Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698847083722.pdf (New Zealand)
Reprint as at 3 December 2007 Industry Training Act 1992 Public Act Date of assent 1992 No 55 19 June 1992 Contents Title Short Title and commencement Part 1 Preliminary Interpretation Training contracts to have effect as employment agreements Act binds the Crown Part 2 Recognition of industry training organisations and funding of training activities Minister may recognise certain organisations Minister must be satisﬁed of organisation’s abilities Page 4 4 5 7 7 8 8 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Education.
1 Industry Training Act 1992 Reprinted as at 3 December 2007 Matters to which Minister must have regard before recognising organisations Provisional recognition Expiry and cancellation of recognition Industry training organisation’s proﬁle must identify activities for which it seeks funding Power to fund if employer switches industry training organisation Matters to which Commission must have regard in determining whether to approve proﬁle for funding purposes Commission may require industry training organisation to provide information [Repealed] Additional functions of Commission Part 3 Technicians Training Act 1967 and Apprenticeship Act 1983 Technicians Training Act 1967 and Apprenticeship Act 1983 repealed Transitional Certain repealed provisions deemed to form part of existing contracts Powers of Commission in relation to existing contracts Powers of Commission in relation to other training programmes Consequential amendment Part 4 Industrial Training Levies Act 1978 and Vocational Training Act 1982 [Repealed] Commencement of provisions deferred for 2 years [Repealed] Repeals [Repealed] Industry training boards dissolved [Repealed] Employers may be levied to meet shortfall in assets of dissolved board [Repealed] Part 5 Training levies Purpose Interpretation 10 11 12 14 16 10A Reprinted as at 3 December 2007 Industry Training Act 1992 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
 Imposition of levy Governor­General may impose levy Restrictions on making of levy orders Matters to be speciﬁed in levy orders Purposes for which levy may be required Levy order may require provision of information Ballots Independent returning ofﬁcer must conduct ballot Industry training organisation must identify potential members of levy group Returning ofﬁcer must notify potential members of levy group Commission resolves coverage disputes Population to be balloted Requirements of ballot papers
 Returning ofﬁcer must count votes Returning ofﬁcer must keep ballot papers, etc Collection of levy Levy is payable by qualifying members to industry training organisation Certiﬁcate of exemption Method of collecting levy Levy order may provide for collection by agent Collection of levy if person switches industry training organisation Duties of industry training organisations and others in relation to levies Levy funds must be kept in separate bank accounts and used only for authorised purposes Duty to keep records Duty to provide annual report Duty to protect commercially sensitive information Disputes Arbitration or mediation system must be established Disputes about coverage Appeals to District Court Conﬁrmation and expiry of orders 51 Orders must be conﬁrmed 24 25 26 26 27 27 27 28 28 29 29 29 30 30 30 31 31 31 32 32 33 34 34 35 35 35 3 Industry Training Act 1992 Reprinted as at 3 December 2007 52 Expiry of levy orders Schedule 1 Consequential repeals Schedule 2 Enactments repealed Schedule 3 Consequential revocations Schedule 4 Matters to be speciﬁed in levy orders 36 37 37 38 38 An Act to— (a) Provide for the recognition and funding of organisations (to be known as industry training organisations) setting skill standards for, and administering the delivery of, industry­based training; and Encourage and improve industry­based training; and the Technicians Training Act 1967 and the Repeal Apprenticeship Act 1983, and provide for the continued administration of
 contracts under those Acts; and receiving Provide industry­based training arrangements in the nature of apprenticeship, or under contracts under the Technicians Training Act 1967 or the Apprenticeship Act 1983; and Provide for other related matters people certain of under protection training the for (b) (c) (d) (e) BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) (2) Short Title and commencement This Act may be cited as the Industry Training Act 1992.
Except as provided in section 20 of this Act, this Act shall come into force on the 1st day of July 1992.
4 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 1 s 2 2 Part 1 Preliminary this deﬁnition was repealed, as from 1 January 2003, by section Interpretation In this Act, unless the context otherwise requires,— Agency[Repealed] Agency: this deﬁnition was amended, as from 1 August 2000, by regulation 4(1) Education (Change of Name of Education Entities) Order 2000 (SR 2000/117) by substituting the words “Skill New Zealand” for the words “the Education and Training Support Agency”.
Agency: 4(1) Industry Training Amendment Act 2002 (2002 No 51).

[Repealed] Applicant organisation[Repealed] applicant organisation: this deﬁnition was repealed, as from 1 January 2003, by section 4(1) Industry Training Amendment Act 2002 (2002 No 51).
[Repealed] Apprenticeship contract means a contract of apprenticeship, registered under section 13 of the Apprenticeship Act 1983, that was in force immediately before the 1st day of July 1992 Apprenticeship contract: this deﬁnition was amended (as from 1 July 1992) by section 2 Industry Training Amendment Act 1993 (1993 No 52) by substituting the expression “13” for the expression “19”.
Board[Repealed] Board: this deﬁnition was repealed, as from 1 January 2003, by section 4(1) In­ dustry Training Amendment Act 2002 (2002 No 51).

[Repealed] Commission means the Tertiary Education Commission es­ tablished by section 159C of the Education Act 1989.

Commission: this deﬁnition was inserted, as from 1 January 2003, by section 4(2) Industry Training Amendment Act 2002 (2002 No 51).
employment agreement has the same meaning as in the Employment Relations Act 2000 Employment agreement: this deﬁnition was substituted for the deﬁnition of the term Employment contract, as from 2 October 2000, by section 240 Employ­ ment Relations Act 2000 (2000 No 24).

Employment contract[Repealed] Employment contract: this deﬁnition was replaced by a deﬁnition of the term Employment agreement, as from 2 October 2000 by section 240 Employment Relations Act 2000 (2000 No 24).
[Repealed] 5 Part 1 s 2 Industry Training Act 1992 Reprinted as at 3 December 2007 Funding agreement[Repealed] Funding agreement: this deﬁnition was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substitut­ ing the words “section 10(1), (2), or (2A)” for the words “subsection (1) or subsection (2) of section 10 of this Act”.
Funding agreement: this deﬁnition was repealed, as from 1 January 2004, by section 4(3)Industry Training Amendment Act 2002 (2002 No 51).
[Repealed] Industry means 2 or more enterprises that use— (a) Similar inputs and methods of production to produce similar products; or (b) Similar methods to provide similar services;— and, in relation to any industry training organisation, means the industry in respect of which the organisation is for the time being recognised Industry training means systematic training, provided for people employed in an industry (or 2 or more industries)— (a) By or on behalf of employers in the industry (or indus­ tries); or For the beneﬁt of employers and employees in the in­ dustry (or industries),— (b) in skills characteristic of, or likely to be valuable to, people engaged in the industry (or industries) Industry training organisation means a body corporate for the time being recognised under section 5 or section 8(1) of this Act Minister means the Minister of the Crown who, under the au­ thority of any warrant or with the authority of the Prime Min­ ister, is for the time being responsible for the administration of this Act proﬁle means a document of the kind described in section 159W of the Education Act 1989. proﬁle: this deﬁnition was inserted, as from 1 January 2004, by section 4(4)In­ dustry Training Amendment Act 2002 (2002 No 51).
Qualiﬁcations authority means the New Zealand Qualiﬁca­ tions Authority established by section 248(1) of the Education Act 1989 Recognise means recognise for the purposes of this Act Satisﬁed means satisﬁed on reasonable grounds 6 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 1 s 4 Similar includes the same, and related Skills includes methods and knowledge Skill standard,— (a) Means a speciﬁcation of skills, and levels of perform­ (b) ance in those skills; and In relation to any industry training (or proposed industry training), means a speciﬁcation of some or all of the skills in which training is (or is proposed to be) received, and the levels of performance in those skills intended to be attained by people receiving the training: statement of tertiary education priorities means the state­ ment of tertiary education priorities issued by the Minister under section 159AC of the Education Act 1989. statement of tertiary education priorities: this deﬁnition was inserted, as from 1 January 2003, by section 4(5) Industry Training Amendment Act 2002 (2002 No 51).
Technician’s contract means a contract (within the meaning of section 2 of the Technicians Training Act 1967) that was in force immediately before the 1st day of July 1992 Technicians’ determination means a determination under section 4 of the Technicians Training Act 1967 (whether or not at any time amended or consolidated under that Act) that was in force immediately before the 1st day of July 1992 Training board means an industry training board established under the Vocational Training Act 1982.
3 Training contracts to have effect as employment agreements Any contract between an employer and an employee that re­ lates to the employee’s receiving, or provides for the employee to receive, industry training (whether provided by the em­ ployer or by some other person) is for all purposes deemed to be part of the employee’s employment agreement.

