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TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS (AMENDMENT) 1991 No. 59 - REG 3.

New regulations 2A and 2B 3.1
After regulation 2, insert:
Prescribed persons
"2A. (1)  For the purposes of the definition of `employee' in section 4 of the Act, a person is a prescribed person if, during the exemption period, he or she is:
(a) eligible under a prescribed building and construction industry training levy scheme, within the meaning of regulation 2B, for employment related training; and
(b) a person who is:
(i) registered as an employee under a long service leave scheme for building and construction industry employees set up under a State or Territory law; or
(ii) employed, directly or indirectly, in work regarded as building or construction work under a law of the State or Territory in which he or she works.
Note:
Under section 4 of the Act, `employee' does not include a prescribed person.
"(2) In this regulation, `exemption period', in relation to a State or Territory, means the period:
(a) beginning on the day on which a prescribed building and construction industry training levy scheme, within the meaning of regulation 2B, commences under a law of that State or Territory; and
(b) ending on the expiration of 30 June 1992.

Meaning of prescribed building and construction industry training levy scheme
"2B. (1)  A building and construction industry training levy scheme is a prescribed building and construction industry training levy scheme if:
(a) the scheme is set up under a State or Territory law; and
(b) the minimum training rate is less than or equal to the percentage rate worked out in accordance with the formula:
Levy Factor + Training Factor

100 x —————————————————

Payroll Factor

where:
`Levy Factor' is the estimate by the Minister of the number of dollars in the amount to be collected under the scheme on employment related training in the year commencing on 1 July 1991;
`Training Factor' is the estimate by the Minister of the average number of apprentices or trainees in the State or Territory:
(a) who are employed, directly or indirectly, in work regarded as building or construction work under a law of that State or Territory; and
(b) whose training in that year is to be paid for otherwise than under the scheme;
multiplied by the number of dollars in the minimum allowable apprentice or trainee amount within the meaning of section 6 of the Act;
`Payroll Factor' is the estimate by the Minister of the number of dollars in the total of the salary or wages to be paid by building and construction industry employers in that State or Territory in that year.
"(2) In making an estimate referred to in subregulation (1), the Minister is to have regard to:
(a) the relevant State or Territory law; and
(b) any available relevant statistics published by the Australian Statistician in relation to:
(i) the amount spent under the scheme on employment related training; and
(ii) the number of apprentices or trainees in the State or Territory; and
(iii) the salary or wages paid by building and construction industry employers in the State or Territory;
for any part of the period from 1 October 1987 to 30 September 1990.
"(3) In this regulation:
`building and construction industry', in relation to a State or Territory, means an industry regarded as a building and construction industry under a law of that State or Territory.".
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1. Notified in the Commonwealth of Australia Gazette on 15 April 1991.
2. Statutory Rules 1990 No. 323.



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