Document ID: chunk:federal_register_of_legislation:F2018L01007:reg:4:p1
Version: federal_register_of_legislation:F2018L01007
Segment Type: reg
Provision Reference: reg 4 (pt 1/2)
Character Range: 1468–4688

4  Purpose
       (1)   The purposes of this instrument are to:
            (a)      amend the National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1); and
            (b)     determine formulas for calculating the charges payable by a NVR registered training organisation under Parts 2 and 3 of the National Vocational Education and Training Regulator (Charges) Act 2012.

  5 Amendments to the National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1)
       (1)   The National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1) is amended as follows:
            (a)     section 7 is amended by inserting the following definitions:
            Auditor means a person who conducts a compliance audit on behalf of ASQA;
            Complaint Officer means a person who conducts an investigation into a complaint on behalf of ASQA;
            (b)     the heading in Part 2 is repealed and substituted with:
            Part 2-Compliance audit and complaint investigation charges
            (c)     section 8 is repealed and substituted with:
              8        Calculation Formulas
              (1)    For the purpose of subsection 9(1) of the Charges Act, a charge under Part 2 of that Act is to be calculated according to the following formula:
                (a)   the amount of $275 per Auditor per hour to conduct a compliance audit; and
                (b)   if any part of a compliance audit is conducted outside Australia, requiring ASQA to send an Auditor overseas, then in addition to the costs and expenses determined in accordance with paragraph 8(1)(a), the costs and expenses that ASQA:
                     (i)                 would have incurred under its International Travel Policy had the Auditor been an official of ASQA; or
                     (ii)               has actually incurred under its International Travel Policy because the Auditor is an official of ASQA.
              (2)   For the purpose of subsection 12(1) of the Charges Act, where a complaint is found to have been substantiated, a charge under Part 3 of that Act is to be calculated according to the following formula:
                (a)   the amount of $275 per Complaint Officer per hour to conduct an investigation into the complaint; and
                (b)   the amount of $275 per Auditor per hour to conduct a compliance audit as a part of the investigation; and
                (c)   if any part of the investigation or compliance audit is conducted outside Australia, requiring ASQA to send an Auditor or a Complaint Officer overseas, then in addition to the costs and expenses determined in accordance with paragraph 8(2)(a), the costs and expenses that ASQA:
                     (i)                 would have incurred under its International Travel Policy had the Auditor or Complaint Officer been an official of ASQA; or
                     (ii)               has actually incurred under its International Travel Policy because the Auditor or Complaint Officer is an official of ASQA.
            (d)  repeal section 10, and substitute:
              10    Auditor and Complaint Officer Charge for a part hour