51ARegulations

51A Regulations

(1) The Governor‑General may make regulations: (a) providing that a Part of this Act shall apply to a specified trade; or (b) providing that a Part of this Act shall cease to apply to a specified trade; and that Part shall, notwithstanding anything contained in this Act, apply, or cease to apply, accordingly. (2) The Governor‑General may make regulations (the cost recovery regulations) in accordance with subsection (3) for the purpose of reimbursing the Department for costs and expenses incurred in, or in connection with: (a) the doing by officers of, or persons employed in, the Department of anything to help committees perform their functions; or (b) the provision by officers of, or persons employed in, the Department of services for employers in connection with the recruitment of tradespersons outside Australia to work in Australia. (3) The cost recovery regulations may prescribe fees to be paid to the Department: (a) by applicants for trade certificates in respect of the making of the applications or for the carrying out of trade tests in connection with the applications, or both; or (b) by employers for the provision of services as mentioned in paragraph (2)(b). (4) The cost recovery regulations may prescribe different fees in respect of different matters or classes or kinds of matters. (5) The cost recovery regulations may provide for the Secretary to the Department (the Secretary) to waive, or defer payment of, fees in particular cases or classes of cases. (6) The Secretary may, by signed writing, delegate to an officer of, or person employed in, the Department all or any of the powers conferred by subsection (5). (7) Subject to the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary under a regulation made as mentioned in subsection (5). (8) The Secretary must give written notice of such a decision to any person whose interests are affected by the decision. (9) The notice must include a statement to the effect that: (a) subject to the Administrative Appeals Tribunal Act 1975, application may be made, by or on behalf of the person to whom the notice is given, to the Administrative Appeals Tribunal for review of the decision to which the notice relates; and (b) unless subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision. (10) A failure to comply with subsection (9) does not affect the validity of the decision.