Building and Construction Industry Training Levy Act by the ACT Parliamentary Counsel—also accessible at Australian Capital Territory Building and Construction Industry

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  • Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    Australian Capital Territory

    Building and Construction Industry Training Levy Act 1999 A1999-30

    Republication No 22 Effective: 15 August 2017

    Republication date: 15 August 2017

    Last amendment made by A2017-21

    http://www.legislation.act.gov.au/a/2017-21/default.asp

  • Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    About this republication The republished law This is a republication of the Building and Construction Industry Training Levy Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 15 August 2017. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 15 August 2017.

    The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

    Kinds of republications The Parliamentary Counsels Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

    authorised republications to which the Legislation Act 2001 applies

    unauthorised republications. The status of this republication appears on the bottom of each page.

    Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

    http://www.legislation.act.gov.au/a/2001-14http://www.legislation.act.gov.au/http://www.legislation.act.gov.au/a/2001-14http://www.legislation.act.gov.au/a/2001-14http://www.legislation.act.gov.au/a/2001-14http://www.legislation.act.gov.au/http://www.legislation.act.gov.au/a/2001-14http://www.legislation.act.gov.au/a/2001-14

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    contents 1

    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    Australian Capital Territory

    Building and Construction Industry Training Levy Act 1999

    Contents Page

    Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 3A Offences against Actapplication of Criminal Code etc 3

    Part 2 The authorityDivision 2.1 Establishment and functions of authority 4 Establishment of authority 4 5 Functions of authority 4Division 2.2 Governing board 6 Establishment of governing board 5 7 Governing board members 5

  • Contents

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    contents 2 Building and Construction Industry Training Levy Act 1999 Effective: 15/08/17

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    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    7A Term of chief executive officer of authority 6 7B No deputy chair 6 8 Administration of authority 6

    Part 3 Levy on building and construction work 15 Definitionspt 3 7 16 Rate of levy 8 17 Training levy liability 8 18 Calculation of training levy 9 19 Assessment of value of work 9 20 Payment of levy 10 21 Refund of levy if work not carried out 10 22 Adjustment of levy 10

    Part 4 The building and construction industry training fund

    23 Establishment and operation of fund 12 24 Application of fund 12

    Part 5 Building and construction industry training plans

    25 Approval of training plans 14 26 Inspection of training plans 14 27 Application of training plans 14 28 Funding for training 15

    Part 6 Inspectors 29 Appointment 16 30 Identity cards 16 31 Powers of entry 16 32 Consent to entry and inspection 17 33 Search warrants 18 34 Powers of inspectors 20 35 Contravention of requirement by inspector 21

  • Contents

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    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    Part 7 Miscellaneous 37 Regulation-making power 22

    Schedule 1 Work 23

    Dictionary 25

    Endnotes 1 About the endnotes 27 2 Abbreviation key 27 3 Legislation history 28 4 Amendment history 31 5 Earlier republications 36

  • R22 15/08/17

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    page 1

    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    Australian Capital Territory

    Building and Construction Industry Training Levy Act 1999

    An Act to impose a levy for improving training in the building and construction industry, and for other purposes

  • Part 1 Preliminary

    Section 1

    page 2 Building and Construction Industry Training Levy Act 1999 Effective: 15/08/17

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    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    Part 1 Preliminary 1 Name of Act

    This Act is the Building and Construction Industry Training Levy Act 1999.

    2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this

    Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

    For example, the signpost definition project owner, for part 3see section 15. means that the expression project owner is defined in that section and the definition applies to part 3.

    Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of

    notes.

    http://www.legislation.act.gov.au/a/2001-14http://www.legislation.act.gov.au/a/2001-14

  • Preliminary Part 1

    Section 3A

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    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    3A Offences against Actapplication of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code

    The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

    Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    http://www.legislation.act.gov.au/a/2002-51http://www.legislation.act.gov.au/a/2001-14

  • Part 2 The authority Division 2.1 Establishment and functions of authority

    Section 4

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    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    Part 2 The authority Note for pt 2

    The governance of territory authorities, including the Building and Construction Industry Training Fund Authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

    The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

    Division 2.1 Establishment and functions of authority

    4 Establishment of authority The Building and Construction Industry Training Fund Authority (the authority) is established. Note If a law changes a name of an entity (like the Building and Construction

    Industry Training Fund Board), the entity continues in existence under the new name (the Building and Construction Industry Training Fund Authority) and its identity is not affected by the change (see Legislation Act, s 183).

