Savings and Transitional Provisions
Schedule 3 Savings and Transitional Provisions
Section 73
Part 1 Preliminary
1. Interpretation In this Schedule –
Assessment Board means the Tasmanian Secondary Assessment Board established under section 73 of the Education Act;
Authority means the Tasmanian Qualifications Authority established by section 7 of this Act as in force before the day on which the Tasmanian Qualifications Authority Amendment Act 2015 commenced and, where appropriate, includes the Office;
commencement day means the day on which this Act commences;
Council means the Universities Registration Council established under section 5 of the repealed Act;
Education Act means the Education Act 1994 as in force immediately before the commencement day;
repealed Act means the Universities Registration Act 1995 as in force immediately before the commencement day.
Assessment Board means the Tasmanian Secondary Assessment Board established under section 73 of the Education Act;
Assessment Board
Authority means the Tasmanian Qualifications Authority established by section 7 of this Act as in force before the day on which the Tasmanian Qualifications Authority Amendment Act 2015 commenced and, where appropriate, includes the Office;
Authority
commencement day means the day on which this Act commences;
commencement day
Council means the Universities Registration Council established under section 5 of the repealed Act;
Council
Education Act means the Education Act 1994 as in force immediately before the commencement day;
Education Act
repealed Act means the Universities Registration Act 1995 as in force immediately before the commencement day.
repealed Act
Part 2 Provisions relating to Education Act
2. Abolition of Assessment Board The Assessment Board is abolished.
3. Syllabuses, assessments and attainments If, immediately before the commencement day, a determination by the Assessment Board under section 74(1)(a) of the Education Act relating to a syllabus for provision to students has effect –
that syllabus is to be taken to be accredited as an accredited course under this Act for the period ending on the day on which the determination of that syllabus would have ceased to have effect if this Act had not commenced; and
any certificate or other qualification that the Assessment Board determined would be issued or awarded on the successful completion of the syllabus is taken to be the approved qualification for the accredited course that the syllabus is taken to be by reason of paragraph (a).
4. Rules of Assessment Board Rules made by the Assessment Board under section 74(2) of the Education Act and in force immediately before the commencement day continue and are taken to be rules made under section 64.
5. Committees of Assessment Board All committees established by the Assessment Board under section 76 of the Education Act are abolished.
6. Documents
If appropriate, a document issued or made by the Assessment Board under the Education Act is taken to have been issued or made by the Authority under this Act.
If appropriate, a reference in a document to the Assessment Board in an Act or other document is taken to be, or to include, a reference to the Authority.
If appropriate, a document served on or by, or provided to or by, the Assessment Board is taken to have been served on or by, or provided to or by, the Authority.
Part 3 Provisions relating to Universities Registration Act 1995
7. Abolition of Council The Council is abolished.
8. Registered university or registered institution A person that, immediately before the commencement day, was a registered university or registered institution, within the meaning of the repealed Act, is taken to be a registered higher education provider under this Act –
subject to the same conditions as the registration was subject to under the repealed Act; and
until the earlier of the following occurs:
the period specified in the certificate of registration issued under the repealed Act ends; or if the registration is cancelled under this Act, that cancellation takes effect.
the period specified in the certificate of registration issued under the repealed Act ends; or
if the registration is cancelled under this Act, that cancellation takes effect.
9. Certificate of registration A certificate of registration issued under section 15 of the repealed Act and in force immediately before the commencement day is taken to be a registration certificate issued under section 45 of this Act.
10. Applications
An application under section 13, 18A or 18D of the repealed Act for registration as a registered university or registered institution, or for the renewal or variation of such registration, made to the Council and accompanied by any required fee before the commencement day but not determined before that day is taken to be an application under section 42, 49 or 48 of this Act for registration as a registered higher education provider or for the renewal or amendment of such registration made to the Authority and accompanied by any appropriate prescribed fee.
Any thing done by the Council in relation to an application referred to in subclause (1) is taken to have been done by the Authority.
11. Inspections, examinations and reviews
If immediately before the commencement day an inspection, examination or review has been authorised under section 9 of the repealed Act but not completed before that day, that inspection, examination or review is taken to be an investigation under section 56 of this Act.
Any thing done by a person authorised under section 9 of the repealed Act in relation to an inspection, examination or review referred to in subclause (1) is taken to have been done by the Authority or an authorised officer under this Act.
The Authority may charge a person a fee in respect of both that part of an inspection or examination referred to in subclause (1) conducted before the commencement day and the completion of the inspection or examination as an investigation under this Act.
The fee under subclause (3) may not exceed the amount that could have been charged under section 12 of the repealed Act if this Act had not been enacted.
If a fee is due and payable immediately before the commencement day under section 12 of the repealed Act in relation to an inspection or examination completed under section 9 of the repealed Act, that fee is due and payable on and after that day to the Authority.
12. Reviews of decisions
If, immediately before the commencement day, a person could have applied to the Magistrates Court (Administrative Appeals Division) for a review of a decision of the Council under section 18H of the repealed Act, that person can apply to that Court for a review of that decision as if the decision were a decision of the Authority, and the Authority is bound by the determination of that Court.
If, immediately before the commencement day, an application for a review of a decision of the Council under section 18H has been made but not determined –
that review may be continued; and
the decision being reviewed is taken to be a decision of the Authority; and
the Authority is bound by the determination of the Magistrates Court (Administrative Appeals Division).
13. Documents
If appropriate, a certificate or other document issued or made by the Council under the repealed Act is taken to have been issued or made by the Authority.
If appropriate, a reference to the Council in an Act, certificate or other document is taken to be, or to include, a reference to the Authority.
If appropriate, a document served on or by, or provided to or by, the Council is taken to have been served on or by, or provided to or by, the Authority.
Part 4 Miscellaneous
14. Minister's actions before enactment valid
In this clause, notice means notice, in at least 3 daily newspapers published and circulating in the State, that persons interested in being members of the Authority may provide written expressions of interest to the Minister.
notice means notice, in at least 3 daily newspapers published and circulating in the State, that persons interested in being members of the Authority may provide written expressions of interest to the Minister.
notice
Notice given by the Minister before this Act has received the Royal Assent is taken to have been given under section 8(2) and any thing done by the Minister in relation to, or in connection with, such notice is taken to have been done under this Act.
This provision refers to the regulations (prescribed fee
). Made under this Act:
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