Document ID: chunk:federal_register_of_legislation:C2004A04733:body:0:p4
Version: federal_register_of_legislation:C2004A04733
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group's annual national payroll' means the total of the respective annual national payrolls for that year of the members of the group;

'Group excess' means the group excess;

'Member's annual national payroll' means that member's annual national payroll for that year.".

8. After section 15 of the Principal Act the following sections are inserted:

Carry forward of training guarantee excess

  "15A.(1) This section applies if:

     (a) an employer (other than an employer group) has a training guarantee excess in a year ('year 1'), whether or not it has been reduced by section 15D; and

     (b) the employer has a training guarantee shortfall in the next year ('year 2'), whether or not it has been reduced by an earlier application of this section.

  "(2) This section also applies if:

     (a) an employer (other than an employer group) has a training guarantee excess in a year ('year 1'), whether or not it has been reduced by section 15D, an earlier application of this section, or both; and

     (b) the employer has a training guarantee shortfall in year 3 (the second year after year 1).

"(3) If the training guarantee excess is equal to or greater than the training guarantee shortfall:

  (a) the shortfall is reduced, or further reduced, as the case requires, to 0; and

     (b) the excess is reduced, or further reduced, by the amount of the shortfall.

"(4) If the training guarantee excess is less than the training guarantee shortfall:

     (a) the shortfall is reduced, or further reduced, by the amount of the excess; and

  (b) the excess is reduced, or further reduced, to 0.

Employer may elect to postpone training guarantee shortfall

"15B.(1) An employer who has a training guarantee shortfall in a year may elect to postpone the shortfall, whether or not it has been reduced by section 15A.

"(2) The election must be made by giving written notice in the prescribed form to the Commissioner on or before 30 September in the next year or such later day as the Commissioner allows.

"(3) An election cannot be revoked after 30 September in the next year unless the Commissioner otherwise allows.

Effect of election by employer group to postpone training guarantee shortfall

"15C.(1) If an employer group elects to postpone a training guarantee shortfall ('the group shortfall') in a year, this section applies despite sections 12 and 14.

"(2) Each member of the group has a training guarantee shortfall in that year that is worked out using the formula:

where:

'Employer group's annual national payroll' means the total of the respective annual national payrolls for that year of the members of the group;

'Group shortfall' means the group shortfall;

'Member's annual national payroll' means that member's annual national