Document ID: chunk:federal_register_of_legislation:C2004A04186:body:0:p6
Version: federal_register_of_legislation:C2004A04186
Segment Type: other
Provision Reference: 
Character Range: 13007–15941

that includes that year.

"(2) Regulations made for the purposes of subsection (1) may provide for the following:

    (a)     empowering the Minister or a person specified in the regulations to make decisions about eligible outstanding trainer status;

    (b)     empowering the Minister or the person specified in the regulations, as the case requires, to revoke a decision covered by paragraph (a);

    (c)     empowering the Minister to delegate the Minister's power to make or revoke a decision covered by paragraph (a) to a person holding or performing the duties of a Senior Executive Service office in the Department;

    (d)     the charging of fees for applications for eligible outstanding trainer status;

  (e)     requiring applicants for eligible outstanding trainer status to:

         (i) obtain certificates about compliance with relevant criteria from persons specified in the regulations; and

         (ii) cause those certificates to be given to the Minister or other person making a decision covered by paragraph (a);

     (f) requiring employers who have been granted eligible outstanding trainer status to notify changed circumstances.

  "(3) Subsection (2) does not limit the generality of subsection (1).

"(4) The regulations may provide for 2 or more corporations who are members of a business group within the meaning of section 12 to elect to have themselves treated as a single employer in relation to a year or in relation to a 3-year period for the purposes of this section.".

Meaning of eligible training expenditure

9. Section 25 of the Principal Act is amended by adding at the end the following subsection:

"(5) An employer's eligible training expenditure does not include an amount paid by way of contribution or levy to a scheme if:

    (a)     the scheme is taken to be a recognised alternative training levy scheme under regulations made for the purposes of section 4a; and

    (b)     a person who, under those regulations, is taken to be covered by the scheme would, apart from section 4a, be an employee of the employer.".

Meaning of eligible training program

  10. Section 27 of the Principal Act is amended:

    (a) by omitting paragraph (1) (b) and substituting the following paragraphs:

         "(b) the sole or principal object of the program is to develop, maintain or improve employment related skills of employees or other persons; and

       (c)    a significant object of the program is not recreation; and

         (d)    a significant object of the program is not a matter that is not directed towards the development, maintenance or improvement of employment related skills of employees or other persons.";

    (b)    by omitting from paragraph (2) (a) "or approved" and substituting ", or approved in advance,";

  (c)     by inserting after subsection (4) the following subsection:

     "(4a) For the purposes of paragraph (1) (d), to the extent that a