{"id":"a-1999-30","name":"Building and Construction Industry Training Levy Act 1999","slug":"building-and-construction-industry-training-levy-act-1999","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"30 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23138,"registerId":"act-a-1999-30-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building and Construction Industry Training Levy Act 1999","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBuilding and Construction Industry\nTraining Levy Act 1999\nA1999-30\nRepublication No 23\nEffective: 16 November 2025\nRepublication date: 16 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Building and Construction Industry Training Levy Act 1999\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 16 November 2025. It also includes any commencement, amendment, repeal or\nexpiry affecting this republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBuilding and Construction Industry\nTraining Levy Act 1999\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Offences against Act—application of Criminal Code etc 3\nPart 2 The authority\nDivision 2.1 Establishment and functions of authority\n4 Establishment of authority 4\n5 Functions of authority 4\nDivision 2.2 Governing board\n6 Establishment of governing board 5\n\nContents\nPage\ncontents 2 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Governing board members 5\n7A Term of chief executive officer of authority 5\n7B No deputy chair 6\n8 Administration of authority 6\nPart 3 Levy on building and construction work\n15 Definitions—pt 3 7\n16 Rate of levy 8\n17 Training levy liability 8\n18 Calculation of training levy 9\n19 Assessment of value of work 9\n20 Payment of levy 9\n21 Refund of levy if work not carried out 10\n22 Adjustment of levy 10\nPart 4 The building and construction industry\ntraining fund\n23 Establishment and operation of fund 12\n24 Application of fund 12\nPart 5 Building and construction industry training\nplans\n25 Approval of training plans 13\n26 Inspection of training plans 13\n27 Application of training plans 13\n28 Funding for training 14\nPart 6 Inspectors\n29 Appointment 15\n30 Identity cards 15\n31 Powers of entry 15\n32 Consent to entry and inspection 16\n33 Search warrants 17\n34 Powers of inspectors 19\n35 Contravention of requirement by inspector 20\n\nContents\nPage\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n37 Regulation-making power 21\nSchedule 1 Work 22\nDictionary 24\nEndnotes\n1 About the endnotes 26\n2 Abbreviation key 26\n3 Legislation history 27\n4 Amendment history 30\n5 Earlier republications 35\n\n\n\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBuilding and Construction Industry\nTraining Levy Act 1999\nAn Act to impose a levy for improving training in the building and construction\nindustry, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Building and Construction Industry Training Levy\nAct 1999.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘project owner, for part 3—see\nsection 15.’ means that the expression ‘project owner’ is defined in that\nsection and the definition applies to part 3.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 3A\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 The authority\nDivision 2.1 Establishment and functions of authority\nSection 4\npage 4 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 The authority\nNote for pt 2\nThe governance of territory authorities, including the Building and\nConstruction Industry Training Fund Authority, is regulated by the\nFinancial Management Act 1996 (the FMA), pt 9 as well as the Act that\nestablishes them.\nThe FMA, pt 9 deals, for example, with the corporate status of territory\nauthorities and their powers, the make-up of governing boards, the\nresponsibilities of the governing board and board members, how\ngoverning board positions can be ended, meetings of governing boards\nand conflicts of interest.\nDivision 2.1 Establishment and functions of\nauthority\n4 Establishment of authority\nThe Building and Construction Industry Training Fund Authority (the\nauthority) is established.\nNote If a law changes a name of an entity (like the Building and Construction\nIndustry Training Fund Board), the entity continues in existence under\nthe new name (the Building and Construction Industry Training Fund\nAuthority) and its identity is not affected by the change (see Legislation\nAct, s 183).\n5 Functions of authority\nThe authority has the following functions:\n(a) administering the fund;\n(b) making payments, or directing that payments be made, from the\nfund in accordance with training plans;\n\nThe authority Part 2\nGoverning board Division 2.2\nSection 6\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) exercising any other function given to the authority under this\nAct or any other territory law.