Document ID: chunk:federal_register_of_legislation:C2004A04186:body:0:p7
Version: federal_register_of_legislation:C2004A04186
Segment Type: other
Provision Reference: 
Character Range: 15675–18618

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 training program consists of on-the-job training, any productive activity that results from that on-the-job training is taken to be a matter that is directed towards the development, maintenance or improvement of employment related skills of employees or other persons.";

    (d) by inserting in subsection (5) "or (d) or subsection (4a)" after "(1) (b)".

Secrecy

11. Section 39 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1a) In spite of anything in section 101a, for the purposes only of this section, a registered industry training agent who provides services to an employer in relation to a training advisory certificate is taken to provide those services:

  (a)     for the Commonwealth; and

    (b)     in the course of performing duties under or in relation to this Act.".

Training advisory certificates given by registered industry training agent

12. Section 43 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1a) The industry training agent may charge the employer a fee for making the application.".

Training advisory certificate given by training advisory body

13. Section 44 of the Principal Act is amended by inserting after subsection (2) the following subsection:

"(2a) The training advisory body may charge the registered industry training agent a fee for making the request.".

Review of industry training agent's refusal to give training advisory certificate

14. Section 61 of the Principal Act is amended by inserting after subsection (1) the following subsection:

"(1a) The training advisory body may charge the employer a fee for making the application.".

Cancellation of registration

  15. Section 93 of the Principal Act is amended:

    (a) by adding at the end of subsection (1) the following word and paragraph:

            "; or (c) the person has contravened subsection 101a (5) or has otherwise engaged in conduct with the intention of defeating the object of that subsection.";

    (b)    by inserting in subsection (2) "under subsection (1)" after "agent";

  (c)     by adding at the end the following subsection:

     "(3) The training advisory body must cancel the registration of a person as an industry training agent if the person requests the cancellation.".

16. After section 101 of the Principal Act the following section is inserted:

Fees for training advisory certificates

  "101a. (1) This section applies to a fee:

    (a)     charged by a registered industry training agent under subsection 43 (1a); or

    (b)    charged by the training advisory body under subsection 44 (2a) or 61 (1a).

"(2) A fee is paid to