Training Guarantee (Administration) Regulations (Cth)
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS
- In force under the Training Guarantee (Administration) Act 1990
- Updated as at 9 February 1994 (HISTREG CHAP 597 #DATE 09:02:1994)
- In force under the Training Guarantee (Administration) Act 1990
- Updated as at 9 February 1994 (HISTREG CHAP 597 #DATE 09:02:1994)
*1* The Training Guarantee (Administration) Regulations (in force under the Training Guarantee (Adminstration) Act 1990) as shown in this reprint comprise Statutory Rules 1990 No. 323 amended as indicated in the Tables below.
Year and Date of Date of Application
Number Notification commencement saving or
in Gazette transitional
provisions
1990 No. 323 17 Oct 1990 1 July 1990
1991 No. 59 15 Apr 1991 1 Mar 1991 -
1992 No. 190 30 June 1992 1 July 1990 -
295 24 Sept 1992 1 July 1992 -
1993 No. 252 22 Sept 1993 1 July 1992 -
366 23 Dec 1993 23 Dec 1993 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2 am. 1992 No. 190; 1993 No. 366
Rr. 2A, 2B ad. 1991 No. 59
R. 2C ad. 1992 No. 190
R. 2CAA ad. 1993 No. 366
Rr. 2CA-2CC ad. 1993 No. 252
R. 2D ad. 1992 No. 295
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
2A. Prescribed persons
2B. Meaning of prescribed building and construction
industry training levy scheme
2C. Persons paid under a Commonwealth funded employment
program to be prescribed persons
2CAA. Definition of "reimbursement"
2CA. Persons covered by recognised alternative training levy
schemes
2CB. Approval in principle decisions
2CC. Scheme decisions
2D. Eligible travel expenditure
3. Training advisory certificates
4. Fee for issue of training advisory certificate
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Training Guarantee (Administration) Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 2
Interpretation
2. In these Regulations, unless the contrary intention appears:
"AEWL" means the Association of Employers of Waterside Labour;
"Commonwealth funded employment program" has the same meaning as in section 23 of the Social Security Act 1991;
"SEAL" means the Stevedoring Employers of Australia Limited;
"the Act" means the Training Guarantee (Administration) Act 1990.
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 2A
Prescribed persons
2A. (1) For the purposes of the definition of "employee" in section 4 of the Act, a person is a prescribed person if, during the exemption period, he or she is:
(a) eligible under a prescribed building and construction industry training levy scheme, within the meaning of regulation 2B, for employment related training; and
(b) a person who is:
(i) registered as an employee under a long service leave
scheme for building and construction industry employees set up under a State or Territory law; or
(ii) employed, directly or indirectly, in work regarded as
building or construction work under a law of the State or Territory in which he or she works.
Note: Under section 4 of the Act, "employee" does not include a prescribed person.(2) In this regulation, "exemption period", in relation to a State or Territory, means the period:
(a) beginning on the day on which a prescribed building and construction industry training levy scheme, within the meaning of regulation 2B, commences under a law of that State or Territory; and
(b) ending on the expiration of 30 June 1992.
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 2B
Meaning of prescribed building and construction industry training
levy scheme
2B. (1) A building and construction industry training levy scheme is a prescribed building and construction industry training levy scheme if:
(a) the scheme is set up under a State or Territory law; and
(b) the minimum training rate is less than or equal to the percentage rate worked out in accordance with the formula:
100 x Levy Factor + Training Factor
Payroll Factor
where:
"Levy Factor" is the estimate by the Minister of the number of dollars in the amount to be collected under the scheme on employment related training in the year commencing on 1 July 1991;
"Training Factor" is the estimate by the Minister of the average number of apprentices or trainees in the State or Territory:
(a) who are employed, directly or indirectly, in work regarded as building or construction work under a law of that State or Territory; and
(b) whose training in that year is to be paid for otherwise than under the scheme;
multiplied by the number of dollars in the minimum allowable apprentice or trainee amount within the meaning of section 6 of the Act;
"Payroll Factor" is the estimate by the Minister of the number of dollars in the total of the salary or wages to be paid by building and construction industry employers in that State or Territory in that year.(2) In making an estimate referred to in subregulation (1), the Minister is to have regard to:
(a) the relevant State or Territory law; and
(b) any available relevant statistics published by the Australian Statistician in relation to:
(i) the amount spent under the scheme on employment related
training; and
(ii) the number of apprentices or trainees in the State or
Territory; and
(iii) the salary or wages paid by building and construction
industry employers in the State or Territory;
for any part of the period from 1 October 1987 to 30 September 1990.(3) In this regulation:
"building and construction industry", in relation to a State or Territory, means an industry regarded as a building and construction industry under a law of that State or Territory.
