Building and Construction Industry Training Fund and
Levy Collection Act 1990

Building and Construction Industry Training Fund and Levy Collection Regulations 1991

 

Building and Construction Industry Training Fund and Levy Collection Regulations 1991

CONTENTS

1. Citation1

2. Commencement1

3. Work excluded from definition of “construction work”1

3AA.Mining and petroleum work excluded from construction work2

3A.Levy relief for cyclone damage repair work5

3B.Exemption for foreign missions and consulates6

4. Commencement of construction work under section 3(2)(d)6

7. Adjusting for inflation6

8. Penalty rate on unpaid levy7

9. Project owner to maintain records7

10. Levy payment form8

11. Procedures to be followed by collection agencies in collecting and paying levy to fund8

12. Certificate of appointment of authorised person9

Schedule 2

Notes

Compilation table12

 

Building and Construction Industry Training Fund and
Levy Collection Act 1990

Building and Construction Industry Training Fund and Levy Collection Regulations 1991

1. Citation

These regulations may be cited as the Building and Construction Industry Training Fund and Levy Collection Regulations 1991 1.

2. Commencement

These regulations shall come into operation on the day on which the Building and Construction Industry Training Fund and Levy Collection Act 1990 comes into operation 1.

3. Work excluded from definition of “construction work”

(1)The following work is work that is excluded from the definition of construction work under section 3(1) of the Act — 

(a)work the value of which is $20 000 or less; or

(b)work which is maintenance or repairs of a routine or minor nature carried out by employees for an employer whose primary activity is not related to the building and construction industry; or

(c)agricultural work; or

(d)government work.

[(e)deleted]

(2)In this regulation — 

agricultural land means land wholly or mainly used for farming, cropping or grazing purposes;

agricultural work means work directly associated with the care, conservation or rehabilitation of agricultural land or land that has been agricultural land where some or all of the work is to be carried out by the owner of the land or by a person who will not be employed or engaged for remuneration to perform any part of the work, but does not include work for which a building licence is required;

government authority means —

(a)the Crown;

(b)an agency or instrumentality of the Crown;

(c)a local government or regional local government within the meaning of the Local Government Act 1995 or a Commissioner appointed under that Act;

government work means work carried out — 

(a)by a government authority; or

(b)for or on behalf of a government authority by — 

(i)an officer or employee of a government authority; or

(ii)another government authority.

[Regulation 3 amended in Gazette 8 March 1994 p.943; 14 February 1995 pp.491‑3; 13 August 1999 p.3831; 29 Mar 2011 p. 1155‑6.]

3AA.Mining and petroleum work excluded from construction work

(1)In this regulation —

commercial construction work means construction work that —

(a)is not engineering construction work; and

(b)is carried out on, or results in, a rigid and fixed structure that is intended predominantly for the use of or to contain —

(i)people; or

(ii)plants; or

(iii)machinery; or

(iv)goods; or

(v)livestock;

engineering construction work means construction work on or resulting in —

(a)a road, railway, airfield or other structure for the passage of persons, animals or vehicles; or

(b)a breakwater, dock, jetty, pier, wharf or other structure for the improvement or alteration of any harbour, river or watercourse for the purposes of navigation; or

(c)any structure for the storage or supply of water or for the irrigation of land; or

(d)any structure for the conveyance, treatment or disposal of sewage or of the effluent from any premises; or

(e)a structure for extracting, refining, processing or treatment of heavy industry materials or for the production or extraction of heavy industry products and by‑products from materials; or

(f)a bridge, viaduct, aqueduct or tunnel; or

(g)a chimney stack that is not part of a residential or commercial building, a cooling tower, drilling rig, gas holder or silo; or

(h)a pipeline; or

(i)a navigational light, beacon or marker; or

(j)a structure for the drainage of land; or

(k)a structure for the storage of liquid or gas; or

(l)a structure for the transmission of wireless or telegraphic communications; or

(m)a fence, other than a fence on a farm; or

(n)a grandstand, stadium or swimming pool; or

(o)a structure for the generation, supply or transmission of electric power;

minerals has the same meaning given in the Mining Act 1978 section 8(1);

petroleum has the same meaning given in the Petroleum Pipelines Act 1969 section 4(1);

residential construction work means construction work on, or resulting in, a building that is intended to be used predominantly for residential purposes.