\nNote The Legislation Act, s 196 (1) provides that a provision of an Act that\ngives an entity (including the board) a function also gives the entity the\npowers necessary and convenient to exercise the function.\nDivision 2.2 Governing board\n6 Establishment of governing board\nThe authority has a governing board.\nNote An appointment of a governing board member is an appointment under\nthis section (see Financial Management Act 1996, s 78 (7) (b)).\n7 Governing board members\n(1) The governing board has 6 members.\nNote A chair of the governing board must be appointed under the Financial\nManagement Act 1996, s 79.\n(2) Two of the governing board members must be appointed to represent\nthe interests of employers in the building and construction industry.\n(3) Two of the governing board members must be appointed to represent\nthe interests of employees in the building and construction industry.\n(4) The chair must not be a representative mentioned in subsection (2) or\n(3).\n(5) The chief executive officer is a non-voting member of the governing\nboard.\nNote The Financial Management Act 1996, s 95 (2) and s 96 (1) deal with non-\nvoting members of governing boards.\n7A Term of chief executive officer of authority\nThe chief executive officer of the authority must not be appointed for\na term of longer than 5 years.\n\nPart 2 The authority\nDivision 2.2 Governing board\nSection 7B\npage 6 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7B No deputy chair\nThe Minister must not appoint a deputy chair for the governing board.\nNote 1 This section ensures that a deputy chair cannot be appointed for the\ngoverning board under the Financial Management Act 1996, s 79 (1).\nNote 2 The Minister may appoint an acting chair (see Legislation Act, s 209).\n8 Administration of authority\nThe governing board may make arrangements with the council, or\nanyone else, for the provision of—\n(a) administrative or secretarial services to the authority (including\nthe governing board); or\n(b) the administration of the fund in accordance with the directions\nof the governing board.\n\nLevy on building and construction work Part 3\nSection 15\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Levy on building and\nconstruction work\n15 Definitions—pt 3\nIn this part:\nBuilding Act means the Building Act 2004.\nbuilding approval means a building approval under the Building Act.\nbuilding work—see the Building Act, section 6.\nexempt work means—\n(a) work the value of which is not more than $10 000; or\n(b) work done by a public authority, other than work that has been\nawarded to the public authority because of a public tendering\nprocess; or\n(c) building work in relation to an exempt building under the\nBuilding Act 2004, section 12 (Exempt buildings); or\n(d) building work in relation to a building to which the Building Act\ndoes not apply because that Act exempts the building from the\napplication of that Act; or\nNote 1 A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\nNote 2 See the Building Act, s 152 (2).\n(e) building work to which the Building Act, part 3 (Building work)\ndoes not apply.\nNote The Building (General) Regulation 2008, s 6 prescribes building\nwork that is exempt from the application of the Building Act 2004,\npt 3 (and pt 5 and pt 6).\nowner, of land—see the Building Act, dictionary.\n\nPart 3 Levy on building and construction work\nSection 16\npage 8 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nproject owner, for work, means—\n(a) if the work is done on land by or for the owner of the land—the\nowner; or\n(b) in any other case—the person on whose behalf the work is done.\npublic authority means—\n(a) the Territory, the Commonwealth, a State or another Territory;\nor\n(b) a corporation established for a public purpose by a territory law\nor a law of the Commonwealth, a State or another Territory,\nother than a company or incorporated association; or\n(c) any other entity (including a company or incorporated\nassociation) that is prescribed for this paragraph.\nqualified valuer means a person who is prescribed by regulation as a\nqualified valuer.\nrate of levy means the rate set out in section 16.\nvalue, of work, means the value assessed under section 19.\n16 Rate of levy\nFor this part, the rate of levy is 0.2 % of the value of the work in\nrelation to which the training levy is payable.