Training Guarantee (Administration) Regulations (Amendment) (Cth)

Statutory Rules 1993

No. 252 1

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Training Guarantee (Administration) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Training Guarantee (Administration) Act 1990 .

Dated 15 September 1993.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

ROSS FREE

Minister for Schools, Vocational Education and Training

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1.   Commencement

1.1   These Regulations are taken to have commenced on 1 July 1992. 

2.   Amendment

2.1   The Training Guarantee (Administration) Regulations are amended as set out in these Regulations.

3. New

regulations 2CA, 2CB and 2CC

3.1   After regulation 2c, insert:

Persons covered by recognised alternative training levy

schemes

 “2ca.For the purposes of section 4a of the Act, a person is taken to be covered by a recognised alternative training levy scheme if:

• (a)

  the Minister has decided under paragraph 2CC (1) (a) that the scheme is a recognised alternative training levy scheme; and

• (b)

  the Minister has decided under paragraph 2CC (1) (b) to recognise the person as a person covered by the scheme.

Approval in principle decisions

 “2cb. (1) The Minister may make decisions (in this regulation called ‘approval-in-principle decisions’) about the conditions that must be satisfied in relation to a particular scheme in order to qualify for:

• (a)

  recognised alternative training levy scheme status for the scheme; and

• (b)

  recognition of coverage of persons by the scheme.

“(2)

The Minister may delegate the Minister’s power to make approval-in-principle decisions to a person holding or performing the duties of a Senior Executive Service office in the Department.

“(3)

Employers may lodge training guarantee statements on the assumption that conditions specified in an approval-in-principle decision will be satisfied.

“(4)

The Commissioner may amend an assessment if an assumption referred to in subregulation (3) proves to be incorrect.

Scheme decisions

 “2cc. (1) The Minister may make decisions (in this regulation called ‘scheme decisions’) about:

• (a)

  recognised alternative training levy scheme status; and

• (b)

  recognition of coverage of persons by the scheme.

“(2)

A scheme decision may be made on either of the following bases:

• (a)

  the basis that the conditions specified in an approval-in-principle decision have been satisfied; or

• (b)

  the basis that, because of special circumstances, even though the conditions specified in an approval-in-principle decision have not been satisfied, it is reasonable to recognise a scheme or the coverage of persons as if those conditions had been satisfied.

“(3)

The Minister may revoke a scheme decision.

“(4)

The Minister may delegate the Minister’s power to make or revoke scheme decisions to a person holding or performing the duties of a Senior Executive Service office in the Department.

“(5)

The manager of a recognised alternative training levy scheme must notify the Minister in writing if, as a result of a change in circumstances, the scheme may have ceased to:

• (a)

  qualify for recognised alternative training levy scheme status; or

• (b)

  comply with a condition in relation to the scheme.

“(6)

If:

• (a)

  the manager of a recognised alternative training levy scheme does not notify the Minister of a change in circumstances; and

• (b)

  as a result of the change, the scheme ceases to qualify for recognised alternative training levy scheme status;

the scheme is taken to have ceased to be a recognised alternative training levy scheme when the change occurred.

“(7)

Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Minister made under subregulation 2CC (1) or (3).”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 September 1993.

2. Statutory Rules 1990 No. 323 as amended by 1991 No. 59; 1992 Nos. 190 and 295.