Commonwealth Numbered Regulations - Explanatory Statements

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TRADESPERSONS' RIGHTS (COST RECOVERY) REGULATIONS 1993 NO. 372

EXPLANATORY STATEMENT

Statutory Rules 1993 No. 372

Issued by the Authority of the Minister for Industrial Relations

Tradesmen's Rights Regulation Act 1946

Tradespersons' Rights (Cost Recovery) Regulations

The purpose of the Act is to provide for the formal recognition of the skills and experience of persons in the metal and electrical trades who have not completed a formal apprenticeship. Such persons may be issued with Australian Recognised Trade Certificates, which are accepted by employers and unions as equivalent to a completed Australian apprenticeship.

An applicant for an Australian Recognised Trade Certificate must satisfy a Local Trades Committee, established under the Act, on the matters set out in the Act, and may be required to undertake a trade test. Trade tests are carried out by a variety of organisations, ranging from TAFE colleges to private companies such as General Motors-Holden. These "test providers" charge the Department of Industrial Relations (the Department) a fee for conducting each test. It is necessary to recover, at least in part, the costs incurred by the Department in such activities.

Section 51A of the Tradesmen's Rights Regulations Act 1946 (the Act) provides that the Governor-General may make regulations for a number of the purposes of the Act, including regulations prescribing fees.

Subsection 51A(2) of the Act provides that regulations (referred to as 'cost recovery regulations') may be made, in accordance with subsection 51A(3) for the purpose of reimbursing the Department for costs and expenses incurred in connection with the functioning of trade committees.

Subsection 51A(3) of the Act provides in part that the cost recovery regulations may prescribe fees by applicants in relation to applications for or the carrying out of trade tests.

Subsection 51A(4) of the Act provides that the cost recovery regulations may prescribe different fees in respect of different matters or classes or kinds of matters.

Subsection 51A(5) provides that the cost recovery regulations may provide for the Secretary of the Department to waive or defer payment of fees in particular cases. For example, in cases of hardship where the applicant is a refugee or is unemployed.

Subregulation 3(1) prescribes a fee of $100, payable to the Department, by an applicant for a trade certificate in respect of making the application.

Subregulation 3(2) prescribes a fee of $185, payable to the Department, by an applicant in respect of carrying out of a trade test.

Regulation 4 provides that the Secretary may waive or defer payment of a fee if not doing so would cause hardship to the applicant.


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