EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 143
Issued by the authority of the
Minister for Employment and Workplace Relations
Tradesmen’s Rights Regulation Act 1946
Tradespersons’ Rights (Cost Recovery) Amendment Regulations 2006 (No. 1) (the Regulations)
The Tradesmen’s Rights Regulation Act 1946 (the Act) establishes a process for providing national recognition in prescribed metal and electrical trades for eligible Australian residents who developed their skills through means other than an Australian apprenticeship.
Trades Recognition Australia (TRA), within the Department of Employment and Workplace Relations (the Department), is responsible for;
- assisting eligible Australian residents to achieve formal recognition of metal and electrical trade skills acquired outside of the Australian apprenticeships framework in accordance with the Act; and
- assessing the trade skills of potential migrants as part of the Department of Immigration and Multicultural Affairs (DIMA) Skilled Migration Programme and in accordance with the Migration Act 1958.
Subsection 51A(2) of the Act provides that the Governor-General may make cost recovery regulations for the purpose of reimbursing the Department for costs and expenses incurred in administering the Act. Paragraph 51A(3)(a) provides that the cost recovery regulations may prescribe fees in relation to applications for trade certificates.
The Tradespersons’ Rights (Cost Recovery) Regulations 1993 prescribe fees for making an application for a trade certificate in under the Act. Subregulation 3(1) prescribes an application fee of $300. Subregulation 3(3) currently prescribes a lesser fee of $100 for applicants who have already had their skills assessed under the Skilled Migration Programme.
The Regulations remove the $100 application fee and exempt the class of persons identified in subregulation 3(3) from having to pay an application fee, as they have already been assessed under the Skilled Migration Programme and have paid an assessment fee under the Migration Regulations 1994. The removal of the fee will facilitate the movement of approximately 500 skilled migrants per year into the Australian labour market.
The new regulation 4 prescribes an application fee of $300 in respect of reapplications, that is, the situation where an applicant for a trade certificate who, having had their original application refused, subsequently makes a new application for the same kind of trade certificate. Some applicants make multiple applications, with or without additional information. Currently TRA absorbs the administrative cost of considering these reapplications. Under regulation 4 reapplications will require payment of an application of $300. However, subregulation 4(3) will require the application fee to be refunded in circumstances where a reapplication without additional information results in the grant of a trade certificate. This will ensure that an applicant whose original application was refused in error is not double charged in relation to their application.
It is difficult to identify possible applicants for Australian Recognised Trade Certificates, and as there is no representative body for such applicants, no formal consultation process has been undertaken.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on 1 July 2006.
Overview
The Tradespersons’ Rights (Cost Recovery) Amendment Regulations 2006 (No. 1) were enacted to address the administrative costs incurred by the Department of Employment and Workplace Relations in administering the Tradesmen’s Rights Regulation Act 1946. These regulations were made under the authority of the Minister for Employment and Workplace Relations and aim to facilitate the cost recovery process by adjusting the fees for trade certificate applications, particularly for those who have already undergone skill assessments under the Skilled Migration Programme. The primary objective of these amendments is to streamline the movement of skilled migrants into the Australian labour market by removing the $100 application fee for eligible applicants and ensuring that applicants are not double-charged in the event of a reapplication. This amendment helps balance the administrative costs with the need to efficiently integrate skilled migrants into the workforce.
Scope and Application
The Tradespersons’ Rights (Cost Recovery) Amendment Regulations 2006 (No. 1) amend the Tradespersons’ Rights (Cost Recovery) Regulations 1993, which prescribe fees for making an application for a trade certificate under the Tradesmen’s Rights Regulation Act 1946. The Tradesmen’s Rights Regulation Act 1946 applies to eligible Australian residents who have acquired trade skills outside of the Australian apprenticeship framework and seeks to facilitate the national recognition of their skills in prescribed metal and electrical trades. The Act also applies to the assessment of the trade skills of potential migrants as part of the Department of Immigration and Multicultural Affairs’ Skilled Migration Programme. The Act and its regulations apply nationally across Australia and are administered by Trades Recognition Australia (TRA) within the Department of Employment and Workplace Relations. The Regulations modify the fees for trade certificate applications, removing the reduced fee for applicants previously assessed under the Skilled Migration Programme and introducing a fee for reapplications where the initial application was refused. These Regulations are made under the authority of the Minister for Employment and Workplace Relations and will commence on 1 July 2006.
Key Provisions
The Tradespersons’ Rights (Cost Recovery) Amendment Regulations 2006 (No. 1) make changes to the application fees for trade certificates under the Tradesmen’s Rights Regulation Act 1946. Regulation 3 removes the $100 application fee for individuals who have already had their skills assessed under the Skilled Migration Programme, and thus exempts this group from having to pay an application fee altogether. Regulation 4 introduces a $300 fee for reapplications for trade certificates, where an applicant's original application was refused and they subsequently make a new application for the same kind of trade certificate. However, subregulation 4(3) provides for the refund of this fee if a reapplication without additional information results in the grant of a trade certificate, ensuring that applicants are not unfairly double charged.
The Regulations impose specific obligations on applicants for trade certificates under the Act. Firstly, those who have already had their skills assessed under the Skilled Migration Programme are exempt from paying an application fee, as outlined in regulation 3. Secondly, applicants who make reapplications for trade certificates, after having their original application refused, must pay a $300 fee, as stipulated in regulation 4. The Regulations also require Trades Recognition Australia (TRA) to refund the application fee in circumstances where a reapplication without additional information results in the grant of a trade certificate, as per subregulation 4(3). These obligations are designed to ensure that the costs associated with administering the Act are appropriately managed, while also facilitating the movement of skilled migrants into the Australian labour market.
The Regulations do not explicitly outline any offences, penalties, or consequences for breach. However, failure to comply with the specified obligations, such as not paying the application fee where required, could potentially lead to administrative actions being taken against the non-compliant party. Given the legislative context, such non-compliance might result in delays or denials in the processing of trade certificate applications. There are no stated maximum penalties in the text, but the consequences would likely be governed by the overarching provisions of the Tradesmen’s Rights Regulation Act 1946 and related administrative procedures.