(2)The following work is prescribed as excluded from the definition of construction work in section 3(1) of the Act —

(a)work associated with any operation under —

(i)the Mining Act 1978; or

(ii)the Petroleum and Geothermal Energy Resources Act 1967; or

(iii)the Petroleum (Submerged Lands) Act 1982; or

(iv)the Petroleum Pipelines Act 1969,

that is not residential construction work or commercial construction work;

(b)work to which subregulation (3) applies and that is performed in connection with the work referred to in paragraph (a).

(3)Work excluded from the definition of construction work in section 3(1) of the Act by operation of subregulation (2) includes the following —

(a)earthworks associated with the construction or maintenance of any temporary water supply or temporary access track for any purpose associated with any mineral or petroleum exploration activity, and any other earthworks associated with any such exploration activity;

(b)any excavation work associated with exploration for, or the extraction of, any minerals or petroleum;

(c)any work directly related to the fabrication of a pipeline system used in mineral or petroleum production or processing and any subsequent repair work that involves welding or coating a pipeline system (or part of a pipeline system) used in mineral or petroleum production or processing;

(d)the construction or maintenance of any haul road or track that is —

(i)in or around a mine or other mineral or petroleum production facility; and

(ii)directly used in a mineral or petroleum production operation;

(e)the maintenance of an airstrip or landing pad used in conjunction with any mineral or petroleum production operation;

(f)work associated with an environmental clean‑up or environmental restoration;

(g)work associated with a mine back‑filling operation;

(h)repair or maintenance work carried out on any plant or equipment directly associated with mineral or petroleum exploration, production or processing, or for piloting.

[Regulation 3AA inserted in Gazette 29 Mar 2011 p. 1156‑8.]

3A.Levy relief for cyclone damage repair work

(1)Construction work that consists of rebuilding, renovation or repair work carried out because of damage caused by Cyclone Elaine or Cyclone Vance is excluded from the definition of construction work in section 3(1) of the Act.

(2)In subregulation (1) —

Cyclone Elaine means the cyclone given that designation by the Bureau of Meteorology;

Cyclone Vance means the cyclone given that designation by the Bureau of Meteorology.

[Regulation 3A inserted in Gazette 4 June 1999 p.2274.]

3B.Exemption for foreign missions and consulates

Construction work carried out for the government of a foreign country in the course of, or in connection with, constructing, extending or altering a building that is used or is to be used for the purposes of a diplomatic mission or consulate of the foreign country is excluded from the definition of construction work in section 3(1) of the Act.

[Regulation 3B inserted in Gazette 7 January 2000 p.20.]

4. Commencement of construction work under section 3(2)(d)

Construction work commences under section 3(2)(d) of the Act when any of the construction work is commenced on the building or construction site.

[5.Deleted in Gazette 29 Mar 2011 p. 1158.]

[6.Deleted by No. 6 of 2009 s. 7.]

7. Adjusting for inflation

(1)Adjustment shall be made for inflation for the purpose of section 21(c) of the Act by calculating interest on the value of the construction work as estimated for the purposes of section 21(a) or (b) of the Act at the CPI rate as determined by the Board in accordance with subregulation (2).

(2)The CPI rate of interest to be used under subregulation (1) shall be determined by the Board in accordance with the following —

(a)in this subregulation Index means the table described as the Consumer Price Index Numbers (All Groups Index) for Perth published by the Commonwealth Statistician under the Census and Statistics Act 1905 of the Commonwealth;

(b)the CPI rate shall be determined before 1 July to take effect for the following year from 1 July to 30 June;

(c)the percentage rate determined under paragraph (b) shall be that which the Board declares to be the percentage by which the Index for the quarter ending in March of the current year is greater than the Index for the quarter ending in March of the previous year; and

(d)if the Index for the quarter ending in March of the current year is not greater than the Index for the quarter ending in March of the previous year, the CPI rate for the following year from 1 July shall be nil.

8. Penalty rate on unpaid levy

The rate per annum to be paid to the Board by way of penalty under section 24 of the Act where construction work is commenced before the levy due in respect of that work is paid is 100% of the unpaid levy.

9. Project owner to maintain records

(1)Subject to subregulation (2), a person shall keep the following records in relation to construction work for which he or she is the project owner for a period of 5 years from the commencement of that work — 

(a)a copy of all forms submitted to or received from the Board or a collection agency relating to the payment or refund of levy;

(b)the date on which the construction work commenced;

(c)the value of the construction work;

(d)the site address of the construction work; and

(e)brief details describing the type of construction work.