Section 3 was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).

4 Act binds the Crown This Act binds the Crown.
7 Part 2 s 5 Industry Training Act 1992 Reprinted as at 3 December 2007 Part 2 Recognition of industry training organisations and funding of training activities Minister may recognise certain organisations Subject to section 6 of this Act, the Minister may, by notice in the Gazette specifying the name of the body and the industry in respect of which it is recognised, recognise in respect of any industry any body corporate that applies to the Minister to be recognised in respect of that industry.
The Minister may, at the request of an industry training or­ ganisation, at any time before that industry training organisa­ tion’s recognition expires, amend the description of the indus­ try in respect of which that industry training organisation is recognised, by publishing a notice in the Gazette specifying the name of the industry training organisation and the amended description of the industry in respect of which it is recognised.
The heading to section 5 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Board”.

The heading to section 5 was amended, as from 1 January 2004, by section 5(1)Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Minister” for the word “Commission”.
Subsection (1) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Com­ mission” for the word “Board” in both places where it occurs.

Subsection (1) was amended, as from 1 January 2004, by section 5(2)Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Minis­ ter” for the word “Commission” in both places where it occurs.
Subsection (2) was inserted, as from 1 January 2003, by section 5(3) Industry Training Amendment Act 2002 (2002 No 51).

Subsection (2) was amended, as from 1 January 2004, by section 5(4)Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Minis­ ter” for the word “Commission”.
Minister must be satisﬁed of organisation’s abilities The Minister shall not recognise an applicant organisation in respect of any industry unless satisﬁed, having consulted the qualiﬁcations authority and having had regard to the matters speciﬁed in section 7 of this Act, that the organisation (either alone, or as 1 of 2 or more recognised organisations acting in 5 (1) (2) 6 8 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 2 s 6 respect of training relevant to all their industries) can effect­ ively and efﬁciently— (a) Set for the industry in respect of which the organisation wishes to be recognised (or that industry and the other industry or industries concerned) skill standards that the qualiﬁcations authority is likely to be prepared to regis­ ter; and (b) Develop arrangements for the delivery of industry train­ ing that will enable trainees to attain those standards, in­ cluding arrangements (being arrangements likely to be acceptable to the qualiﬁcations authority) for— (i) The monitoring of the training so as to ensure that it enables trainees to attain those standards; and The assessing of trainees and of the extent to which they have in fact attained those standards (ii) (c) ; and provide leadership within the industry on matters relat­ ing to skill and training needs by— (i) (ii) identifying current and future skill needs; and developing strategic training plans to assist the industry to meet those needs; and promoting training that will meet those needs to employers and employees; and (iii) (d) develop arrangements for the collective representation of employees in the governance of the organisation.
The heading to section 6 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Board”.

The heading to section 6 was amended, as from 1 January 2004, by section 6(1)Industry Training Amendment Act 2002 (2002 No 51) by substituting the words “Minister must” for the words “Commission to”.
Section 6 (that part before paragraph (a)) was amended, as from 1 January 2003, by section 20Industry Training Amendment Act 2002 (2002 No 51) by substi­ tuting the word “Commission” for the word “Board”.

Section 6 (that part before paragraph (a)) was amended, as from 1 January 2004, by section 6(2)Industry Training Amendment Act 2002 (2002 No 51) by sub­ stituting the word “Minister” for the word “Commission”.
Paragraph (b) was amended, as from 1 January 2003, by section 6(3) Industry Training Amendment Act 2002 (2002 No 51) by inserting the expression “; and”.

Paragraphs (c) and (d) were inserted, as from 1 January 2003, by section 6(3) In­ dustry Training Amendment Act 2002 (2002 No 51).
9 Part 2 s 7 Industry Training Act 1992 Reprinted as at 3 December 2007 Matters to which Minister must have regard before recognising organisations The matters to which the Minister must have regard before recognising an applicant organisation are— (a) The extent to which the organisation represents and is funded by employers of people engaged in the industry in respect of which the organisation wishes to be recog­ nised; and The organisation’s— (i) (ii) Knowledge of; and Likely responsiveness to the level of demand within that industry for industry training that will enable trainees to attain,— (b) (e) (c) (d) the skills, and the levels of performance in those skills, that that industry needs; and The organisation’s resources of skill and knowledge generally; and The organisation’s intentions in relation to the involve­ ment of people employed in that industry in the doing of the things referred to in section 6(a) to (c); and The desirability of avoiding unneccessary duplication of effort in the doing of those things; and The extent to which the organisation intends that the in­ dustry training whose delivery is to be arranged should extend through a range of levels in the framework for national qualiﬁcations in post­school education and training developed by the qualiﬁcations authority under section 253(1)(c) of the Education Act 1989; and (g) whether the organisation has performed satisfactorily at other times when the organisation has been recognised or provisionally recognised; and (f) (h) whether the organisation has taken reasonable steps to avoid fragmentation and to provide a clear and repre­ sentative industry focus for each organisation; and (i) The heading to section 7 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Board”.
7 10 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 2 s 8 The heading to section 7 was amended, as from 1 January 2004, by section 7(1)Industry Training Amendment Act 2002 (2002 No 51) by substituting the words “Minister must” for the words “Commission is to”.

Section 7 (that part before paragraph (a)) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substi­ tuting the word “Commission” for the word “Board”.
Section 7 (that part before paragraph (a)) was amended, as from 1 January 2004, by section 7(2)Industry Training Amendment Act 2002 (2002 No 51) by sub­ stituting the words “Minister must” for the words “Commission is to”.

Paragraph (d) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 by substituting the words “section 6(a) to (c)” for the words “paragraphs (a) and (b) of section 6 of this Act”.
Paragraph (g) was amended, as from 25 June 1993, by section 20(2) Education Amendment Act 1993 (1993 No 51) by substituting the words “document of accountability” for the word “charter”.

