Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834596962.pdf (New Zealand)
Industry Training and Apprenticeships Amendment Bill Government Bill Explanatory note General policy statement The Government reviewed industry training over the period 2011 to 2012 to consider the extent to which the industry training sys- tem delivered the skills to maximise the productive potential of New Zealand industries and the employment and earnings of people in the workforce.
The review found that changes were needed to ensure the industry training system, which includes apprenticeship training,— is well-connected to industry, with high employer buy-in; and • is educationally sound; and • • is coherent with the wider tertiary system; and delivers value for money for employers and the Government.

• The Industry Training and Apprenticeships Amendment Bill (the Bill) makes the amendments required to implement the findings of the review.
The public policy objectives of the Bill are to— • establish a comprehensive apprenticeship system that provides the same level of support to all apprentices, regardless of age; and 151—1 2 • • • Industry Training and Apprenticeships Amendment Bill Explanatory note focus Industry Training Organisations (ITOs) on 2 key func- tions: setting skill standards for their industries and arranging training; and clarify the functions and powers of the New Zealand Qualifi- cations Authority (NZQA) in relation to ITOs; and include criteria relating to quality assurance in the process by which the responsible Minister recognises an organisation as an ITO.
The Bill makes substantive amendments to 3 statutes.

It amends the Industry Training Act 1992, repeals the Modern Apprenticeship Training Act 2000, and amends the Education Act 1989 in relation to the NZQA’s powers to make rules and charge fees.
Apprenticeship training In order to locate the critical aspects of law relating to industry train- ing and apprenticeships within 1 statute, the Bill repeals the Modern Apprenticeship Training Act 2000 and amends the Industry Training Act 1992 so that it— • defines apprenticeship training and removes the existing age- restriction for apprenticeship training; and defines the functions of the Tertiary Education Commission (TEC) in relation to apprenticeship training; and prescribes the duties and responsibilities of organisations, in- cluding ITOs, that arrange apprenticeship training; and allows the responsible Minister to issue a code of practice for apprenticeship training, to set guidelines for organisations that arrange apprenticeship training, employers, and apprentices.
This code would be a disallowable instrument, but not a legis- lative instrument, for the purposes of the Legislation Act 2012.

• • • The responsibilities of ITOs The Bill removes ITOs’ skills-leadership function.

This function cur- rently entails identifying current and future skill needs in an indus- try, developing strategic training plans, and promoting training that will meet those needs to employers and employees.
Removing ITOs’ skills-leadership function allows other organisations, such as indus- try associations, to take a greater role in communicating demand and Explanatory note Industry Training and Apprenticeships Amendment Bill 3 supply of skills to government agencies.

However, ITOs can con- tinue this role if they wish.
The Bill specifies that ITOs’ core activities are to develop and main- tain— • skill standards to be used in the assessment of trainees in in- dustry training; and arrangements for the delivery of industry training that will en- able trainees to achieve the relevant listed skill standards.

• The Bill requires ITOs to have particular regard to the needs of Māori and other priority population groups, when developing and maintain- ing arrangements for the delivery of industry training.
ITOs will con- tinue to be required to make arrangements for the collective represen- tation of employees in their governance.

Under section 10(2)(b) of the Industry Training Act 1992, ITOs may not seek funding to deliver training.

This prohibition will continue, but the Bill clarifies that ITOs are not permitted to own, or be benefi- cial owners of, registered private training establishments.
Otherwise an ITO could have a conflict of interest, and direct trainees to the training establishment in which it has an interest, rather than offering employers the training that best meets business and trainee needs.

Clarifying the functions and powers of the NZQA in relation to ITOs The quality assurance framework for ITOs is currently weaker than for other tertiary education organisations.
The framework currently lacks a graduated regime of regulatory sanctions to address inad- equate performance by an ITO in performing its functions or meeting quality assurance requirements.
To address this, the Bill gives the NZQA powers to— • prescribe quality assurance requirements for ITOs, in the form of rules made under section 253 of the Education Act 1989; and issue quality assurance improvement notices to address any poor practice by ITOs that is leading to poor educational out- comes; and issue compliance notices in response to non-compliance with a quality assurance improvement notice or with prescribed qual- ity assurance requirements; and • • 4 • Industry Training and Apprenticeships Amendment Bill Explanatory note recommend that the Minister impose a new condition on an ITO’s recognition, or amend an existing condition, if an ITO has not complied with a quality assurance improvement notice or a compliance notice.
In order to carry out its new powers in relation to the quality assur- ance of ITOs, the NZQA gains additional functions to— • promote, through the exercise of its powers, compliance by ITOs with the prescribed quality assurance requirements; and monitor the quality and results of an ITO’s moderation system and procedures for vocational training.

• As the NZQA operates on a cost-recovery model, the Bill allows the NZQA to charge ITOs fees for its new quality assurance activities.
The Bill also allows the NZQA to charge ITOs an annual fee to re- cover the costs of carrying out quality assurance monitoring and com- pliance activities in relation to industry training generally.

Including quality assurance criteria in the recognition process for ITOs Section 6 of the Industry Training Act 1992 requires the responsible Minister to consult the NZQA before recognising an ITO.
However, the Act does not specify on what matters the NZQA must be con- sulted and does not require an organisation to satisfy any particular quality assurance standards in order to be recognised as an ITO.

Furthermore, the current regulation of ITO recognition only allows for the responsible Minister to provisionally recognise an ITO, or cancel its recognition, in response to unsatisfactory performance.
These regulatory tools are not sufficiently responsive to guaran- tee that any issues with organisational quality will be addressed promptly.
The Bill amends the Industry Training Act 1992 so that— • the responsible Minister must consult the NZQA on whether an applicant organisation has the capability to meet the NZQA’s prescribed quality assurance criteria for ITOs; and the responsible Minister may impose or amend any conditions on an ITO’s recognition; and ITOs must comply with any conditions on their recognition, and with any applicable prescribed quality assurance criteria.
• • Explanatory note Industry Training and Apprenticeships Amendment Bill 5 Departmental disclosure statement The Ministry of Education is required to prepare a disclosure state- ment to assist with the scrutiny of this Bill.

It provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of tion.govt.nz/disclosure.aspx?type=bill&subtype=govern- ment&year=2013&no=151&.
the statement can be found at http://legisla- Regulatory impact statement The Ministry of Education produced a regulatory impact statement on 21 March 2013 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

The structure of this regulatory impact statement has since been revised, although the content is unchanged.
A copy of this regulatory impact statement can be found at— • http://www.minedu.govt.nz/theMinistry/PublicationsAn- dResources/RIS.aspx http://www.treasury.govt.nz/publications/informationre- leases/ris • Clause by clause analysis Clause 1 is the title clause.

