division 1 of
22
Part 2.
23
qualified accountant means a person who:
24
(a) is registered, or is taken to be registered, as a company
25
auditor under Part 9.2 of the Corporations Act 2001; or
26
(b) is a member of CPA Australia or the Institute of Chartered
27
Accountants in Australia; or
28
Preliminary Part 1
Section 4
Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill 2005
No. , 2005 3
(c) is approved by the Minister as a qualified accountant for the
1
purposes of this Act.
2
school has the same meaning as in the Schools Assistance Act.
3
Note:
The definition of school in that Act includes a proposed school.
4
Schools Assistance Act means the Schools Assistance (Learning
5
Together--Achievement Through Choice and Opportunity) Act
6
2004.
7
State includes the Australian Capital Territory and the Northern
8
Territory.
9
State Minister, for a State, means the Minister of the State who is
10
responsible, or primarily responsible, for the administration of
11
matters relating to school education in the State.
12
4 Principal object of Act
13
The principal object of this Act is to provide for the establishment
14
and operation of Australian Technical Colleges in order to provide
15
trade skills training, education and mentoring for young
16
Australians through:
17
(a) promoting pride and excellence in trade skills training for
18
young people; and
19
(b) providing skills and education in a flexible learning
20
environment to build a solid basis for secure and rewarding
21
careers; and
22
(c) adopting a new industry-led approach to providing education
23
and training in partnership with local communities; and
24
(d) establishing an industry-led governing council for each
25
Australian Technical College that is to set out strategic
26
directions and performance objectives for the College and
27
select the principal of the College; and
28
(e) providing trade training that is relevant to industry and that
29
leads to nationally recognised qualifications through
30
School-Based New Apprenticeships, and academic and
31
vocational education that is relevant to trade careers and that
32
leads to a Year 12 Certificate; and
33
Part 1 Preliminary
Section 4
4 Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill
2005 No. , 2005
(f) ensuring the autonomy of the principal of each Australian
1
Technical College to manage the College, to select the best
2
staff and to meet the targets and performance measures set by
3
the governing council of the College; and
4
(g) encouraging an environment of freedom and reward for effort
5
for the staff of Australian Technical Colleges through
6
flexible employment arrangements which provide rewards
7
linked to excellent performance.
8
General provisions relating to grants Part 2
Agreements Division 1
Section 5
Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill 2005
No. , 2005 5
1
Part 2--General provisions relating to grants
2
Division 1--Agreements
3
5 Minister may make agreements
4
(1) The Minister may, on behalf of the Commonwealth, make an
5
agreement under this Division.
6
(2) In making an agreement under this Division, the Minister must
7
have regard to the object of this Act.
8
6 Agreements with States for ATCs
9
(1) The Minister must not authorise a payment of financial assistance
10
under this Act to a State for the establishment or operation of an
11
ATC as a government school in the State unless a written
12
agreement is in force between the State and the Commonwealth
13
that sets out the following conditions:
14
(a) a condition that the payments received under the agreement
15
be spent for the establishment or operation of the ATC;
16
(b) the conditions mentioned in Division 2 (other than
17
section 11).
18
(2) An agreement may also specify other conditions, and that the
19
payments under this Act are made on those conditions.
20
7 Agreements with ATC authorities for ATCs
21
(1) The Minister may determine that a body is the ATC authority for
22
an ATC.
23
(2) The Minister must not authorise a payment of financial assistance
24
under this Act to an ATC authority for the establishment or
25
operation of an ATC as a non-government school unless a written
26
agreement is in force between the ATC authority and the
27
Commonwealth that sets out the following conditions:
28
(a) either:
29
Part 2 General provisions relating to grants
Division 1 Agreements
Section 7
6 Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill
2005 No. , 2005
(i) a condition that, while the agreement is in force, the
1
ATC be a school of a kind in respect of which financial
2
assistance is payable under Part 6 of the Schools
3
Assistance Act; or
4
(ii) if, when the agreement commences, financial assistance
5
is not so payable--a condition that the ATC be a school
6
of a kind in respect of which financial assistance will be
7
payable under that Part by the date specified in the
8
agreement, and for the remainder of the period that the
9
agreement is in force;
10
(b) a condition that the payments received under the agreement
11
be spent for the establishment or operation of the ATC;
12
(c) the conditions mentioned in Division 2 (other than subsection
13
8(2)).
14
(3) An agreement may also specify other conditions, and that the
15
payments under this Act are made on those conditions.
16
(4) In addition to the conditions specified in the agreement, the
17
Minister may determine eligibility criteria for the payment of
18
financial assistance under this Act to the ATC authority.
19
(5) In determining eligibility criteria, the Minister must have regard to
20
the object of this Act.
21
General provisions relating to grants Part 2
Other conditions of agreements Division 2
Section 8
Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill 2005
No. , 2005 7
1
Division 2--Other conditions of agreements
2
8 Certifying that payments duly spent or committed
3
(1) There must be a condition that the other party to the Part 2
4
agreement give to the Secretary of the Department a certificate:
5
(a) made by a qualified accountant; and
6
(b) specifying whether the payments to the party have been spent
7
(or committed to be spent) for the purposes specified in the
8
agreement.
