Marise Payne (NSW, Liberal Party, Minister for Human Services) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to the Tertiary Education Quality and Standards Agency Amendment Bill 2014. I seek leave to move government amendments (1) to (3) and (5) to (12) on sheet HV131 together.

Leave granted.

I move:

(1) Clause 2, page 2 (table item 2, column 1), omit "Parts 1,", substitute "Parts".

(2) Clause 2, page 2 (table item 3), omit the table item, substitute:

(3) Clause 2, page 2 (table item 4), omit the table item, substitute:

(5) Schedule 1, page 4 (after line 5), after item 6, insert:

6A Paragraph 199(1)(b)

  Omit "classification; or", substitute "classification.".

6B Paragraphs 199(1)(c) and (d)

  Repeal the paragraphs.

(6) Schedule 1, item 17, page 6 (line 24), at the end of subsection 37A(1), add ", so long as the period has not been previously extended by TEQSA".

(7) Schedule 1, item 20, page 7 (line 17), at the end of subsection 57A(1), add ", so long as the period has not been previously extended by TEQSA".

(8) Schedule 1, item 36, page 11 (lines 5 to 13), omit the item, substitute:

36 Transitional—Commissioners ' appointments

  Scope

(1) This item applies if a person held office as a Commissioner immediately before the commencement of this item.

  Continuity of appointment

(2) The person's instrument of appointment has effect, after the commencement of this item, as if it were an instrument of appointment:

  (a) made under subsection 138(1) of the Tertiary Education Quality and Standards Agency Act 2011 (as amended by this Part); and

  (b) for the balance of the person's term of appointment that remained immediately before the commencement of this item.

(9) Schedule 1, page 16 (after line 3), after item 42, insert:

42A Subsection 155(1) (note)

  Repeal the note, substitute:

Note: Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not apply to the direction (see section 54 of that Act).

42B After subsection 155(1)

  Insert:

  (1A) Section 44 of the Legislative Instruments Act 2003 does not apply in relation to a direction under subsection (1) of this section.

Note: This means that section 42 (disallowance) of the Legislative Instruments Act 2003 applies to the direction.

(10) Schedule 1, item 45, page 16 (lines 22 to 29), omit the item, substitute:

45 Transitional—Chief Executive Officer

  Scope

(1) This item applies if a person (the substantive appointee) held office as the Chief Commissioner immediately before the commencement of this item.

  Continuity of substantive appointee ' s role as Chief Executive Officer

(2) The substantive appointee is the Chief Executive Officer throughout the period (the transition period):

  (a) starting at the commencement of this item; and

  (b) ending when the substantive appointee ceases to hold office as the Chief Commissioner.

  Acting Chief Commissioner

(3) If a person (the acting appointee) is acting as the Chief Commissioner at any time during the transition period, then, while the acting appointee is so acting:

  (a) the acting appointee has and may exercise all the powers, and must perform all the functions and duties, of the Chief Executive Officer; and

  (b) the Tertiary Education Quality and Standards Agency Act 2011 (as amended by this Part), and any other law of the Commonwealth, applies in relation to the acting appointee as if the acting appointee were the Chief Executive Officer.

  Other matters

(4) Sections 154A to 154K of the Tertiary Education Quality and Standards Agency Act 2011 (as amended by this Part) have no effect during the transition period.

(5) However, subitem (4) does not prevent the making of an appointment during the transition period under section 154A of the Tertiary Education Quality and Standards Agency Act 2011 (as amended by this Part) if the appointment takes effect after the end of the transition period.

(11) Schedule 1, page 19 (after line 7), after item 54, insert:

54A Subsection 136(1) (note)

  Repeal the note, substitute:

Note: Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not apply to the direction (see section 54 of that Act).

(12) Schedule 1, item 55, page 19 (after line 13), after subsection 136(2A), insert:

  (2B) Section 44 of the Legislative Instruments Act 2003 does not apply in relation to a direction under subsection (1) of this section.

Note: This means that section 42 (disallowance) of the Legislative Instruments Act 2003 applies to the direction.

Question agreed to.

The government opposes schedule 1 in the following terms:

(4) Schedule 1, Part 1, page 3 (lines 2 to 13), to be opposed.

Sue Lines (WA, Australian Labor Party) Share this | Link to this | Hansard source

The question is that schedule 1, part 1, page 3, lines 2 to 13, stand as printed.

Question negatived.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.