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 2C
Persons paid under a Commonwealth funded employment program to be
prescribed persons
2C. For the purposes of paragraph (e) of the definition of "employee" in section 4 of the Act, a person who is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program is a prescribed person.
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 2CAA
Definition of "reimbursement"
2CAA. (1) For the purposes of the definition of "reimbursement" in section 4 of the Act, a payment made to AEWL by an employer who is a member of AEWL, for the purpose of providing training from 1 July 1990 to 2 July 1993 to employees of the employer, is a prescribed matter. (2) For the purposes of the definition of "reimbursement" in section 4 of the Act, a payment made to SEAL by an employer who is a member of SEAL, for the purpose of providing training from 1 July 1990 to 31 December 1991 to employees of the employer, is a prescribed matter.
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 2CA
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.
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 2CB
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.
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 2CC
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).
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 2D
Eligible travel expenditure
2D. For the purposes of subsection 26 (2A) of the Act:
(a) a prescribed motor vehicle is a motor vehicle owned by the employer or for which the employer otherwise bears all operational and maintenance costs; and
(b) the prescribed rate, for expenditure in any financial year, is the same rate as the rate that:
(i) under regulation 147 of the Income Tax Regulations for
the purposes of section 82KX of the Income Tax Assessment Act 1936 is prescribed in respect of travel by car; and
(ii) if the regulation applied to travel by prescribed motor
vehicle - would be the applicable rate by reference to that financial year (referred to in the regulation as the "year of income") and the prescribed motor vehicle's engine capacity and engine type.
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 3
Training advisory certificates
3. For the purposes of subsections 43 (1), 44 (1) and (2) and 61 (2) of the Act, a training advisory certificate must include the following information:
(a) a statement setting out the provision of the Act under which the certificate is issued;
(b) the name of the training advisory body;
(c) if the certificate is issued by a registered training agent, the name of the agent and the registration number (if any) issued to the agent by the training advisory body;
(d) the date on which the certificate is given;
(e) if the certificate is to be given to an employer - the registered name and the trading name of the employer;
(f) if the certificate is to be given to a registered industry training agent - the name of the agent and the registration number (if any) issued to the agent by the training advisory body;
(g) if the certificate is a certificate to which paragraph 43 (1) (a) of the Act applies - particulars of the activities that constitute an eligible training program;
(h) if the certificate is a certificate to which paragraph 43 (1) (b) of the Act applies - particulars of the expenditure that constitutes eligible training expenditure certified by the certificate;
(i) if the certificate is a certificate to which subsection 44 (1) of the Act applies:
(i) particulars of the activities that constitute, or do not
constitute, an eligible training program; or
(ii) particulars of the expenditure that constitutes, or does
not constitute, eligible training expenditure;
(j) the period during which the certificate is in force;
(k) if the certificate is to be given to an employer - the registration number (if any) issued by the person or body issuing the certificate to the employer when the person or body receives details of the employer's training program;
(l) the name and signature of the person issuing the certificate.
TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS - REG 4
Fee for issue of training advisory certificate
4. The fee for the issue of a training advisory certificate is $200.
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