EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment, Education and Training
STATUTORY RULES NO. 323
TRAINING GUARANTEE REGULATIONS
Legislative Authority
1. The Training Guarantee (Administration) Act 1990 (The Act) and the Training Guarantee Act 1990 provide the legislative authority for the Training Guarantee Scheme. Under this scheme, employers with a payroll of $200,000 or more are required to spend a minimum amount on eligible training activities.
2. Section 102 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
Regulations
3. The legislation makes provision for the issuing of training advisory certificates by industry training agents to employers stating that certain activities and types of expenditure are eligible. A training certificate can also be issued by the Training Advisory Body to the Commissioner of Taxation, an industry training agent or an employer who is appealing against a refusal by an industry training agent. This certificate can state that certain activities or expenditures are eligible or that they are not eligible.
4. The Statutory Rules set out the type of information that will need to be included in the training advisory certificate and the fee that can be charged for the issue of a certificate.
Conunencement
5. The Statutory Rules will take effect on 31 October, by a separate proclamation.
Related legislation
6. Guidelines for the registration of industry training agents are being tabled and proclaimed at the same time. These guidelines, issued by the Minister under the authority of Part 10 of the Act, will enable the Training Advisory Body to register industry training agents who will then be able to issue training advisory certificates.
Details of the regulations
7. Details of the regulations are attached.
Attachment
Proposed Training Guarantee (Administration) Regulations
Regulation 1 provides that the Regulations are to be cited as the Training Guarantee (Administration) Regulations.
Regulation 2 provides that in these regulations “the Act” means the Training Guarantee (Administration) Act 199Q
Regulation 3 provides that a training advisory certificate issued by an industry training agent or by the Training Advisory Body must include the following information (but is not limited to it)
a statement setting out the provisions of the Act under which the certificate is issued
the name of the Training Advisory Body
where the certificate is issued by an industry training agent, the name of the agent and the registration number (if any) given to the agent by the Training Advisory Body
the date on which the certificate is issued
where the certificate is issued to an employer, the registered name and the trading name of the employer
where the certificate is issued to an industry training agent, the name and registration number (if any) of the agent
particulars of activities that constitute or do not constitute an eligible training program, as appropriate
particulars of types of expenditure that constitute or do not constitute eligible training expenditure, as appropriate
the period for which the certificate is in force
the registration number of the certificate (if any)
the name and signature of the person issuing the certificate
Note that under section 43 of the Act, an industry training agent can only issue a certificate stating that certain activities and types of expenditures are eligible. Where the agent does not consider that these activities and types of expenditure meet the requirements of the Act, it will notify the employer in writing of the reasons. However, under section 44 of the Act, the Training Advisory Body can issue a certificate stating that certain activities and types of expenditures are or are not eligible.
Regulation 4 sets the fee for the issue of a training advisory certificate at $200.