Building and Construction Industry Training Fund and Levy Collection Regulations 1991 (WA)

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Western Australia

Building and Construction Industry Training Fund and Levy Collection Act 1990

Building and Construction Industry Training Fund and Levy Collection Regulations 1991

Western Australia

Building and Construction Industry Training Fund and Levy Collection Regulations 1991 Contents[if supportFields]> TOC \t "Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9" \t "nHeading 2,2,nHeading 3,8" \n "2-7" \w \* MERGEFORMAT <![endif] — Citation2 — Commencement3 — Work excluded (Act s. 3(1) 3A. Certain work to repair cyclone damage excluded (Act s. 3(1) construction work) 53B. Certain building work for foreign countries excluded (Act s. 3(1) construction work) 54 — When construction work commences (Act s. 3(2)(d))7 — Inflation adjustments prescribed (Act s. 21(1)(a)‑(c))8 — Rate per annum prescribed (Act s. 9 — Records of construction work, project owner’s duties as to10 — Levy payments to be accompanied by approved form11 — Procedures prescribed for collection agencies (Act s. 27(2))12 — Certificate of appointment of authorised person (Act s. 28(2))Schedule 2NotesCompilation table — Compilation tableDefined terms

Western Australia

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 (Act s. 3(1) 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;
- (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;
- (c)
  agricultural work;
- (d)
  government work;
- (e)
  resources operational work.
(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 permit is required;

geosequestration process means a process that is —

(a)
for the injection of carbon dioxide into a natural underground reservoir; and
(b)
associated with a resources operation;

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 workmeans 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;

residential or commercial facility means a structure, fixture, works, plant or equipment used or intended to be used predominantly for or in connection with any of the following —

(a)
residential accommodation;
(b)
office accommodation;
(c)
a kitchen or dining facility;
(d)
a recreational facility;
(e)
a toilet or ablution facility;
(f)
a medical facility;
(g)
a laboratory;
(h)
a workshop;
(i)
a fuel depot;
(j)
a warehouse;

resources means any of the following —

(a)
minerals as defined in the Mining Act 1978 section 8(1);
(b)
petroleum as defined in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);
(c)
geothermal energy resources as defined in the Petroleum and Geothermal Energy Resources Act 1967 section 5(1);

resources facility means any of the following or a part of any of the following —

(a)
a structure, fixture or works for or in connection with a resources operation;
(b)
plant or equipment in, on or associated with a structure, fixture or works referred to in paragraph (a);

resources operation means —

(a)
an operation to explore or drill for, extract, recover, process, treat or refine resources; or
(b)
an operation to handle, store or transport —
- (i)
  resources; or
- (ii)
  products of an operation referred to in paragraph (a);

resources operational work means any of the following work (unless the work is on, results in, or otherwise relates to, a residential or commercial facility) —

(a)
work associated with exploration or drilling for resources;
(b)
work associated with exploration or drilling for the purposes of a geosequestration process;
(c)
work on or resulting in an unsealed haul road or track that is associated with a resources operation;
(d)
work on or resulting in a structure that is —
(i)
for the storage, treatment, supply or disposal of non‑potable water; and
(ii)
associated with a resources operation;
(e)
work on or resulting in a structure that is —
(i)
for the storage of tailings, overburden or waste; and
(ii)
associated with a resources operation;
(f)
work for the excavation or back‑filling of soil or overburden that is associated with a resources operation;
(g)
work for the environmental remediation, restoration or rehabilitation of ground disturbed by a resources operation;
(h)
work for the closure or decommissioning of 1 or more resources facilities (including work associated with environmental remediation, restoration or rehabilitation);
(i)
work for the repair or maintenance of 1 or more resources facilities;
(j)
work for any of the following if the value in aggregate of the work, estimated in accordance with subregulation (3), is $10 million or less —
(i)
the alteration or renovation of 1 or more resources facilities;
(ii)
the replacement of 1 or more resources facilities that have been, are being or are to be closed or decommissioned;
(iii)
the relocation of 1 or more resources facilities;
(iv)
any combination of the activities referred to in subparagraphs (i) to (iii).
(3)
Schedule 2 of the Act applies for the purposes of estimating the value of work referred to in paragraph (j) of the definition of resources operational work in subregulation (2) as if references to construction work were references to that work.

