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Training Guarantee (Administration) Amendment Act 1991

No. 111 of 1991

TABLE OF PROVISIONS

 Section
   1.      Short title etc.
   2.      Commencement
   3.      Interpretation
   4.      Insertion of new section:
                   4a. Interpretation—meaning of "employee"—exclusion of persons covered by recognised alternative training levy schemes
   5.      Insertion of new sections:
            11a. Treatment of partnerships
            11b. Treatment of unincorporated associations
   6.      Election by members of business groups
   7.      Charge not payable unless employer has training guarantee shortfall etc.
   8.      Insertion of new section:
            18a. Exemption for outstanding trainers
   9.      Meaning of eligible training expenditure
  10.      Meaning of eligible training program
  11.      Secrecy
  12.      Training advisory certificates given by registered industry training agent
  13.      Training advisory certificate given by training advisory body
  14.      Review of industry training agent's refusal to give training advisory certificate
  15.      Cancellation of registration
  16.      Insertion of new section:
            101a. Fees for training advisory certificates
  17.      Regulations
  18.      Repeal of Part 12 and Schedule
  19.      Application of amendments
  20.      Amendment of assessments

    Training Guarantee (Administration) Amendment Act 1991

No. 111 of 1991

An Act to amend the Training Guarantee (Administration) Act 1990, and for related purposes

[Assented to 27 June 1991]

  The Parliament of Australia enacts:

Short title etc.

1. (1) This Act may be cited as the Training Guarantee (Administration) Amendment Act 1991.

(2) In this Act, "Principal Act" means the Training Guarantee (Administration) Act 19901.

Commencement

2. (1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Sections 12, 13, 14, 16 and 17 and subsections 19 (5) and (6) commence on the later of the following:

  (a)     1 July 1991;

  (b)     the day on which this Act receives the Royal Assent.

Interpretation

  3. Section 4 of the Principal Act is amended:

    (a) by adding at the end of the definition of "employee" the following word and paragraph:

          "or (f) a person who is taken not to be an employee because of section 4a;";

    (b)    by omitting "and" from the end of paragraph (b) of the definition of "employer";

    (c)     by omitting paragraphs (c) and (d) of the definition of "employer";

    (d)    by omitting "the" from paragraph (e) of the definition of "person" and substituting "a particular";

  (e)     by inserting the following definitions:

     " 'Senior Executive Service office' has the same meaning as in the Public Service Act 1922;

     'statutory fee upper limit' means:

             (a) in relation to the year commencing on 1 July 1991—$500; or

         (b) in relation to a later year—the amount calculated by multiplying the statutory fee upper limit for the previous year by the indexation factor for the later year;".

4. After section 4 of the Principal Act the following section is inserted:

Interpretation—meaning of "employee"— exclusion of