Building and Construction Industry Training Fund Regulations 2014

Building and Construction Industry Training Fund Regulations 2014

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

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

MATTHEW GROOM

Minister for State Growth

1.   Short title

These regulations may be cited as the Building and Construction Industry Training Fund Regulations 2014 .

2.   Commencement

These regulations take effect on 22 December 2014.

3.   Interpretation

In these regulations –

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

receipt means a receipt provided under regulation 4(2) ;

voucher means a voucher issued under regulation 4(1)(a) .

4.   Voucher or receipt in respect of paid levy

(1)  If the levy is paid, under section 27 of the Act, to a collection agency, the collection agency is to –

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

(b) provide a copy of that voucher to the project owner and, if the person paying the levy is not the project owner, that person; and

(c) provide a copy of that voucher to the Board before the seventh day of the following month.

(2)  If the levy is paid, under section 27 of the Act, to the Board, the Board is to provide a receipt for that payment to the project owner and, if the person paying the levy is not the project owner, that person.

5.   Duty to provide information on payment of levy

A project owner, at the time of paying the levy, must provide the Board or collection agency with any written information requested by the Board or collection agency in relation to the building and 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 building 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 a project owner commences building or construction work, he or she must provide evidence to the appropriate authority that the levy in respect of that work has been paid.

Penalty:  Fine not exceeding 10 penalty units.

7.   Notification of cancellation of building or construction work

(1)  A notice under section 31(1) of the Act is to –

(a) be in writing; and

(b) be verified by the statutory declaration of the project owner.

(2)  For the purposes of providing proof to the satisfaction of the Board under section 31(2) of the Act, the project owner is to provide the Board with any information requested by it in respect of building or construction work that is not carried out.

(3)  For the removal of doubt, 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.   Records to be kept

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

(a) the copy of the voucher or receipt provided to the project owner under regulation 4 ;

(b) the date on which the building or construction work was completed;

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

(i) the amount of that final value; 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)  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.

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

Notified in the Gazette on 10 December 2014

These regulations are administered in the Department of State Growth.