Paragraph (g) was substituted, as from 1 January 2003, by section 7(3) Industry Training Amendment Act 2002 (2002 No 51).

Paragraphs (h) and (i) were inserted, as from 1 January 2003, by section 7(3) In­ dustry Training Amendment Act 2002 (2002 No 51).
Paragraph (i) was repealed, as from 1 January 2004, by section 7(4)Industry Training Amendment Act 2002 (2002 No 51).
Provisional recognition 8 (1) Notwithstanding section 6 of this Act, if not satisﬁed that an organisation seeking recognition meets all the requirements of that section, but satisﬁed that— (a) By taking certain actions the organisation will be able to meet all those requirements; and In all the circumstances, it is appropriate that in the meantime the Commission should be able to fund the organisation,— (b) (2) the Minister may, by written notice to the organisation, provi­ sionally recognise it.
The notice shall specify— (a) The actions the organisation should take to meet the requirements of section 6 of this Act; and The period (not exceeding 3 years) from the date of the notice for which provisional recognition has been granted.

(b) Subsection (1) was amended, as from 1 January 2003, by section 20Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Com­ mission” for the word “Board” in both place places where it appears.
11 Part 2 s 9 Industry Training Act 1992 Reprinted as at 3 December 2007 Subsection (1) (that part before paragraph (a)) was amended, as from 1 January 2004, by section 8(1)Industry Training Amendment Act 2002 (2002 No 51) by substituting the words “organisation seeking recognition” for the words “ap­ plicant organisation”.
Subsection (1)(b) was amended, as from 1 January 2004, by section 8(2)In­ dustry Training Amendment Act 2002 (2002 No 51) by substituting the word “fund” for the words “enter into funding agreements with”.

Subsection (1) (that part after paragraph (b)) was amended, as from 1 January 2004, by section 8(3)Industry Training Amendment Act 2002 (2002 No 51) by substituting the words “Minister may” for the words “Commission may”.
9 (1) (2) (3) Expiry and cancellation of recognition The recognition of an industry training organisation under sec­ tion 5 of this Act expires 5 years after it is granted.

The recognition of an industry training organisation under sec­ tion 8(1) of this Act expires when— (a) (b) The period for which it was granted expires; or The organisation is recognised under section 5 of this Act.
The Minister may cancel the recognition of an industry train­ ing organisation under this Act (with immediate effect)— (a) (ab) (b) If it asks the Minister to cancel its recognition; or if the circumstances in subsection (3A) apply; or If the Minister is satisﬁed that the organisation no longer exists.
(a) (3A) The circumstances referred to in subsection (3)(ab) are that— the Minister has issued a notice to the organisation, in accordance with subsection (3B), stating that he or she considers that the organisation’s performance is inad­ equate because it is not meeting 1 or more of the re­ quirements under section 6(a) to (d); and the period of time speciﬁed in the notice within which the organisation must improve its performance has elapsed; and the Minister is satisﬁed that the organisation’s perform­ ance continues to be inadequate for the reason speciﬁed in the notice.
(b) (c) (3B) A notice under subsection (3A) must— be in writing; and specify— (a) (b) 12 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 2 s 9 (i) the areas in which the Minister considers the or­ ganisation’s performance to be inadequate, with reference to the requirements under section 6(a) to (d); and (ii) what actions that the organisation should take to (iii) (iv) improve its performance; and the period, which must be a reasonable period, within which the organisation must improve its performance; and the fact that the Minister may cancel the organ­ isation’s recognition, under subsection (3)(ab), if it fails to improve its performance within that period.
(4) Nothing in this section prevents an organisation whose recog­ nition has expired under subsection (1) or subsection (2), or been cancelled under subsection (3)(a) or (ab), from seeking recognition in accordance with section 5 and being recognised in accordance with that section or section 8(1).

Subsection (3) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Com­ mission” for the word “Board” wherever it occurs.
Subsection (3) was amended, as from 1 January 2004, by section 9(1)Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Minis­ ter” for the word “Commission” wherever it occurs.

See section 15 of that Act for a transitional provision relating to recognition.

Subsection (3)(ab) was inserted, as from 1 January 2003, by section 9(2) Indus­ try Training Amendment Act 2002 (2002 No 51).
Subsections (3A) and (3B) were inserted, as from 1 January 2003, by section 9(3) Industry Training Amendment Act 2002 (2002 No 51).

Subsection (3A) was amended, as from 1 January 2004, by section 9(5)Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Min­ ister” for the word “Commission” in both places where it occurs.

See section 15 of that Act for a transitional provision relating to recognition.
Subsection (3A)(a) was amended, as from 1 January 2004, by section 9(6)In­ dustry Training Amendment Act 2002 (2002 No 51) by substituting the words “he or she considers” for the words “it considers”.

See section 15 of that Act for a transitional provision relating to recognition.

Subsection (3B) was amended, as from 1 January 2004, by section 9(7)Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Min­ ister” for the word “Commission” in both places where it occurs.
See section 15 of that Act for a transitional provision relating to recognition.

Subsection (4) was substituted, as from 1 January 2003, by section 9(4) Industry Training Amendment Act 2002 (2002 No 51).
13 Part 2 s 10 Industry Training Act 1992 Reprinted as at 3 December 2007 10 Industry training organisation’s proﬁle must identify activities for which it seeks funding (1) An industry training organisation that seeks funding under sec­ (b) tion 159ZC of the Education Act 1989 must— (a) prepare a charter in accordance with section 159O of the Education Act 1989 and have it approved under section 159P of that Act; and prepare a proﬁle (or a combined proﬁle if 2 or more or­ ganisations seek the funding) that identiﬁes the activity or activities set out in subsection (2) for which the fund­ ing is sought.
The activities are— (a) setting skill standards for the industry (or industries); and developing arrangements for the delivery (not being de­ livery by the organisation itself or organisations them­ selves) of industry training intended to enable trainees to attain those standards, including arrangements for— monitoring the training to ensure that it enables (i) trainees to attain those standards; and assessing trainees and the extent to which they have in fact attained those standards; and (ii) (b) (c) making arrangements for the delivery (not being de­ livery by the organisation itself or organisations them­ selves) of industry training that will enable trainees to attain skill standards previously set by the organisa­ tion (or organisations) and registered by the qualiﬁca­ tions authority, including arrangements accepted by the qualiﬁcations authority for— (i) monitoring the training to ensure that it enables trainees to attain those standards; and assessing trainees and the extent to which they have in fact attained those standards; and (ii) (d) making arrangements for the delivery (not being de­ livery by the organisation itself or organisations them­ selves) of industry training under apprenticeship con­ tracts, technicians’ contracts, or programmes of indus­ try training recognised under section 18(a), that will en­ able trainees to attain skill standards likely to be regis­ (2) 14 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 2 s 10 tered by the qualiﬁcations authority, including
 arrange­ ments likely to be accepted by the qualiﬁcations author­ ity for— (i) monitoring the training to ensure that it enables trainees to attain the levels of skill intended; and assessing trainees and the extent to which they have in fact attained those levels of skill; and (ii) (e) providing leadership within the industry on matters re­ lating to skill and training needs by— (i) (ii) identifying current and future skill needs; and developing strategic training plans to assist the industry to meet those needs; and promoting training that will meet those needs to employers and employees; and (iii) (f) (3) (b) developing arrangements for the collective representa­ tion of employees in the governance of the organisation.
Every proﬁle of an industry training organisation, or combined proﬁle of 2 or more industry training organisations, must— (a) specify agreed levels of performance for the industry training organisation or organisations to which the pro­ ﬁle relates; and provide for the variation, suspension, and termination of funding if those levels of performance are not achieved.
(4) Nothing in this section limits any other requirement as to the content and form of proﬁles that may be notiﬁed by the Com­ mission under section 159X of the Education Act 1989.

