Commonwealth Numbered Regulations - Explanatory Statements

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TRADESPERSONS' RIGHTS (COST RECOVERY) REGULATIONS (AMENDMENT) 1997NO. 126

Statutory Rules 1997 No. 126

Tradesmen's Rights Regulation Act 1946

Tradespersons' Rights (Cost Recovery) Regulations (Amendment)

The Tradesmen's Rights Regulation Act 1946 (the Act) provides for the recognition of trade skills through the issue of trade certificates which attest that the holder possesses qualifications equivalent to a completed Australian apprenticeship. Trades Recognition Australia (TRA) is part of the Department of Industrial Relations (DIR) and is responsible for administering the Act. Officers of DIR chair the local and central trades committees and, amongst other things, assists the committees by receiving applications, assessing documents provided by applicants and arranging trade tests where a committee requires that a trade test be done.

Section 51A of the Act provides that the Governor-General may make regulations for the purposes of the Act.

Paragraph 51A(2)(a) of the Act provides that regulations may be made ('cost recovery regulations') for the purpose of reimbursing DIR for costs incurred in, or in connection with, the doing by officers of DIR of anything to help committees established under the Act to perform their functions.

The Tradespersons' Rights (Cost Recovery) Regulations (the Regulations) currently provide for a $280 application fee for a trade certificate., a $70 fee for issuing an Australian Recognised Trade Certificate to a selected migrant and a $95 fee if holders of a trade certificate seek a replacement certificate. The fee payable to DIR by an applicant for a trade certificate in respect of the carrying out of a trade test is $185.

The amended Regulations reflect a new fee policy and structure. It is appropriate to increase the fees in order to achieve the full recovery of direct running costs.

Subregulation 3.1 amends:

*       subregulation 3(1) of the Regulations to increase the fee payable to DIR in respect of a standard application for skill assessment of Australian residents and overseas residents covered by a migration application from $280 to $355;

*       subregulation 3(2) of the Regulations to increase the fee payable to DIR for a trade test for Australian residents from $185 to $270;

*       subregulation 3(3) of the Regulations to increase the fee payable to DIP, in respect of issuing an Australian Recognised Trade Certificate to a selected migrant from $70 to $90;

*       subregulation 3(4) of the Regulations to increase the fee payable to DIR in respect of an application for a replacement Australian Recognised Trade Certificate from $95 to $120.

The Regulations commence on 1 July 1997.