Document ID: chunk:federal_register_of_legislation:C2004A04664:schedule:4:p10
Version: federal_register_of_legislation:C2004A04664
Segment Type: schedule
Provision Reference: sch 4 (pt 10/13)
Character Range: 39171–42059

(b) a variation made after that commencement by that Tribunal to a determination made by it under that Act before that commencement;

'discriminatory act under a determination' means an act that would be unlawful under Part II except for the fact that the act was done in direct compliance with a determination.

"(10) For the purposes of the definition of 'discriminatory act under a determination' in subsection (9), the fact that an act is done in direct compliance with the determination does not of itself mean that the act is reasonable.

President may review a decision of the Commissioner not to refer a determination to the Remuneration Tribunal

"50D.(1) This section applies if the Commissioner refers to the President under subsection 50C(6) a decision of the Commissioner not to refer a determination to the Remuneration Tribunal.

"(2) The President must review the Commissioner's decision and must decide either:

  (a) to confirm the Commissioner's decision; or

     (b) to set aside the Commissioner's decision and to direct the Commissioner to refer the determination in accordance with section 50C.

"(3) In spite of subsection (2), the President may refuse to review the Commissioner's decision unless the complainant gives the President such relevant information as the President requires.

"(4) The President must give written notice of a decision of the President under subsection (2) to the complainant and to the Commissioner. The notice must set out the reasons for the decision.".

PART 9—AMENDMENTS OF THE TRADESMEN'S RIGHTS REGULATION ACT 1946

Principal Act

57. In this Part, "Principal Act" means the Tradesmen's Rights Regulation Act 19468.

Regulations

58. Section 51A of the Principal Act is amended by adding at the end the following subsections:

"(2) The Governor-General may make regulations (the 'cost recovery regulations') in accordance with subsection (3) for the purpose of reimbursing the Department for costs and expenses incurred in, or in connection with:

     (a) the doing by officers of, or persons employed in, the Department of anything to help committees perform their functions; or

     (b) the provision by officers of, or persons employed in, the Department of services for employers in connection with the recruitment of tradesmen outside Australia to work in Australia.

"(3) The cost recovery regulations may prescribe fees to be paid to the Department:

    (a) by applicants for trade certificates in respect of the making of the applications or for the carrying out of trade tests in connection with the applications, or both; or

    (b) by employers for the provision of services as mentioned in paragraph (2)(b).

"(4) The cost recovery regulations may prescribe different fees in respect of different matters or classes or kinds of matters.

"(5) The cost recovery regulations may provide for the Secretary to the