(1) The Minister may exercise the powers conferred by this section where in the Minister's opinion it is necessary or desirable to do so for the purposes of vocational education and training but it is not appropriate to establish a college for that purpose, or to do so at the particular time.

(2) Where subsection (1) applies, the Minister may, by order published in the Gazette ¾

(a) establish any vocational education and training institution, other than a college, that he or she considers is required for the effective operation of the State training system; and

(b) make provision in relation to any matters necessary for, or incidental to, giving effect to the order including provision for the employment of persons by the chief executive, otherwise than under the Public Sector Management Act 1994.

(3) An order under this section must vest the management and control of an institution in the chief executive, but subject to the exercise of the Minister's powers under section 14.

(4) An institution established under subsection (2) has such functions and is to operate in such manner as the Minister specifies in the order establishing the institution.