Schedule 6 Savings, transitional and other provisions
(Section 102)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:This Act
Industrial Arbitration (Industrial and Commercial Training) Amendment Act 1989
Miscellaneous Acts (Industrial and Commercial Training) Amendment Act 1989
(2) Such a provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.(3) To the extent to which such a provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
Part 2 Provisions consequent on the enactment of the Industrial and Commercial Training Act 1989
(1) In this Part:the 1981 Act means the Apprenticeship Act 1981.
the 1985 Act means the Commerce and Industry Training Council Act 1985.
(2) The provisions of a regulation referred to in clause 1 shall, to the extent to which they consist of provisions of a savings or transitional nature consequent on the enactment of the Industrial and Commercial Training Act 1989, be taken to be included within this Part.
(1) Any proceedings that were pending before:(a) an apprenticeship training committee, or(b) the Industrial Commission, or(c) an industrial magistrate,before the commencement of this clause may be continued and completed, and any order may be made in those proceedings and shall (subject to this Part) be given effect to, as if this Act had not been enacted.(2) The provisions of this Part apply to and in respect of any order made, or anything done, by:(a) an apprenticeship training committee, or(b) the Industrial Commission, or(c) an industrial magistrate,in any such proceedings as if the order had been made, or the thing done, immediately before the commencement of this clause.
(1) For the purposes of any appeal proceedings, the decision of an apprenticeship training committee under the 1981 Act shall be taken to be a decision of the Board.(2) This clause does not apply to any appeal proceedings that were pending before the Industrial Commission before the commencement of this clause.
(1) The New South Wales Apprenticeship Council and the Commerce and Industry Training Council of New South Wales are abolished.(2) A reference in any Act or statutory instrument, or in any other document, to:(a) the New South Wales Apprenticeship Council, or(b) the Commerce and Industry Training Council of New South Wales,shall, on and from the commencement of this clause, be read as a reference to the Council constituted by section 7.
6 Apprenticeship training committees
(1) On the commencement of this clause:(a) each apprenticeship training committee established under the 1981 Act is dissolved, and(b) each member of any such committee shall become a member of the Board.(2) A person who becomes a member of the Board pursuant to this clause shall, subject to this Act, hold office as such for 3 years from the commencement of this clause.
(1) A person who was an apprenticeship supervisor under the 1981 Act immediately before the commencement of this clause shall be taken to be a training officer under this Act.(2) A reference in any Act or statutory instrument, or in any other document, to an apprenticeship supervisor shall, on and from the commencement of this clause, be read as a reference to a training officer.
An apprenticeship in force immediately before the commencement of this clause under Division 2 or 3 of Part 4 of the 1981 Act shall be taken to be an indentured apprenticeship or trainee apprenticeship, as the case may be, established under this Act.
A certificate issued under section 28 or 29 of the 1981 Act before the commencement of this clause, or issued under that section as a consequence of the operation of clause 3, shall be taken to be a craft certificate issued under section 43 of this Act.
10 Defence Force determinations
On and from the commencement of this clause:(a) a determination under section 35 of the 1981 Act shall be taken to be a determination under section 81 of this Act, and(b) an instrument filed under section 35 of the 1981 Act shall be taken to be an instrument filed under section 81 of this Act, and(c) a certificate issued under section 35 of the 1981 Act shall be taken to be a craft certificate issued under section 81 of this Act.
On and from the commencement of this clause, all regulations under the 1981 Act and the 1985 Act are repealed.
Evidence of any order, decision, ruling or determination made under the authority of the 1981 Act may, on and from the commencement of this clause, be given by the production of a copy thereof duly certified by the Commissioner.
13 Construction of references to repealed Acts
A reference in any Act or statutory instrument, or in any other document, to the 1981 Act or to the 1985 Act shall, on and from the date of assent to this Act, be read as including a reference to this Act.
14 The Director of Apprenticeship
A reference in any Act or statutory instrument, or in any other document, to the Director of Apprenticeship shall, on and from the commencement of this clause, be read as a reference to the Commissioner.
Part 3 Provisions consequent on the enactment of the Board of Vocational Education and Training Act 1994
In this Part:amending Act means the Board of Vocational Education and Training Act 1994.
(1) The Industrial and Commercial Training Council is dissolved.(2) The assets and liabilities of the Council become the assets and liabilities of the Crown.(3) A reference in any Act or instrument to the Industrial and Commercial Training Council is taken to include a reference to the Director-General.
17 Vocational training orders and guidelines
A vocational training order or vocational training guideline that was in force immediately before the commencement of this clause is taken to be a vocational training order or vocational training guideline in force under this Act, as amended by the amending Act.