The heading to section 10 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Board”.
Section 10 was amended, as from 1 January 2003, by section 20 Industry Train­ ing Amendment Act 2002 (2002 No 51) by substituting the word “Commis­ sion” for the word “Board” wherever it appears.. Subsection (1)(c) was substituted, as from 1 January 2003, by section 10(1) In­ dustry Training Amendment Act 2002 (2002 No 51) Subsection (1)(d) and (1)(e) was inserted, as from 1 January 2003, by section 10(1) Industry Training Amendment Act 2002 (2002 No 51).
Subsection (2A) was inserted, as from 1 January 2003, by section 10(2) Industry Training Amendment Act 2002 (2002 No 51).

Section 10 was substituted, as from 1 January 2004, by section 11Industry Train­ ing Amendment Act 2002 (2002 No 51).
15 Part 2 s 10A Industry Training Act 1992 Reprinted as at 3 December 2007 10A Power to fund if employer switches industry training organisation The Commission may approve, for funding purposes, the pro­ ﬁle of an industry training organisation under which it seeks to manage the delivery of industry training to the employees of a particular employer who is not part of the industry speciﬁed in the Gazette notice published under section 5 relating to the industry training organisation, if— (a) that employer has applied to the Commission in writ­ ing for industry training to be managed by the industry training organisation; and the Commission is satisﬁed that the employer’s appli­ cation should be granted because either— (i) (b) (ii) the industry training organisation that manages training for the employer’s industry does not have the capacity to provide a satisfactory ser­ vice to the employer; or the employer faces signiﬁcant administrative and compliance costs (but not taking into account the cost of any training levies) because its training needs are covered by more than 1 industry train­ ing organisation; and (c) the Commission is satisﬁed that the industry training organisation is capable of managing delivery of industry training that will enable the employees of the employer to attain the skill standards applicable in the industry to which the training relates.
Section 10A was inserted, as from 1 January 2004, by section 11Industry Train­ ing Amendment Act 2002 (2002 No 51).
11 Matters to which Commission must have regard in determining whether to approve proﬁle for funding purposes In determining whether to approve an industry training organ­ isation’s proﬁle, or a part of its proﬁle, for funding purposes, the Commission must have regard to the following matters: (a) the amount of training to which it relates, and the likely number of trainees to be trained in accordance with it; and 16 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 2 s 12 (b) (c) (d) the desirability of introducing into the organisation’s in­ dustry (or the organisations’ industries) skills (whether new skills or enhanced existing skills) likely to increase its (or their) international competitiveness; and the desirability of extending industry training to indus­ tries, or areas of any industry (or industries), where in­ dustry training linked to nationally recognised qualiﬁ­ cations has not traditionally been available; and the desirability of extending industry training to people of a kind or description speciﬁed in the Commission’s statement of intent as people to whom industry train­ ing linked to nationally recognised qualiﬁcations has not traditionally been available (whether within any in­ dustry or industries, or generally).
The heading to section 11 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Board”.

Section 11 (that part before paragraph (a)) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Board”.
Paragraph (d) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the words “Com­ mission’s statement of intent” for the words “Board’s charter”.

Paragraph (e) was amended, as from 25 June 1993, by section 20(2) Education Amendment Act 1993 (1993 No 51) by substituting the words “document of accountability” for the word “charter”.
Paragraph (e) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the words “Com­ mission’s statement of intent” for the words “Board’s document of accountabil­ ity”.

Section 11 was substituted, as from 1 January 2004, by section 12Industry Train­ ing Amendment Act 2002 (2002 No 51).
12 Commission may require industry training organisation to provide information [Repealed] The heading to section 12 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Board”.
Section 12 was amended, as from 1 January 2003, by section 20 Industry Train­ ing Amendment Act 2002 (2002 No 51) by substituting the word “Commis­ sion” for the word “Board” in both places where it occurs.. 17 Part 2 s 13 Industry Training Act 1992 Reprinted as at 3 December 2007 Section 12 was repealed, as from 1 January 2004, by section 13Industry Train­ ing Amendment Act 2002 (2002 No 51).
Additional functions of Commission In addition to the functions given to the Commission by or under enactments other than this Act, the Commission has the following functions: (a) (b) (c) (d) (e) To promote the wide availability within industry of high quality industry training linked to nationally recognised qualiﬁcations: To promote the availability of industry training linked to nationally recognised qualiﬁcations to people of a kind or description speciﬁed in the Commission’s statement of intent as people to whom such training has not trad­ itionally been available (whether within any industry or industries, or generally): To administer and disburse public money appropriated by Parliament for the purpose of industry training: To promote, in accordance with its statement of intent, the protection of the interests of— (i) People receiving training under apprenticeship contracts or technician’s contracts; and People receiving training under programmes of industry training recognised under section 18(a) of this Act: (ii) To ensure that there are in place, and monitor and en­ sure the effectiveness of, systems to maintain at a sat­ isfactory level the quality and effectiveness of industry training— (i) Received under apprenticeship contracts or tech­ nician’s contracts; or Comprising or forming part of a programme of industry training recognised under section 18(a) of this Act,— (ii) (other than training in respect of which the qualiﬁca­ tions authority has notiﬁed the Commission that it has registered skill standards and accepted arrangements for monitoring the delivery of the training and assessing trainees).
13 18 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 3 s 14 (f) to exercise the powers and perform the functions of the Commission under Part 5.

The heading to section 13 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Agency”.
Section 13 was amended, as from 1 January 2003, by section 20 Industry Train­ ing Amendment Act 2002 (2002 No 51) by substituting the word “Commis­ sion” for the word “Agency” in both places where it occurs.

Section 13 (that part before paragraph (a)) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by omitting the words “(and Part XXI of the Education ACT 1989 shall have effect accordingly)”.
Paragraph (b) was amended, as from 25 June 1993, by section 20(2) Education Amendment Act 1993 (1993 No 51) by substituting the words “document of accountability” for the word “charter” in each case.

Paragraph (b) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the words “Com­ mission’s statement of intent” for the words “Board’s document of accountabil­ ity”.
Paragraph (d) was amended, as from 25 June 1993, by section 20(2) Education Amendment Act 1993 (1993 No 51) by substituting the words “document of accountability” for the word “charter” in each case.

Paragraph (d) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the words “state­ ment of intent” for the words “document of accountability”.
Paragraph (e) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Com­ mission” for the word “Board”.

Paragraph (f) was inserted, as from 1 January 2003, by section 14 Industry Training Amendment Act 2002 (2002 No 51).
Part 3 Technicians Training Act 1967 and Apprenticeship Act 1983 14 (1) (2) (3) Technicians Training Act 1967 and Apprenticeship Act 1983 repealed The Technicians Training Act 1967 and the Apprenticeship Act 1983 are hereby repealed.

