Document ID: chunk:federal_register_of_legislation:C2004A04733:body:0:p3
Version: federal_register_of_legislation:C2004A04733
Segment Type: other
Provision Reference: 
Character Range: 5477–8097

a later year—the amount calculated in relation to the year using the formula:

Election by members of business group

  6. Section 12 of the Principal Act is amended:

    (a) by omitting subsections (1) and (2) and substituting the following subsections:

    "(1) Two or more entities may elect to have themselves treated as a single employer in relation to a year for the purposes of this Act.

    "(2) An election in relation to a year must be made in writing in the prescribed form on or before 30 September in the next year.";

    (b) by omitting from subsection (3) "If members of a business group make an election:" and substituting "Subject to this section, if 2 or more entities ('the members') make an election in relation to a year:";

     (c) by omitting subsections (4), (5) and (6) and substituting the following subsections:

     "(4) An election in relation to a year is of no effect unless the entities to which it relates were members of the same business group at the end of 30 June in that year.

     "(5) An election in relation to a year is of no effect if, apart from this subsection, it would be in force in relation to an entity in relation to which there is still in force an earlier election in relation to the same year.

     "(6) An election in relation to a year is of no effect if any of the entities to which it relates:

        (a) is, under regulations in force for the purposes of section 18A, an eligible outstanding trainer in relation to that year or in relation to a 3-year period including that year; or

        (b) is one of 2 or more entities that, because of an election under such regulations, are taken to be a single employer that is, under such regulations, an eligible outstanding trainer in relation to that year or in relation to a 3-year period including that year.".

  7. After section 14 of the Principal Act the following section is inserted:

Training guarantee excess

"14A.(1) The training guarantee excess of an employer in a year is the amount (if not less than 0) worked out using the formula:

"(2) If, because of subsection (1), an employer group has a training guarantee excess ('the group excess') in a year, then, despite section 12 and that subsection, each member of the group has a training guarantee excess in that year that is worked out using the formula:

where:

'Employer group's annual national payroll' means the total of the respective annual national payrolls for that year of the members of the group;

'Group excess' means the group excess;

'Member's annual national payroll' means that member's annual national payroll for that