Document ID: chunk:federal_register_of_legislation:C2004A04186:body:0:p2
Version: federal_register_of_legislation:C2004A04186
Segment Type: other
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Character Range: 2989–6089

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 persons covered by recognised alternative training levy schemes

"4a. (1) A person who, under the regulations, is taken to be covered by a recognised alternative training levy scheme is taken not to be an employee for the purposes of this Act.

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

    (a) empowering the Minister to make decisions (in this section called 'approval-in-principle decisions') about the conditions that must be satisfied in relation to a particular scheme in order to qualify for:

         (i) recognised alternative training levy scheme status for the scheme; and

      (ii) recognition of coverage of persons by the scheme;

    (b) empowering the Minister to make decisions (in this section called 'scheme decisions') about:

       (i) recognised alternative training levy scheme status; and

     (ii) recognition of coverage of persons by schemes;

    on either of the following bases:

         (iii) the basis that the conditions specified in an approval-in-principle decision have been satisfied;

         (iv) the basis that, because of special circumstances, even though the conditions specified in an approval-in-principle decision have not been satisfied, it is reasonable to recognise a scheme or the coverage of persons as if those conditions had been satisfied;

  (c)     empowering the Minister to revoke scheme decisions;

    (d)     empowering the Minister to delegate the Minister's power to make approval-in-principle decisions or to make or revoke scheme decisions to a person holding or performing the duties of a Senior Executive Service office in the Department;

    (e)     the charging of fees for applications for approval-in-principle decisions or scheme decisions;

  (f)      requiring applicants for scheme decisions to:

         (i) obtain certificates about satisfaction of relevant conditions from persons specified in the regulations; and

      (ii) cause those certificates to be given to the Minister;

    (g) requiring the managers of schemes to notify changed circumstances;

    (h) enabling employers to lodge training guarantee statements on the assumption that conditions specified in an approval-in-principle decision will be satisfied;

     (i) enabling the Commissioner to amend an assessment if such an assumption proves to be incorrect.

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

"(4) The powers conferred by this section do not limit the powers conferred by virtue of paragraph (e) of the definition of 'employee' in section 4.".

5. After section 11 of the Principal Act the following sections are inserted:

Treatment of partnerships

"11a. (1) Subject to this section, this Act applies to a partnership as if the partnership were a person.

"(2) An obligation that, apart