Clause 2 relates to commencement and provides that the Bill comes into force on the day after Royal assent.

Clause 3 provides that the Bill amends the Act previously known as the Industry Training Act 1992 (the Act).
Clause 4 repeals the Long Title of the Act.

Those parts of the Long Title that are still relevant are included in new section 1A, which states the purpose of the Act.

Clause 5 changes the Title of the Act to the Industry Training and Apprenticeships Act 1992.

Clause 6 amends section 1 of the Act to reflect the change to the Title of the Act.

Clause 7 inserts new section 1A into the Act, which states the pur- poses of the Act.
The main purposes of the Act are to provide for the recognition and funding of industry training organisations and to 6 Industry Training and Apprenticeships Amendment Bill Explanatory note encourage and improve industry training (including apprenticeship training).

Clause 8 amends section 2 of the Act, which is the interpretation sec- tion.
This clause adds new defined terms to the Act, including terms relating to apprenticeship training, funding agreements for organisa- tions other than ITOs, and the new functions of the NZQA.

It also repeals redundant definitions.

Clause 9 replaces section 3 of the Act, which provides that a con- tract relating to industry training has effect as part of the trainee’s employment agreement.
New section 3 is substantially the same as the existing section 3, but it now explicitly includes apprenticeship training agreements.

Clause 10 inserts a new section 4A into the Act, which refers to new Schedule 1AA of the Act.

New Schedule 1AA contains savings and transitional provisions relating to amendments made to the Act after 1 January 2014.

Clause 11 replaces sections 5 to 8 of the Act, which relate to the recognition of ITOs, with new sections 5 to 8.
New section 5 provides that the responsible Minister may recognise an industry training organisation by notice in the Gazette.

Before recognising an organisation, the responsible Minister must be satis- fied that the organisation is capable of carrying out the core activ- ities of an industry training organisation (described in new section 11B(1)(a)) and of complying with the quality assurance requirements prescribed by the NZQA.
The responsible Minister is also required to take into account the matters set out in new section 7.

New section 6 deals with applications for recognition as an ITO.

An application must be accompanied by a fee (prescribed in rules) payable to the NZQA.

The responsible Minister is not required to consider an application if the applicant fails to provide within 30 days information requested by the NZQA or TEC in relation to the appli- cation.

New section 7 is similar to the existing section 7.
It lists the matters that the responsible Minister must take into account before recognis- ing an ITO, including— (a) whether the organisation provides, or will provide, services to a sufficient number of employers in the industry for which it seeks recognition (the specified industry); and Explanatory note Industry Training and Apprenticeships Amendment Bill 7 (b) (c) the need to avoid unnecessary duplication of resources in pro- viding industry training for the specified industry; and whether the organisation has performed satisfactorily in the past.
New section 8 allows the Minister to grant provisional recognition to an organisation even if he or she is not satisfied that the organ- isation is capable of meeting the quality assurance requirements pre- scribed by the NZQA.

In granting provisional recognition, the Min- ister must specify the actions that the organisation must take in order to be recognised under new section 5.

Provisional recognition may only be granted for up to 3 years (compared to 5 years for general recognition).
Clause 12 amends section 9 of the Act, which relates to the cancella- tion of the recognition of an ITO.

Subclause (2) inserts a new ground for cancellation, namely that the Minister may cancel an ITO’s recog- nition if it breaches the requirement in new section 11E (which pro- hibits an ITO from holding an interest in a private training establish- ment).
Subclause (3) amends an existing ground for cancellation, by updating the circumstances in which a notice may be issued so that they reflect the new obligations arising from this Bill (including the obligations to comply with the NZQA’s quality assurance require- ments and any conditions of recognition).

Clause 13 inserts a new cross-heading after section 9 of the Act.

Clause 14 makes minor amendments to section 10 of the Act.
Sub- clause (3) adds apprenticeship training activities to the list of activ- ities for which an ITO may receive funding from the TEC.

The ap- prenticeship training activities are set out in new section 13D(2).

If an ITO is funded to carry out apprenticeship training activities, then it must carry out all of those activities.
Clause 15 inserts new sections 11A to 11F into the Act, which relate to the funding of industry training and the obligations of industry train- ing organisations (including the enforcement of those obligations).

New section 11A allows the TEC to enter into funding agreements to fund persons other than ITOs (non-ITOs) to perform certain industry training activities.

Non-ITOs may receive funding for arranging the delivery of industry training and for some apprenticeship training activities.
However, only ITOs may receive funding for developing skill standards.

8 Industry Training and Apprenticeships Amendment Bill Explanatory note New section 11B provides that an ITO must carry out 1 or both of the core activities (whether or not it receives funding for those activities).
The core activities are— (a) developing and maintaining skill standards to be listed on the Directory of Assessment Standards (which lists standards ap- proved by the NZQA); and developing and maintaining arrangements for the delivery of industry training that will enable trainees to achieve the rele- vant standards.

(b) New section 11B also includes the obligations of an ITO to comply with any conditions of recognition and the quality assurance require- ments prescribed by the NZQA.
Lastly, it includes the requirement that an ITO develop and maintain arrangements for the collective rep- resentation of employees (this is described in the Act as an activity for which an ITO may receive funding, but is better characterised as an obligation).

New section 11C provides that the NZQA may issue a quality assur- ance improvement notice to an ITO setting out the NZQA’s concerns with the ITO’s systems, practices, training, or procedures.
This may lead to a compliance notice being issued if the NZQA’s concerns are not addressed.

However, nothing prevents the NZQA from issuing a compliance notice without issuing a quality assurance improvement notice under new section 11C (see new section 11D(4)).

New section 11D empowers the NZQA to issue a compliance no- tice to an ITO to require the organisation to do, or refrain from do- ing, a particular thing in relation to a quality assurance requirement prescribed by NZQA.
If an ITO fails to comply with the notice, the NZQA may recommend that the responsible Minister issue a notice under section 9 (which can lead to cancellation of the ITO’s recogni- tion if its performance does not improve).

Alternatively, the NZQA can recommend that the Minister impose a new condition of recogni- tion of the ITO.

Failure to comply with the condition of recognition may lead to a notice being issued under section 9, and, subsequently, cancellation of recognition.
New section 11E prohibits an ITO from operating or holding any in- terest in a private training establishment.

A breach of this require- ment will be grounds for cancellation under section 9.

However, subsection (2) provides that no action may be taken under section 9 within 12 months of new section 11E coming into force.
Explanatory note Industry Training and Apprenticeships Amendment Bill 9 New section 11F allows the NZQA to prescribe an annual fee, payable by ITOs, to enable the NZQA to recover the costs of carrying out its compliance functions under the Act.

Clause 16 replaces section 13 of the Act with new sections 13, 13A, and 13B.

New section 13 sets out the TEC’s functions under the Act.
This sec- tion is substantially the same as the existing section 13, except that it excludes the, now obsolete, functions relating to apprenticeship contracts, technicians contracts, and programmes recognised under section 18.
It also includes new functions in relation to apprentice- ships, which are similar to the TEC’s functions under section 12 of the Modern Apprenticeship Training Act 2000, except that the TEC is no longer required to find a new employer for apprentices who can- not continue training with their current employer.

This function will instead be carried out by ITOs (see new section 13E(2)).

New section 13A sets out the NZQA’s functions under the Act.
The first of the NZQA’s functions is to monitor compliance, and to ad- dress non-compliance, by ITO’s with the quality assurance require- ments prescribed by the NZQA.

The second function is to monitor the quality and results of an ITO’s system and procedures for mod- eration of vocational training.

New section 13B sets out some of the matters that the quality assur- ance requirements prescribed by the NZQA may relate to.
The qual- ity assurance requirements will be prescribed in rules made under section 253 of the Education Act 1989 ( see clause 25).

Clause 17 inserts new Part 2A into the Act, which relates to appren- ticeship training.

New section 13C defines apprenticeship training.

Apprenticeship training is a type of industry training that is provided for a person who is working in the industry to which the training relates and is carried out wholly or partly at the person’s place of work.
It consists of a programme of study or training, or both, leading to a qualifica- tion in the skills of the industry.

New section 13D provides that an ITO seeking funding from the TEC for apprenticeship training activities must specify how it intends to carry out each of those activities.
New subsection (2) sets out the apprenticeship training activities, which include— (a) promotion of apprenticeship training; and 10 (b) (c) Industry Training and Apprenticeships Amendment Bill Explanatory note helping prospective apprentices enter into apprenticeship training agreements; and producing, and facilitating the implementation of, individual training plans for apprentices.

New section 13E sets out the obligations of persons carrying out ap- prenticeship training activities.
The obligations are to comply with the apprenticeship training code (issued under new section 13F) and to advise prospective apprentices who are under 18 to seek independ- ent advice before entering into an apprenticeship training agreement.

An ITO carrying out apprenticeship training activities has an addi- tional obligation that does not apply to a non-ITO.

The additional obligation arises if it becomes aware that an apprentice is unable to continue their apprenticeship training with their employer.
The ITO is required to try to find a new employer with whom an apprentice can complete their training.

This is currently an obligation of the TEC under section 12 of the Modern Apprenticeship Training Act 2000.

New section 13F provides for the Minister to issue an apprentice- ship training code to set guidelines for employers, apprentices, and persons carrying out apprenticeship training activities.
This section largely re-enacts provisions from sections 20, 21, and 26 of the Mod- ern Apprenticeship Training Act 2000, except that the approved code of practice has been re-named as an apprenticeship training code.

New section 13G requires the TEC to make the apprenticeship train- ing code available at every office of the TEC and on the TEC’s Inter- net site.

New section 13H re-enacts section 7 of the Modern Apprenticeship Training Act 2000.
New section 13H requires the apprenticeship training code to be taken into account by mediators, the Employment Relations Authority, and the Employment Court.

New section 13I provides that the apprenticeship training code is a disallowable instrument for the purposes of the Legislation Act 2012, which means it must be presented to the House of Representatives under section 41 of that Act.

Clause 18 repeals Part 3 of the Act.


Part 3 repealed the Technicians Training Act 1967 and the Apprenticeship Act 1983 and provides transitional and savings provisions relating to those Acts, which are now redundant.

Explanatory note Industry Training and Apprenticeships Amendment Bill 11 Clause 19 amends section 29 of the Act, which relates to a levy that may be imposed by Order in Council and collected by ITOs.

No Orders in Council have ever been made to impose this levy.
The amendment means that a levy may no longer be imposed to meet the costs to an ITO of providing leadership in matters relating to skill and training needs in the industry for which the ITO is recognised.

The levy may still be imposed to meet the costs associated with develop- ing skill standards for that industry.

Clause 20 repeals the Modern Apprenticeship Training Act 2000.

The Bill inserts the main provisions from that Act into the Act with some amendments).
This includes provisions relating to the func- tions of the TEC, the status of an apprenticeship training agreement, the responsible Minister’s power to issue a code of practice, and other associated provisions.

New Schedule 1AA of the Act contains transi- tional and savings provisions allowing apprenticeship training agree- ments and funding agreements entered into under the Modern Ap- prenticeship Training Act 2000 to continue until 31 December 2017.
Clauses 21 and 22 provide for the savings and transitional provisions contained in new Schedule 1AA of the Act (set out in Schedule 1 of this Bill).

Clause 23 provides for the consequential amendments contained in Schedule 2.

Clause 24 states that Part 2 amends the Education Act 1989.

Clause 25 amends section 253 of the Education Act 1989 to empower the NZQA to make rules prescribing quality assurance requirements for industry training organisations.
Clause 26 amends section 254 of the Education Act 1989 to empower the NZQA to charge fees for quality assurance activities undertaken in accordance with its functions under the Industry Training and Apprenticeships Act 1992.

Clause 26 also empowers the NZQA to charge an application fee to a body corporate applying for recog- nition as an ITO.

Schedule 1 sets out new Schedule 1AA, which contains transitional and savings provisions relating to the Modern Apprenticeship Train- ing Act 2000.
Clauses 2 and 3 provide that apprenticeship training agreements and funding agreements entered into under that Act con- tinue until the close of 31 December 2017.

Clause 4 empowers the TEC to issue certain directions to ITOs or apprenticeship co-ordin- 12 Industry Training and Apprenticeships Amendment Bill Explanatory note ators to enable an apprentice to continue their training or undertake suitable alternative training.
Clauses 5 and 6 relate to applications received, and notices issued, under the Industry Training Act 1992 before this Bill is passed.

Schedule 2 makes consequential amendments to other Acts and regu- lations.