\n17 Training levy liability\n(1) A levy, ascertained in accordance with this part is payable, in\naccordance with this part, to the authority in relation to work other\nthan exempt work.\n(2) The training levy is payable by the project owner.\n(3) Training levy for building work may be paid to the construction\noccupations registrar as agent for the authority.\n\nLevy on building and construction work Part 3\nSection 18\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Calculation of training levy\nThe amount of training levy payable is the amount ascertained by\nmultiplying the value of the work by the rate of levy.\n19 Assessment of value of work\n(1) The value of work on which levy is payable is—\n(a) if the work is building work under a demolition order—the value\nagreed by the authority and the project owner or, if they\ndisagree, the value assessed by a qualified valuer agreed by the\nauthority and the owner; or\n(b) if the work is building work to which paragraph (a) does not\napply—the value used to work out the fee payable under the\nBuilding Act in relation to the issue of the building approval for\nthe work; or\n(c) in any other case—the value agreed by the authority and the\nproject owner or, if they disagree, the value assessed by a\nqualified valuer agreed by the authority and the owner.\n(2) The reasonable cost of the qualified valuer’s assessment is payable\nby the authority and the project owner equally.\n(3) In this section:\ndemolition order means a demolition order under the Building\nAct 2004, section 63A (Demolition orders—affected residential\npremises and eligible impacted property).\n20 Payment of levy\n(1) If training levy is payable in relation to work, the project owner must\npay it—\n(a) if the work is building work—before the issue of the building\napproval; or\n\nPart 3 Levy on building and construction work\nSection 21\npage 10 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the work is not building work—within 7 days after the start of\nthe work.\n(2) A project owner must not contravene subsection (1).\nMaximum penalty: 50 penalty units.\n(3) An offence against this section is a strict liability offence.\n21 Refund of levy if work not carried out\n(1) This section applies if—\n(a) training levy has been paid for work before it starts; and\n(b) the work does not start.\n(2) The authority must refund to the project owner the amount paid\nwithin 1 month after the day the authority receives a written request\nfor the refund from the project owner.\n22 Adjustment of levy\n(1) This section applies if training levy has been paid for work other than\nbuilding work and, in the opinion of the authority or the project\nowner, the value of the work—\n(a) at the completion of the work; or\n(b) if the work is abandoned before completion—when the work is\nabandoned;\ndiffers from the value on which the training levy was based.\n(2) The authority or the project owner may tell the other in writing that\nthe amount of the training levy should be recalculated on the basis of\nthe value of the work at its completion or abandonment.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n\nLevy on building and construction work Part 3\nSection 22\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If a notice under subsection (2) is given, the value of the work at its\ncompletion or abandonment must be assessed in accordance with\nsection 19.\n(4) If the amount of training levy paid is smaller than the amount that\nwould have been payable if the levy had been calculated on the value\nof the work ascertained under this section, the project owner must pay\nto the authority an amount equal to the difference.\n(5) If the amount of training levy paid is greater than the amount that\nwould have been payable if the levy had been calculated on the value\nof the work ascertained under this section, the authority must pay to\nthe project owner an amount equal to the difference.\n(6) An amount payable under subsection (4) or (5) is payable within\n1 month of the ascertainment of the value of the work under\nsubsection (3).\n\nPart 4 The building and construction industry training fund\nSection 23\npage 12 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 The building and construction\nindustry training fund\n23 Establishment and operation of fund\n(1) The authority must establish and maintain a fund.\n(2) The fund consists of—\n(a) amounts received by the authority as payments of training levy\nor amounts payable under section 22 (4) after reassessment of\nthe value of work; and\n(b) interest generated by amounts standing to the credit of the fund.