Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

TRAINING GUARANTEE (ADMINISTRATION) REGULATIONS (AMENDMENT) 1992 NO.295

STATUTORY RULES 1992 No. 295

Issued by the authority of the Minister for Employment, Education and Training

Training Guarantee (Administration) Act 1920

Training Guarantee (Administration) Regulations (Amendment)

Legislative Authority

1.       The Training Guarantee (Administration) Act 1990 (the Act) and the Training Guarantee Act 1990 provide the legislative authority for the Training Guarantee Scheme (the Scheme), under which, as from 1 July 1990, employers with an annual national payroll of $200,000 or more (increased to $222,000 from 1 July 1992) are required to spend a minimum amount on eligible training activities. This amount is the equivalent of 1 per cent of payroll in each of the first two years of the Scheme, rising to 1.5 per cent from 1 July 1992. The annual national payroll threshold is indexed annually in line with full-time adult average weekly earnings.

2.       The Commissioner of Taxation has the general administration of the Act.

3.       Section 102 of the Act provides that the Governor-General may make regulations for the puwrposes of the Act.

Regulations

4.       The Training Guarantee (Administration) Amendment Act 1992 amended the Act by inserting new subsection 26(2A) to make provision for an employer who wishes to claim as eligible expenditure under the scheme the use of a business motor vehicle to enable an employee or other person to attend an eligible training program.

5.       The proposed amendments to the Training Guarantee (Administration) Regulations make implementing regulations for these new provisions by prescribing the per kilometre rate at which such travel may be claimed using a prescribed motor vehicle. A prescribed motor vehicle is a motor vehicle owned by the employer or for which the employer otherwise bears all operational and maintenance costs. The regulations are in line with current income tax provisions.

Commencement

6.       The proposed Regulations are taken to have commenced on 1 July 1992.

7.       The proposed Regulations will not affect the rights of any person (other than the Commonwealth) in a manner prejudicial to that person, nor will they impose any liability on such a person. They are, therefore, in accord with subsection 48(2) of the Acts Interpretation Act 1901.