These include amendments to the Minimum Wage Act 1983 and the Minor’s Contract Act 1969, which repeal sections that relate to apprenticeship contracts (a term that is now redundant).
Hon Steven Joyce Industry Training and Apprenticeships Amendment Bill Government Bill Contents Title Commencement Principal Act amended Part 1 Amendments to principal Act Purpose Long Title repealed Name of principal Act changed Section 1 amended (Short title and commencement) New section 1A inserted (Purpose) 1A Section 2 amended (Interpretation) Section 3 replaced (Training contracts to have effect as employment agreements) 3 Training contracts and apprenticeship training agreements part of employment agreement New section 4A inserted (Savings and transitional provisions relating to amendments to Act) 4A Savings and transitional provisions relating to amendments to Act Sections 5 to 8 replaced Industry training organisations 151—1 Page 3 3 4 4 4 4 4 4 5 6 6 6 6 6 1 Industry Training and Apprenticeships Amendment Bill 5 6 7 Minister may recognise industry training organisations Application for recognition as industry training organisation Matters that Minister must take into account before organisation recognised Provisional recognition 8 Section 9 amended (Expiry and cancellation of recognition) New cross-heading inserted Section 10 amended (Industry training organisation’s proposed plan must identify activities for which it seeks funding) New sections 11A to 11F and cross-heading inserted 11A Persons other than industry training organisations may receive funding for industry training Obligations of industry training organisations 11B 11C 11D 11E Obligations of industry training
 organisations Qualifications Authority may issue quality assurance improvement notice Qualifications Authority may issue compliance notice Industry training organisations not to operate registered private training establishments Annual fee 11F Section 13 replaced (Additional functions of Commission) Functions of Commission and Qualifications Authority 13 13A 13B Additional functions of Commission Additional functions of Qualifications Authority Qualifications Authority may prescribe quality
 assurance requirements 17 New Part 2A inserted Part 2A Apprenticeship training 13C 13D 13E Apprenticeship training defined Apprenticeship training activities must be included in proposed plan Obligations of persons carrying out apprenticeship training activities 2 7 7 8 9 9 10 10 10 10 11 12 12 13 13 14 14 15 15 15 15 16 17 Industry Training and Apprenticeships Amendment Bill cl 2 Apprenticeship training code 13F Minister may issue code 13G 13H Availability of apprenticeship training code Apprenticeship training code to be taken into account by mediation personnel, Employment Relations Authority, and Employment Court Application of Legislation Act 2012 to code 13I Part 3 repealed Section 29 amended (Purposes for which levy may be required) Repeal of Modern Apprenticeship Training Act 2000 New section 53 and cross-heading inserted Savings and transitional provisions 53 Savings and transitional provisions relating to amendments to Act New Schedule 1AA inserted Consequential amendments Part 2 Amendments to Education Act 1989 Principal Act Section 253 amended (Rules) Section 254 amended (Fees) Schedule 1 New Schedule 1AA inserted Schedule 2 Consequential amendments 26 17 18 18 18 19 19 19 19 19 19 19 20 20 20 21 24 The Parliament of New Zealand enacts as follows: 1 2 Title This Act is the Industry Training and Apprenticeships Amend- ment Act 2013.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

5 3 cl 3 3 4 5 Industry Training and Apprenticeships Amendment Bill Principal Act amended This Act amends the Act that was previously called the Indus- try Training Act 1992 (the principal Act).

Part 1 Amendments to principal Act 5 Long Title repealed Repeal the Long Title.
Name of principal Act changed As from the commencement of this section,— (a) (b) the Industry Training Act 1992 is called the Industry 10 Training and Apprenticeships Act 1992: every reference in any enactment and in any document to the Industry Training Act 1992 must, unless the con- text otherwise provides, be read as a reference to the Industry Training and Apprenticeships Act 1992.

15 6 (1) (2) Section 1 amended (Short title and commencement) In the heading to section 1, delete “Short”.
In section 1(1), replace “may be cited as the Industry Training Act 1992” with “is the Industry Training and Apprentice- ships Act 1992”.
20 7 New section 1A inserted (Purpose) After the Part 1 heading, insert: “1A Purpose The purpose of this Act is to— “(a) provide for the recognition and funding of organisations 25 (to be known as industry training organisations) to de- velop skill standards for, and administer the delivery of, industry training; and encourage and improve industry training; and encourage and help people to take up and complete ap- 30 prenticeship training; and “(d) provide for other related matters.” “(b) “(c) 4 8 (1) (2) (3) (4) (5) (6) Industry Training and Apprenticeships Amendment Bill Part 1 cl 8 15 10 Section 2 amended (Interpretation) In section 2, repeal the definitions of apprenticeship con- tract, technician’s contract, technicians’ determination, and training board.
In section 2, definition of industry, paragraph (b), delete 5 “;—”.

In section 2, definition of industry, delete “and, in relation to any industry training organisation, means the industry in respect of which the organisation is for the time being recog- nised”.

In section 2, definition of industry training, after “systematic training,”, insert “including apprenticeship training,”.

In section 2, definition of qualifications authority, replace “qualifications authority” with “Qualifications Authority”.
In section 2, insert in their appropriate alphabetical order: “apprentice means a person receiving apprenticeship training “apprenticeship training has the meaning given to it by sec- tion 13C “apprenticeship training agreement means an agreement between an employee and his or her employer that relates to 20 the employee’s receipt of, or provides for the employee to receive, apprenticeship training “apprenticeship training code means the code of practice (if any) for the time being issued under section 13F “condition of recognition means a condition imposed by the 25 Minister under section 5(2) or (5)(b) “Directory of Assessment Standards means the Directory of Assessment Standards described in section 248A of the Edu- cation Act 1989 “funding agreement means a written agreement entered into 30 under section 11A between the Commission and 1 or more persons “listed skill standard means a skill standard that is listed as an assessment standard on the Directory of Assessment Standards “prescribed quality assurance requirements means the 35 quality assurance requirements prescribed by the Qualifica- 5 Part 1 cl 9 Industry Training and Apprenticeships Amendment Bill tions Authority under section 253(1)(ga) of the Education Act 1989 (which may relate to the matters in section 13B) “qualification means a qualification listed on the New Zealand Qualifications Framework described in section 248 of the Education Act 1989 “specified industry means— “(a) the industry or industries in respect of which an industry training organisation is recognised; or in the case of a body corporate applying for recognition as an industry training organisation, the industry or in- 10 dustries in respect of which it seeks to be recognised “(b) 5 “training contract means a contract between an employer and an employee that relates to the employee’s receipt of, or pro- vides for the employee to receive, industry training (whether provided by the employer or by some other person)”.
Section 3 replaced (Training contracts to have effect as employment agreements) Replace section 3 with: Training contracts and apprenticeship training agreements part of employment agreement Training contracts and apprenticeship training agreements are part of the employment agreement between the employee and employer concerned.” New section 4A inserted (Savings and transitional provisions relating to amendments to Act) After section 4, insert: 15 20 25 9 “3 10 “4A Savings and transitional provisions relating to amendments to Act Schedule 1AA contains savings and transitional provisions relating to amendments made to this Act after 1 January 2014 30 that affect other provisions of the Act (see section 53).” Industry training organisations Sections 5 to 8 replaced Replace sections 5 to 8 with: 11 6 Industry Training and Apprenticeships Amendment Bill Part 1 cl 11 “5 Minister may recognise industry training organisations “(1) After receiving an application for recognition under section 6, the Minister may, by notice in the Gazette, recognise a body corporate as an industry training organisation.
“(2) Recognition under subsection (1) may be subject to any con- 5 ditions that the Minister thinks fit.
“(3) Before recognising an organisation under subsection (1), the Minister must— “(a) take into account the matters set out in section 7; and “(b) be satisfied that the organisation has, or will have, the 10 skill and knowledge to be able to carry out the core ac- tivities of an industry training organisation under sec- tion 11B(1)(a); and be satisfied, following consultation with the Qualifica- tions Authority, that the organisation has, or will have, 15 and is likely to maintain— “(i) “(c) systems and processes to enable the organisation to comply with the prescribed quality assurance requirements; and the capability, knowledge, and experience to en- 20 able the organisation to comply with the pre- scribed quality assurance requirements.
“(ii) “(4) The Gazette notice under subsection (1) must specify— “(a) “(b) “(c) the name of the organisation; and the specified industry; and any conditions of recognition.

