Training and Workforce Development (Transitional Provisions) Act 2013

In this section – existing training agreement means a training agreement that – was entered into under section 34, and approved by the former TTAC under section 36, of the former VET Act; and had effect immediately before the commencement day – and includes any amendment to such a training agreement; training contract means a training contract entered into under section 30, and approved by the TTAC under section 32, of the Training and Workforce Development Act 2013.

An existing training agreement – continues to have effect in accordance with its terms and subject to its conditions; and is taken to be a training contract.

If immediately before the commencement day an existing training agreement was suspended and would have continued to be suspended had not the former VET Act been repealed by the Training and Workforce Development (Repeals and Consequential Amendments) Act 2013, that suspension – continues to have effect in accordance with its terms; and is taken to have been done under section 36 of the Training and Workforce Development Act 2013 by the parties, with the approval of the Secretary, or by the Secretary, as appropriate.

If – a determination or approval was made or given by the former TTAC under a provision of the former VET Act in relation to training agreements generally, a class of training agreements or a particular existing training agreement; and that determination or approval is in effect immediately before the commencement day – that determination or approval is taken to have been made or given by the Secretary or the new TTAC, as appropriate, under the corresponding provision of the Training and Workforce Development Act 2013 in relation to training contracts generally, a class of training contracts or the relevant particular training contract.

For the purposes of, and without limiting the generality of, subsection (4), a determination or approval by the former TTAC referred to in that subsection includes – a determination as to whether an employer is a fit and proper person for the purposes of entering into training agreements; and an approval of a temporary release from the obligations of an existing training agreement.

A direction validly given to a party to an existing training agreement by the former TTAC, under a provision of the former VET Act, that has effect immediately before the commencement day – continues to have effect in accordance with its terms; and is taken to have been validly given by the new TTAC under the corresponding provision of the Training and Workforce Development Act 2013.