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TRAINING GUARANTEE (ADMINISTRATION) ACT 1990

Table of Provisions

  • 1 Short title  
  • 2 Commencement  
  • 3 Objects  
  • 4 Interpretation-definitions  
  • 5. Interpretation-meaning of ''indexation factor''   6. Interpretation-meaning of ''minimum allowable apprentice or trainee amount''  
  • 7  
  • 8. Interpretation-meaning of ''threshold amount''  
  • 9 Act binds Crown  
  • 10 Application of Division  
  • 11 Charge payable by employer  
  • 12 Election by members of business groups  
  • 13 Charge not payable unless employer has training guarantee shortfall etc.  
  • 14 Determination of training guarantee shortfall  
  • 15 Minimum training requirement  
  • 16 Exemption for employers with small annual national payrolls  
  • 17 Exemption for particular employers  
  • 18 Exemption for non-resident employers  
  • 19 Arrangements to avoid or reduce training guarantee charge  
  • 20 Object of Division  
  • 21 Application of Act to Commonwealth Departments  
  • 22 Application of Act to certain Commonwealth authorities  
  • 23 Directions by Minister for Finance  
  • 24 Meaning of net eligible training expenditure  
  • 25 Meaning of eligible training expenditure  
  • 26 Examples of eligible training expenditure  
  • 27 Meaning of eligible training program  
  • 28 Election by employer for application of minimum allowable apprentice or trainee amount  
  • 29 Election by employer in relation to approved entry-level training arrangement  
  • 30 Guidelines by Minister in relation to eligible training programs etc.  
  • 31 Application of Part to training institutions  
  • 32 Establishment of Fund  
  • 33 Payments into Fund  
  • 34 Application of Fund  
  • 35 Training guarantee agreements with States and Territories  
  • 36 Failure to comply with training guarantee agreement  
  • 37 General administration of Act  
  • 38 Annual report and financial statements  
  • 39 Secrecy  
  • 40 Annual training guarantee statements  
  • 41 Other training guarantee statements  
  • 42 Requirements for training guarantee statements  
  • 43 Training advisory certificates given by registered industry training agent  
  • 44 Training advisory certificate given by training advisory body  
  • 45 Training advisory certificates binding on Commissioner  
  • 46 First training guarantee statement for year taken to be assessment  
  • 47 Default assessments  
  • 48 Assessments where Commissioner has insufficient information  
  • 49 Amendment of assessments  
  • 50 Refund of overpaid amounts  
  • 51 Amended assessment to be an assessment  
  • 52 Notice of assessment  
  • 53 Validity of assessment  
  • 54 Objections  
  • 55 Request for referral  
  • 56 Applications for extension of time  
  • 57 Consideration of applications for extension of time for lodging objections  
  • 58 Consideration of applications for extension of time for lodging requests for referral  
  • 59 Referral to Tribunal or Federal Court  
  • 60 Procedure on review or appeal  
  • 61 Review of industry training agent's refusal to give training advisory certificate  
  • 62 Request for referral to Tribunal  
  • 63 Applications for extension of time  
  • 64 Consideration of applications for extension of time  
  • 65 Referral to Tribunal  
  • 66 Procedure on review  
  • 67 Notice to refer  
  • 68 Powers of Federal Court on appeal  
  • 69 Implementation of decisions  
  • 70 Pending review or appeal not to affect assessment  
  • 71 When training guarantee charge becomes due and payable  
  • 72 When additional training guarantee charge becomes due and payable  
  • 73 Employer leaving Australia  
  • 74 Extension of time and payment by instalments  
  • 75 Penalty for unpaid training guarantee charge  
  • 76 Recovery of training guarantee charge  
  • 77 Substituted service  
  • 78 Liquidators  
  • 79 Recovery of training guarantee charge from trustee of deceased employer  
  • 80 Recovery of charge from unadministered deceased estates  
  • 81 Commissioner may collect training guarantee charge from person owing money to person liable to training guarantee charge  
  • 82 Public officer of company  
  • 83 Public officer of trust estate  
  • 84 Failure to provide statements or information  
  • 85 False or misleading statements  
  • 86 Penalty training guarantee charge where arrangement to avoid training guarantee charge  
  • 87 Assessment of additional training guarantee charge  
  • 88 Interpretation  
  • 89 Register of industry training agents  
  • 90 Application for registration of industry training agent  
  • 91 Registration of industry training agents  
  • 92 Registration subject to compliance with guidelines  
  • 93 Cancellation of registration  
  • 94 Guidelines  
  • 95 Review of decisions  
  • 96 Judicial notice of signature  
  • 97 Evidence  
  • 98 Access to premises etc.  
  • 99 Obtaining information and evidence  
  • 100 Right of contribution  
  • 101 Records to be kept and retained by employers  
  • 102 Regulations  
  • 103 Amendments  

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