“(5) The Minister may,— “(a) “(b) at the request of the industry training organisation, amend the notice to change the description of the spe- cified industry: at any time, amend or revoke a condition of recognition or impose a new condition.
25 30 “6 Application for recognition as industry training organisation “(1) A body corporate may apply to the Minister for recognition as 35 an industry training organisation.

7 Part 1 cl 11 Industry Training and Apprenticeships Amendment Bill “(2) An application under subsection (1) must be accompanied by the prescribed application fee (if any), payable to the Quali- fications Authority.
“(3) The Minister need not consider an application if the applicant has failed to provide, within 30 days of receiving a request, any 5 additional information requested by the Qualifications Author- ity or the Commission in relation to the application.
“7 Matters that Minister must take into account before organisation recognised The matters that the Minister must take into account under 10 section 5(3)(a) are, without limitation,— “(a) whether the organisation provides services to, or will provide services to, a sufficient number of employers in the specified industry: “(b) whether the organisation is, or will be, adequately 15 funded by employers in the specified industry: “(c) whether the organisation has in place adequate arrange- ments for involving employers in the governance of the organisation: “(d) whether the organisation has, or will have, the capacity 20 to— “(i) monitor demand within the specified industry for “(ii) training; and respond to the demand for industry training at the skill level required by employers in the specified 25 industry: “(e) the need to avoid unnecessary duplication of resources in providing industry training for the specified industry: “(f) whether the organisation has, or will have, and is likely to maintain— “(i) Qualifications Authority approval for pro- grammes or training schemes for the specified industry; and “(ii) Qualifications Authority consent, under section 30 252 of the Education Act 1989, to assess its stu- 35 dents against listed skill standards: “(g) whether the organisation has performed satisfactorily at other times when the organisation has been recognised: 8 Industry Training and Apprenticeships Amendment Bill Part 1 cl 12 “(h) whether the organisation has taken reasonable steps to avoid fragmentation and to provide a clear and repre- sentative industry focus for each organisation.
Provisional recognition “8 “(1) The Minister may, by notice in the Gazette, grant provisional 5 recognition to an industry training organisation that does not satisfy the matters described in section 5(3)(c).
“(2) Before granting provisional recognition, the Minister must be satisfied that— “(a) the organisation has, or will have, the skill and know- 10 ledge to be able to carry out the core activities of an in- dustry training organisation under section 11B(1)(a); and if the applicant completes the actions specified in the Gazette notice, the applicant will satisfy the Minister 15 that it should be recognised under section 5(1); and in all the circumstances, it is appropriate that the Com- mission should be able to fund the applicant via a plan.
“(b) “(c) 20 “(a) “(b) “(c) “(d) “(3) A Gazette notice under subsection (1) must specify— the name of the organisation; and the specified industry; and any conditions of recognition; and that the applicant has been granted provisional recogni- tion; and the actions that the applicant must take in order to sat- 25 isfy the Minister that it should be recognised under sec- tion 5(1); and the period (not exceeding 3 years) for which provisional recognition has been granted.” “(e) “(f) 12 Section 9 amended (Expiry and cancellation of recognition) In section 9(3), replace “this Act” with “section 5(1) or 8(1)”.
30 (1) (2) After section 9(3)(ab), insert: “(ac) if it has breached the requirement in section 11E; or”.
Replace section 9(3A)(a) with: 35 (3) 9 Part 1 cl 13 Industry Training and Apprenticeships Amendment Bill “(a) the Minister has issued a notice to the organisation, in accordance with subsection (3B), stating that he or she considers the organisation’s performance is inadequate for any of the following reasons: “(i) it is not carrying out at least 1 of the core activ- 5 ities set out in section 11B(1)(a): it is failing to comply with 1 or more conditions of recognition: “(ii) (4) 13 14 (1) (2) (3) “(iii) it is failing to comply with a compliance notice issued by the Qualifications Authority under sec- 10 tion 11D; and”.
In section 9(3B)(b)(i), delete “, with reference to the require- ments under section 6(a) to (d)”.

New cross-heading inserted After section 9, insert: “Funding of industry training”.

15 Section 10 amended (Industry training organisation’s proposed plan must identify activities for which it seeks funding) In section 10(2)(a), replace “setting” with “developing and 20 maintaining”.

