AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203, 1992
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART 1-PRELIMINARY Section 1. Short title 2. Commencement 3. Objects 4. Interpretation PART 2-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN NATIONAL TRAINING AUTHORITY 5. Establishment of Australian National Training Authority 6. Functions of the Authority 7. Powers of the Authority 8. Ministerial Council directions to the Authority 9. Consultation 10. Committees PART 3-ALLOCATION AND PAYMENT OF FUNDS 11. Payments to the Authority by the Commonwealth 12. Payments to the Authority by States 13. Allocation of funds by the Authority 14. Payment of funds by the Authority 15. Benefits of allocations to be available without discrimination 16. Arrangements regarding payments to and by the Authority PART 4-REPORTING REQUIREMENTS 17. Annual audit reports to the Authority by States 18. Annual national report PART 5-FINANCE 19. Interpretation 20. Money of the Authority 21. Application of the Authority's money 22. Estimates of operating receipts and expenditure 23. Application of Division 3 of Part XI of the Audit Act PART 6-ADMINISTRATIVE PROVISIONS RELATING TO THE AUTHORITY Division 1-Membership etc. 24. Membership of the Authority 25. Appointment of members 26. Membership to be full-time or part-time 27. Term of appointment 28. Remuneration and allowances of members 29. Other benefits 30. Leave of absence 31. Resignation 32. Termination of appointment 33. Terms and conditions not provided for by Act 34. Acting appointments etc. Division 2-Meetings 35. Convening of meetings 36. Procedure at meetings 37. Conduct of meetings 38. Resolutions without formal meetings 39. Disclosure of interests PART 7-CHIEF EXECUTIVE OFFICER, STAFF AND CONSULTANTS Division 1-Chief Executive Officer 40. Appointment and functions of Chief Executive Officer 41. Remuneration and allowances 42. Other benefits 43. Leave of absence 44. Terms and conditions not provided for by Act Division 2-Staff and consultants 45. Staff of the Authority 46. Staff seconded to the Authority 47. Consultants PART 8-MISCELLANEOUS 48. No payment without appropriation 49. Delegation by the Authority 50. Change of name of the Authority 51. Regulations SCHEDULE A NATIONAL VOCATIONAL EDUCATION AND TRAINING SYSTEM AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - LONG TITLE
An Act to establish a national training authority with functions related to the funding of vocational education and training, and for related purposes AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - PART 1 PART 1-PRELIMINARY
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 1 Short title
(Assented to 21 December 1992)
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1. This Act may be cited as the Australian National Training Authority Act 1992. (Minister's second reading speech made in- House of Representatives on 4 November 1992 Senate on 12 November 1992) AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 2 Commencement
2. This Act commences on the day on which it receives the Royal Assent. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 3 Objects
3. 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 Statement; and (b) to promote that development in accordance with the planning and decision-making arrangements set out in the Statement. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 4 Interpretation
4.(1) In this Act, unless the contrary intention appears: "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 Statement; "member" means a member of the Authority; "Ministerial Council" means the Ministerial Council established in accordance with the Statement; "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 strategic plan" has the same meaning as in the Statement; "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 (a copy of which is set out in the Schedule) 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; "State training profile" has the same meaning as in the Statement; "VET funding" means money paid to the Authority under Part 3 of the Vocational Education and Training Funding Act 1992; "year" 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 Statement. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - PART 2 PART 2-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE AUSTRALIAN NATIONAL TRAINING AUTHORITY
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 5 Establishment of Australian National Training Authority
5.(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 (c) may acquire, hold and dispose of real and personal property; 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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 6 Functions of the Authority
6.(1) The Authority has the following functions: (a) to assist the Ministerial Council in the performance of the Council's functions under the Statement; and
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(b) to do anything required by this or another Act to be done by the Authority; and (c) to administer national programs. (2) Without limiting paragraph (1)(a), the functions conferred on the Authority by that paragraph include the following: (a) to prepare draft national strategic plans 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; (c) to recommend to the Ministerial Council the principles to be applied by the Authority in the allocation of funds; (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 training profiles for submission by the Authority to the Council in accordance with the Statement; (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 Statement. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 7 Powers of the Authority
7. The Authority has power to do anything necessary for, or reasonably incidental to, the performance of its functions. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 8 Ministerial Council directions to the Authority
8. 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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 9 Consultation
9. 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 (c) organisations or bodies representative of industries, employers or trade unions; and (d) other interested people, bodies or organisations. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 10 Committees
10.(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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - PART 3 PART 3-ALLOCATION AND PAYMENT OF FUNDS
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 11 Payments to the Authority by the Commonwealth
