Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2005 (Qld)

Queensland Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 140 made under the BuildingandConstructionIndustry(PortableLongServiceLeave)Act1991 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of s 2 (Declaration that persons are not eligible workers—Act, s 3A(3)(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Declaration that persons are not eligible workers for Act, s 3B(1)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Replacement of s 4 (Funds for training—Act, s 33(4) and (5)). . . 2 4 Fund for building and construction industry training levy payments—Act, s 33 . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 5 (Certificate of service—Act, s 47) . . . . . . . . . 3 7 Amendment of s 6 (Building and construction work for which no levy is payable—Act, s 70(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 Replacement of s 7 (Prescribed percentage for levy—Act, s 72). 3 7 Prescribed percentage for levy—Act, s 72 . . . . . . . . . 4 9 Amendment of s 11 (Additional levy—Act, s 80(7)) . . . . . . . . . . . 4 10 Amendment of s 13 (Refund of levy—Act, s 81(2)) . . . . . . . . . . . 4 11 Amendment of s 14 (Prescribed amount for approval to pay levy by instalments—Act, s 82(1)(a)) . . . . . . . . . . . . . . . . . . . . . . 4

s1 2 s5 Building and Construction Industry (Portable Long No. 140, 2005 Service Leave) Amendment Regulation (No. 1) 2005 1 Short title This regulation may be cited as the Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2005 . 2 Commencement This regulation commences on 1 July 2005. 3 Regulation amended This regulation amends the BuildingandConstructionIndustry (Portable Long Service Leave) Regulation 2002. 4 Replacement of s 2 (Declaration that persons are not eligible workers—Act, s 3A(3)(a)) Section 2— omit, insert — ‘2 Declaration that persons are not eligible workers for Act, s 3B(1)(c) ‘For the Act, section 3B(1)(c), a worker is not an eligible worker if the worker engages in— (a) work of a type covered by wage group C1, C2(A), C2(B), C3 or C4 of the Engineering Award—State; or (b) work that, if performed under a contract of service, would be work of a type covered by wage group C1, C2(A), C2(B), C3 or C4 of the Engineering Award—State.’. 5 Replacement of s 4 (Funds for training—Act, s 33(4) and (5)) Section 4— omit, insert —

s6 3 s8 Building and Construction Industry (Portable Long No. 140, 2005 Service Leave) Amendment Regulation (No. 1) 2005 ‘4 Fund for building and construction industry training levy payments—Act, s 33 ‘The trustees of the Building and Construction Industry Training Fund (Qld) is the entity to which amounts of building and construction industry training levy must be paid. 1 ’. 6 Amendment of s 5 (Certificate of service—Act, s 47) Section 5(1), ‘and a worker’— omit . 7 Amendment of s 6 (Building and construction work for which no levy is payable—Act, s 70(2)) Section 6(2)— omit, insert — ‘(2) Also, levy is not payable for building and construction work, or a part of building and construction work, to be carried out for a prescribed entity by persons engaged under a contract of service with the entity. ‘(3) However, if persons other than those mentioned in subsection (2) carry out building and construction work for the prescribed entity, levy is payable in relation to the percentage of the cost of the building and construction work that is not carried out by persons mentioned in subsection (2). ‘(4) In this section— prescribed entity means— (a) a government entity; or (b) a local government.’. 8 Replacement of s 7 (Prescribed percentage for levy—Act, s 72) Section 7— 1 See section 32 (Funds of authority) of the Act.

s 9 4 s 11 Building and Construction Industry (Portable Long No. 140, 2005 Service Leave) Amendment Regulation (No. 1) 2005 omit, insert — ‘7 Prescribed percentage for levy—Act, s 72 ‘For section 72 of the Act, the prescribed percentage is— (a) for the building and construction industry training levy—0.1%; and (b) for the long service leave levy—0.125%.’. 9 Amendment of s 11 (Additional levy—Act, s 80(7)) (1) Section 11, heading, ‘s 80(7)’— omit, insert — ‘s 80(8)’. (2) Section 11(1), ‘For section 80(7) of the Act, the additional levy is 0.175% of’— omit, insert — ‘For section 80(8) of the Act, the additional levy is the total of the amounts worked out by applying the percentages mentioned in section 7 to’. 10 Amendment of s 13 (Refund of levy—Act, s 81(2)) (1) Section 13(1), ‘0.175% of’— omit, insert — ‘the total of the amounts worked out by applying the percentages mentioned in section 7 to’. (2) Section 13(2), ‘0.175% of the cost of the building and construction work’— omit, insert — ‘the total of the percentages mentioned in section 7’. 11 Amendment of s 14 (Prescribed amount for approval to pay levy by instalments—Act, s 82(1)(a)) Section 14, ‘$1000000’—

s 11 5 s 11 Building and Construction Industry (Portable Long No. 140, 2005 Service Leave) Amendment Regulation (No. 1) 2005 omit, insert — ‘$5000000’. ENDNOTES 1 Made by the Governor in Council on 30 June 2005. 2 Notified in the gazette on 1 July 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Industrial Relations. © State of Queensland 2005