In section 10(2)(c), replace “qualifications authority” with “Qualifications Authority” in each place.
Replace section 10(2)(d) and (e) with: “(d) the apprenticeship training activities described in sec- 25 tion 13D(2) (which, if funded, must be carried out as a package); and”.
15 New sections 11A to 11F and cross-heading inserted After section 11, insert: “11A Persons other than industry training organisations may 30 receive funding for industry training “(1) The Commission may enter into funding agreements under this section providing for any persons (other than industry training organisations)— 10 Industry Training and Apprenticeships Amendment Bill Part 1 cl 15 “(a) to make arrangements, in respect of an industry or in- dustries described in the agreement, for the delivery of industry training that will enable trainees to attain listed skill standards, including arrangements accepted by the Qualifications Authority for— “(i) monitoring the training to ensure that it enables “(ii) trainees to attain those standards; and assessing trainees and the extent to which they have attained those standards; and 5 “(b) “(c) to perform, in respect of an industry or industries de- 10 scribed in the agreement, the apprenticeship training ac- tivities described in section 13D(2)(c) to (h); and to receive funding from the Commission for those pur- poses.
“(2) A funding agreement must— 15 “(a) specify agreed levels of performance for the person or organisation receiving funding under the agreement; and “(b) provide for the variation, suspension, and termination of funding, or the funding agreement, or both, if the 20 specified levels of performance are not achieved.
“Obligations of industry training organisations “11B Obligations of industry training organisations “(1) An industry training organisation is required to— “(a) carry out 1 or both of the following core activities 25 (whether or not it receives funding for those activities via a plan): “(i) developing and maintaining skill standards to be listed on the Directory of Assessment Standards and used in the assessment of trainees: 30 “(ii) developing and maintaining arrangements for the delivery of industry training that will enable trainees to achieve the relevant skill standards; and “(b) comply with any conditions of recognition applying to 35 the organisation; and 11 Part 1 cl 15 Industry Training and Apprenticeships Amendment Bill “(c) comply with any prescribed quality assurance require- ments that apply to the activities carried out by the or- ganisation; and: “(d) develop and maintain arrangements for the collective representation of employees in the governance of the 5 organisation.
“(2) In carrying out the activity described in subsection (1)(a)(ii), an industry training organisation must have regard to the needs of Māori and other population groups identified in the tertiary education strategy issued under section 159AA of the Educa- 10 tion Act 1989.
“11C Qualifications Authority may issue quality assurance improvement notice “(1) The Qualifications Authority may, if satisfied that it is reason- ably necessary to maintain the quality and effectiveness of in- 15 dustry training in the specified industry, issue a quality assur- ance improvement notice to an industry training organisation.
“(2) A quality assurance improvement notice must— “(a) “(b) “(c) set out any concerns the Qualifications Authority has about the organisation’s systems, practices, training, or 20 procedures; and specify the time within which the organisation is ex- pected to address the Qualification Authority’s concerns (which must be a reasonable time, having regard to the nature and complexity of the action required); and specify the possible consequences of not addressing the concerns within the specified time including, if applic- able, the Qualifications Authority issuing a compliance notice under section 11D.
25 “11D Qualifications Authority may issue compliance notice “(1) The Qualifications Authority may issue a compliance notice to an industry training organisation requiring the organisation to do, or refrain from doing, a particular thing in relation to a prescribed quality assurance requirement.

30 “(2) Section 255(3) to (6) of the Education Act 1989 applies to 35 compliance notices issued under this section.
12 Industry Training and Apprenticeships Amendment Bill Part 1 cl 15 “(3) If an industry training organisation fails to comply with a no- tice issued under subsection (1), the Qualifications Authority may recommend to the Minister that the Minister do 1 or both of the following things: “(a) “(b) issue a notice under section 9(3A)(a): impose a new condition of recognition, or amend an existing condition, under section 5(5)(b).
“(4) A compliance notice may be issued to an industry training or- ganisation whether or not a quality assurance improvement no- tice has been issued under section 11C.

5 10 “(5) Nothing in this section limits the power of the Qualifications Authority to issue a compliance notice to an industry training organisation in accordance with section 255 of the Education Act 1989.
“11E Industry training organisations not to operate registered 15 private training establishments “(1) An industry training organisation must not operate or hold any interest in a registered private training establishment.
“(2) Despite subsection (1), during the 12 months after the date on which this section comes into force, no action may be taken 20 under section 9 against an industry training organisation if,— before the commencement of this section, the organisa- “(a) tion operated or held an interest in a registered private training establishment; and the organisation continues to operate, or continues to 25 hold the same interest in, the registered private training establishment.
“(b) In this section, registered private training establishment means a private training establishment that has been granted registration by the Qualifications Authority under Part 18 of 30 the Education Act 1989, other than a registration that has been cancelled.

