Commonwealth act

Training Guarantee Act 1990

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

59 of 1990

Collection

act

Plain English Summary

3/10 complexity

The Act imposes a financial charge on employers who spend less than the required amount on employee training: the penalty equals the shortfall. Operational rules (measurement, reporting, assessment, collection and enforcement) are handled by the incorporated Training Guarantee (Administration) Act 1990. The Crown is bound, but Parliament limited application to States where imposing the charge would exceed Commonwealth constitutional power. The law creates a direct cost-based incentive for employers to increase training or pay the shortfall.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Training Guarantee Act 1990.

Training Guarantee Act 1990

View image in the official source

Training Guarantee Act 1990

No. 59 of 1990

An Act to impose a charge equal to any shortfall in the amount spent by employers on training employees

[Assented to 16 June 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

This Act may be cited as the Training Guarantee Act 1990.

Commencement

This Act commences on 1 July 1990.

Incorporation of Training Guarantee (Administration) Act

The Training Guarantee (Administration) Act 1990 is incorporated and is to be read as one with this Act.

Act binds Crown

This Act binds the Crown in right of each State, the Australian Capital Territory, the Northern Territory and Norfolk Island.

Imposition of charge

Charge is imposed on any training guarantee shortfall of an employer in a year.

Amount of charge

The amount of training guarantee charge payable on a training guarantee shortfall of an employer in a year is an amount equal to the amount of the shortfall.

Severability

It is the intention of the Parliament that if, but for this section, section 5 would impose a training guarantee charge on a State that exceeds the legislative power of the Commonwealth, section 5 of this Act has effect as if it did not impose that charge.

[Minister’s second reading speech made in—

House of Representatives on 16 May 1990

Senate on 30 May 1990]

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Training Guarantee Act 1990

Training Guarantee Act 1990

No. 59 of 1990

An Act to impose a charge equal to any shortfall in the amount spent by employers on training employees

[Assented to 16 June 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

This Act may be cited as the Training Guarantee Act 1990.

Commencement

This Act commences on 1 July 1990.

Incorporation of Training Guarantee (Administration) Act

The Training Guarantee (Administration) Act 1990 is incorporated and is to be read as one with this Act.

Act binds Crown

This Act binds the Crown in right of each State, the Australian Capital Territory, the Northern Territory and Norfolk Island.

Imposition of charge

Charge is imposed on any training guarantee shortfall of an employer in a year.

Amount of charge

The amount of training guarantee charge payable on a training guarantee shortfall of an employer in a year is an amount equal to the amount of the shortfall.

Severability

It is the intention of the Parliament that if, but for this section, section 5 would impose a training guarantee charge on a State that exceeds the legislative power of the Commonwealth, section 5 of this Act has effect as if it did not impose that charge.

[Minister’s second reading speech made in—

House of Representatives on 16 May 1990

Senate on 30 May 1990]