(2)The Board may, in writing, exempt a project owner from keeping any records referred to in subregulation (1), either in general or in relation to specific construction work, for the period of time specified in the exemption.

Penalty: $1 000.

[Regulation 9 amended in Gazette 16 August 1991 p.4279.]

10. Levy payment form

All levy paid by a project owner to the Board or a collection agency shall be accompanied by a form in a form approved by the Board which makes provision for — 

(a)a brief description of the construction work;

(b)the estimated value of the construction work;

(c)the signature of the project owner; and

(d)the estimated levy payable on the construction work.

11. Procedures to be followed by collection agencies in collecting and paying levy to fund

(1)The procedures set out in this regulation are the procedures to be followed by a collection agency in collecting levy and paying levy to the fund under section 27(2) of the Act.

(2)In this regulation levy payment form means a form in a form referred to in regulation 10.

(3)A collection agency shall — 

(a)provide to any project owner a levy payment form;

(b)calculate the amount of levy due on the construction work, based on the estimated value of that work contained in the levy payment form signed by the project owner, and enter the estimated amount of levy due on the levy payment form;

(c)collect from the project owner the completed levy payment form and the levy as calculated under paragraph (b);

(d)pay the levy collected into an account approved by the Treasurer until it is paid to the Fund;

(e)pay all levy collected to the Fund not later than the tenth day of the month following the month in which the levy was received; and

(f)provide to the Board at the time of each payment of levy to the Fund under paragraph (e), all levy payment forms and a summary of levy payments in a form approved by the Board, relating to that levy.

12. Certificate of appointment of authorised person

The certificate issued to an authorised person under section 28(2) of the Act shall be in the form of Form 1 in Schedule 2.

[Schedule 1 deleted in Gazette 29 Mar 2011 p. 1159.]

 

Schedule 2

[s.28(2) of Act and Reg. 12]

Form 1

Building and Construction Industry Training Fund and Levy Collection Act 1990

CERTIFICATE OF APPOINTMENT OF AUTHORISED PERSON

(Section 28)

This is to certify that ...................................................................................... is an
authorised person for the purposes of the
Building and Construction Industry Training Fund and Levy Collection Act 1990.

....................................................................................... .........................

Presiding member of the BoardDate

Reverse of Form 1

Summary of powers of an authorised person under the Building and Construction Industry Training Fund and Levy Collection Act 1990.

1. An authorised person shall produce this certificate wherever required to do so by any person in respect of whom the authorised person has, or is about to, exercise any power under the Act.

2. An authorised person may require a person in writing to give to the authorised person, or the Board, relevant information or documents within the reasonable time specified in writing and to verify such information by statutory declaration.

3. An authorised person may, if directed by the Board, for the purposes of ascertaining whether there has been compliance with the Act — 

(a)enter, inspect and examine any place at a reasonable time;

(b)conduct an examination or inquiry; or

(c)require the production of, examine and take copies or extracts from, any documents.

 

Notes

1This is a compilation of the Building and Construction Industry Training Fund and Levy Collection Regulations 1991 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation

Gazettal

Commencement

Building and Construction Industry Training Fund and Levy Collection Regulations 1991

28 Jun 1991 p. 3122‑5

1 Jul 1991 (see r. 2 and Gazette 28 Jun 1991 p.3101)

Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 1991

16 Aug 1991 p. 4279

16 Aug 1991

Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 1993

8 Mar 1994 p. 943

8 Mar 1994

Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 1994

14 Feb 1995 p. 491‑3

14 Feb 1995

Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 1999

4 Jun 1999 p. 2273-4

4 Jun 1999

Building and Construction Industry Training Fund and Levy Collection Amendment Regulations (No. 2) 1999

13 Aug 1999 p. 3831

1 Sep 1999 (see r. 2 and Gazette 13 Aug 1999 p. 3831)

Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2000

7 Jan 2000 p. 19-20

7 Jan 2000

Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2001

16 Jan 2001 p. 338

1 Feb 2001 (see r. 2)

Building and Construction Industry Training Fund and Levy Collection Amendment Act 2009 Pt. 3 assented 19 May 2009

20 May 2009 (see s. 2(b))

Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2010

29 Mar 2011 p. 1155‑9

r. 1 and 2: 29 Mar 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 30 Mar 2011 (see r. 2(b))

2Now see Local Government Act 1995 (No. 74 of 1995).