{"id":"building-and-construction-industry-training-fund-and-levy-collection-regulations-1991","name":"Building and Construction Industry Training Fund and Levy Collection Regulations 1991","slug":"building-and-construction-industry-training-fund-and-levy-collection-regulations-1991","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174152,"registerId":"wa-building-and-construction-industry-training-fund-and-levy-collection-regulations-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building and Construction Industry Training Fund and Levy Collection Regulations 1991","content":"![Crest]()Western Australia\n\nBuilding and Construction Industry Training Fund and  \nLevy Collection Act 1990\n\nBuilding and Construction Industry Training Fund and Levy Collection Regulations 1991\n\nWestern Australia\n\nBuilding and Construction Industry Training Fund and Levy Collection Regulations 1991\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Work excluded (Act s. 3(1) *construction work*) 1\n\n3A. Certain work to repair cyclone damage excluded (Act s. 3(1) *construction work*) 5\n\n3B. Certain building work for foreign countries excluded (Act s. 3(1) *construction work*) 5\n\n4. When construction work commences (Act s. 3(2)(d)) 6\n\n7. Inflation adjustments prescribed (Act s. 21(1)(a)‑(c)) 6\n\n8. Rate per annum prescribed (Act s. 24) 7\n\n9. Records of construction work, project owner’s duties as to 7\n\n10. Levy payments to be accompanied by approved form 7\n\n11. Procedures prescribed for collection agencies (Act s. 27(2)) 8\n\n12. Certificate of appointment of authorised person (Act s. 28(2)) 9\n\nSchedule 2\n\nNotes\n\nCompilation table 11\n\nDefined terms\n\n  \n\nWestern Australia\n\nBuilding and Construction Industry Training Fund and  \nLevy Collection Act 1990\n\nBuilding and Construction Industry Training Fund and Levy Collection Regulations 1991\n\n##### 1. Citation\n\nThese regulations may be cited as the *Building and Construction Industry Training Fund and Levy Collection Regulations 1991* 1*.*\n\n##### 2. Commencement\n\nThese 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.\n\n##### 3. Work excluded (Act s. 3(1) *construction work*)\n\n(1) The following work is work that is excluded from the definition of construction work under section 3(1) of the Act —\n\n(a) work the value of which is $20 000 or less;\n\n(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;\n\n(c) agricultural work;\n\n(d) government work;\n\n(e) resources operational work.\n\n(2) In this regulation —\n\n  agricultural land means land wholly or mainly used for farming, cropping or grazing purposes;\n\n  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;\n\ngeosequestration process means a process that is —\n\n(a) for the injection of carbon dioxide into a natural underground reservoir; and\n\n(b) associated with a resources operation;\n\ngovernment authority means —\n\n(a) the Crown;\n\n(b) an agency or instrumentality of the Crown;\n\n(c) a local government or regional local government within the meaning of the *Local Government Act 1995* or a Commissioner appointed under that Act;\n\n  government work  means work carried out —\n\n(a) by a government authority; or\n\n(b) for or on behalf of a government authority by —\n\n(i) an officer or employee of a government authority; or\n\n(ii) another government authority;\n\nresidential 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 —\n\n(a) residential accommodation;\n\n(b) office accommodation;\n\n(c) a kitchen or dining facility;\n\n(d) a recreational facility;\n\n(e) a toilet or ablution facility;\n\n(f) a medical facility;\n\n(g) a laboratory;\n\n(h) a workshop;\n\n(i) a fuel depot;\n\n(j) a warehouse;\n\nresources means any of the following —\n\n(a) minerals as defined in the *Mining Act 1978* section 8(1);\n\n(b) petroleum as defined in the *Petroleum and Geothermal Energy Resources Act 1967* section 5(1);\n\n(c) geothermal energy resources as defined in the *Petroleum and Geothermal Energy Resources Act 1967* section 5(1);\n\nresources facility means any of the following or a part of any of the following —\n\n(a) a structure, fixture or works for or in connection with a resources operation;\n\n(b) plant or equipment in, on or associated with a structure, fixture or works referred to in paragraph (a);\n\nresources operation means —\n\n(a) an operation to explore or drill for, extract, recover, process, treat or refine resources; or\n\n(b) an operation to handle, store or transport —\n\n(i) resources; or\n\n(ii) products of an operation referred to in paragraph (a);\n\nresources operational work means any of the following work (unless the work is on, results in, or otherwise relates to, a residential or commercial facility) —\n\n(a) work associated with exploration or drilling for resources;\n\n(b) work associated with exploration or drilling for the purposes of a geosequestration process;\n\n(c) work on or resulting in an unsealed haul road or track that is associated with a resources operation;\n\n(d) work on or resulting in a structure that is —\n\n(i) for the storage, treatment, supply or disposal of non‑potable water; and\n\n(ii) associated with a resources operation;\n\n(e) work on or resulting in a structure that is —\n\n(i) for the storage of tailings, overburden or waste; and\n\n(ii) associated with a resources operation;\n\n(f) work for the excavation or back‑filling of soil or overburden that is associated with a resources operation;\n\n(g) work for the environmental remediation, restoration or rehabilitation of ground disturbed by a resources operation;\n\n(h) work for the closure or decommissioning of 1 or more resources facilities (including work associated with environmental remediation, restoration or rehabilitation);\n\n(i) work for the repair or maintenance of 1 or more resources facilities;\n\n(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 —\n\n(i) the alteration or renovation of 1 or more resources facilities;\n\n(ii) the replacement of 1 or more resources facilities that have been, are being or are to be closed or decommissioned;\n\n(iii) the relocation of 1 or more resources facilities;\n\n(iv) any combination of the activities referred to in subparagraphs (i) to (iii).\n\n(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.\n\n[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.]\n\n[**3AA.** Deleted: Gazette 28 Sep 2018 p. 3587.]\n\n##### 3A. Certain work to repair cyclone damage excluded (Act s. 3(1) *construction work*)\n\n(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.\n\n(2) In subregulation (1) —\n\nCyclone Elaine means the cyclone given that designation by the Bureau of Meteorology;\n\nCyclone Vance means the cyclone given that designation by the Bureau of Meteorology.\n\n[Regulation 3A inserted: Gazette 4 Jun 1999 p. 2274.]\n\n##### 3B. Certain building work for foreign countries excluded (Act s. 3(1) *construction work*)\n\nConstruction 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.\n\n[Regulation 3B inserted: Gazette 7 Jan 2000 p. 20.]\n\n##### 4. When construction work commences (Act s. 3(2)(d))\n\nConstruction work commences under section 3(2)(d) of the Act when any of the construction work is commenced on the building or construction site.\n\n[**5.** Deleted: Gazette 29 Mar 2011 p. 1158.]\n\n[**6.** Deleted: Act No. 6 of 2009 s. 7.]\n\n##### 7. Inflation adjustments prescribed (Act s. 21(1)(a)‑(c))\n\n(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).\n\n(2) The CPI rate of interest to be used under subregulation (1) shall be determined by the Board in accordance with the following —\n\n(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\n\n(b) the CPI rate shall be determined before 1 July to take effect for the following year from 1 July to 30 June; and\n\n(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\n\n(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.\n\n##### 8. Rate per annum prescribed (Act s. 24)\n\nThe 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.\n\n##### 9. Records of construction work, project owner’s duties as to\n\n(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 —\n\n(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\n\n(b) the date on which the construction work commenced; and\n\n(c) the value of the construction work; and\n\n(d) the site address of the construction work; and\n\n(e) brief details describing the type of construction work.\n\n(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.\n\nPenalty: $1 000.\n\n[Regulation 9 amended: Gazette 16 Aug 1991 p. 4279.]\n\n##### 10. Levy payments to be accompanied by approved form\n\nAll 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 —\n\n(a) a brief description of the construction work; and\n\n(b) the estimated value of the construction work; and\n\n(c) the signature of the project owner; and\n\n(d) the estimated levy payable on the construction work.\n\n##### 11. Procedures prescribed for collection agencies (Act s. 27(2))\n\n(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.\n\n(2) In this regulation levy payment form means a form in a form referred to in regulation 10.\n\n(3) A collection agency shall —\n\n(a) provide to any project owner a levy payment form; and\n\n(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\n\n(c) collect from the project owner the completed levy payment form and the levy as calculated under paragraph (b); and\n\n(d) pay the levy collected into an account approved by the Treasurer until it is paid to the Fund; and\n\n(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\n\n(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.\n\n##### 12. Certificate of appointment of authorised person (Act s. 28(2))\n\nThe certificate issued to an authorised person under section 28(2) of the Act shall be in the form of Form 1 in Schedule 2.\n\n[Schedule 1 deleted: Gazette 29 Mar 2011 p. 1159.]\n\nSchedule 2\n\n[s. 28(2) of Act and Reg. 12]\n\n**Form 1**\n\n*Building and Construction Industry Training Fund and Levy Collection Act 1990*\n\n**CERTIFICATE OF APPOINTMENT OF AUTHORISED PERSON**\n\n**(Section 28)**\n\nThis is to certify that ...................................................................................... is an  \nauthorised person for the purposes of the *Building and Construction Industry Training Fund and Levy Collection Act 1990*.\n\n....................................................................................... .........................