Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012
6.1.31 Transitional and savings provisions—the Education Legislation Amendment (Governance) Act 2012
S. 6.1.31 inserted by No. 73/2012 s. 33.
All accounts or records required to be kept by the Commission under section 3.1.4(5) as in force immediately before the commencement day become accounts and records of the Secretary.
On the commencement day the Victorian Skills Commission is abolished and its members go out of office.
On and from the commencement day—
all rights, assets, liabilities and obligations of the Victorian Skills Commission, immediately before its abolition, become rights, assets, liabilities and obligations of the State; and
any fund referred to in clause 13 of Schedule 2 established in the name of the Victorian Skills Commission before that commencement day is abolished and any moneys or amounts standing to the credit of the fund are transferred to the State; and
the State is substituted for the Victorian Skills Commission as a party in any proceeding, contract, agreement or arrangement commenced or made by, against or in relation to the Victorian Skills Commission; and
a reference to the Victorian Skills Commission in an Act (except the amending Act), a subordinate instrument or any other document, is taken to be a reference to the State except in relation to matters that occurred before the commencement day; and
the Secretary must determine any matter or do anything that has been partly but not finally determined or done by the Victorian Skills Commission before its abolition; and
a determination made by the Commission under section 5.4.15 that was in force immediately before the commencement day is taken to be a determination made by the Minister under section 5.4.15; and
a suspension by the Commission under section 5.4.17 that was in force immediately before the commencement day is taken to be a suspension by the Minister under section 5.4.17.
The Secretary must submit the annual report of the Victorian Skills Commission in accordance with section 45 of the Financial Management Act 1994 in relation to any period that has not been reported on immediately before the commencement day.
In this section—
amending Act means the Education Legislation Amendment (Governance) Act 2012;
commencement day means the day on which Part 2 of the amending Act comes into operation.
This Act’s bill:Explanatory memorandumSecond reading speech
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