\n(3) The moneys of the fund—\n(a) are the property of the authority; and\n(b) must be kept separate from all other property of the authority;\nand\n(c) must be expended only in accordance with this Act.\n(4) The authority must administer the fund in the way the Minister\napproves in writing.\n24 Application of fund\nThe fund must be applied only for the following purposes:\n(a) to meet the costs and expenses incurred in the administration of\nthe fund by the authority;\n(b) to make any payments that are payable under arrangements\nmade under section 14;\n(c) to make payments of refunds under section 21 or section 22 (5);\n(d) to make payments approved by the authority under section 28.\n\nBuilding and construction industry training plans Part 5\nSection 25\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Building and construction\nindustry training plans\n25 Approval of training plans\n(1) The Minister may, after consultation with the council and the\nauthority, approve a training plan for the building and construction\nindustry.\n(2) A training plan must—\n(a) identify training needs in the building and construction industry\nthat warrant financial support from the fund in relation to a year;\nand\n(b) provide an estimate of the funds that appear to be required for\nthe fulfilment of those needs.\n(3) A training plan approved by the Minister is a notifiable instrument.\n26 Inspection of training plans\n(1) A person may inspect a copy of a training plan at the office of the\ncouncil during ordinary office hours.\n(2) This section does not apply in relation to a training plan that has no\neffect or no longer has effect.\n27 Application of training plans\n(1) Subject to this section, a training plan has effect in relation to the year\nspecified in the training plan.\n(2) A training plan has no effect unless approved by the Minister on or\nbefore 31 October in the year immediately before the year specified\nin the training plan as the year in relation to which the plan is to have\neffect.\n\nPart 5 Building and construction industry training plans\nSection 28\npage 14 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If, in relation to a year, no training plan would, apart from this\nsubsection, have effect, the training plan that had effect in relation to\nthe previous year continues, under this subsection, to have effect in\nrelation to the year.\n28 Funding for training\n(1) Subject to this section, the authority may approve the expenditure of\nfund money for the provision, in a year, of training identified as\nwarranting financial support from the fund in the training plan that\nhas effect in relation to the year.\n(2) The authority must not approve the expenditure of an amount if the\ntotal of the commitment in relation to the amount and of all other\noutstanding commitments for expenditure from the fund would\nexceed the amount standing to the credit of the fund.\n(3) The expenditure of fund money under this section may only be\napproved for the purpose of approved training to be provided by a\nregistered training organisation.\n(4) In this section:\napproved training means training, or training of a kind, that is\ndeclared by regulation to be approved training for this section.\nregistered training organisation—see the National Vocational\nEducation and Training Regulator Act 2011 (Cwlth), section 3.\n\nInspectors Part 6\nSection 29\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Inspectors\n29 Appointment\nThe authority may appoint a person as an inspector for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n30 Identity cards\n(1) The authority must give an inspector an identity card stating the\nperson’s name and that the person is an inspector.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an inspector; and\n(b) the person does not return the person’s identity card to the\nauthority as soon as practicable, but no later than 7 days after the\nday the person stops being an inspector.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n31 Powers of entry\n(1) If an inspector believes, on reasonable grounds, that—\n(a) work is being carried out on any land; or\n\nPart 6 Inspectors\nSection 32\npage 16 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) work has been carried out on any land and the training levy in\nrelation to that work has not been paid or has not been paid in\nfull;\nthe inspector may, in accordance with this section and with the\nassistance that is reasonably necessary for the exercise of the\ninspector’s functions under this part, enter during normal business\nhours the land and any premises, whether on the land or not, where\nthe inspector believes on reasonable grounds that documents or\nrecords relating to the work are kept.