11. 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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 12 Payments to the Authority by States
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12. The Authority may receive money paid to it by a State. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 13 Allocation of funds by the Authority
13.(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 (c) money paid to the Authority by States in respect of that year. (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 section 14. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 14 Payment of funds by the Authority
14.(1) Subject to subsection (5), 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) In addition to funds allocated for expenditure of a capital nature or for expenditure on national programs or national projects, the amount paid by the Authority to a State in respect of a year must not be less than the sum of: (a) the amount paid by the State to the Authority in respect of the year; and (b) the amount (if any) of VET funding payable to the State as base funding in respect of the year. (4) The amount of VET funding payable to a State as base funding in respect of a year is: (a) in the case of the year 1994-an amount equal to the amount determined by the Minister in respect of the State under subsection 10(1) of the States Grants (TAFE Assistance) Act 1989 for the calendar year 1993; and (b) in the case of any other year-the total amount of VET funding paid to the State by the Authority in respect of the preceding year, excluding funds paid to the State by the Authority for expenditure on national projects or for expenditure of a capital nature. (5) The amount paid to a State in respect of a year ("the payment year") must not exceed the sum of the amounts referred to in subsection (3) unless the Ministerial Council has agreed to a State training profile for the State in respect of a period of years beginning with the payment year or in respect of a period comprising only that year.
(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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 15 Benefits of allocations to be available without discrimination
15. 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
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13 are, as far as practicable, available to students or trainees on a non-discriminatory basis. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 16 Arrangements regarding payments to and by the Authority
16.(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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - PART 4 PART 4-REPORTING REQUIREMENTS
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 17 Annual audit reports to the Authority by States
17.(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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 18 Annual national report
18.(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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - PART 5 PART 5-FINANCE
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 19 Interpretation
19. 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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 20 Money of the Authority
20. 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 (c) money received by the Authority under section 12; and (d) money paid to the Authority to meet its operating expenditure; and (e) any other money paid to the Authority. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 21 Application of the Authority's money
21.(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 (c) in providing, or paying for, any other benefits that are to be provided under this Act. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 22 Estimates of operating receipts and expenditure
22.(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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 23 Application of Division 3 of Part XI of the Audit Act
23. The Authority is a public authority to which Division 3 of Part XI of
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the Audit Act 1901 applies. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - PART 6 PART 6-ADMINISTRATIVE PROVISIONS RELATING TO THE AUTHORITY
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - DIVISION 1 Division 1-Membership etc.
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 24 Membership of the Authority
24.(1) The Authority consists of the following members: (a) a Chairperson; (b) a Deputy Chairperson; (c) 3 other members. (2) The Authority may perform its functions and exercise its powers so long as there are not more than 2 vacancies in its membership. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 25 Appointment of members
25. The members of the Authority are to be appointed by the Governor-General on the nomination of the Ministerial Council. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 26 Membership to be full-time or part-time
26. The members may be appointed on a full-time or part-time basis. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 27 Term of appointment
27. 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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 28 Remuneration and allowances of members
28.(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 (c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 29 Other benefits
29.(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 (c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (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 Authority. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 30 Leave of absence
30.(1) Subject to section 87E of the Public Service Act 1922, a (2) The Ministerial Council may grant a full-time member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise, as the Ministerial Council determines.
(3) If the Chairperson is appointed on a part-time basis, the Ministerial Council may grant the Chairperson leave of absence on such terms and conditions as the Ministerial Council determines.
(4) The Chairperson may grant a part-time member other than the Chairperson leave of absence on such terms and conditions as the Chairperson determines. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 31 Resignation
31. A member may resign by giving a signed notice of resignation to the Governor-General. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 32 Termination of appointment
32.(1) The Governor-General may terminate the appointment of a member for misbehaviour or for physical or mental incapacity.
