Building and Construction Industry Training Fund Regulations 2004

Building and Construction Industry Training Fund Regulations 2004

I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting on the recommendation of the Tasmanian Building and Construction Industry Training Board and with the advice of the Executive Council, make the following regulations under the Building and Construction Industry Training Fund Act 1990 .

PETER G. UNDERWOOD

Administrator

By His Excellency's Command,

PAULA WRIEDT

Minister for Education

1.   Short title

These regulations may be cited as the Building and Construction Industry Training Fund Regulations 2004 .

2.   Commencement

These regulations take effect on 1 January 2005.

3.   Interpretation

In these regulations –

Act means the Building and Construction Industry Training Fund Act 1990 ;

permit means a building permit or a plumbing permit;

voucher means a voucher issued under regulation 4(3) .

4.   Payment of levy

(1)  A project owner must pay the levy in respect of building or construction work –

(a) at the same time as applying for a permit under the Building Act 2000 for that building or construction work; and

(b) to the Board or a collection agency.

(2)  If the application for a permit for that building or construction work is refused, the Board is to refund the levy paid in respect of that work to the project owner.

(3)  On payment of the levy, the Board or a collection agency is to –

(a) issue a voucher in respect of that payment; and

(b) provide a copy of that voucher to the project owner.

5.   Duty to provide information on payment of levy

A project owner who intends to carry out building or construction work must provide the Board or a collection agency, at the time of paying the levy in respect of that work, with any written information requested by the Board in relation to that building or construction work.

Penalty:  Fine not exceeding 4 penalty units.

6.   Duty to provide evidence of payment of levy

(1)  In this regulation –

appropriate authority, in relation to building or construction work, means –

(a) if a building permit is required in respect of the work, the permit authority issuing that permit; or

(b) if the work is carried out for the Crown, the Government department, or agency, responsible for that work; or

(c) if the work is carried out for a local authority, that local authority; or

(d) in all other cases, the Board.

(2)  Before building or construction work commences, a project owner must provide to the appropriate authority evidence that the levy in respect of that work has been paid.

Penalty:  Fine not exceeding 10 penalty units.

7.   Claims for refund of levy

(1)  A project owner may apply in writing to claim a refund under section 31(2) of the Act of the whole, or any part, of the levy paid in respect of building or construction work that is not carried out.

(2)  An application under subregulation (1) is to –

(a) be verified by a statutory declaration; and

(b) include any information requested by the Board in support of the claim.

(3)  The refund of the whole or part of the levy paid in respect of building or construction work that was not carried out does not affect the future requirement to pay the levy in respect of that building or construction work if it is later carried out.

8.   Copies of vouchers to be forwarded to Board

A local authority is to forward to the Board a copy of all vouchers received by that local authority during a month before the seventh day of the following month.

9.   Records to be kept

(1)  A project owner must keep the following information and documents in relation to building or construction work for a period of 2 years after the completion of that work:

(a) a copy of the voucher;

(b) the date on which the work was completed;

(c) if there was a difference between the estimated cost of building or construction work and the final cost of that work –

(i) the amount of that final cost; and

(ii) any additional amount paid in respect of the levy as a result of the variation; and

(iii) the date of any additional payment referred to in subparagraph (ii) ;

(d) full details of a claim, if any, for a refund made in respect of the levy.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If a project owner makes 2 or more payments of the levy in respect of building or construction work, the information specified in subregulation (1) must be kept for each payment.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 22 December 2004

These regulations are administered in the Department of Education.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) prescribe the procedure for paying the levy under the Building and Construction Industry Training Fund Act 1990 ; and

(b) prescribe the circumstances when the levy may be refunded; and

(c) prescribe the requirements to provide information or keep records relating to the levy; and

(d) are made consequentially on the repeal of the Building and Construction Industry Training Fund Regulations 1991 under section 11 of the Subordinate Legislation Act 1992.