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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Vocational Education and
Training Regulator Amendment (Annual
Registration Charge) Bill 2017
No. , 2017
(Education and Training)
A Bill for an Act to amend the National Vocational
Education and Training Regulator Act 2011, and for
related purposes
No. , 2017
National Vocational Education and Training Regulator Amendment
(Annual Registration Charge) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
National Vocational Education and Training Regulator Act 2011
3
National Vocational Education and Training Regulator (Transitional
Provisions) Act 2011
5
No. , 2017
National Vocational Education and Training Regulator Amendment
(Annual Registration Charge) Bill 2017
1
A Bill for an Act to amend the National Vocational
1
Education and Training Regulator Act 2011, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the National Vocational Education and Training
6
Regulator Amendment (Annual Registration Charge) Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
National Vocational Education and Training Regulator Amendment
(Annual Registration Charge) Bill 2017
No. , 2017
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 July 2017.
1 July 2017
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2017
National Vocational Education and Training Regulator Amendment
(Annual Registration Charge) Bill 2017
3
Schedule 1--Amendments
1
2
National Vocational Education and Training Regulator Act
3
2011
4
1 Subparagraph 18(c)(iv)
5
Repeal the subparagraph, substitute:
6
(iv) the amount of the National VET Regulator annual
7
registration charge payable by the applicant under
8
section 232A in relation to the registration for the
9
current financial year;
10
(v) if that amount is payable in instalments--the amount of
11
each instalment.
12
2 Subsection 39(1)
13
Omit "a registration fee", substitute "a National VET Regulator annual
14
registration charge by the date on which it is payable (see
15
section 232A)".
16
3 After section 232
17
Insert:
18
232A National VET Regulator annual registration charge
19
(1) This section applies to a person if:
20
(a) the person starts or continues to be registered during a
21
financial year under this Act as an NVR registered training
22
organisation; or
23
(b) both:
24
(i) the person starts or continues to be registered during a
25
financial year under the Education Services for
26
Overseas Students Act 2000 as a registered provider;
27
and
28
(ii) the National VET Regulator is the ESOS agency for the
29
registered provider (within the meaning of that Act).
30
Schedule 1 Amendments
4
National Vocational Education and Training Regulator Amendment
(Annual Registration Charge) Bill 2017
No. , 2017
(2) The person is liable to pay the National VET Regulator annual
1
registration charge imposed by Part 1A of the National Vocational
2
Education and Training Regulator (Charges) Act 2012, in relation
3
to the person's registration as mentioned in paragraph (1)(a) or (b)
4
for the financial year.
5
Note 1:
If the person is registered as mentioned in both paragraphs (1)(a) and
6
(b), the person is liable to pay a charge for each registration.
7
Note 2:
Different amounts of charge might be determined in different
8
circumstances under Part 1A of the National Vocational Education
9
and Training Regulator (Charges) Act 2012, for example:
10
(a) depending on the number of qualifications offered by a person
11
liable to pay the charge; or
12
(b) for registration under this Act and the Education Services for
13
Overseas Students Act 2000.
14
See subsection 33(3A) of the Acts Interpretation Act 1901.
15
(3) An annual National VET Regulator registration charge is due and
16
payable on:
17
(a) a date notified to the person by the National VET Regulator
18
that is no earlier than 30 days after the date of the
19
notification; or
20
(b) if the charge is payable by instalments--dates notified to the
21
person by the National VET Regulator, the first of which is
22
no earlier than 30 days after the date of the first notification.
23
(4) If the person's registration as mentioned in paragraph (1)(a) or (b)
24
ends during a financial year, the following proportion of the annual
25
National VET Regulator registration charge payable in relation to
26
that registration for that year is refundable to the person:
27
Number of whole months remaining in financial year
after the registration ends
12
28
(5) This section also applies in relation to a charge taken to have been
29
imposed on a person under section 6C of the National Vocational
30
Education and Training Regulator (Charges) Act 2012 (which
31
deals with the validation of annual registration fees charged for the
32
purposes of this Act).
33
Amendments Schedule 1
No. , 2017
National Vocational Education and Training Regulator Amendment
(Annual Registration Charge) Bill 2017
5
232B Recovery of charges
1
A charge imposed by the National Vocational Education and
2
Training Regulator (Charges) Act 2012 is recoverable as a debt
3
due to the Commonwealth in:
4
(a) the Federal Court; or
5
(b) the Federal Circuit Court; or
6
(c) a court of a State or Territory that has jurisdiction in relation
7
to the debt.
8
National Vocational Education and Training Regulator
9
(Transitional Provisions) Act 2011
10
4 At the end of the Act
11
Add:
12
Schedule 3--Transitional provision relating to
13
the National Vocational Education and
14
Training Regulator Amendment
15
(Annual Registration Charge) Act
16
2017
17
Note:
See section 3.
18
19
20
1 Cancellation of registration--saving
21
(1) This item applies to the amendment of subsection 39(1) of the
22
National Vocational Education and Training Regulator Act 2011
23
(the NVETR Act) by Schedule 1 to the National Vocational
24
Education and Training Regulator Amendment (Annual
25
Registration Charge) Act 2017 (the Amending Act).
26
(2) Despite the amendment of subsection 39(1) of the NVETR Act by
27
Schedule 1 to the Amending Act:
28
(a) subsection 39(1) of the NVETR Act, as in force immediately
29
before the commencement of Schedule 1 to the Amending
30
Act, continues to apply in relation to the failure of a person to
31
Schedule 1 Amendments
6
National Vocational Education and Training Regulator Amendment
(Annual Registration Charge) Bill 2017
No. , 2017
pay an annual registration fee required for the purposes of the
1
NVETR Act; and
2
(b) to the extent that the fee could not validly be determined
3
under an ASQA determination--that subsection (as so in
4
force) is taken to have applied, and to continue to apply, in
5
relation to the failure of a person to pay the fee (or a part of
6
the fee) purportedly required for those purposes.
7
Note:
Schedule 1 to the Amending Act commenced on 1 July 2017 (see
8
section 2 of the Amending Act).
9
(3) An annual registration fee is a fee in relation to a financial year,
10
payable by a person for the purposes of the NVETR Act:
11
(a) for registration under the NVETR Act as an NVR registered
12
training organisation; or
13
(b) for registration under the Education Services for Overseas
14
Students Act 2000 as a registered provider.
15
(4) An ASQA determination is a determination made before the
16
commencement of this section under subsection 232(1) of the
17
NVETR Act (as that subsection was in force at any time before that
18
commencement).
19
Note:
See the
Australian Skills Quality Authority instrument fixing fees
20
No. 1 of 2011 and the Australian Skills Quality Authority
21
Instrument Fixing Fees No. 1 of 2013.
22
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