Tradespersons' Rights (Cost Recovery) Regulations (Amendment) 1997 No. 126
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 126
Tradesmen's Rights Regulation Act 1946
Tradespersons' Rights (Cost Recovery) Regulations (Amendment)
The Tradesmen's Rights Regulation Act 1946 (the Act) provides for the recognition of trade skills through the issue of trade certificates which attest that the holder possesses qualifications equivalent to a completed Australian apprenticeship. Trades Recognition Australia (TRA) is part of the Department of Industrial Relations (DIR) and is responsible for administering the Act. Officers of DIR chair the local and central trades committees and, amongst other things, assists the committees by receiving applications, assessing documents provided by applicants and arranging trade tests where a committee requires that a trade test be done.
Section 51A of the Act provides that the Governor-General may make regulations for the purposes of the Act.
Paragraph 51A(2)(a) of the Act provides that regulations may be made ('cost recovery regulations') for the purpose of reimbursing DIR for costs incurred in, or in connection with, the doing by officers of DIR of anything to help committees established under the Act to perform their functions.
The Tradespersons' Rights (Cost Recovery) Regulations (the Regulations) currently provide for a $280 application fee for a trade certificate., a $70 fee for issuing an Australian Recognised Trade Certificate to a selected migrant and a $95 fee if holders of a trade certificate seek a replacement certificate. The fee payable to DIR by an applicant for a trade certificate in respect of the carrying out of a trade test is $185.
The amended Regulations reflect a new fee policy and structure. It is appropriate to increase the fees in order to achieve the full recovery of direct running costs.
Subregulation 3.1 amends:
* subregulation 3(1) of the Regulations to increase the fee payable to DIR in respect of a standard application for skill assessment of Australian residents and overseas residents covered by a migration application from $280 to $355;
* subregulation 3(2) of the Regulations to increase the fee payable to DIR for a trade test for Australian residents from $185 to $270;
* subregulation 3(3) of the Regulations to increase the fee payable to DIP, in respect of issuing an Australian Recognised Trade Certificate to a selected migrant from $70 to $90;
* subregulation 3(4) of the Regulations to increase the fee payable to DIR in respect of an application for a replacement Australian Recognised Trade Certificate from $95 to $120.
The Regulations commence on 1 July 1997.
Overview
The Tradespersons' Rights (Cost Recovery) Regulations (Amendment) 1997 No. 126 amends the Tradespersons' Rights (Cost Recovery) Regulations, which were made under the Tradesmen's Rights Regulation Act 1946. This Act aims to recognise trade skills through the issue of trade certificates, attesting that the holder has qualifications equivalent to a completed Australian apprenticeship. The Department of Industrial Relations (DIR) administers the Act, and these regulations are designed to address the need for reimbursing DIR for costs incurred in supporting the functions of the local and central trades committees. The amendment introduces new fee structures to ensure the full recovery of direct running costs, increasing various fees associated with trade certificate applications, assessments, and trade tests, to be effective from 1 July 1997.
Scope and Application
The Tradespersons' Rights (Cost Recovery) Regulations (Amendment) 1997 No. 126 amends the existing regulations under the Tradesmen's Rights Regulation Act 1946. This Act is a Commonwealth statute that applies to tradespersons seeking to have their skills recognised through the issuance of trade certificates. These certificates attest that the holder has completed an apprenticeship or possesses equivalent qualifications. The Act applies to individuals and entities involved in the trades certification process, including tradespersons, trade assessment committees, and the Department of Industrial Relations (DIR). The Act extends to the entire Commonwealth of Australia, with DIR being responsible for administering the Act and Trades Recognition Australia (TRA) playing a key role in the assessment process. The amended regulations primarily concern the fees payable to DIR for various aspects of the certification process, such as application processing, trade tests, and the issuance of certificates to migrants or for replacements. The amendments increase the fees to better reflect the costs incurred by DIR, with the changes coming into effect on 1 July 1997. The application of these regulations is subject to the broader provisions of the Tradesmen's Rights Regulation Act 1946, and any further modifications to fee structures or processes would be made through subsequent regulations under section 51A of the Act.
Key Provisions
The main operative sections of the Tradespersons' Rights (Cost Recovery) Regulations (Amendment) 1997 No. 126 involve amendments to existing fees associated with applications for trade certificates and related services under the Tradesmen's Rights Regulation Act 1946 (the Act). Specifically, section 51A(2)(a) of the Act allows the Governor-General to make regulations for the purpose of reimbursing the Department of Industrial Relations (DIR) for costs incurred in assisting trades committees. The Regulations amend the fees payable to DIR for various services, including standard applications for skill assessment, trade tests, and the issuance of Australian Recognised Trade Certificates to selected migrants and replacement certificates. For instance, subregulation 3(1) increases the application fee for skill assessment from $280 to $355, while subregulation 3(2) raises the fee for a trade test from $185 to $270. Additionally, subregulation 3(3) raises the fee for issuing an Australian Recognised Trade Certificate to a selected migrant from $70 to $90, and subregulation 3(4) increases the fee for a replacement certificate from $95 to $120.
These amendments impose new financial obligations on applicants for trade certificates and related services. The changes necessitate that applicants for skill assessments, trade tests, Australian Recognised Trade Certificates, and replacement certificates pay the new, increased fees. This includes both Australian residents and overseas residents covered by a migration application, as well as holders of trade certificates seeking replacement certificates. The obligation falls on these applicants to ensure they remit the correct fee as stipulated in the amended Regulations, which is essential for the processing of their applications and the issuance of the respective certificates. DIR is tasked with administering these fees and ensuring compliance with the new fee structure.
The Regulations do not explicitly state specific offences or penalties for breach; however, non-compliance with the fee requirements could result in administrative consequences, such as delays in the processing of applications or the issuance of certificates. Furthermore, if applicants fail to pay the correct fees, DIR may not proceed with the assessment or issuance of certificates until the fees are settled. The financial impact of such delays could indirectly affect applicants, making it crucial for them to adhere to the new fee structure. The Regulations themselves commence on 1 July 1997, and compliance with the new fee structure is mandatory for all relevant applications submitted on or after this date.