Part 5Miscellaneous

Part 5—Miscellaneous 71—South Australian Skills Register (1) The Training and Skills Register in force immediately before the commencement of this subsection continues as the South Australian Skills Register (the Register). (2) The Commission must ensure that the following matters are recorded in the Register: (a) details of the declarations (if any) made by the Minister under section 5; (c) the declaration, or revocation of a declaration, of an employer as a prohibited employer under Part 4 Division 3; (d) the registration of employers under Part 4; (e) the variation, cancellation or suspension of the registration of an employer under Part 4; (f) any other matter that, in the opinion of the Commission, should be recorded in the Register. (3) The Register will be kept in the form of a computer record and published on a website determined by the Commission. (4) The Register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Commission. (5) The Commission must ensure that copies of material on the Register can be purchased for a reasonable fee at the public office, or public offices, at which the Register is kept available for inspection. 72A—Confidentiality A person must not divulge or communicate information acquired by reason of being, or having been, employed or engaged in, or in connection with, the administration of this Act, except— (a) with the consent of the person to whom the information relates; or (b) in connection with the administration, operation or enforcement of this Act; or (c) to a member of the police force of this State or of the Commonwealth or another State or a Territory; or (d) to a person concerned in the administration, operation or enforcement of a law of the Commonwealth, or another State or Territory, relating to training and skills development; or (e) for the purposes of legal proceedings. Maximum penalty: $20 000. 73—Commission may correct certain mistakes (1) The Commission may, on application or on its own motion, correct a determination or decision it gives, or a statement of the reasons it has given for a determination or decision, to the extent necessary to rectify— (a) a clerical mistake; or (b) an error arising from an accidental slip or omission; or (c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the decision; or (d) a defect of form. (2) A correction under this section must be by notice in writing. 75—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act. 75A—Imputation of conduct or state of mind of officer etc (1) For the purposes of proceedings for an offence against this Act— (a) the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate; (b) the conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person, (but not so as to affect any personal liability of the officer, employee or agent). (2) It will be a defence in any criminal proceedings under the Act against a body corporate or a natural person where conduct or a state of mind is imputed to the body or person under subsection (1) if it is proved that the alleged contravention did not result from any failure on the defendant's part to take all reasonable and practicable measures to prevent the contravention or contraventions of the same or a similar nature. (3) For the purposes of this section, a reference to conduct or acting includes a reference to failure to act. 75B—Offences by bodies corporate and employees (1) If a body corporate is guilty of an offence against this Act, each director of the body corporate, and each person concerned in the management of the body corporate, is guilty of an offence and liable to the same penalty as is prescribed for the principal offence where the offender is a natural person. (2) It is a defence to a charge of an offence arising under subsection (1) if the defendant establishes that the defendant took reasonable precautions and exercised due diligence to prevent the commission of an offence by the body corporate. (3) If an employee is guilty of an offence against this Act, the employer is liable to the same penalty as is prescribed for the principal offence. (4) It is a defence to a charge of an offence arising under subsection (3) if the defendant establishes that— (a) the defendant had no knowledge of the actual offence; or (b) the defendant took reasonable precautions and exercised due diligence to prevent the commission of an offence by the employee. 76—Evidentiary provision (2) In proceedings for an offence against this Act— (a) an allegation in the complaint that a training contract was or was not at a specified time approved will be accepted as proved in the absence of proof to the contrary; and (b) an allegation in the complaint that— (i) an employer was or was not at a specified time registered; or (ii) the registration of an employer was at a specified time subject to specified conditions; or (iii) that an employer was or was not at a specified time a prohibited employer, will be accepted as proved in the absence of proof to the contrary. 77—Gazette notices may be varied or revoked A notice published in the Gazette by the Commission under this Act may be varied or revoked by the Commission by subsequent notice in the Gazette. 78—Service A notice or other document required or authorised to be given to or served on a person under this Act may be given or served personally or by post. 79—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (b) make provision with respect to the contents of the Register; and (c) prescribe fees for the purpose of this Act and provide for the payment, recovery, waiver or refund of such fees; (d) impose a penalty, not exceeding $10 000, for contravention of a regulation; (e) fix expiation fees, not exceeding $500, for alleged offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make provisions of a saving or transitional nature; and (d) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Commission or any other specified person or body; and (e) apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body.