“(3) “11F Annual fee “(1) Every industry training organisation must pay to the Quali- fications Authority an annual fee prescribed by or determined 35 under rules made under section 253 of the Education Act 1989.
13 Part 1 cl 16 Industry Training and Apprenticeships Amendment Bill “(2) The annual fee may recover the reasonable costs, excluding those costs that are recoverable through fees charged under section 254 of the Education Act 1989, incurred by the Quali- fications Authority for— “(a) prescribing quality assurance requirements under sec- 5 tion 253(ga) of the Education Act 1989; and “(b) monitoring compliance, and addressing non-compli- ance, with those requirements in accordance with its function under section 13A(a).
“(3) The fee is— “(a) “(b) payable by the due date prescribed in the rules; and recoverable as a debt due to the Qualifications Author- ity.” 10 16 Section 13 replaced (Additional functions of Commission) Replace section 13 with: 15 “Functions of Commission and Qualifications Authority “13 Additional functions of Commission In addition to the functions given to the Commission by or under enactments other than this Act, the Commission has the 20 following functions: “(a) to increase the availability within industry of high-qual- ity industry training linked to qualifications: to promote the availability of industry training linked to qualifications to people of a kind or description speci- 25 fied in the Commission’s statement of intent as people to whom such training has not traditionally been avail- able (whether within a particular industry or industries, or generally): to administer and disburse public money appropriated 30 by Parliament for the purpose of industry training: to develop and recommend to the Minister an appren- ticeship training code for the purposes of section 13F: to make the apprenticeship training code available, in accordance with section 13G: to monitor the performance of industry training organ- isations to ensure that they comply with the apprentice- ship training code: 35 “(b) “(c) “(d) “(e) “(f) 14 Industry Training and Apprenticeships Amendment Bill Part 1 cl 17 “(g) to exercise the powers and perform the functions of the Commission under Part 5.
“Compare: 2000 No 94 s 12 “13A Additional functions of Qualifications Authority In addition to the functions given to the Qualifications Author- 5 ity by or under enactments other than this Act, the Qualifica- tions Authority has the following functions: “(a) to monitor, through the exercise of its powers under this Act, compliance by industry training organisations with the prescribed quality assurance requirements, and to 10 address non-compliance: to monitor the quality and results of an industry train- ing organisation’s system and procedures for the mod- eration of vocational training.
“(b) “13B Qualifications Authority may prescribe quality assurance 15 requirements Rules made under section 253(1)(ga) of the Education Act 1989 to prescribe quality assurance requirements for indus- try training organisations, may include, without limitation, re- quirements relating to— “(a) the quality of the management, operation, and govern- ance of industry training organisations; and the quality of the skill standards developed by industry training organisations; and the quality of the arrangements made by industry train- 25 ing organisations for the delivery of industry training and apprenticeship training.” “(b) “(c) 20 17 New Part 2A inserted After section 13B, as inserted by section 16 of this Act, in- sert: 30 “Part 2A “Apprenticeship training “13C Apprenticeship training defined For the purposes of this Act, apprenticeship training is a type of industry training that— 35 15 Part 1 cl 17 Industry Training and Apprenticeships Amendment Bill “(a) “(b) “(c) “(d) is provided for a person who is working in an industry while undertaking training in that industry; and is provided wholly or partly at the person’s workplace, mainly by or on behalf of the person’s employer; and consists of a programme of study or training, or both, 5 leading to a qualification in the skills of an industry that provides entry into an occupation in that industry; and is facilitated by— “(i) an industry training organisation that receives funding via a plan; or a person or an organisation that receives funding under a funding agreement.
“(ii) 10 “13D Apprenticeship training activities must be included in proposed plan “(1) An industry training organisation that seeks funding for ap- 15 prenticeship training activities via a plan must specify in its proposed plan how it intends to carry out each of those activ- ities (described in subsection (2)).
“(2) The apprenticeship training activities are— 25 to promote apprenticeship training generally through 20 the provision of information, guidance, and advice to employers and prospective apprentices on the benefits of an apprenticeship: to identify— “(i) prospective apprentices; and employers able to offer apprenticeship training: “(ii) to arrange training or employment that may lead to ap- prenticeship training for prospective apprentices: to help prospective apprentices enter into apprentice- ship training agreements: to produce, and facilitate (in consultation with an ap- prentice and the apprentice’s employer) the implemen- tation of, individual training plans consistent with an apprentice’s apprenticeship training agreement: to monitor individual apprentices to ensure that their ap- 35 prenticeship training leads them to attain, within a rea- sonable time, the level of skills necessary to complete a qualification in the skills of the specified industry: 30 “(a) “(b) “(c) “(d) “(e) “(f) 16 Industry Training and Apprenticeships Amendment Bill Part 1 cl 17 “(g) “(h) to ensure, as far as is reasonably practicable, that ap- prenticeship training, and every apprenticeship training agreement, within the specified industry is consistent with the apprenticeship training code: to provide or procure appropriate pastoral care and sup- 5 port for apprentices, having regard to the age and ex- perience of the apprentice and the contents of the ap- prenticeship training code.
“Compare: 2000 No 94 ss 15(1), 16(1) “13E Obligations of persons carrying out apprenticeship 10 training activities “(1) Persons carrying out apprenticeship training activities (whether via a plan or under a funding agreement) have the following obligations: “(a) “(b) in performing any of the apprenticeship training activ- 15 ities described in section 13D(2), to comply with every part of the apprenticeship training code that affects the nature or performance of that activity: in helping a person who is under the age of 18 years en- ter into an apprenticeship training agreement, to advise 20 that person that, if he or she is unsure about the effect or implications of the agreement, he or she should not enter into it without first seeking advice about doing so from an independent person (for example, a parent, guardian, caregiver, or lawyer).
25 “(2) An industry training organisation carrying out apprenticeship training activities also has an obligation, if it becomes aware that it is impractical for an apprentice under the organisation’s care to continue their training with their current employer, to try to find a new employer with whom the apprentice can com- 30 plete their training.
“Compare: 2000 No 94 ss 15(2), 17(a) “Apprenticeship training code “13F Minister may issue code “(1) The Minister may, by notice in the Gazette, issue an appren- 35 ticeship training code to set guidelines, consistent with this 17 Part 1 cl 17 Industry Training and Apprenticeships Amendment Bill Act, about the responsibilities of apprentices, their employ- ers, and persons carrying out apprenticeship training activities under this Act.
“(2) The apprenticeship training code may, but need not, be a code recommended by the Commission.

5 “(3) The Gazette notice under subsection (1) must— “(a) set out the apprenticeship training code in full; or “(b) give enough information to identify it and state where copies of it may be obtained.

“(4) The apprenticeship training code comes into force— 10 “(a) on the 28th day after the date on which it is issued in the Gazette; or “(b) on any later day specified in the code.
“Compare: 2000 No 94 ss 20, 21, 26 “13G Availability of apprenticeship training code The Commission must make any apprenticeship training code available— at every office of the Commission, free of charge; and “(a) “(b) on the Commission’s Internet site in a format that is readily accessible.
“Compare: 2000 No 94 s 27 15 20 “13H Apprenticeship training code to be taken into account by mediation personnel, Employment Relations Authority, and Employment Court In exercising or performing, in relation to a matter concerning 25 an apprentice, any power or function under the Employment Relations Act 2000, the following must take into account every applicable element of any apprenticeship training code: “(a) “(b) “(c) “Compare: 2000 No 94 s 7 a person providing mediation services under that Act: the Employment Relations Authority: the Employment Court.
30 “13I Application of Legislation Act 2012 to code An apprenticeship training code is a disallowable instrument for the purposes of the Legislation Act 2012 and must be pre- 35 18 Industry Training and Apprenticeships Amendment Bill Part 1 cl 23 sented to the House of Representatives under section 41 of that Act.

“Compare: 2000 No 94 s 29”.

18 19 “(3) 20 21 “53 22 23 Part 3 repealed Repeal Part 3.
5 Section 29 amended (Purposes for which levy may be required) Replace section 29(3) with: In specifying how levy funds are to be used, a levy order may specify 1 or more purposes that will benefit the levy group as 10 a whole and that are related to meeting the costs (including infrastructure and administration costs) associated with devel- oping skill standards for the specified industry.” Repeal of Modern Apprenticeship Training Act 2000 The Modern Apprenticeship Training Act 2000 (2000 No 94) 15 is repealed.
New section 53 and cross-heading inserted After section 52, insert: “Savings and transitional provisions Savings and transitional provisions relating to amendments to Act The savings and transitional provisions set out in Schedule 1AA, which relate to amendments made to this Act after 1 January 2014, have effect for the purposes of this Act.” 20 New Schedule 1AA inserted Before Schedule 1, insert the Schedule 1AA set out in Sched- ule 1 of this Act.
25 Consequential amendments The enactments specified in Schedule 2 are amended in the manner indicated in that schedule.