9
(2) If the other party to the Part 2 agreement is a State, there must be a
10
condition that, if not all the payments were spent (or committed to
11
be spent) by the State for the purposes specified in the agreement,
12
the State will, if the Minister so determines, pay to the
13
Commonwealth the amount stated in the determination within a
14
period determined by the Minister.
15
(3) The amount stated in the determination must not be more than the
16
sum of the unspent or uncommitted amounts.
17
9 Reports about financial expenditure
18
There must be a condition that the other party to the Part 2
19
agreement give to the Minister reports about the expenditure of
20
financial assistance under this Act that contain the kind of
21
information that the Minister thinks appropriate about that
22
assistance to that party.
23
10 Reporting on performance
24
There must be a condition that the other party to the Part 2
25
agreement comply with the performance reporting requirements
26
mentioned in the agreement.
27
11 Condition about access to accounts etc. of ATC authority
28
(1) If the other party to the Part 2 agreement is an ATC authority, there
29
must be a condition that the ATC authority allow a person
30
Part 2 General provisions relating to grants
Division 2 Other conditions of agreements
Section 12
8 Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill
2005 No. , 2005
authorised in writing by the Minister for the purpose, with such
1
help as the person requires:
2
(a) to have full and free access, at all reasonable times, to
3
accounts, records and other documents of the ATC authority
4
relating to information that the ATC authority is required
5
under the agreement to give to the Minister; and
6
(b) to take extracts from, or make copies of, any such accounts,
7
records and documents.
8
(2) The authorised person must give reasonable notice to the ATC
9
authority of his or her intention to obtain access as mentioned in
10
paragraph (1)(a).
11
12 Conditions about reporting
12
There must be a condition that the other party to the Part 2
13
agreement give to the Minister or to the Secretary of the
14
Department (as specified in this Act or in the agreement) at the
15
times, and in the manner, required by the agreement:
16
(a) the reports or certificates mentioned in sections 8, 9 and 10;
17
and
18
(b) any other reports of a kind or kinds specified in the
19
agreement.
20
13 Condition of agreement not fulfilled
21
(1) There must be a condition that if:
22
(a) in the case of an agreement mentioned in section 7--the
23
condition in paragraph 7(2)(a) is not fulfilled; or
24
(b) in any case--the other party to the Part 2 agreement does not
25
fulfil another condition of the agreement by the date specified
26
in the agreement, or within such further period as the
27
Minister allows;
28
then:
29
(c) the other party will, if the Minister so determines, repay to
30
the Commonwealth the amount stated in the determination;
31
and
32
General provisions relating to grants Part 2
Other conditions of agreements Division 2
Section 14
Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill 2005
No. , 2005 9
(d) if the other party does not do so, the Minister may make a
1
determination reducing one or more payments of financial
2
assistance under this Act to the other party; and
3
(e) the Minister may delay the making of any further payment
4
under this Act to the other party until the conditions
5
mentioned in paragraphs (a) and (b) are fulfilled.
6
(2) The amount mentioned in paragraph (1)(c) must not be more than:
7
(a) if the other party is a State--the sum of the payments
8
mentioned in paragraph 6(1)(a); and
9
(b) if the other party is an ATC authority--the sum of the
10
payments mentioned in paragraph 7(2)(b).
11
14 Overpayments
12
There must be a condition that, if the amount of financial
13
assistance paid under this Act to the other party to the Part 2
14
agreement exceeds the amount that was properly authorised to be
15
paid, the other party will, if the Minister so determines, pay to the
16
Commonwealth an amount (not more than the excess) stated in the
17
determination.
18
Part 2 General provisions relating to grants
Division 3 Other matters
Section 15
10 Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill
2005 No. , 2005
1
Division 3--Other matters
2
15 Minister's power if amount repayable
3
The Minister may make a determination reducing an amount that is
4
authorised to be paid under this Act to the other party to a Part 2
5
agreement if:
6
(a) under a condition of the agreement the Minister determines
7
that the other party is to pay an amount to the
8
Commonwealth; and
9
(b) all or part of that amount remains unpaid.
10
The amount of the reduction must not be more than the amount
11
unpaid.
12
16 Amount payable to the Commonwealth is a debt
13
(1) An amount payable by a State to the Commonwealth under this
14
Act, or under a Part 2 agreement, is a debt due by the State to the
15
Commonwealth.
16
(2) An amount payable by an ATC authority to the Commonwealth
17
under this Act, or under a Part 2 agreement, is a debt due by the
18
ATC authority to the Commonwealth.
19
17 Determinations requiring repayments
20
If the Minister is considering whether to make a determination
21
under paragraph 13(1)(c) or section 14, the Minister must take into
22
account all relevant matters, including whether the other party to
23
the Part 2 agreement gave all relevant information to the
24
Commonwealth before the grant of financial assistance was made.