The enactments speciﬁed in Schedule 1 to this Act are hereby consequentially repealed.

The Orders in Council speciﬁed in Schedule 3 to this Act are hereby consequentially revoked.
19 Part 3 s 15 Industry Training Act 1992 Reprinted as at 3 December 2007 Transitional Notwithstanding section 14 of this Act,— (a) (b) (c) (d) (e) Every apprenticeship contract shall continue in exis­ tence until the day on which it is expressed to expire or an earlier day speciﬁed for the purpose under section 17(b) of this Act: Every apprenticeship order shall continue in existence, and have effect according to its tenor, until every ap­ prenticeship contract to which it applies has expired, and shall then expire: Every technician’s contract shall continue in existence until determined according to law: Every technicians’ determination shall continue in exis­ tence, and have effect according to its tenor, until every technician’s contract to which it applies has expired, and shall then expire: subject to section 16 of this Act and to paragraph (b) of this section and sections 80 to 252 of the Employment Relations Act 2000 apply to every technician’s contract and apprenticeship contract as if it were an employment agreement within the meaning of that Act.
Paragraph (e) was substituted, as from 2 October 2000 by section 240 Employ­ ment Relations Act 2000 (2000 No 24).

Certain repealed provisions deemed to form part of existing contracts Notwithstanding section 14 of this Act, sections 14 to 19 and 51 of the Apprenticeship Act 1983 shall be deemed to form part of every apprenticeship contract; but as if every reference in sections 14 to 19 to a District Commissioner or local com­ mittee is a reference to the Commission.
Section 16: amended, on 3 December 2007, by section 445 of the Insolvency Act 2006 (2006 No 55).

Section 16 was amended, as from 1 January 2003, by section 20 Industry Train­ ing Amendment Act 2002 (2002 No 51) by substituting the word “Commis­ sion” for the word “Board”.
Powers of Commission in relation to existing contracts The Commission may— (a) On the recommendation of— 15 16 17 (1) 20 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 3 s 18 (i) An industry training organisation operating in the industry concerned; or (ii) A committee established by the Commission for the purpose,— (c) (b) by notice in the Gazette amend any technician’s deter­ mination or apprenticeship order: By written notice to the parties, specifying the reasons for doing so, set a reduced term for any apprenticeship contract: Issue certiﬁcates for technician’s contracts and appren­ ticeship contracts successfully completed.
(2) Of its own motion the Commission may, on or after making any amendments to any apprenticeship order, make to any other apprenticeship order or orders any similar amendments that, in the Commission’s opinion, are not likely to be contro­ versial or have serious consequences.

The heading to section 17 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Board”.
Section 17 was amended, as from 1 January 2003, by section 20 Industry Train­ ing Amendment Act 2002 (2002 No 51) by substituting the word “Commis­ sion” for the word “Board” in each place where it occurs.

Subsection (2) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Com­ mission’s” for the word “Board’s”.
18 Powers of Commission in relation to other training programmes The Commission may— (a) Recognise any programme of industry training (under­ taken or to be undertaken pursuant to one or more em­ ployment contracts) that, in the Commission’s opinion, demonstrates (fully or to a large extent) the following characteristics: (i) An obligation on each employee who is under­ taking or will undertake the training, and on the employee’s employer, to take all reasonable steps to ensure that the employee is taught, and ac­ quires, skills characteristic of or likely to be valu­ 21 Part 3 s 19 Industry Training Act 1992 Reprinted as at 3 December 2007 (ii) able to people engaged in a particular industry or 2 or more industries: Provision for most or all of those skills to be acquired by means of practical training in the course of the employee’s employment, but with the possibility of the augmentation of the training by formal instruction received elsewhere: (iii) Provision for some formal recognition that the employee has acquired those skills if the em­ ployee in fact acquires them: Issue certiﬁcates of successful completion of pro­ grammes of industry training recognised under para­ graph (a) of this section (other than programmes in respect of which the qualiﬁcations authority has notiﬁed the Commission that it has registered skill standards and accepted arrangements for monitoring the delivery of training and assessing trainees): Establish and disestablish committees for the purposes of this section: (b) (c) (d) Delegate to any such committee, unconditionally or subject to any conditions it thinks ﬁt, any of its powers under this section.
The heading to section 18 was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Commission” for the word “Board”.

Section 18 was amended, as from 1 January 2003, by section 20 Industry Train­ ing Amendment Act 2002 (2002 No 51) by substituting the word “Commis­ sion” for the word “Board” in each place where it occurs.
Paragraph (a) was amended, as from 1 January 2003, by section 20 Industry Training Amendment Act 2002 (2002 No 51) by substituting the word “Com­ mission’s” for the word “Board’s”.

19 Consequential amendment Section 9 of the Minimum Wage Act 1983 is hereby conse­ quentially amended by repealing paragraph (a), and substitut­ ing the following paragraph: “(a) Apprentices under apprenticeship contracts (within the mean­ ing of section 2 of the Industry Training Act 1992):”.
22 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 5 s 24 Part 4 Industrial Training Levies Act 1978 and Vocational Training Act 1982 [Repealed] Part 4 (comprising sections 20 to 23) was repealed, as from 1 January 2003, by section 18 Industry Training Amendment Act 2002 (2002 No 51).
Commencement of provisions deferred for 2 years [Repealed] Part 4 (comprising sections 20 to 23) was repealed, as from 1 January 2003, by section 18 Industry Training Amendment Act 2002 (2002 No 51).

Repeals [Repealed] Part 4 (comprising sections 20 to 23) was repealed, as from 1 January 2003, by section 18 Industry Training Amendment Act 2002 (2002 No 51).
Industry training boards dissolved [Repealed] Part 4 (comprising sections 20 to 23) was repealed, as from 1 January 2003, by section 18 Industry Training Amendment Act 2002 (2002 No 51).

Employers may be levied to meet shortfall in assets of dissolved board [Repealed] Part 4 (comprising sections 20 to 23) was repealed, as from 1 January 2003, by section 18 Industry Training Amendment Act 2002 (2002 No 51).
Part 5 Training levies Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

Purpose The purpose of this Part is to enable the making of Orders in Council imposing a training levy on the members of an in­ dustry, payable to an industry training organisation, if there is sufﬁcient support for the imposition of that levy following a ballot of those members.
23 Part 5 s 25 Industry Training Act 1992 Reprinted as at 3 December 2007 Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
25 Interpretation For the purposes of this Part,— ballot means a ballot under section 27(1)(a) closing date means the date, speciﬁed in the ballot paper under section 36(b), by which ballot papers must be returned levy group means the members of an industry described in a levy order, or proposed to be described in a levy order, who have to, or will have to, pay that levy or proposed levy member of an industry means a person who employs persons who work in that industry or a self­employed person in that industry qualifying member, in relation to a levy group, means a member who does not have a certiﬁcate of exemption under section 40 relevant industry means the industry described in the levy order, or proposed levy order.
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

