Part 4TRAINING GUARANTEE FUND

PART 4—TRAINING GUARANTEE FUND Establishment of Fund 32. (1) An account called the Training Guarantee Fund is established by this subsection. (2) The Fund is a trust account for the purposes of section 62a of the Audit Act 1901. Payments into Fund 33. There are to be paid into the Fund: (a) amounts paid to the Commonwealth under this Act (other than amounts paid in satisfaction or partial satisfaction of penalties imposed by courts); and (b) amounts paid to the Commonwealth for the purposes of the Fund; and (c) money appropriated by law for the purposes of the Fund; and (d) interest from the investment of money in the Fund. Application of Fund 34. (1) Subject to this section, money in the Fund may be applied for the purposes of: (a) reimbursing the Commonwealth for: (i) the costs of administering this Act during any period; and (ii) costs incurred by the Commonwealth during any period in collecting, compiling, analysing and publishing information about the operation of this Act; and (b) making payments under training guarantee agreements; and (c) refunding any overpaid amounts under section 50 or any amounts paid into the Fund in error. (2) For the purposes of paragraph (1) (a), the Minister for Finance may, from time to time, determine the amount of any reimbursement to be made to the Commonwealth in relation to a period on such basis as the Minister for Finance considers appropriate. (3) If a training guarantee agreement is not in force in relation to a State or Territory and a period, the Minister may use, for furthering the objects of this Act, any amount that would, in the Minister’s opinion, have been payable to the State or Territory in relation to the period if such an agreement were in force. (4) If, under section 36 (Failure to comply with training guarantee agreement), an amount has been paid to the Commonwealth by a State or Territory, or an amount has been deducted from a payment to a State or Territory, the amount paid or deducted may be allocated to other States or Territories, or used for otherwise furthering the objects of this Act, as the Minister thinks appropriate. Training guarantee agreements with States and Territories 35. (1) The Minister may make agreements with a State or Territory about making payments out of the Fund to the State or Territory and the expenditure of those payments, or amounts attributable to those payments, in relation to eligible training programs. (2) An agreement is of no effect unless it includes clauses to the effect that the State or Territory: (a) supports the Training Guarantee Scheme; and (b) agrees: (i) to distribute payments made to it under the agreement, or amounts attributable to those payments, on the advice of a specified tripartite body (that is, a body on which the State or Territory, employers and trade unions are represented); and (ii) to ensure that the payments, or amounts attributable to the payments, are expended only in relation to eligible training programs; and (c) agrees not to reduce its current or future expenditure in relation to eligible training programs by substituting any payment made under the agreement for a payment out of its own funds. (3) Subsection (2) does not limit the matters that may be dealt with in an agreement under this section. Failure to comply with training guarantee agreement 36. (1) A payment made to a State or Territory under a training guarantee agreement is made on the condition that, if the Minister gives the State or Territory a notice to the effect that the Minister is satisfied that the State or Territory has contravened the agreement, the State or Territory will pay the Commonwealth the amount (if any) specified by the Minister (being an amount not exceeding the amount of the payment). (2) If the Minister is satisfied that a State or Territory has not spent part or all of a payment made under a training guarantee agreement, or has spent part or all of the payment otherwise than in accordance with the agreement, then, instead of giving a notice under subsection , the Minister may deduct from any further payment to be made to the State or Territory under the agreement or a subsequent training guarantee agreement an amount or amounts not exceeding in total the amount that was not spent, or that was spent otherwise than in accordance with the agreement.