Document ID: chunk:federal_register_of_legislation:C2017A00065:clause:3_1
Version: federal_register_of_legislation:C2017A00065
Segment Type: clause
Provision Reference: sch 3 cl 1
Character Range: 5889–7790

1  Cancellation of registration—saving
 (1) This item applies to the amendment of subsection 39(1) of the National Vocational Education and Training Regulator Act 2011 (the NVETR Act) by Schedule 1 to the National Vocational Education and Training Regulator Amendment (Annual Registration Charge) Act 2017 (the Amending Act).
 (2) Despite the amendment of subsection 39(1) of the NVETR Act by Schedule 1 to the Amending Act:
 (a) subsection 39(1) of the NVETR Act, as in force immediately before the commencement of Schedule 1 to the Amending Act, continues to apply in relation to the failure of a person to pay an annual registration fee required for the purposes of the NVETR Act; and
 (b) to the extent that the fee could not validly be determined under an ASQA determination—that subsection (as so in force) is taken to have applied, and to continue to apply, in relation to the failure of a person to pay the fee (or a part of the fee) purportedly required for those purposes.
Note: Schedule 1 to the Amending Act commenced on 1 July 2017 (see section 2 of the Amending Act).
 (3) An annual registration fee is a fee in relation to a financial year, payable by a person for the purposes of the NVETR Act:
 (a) for registration under the NVETR Act as an NVR registered training organisation; or
 (b) for registration under the Education Services for Overseas Students Act 2000 as a registered provider.
 (4) An ASQA determination is a determination made before the commencement of this section under subsection 232(1) of the NVETR Act (as that subsection was in force at any time before that commencement).
Note: See the Australian Skills Quality Authority instrument fixing fees No. 1 of 2011 and the Australian Skills Quality Authority Instrument Fixing Fees No. 1 of 2013.

[Minister's second reading speech made in—
House of Representatives on 30 March 2017
Senate on 20 June 2017]

(73/17)