Imposition of levy 26 (1) (2) Governor­General may impose levy The Governor­General may, on the recommendation of the Minister, by Order in Council, impose a levy on qualifying members of a levy group, payable to an industry training or­ ganisation.
The Minister must not recommend the making of an Order in Council under subsection (1) unless the Minister is satisﬁed of the matters in section 27.
(3) Under a levy order under subsection (1), a levy may be payable to— (a) (b) 1 industry training organisation by all qualifying mem­ bers of the industry that is covered by that organisation; or 1 industry training organisation by all qualifying mem­ bers of a speciﬁc industry that is within the range of in­ 24 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 5 s 27 dustries covered by that industry training organisation; or (c) more than 1 industry training organisation, jointly, by all qualifying members of an industry that is covered by those industry training organisations.
Every levy order is a regulation for the purposes of the Regulations (Disallowance) Act 1989.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Restrictions on making of levy orders The Minister must not recommend the making of a levy order unless he or she is satisﬁed that— (a) (4) 27 (1) (b) (c) (d) (e) (f) the industry training organisation to which the levy will be payable has, within the previous 12 months, balloted all known members of the levy group, in accordance with sections 31 to 38, in relation to a proposal that the levy should be imposed on those members; and at least 60% of the ballot papers distributed were validly completed and returned to the independent returning of­ ﬁcer conducting the ballot, before the closing date; and out of those ballot papers validly completed and re­ turned,— (i) more than 60% of the total supported the impos­ ition of the levy; and (ii) more than 60%, weighted according to the size of the industry member that returned the ballot paper (calculated at the date that the ballot closed and on the same basis as the levy is proposed to be charged, as set out in the ballot paper), sup­ ported the imposition of the levy; and the details speciﬁed in the order do not differ in any material way from those speciﬁed in the ballot paper; and the details speciﬁed in the order are acceptable to the Minister; and the industry training organisation has or will have in place adequate systems for accounting to qualifying 25 Part 5 s 28 Industry Training Act 1992 Reprinted as at 3 December 2007 members of the levy group for the expenditure of levy funds; and all other relevant matters known to the Minister have been properly considered.
(g) (2) When considering the matters in subsection (1), the Minister must consult with the Commission and may consult with any other persons the Minister considers appropriate.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

28 Matters to be speciﬁed in levy orders Every levy order must specify the matters set out in Schedule 4.
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

Purposes for which levy may be required 29 (1) A levy order must specify the purposes for which levy funds are to be used.

(2) A levy order may also specify any purpose or purposes for (3) which no amount of levy may be used.
In specifying how levy funds are to be used, a levy order may specify 1 or more purposes that will beneﬁt the levy group as a whole and that are related to meeting the costs (including infrastructure and administration costs) associated with— (a) designing qualiﬁcations and setting skill standards for the relevant industry; and providing leadership in the relevant industry in matters relating to skill and training needs by identifying pre­ sent and future skill needs and promoting training to meet those needs.
(b) (4) No levy order may specify a purpose for which levy funds may be used that is related to— (a) meeting the costs of arranging delivery of industry (b) (c) training; or undertaking any commercial or trading activity; or any matter that directly beneﬁts 1 or more individual members of the levy group, as opposed to generally ben­ eﬁting the relevant industry as a whole.
26 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 5 s 32 (5) Nothing in subsection (4)(b) prevents an industry training or­ ganisation from— (a) using any part of a levy to publish or sell any educa­ tional, informative, or promotional material (whether or not at a proﬁt); or investing any part of a levy pending its expenditure.

(b) Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
30 31 Levy order may require provision of information A levy order may require qualifying members of the levy group to provide information to the industry training organ­ isation, or some other person or body, for the purpose of enabling or assisting the determination of the amount of levy payable.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Ballots Independent returning ofﬁcer must conduct ballot A ballot must be conducted by an independent returning ofﬁcer appointed by the industry training organisation and approved by the Minister.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
32 Industry training organisation must identify potential members of levy group (1) An industry training organisation that proposes to impose a levy must take reasonable steps to ensure that it identiﬁes all potential members of the levy group, including— (a) obtaining from that organisation’s records, and from records that may be available from other organisations, information that is able to be used to identify potential members; and giving adequate notice of the ballot in public news­ papers and industry­speciﬁc publications, and inviting members of the relevant industry to register to receive information about the ballot and ballot papers.
(b) 27 Part 5 s 33 Industry Training Act 1992 Reprinted as at 3 December 2007 (2) After satisfying the requirements of subsection (1), the indus­ try training organisation must provide to the independent re­ turning ofﬁcer who is administering the ballot a list of all po­ tential members of the levy group of whom it is aware.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Returning ofﬁcer must notify potential members of levy group The returning ofﬁcer must give notice of the ballot to— (a) every person named on the list of potential members of the levy group provided by the industry training organ­ isation under section 32(2); and any other person whom the independent returning ofﬁ­ cer considers may be a member of the levy group.
The notice under subsection (1) must advise the person about the ballot and must state— (a) (b) the description of the industry that is intended to be covered by the proposed levy order; and that the returning ofﬁcer considers that the person is or may be a member of that industry; and that membership of the industry means that the per­ son— (i) is entitled to participate in the ballot; and (ii) will be required to pay the levy if there is sufﬁ­ cient support for it in the ballot and the levy order is made; and that the person must notify the returning ofﬁcer if the person disputes that he or she or it is a member of the industry intended to be covered by the proposed levy order (a coverage dispute); and the date by which that notiﬁcation of a coverage dispute must be received.
(b) (c) (d) (e) Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Commission resolves coverage disputes If the returning ofﬁcer is notiﬁed by a person under section 33(2)(d) that the person wishes to raise a coverage dispute, 33 (1) (2) 34 28 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 5 s 37 35 36 37 the returning ofﬁcer must refer that issue to the Commission for determination in accordance with section 49.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Population to be balloted As soon as practicable after all coverage disputes have been ﬁ­ nally determined (including any appeals under section 50(2)), the returning ofﬁcer must send a ballot paper to each person in the levy group.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Requirements of ballot papers A ballot paper must state— (a) (b) (c) the address to which ballot papers must be returned; and the date by which ballot papers must be returned; and full information on the nature of the levy power being sought, including all the matters listed in Schedule 4.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Returning ofﬁcer must count votes The returning ofﬁcer must collect all validly completed ballot papers received by him or her at the closing date and calcu­ late— (a) the proportion of the total number of ballot papers dis­ tributed by him or her under section 35 that have been validly completed and received by him or her at the closing date; and the proportion of the validly completed ballot papers received by him or her at the closing date that are in favour of the proposal to impose the levy; and the proportion of the validly completed ballot papers received by him or her at the closing date that are in favour of the proposal to impose the levy if the votes are weighted according to the size of the member of the industry that returned the ballot paper (calculated at the date that the ballot closed and on the same basis as the (b) (c) 29 Part 5 s 38 Industry Training Act 1992 Reprinted as at 3 December 2007 levy is proposed to be charged as set out in the ballot paper).
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

Returning ofﬁcer must keep ballot papers, etc The returning ofﬁcer must take all reasonable steps to ensure that all ballot papers, envelopes, lists, and other documents used in connection with a ballot conducted under this Part are preserved and kept for a period of 1 year after the completion of the ballot.
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

Collection of levy Levy is payable by qualifying members to industry training organisation If a levy order is made, the levy speciﬁed in the order is payable by every qualifying member of the levy group to the industry training organisation or organisations named in the levy order.
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

Certiﬁcate of exemption The chief executive of the Commission may issue a certiﬁcate of exemption from payment of a levy to a member of the rele­ vant industry who— (a) was a member of the industry at the time of the ballot held in relation to that levy; and (b) was, through no fault or neglect on that person’s part, not included in the ballot.
The chief executive may revoke a certiﬁcate of exemption if— the person to whom it has been issued agrees; or (a) it was issued in error.