\n(2) An inspector may enter any land or premises and exercise any power\nspecified in section 34—\n(a) with the consent of the occupier of the land or premises; or\n(b) under a warrant issued under section 33 (2).\n(3) An inspector who enters land or premises under subsection (1) is not\nentitled to remain if, on request by the occupier, the inspector does\nnot produce the inspector’s identity card to the occupier.\n(4) If an inspector is satisfied, after making reasonable inquiries, that no-\none is present and in charge of land or premises entered by the\ninspector under a warrant, the inspector must leave, in a conspicuous\nposition on the land or the premises, a notice advising that the\ninspector made an entry under this section.\n32 Consent to entry and inspection\n(1) Before seeking the consent of the occupier of premises for section 31\n(2) (a), an inspector must inform the occupier that the occupier may\nrefuse to consent.\n\nInspectors Part 6\nSection 33\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If the inspector obtains the occupier’s consent for those purposes, the\ninspector must ask the occupier to sign a written acknowledgment—\n(a) that the occupier has been informed that the occupier may refuse\nto give consent, for section 31 (2) (a), for the inspector to enter\nthe occupier’s premises and to exercise any power under section\n34; and\n(b) that the occupier has given the inspector the consent; and\n(c) of the day and time when the consent was given.\n(3) If it is material, in any proceeding, for a court to be satisfied that an\noccupier has consented for section 31 (2) (a), and an\nacknowledgment, in accordance with subsection (2), signed by the\noccupier, is not produced in evidence, it must be presumed that the\noccupier did not consent, but the presumption is rebuttable.\n33 Search warrants\n(1) This section applies if information is laid before a magistrate alleging\nthat an inspector has reasonable grounds for suspecting that there may\nbe—\n(a) on any land—work in relation to which payment of training levy\nhas not been made, or made fully, in accordance with this Act;\nor\n(b) on any premises—\n(i) a thing of a particular kind connected with a particular\noffence against this part; or\n(ii) a document or record relating to work mentioned in\nparagraph (a);\nand the information sets out those grounds.\n\nPart 6 Inspectors\nSection 33\npage 18 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If this section applies, the magistrate may, subject to this section,\nissue a search warrant authorising the inspector named in the warrant,\nwith the assistance and by the force that is necessary and\nreasonable—\n(a) to enter any land or premises described in the warrant; and\n(b) to search the premises for things of the kind mentioned in\nsubsection (1) (b) (i) or a document or record mentioned in\nsubsection (1) (b) (ii); and\n(c) to exercise any of the powers listed in section 34 in relation to a\nthing, document or record to which the warrant refers.\n(3) A magistrate must not issue a warrant unless—\n(a) the informant or another person has given the magistrate, either\norally or by affidavit, any further information that the magistrate\nrequires about the grounds on which the issue of the warrant is\nbeing sought; and\n(b) the magistrate is satisfied that there are reasonable grounds for\nissuing the warrant.\n(4) The warrant must—\n(a) state the purpose for which it is issued; and\n(b) specify the nature of the offence, or the lack of compliance, in\nrelation to which the entry and search are authorised; and\n(c) specify particular hours when the entry is authorised or state that\nthe entry is authorised at any time of the day or night; and\n(d) specify the date (not later than 1 month after the date when the\nwarrant is issued) when the warrant ceases to have effect.\n\nInspectors Part 6\nSection 34\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34 Powers of inspectors\n(1) An inspector who enters land or premises in accordance with this part\nmay—\n(a) inspect or examine any work on the land and take measurements\nrelating to it; and\n(b) require any person apparently in charge of the land or premises\nto make available to the inspector any document or record or\nprovide information, including information stored in a\ncomputer, that appears to be relevant to the calculation of\ntraining levy; and\n(c) inspect, make copies of and take extracts from any document or\nrecord or any information made available to the inspector; and\n(d) require any person apparently in charge of the land or premises\nto answer questions related to the calculation of training levy;\nand\n(e) require any person apparently in charge of the land or premises\nto render the assistance that is necessary and reasonable to\nenable the inspector to exercise the inspector’s powers under\nthis section.\n(2) A person is not excused from providing information or from\nproducing a document or other record when requested to do so under\nsubsection (1) on the ground that providing the information or\nproducing the document or record may tend to incriminate the person\nor expose the person to a civil penalty, but the information or the\nproduction of the document is not admissible in evidence against the\nperson in any proceeding, other than a proceeding for an offence\nagainst the Criminal Code, part 3.4 (False or misleading statements,\ninformation and documents).\n\nPart 6 Inspectors\nSection 35\npage 20 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Contravention of requirement by inspector\nA person must take all reasonable steps to comply with a requirement\nmade of the person under section 34 (1) (b), (d) or (e).\nMaximum penalty: 50 penalty units.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n\nMiscellaneous Part 7\nSection 37\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n37 Regulation-making power\nThe Executive may make regulations for this Act.\n\nSchedule 1 Work\npage 22 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Work\n(see dict, def work)\n1 The construction, erection, alteration, repair, renovation, demolition,\nmaintenance or removal of a building or structure.\n2 The construction, alteration or repair of a road, street parking area,\nfootpath, thoroughfare (for pedestrians or vehicles), kerbing,\nguttering, roundabout, median strip, or the performance of other road\nworks.\n3 The construction, alteration, repair, demolition or removal of light rail\nor any other railway, or part of light rail or other railway, or of any\nplatform, signal or other structure connected with light rail or other\nrailway.\n4 The construction, alteration, repair, demolition or removal of an\naircraft runway or a helicopter landing pad.\n5 The construction, alteration, repair, demolition or removal of a\nbridge, viaduct, aqueduct or tunnel.\n6 The construction, alteration, repair, demolition or removal of a\nharbour, breakwater, retaining wall or marina.\n7 The performance of excavation work.\n8 The construction, alteration, repair, demolition or removal of a dam,\nreservoir, weir or other embankment or structure for the catchment,\ncollection, storage, control or diversion of water.\n9 The laying of pipes and other prefabricated material in the ground.\n10 The construction, erection, installation, alteration, repair, demolition\nor removal of any system or plant associated with the conveyance,\ncollection, storage, treatment or distribution of water or gas, or the\ndisposal of sewage or effluent.\n\nWork Schedule 1\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Electrical, electronic, communications or data networks or\nmechanical services work, including work that is related to the\nconstruction, erection, installation, alteration, repair, servicing or\ndismantling of any plant, plant facility or equipment.\n12 The on-site construction, installation, alteration, repair, renovation,\ndemolition or removal of—\n(a) a lift or escalator; or\n(b) any air conditioning, ventilation or refrigeration system or\nequipment.\n13 The construction, repair, alteration or removal of a playing field, golf\ncourse, racecourse, stadium, swimming pool or other sporting or\nrecreational facility.\n14 Landscaping or the construction, alteration or removal of a park or\ngarden.\n15 Work to improve the drainage of land.\n16 Any site preparation work (including pile driving) preliminary to the\nperformance of any construction work.\n\nDictionary\npage 24 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• appoint\n• document\n• entity\n• exercise\n• function\n• Minister (see s 162)\n• penalty unit (see s 133)\n• State\n• the Territory\n• year.\nauthority means the Building and Construction Industry Training\nFund Authority established under section 4.\nBuilding Act, for part 3 (Levy on building and construction work)—\nsee section 15.\nbuilding approval, for part 3 (Levy on building and construction\nwork)—see section 15.\nbuilding work, for part 3 (Levy on building and construction work)—\nsee section 15.\nchair means the chair of the governing board.\nNote The chair must be appointed under the Financial Management Act 1996,\ns 79.\ncouncil means the ACT Regional Building & Construction Industry\nTraining Council Incorporated.