The Commission may give funding approval to a proposed plan of an industry training organisation under which it seeks to manage the delivery of industry training to the employees of a particular employer who is not part of the industry specified in the Gazette notice published under section 5 relating to the industry training organisation, if—
(a) that employer has applied to the Commission in writing for industry training to be managed by the industry training organisation; and
(b) the Commission is satisfied that the employer's application should be granted because either—
(i) the industry training organisation that manages training for the employer's industry does not have the capacity to provide a satisfactory service to the employer; or
(ii) the employer faces significant administrative and compliance costs (but not taking into account the cost of any training levies) because its training needs are covered by more than 1 industry training organisation; and
(c) the Commission is satisfied that the industry training organisation is capable of managing delivery of industry training that will enable the employees of the employer to attain the skill standards applicable in the industry to which the training relates.
Section 10A: amended, on 1 January 2008, by section 51 of the Education (Tertiary Reforms) Amendment Act 2007 (2007 No 106).
Section 10A was inserted, as from 1 January 2004, by section 11Industry Training Amendment Act 2002 (2002 No 51).