{"id":"tas:sr-2024-100","name":"Building and Construction Industry Training Fund Regulations 2024","slug":"building-and-construction-industry-training-fund-regulations-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"100 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174476,"registerId":"tas-sr-2024-100-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Building and Construction Industry Training Fund Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-100) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 24 December 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Building and Construction Industry Training Fund Act 1990](/view/html/inforce/2026-04-12/act-1990-038) ;\n> \n> > ***appropriate authority***, in relation to building or construction work, means –\n> > \n> > > > (a) if a building permit is required in respect of the work, the permit authority issuing that building permit; or\n> > > \n> > > > (b) if the work is carried out for the Crown, the Government department, or agency, responsible for that work; or\n> > > \n> > > > (c) if the work is carried out for a local authority, that local authority; or\n> > > \n> > > > (d) in all other cases, the Board;\n> \n> > ***receipt*** means a receipt provided under [regulation 4(2)](#GS4@Gs2@EN) ;\n> \n> > ***voucher*** means a voucher issued under [regulation 4(1)(a)](#GS4@Gs1@Hpa@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Voucher or receipt in respect of paid levy","content":"### 4 Voucher or receipt in respect of paid levy\n\n> > (1)  If the levy is paid, under [section 27](/view/html/inforce/2026-04-12/act-1990-038#GS27@EN) of the Act, to a collection agency, the collection agency is to –\n> > \n> > > > (a) issue and keep a voucher in respect of that payment; and\n> > > \n> > > > (b) provide a copy of that voucher to the project owner and, if the person paying the levy is not the project owner, to that person; and\n> > > \n> > > > (c) provide a copy of that voucher to the Board before the seventh day of the following month.\n> \n> > (2)  If the levy is paid, under [section 27](/view/html/inforce/2026-04-12/act-1990-038#GS27@EN) 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, to that person.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Duty to provide information on payment of levy","content":"### 5 Duty to provide information on payment of levy\n\n> 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.\n> \n> Penalty:  Fine not exceeding 4 penalty units.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Duty to provide evidence of payment of levy","content":"### 6 Duty to provide evidence of payment of levy\n\n> Before a project owner commences building or construction work, the project owner must provide evidence to the appropriate authority that the levy in respect of that work has been paid.\n> \n> Penalty:  Fine not exceeding 10 penalty units.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Notification of cancellation of building or construction work","content":"### 7 Notification of cancellation of building or construction work\n\n> > (1)  A notice under [section 31(1)](/view/html/inforce/2026-04-12/act-1990-038#GS31@Gs1@EN) of the Act is to be –\n> > \n> > > > (a) in writing; and\n> > > \n> > > > (b) verified by the statutory declaration of the project owner.\n> \n> > (2)  For the purposes of providing proof to the satisfaction of the Board under [section 31(2)](/view/html/inforce/2026-04-12/act-1990-038#GS31@Gs2@EN) of the Act, the project owner is to provide the Board with any information requested by the Board in respect of building or construction work that is not carried out.\n> \n> > (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.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Records to be kept","content":"### 8 Records to be kept\n\n> 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:\n> \n> > > (a) the copy of the voucher or receipt provided to the project owner under [regulation 4](#GS4@EN) ;\n> > \n> > > (b) the date on which the building or construction work was completed;\n> > \n> > > (c) if there was a difference between the estimated value of the building or construction work and the final value of that work –\n> > > \n> > > > > (i) the amount of that final value; and\n> > > > \n> > > > > (ii) any additional amount paid in respect of the levy as a result of the variation; and\n> > > > \n> > > > > (iii) the date of any additional payment referred to in [subparagraph (ii)](#GS8@Hpc@Hqii@EN) ;\n> > \n> > > (d) full details of any claim for a refund made in respect of the levy.\n> \n> Penalty:  Fine not exceeding 20 penalty units.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 24 December 2024\n\nThese regulations are administered in the Department of State Growth.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, these regulations appear to serve their stated purpose of supporting the Building and Construction Industry Training Fund. There is no evidence in the provided text of scope creep or departure from the original intent of funding construction industry training through industry levies. The 2024 date suggests this may be a remake or update of existing regulations rather than an entirely new scheme."},"complexity_factors":["Limited substantive content available in the provided text — mostly metadata, making full analysis impossible","Regulations operate under a parent Act, meaning readers must cross-reference two documents to understand the full legal framework","Levy calculation mechanisms in construction training fund regulations can involve project cost thresholds and exemptions that require careful reading","Tasmanian-specific — rules differ from other states with similar schemes, which may cause confusion for interstate operators","Compliance obligations span multiple parties (project owners, builders, developers), requiring each to understand their specific role"],"plain_english_summary":"These Tasmanian regulations set out the technical rules for operating the Building and Construction Industry Training Fund: how levies are collected, who must pay, how funds are managed and spent on training, and reporting/compliance obligations.  \n\nThey affect building and construction businesses, developers, apprentices and workers, and training providers. Effective 24 December 2024, the scheme funds industry training to address skills shortages and non‑compliance can attract penalties."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations appear to serve their original intended purpose of operationalising the levy collection and record-keeping requirements under the parent Act. The scope is appropriately limited to administrative machinery provisions."},"complexity_factors":["Only 4 defined terms in the interpretation section","Straightforward procedural requirements with clear sequential steps","Minimal cross-referencing (only to the parent Act and within the regulations themselves)","Simple conditional logic (if paid to agency do X, if paid to Board do Y)","No nested exceptions or complex deeming provisions","Short length (8 sections total)","Clear penalty structure with fixed maximums"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the administrative rules for how the building and construction industry training levy is collected, recorded, and proven to have been paid in Tasmania.\n\n**Key points:**\n\n- **Who pays:** Project owners of building or construction work must pay a levy (under the main Act) that funds training for the construction industry.\n\n- **Paperwork trail:**\n  - If you pay the levy to a collection agency, they must issue a **voucher** (a formal payment record), give copies to you and the person who paid (if different), and send a copy to the Training Fund Board by the 7th of next month.\n  - If you pay directly to the Board, they must give you a **receipt**.\n\n- **What you must do:**\n  - Provide any information the Board or collection agency asks for when paying the levy (fine: up to 4 penalty units if you don't).\n  - Prove you've paid the levy **before starting work** by showing your voucher or receipt to the \"appropriate authority\" — this could be your local council (if you need a building permit), the government department (for Crown work), the local council (for their work), or the Board itself (for everything else) (fine: up to 10 penalty units if you don't).\n  - Keep records for 2 years after finishing work, including your voucher/receipt, completion date, details of any cost variations that changed the levy amount, and any refund claims (fine: up to 20 penalty units if you don't).\n\n- **If work gets cancelled:** You can apply for a refund, but you must notify the Board in writing with a statutory declaration (a sworn statement). If you later go ahead with the same work, you'll have to pay the levy again.\n\n**Why it matters:**\n\nThese rules ensure the training levy is properly tracked, prevent people from dodging payment, and make sure there's clear evidence that money has been paid before construction begins. The penalties are designed to enforce compliance without being excessive."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations implement procedural and administrative requirements for levy payment, proof, notification, refund and record‑keeping under the existing Building and Construction Industry Training Fund Act 1990 (see reg 3 and regs 4–8). They do not expand or redefine which projects are subject to the levy; they prescribe how payments are evidenced, reported and retained, and set associated penalties and timelines."},"complexity_factors":["Cross‑references to the Act and specific Act sections (definitions and levy payment powers) increase legal linkage (see reg 3 definition of 'Act' and references to section 27 and section 31).","Multiple regulated actors and decision points: project owner, collection agency, Board and 'appropriate authority' (reg 3 defines appropriate authority with four alternatives).","Timing and reporting deadlines (e.g. collection agency must provide voucher copy to the Board before the seventh day of the following month; reg 4(1)(c)).","Evidence and verification requirements elevate compliance formality: statutory declaration for cancellation notices (reg 7(1)) and obligation to produce information on request (reg 7(2)).","Pre‑commencement constraint: project owners must show evidence of levy payment before starting work (reg 6) — creates sequencing risk for contractors and permit processes.","Record‑keeping obligations and penalties: two‑year retention and graduated fines (reg 8; penalties in regs 5, 6 and 8), creating measurable compliance costs and enforcement triggers.","Refund interaction: refund of levy for cancelled work does not remove future levy obligation if work proceeds later (reg 7(3)), affecting financial planning and potential double payments."],"plain_english_summary":"These regulations set out practical steps for paying, proving and documenting the building‑industry training levy under the Building and Construction Industry Training Fund Act 1990. They require collection agencies or the Board to issue vouchers/receipts, oblige project owners to give evidence of payment to the relevant permit or Crown/local authority before work starts, mandate two‑year record retention, and specify verification and refund procedures plus modest penalties. They affect project owners, collection agencies, permit/appropriate authorities and the Board by creating clear compliance, reporting and verification duties."}},"importantCases":[],"_links":{"self":"/api/acts/building-and-construction-industry-training-fund-regulations-2024","history":"/api/acts/building-and-construction-industry-training-fund-regulations-2024/history","analysis":"/api/acts/building-and-construction-industry-training-fund-regulations-2024/analysis","conflicts":"/api/acts/building-and-construction-industry-training-fund-regulations-2024/conflicts","importantCases":"/api/acts/building-and-construction-industry-training-fund-regulations-2024/important-cases","documents":"/api/acts/building-and-construction-industry-training-fund-regulations-2024/documents"}}