\nexempt work, for part 3 (Levy on building and construction work)—\nsee section 15.\n\nDictionary\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nfund means the fund established under section 23 (1).\ngoverning board means the governing board of the authority.\nlight rail—see the Road Transport (General) Act 1999, dictionary.\nowner, of land, for part 3 (Levy on building and construction work)—\nsee section 15.\nproject owner, for work, for part 3 (Levy on building and construction\nwork)—see section 15.\npublic authority, for part 3 (Levy on building and construction\nwork)—see section 15.\nqualified valuer, for part 3 (Levy on building and construction\nwork)—see section 15.\nrate of levy, for part 3 (Levy on building and construction work)—\nsee section 15.\ntraining levy means the levy payable under section 17.\ntraining plan means a training plan approved under section 25.\nvalue, of work, for part 3 (Levy on building and construction work)—\nsee section 15.\nwork means—\n(a) work mentioned in schedule 1; or\n(b) work prescribed by regulation.\n\nEndnotes\n1 About the endnotes\npage 26 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nBuilding and Construction Industry Training Levy Act 1999 A1999-30\nnotified 21 May 1999 (Gaz 1999 No S24)\ns 1, s 2 commenced 21 May 1999 (s 2 (1))\nremainder commenced 21 November 1999 (s 2 (3))\nas amended by\nBuilding and Construction Industry Training Levy Amendment Act\n1999 A1999-68\nnotified 3 December 1999 (Gaz 1999 No S62)\ns 1, s 2 commenced 3 December 1999 (IA s 10B)\ns 3 commenced 3 December 1999 (s 2 (1))\nremainder commenced 21 November 1999 (s 2 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 45\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 45 commenced 12 September 2001 (s 2 and see Gaz 2001 No 65)\nBuilding and Construction Industry Training Levy Amendment Act\n2001 A2001-93\nnotified 10 September 2001 (Gaz 2001 No S66)\nsch 1 commenced 12 September 2001 (s 2 (2))\nremainder commenced 10 September 2001 (s 2 (1))\nVocational Education and Training Act 2003 A2003-37 sch 2 pt 2.2\nnotified LR 8 September 2003\ns 1, s 2 commenced 8 September 2003 (LA s 75 (1))\nsch 2 pt 2.2 commenced 1 November 2003 (s 2)\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.2\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 3 pt 3.2 commenced 9 October 2003 (s 2 (1))\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 1 pt 1.1\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 1 pt 1.1 commenced 19 December 2003 (s 2)\n\nEndnotes\n3 Legislation history\npage 28 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.2\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.2 commenced 1 September 2004 (s 2 and see Construction\nOccupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.11\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.11 commenced 9 April 2004 (s 2 (1))\nFinancial Management Legislation Amendment Act 2005 A2005-52\nsch 1 pt 1.3\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 January 2006 (s 2 (2))\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.10\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.10 commenced 24 November 2005 (s 2)\nBuilding and Construction Industry Training Levy Amendment\nAct 2006 A2006-54\nnotified LR 30 November 2006\ns 1, s 2 commenced 30 November 2006 (LA s 75 (1))\nremainder commenced 1 December 2006 (s 2)\nTraining and Tertiary Education Legislation Amendment Act 2007\nA2007-12 sch 1 pt 1.4\nnotified LR 13 June 2007\ns 1, s 2 commenced 13 June 2007 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 July 2007 (s 2 and CN2007-3)\nBuilding Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.2\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.2 commenced 31 March 2008 (s 2 (1) and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\n\nEndnotes\nLegislation history 3\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.9\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.9 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.4\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.4 commenced 14 June 2013 (s 2)\nTraining and Tertiary Education Amendment Act 2014 A2014-48 sch 1\npt 1.3\nnotified LR 6 November 2014\ns 1, s 2 commenced 6 November 2014 (LA s 75 (1))\nsch 1 pt 1.3 commenced 20 November 2014 (s 2)\nBuilding (Loose-fill Asbestos Eradication) Legislation Amendment\nAct 2015 A2015-42 pt 3\nnotified LR 5 November 2015\ns 1, s 2 commenced 5 November 2015 (LA s 75 (1))\npt 3 commenced 13 November 2015 (s 2 (1) and CN2015-21)\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.2\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.2 