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New Zealand Legislation: Acts

Acts are laws made by Parliament

Reprint as at 1 January 2008

Industry Training Act 1992

Public Act	1992 No 55
Date of assent	19 June 1992

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Education.

Contents

1 Short Title and commencement

Part 1
Preliminary

2 Interpretation

3 Training contracts to have effect as employment agreements

4 Act binds the Crown

Part 2
Recognition of industry training organisations and funding of training activities

5 Minister may recognise certain organisations

6 Minister must be satisfied of organisation's abilities

7 Matters to which Minister must have regard before recognising organisations

8 Provisional recognition

9 Expiry and cancellation of recognition

10 Industry training organisation's proposed plan must identify activities for which it seeks funding

10A Power to fund if employer switches industry training organisation

11 Matters to which Commission must have regard in determining whether to give funding approval to proposed plan

12 Commission may require industry training organisation to provide information [Repealed]

13 Additional functions of Commission

Part 3
Technicians Training Act 1967 and Apprenticeship Act 1983

14 Technicians Training Act 1967 and Apprenticeship Act 1983 repealed

15 Transitional

16 Certain repealed provisions deemed to form part of existing contracts

17 Powers of Commission in relation to existing contracts

18 Powers of Commission in relation to other training programmes

19 Consequential amendment

Part 4
Industrial Training Levies Act 1978 and Vocational Training Act 1982

[Repealed]

20 Commencement of provisions deferred for 2 years [Repealed]

21 Repeals [Repealed]

22 Industry training boards dissolved [Repealed]

23 Employers may be levied to meet shortfall in assets of dissolved board [Repealed]

Part 5
Training levies

25 Interpretation

Imposition of levy

26 Governor-General may impose levy

27 Restrictions on making of levy orders

28 Matters to be specified in levy orders

29 Purposes for which levy may be required

30 Levy order may require provision of information

31 Independent returning officer must conduct ballot

32 Industry training organisation must identify potential members of levy group

33 Returning officer must notify potential members of levy group

34 Commission resolves coverage disputes

35 Population to be balloted

36 Requirements of ballot papers

37 Returning officer must count votes

38 Returning officer must keep ballot papers, etc

Collection of levy

39 Levy is payable by qualifying members to industry training organisation

40 Certificate of exemption

41 Method of collecting levy

42 Levy order may provide for collection by agent

43 Collection of levy if person switches industry training organisation

Duties of industry training organisations and others in relation to levies

44 Levy funds must be kept in separate bank accounts and used only for authorised purposes

45 Duty to keep records

46 Duty to provide annual report

47 Duty to protect commercially sensitive information

48 Arbitration or mediation system must be established

49 Disputes about coverage

50 Appeals to District Court

Confirmation and expiry of orders

51 Orders must be confirmed

52 Expiry of levy orders

Schedule 1
Consequential repeals

Schedule 2
Enactments repealed

Schedule 3
Consequential revocations

Schedule 4
Matters to be specified in levy orders

An Act to—

(a) Provide for the recognition and funding of organisations (to be known as industry training organisations) setting skill standards for, and administering the delivery of, industry-based training; and

(b) Encourage and improve industry-based training; and

(c) Repeal the Technicians Training Act 1967 and the Apprenticeship Act 1983, and provide for the continued administration of contracts under those Acts; and

(d) Provide for the protection of people receiving industry-based training under certain training arrangements in the nature of apprenticeship, or under contracts under the Technicians Training Act 1967 or the Apprenticeship Act 1983; and

(e) Provide for other related matters

BE IT ENACTED by the Parliament of New Zealand as follows: