Vocational Education and Training (Commonwealth Powers) Act 2012

The national VET legislation is adopted, within the meaning of section 51(xxxvii) of the Commonwealth Constitution, to the extent that the matters in the national VET legislation are within the legislative powers of the Parliament of the State.

Each continuing VET matter is referred to the Parliament of the Commonwealth, but only to the extent of the making of laws with respect to the matter by making express amendments of the national VET legislation.

The operation of each of subsections (1) and (2) is not affected by the other subsection.

The reference of a matter under subsection (2) has effect only if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution).

Despite any provision of this Act other than section 8(4), the adoption under subsection (1) or the reference under subsection (2) has effect for a period—

beginning when the subsection under which the adoption or reference is made commences; and

ending at the end of the day fixed under section 7 as the day on which the adoption or reference is to terminate;