(2) If a member:
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(a) is absent from three consecutive meetings of the Authority, except on leave granted under section 30; or (b) contravenes section 39 without reasonable excuse; the Governor-General may terminate the appointment of the member. (3) The Governor-General must not terminate the appointment of a member unless the Ministerial Council has, by resolution, recommended the termination of the member's appointment. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 33 Terms and conditions not provided for by Act
33. A member holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Ministerial Council. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 34 Acting appointments etc.
34.(1) The Deputy Chairperson is to act as the Chairperson: (a) during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to that office; or (b) during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any reason, unable to perform the duties of that office. (2) The Ministerial Council may appoint a person to act in the office of a member: (a) during a vacancy in that office, whether or not an appointment has previously been made to the office; or (b) during any period, or during all periods, when the member is absent from Australia or is, for any reason, unable to perform the duties of that office. (3) A person acting under this section during a vacancy is not to continue to act for more than 12 months.
(4) Nothing done by or in relation to a person purporting to act under this section is invalid on the ground that: (a) the occasion for the person's appointment to act had not arisen; or (b) there is a technical defect or irregularity in connection with the person's appointment; or (c) the person's appointment had ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - DIVISION 2 Division 2-Meetings
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 35 Convening of meetings
35.(1) The Authority is to hold such meetings as are necessary for the efficient performance of its functions. (2) The Chairperson: (a) may, at any time, convene a meeting of the Authority; and (b) must convene a meeting of the Authority if so requested in writing by 2 other members or if so directed by the Ministerial Council. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 36 Procedure at meetings
36.(1) The Chairperson is to preside at all meetings at which he or she is present. (2) If the Chairperson is not present at a meeting but the Deputy Chairperson is present, the Deputy Chairperson is to preside.
(3) At a meeting, 3 members constitute a quorum.
(4) At a meeting, all questions are to be decided by a majority of votes of the members present and voting.
(5) For the purpose of subsection (4), the majority of votes must consist of at least 3 members. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 37 Conduct of meetings
37.(1) Subject to this Division, the Authority may regulate proceedings at its meetings as it considers appropriate and is to keep minutes of those proceedings.
(2) Without limiting subsection (1), the Authority may permit members to participate in a particular meeting, or all meetings, by: (a) telephone; or (b) closed-circuit television; or (c) any other means of communication. (3) A member who is permitted to participate in a meeting under subsection (2) is to be regarded as being present at that meeting. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 38 Resolutions without formal meetings
38. Where the Authority so determines, a resolution is taken to have been carried at a meeting of the Authority if, without meeting, at least 3 members indicate agreement with the resolution according to the method determined by the Authority. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 39 Disclosure of interests
39.(1) A member who has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Authority must, as soon as possible after the relevant facts come to the member's knowledge, disclose the nature of the interest at a meeting of the Authority.
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(2) The disclosure is to be recorded in the minutes of the meeting and, unless the Ministerial Council otherwise determines, the member must not: (a) be present during any deliberation of the Authority in relation to the matter; or (b) take part in any decision of the Authority in relation to the matter. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - PART 7 PART 7-CHIEF EXECUTIVE OFFICER, STAFF AND CONSULTANTS
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - DIVISION 1 Division 1-Chief Executive Officer
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 40 Appointment and functions of Chief Executive Officer
40.(1) There is to be a Chief Executive Officer of the Authority, who is to be appointed by the Authority after consultation with the Ministerial Council. (2) The Chief Executive Officer is to manage the affairs of the Authority subject to the directions of, and in accordance with policies determined by, the Authority.
(3) All acts and things done, for the purposes of this Act, in the name of the Authority or on behalf of the Authority by the Chief Executive Officer are to be taken to have been done by the Authority. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 41 Remuneration and allowances
41.(1) The Chief Executive Officer is to be paid such remuneration as is determined by the Remuneration Tribunal.
(2) If no determination of the Remuneration Tribunal is in force, the Chief Executive Officer is to be paid such remuneration as is determined by the Chairperson of the Ministerial Council.