[Regulation 3 amended: Gazette 8 Mar 1994 p. 943; 14 Feb 1995 p. 491‑3; 13 Aug 1999 p. 3831; 29 Mar 2011 p. 1155‑6; 13 Mar 2012 p. 1040; 28 Sep 2018 p. 3584‑7.]

[3AA. Deleted: Gazette 28 Sep 2018 p. 3587.]

3A.Certain work to repair cyclone damage excluded (Act s. 3(1) construction 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: Gazette 4 Jun 1999 p. 2274.]

3B.Certain building work for foreign countries excluded (Act s. 3(1) construction work)

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: Gazette 7 Jan 2000 p. 20.]

4.When construction work commences (Act s. 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: Gazette 29 Mar 2011 p. 1158.]

[6. Deleted: Act No. 6 of 2009 s. 7.]

7.Inflation adjustments prescribed (Act s. 21(1)(a)‑(c))

(1)
Adjustment shall be made for inflation for the purpose of section 21(1)(c) of the Act by calculating interest on the value of the construction work as estimated for the purposes of section 21(1)(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; and
- (b)
  the CPI rate shall be determined before 1 July to take effect for the following year from 1 July to 30 June; and
- (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.Rate per annum prescribed (Act s. 24)

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.Records of construction work, project owner’s duties as to

(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; and
- (b)
  the date on which the construction work commenced; and
- (c)
  the value of the construction work; and
- (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: Gazette 16 Aug 1991 p. 4279.]

10.Levy payments to be accompanied by approved 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; and
(b)
the estimated value of the construction work; and
(c)
the signature of the project owner; and
(d)
the estimated levy payable on the construction work.

11.Procedures prescribed for collection agencies (Act s. 27(2))

(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; and
- (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; and
- (c)
  collect from the project owner the completed levy payment form and the levy as calculated under paragraph (b); and
- (d)
  pay the levy collected into an account approved by the Treasurer until it is paid to the Fund; and
- (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 (Act s. 28(2))

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: 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 Board Date

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; or
(b)
conduct an examination or inquiry; or
(c)
require the production of, examine and take copies or extracts from, any documents.

Notes

1 This 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. The table also contains information about any reprint.

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
Reprint of the Building and Construction Industry Training Fund and Levy Collection Regulations 1991 as at 15 Sep 2000 (includes amendments listed above)
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 to 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))
Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2012	13 Mar 2012 p. 1039-40	r. 1 and 2: 13 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Apr 2012 (see r. 2(b)(i) and Gazette 13 Mar 2012 p. 1033)
Reprint 2: The Building and Construction Industry Training Fund and Levy Collection Regulations 1991 as at 1 Jun 2012 (includes amendments listed above)
Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2018	28 Sep 2018 p. 3584‑7	r. 1 and 2: 28 Sep 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Oct 2018 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

agricultural land............................................................................................................ 3(2)

agricultural work........................................................................................................... 3(2)

construction work........................................................................................................ 3(1)

Cyclone Elaine........................................................................................................... 3A(2)

Cyclone Vance.......................................................................................................... 3A(2)

geosequestration process.......................................................................................... 3(2)

government authority.................................................................................................. 3(2)

government work......................................................................................................... 3(2)

Index............................................................................................................................... 7(2)

levy payment form..................................................................................................... 11(2)

residential or commercial facility................................................................................ 3(2)

resources....................................................................................................................... 3(2)

resources facility.......................................................................................................... 3(2)

resources operation..................................................................................................... 3(2)

resources operational work................................................................................ 3(2), 3(3)

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Building and Construction Industry Training Fund and Levy Collection Regulations 1991 (WA)

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