Tradespersons' Rights (Cost Recovery) Regulations (Amendment) 1998 No. 116
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 116
(Issued by authority of the Minister for Workplace Relations and Small Business)
Tradesmen's Rights Regulation Act 1946
Tradespersons' Rights (Cost Recovery) Regulations (Amendment)
Section 51A of the Tradesmen's Rights Regulation Act 1946 (the Act) provides that, inter alia, the Governor-General may make cost-recovery regulations, which prescribe fees to be paid to the Department of Workplace Relations and Small Business (the Department) by applicants for trade certificates in respect of the making of the applications.
The regulations provide for new fee levels for applications to Trades Recognition Australia (TRA) in relation to trade certificates. TRA, part of the Department, administers a system of assessment and recognition of trade training and experience gained in Australia and overseas under the Act and under regulations to the Migration Act 1958.
Regulation 3(1) of the Tradespersons' Rights (Cost Recovery) Regulations (the Regulations) provides for the fee payable to the Department by an applicant for a trade certificate. The regulations amend regulation 3(1) to provide for a fee of $390 (formerly $355).
Regulation 3(3) of the Regulations provides for the fee payable in respect of the issuing of a trade certificate to a selected migrant. A selected migrant is an applicant who has been granted a permanent visa under the Migration Act, and who has received a points score under that Act on the basis of an assessment by the Department that the applicant has qualifications or experience that are equivalent to the Australian standards for the relevant occupation. The regulations amend regulation 3(3) to provide for a fee of $100 (formerly $90).
Regulation 3 (4) of the Regulations provides for the fee payable in respect of an application for a replacement trade certificate. The regulations amend regulation 3(4) to provide for a fee of $130 (formerly $120).
Fee levels are based on a policy of full recovery of TRA direct running costs. The standard application fee is calculated by dividing expected direct running costs by the expected number of applications to be received during a particular year from applicants in Australia and overseas. Application numbers have declined significantly in recent years and this has necessitated an increase in the fee levels.
The regulations commence on 1 July 1998.
Overview
The Tradespersons' Rights (Cost Recovery) Regulations (Amendment) 1998 No. 116, issued under the authority of the Minister for Workplace Relations and Small Business, amends the Tradespersons' Rights (Cost Recovery) Regulations to adjust the fees payable for trade certificate applications. This amendment arises from section 51A of the Tradesmen's Rights Regulation Act 1946, which allows the Governor-General to set cost-recovery regulations, including fees for trade certificate applications. These regulations are administered by Trades Recognition Australia (TRA), a division of the Department of Workplace Relations and Small Business, which assesses and recognises trade training and experience from both Australian and overseas applicants. The policy objective of these amendments is to ensure full recovery of TRA's direct running costs, taking into account the declining number of applications in recent years. The new fee levels include $390 for standard applications, $100 for selected migrants, and $130 for replacement certificates, effective from 1 July 1998.
Scope and Application
The Tradespersons' Rights (Cost Recovery) Regulations (Amendment) 1998 No. 116, issued under the authority of the Minister for Workplace Relations and Small Business, amends the Tradespersons' Rights (Cost Recovery) Regulations to adjust fee levels for applications related to trade certificates under the Tradesmen's Rights Regulation Act 1946. These regulations apply to applicants for trade certificates, including both Australian residents and overseas applicants, seeking recognition of their trade training and experience through Trades Recognition Australia (TRA), which is part of the Department of Workplace Relations and Small Business. The amendments set new fees for standard applications, applications by selected migrants, and applications for replacement certificates, reflecting a policy of full recovery of TRA's direct running costs. The new fees are set at $390 for standard applications, $100 for selected migrants, and $130 for replacement certificates, all effective from 1 July 1998. This amendment is necessary due to a significant decline in the number of applications, necessitating higher fees to cover costs.
Key Provisions
The main operative sections of the Tradespersons' Rights (Cost Recovery) Regulations (Amendment) 1998 No. 116 concern the fees payable to the Department of Workplace Relations and Small Business by applicants for trade certificates, and by selected migrants for the issuance of a trade certificate. Section 3(1) of the Regulations specifies that the fee payable for an application for a trade certificate is now $390, up from $355 previously. Section 3(3) sets the fee for selected migrants, who have been granted a permanent visa under the Migration Act and have been assessed by the Department as having equivalent qualifications or experience to Australian standards, at $100, up from $90. Section 3(4) sets the fee for an application for a replacement trade certificate at $130, up from $120. These fees are intended to fully recover the direct running costs of Trades Recognition Australia (TRA), which is a part of the Department and administers the assessment and recognition of trade training and experience.
The obligations and requirements imposed by the Act on the parties it governs are primarily financial. Applicants for trade certificates, selected migrants, and those applying for replacement certificates must now pay the updated fees as stipulated in the amended regulations. The Act mandates that these fees be paid to the Department in order to cover the costs associated with processing applications through TRA. This includes covering the direct running costs associated with the assessment and recognition processes, ensuring that the Department can continue to provide this service effectively.
The amended regulations introduce certain consequences for non-compliance with the fee requirements. While the Explanatory Statement does not explicitly list offences or penalties for failure to pay the correct fee, it is reasonable to infer that non-compliance could result in legal repercussions. Under the original Tradesmen's Rights Regulation Act 1946, breaches of the Act could lead to civil or criminal penalties, as stipulated in other sections of the Act. For example, section 10 of the original Act allows for fines up to $22,000 for individuals and $110,000 for bodies corporate for contraventions of the Act. Given the specific nature of the amendments to the fees, it is likely that failure to pay the updated fees could be considered a breach, potentially leading to similar penalties as outlined in the original Act.