Commonwealth Numbered Acts

INDUSTRIAL RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1993 No. 109 of 1993 - SECT 58

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
Department (the 'Secretary') to waive, or defer payment of, fees in particular
cases or classes of cases.

"(6) The Secretary may, by signed writing, delegate to an officer of, or
person employed in, the Department all or any of the powers conferred by
subsection (5).

"(7) Subject to the Administrative Appeals Tribunal Act 1975, an application
may be made to the Administrative Appeals Tribunal for review of a decision of
the Secretary under a regulation made as mentioned in subsection (5).

"(8) The Secretary must give written notice of such a decision to any person
whose interests are affected by the decision.

"(9) The notice must include a statement to the effect that:

   (a)  subject to the Administrative Appeals Tribunal Act 1975, application
        may be made, by or on behalf of the person to whom the notice is
        given, to the Administrative Appeals Tribunal for review of the
        decision to which the notice relates; and

   (b)  unless subsection 28(4) of that Act applies, application may be made
        in accordance with section 28 of that Act by or on behalf of that
        person for a statement in writing setting out the findings on material
        questions of fact, referring to the evidence or other material on
        which those findings were based and giving the reasons for the
        decision.

"(10) A failure to comply with subsection (9) does not affect the validity of
the decision.".