25
Payments Part 3
Section 18
Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill 2005
No. , 2005 11
1
Part 3--Payments
2
3
18 Minister may make determinations authorising payments
4
(1) The Minister may make a determination authorising payment of
5
financial assistance under this Act to a State or an ATC authority.
6
(2) However, the Minister must not make a determination authorising
7
payment of financial assistance to an ATC authority if:
8
(a) the Minister has determined eligibility criteria for the
9
payment of financial assistance under this Act to the ATC
10
authority for the ATC concerned; and
11
(b) the Minister is satisfied that the eligibility criteria are not
12
fulfilled.
13
(3) Subsection (2) does not apply if the Minister is satisfied that, in the
14
circumstances, the payment should be authorised despite the
15
non-fulfilment of the eligibility criteria.
16
(4) The sum of the amounts authorised to be paid under subsection (1)
17
for a year must not be more than the amount in the following table
18
for the year:
19
20
Financial assistance
Column 1
Year
Column 2
Amount ($)
1
2005
15,810,000
2
2006
47,950,000
3
2007
84,034,000
4
2008
101,419,000
5
2009
94,380,000
19 Payments subject to conditions
21
A payment under this Act is subject to the conditions set out in the
22
agreement for the payment.
23
Part 3 Payments
Section 20
12 Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill
2005 No. , 2005
20 Minister may refuse to authorise, or delay, payment in certain
1
circumstances
2
(1) The Minister may refuse to authorise a payment to an ATC
3
authority under this Act for an ATC that is a non-government
4
school in a State during any period when the State Minister does
5
not recognise the ATC as a school.
6
(2) The Minister may refuse to authorise, or may delay, a payment to
7
an ATC authority that is a body corporate if:
8
(a) it is being wound up; or
9
(b) a receiver has been appointed in respect of its property; or
10
(c) its affairs are under the control of a manager.
11
(3) The Minister may refuse to authorise, or may delay, a payment to
12
an ATC authority that is not a body corporate if the Minister
13
considers that:
14
(a) its liabilities are substantially greater than its assets; or
15
(b) it is (and is likely to continue for a substantial period to be)
16
unable to pay its debts as and when they fall due for
17
payment.
18
Miscellaneous Part 4
Section 21
Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill 2005
No. , 2005 13
1
Part 4--Miscellaneous
2
3
21 Minister may determine amounts and times of payment of
4
financial assistance
5
Amounts of financial assistance authorised to be paid under this
6
Act are to be paid in such a way, including payment by
7
instalments, and at such times, as the Minister determines.
8
22 Payment reduced for false or misleading statement
9
(1) If:
10
(a) a person made a statement for the purposes of this Act or an
11
agreement made under this Act about a grant of financial
12
assistance; and
13
(b) the statement was made to:
14
(i) the Minister; or
15
(ii) the Secretary; or
16
(iii) an APS employee in the Department; and
17
(c) the statement was false or misleading in a material particular;
18
and
19
(d) relying on the statement, a payment has been made under this
20
Act to a State or to an ATC authority of an amount that, in
21
the Minister's opinion, exceeds the amount that would have
22
been authorised to be paid if the statement had not been false
23
or misleading in a material particular;
24
the Minister may make a determination reducing by the amount of
25
the excess any amount payable under this Act to the State or the
26
ATC authority.
27
(2) A determination under this section may take effect from a day
28
before the day on which the determination was made.
29
Part 4 Miscellaneous
Section 23
14 Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill
2005 No. , 2005
23 Appropriation
1
The Consolidated Revenue Fund is appropriated for the purposes
2
of this Act.
3
24 Determinations etc.
4
(1) A determination under this Act must be in writing.
5
Note:
For variation and revocation, see subsection 33(3) of the Acts
6
Interpretation Act 1901.
7
(2) Subject to subsection 22(2), a determination takes effect on:
8
(a) the day stated for the purpose in the determination; or
9
(b) if no day is stated--the day on which it is made.
10
(3) If:
11
(a) a provision of this Act refers to a determination made or
12
other act or thing done by the Minister; and
13
(b) no other provision of this Act expressly authorises the
14
Minister to make such a determination or do such an act or
15
thing;
16
this subsection authorises the Minister to make such a
17
determination or do such an act or thing.
18
(4) A determination under this Act is not a legislative instrument.
19
25 Delegation
20
The Minister may, by written instrument, delegate all or any of the
21
Minister's powers and functions under this Act or under an
22
agreement mentioned in this Act to:
23
(a) the Secretary of the Department; or
24
(b) an SES employee in the Department.
25
Note:
SES employee is defined in the Acts Interpretation Act 1901.
26
26 Regulations
27
The Governor-General may make regulations prescribing all
28
matters:
29
(a) required or permitted by this Act to be prescribed; or
30
Miscellaneous Part 4
Section 26
Australian Technical Colleges (Flexibility in Achieving Australia's Skills Needs) Bill 2005
No. , 2005 15
(b) necessary or convenient to be prescribed for carrying out or
1
giving effect to this Act.
2
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