\n\nPresiding member of the Board Date\n\n**Reverse of Form 1**\n\n**Summary of powers of an authorised person under the *Building and Construction Industry Training Fund and Levy Collection Act 1990*.**\n\n1. 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.\n\n2. 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.\n\n3. An authorised person may, if directed by the Board, for the purposes of ascertaining whether there has been compliance with the Act —\n\n(a) enter, inspect and examine any place at a reasonable time; or\n\n(b) conduct an examination or inquiry; or\n\n(c) require the production of, examine and take copies or extracts from, any documents.\n\n![dline]()\n\nNotes\n\n1 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.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *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) |\n| *Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 1991* | 16 Aug 1991 p. 4279 | 16 Aug 1991 |\n| *Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 1993* | 8 Mar 1994 p. 943 | 8 Mar 1994 |\n| *Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 1994* | 14 Feb 1995 p. 491‑3 | 14 Feb 1995 |\n| *Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 1999* | 4 Jun 1999 p. 2273-4 | 4 Jun 1999 |\n| *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) |\n| *Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2000* | 7 Jan 2000 p. 19-20 | 7 Jan 2000 |\n| **Reprint of the *Building and Construction Industry Training Fund and Levy Collection Regulations 1991* as at 15 Sep 2000** (includes amendments listed above) | | |\n| *Building and Construction Industry Training Fund and Levy Collection Amendment Regulations 2001* | 16 Jan 2001 p. 338 | 1 Feb 2001 (see r. 2) |\n| *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)) |\n| *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)) |\n| *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) |\n| **Reprint 2: The *Building and Construction Industry Training Fund and Levy Collection Regulations 1991* as at 1 Jun 2012** (includes amendments listed above) | | |\n| *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)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nagricultural land 3(2)\n\nagricultural work 3(2)\n\nconstruction work 3(1)\n\nCyclone Elaine 3A(2)\n\nCyclone Vance 3A(2)\n\ngeosequestration process 3(2)\n\ngovernment authority 3(2)\n\ngovernment work 3(2)\n\nIndex 7(2)\n\nlevy payment form 11(2)\n\nresidential or commercial facility 3(2)\n\nresources 3(2)\n\nresources facility 3(2)\n\nresources operation 3(2)\n\nresources operational work 3(2), 3(3)\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the legislation changed from its original intent, as no legislative text was available for analysis."},"complexity_factors":["No legislative content was provided — the source URL returned a page-not-found error rather than the actual regulations","Complexity cannot be meaningfully assessed without the text of the legislation","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content available to analyse.**\n\nThe page that was meant to contain the *Building and Construction Industry Training Fund and Levy Collection Regulations 1991* (Western Australia) is no longer accessible. The website has returned an error indicating the page has been removed or relocated due to system upgrades.\n\n**What this means for you:** No meaningful legal analysis can be provided because the actual text of the regulations was not retrievable. If you need to read these regulations, try:\n- Visiting the Western Australian legislation website (legislation.wa.gov.au) directly and searching for the title\n- Contacting the Parliamentary Counsel's Office helpdesk as suggested on the error page\n- Checking an alternative legal database such as AustLII"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations narrow and operationalise the Act’s coverage by specifying excluded work categories and monetary thresholds (regs 3, 3A, 3B), defining when work begins (reg 4) and how values are estimated (reg 3(3)). They allocate payment and compliance obligations to project owners and collection agencies by requiring approved forms, record retention and remittance procedures (regs 9–11). They also fix administrative mechanics—CPI adjustment rules and Board discretion (reg 7(2)), penalty rate (reg 8) and powers of authorised persons (reg 12/Schedule 2)—thereby changing how the Act applies in practice."},"complexity_factors":["Multiple, detailed exclusions and definitions (reg 3, regs 3A–3B) that require factual assessment of work type and value","Cross-references to the Act and Schedule 2 for valuation and commencement rules (eg. Act s.3, reg 3(3))","Formulaic CPI adjustment process that the Board must determine annually (reg 7(1)–(2))","Bright‑line monetary thresholds and aggregation rules for resources operational work (reg 3(2)(j), reg 3(3))","Administrative procedures and timing requirements for collection agencies, including bank account approval and monthly remittance by the 10th (reg 11(3)(d)–(e))","Record‑keeping obligations with a statutory penalty and a Board discretion to exempt (reg 9(1)–(2))","High prescribed penalty rate (100% of unpaid levy) for commencing work before payment (reg 8)","Powers and formalities for authorised persons, including inspection and statutory-declaration requirements (reg 12 and Schedule 2 Form 1)"],"plain_english_summary":"These regulations set the practical mechanics of the Building and Construction Industry Training Fund levy: they list categories of work excluded from the levy, prescribe when work commences and how values and inflation adjustments are calculated, fix a penalty rate, and require approved levy forms, record-keeping and collection procedures. They affect project owners, collection agencies and the Board: project owners must complete forms and keep records (regs 9–10); collection agencies must collect, bank and remit levies and report to the Board (reg 11); the Board sets CPI adjustments and may grant exemptions (reg 7(2), r9(2))."