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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.".
____________________________________________________________
1. Notified in
the Commonwealth of Australia Gazette on 15 April 1991.
2. Statutory Rules
1990 No. 323.