(b) Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
38 39 40 (1) (2) 30 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 5 s 43 41 Method of collecting levy (1) An industry training organisation may collect levies directly from qualifying members of the levy group or by using a col­ lection agent speciﬁed in the levy order in accordance with section 42.
(2) An industry training organisation may recover levies due from any qualifying member of the levy group— (a) by deducting the amount due from any amount the or­ ganisation owes that qualifying member; or as a debt due to the organisation in any court of compe­ tent jurisdiction.

(b) Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
(2) Levy order may provide for collection by agent 42 (1) A levy order may specify persons, other than the persons who are primarily responsible for paying the levy, who must collect levy money due from qualifying members and pay it to the industry training organisation.
If a levy order speciﬁes a person who must act as a collection agent under subsection (1), the levy order must also specify an amount from, or a percentage of, the levy money collected that the person may retain as a fee for providing the collection service.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
43 Collection of levy if person switches industry training organisation (1) A person who is a qualifying member of an industry must con­ tinue to pay any levy that is payable to the industry training or­ ganisation or organisations that cover members of that indus­ try (the original organisation) even if the Commission grants an application by the person under section 10A for another in­ dustry training organisation (the new organisation) to manage the person’s industry training.
If a person must pay a levy to its original organisation under subsection (1),— (2) 31 Part 5 s 44 Industry Training Act 1992 Reprinted as at 3 December 2007 (a) (b) the person does not have to pay a levy to the new or­ ganisation as a result only of the new organisation man­ aging the person’s training; but if the person was obliged to pay a levy to the new organ­ isation before the employer’s application was granted, the employer must continue to pay the levy.
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

Subsection (1) was repealed, as from 1 January 2004, by section 17Industry Training Amendment Act 2002 (2002 No 51) by substituting the expression “10A” for the expression “10(2A)”.
Duties of industry training organisations and others in relation to levies 44 Levy funds must be kept in separate bank accounts and used only for authorised purposes (1) An industry training organisation that receives a levy under a levy order must open 1 or more bank accounts for the purpose of the levy and must use the account or those accounts for the following purposes only: (a) (b) making payments out of levy funds.
the deposit of amounts of levy paid or recovered; and (2) Only people expressly authorised by the organisation may op­ erate the account or those accounts.

(3) No money may be paid out of the account or those accounts except for a purpose authorised in the levy order.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Duty to keep records An industry training organisation that receives a levy must en­ sure that accurate and up­to­date records are kept of— (a) the names of all members of the levy group from whom the levy has been collected or recovered; and the amount of the levy collected or recovered from those members; and the names of all members of the levy group who are or may be liable to pay the levy but have not done so; and the use to which the levy funds have been put.
(b) (c) (d) 45 32 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 5 s 46 Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Duty to provide annual report 46 (1) As soon as is practicable after the end of a ﬁnancial year during which a levy has been paid to an industry training organisation under a levy order, the organisation— (a) must prepare, in respect of that year, ﬁnancial state­ ments in accordance with generally accepted account­ ing practice; and (b) must include in the ﬁnancial statements required by paragraph (a) all the necessary information to explain— (i) (ii) the balance of the levy fund; and the movements in the levy fund over the course of the year, including receipts of money collected and payments of money made under the levy order; and the use of assets acquired or built up with or out of money received under the levy order.
(iii) (3) (2) The organisation must ensure that the ﬁnancial statements pre­ pared under subsection (1) are audited within 90 days of the end of that ﬁnancial year.

Financial statements prepared under subsection (1) must be included in the organisation’s annual report for that year.
(4) An industry training organisation that is required by subsection (3) to include ﬁnancial statements in its annual report must, as soon as that report has been completed, give a copy to the Minister, and the Minister must present a copy to the House of Representatives not later than 6 sitting days after receiving it.
(5) Despite subsection (4), if an enactment other than this Act re­ quires an industry training organisation to give a Minister a copy of its annual report and requires the Minister to present a copy to the House of Representatives, that organisation must, to the extent that the enactment and subsection (4) impose dif­ ferent requirements, comply with the enactment and not with subsection (4).
(6) An industry training organisation that is required by subsection (3) to include ﬁnancial statements in its annual report must take all reasonable steps to ensure that every person primarily 33 Part 5 s 47 Industry Training Act 1992 Reprinted as at 3 December 2007 liable for paying the levy that is reﬂected in those ﬁnancial statements receives a copy of the annual report as soon as is reasonably practicable after the report has been completed.
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

47 Duty to protect commercially sensitive information Every person who receives commercially sensitive informa­ tion for the purposes of carrying out a function or activity under this Part, or under a levy order, must take reasonable steps to protect that information.
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Disputes 48 Arbitration or mediation system must be established (1) An industry training organisation that receives a levy under a levy order must establish a method of arbitration or mediation in the case of disputes as to— (a) whether a person was included in the ballot relating to that levy; and (b) whether a person has paid the levy; and the amount of levy payable; and (c) any other matter relating to the levy, except disputes (d) about whether a person is within the levy group.
(2) Details of the arbitration or mediation system must be speci­ ﬁed in the levy order, including— (a) (b) the method of appointment of arbitrators or mediators; and the procedures to be followed by arbitrators or medi­ ators; and the remuneration of arbitrators or mediators; and the payment of costs in relation to arbitration or medi­ ation; and (e) any other matters relating to the resolution of disputes.
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

(c) (d) 34 Reprinted as at 3 December 2007 Industry Training Act 1992 Part 5 s 51 49 (1) (2) 50 (1) Disputes about coverage If there is a dispute about whether a person is within a levy group, whether before or after the ballot, the dispute must be referred to the Commission, which must determine the matter.
The industry training organisation that is proposing to impose a levy or, if a levy order has been made, that is responsible for administering the levy must pay the reasonable costs of the Commission for determining disputes.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Appeals to District Court If a dispute is unresolved following arbitration or mediation in accordance with the method speciﬁed in the levy order, or if a party wishes to appeal a decision of an arbitrator or mediator, the dispute may be referred, or the decision may be appealed, to a District Court.

(2) A determination by the Commission under section 49 may be appealed on grounds of procedural error only.
(3) An appeal under subsection (2) may be made to a District Court by the person disputing membership of the levy group or by the industry training organisation that is proposing to im­ pose, or responsible for administering, the levy.

Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).
Conﬁrmation and expiry of orders 51 (1) Orders must be conﬁrmed Subsection (2) applies to a levy order that is made on or after 1 January and before 1 July in any year, and that— (a) has not been revoked with effect on or before 1 July in the next year; and has not ceased, and will not cease, to have effect on or before 1 July in the next year by virtue of the Regulations (Disallowance) Act 1989.
(b) (2) If subsection (1) applies to a levy order, the order is deemed to be revoked with the close of 30 June in that next year unless 35 Part 5 s 52 Industry Training Act 1992 Reprinted as at 3 December 2007 (3) (4) (5) it has been conﬁrmed by an Act of Parliament passed on or before that day.
Subsection (4) applies to a levy order that is made after 30 June and on or before 31 December in any year, and that— (a) has not been revoked with effect on or before 1 January in the year after the next year; and has not ceased, and will not cease, to have effect on or before 1 January in the year after the next year by virtue of the Regulations (Disallowance) Act 1989.
(b) If subsection (3) applies to a levy order, the order is deemed to be revoked with the close of 31 December in the year after the year in which it was made unless it has been conﬁrmed by an Act of Parliament passed on or before that day.
The Minister on whose recommendation a levy order was made must, by notice published in the Gazette at least 6 months before the day with the close of which the order may (under subsection (2) or subsection (4)) be deemed to have been revoked, indicate the Minister’s intentions with regard to its continuing in force unless the levy order has already been— (a) (b) revoked; or disallowed under the Regulations (Disallowance) Act 1989; or conﬁrmed by an Act of Parliament.
(c) Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

Expiry of levy orders 52 (1) A levy order expires 5 years after the day on which it was made unless it is sooner— (a) (b) revoked; or disallowed under the Regulations (Disallowance) Act 1989.

(2) A levy order is deemed to be revoked if the industry training organisation responsible for administering the levy ceases to be recognised.
Part 5 (comprising sections 24 to 52) was inserted, as from 1 January 2003, by section 16 Industry Training Amendment Act 2002 (2002 No 51).

36 Reprinted as at 3 December 2007 Industry Training Act 1992 Schedule 2 • • • • • • • • • • • • • • • Schedule 1 Consequential repeals Section 14(2) 1985, No 4—The Apprenticeship Amendment Act 1985.

1987, No 8—The Ofﬁcial Information Amendment Act 1987: So much of Schedule 3 as relates to the Technicians Training Act 1967.

(RS Vol 21, p 579.)
(RS Vol 21, p 579.)

1988, No 20—The State Sector Act 1988: So much of Sched­ ule 5 as relates to the Apprenticeship Act 1983.

1988, No 119—The Trustee Amendment Act 1988: So much of Schedule 2 as relates to the Technicians Training Act 1967.

1990, No 60—The Education Amendment Act 1990: So much of Schedules 2 and 4 as relates to the Technicians Training Act 1967 or the Apprenticeship Act 1983.

1991, No 23—The Apprenticeship Amendment Act 1991.


Schedule 2 Enactments repealed Section 21(1) 1978, No 82—The Industrial Training Levies Act 1978.

1982, No 54—The Vocational Training Act 1982.

1985, No 45—The Vocational Training Amendment Act 1985.

1988, No 25—The Industrial Training Levies Amendment Act 1988.

1988, No 40—The Vocational Training Amendment Act 1988.

1989, No 44—The Public Finance Act 1989: So much of Schedule 1 as relates to the Industrial Training Levies Act 1978.
1989, No 82—The Labour Department Act Repeal Act 1989: So much of the Schedule as relates to the Industrial Training Levies Act 1978 or the Vocational Training Act 1982.

1989, No 90—The Industrial Training Levies Amendment Act 1989.

1990, No 6—The Education Amendment Act 1990: So much of Schedule 2 as relates to the Industrial Training Levies Act 1978 or the Vocational Training Act 1982.
37 Schedule 3 Industry Training Act 1992 Reprinted as at 3 December 2007 • 1990, No 126—The National Provident Fund Restructuring Act 1990: So much of Schedule 6 as is expressed to relate to the Vocational Training Act 1982.
Schedule 3 Consequential revocations Section 14(3) Title The Building Industry Technician Training Council Order 1969 Gazette Reference 1969, Vol I, p 739 The Dental Technician Training Council Order 1973 1973, Vol I, p 683 The Dental Technician Training Council Order 1973, Amendment No 1 1979, Vol I, p 973 The Dental Technician Training Council Order 1973, Amendment No 2 1980, Vol III, p 4113 Schedule 4 Matters to be speciﬁed in levy orders ss 28, 36 Schedule 4 was inserted, as from 1 January 2003, by section 19 Industry Train­ ing Amendment Act 2002 (2002 No 51).
To whom levy is payable and who pays The name of the industry training organisation or organisations that will receive the levy.

A description of the industry the members of which will be primarily liable to pay the levy.

1 2 38 Reprinted as at 3 December 2007 Amount of levy Industry Training Act 1992 Schedule 4 The basis on which the amount of the levy will be calculated or ascertained.
How the size of a qualifying member of the levy group will be calculated for the purposes of calculating the levy payable by that member, such as— (a) based on the number of employees of the member that work in the relevant industry; or based on the level of production of the member.

(b) Whether the levy will be payable at a single rate or 2 or more different rates and, if it will be payable at different rates, the basis on which those different rates will apply.

How the rates of the levy will be notiﬁed.


Maximum and minimum amounts of levy payable (if any).

The amount of any additional charges, or the percentage increase in the levy payable, if amounts of levy otherwise payable are paid late or not paid at all (if applicable).

Uses to which levy may be put Either— (a) (b) how the organisation is to spend the levy; or the means by which the organisation is to consult quali­ fying members of the levy group as to how the organ­ isation is to spend it.
Whether the levy must be spent by the organisation or may be paid to, and spent by, branches or subsidiaries of the organisa­ tion.
39 Schedule 4 Industry Training Act 1992 Reprinted as at 3 December 2007 Payment of levy When and how the levy will be payable, including— (a) the period to which the levy will apply (the levy period); and how often levy payments will be required to be made; and the methods of payment of the levy that will be available to qualifying members of the levy group.
(b) (c) How the amount of the levy payable will be calculated when a person becomes a qualifying member of the levy group part way through a levy period.

How refunds of the levy will be calculated, and when they will be paid, if a qualifying member ceases to be a qualifying member of the levy group part way through a levy period.

What exemptions from payment of the levy will be available.
The circumstances (if any) in which, and the conditions sub­ ject to which, qualifying members of the levy group may be allowed extensions of time for the payment of any amount of levy.

The enforcement mechanisms that the industry training organ­ isation receiving the levy may use to collect the levy.

Collection of levy by agent The persons (if any), other than the industry members primar­ ily responsible for paying the levy, who are responsible for collecting the levy in accordance with section 42.
The amount of, or percentage of, the levy money collected that a collection agent may retain as a fee for providing the collection service.

40 19 20 Reprinted as at 3 December 2007 Miscellaneous Industry Training Act 1992 Schedule 4 The records to be kept by— (a) the industry training organisation receiving the levy; and persons collecting the levy; and persons who are, or may be, liable to pay the levy.
(b) (c) The details of the method of arbitration or mediation to apply in the case of disputes, as required by section 48.

41 Notes Industry Training Act 1992 Reprinted as at 3 December 2007 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) General This is an eprint of the Industry Training Act 1992.

It incorporates all the amendments to the Industry Training Act 1992 as at 3 December 2007.
The list of amendments at the end of these notes speciﬁes all the amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see "Making online legislation ofﬁcial" under "Status of legislation on this site" in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Insolvency Act 2006 (2006 No 55): section 445 Notes 1 2 3 42