CHAPTER 5
-
Miscellaneous
PART 5.1
-
MISCELLANEOUS
SECTION 105
AUSTRALIAN APPRENTICESHIPS PRIORITY LIST
105(1)
The Minister may, by legislative instrument, determine a list (the
Australian Apprenticeships Priority List
) specifying:
(a)
occupations for which; or
(b)
qualifications leading to occupations for which;
in the opinion of the Minister, skilled persons are a priority.
Note:
For variation and revocation, see subsection
33(3)
of the
Acts Interpretation Act 1901
.
History
S 105(1) substituted by No 61 of 2023, s 3 and Sch 1 item 125, effective 1 January 2024. For transitional provisions, see note under s
105(1)
. No 61 of 2023, s 3 and Sch 1 items 156
-
166 contain the following transitional provisions:
Part 3
-
Transitional provisions
156 Transitional
-
alternative name for trade support loan
156
If, immediately before the commencement of this item, a loan was known as trade support loan, then, after the commencement of this item:
(a)
the loan may also be known as Australian apprenticeship support loan; and
(b)
a reference to the loan in an instrument or other document is to be construed as including a reference to the loan under the name Australian apprenticeship support loan.
157 Transitional
-
alternative name for an accumulated TSL debt
157
If, immediately before the commencement of this item, an amount was known as an accumulated TSL debt, then, after the commencement of this item:
(a)
the amount may also be known as an accumulated AASL debt; and
(b)
a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name accumulated AASL debt.
158 Transitional
-
alternative name for a compulsory TSL repayment amount
158
If, immediately before the commencement of this item, an amount was known as a compulsory TSL repayment amount, then, after the commencement of this item:
(a)
the amount may also be known as a compulsory AASL repayment amount; and
(b)
a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name compulsory AASL repayment amount.
159 Transitional
-
alternative name for a former accumulated TSL debt
159
If, immediately before the commencement of this item, an amount was known as a former accumulated TSL debt, then, after the commencement of this item:
(a)
the amount may also be known as a former accumulated AASL debt; and
(b)
a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name former accumulated AASL debt.
160 Transitional
-
alternative name for an instalment of trade support loan
160
If, immediately before the commencement of this item, an instalment was known as an instalment of trade support loan, then, after the commencement of this item:
(a)
the instalment may also be known as an instalment of Australian apprenticeship support loan; and
(b)
a reference to the instalment in an instrument or other document is to be construed as including a reference to the instalment under the name instalment of Australian apprenticeship support loan.
161 Transitional
-
alternative name for a repayable TSL debt
161
If, immediately before the commencement of this item, an amount was known as a repayable TSL debt, then, after the commencement of this item:
(a)
the amount may also be known as a repayable AASL debt; and
(b)
a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name repayable AASL debt.
162 Transitional
-
alternative name for a TSL debt
162
If, immediately before the commencement of this item, an amount was known as a TSL debt, then, after the commencement of this item:
(a)
the amount may also be known as an AASL debt; and
(b)
a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name AASL debt.
163 Transitional
-
alternative name for a voluntary TSL repayment
163
If, immediately before the commencement of this item, an amount was known as a voluntary TSL repayment, then, after the commencement of this item:
(a)
the amount may also be known as a voluntary AASL repayment; and
(b)
a reference to the amount in an instrument or other document is to be construed as including a reference to the amount under the name voluntary AASL repayment.
164 Transitional
-
pre-commencement apprenticeships
(1)
This item applies to a person if:
(a)
immediately before the commencement of this item, the person was undertaking an apprenticeship through which the person was undertaking a qualification:
(i)
at a level prescribed by the
Trade Support Loan Rules 2014
; and
(ii)
leading to an occupation or a qualification specified on the TSL Priority List; and
(iii)
which met any other requirements prescribed by the
Trade Support Loan Rules 2014
; and
(b)
immediately after the commencement of the first Australian Apprenticeships Priority List determined under subsection 105(1) of the
Australian Apprenticeship Support Loans Act 2014
, the occupation or qualification is not specified on that list; and
(c)
immediately before the commencement of this item, a determination was in effect granting the person
'
s application for trade support loan in relation to the apprenticeship.
(2)
The
Australian Apprenticeship Support Loans Act 2014
has effect, in relation to the person, as if the occupation or qualification referred to in subparagraph (1)(a)(ii) of this item were specified on the Australian Apprenticeships Priority List determined under subsection 105(1) of that Act.