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond simple levy collection mechanics. The original 1991 regulations appear to have been straightforward procedural rules, but subsequent amendments (notably 1999, 2011, 2012, 2018) have added extensive resources industry exemptions, geosequestration processes, cyclone-specific relief, and diplomatic mission exclusions. The resources operational work exemption (Regulation 3(2)) now occupies the majority of the regulatory text with highly technical definitions drawn from mining and petroleum legislation, suggesting the scope has expanded to address specific industry sector lobbying rather than just training fund administration."},"complexity_factors":["Multiple nested definitions in Regulation 3(2): 'resources operational work' depends on 'resources operation' which depends on 'resources' and 'resources facility', with cross-references to other Acts (Mining Act 1978, Petroleum and Geothermal Energy Resources Act 1967)","Conditional exclusions with value thresholds: $20,000 general exemption vs $10 million threshold for specific resources facility alterations (Regulation 3(2) definition of resources operational work, para (j))","Exception to exception structure: resources operational work is excluded UNLESS it relates to a 'residential or commercial facility', which itself has a 10-item list definition","Deleted regulations (3AA, 5, 6) and amendment history showing evolutionary complexity over 27 years (1991-2018)","Specific temporal exemptions for named cyclones (Elaine and Vance) creating permanent historical carve-outs","CPI calculation methodology requiring quarterly statistical references and conditional nil rates (Regulation 7)","Cross-referencing between Regulations and parent Act sections (e.g., 'Act s. 3(1) construction work' appears in multiple regulation headings)"],"plain_english_summary":"This is Western Australian legislation that sets out the practical rules for collecting a training levy on building and construction work.\n\n**What it does:**\nThe regulations operate under the Building and Construction Industry Training Fund and Levy Collection Act 1990. They specify:\n- **What work is exempt from the levy** — small jobs under $20,000, routine maintenance by non-construction businesses, agricultural work, government work, and resources operational work (mining/oil & gas infrastructure) with detailed conditions\n- **Special disaster relief** — work repairing damage from Cyclones Elaine and Vance is exempt\n- **Diplomatic immunity** — building work for foreign embassies/consulates is exempt\n- **When work officially starts** — triggering levy obligations\n- **How the levy is calculated and adjusted for inflation** — using Perth CPI figures\n- **Record-keeping** — project owners must keep levy records for 5 years\n- **Collection procedures** — how approved agencies collect and forward levies to the Training Fund\n- **Penalties** — 100% penalty rate for starting work before paying the levy\n\n**Who it affects:**\n- **Project owners** commissioning construction work (must pay levy, keep records)\n- **Collection agencies** (often local councils or industry bodies) that collect levies on behalf of the Training Fund\n- **Authorised inspectors** who enforce the Act\n- **Resources sector** — specific complex rules for mining and petroleum operations\n\n**Why it matters:**\nThese regulations determine who pays into Western Australia's building industry training fund. The detailed exemptions — especially for resources operations and cyclone repairs — reflect significant industry lobbying and policy decisions about which sectors should subsidise apprentice training. The 100% penalty rate for early commencement is a strong deterrent against avoiding payment."}},"importantCases":[],"_links":{"self":"/api/acts/building-and-construction-industry-training-fund-and-levy-collection-regulations-1991","history":"/api/acts/building-and-construction-industry-training-fund-and-levy-collection-regulations-1991/history","analysis":"/api/acts/building-and-construction-industry-training-fund-and-levy-collection-regulations-1991/analysis","conflicts":"/api/acts/building-and-construction-industry-training-fund-and-levy-collection-regulations-1991/conflicts","importantCases":"/api/acts/building-and-construction-industry-training-fund-and-levy-collection-regulations-1991/important-cases","documents":"/api/acts/building-and-construction-industry-training-fund-and-levy-collection-regulations-1991/documents"}}