Recommendations

Recommendation 1 

1.32    The committee recommends that the bills be passed in their current form.

Recommendation 2 

1.34    That in future, exposure drafts of legislation be made available for examination by parliamentary committees prior to their adoption as text-based referrals of power by state legislatures, thereby assisting committees to recommend amendments to bills, if necessary, without threatening the viability of the referral of powers.

Recommendation 3 

3.19    That the Department of Education, Employment and Workplace Relations amend the Explanatory Memorandum for the National Vocational Education and Training Regulator Bill 2010 [2011] to include the additional general information regarding the application of offences at pages 1 and 2 of the Answers to Questions on Notice dated 11 March 2011 and the answer to question one on pages 2 to 3 of the Answers to Questions on Notice dated 11 March 2011.

Recommendation 4 

3.23    That the Department of Education, Employment and Workplace Relations amend the Explanatory Memorandum for the National Vocational Education and Training Regulator Bill 2010 [2011] to include the explanation for the proposed extraterritorial operation of the offences, as provided to the committee at page 6 of the Answers to Questions on Notice dated 11 March 2011.

Recommendation 5 

3.33    That the Department of Education, Employment and Workplace Relations amend the Explanatory Memorandum for the National Vocational Education and Training Regulator Bill 2010 [2011] to include explanation for the proposed infringement notice scheme's deparures from the principles in A guide to framing Commonwealth offences, civil penalties and enforcement powers.

Recommendation 6 

3.34    That the National VET Regulator review the operation of the infringement notice scheme after 12 months operation.

Recommendation 7

3.44    That, once enacted, subclause 60(1) and subclause 60(2) be amended to include a requirement that the person know that the qualification or statement of attainment (whatever is applicable) has been cancelled.

Recommendation 8 

4.28    The committee recommends that negotiations between jurisdictions continue with the aim of ensuring that all jurisdictions refer powers.

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