Federal Register of Legislation - Australian Government

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Determinations/Other as made
This instrument amends the National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1) to implement Government policy with respect to the refunding and waiver of charges imposed on registered training organisations and registered providers by the Australian Skills Quality Authority.
Administered by: Education, Skills and Employment
Registered 04 May 2020
Tabling HistoryDate
Tabled HR12-May-2020
Tabled Senate12-May-2020
Date of repeal 05 May 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

National Vocational Education and Training Regulator (Charges) Amendment (COVID-19) Determination 2020

I, Senator the Hon Michaelia Cash, Minister for Employment, Skills, Small and Family Business, make the following Determination.

30 April 2020                                     

Michaelia Cash

Minister for Employment, Skills, Small and Family Business

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Amendments                                                                                           2

National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1) 2

 

 


1  Name

                   This instrument is the National Vocational Education and Training Regulator (Charges) Amendment (COVID-19) Determination 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 January 2020

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under subsections 6B(1), 9(2), 12(2) and section 13 of the National Vocational Education and Training Regulator (Charges) Act 2012.

4  Schedules

                   The instrument that is specified in the Schedule to this instrument is amended as set out in the items in the Schedule.

Schedule 1Amendments

National Vocational Education and Training Regulator (Charges) Determination 2013 (No. 1)

1  Section 7A

After “under section 7B” in paragraph (2)(a) and after “under section 7C” in paragraph (2)(b), insert “(subject to section 7E)”.

2  Section 7D

After subsection 7D(2), insert:

             (3)  To avoid doubt, circumstances related to the COVID-19 pandemic are special or unusual circumstances which could cause the charge to be unreasonable or inequitable for the purposes of paragraph (1)(a).

3  After section 7D

Insert:

  7E  Circumstances in which annual registration charge is zero

             (1)  This section applies to an NVR registered training organisation or registered provider that held registration immediately before 1 January 2020.

             (2)  Despite sections 7B and 7C, an annual registration charge is determined to be zero where the charge would otherwise become payable on or after 1 January 2020 and prior to 30 June 2020.

4  Section 9

After subsection 9(2), insert:

             (3)  To avoid doubt, circumstances related to the COVID-19 pandemic are special or unusual circumstances which could cause the charge to be unreasonable or inequitable for the purposes of paragraph (1)(a).

5  After section 10

Insert:

  11  Circumstances in which compliance audit and complaint investigation charges are zero

                   Despite sections 8 and 10, a charge under Part 2 or Part 3 of the Act (in relation to compliance audits or for the investigation of a complaint) is determined to be zero where the charge would otherwise become payable on or after 1 January 2020 and prior to 30 June 2020.