30 19 Part 2 cl 24 Industry Training and Apprenticeships Amendment Bill Part 2 Amendments to Education Act 1989 Principal Act This Part amends the Education Act 1989 (the principal Act).
Section 253 amended (Rules) After section 253(1)(g), insert: “(ga) prescribing quality assurance requirements for industry training organisations including, without limitation, re- quirements relating to the matters described in section 13B of the Industry Training and Apprenticeships 10 Act 1992.” 5 Section 254 amended (Fees) Replace section 254(2)(c) with: “(c) charge fees to any person or institution for any qual- ity assurance activities undertaken by the Authority (in- 15 cluding quality assurance activities undertaken in ac- cordance with its functions under the Industry Train- ing and Apprenticeships Act 1992): charge an application fee to a body corporate applying under section 6 of the Industry Training and Ap- 20 prenticeships Act 1992 for recognition as an indus- try training organisation.” “(d) 24 25 26 20 Industry Training and Apprenticeships Amendment Bill Schedule 1 Schedule 1 New Schedule 1AA inserted Schedule 1AA Application, savings, and transitional provisions relating to amendments made to Act after 1 January 2014 s 22 ss 4A, 53 5 1 2 (1) Interpretation In this schedule,— amendment Act means the Industry Training and Appren- ticeships Amendment Act 2013 apprenticeship co-ordinator, apprenticeship training agreement, and funding agreement have the meanings given in section 4 of the Modern Apprenticeship Training Act 2000 Modern Apprenticeship Training Act 2000 means the Mod- ern Apprenticeship Training Act 2000 as it was immediately 15 before its repeal by the amendment Act transition period means the period beginning on the date on which the amendment Act comes into force and ending with the close of 31 December 2017.
10 Apprenticeship training agreements saved In this clause, an agreement means an apprenticeship training agreement that— (a) is entered into before the amendment Act comes into force; and on the date on which the amendment Act comes into 25 force, has not ceased to be in force.
(b) 20 (2) During the transition period, for the purposes of an agree- ment,— (a) (b) the Modern Apprenticeship Training Act 2000, and the code of practice approved or issued under section 20 of 30 that Act, continue to apply to any employee, apprentice- ship co-ordinator, and apprentice who is a party to the agreement; and this Act only applies to the employee, apprenticeship co-ordinator, and apprentice to the extent that it applied 35 before the commencement of the amendment Act.
21 Schedule 1 Industry Training and Apprenticeships Amendment Bill Schedule 1AA—continued 3 (1) Funding agreements saved In this clause, funding agreement means a funding agreement that— (a) is entered into before the amendment Act comes into force, whether or not it is amended before or after that 5 date; and on the date on which the amendment Act comes into force, has not ceased to be in force.
(b) (2) During the transition period— (a) (b) (c) every funding agreement continues in force, and may 10 be renewed annually; and the Modern Apprenticeship Training Act 2000, and the code of practice approved or issued under section 20 of that Act, continue, for the purposes of the agreement, to apply to the Commission and to the apprenticeship 15 co-ordinator to whom the funding agreement applies; and the Commission may continue to fund the apprentice- ship co-ordinator in accordance with the funding agree- ment as if the amendment Act had not been passed.
20 (3) Any funding agreement that has not otherwise ceased to be in force expires at the close of 31 December 2017.
Commission may make direction to ensure continuation of training During the transition period, the Commission may, for the pur- 25 pose of ensuring that an apprentice can continue his or her ap- prenticeship training, or undertake suitable alternative train- ing, issue 1 or more of the following directions: (a) that a specified industry training organisation must make arrangements for the apprentice to continue his or 30 her apprenticeship training in accordance with this Act: that a specified apprenticeship co-ordinator must as- sume, in respect of the apprentice, the responsibilities and functions of an apprenticeship co-ordinator under the Modern Apprenticeship Training Act 2000: (b) 35 4 22 Industry Training and Apprenticeships Amendment Bill Schedule 1 Schedule 1AA—continued (c) that a specified industry training organisation must as- sume, in respect of the apprentice, the responsibilities and functions of an apprenticeship co-ordinator under the Modern Apprenticeship Training Act 2000.
5 6 Applications for recognition made before commencement Where an application for recognition as an industry training organisation is received by the Minister before the commence- ment of the amendment Act, the Minister— (a) must consider the application in accordance with the 5 provisions of this Act as they were before the com- 10 mencement of the amendment Act; and (b) may recognise the organisation under section 5(1) or 8(1) as those sections were before the commencement of the amendment Act.
Notice of cancellation issued before commencement If, prior to the commencement of the amendment Act, the Min- ister issues a notice under section 9(3A), the Minister must decide whether to cancel recognition of the industry training organisation on the basis of the provisions of this Act as they were before the commencement of the amendment Act.
15 20 23 Schedule 2 Industry Training and Apprenticeships Amendment Bill Schedule 2 Consequential amendments Part 1 Amendments to Acts s 23 5 Education Act 1989 (1989 No 80) In section 2(1), definition of industry training organisation, re- place “Industry Training Act 1992” with “Industry Training and Apprenticeships Act 1992”.
In section 2(1), definition of tertiary component, replace “section 5 of the Modern Apprenticeship Training Act 2000” with “section 10 13C of the Industry Training and Apprenticeships Act 1992”.

In section 159(1), definition of industry training organisation, re- place “Industry Training Act 1992” with “Industry Training and Apprenticeships Act 1992”.

In section 248B(1)(a), replace “Industry Training Act 1992” with “In- 15 dustry Training and Apprenticeships Act 1992”.
Maori Housing Amendment Act 1938 (1938 No 17) In section 4A(3), replace “Industry Training Act 1992” with “Indus- try Training and Apprenticeships Act 1992”.

Minimum Wage Act 1983 (1983 No 115) Repeal section 9(a).

Minors’ Contracts Act 1969 (1969 No 41) Repeal section 5(4)(a).

20 Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74) In section 157(3), replace “Industry Training Act 1992” with “Indus- 25 try Training and Apprenticeships Act 1992”.
24 Industry Training and Apprenticeships Amendment Bill Schedule 2 Part 1—continued Real Estate Agents Act 2008 (2008 No 66) In section 12(3), replace “Industry Training Act 1992” with “Indus- try Training and Apprenticeships Act 1992”.

Part 2 Amendments to regulations Real Estate Agents (Licensing) Regulations 2009 (SR 2009/282) In regulation 3(1), definition of industry training organisation, re- place “Industry Training Act 1992” with “Industry Training and 5 Apprenticeships Act 1992”.
Sale of Liquor Regulations 1990 (SR 1990/61) In regulation 21AA(2), replace “Industry Training Act 1992” with “Industry Training and Apprenticeships Act 1992”.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 25