Commonwealth Numbered Regulations - Explanatory Statements

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TRADESPERSONS' RIGHTS (COST RECOVERY) REGULATIONS (AMENDMENT) 1998 NO. 116

Statutory Rules 1998 No. 116

(Issued by authority of the Minister for Workplace Relations and Small Business)

Tradesmen's Rights Regulation Act 1946

Tradespersons' Rights (Cost Recovery) Regulations (Amendment)

Section 51A of the Tradesmen's Rights Regulation Act 1946 (the Act) provides that, inter alia, the Governor-General may make cost-recovery regulations, which prescribe fees to be paid to the Department of Workplace Relations and Small Business (the Department) by applicants for trade certificates in respect of the making of the applications.

The regulations provide for new fee levels for applications to Trades Recognition Australia (TRA) in relation to trade certificates. TRA, part of the Department, administers a system of assessment and recognition of trade training and experience gained in Australia and overseas under the Act and under regulations to the Migration Act 1958.

Regulation 3(1) of the Tradespersons' Rights (Cost Recovery) Regulations (the Regulations) provides for the fee payable to the Department by an applicant for a trade certificate. The regulations amend regulation 3(1) to provide for a fee of $390 (formerly $355).

Regulation 3(3) of the Regulations provides for the fee payable in respect of the issuing of a trade certificate to a selected migrant. A selected migrant is an applicant who has been granted a permanent visa under the Migration Act, and who has received a points score under that Act on the basis of an assessment by the Department that the applicant has qualifications or experience that are equivalent to the Australian standards for the relevant occupation. The regulations amend regulation 3(3) to provide for a fee of $100 (formerly $90).

Regulation 3 (4) of the Regulations provides for the fee payable in respect of an application for a replacement trade certificate. The regulations amend regulation 3(4) to provide for a fee of $130 (formerly $120).

Fee levels are based on a policy of full recovery of TRA direct running costs. The standard application fee is calculated by dividing expected direct running costs by the expected number of applications to be received during a particular year from applicants in Australia and overseas. Application numbers have declined significantly in recent years and this has necessitated an increase in the fee levels.

The regulations commence on 1 July 1998.