(3) The Chief Executive Officer is 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 in accordance with a resolution of the Ministerial Council; and (b) must be in writing signed by the Chairperson of the Council; and (c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (5) Remuneration and allowances payable to the Chief Executive Officer 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. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 42 Other benefits
42.(1) In addition to remuneration and allowances under section 41, the Chief Executive Officer 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 in accordance with a resolution of the Ministerial Council; and (b) must be in writing signed by the Chairperson of the Council; and (c) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. (3) The benefits in respect of which a determination may be made are such benefits as the Ministerial Council considers necessary or desirable to assist the Chief Executive Officer in, or place the Chief Executive Officer in a position that may facilitate, the performance of his or her functions.
(4) Benefits provided to the Chief Executive Officer under this section are to be provided, or paid for, out of the money of the Authority. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 43 Leave of absence
43.(1) Subject to section 87E of the Public Service Act 1922, the Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Authority may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Authority determines. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 44 Terms and conditions not provided for by Act
44. The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, from time to time, by the Ministerial Council. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - DIVISION 2 Division 2-Staff and consultants
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 45 Staff of the Authority
45.(1) The Authority is to be assisted by a staff in accordance with this Division.
(2) The Authority may employ under a written agreement or written agreements such persons as the Authority thinks necessary for the performance or exercise of its powers or functions.
(3) The terms and conditions of an agreement made for the purposes of
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subsection (2) are to be consistent with such guidelines (if any) as the Ministerial Council determines from time to time. (4) The Authority's staff may also include persons appointed or employed under the Public Service Act 1922.
(5) The Chief Executive Officer has all the powers of, or exercisable by, a Secretary under the Public Service Act 1922, so far as those powers relate to the branch of the Australian Public Service comprising the persons referred to in subsection (4) as if that branch were a separate Department of the Australian Public Service.
(6) If: (a) the Authority notifies a person that he or she has been selected to become a member of its staff; and (b) the person is an officer of the Australian Public Service; the person may inform the Authority in writing that he or she elects to become a member of the Authority's staff by means of an appropriate procedure under the Public Service Act 1922 or the Public Service Regulations. (7) The Authority must, as far as possible, give effect to an election under subsection (6). AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 46 Staff seconded to the Authority
46.(1) The Authority may be assisted by: (a) officers and employees of Departments of the Australian Public Service, and of authorities of the Commonwealth, whose services are made available to the Authority in connection with the performance or exercise of any of its functions or powers; and (b) persons whose services are made available under arrangements made under subsection (2). (2) The Authority may make with the appropriate authority or officer of a State an arrangement under which the State may make officers or employees available to the Authority to perform services in connection with the performance or exercise of any of the Authority's functions or powers. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 47 Consultants
47.(1) The Authority may engage persons with suitable qualifications and experience as consultants to the Authority.
(2) The terms and conditions of engagement of a consultant are to be in accordance with such determinations (if any) as the Ministerial Council makes for the purposes of this subsection. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - PART 8 PART 8-MISCELLANEOUS
AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 48 No payment without appropriation
48. Nothing in this Act authorises the Authority to pay VET funding to a State in respect of a year unless money has been appropriated by the Parliament for allocation under this Act, in respect of that year, among States that include the first-mentioned State. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 49 Delegation by the Authority
49.(1) Subject to subsection (2), the Authority may delegate all or any of its functions and powers under this Act to: (a) a member; or (b) a member of the staff of the Authority; or (c) an officer or employee of the Commonwealth; or (d) an officer or employee of a State; or (e) an authority of the Commonwealth or of a State. (2) A delegation under subsection (1) does not have effect unless: (a) it is in accordance with guidelines laid down by the Ministerial Council; or (b) it has been approved by the Ministerial Council. (3) For the purposes of this section, the following are members of the staff of the Authority: (a) the Chief Executive Officer; (b) a member of the staff referred to in section 45; (c) any of the officers, employees or persons who, under section 46, are to assist the Authority. AUSTRALIAN NATIONAL TRAINING AUTHORITY ACT 1992 No. 203 of 1992 - SECT 50 Change of name of the Authority
50.(1) The regulations may change the name of the Authority. (2) On and from the commencement of regulations made for the purpose of subsection (1): (a) the Authority is to be known by the new name provided by the regulations; and (b) this Act is to be read as if wherever the name "Australian National Training Authority" occurs, the new name were substituted. (3) Subsection 25B(1) of the Acts Interpretation Act 1901 applies as if regulations made for the purpose of subsection (1) of this section were an Act.