Schedule 4 Savings, transitional and other provisions
(Section 84)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Act
(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 enactment of Apprenticeship and Traineeship Act 2001
In this Part:the 1989 Act means the Industrial and Commercial Training Act 1989.
A function that, immediately before the commencement of this clause, was delegated by the Commissioner under section 15 of the 1989 Act is taken to have been delegated under section 58 of this Act.
(1) The Vocational Training Tribunal established under this Act is a continuation of the Vocational Training Board established under the 1989 Act.(2) Each person who, immediately before the commencement of this clause, was a member of the Vocational Training Board under the 1989 Act is taken to have been appointed as a member of the Vocational Training Tribunal under this Act for the balance of his or her term of office as a member of the Vocational Training Board under the 1989 Act.
A person who, immediately before the commencement of this clause, was a training officer under the 1989 Act is taken to have been appointed as an industry training officer under this Act.
6 Declared trades and callings
(1) A vocation that, immediately before the commencement of this clause, was a declared trade under the 1989 Act is taken to be a recognised trade vocation under this Act.(2) A vocation that, immediately before the commencement of this clause, was a declared calling under the 1989 Act is taken to be a recognised traineeship vocation under this Act.
A vocational training order that, immediately before the commencement of this clause, was in force under the 1989 Act is taken to have been made under this Act.
8 Vocational training guidelines
A vocational training guideline that, immediately before the commencement of this clause, was in force under the 1989 Act is taken to have been issued under this Act.
9 Applications for establishment of apprenticeships and traineeships
An application for the establishment of an apprenticeship or traineeship that had not been finally determined under the 1989 Act before the commencement of this clause is to be dealt with under the 1989 Act as if this Act had not been enacted and, for that purpose, the Vocational Training Tribunal may exercise the functions of the Vocational Training Board under the 1989 Act.
10 Vocational training directions
A vocational training direction under the 1989 Act is taken to be a vocational training direction under this Act.
11 Application of sections 12 and 19
(1) Section 12 (3) of this Act extends to any time during which an employer has employed a person as an apprentice or trainee before the commencement of that subsection.(2) Section 19 of this Act extends to any time during which an apprentice or trainee has attended a relevant registered training organisation, in relation to his or her apprenticeship or traineeship, before the commencement of that section.
12 Apprenticeships and traineeships
(1) A trainee apprenticeship under the 1989 Act (including a trainee apprenticeship arising under clause 9) is taken to be a trainee apprenticeship under this Act.(2) An indentured apprenticeship under the 1989 Act (including an indentured apprenticeship arising under clause 9) is taken to be a full apprenticeship under this Act.(3) A traineeship under the 1989 Act (including a traineeship arising under clause 9) is taken to be a traineeship under this Act.
Any application for the assignment or variation of an apprenticeship or traineeship that had not been finally determined under the 1989 Act before the commencement of this clause is to be dealt with under the 1989 Act as if this Act had not been enacted and, for that purpose, the Vocational Training Tribunal may exercise the functions of the Vocational Training Board under the 1989 Act.
Any craft certificate, certificate of completion or certificate of proficiency granted under the 1989 Act is taken to be the corresponding craft certificate, certificate of completion or certificate of proficiency under this Act.
Any complaint that had not been finally determined under the 1989 Act before the commencement of this clause is to be dealt with under the 1989 Act as if this Act had not been enacted and, for that purpose, the Vocational Training Tribunal under this Act may exercise the functions of the Vocational Training Board under the 1989 Act.
16 Determination of complaints
Any determination of the Vocational Training Board under Part 4 or 5 of the 1989 Act is taken to be a determination by the Vocational Training Tribunal under Part 4 or 3, respectively, of this Act.
(1) The Appeal Panel established under this Act is a continuation of the Appeal Panel established under the 1989 Act.(2) Each person who, immediately before the commencement of this clause, was a member of the Appeal Panel under the 1989 Act is taken to have been appointed as a member of the Appeal Panel under this Act for the balance of his or her term of office as a member of the Appeal Panel under the 1989 Act.
Any appeal that had not been finally determined under the 1989 Act before the commencement of this clause is to be dealt with under the 1989 Act as if this Act had not been enacted and, for that purpose, the Appeal Panel under this Act may exercise the functions of the Appeal Panel under the 1989 Act.
Any determination of the Appeal Panel under Part 6 of the 1989 Act is taken to be a determination by the Appeal Panel under Part 5 of this Act.
20 Certificates of identification
Any certificate of identification under section 89 of the 1989 Act is taken to be a certificate of identification under section 67 of this Act.
Any search warrant under section 90 of the 1989 Act is taken to be a search warrant under section 68 of this Act.
Any evidentiary certificate under section 96 of the 1989 Act is taken to be an evidentiary certificate under section 76 of this Act.
Any regulation in force under the 1989 Act immediately before the commencement of this clause is taken to have been made under this Act, and may be amended or repealed accordingly.
Subject to the regulations, in any Act or instrument:(a) a reference to the 1989 Act extends to this Act, and(b) a reference to a provision of the 1989 Act for which there is a corresponding provision in this Act extends to the corresponding provision of this Act, and(c) a reference to any act, matter or thing referred to in a provision of the 1989 Act for which there is a corresponding provision in this Act extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act.
Subject to the regulations:(a) anything begun before the commencement of this clause under a provision of the 1989 Act for which there is a corresponding provision in this Act may be continued and completed under the 1989 Act as if this Act had not been enacted, and(b) subject to paragraph (a), anything done under a provision of the 1989 Act for which there is a corresponding provision in this Act (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act.
Part 3 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2003
26 Notification of determinations
Sections 18 (2), 20 (6A) and 21 (6A), as inserted by the Statute Law (Miscellaneous Provisions) Act 2003, extend to an application made, but not finally determined, under the section concerned before its amendment by that Act.