TRAINING AND SKILLS DEVELOPMENT (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No.1. Clause 8, page 4, after line 7—

Before the current contents of clause 8 (now to be designated as subclause (2)) insert:

(1) Section 29(2)(a)-delete paragraph (a) and substitute:

(a) the prior conduct of the person or an associate of the person (whether in this State or elsewhere), including (for example) such of the following matters as may be relevant:

(i) whether the person or an associate of the person has been convicted of a criminal offence;

(ii) whether the person or an associate of the person has been refused registration as a training provider;

(iii) whether registration held by the person or an associate of the person has been suspended or cancelled;

(iv) whether a condition of registration of the person or an associate of the person has been imposed or varied as a result of contravention of this Act or a corresponding law or a condition of the registration;

(v) whether—

(A) in the case of a natural person-the person or an associate of the person has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors;

(B) in the case of a body corporate-a winding-up order has been made in respect of the person or an associate of the person;

(vi) whether the person or an associate of the person has ever been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; and

No.2. Clause 15, page 7, lines 21 and 22 [clause 15, inserted section 37(2)(a)(i)]—

Delete subparagraph (i) and substitute:

(i) the conduct of the provider or an associate of the provider (whether in this State or elsewhere), including (for example) such of the following matters as may be relevant:

(A) whether the provider or an associate of the provider has been convicted of a criminal offence;

(B) whether registration held by an associate of the provider has been suspended or cancelled;

(C) whether a condition of registration of an associate of the provider has been imposed or varied as a result of contravention of this Act or a corresponding law or a condition of the registration;

(D) whether the provider or an associate of the provider has ever been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; and

No.3. Clause 15, page 7, line 33 [clause 15, inserted section 37(2)(b)(ii)(A)]—

After 'bankrupt' insert:

or has applied to take the benefit of a law for the relief of insolvent debtors