[pic] Tradespersons' Rights (Cost Recovery) Regulations 1993 Statutory Rules 1993 No. 372 as amended made under the Tradesmen's Rights Regulation Act 1946 This compilation was prepared on 1 July 2006 taking into account amendments up to SLI 2006 No. 143 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Name of Regulations [see Note 1] 3 2 Interpretation 3 3 Application fee and trade test fee 3 4 Application fee - reapplication after unsuccessful application 4 Notes 5 1 Name of Regulations [see Note 1] These Regulations are the Tradespersons' Rights (Cost Recovery) Regulations 1993. 2 Interpretation (1) In these Regulations, unless the contrary intention appears: the Act means the Tradesmen's Rights Regulation Act 1946. 3 Application fee and trade test fee (1) Subject to subregulations (3) and (4) and regulation 4, the fee payable to the Department by an applicant for a trade certificate in respect of the making of the application is $300. (2) The fee payable to the Department by an applicant for a trade certificate in respect of the carrying out of a trade test is $270. (3) No fee is payable to the Department in respect of an application for a trade certificate if: (a) the applicant is a person to whom a permanent visa has been granted under the Migration Act 1958; and (b) for the purposes of the grant of that visa, the applicant has been given a points score under subsection 93 (1) of the Migration Act 1958 on the basis of an assessment by the Department (as the relevant Australian authority), as mentioned in subparagraph 6101 (a) (iv) or paragraph 6102 (c) of Schedule 6 to the Migration Regulations, that: (i) a degree, trade certificate, diploma, associate diploma or post- trade qualification obtained by the applicant; or (ii) work experience of the applicant; or (iii) a combination of academic or professional study or trade training and work experience of the applicant; is equivalent to the Australian standards for the occupation in relation to which the application for the trade certificate has been made. (4) The fee payable to the Department in respect of an application for a replacement trade certificate is $130. 4 Application fee - reapplication after unsuccessful application (1) This regulation applies if: (a) an application for a trade certificate (the original application) is refused; and (b) the applicant subsequently applies for the same kind of trade certificate (the new application). (2) If the new application includes information that was not available to the committee for the purposes of the original application, the fee payable to the Department in respect of the new application is $300. (3) If the new application does not include information that was not available to the committee for the purposes of the original application: (a) the fee payable to the Department in respect of the new application is $300; but (b) if a trade certificate is granted on the basis of the new application: (i) the amount of the fee in respect of the new application is taken to become zero; and (ii) the Secretary must refund to the applicant the amount paid in respect of the new application. Notes to the Tradespersons' Rights (Cost Recovery) Regulations 1993 Note 1 The Tradespersons' Rights (Cost Recovery) Regulations 1993 (in force under the Tradesmen's Rights Regulation Act 1946) as shown in this compilation comprise Statutory Rules 1993 No. 372 amended as indicated in the Tables below. Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number. Table of Instruments |Year and |Date of |Date of |Application,| |number |notification |commencement |saving or | | | | |transitional| | |in Gazette or| |provisions | | |FRLI | | | | |registration | | | |1993 No. 372|24 Dec 1993 |24 Dec 1993 | | |1996 No. 237|30 Oct 1996 |1 Nov 1996 |- | |1997 No. 126|4 June 1997 |1 July 1997 |- | |1998 No. 116|27 May 1998 |1 July 1998 |- | |2003 No. 104|4 June 2003 |1 July 2003 |- | |2006 No. 143|23 June 2006 |1 July 2006 |- | | |(see | | | | |F2006L01853) | | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |R. 1 |rs. 2003 No. 104 | |R. 3 |am. 1996 No. 237; 1997 No. 126; 1998 | | |No. 116; 2003 No. 104; 2006 No. 143 | |R. 4 |rep. 1996 No. 237 | | |ad. 2006 No. 143 |