165 Transitional
-
instruments or documents issued or given by, or on behalf of, the Commissioner of Taxation
165
If:
(a)
during the period:
(i)
beginning at the commencement of this item; and
(ii)
ending on 1 January 2025;
an instrument or other document is issued or given by, or on behalf of, the Commissioner of Taxation; and
(b)
apart from this item, the instrument or document would be invalid because it includes a reference to one or more things mentioned in column 1 of the following table; and
(c)
the instrument or document would be valid if each reference in the instrument or document to a thing mentioned in column 1 of a particular item of the table were instead a reference to the thing mentioned in column 2 of that item;
the instrument or document has effect as if each reference in the instrument or document to a thing mentioned in column 1 of that item were instead a reference to the thing mentioned in column 2 of that item.
References in the instrument or document
|
Item
|
Column 1
|
Column 2
|
1 |
trade support loan |
Australian apprenticeship support loan |
2 |
accumulated TSL debt |
accumulated AASL debt |
3 |
compulsory TSL repayment amount |
compulsory AASL repayment amount |
4 |
former accumulated TSL debt |
former accumulated AASL debt |
5 |
instalment of trade support loan |
instalment of Australian apprenticeship support loan |
6 |
repayable TSL debt |
repayable AASL debt |
7 |
TSL debt |
AASL debt |
8 |
voluntary TSL repayment |
voluntary AASL repayment |
166 Transitional
-
rules
166
Without limiting subsection 106(1) of the
Australian Apprenticeship Support Loans Act 2014
, rules made under that subsection may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments of that Act made by this Schedule.
S 105(1) formerly read:
105(1)
The Minister must, by legislative instrument, establish and maintain a list (the
TSL Priority List
) specifying:
(a)
occupations for which; or
(b)
qualifications leading to occupations for which;
in the opinion of the Minister, skilled persons are a priority.
105(2)
The Australian Apprenticeships Priority List may do any or all of the following:
(a)
specify occupations or qualifications by applying, adopting or incorporating, with or without modification, material in another instrument (whether or not a legislative instrument), including another instrument as in force or existing from time to time;
(b)
include, for a specified occupation or qualification, a final date.
History
S 105(2) amended by No 61 of 2023, s 3 and Sch 1 item 126, by substituting
"
Australian Apprenticeships
"
for
"
TSL
"
, effective 1 January 2024. For transitional provisions, see note under s
105(1)
.
105(3)
If the Australian Apprenticeships Priority List includes a final date for a specified occupation or qualification, then, for the purposes of subparagraph
8(2)(a)(ii)
, that occupation or qualification is taken to be specified on the Australian Apprenticeships Priority List, but only in relation to apprenticeships started before the final date.
History
S 105(3) amended by No 61 of 2023, s 3 and Sch 1 item 126, by substituting
"
Australian Apprenticeships
"
for
"
TSL
"
(wherever occurring), effective 1 January 2024. For transitional provisions, see note under s
105(1)
.
105(4)
The Australian Apprenticeships Priority List may, in addition to including a final date for a specified occupation or qualification, make provision for matters of an application or transitional nature in relation to the addition, removal or modification of specified occupations or qualifications.
History
S 105(4) amended by No 61 of 2023, s 3 and Sch 1 item 126, by substituting
"
Australian Apprenticeships
"
for
"
TSL
"
, effective 1 January 2024. For transitional provisions, see note under s
105(1)
.
105(5)
The Australian Apprenticeships Priority List must be published:
(a)
on the website of the Department; and
(b)
in any other way the Minister considers appropriate.
History
S 105(5) amended by No 61 of 2023, s 3 and Sch 1 item 126, by substituting
"
Australian Apprenticeships
"
for
"
TSL
"
, effective 1 January 2024. For transitional provisions, see note under s
105(1)
.
105(6)
The Minister must take all reasonable steps to ensure that an instrument is in force under subsection
(1)
at all times after the commencement of this subsection.
History
S 105(6) inserted by No 61 of 2023, s 3 and Sch 1 item 127, effective 1 January 2024. For transitional provisions, see note under s
105(1)
.
105(7)
In determining the Australian Apprenticeships Priority List, the Minister must have regard to any relevant advice given to the Minister by Jobs and Skills Australia under section 9 of the
Jobs and Skills Australia Act 2022
in relation to either of the following matters:
(a)
Australia
'
s current and emerging labour market, including advice on workforce needs and priorities;
(b)
Australia
'
s current, emerging and future skills and training needs and priorities.
History
S 105(7) inserted by No 61 of 2023, s 3 and Sch 1 item 127, effective 1 January 2024. For transitional provisions, see note under s
105(1)
.
105(8)
Subsection
(7)
does not prevent the Minister from having regard to other advice.
History
S 105(8) inserted by No 61 of 2023, s 3 and Sch 1 item 127, effective 1 January 2024. For transitional provisions, see note under s
105(1)
.