    5 Functions of authority The authority has the following functions:

    (a) administering the fund;

    (b) making payments, or directing that payments be made, from the fund in accordance with training plans;

    http://www.legislation.act.gov.au/a/1996-22http://www.legislation.act.gov.au/a/1996-22/default.asphttp://www.legislation.act.gov.au/a/2001-14http://www.legislation.act.gov.au/a/2001-14

  • The authority Part 2Governing board Division 2.2

    Section 6

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    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    (c) exercising any other function given to the authority under this Act or any other territory law.

    Note The Legislation Act, s 196 (1) provides that a provision of an Act that gives an entity (including the board) a function also gives the entity the powers necessary and convenient to exercise the function.

    Division 2.2 Governing board

    6 Establishment of governing board The authority has a governing board. Note An appointment of a governing board member is an appointment under

    this section (see Financial Management Act 1996, s 78 (7) (b)).

    7 Governing board members (1) The governing board has 6 members.

    Note A chair of the governing board must be appointed under the Financial Management Act 1996, s 79.

    (2) Two of the governing board members must be appointed to represent the interests of employers in the building and construction industry.

    (3) Two of the governing board members must be appointed to represent the interests of employees in the building and construction industry.

    (4) The chair must not be a representative mentioned in subsection (2) or (3).

    (5) The chief executive officer is a non-voting member of the governing board. Note The Financial Management Act 1996, s 95 (2) and s 96 (1) deal with

    non-voting members of governing boards.

    http://www.legislation.act.gov.au/a/2001-14http://www.legislation.act.gov.au/a/1996-22http://www.legislation.act.gov.au/a/1996-22http://www.legislation.act.gov.au/a/1996-22http://www.legislation.act.gov.au/a/1996-22

  • Part 2 The authority Division 2.2 Governing board

    Section 7A

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    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    7A Term of chief executive officer of authority The chief executive officer of the authority must not be appointed for a term of longer than 5 years.

    7B No deputy chair The Minister must not appoint a deputy chair for the governing board. Note 1 This section ensures that a deputy chair cannot be appointed for the

    governing board under the Financial Management Act 1996, s 79 (1).

    Note 2 The Minister may appoint an acting chair (see Legislation Act, s 209).

    8 Administration of authority The governing board may make arrangements with the council, or anyone else, for the provision of

    (a) administrative or secretarial services to the authority (including the governing board); or

    (b) the administration of the fund in accordance with the directions of the governing board.

    http://www.legislation.act.gov.au/a/1996-22http://www.legislation.act.gov.au/a/2001-14

  • Levy on building and construction work Part 3

    Section 15

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    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    Part 3 Levy on building and construction work

    15 Definitionspt 3 In this part:

    Building Act means the Building Act 2004.

    building approval means a building approval under the Building Act.

    building worksee the Building Act, section 6.

    exempt work means

    (a) work the value of which is not more than $10 000; or

    (b) work done by a public authority, other than work that has been awarded to the public authority because of a public tendering process; or

    (c) building work in relation to an exempt building under the Building Act 2004, section 12 (Exempt buildings); or

    (d) building work in relation to a building to which the Building Act does not apply because that Act exempts the building from the application of that Act; or Note 1 A reference to an Act includes a reference to the statutory

    instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    Note 2 See the Building Act, s 152 (1A).

    (e) building work to which the Building Act, part 3 (Building work) does not apply because of that Act, section 15 (Application of pt 3 to building work). Note The Building (General) Regulation 2008, s 6 prescribes building

    work that is exempt from the application of the Building Act 2004, pt 3 (and pt 5 and pt 6).

    http://www.legislation.act.gov.au/a/2004-11http://www.legislation.act.gov.au/a/2004-11/default.asphttp://www.legislation.act.gov.au/a/2004-11http://www.legislation.act.gov.au/a/2001-14http://www.legislation.act.gov.au/a/2004-11/default.asphttp://www.legislation.act.gov.au/a/2004-11/default.asphttp://www.legislation.act.gov.au/a/2004-11/default.asphttp://www.legislation.act.gov.au/sl/2008-3http://www.legislation.act.gov.au/a/2004-11http://www.legislation.act.gov.au/a/2004-11

  • Part 3 Levy on building and construction work

    Section 16

    page 8 Building and Construction Industry Training Levy Act 1999 Effective: 15/08/17

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    Authorised by the ACT Parliamentary Counselalso accessible at www.legislation.act.gov.au

    owner, of landsee the Building Act, dictionary.

    project owner, for work, means

    (a) if the work is done on land by or for the owner of the landthe owner; or

    (b) in a...

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