commenced 15 August 2017 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.11, sch 4\npt 4.19\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.11, sch 4 pt 4.19 commenced 16 November 2025 (s 2 (1),\n(9))\n\nEndnotes\n4 Amendment history\npage 30 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nLong title\nLong title sub A2005-52 amdt 1.39\nName of Act\ns 1 sub A2001-93 amdt 1.1\nDictionary\ns 2 orig s 2 om R1 LRA (see also A2001-44 amdt 1.470)\nins A2001-93 amdt 1.1\nNotes\ns 3 hdg sub A1999-68 s 4 (a); A2001-93 amdt 1.3\ns 3 defs reloc to dict A2001-93 amdt 1.2\nsub A2001-93 amdt 1.3\nOffences against Act—application of Criminal Code etc\ns 3A ins A2005-54 amdt 1.63\nThe authority\npt 2 hdg sub A2005-52 amdt 1.40\nEstablishment and functions of authority\ndiv 2.1 hdg (prev pt 2 div 1 hdg) om A2001-93 amdt 1.4\nins A2005-52 amdt 1.40\nEstablishment of authority\ns 4 sub A2001-93 amdt 1.5; A2005-52 amdt 1.40\nFunctions of authority\ns 5 sub A2005-52 amdt 1.40\nGoverning board\ndiv 2.2 hdg ins A2005-52 amdt 1.40\nEstablishment of governing board\ns 6 om A2001-93 amdt 1.7\nins A2005-52 amdt 1.40\nam A2013-19 amdt 3.21\nGoverning board members\ns 7 am A2001-93 amdt 1.8; A2003-41 amdt 3.2\nsub A2005-52 amdt 1.40\nTerm of chief executive officer of authority\ns 7A ins A2005-52 amdt 1.40\nNo deputy chair\ns 7B ins A2005-52 amdt 1.40\n\nEndnotes\nAmendment history 4\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdministration of authority\ns 8 sub A2005-52 amdt 1.40\nDisclosure of interest\ns 9 am A2003-41 amdt 3.3\nom A2005-52 amdt 1.40\nResignation\ns 10 om A2001-93 amdt 1.9\nEnding of appointment\ns 11 hdg sub A2003-41 amdt 3.4\ns 11 am A2001-93 amdt 1.10; A2003-41 amdt 3.4\nom A2005-52 amdt 1.40\nActing appointments\ns 12 om A2001-93 amdt 1.11\nMeetings and procedures\ns 13 om A2005-52 amdt 1.40\nAdministration\ns 14 om A2005-52 amdt 1.40\nPreliminary\npt 3 div 1 hdg om A1999-68 s 5\nDefinitions for pt 3\ns 15 hdg sub A1999-68 s 6 (a)\ns 15 def Building Act ins A1999-68 s 6 (c)\nsub A2004-13 amdt 2.3\ndef building approval sub A1999-68 s 6 (b)\ndef building controller ins A1999-68 s 6 (c)\nom A2004-13 amdt 2.4\ndef building work ins A1999-68 s 6 (c)\nsub A2004-13 amdt 2.5\ndef exempt work sub A2001-93 amdt 1.12; A2006-54 s 4\nam A2007-26 amdt 1.85, amdt 1.86; A2009-20 amdt 3.23;\nA2025-29 amdt 3.38\nnote to def exempt work exp 12 September 2002 (s 15A (2))\ndef owner ins A1999-68 s 6 (c)\nam A2003-41 amdt 3.5\nsub A2004-13 amdt 2.6\ndef project owner sub A1999-68 s 6 (b); A2001-93 s 4;\nA2006-54 s 5\ndef public authority am A2003-41 amdt 3.6\ndef qualified valuer ins A2001-93 s 5\ndef value ins A1999-68 s 6 (c)\nam A2003-41 amdt 3.7\n\nEndnotes\n4 Amendment history\npage 32 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nExtended meaning of exempt work\ns 15A ins A2001-93 amdt 1.13\nexp 12 September 2002 (s 15A (2))\nLiability for training levy\npt 3 div 2 hdg om A1999-68 s 7\nTraining levy liability\ns 17 am A1999-68 s 8; A2004-13 amdt 2.7; A2005-52 amdt 1.41\nCalculation of training levy\ns 18 am A1999-68 s 9\nAssessment, payment and adjustment of training levy\npt 3 div 3 hdg om A1999-68 s 10\nAssessment of value of work\ns 19 sub A1999-68 s 10\nam A2001-44 amdt 1.471; A2001-93 s 6; A2005-52 amdt 1.41\nsub A2006-54 s 6\nam A2015-42 s 14, s 15; pars renum R21 LA\nPayment of levy\ns 20 sub A1999-68 s 10\nam A2001-93 amdt 1.14; A2005-54 amdt 1.64\nRefund of levy if work not carried out\ns 21 sub A1999-68 s 10; A2005-52 amdt 1.42\nAdjustment of levy\ns 22 sub A1999-68 s 10\nam A2003-41 amdt 3.8, amdt 3.9; A2005-52 amdt 1.43\nEstablishment and operation of fund\ns 23 am A1999-68 s 11; A2005-52 amdt 1.43\nApplication of fund\ns 24 am A1999-68 s 12; A2005-52 amdt 1.43\nApproval of training plans\ns 25 am A2001-44 amdt 1.472, amdt 1.473; A2005-52 amdt 1.43;\nA2013-19 amdt 3.22; A2025-29 amdt 4.19\nApplication of training plans\ns 27 am A2001-93 amdt 1.15; A2006-54 s 7\nFunding for training\ns 28 am A2003-37 amdt 2.5, amdt 2.6; A2005-52 amdt 1.43;\nA2007-12 amdt 1.7; A2014-48 amdt 1.6\n\nEndnotes\nAmendment history 4\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAppointment\ns 29 sub A2003-41 amdt 3.10\nam A2005-52 amdt 1.43\nIdentity cards\ns 30 sub A2005-54 amdt 1.65\n(5)-(7) exp 24 November 2005 (s 30 (7))\n(8), (9) exp 1 January 2006 (s 30 (9) (b))\nPowers of entry\ns 31 am A1999-68 s 13; A2003-41 amdt 3.11\nSearch warrants\ns 33 am A1999-68 s 14\nPowers of inspectors\ns 34 am A2004-15 amdt 2.26\nContravention of requirement by inspector\ns 35 am A2001-93 amdt 1.16; A2004-15 amdt 2.27\nsub A2005-54 amdt 1.66\nFalse or misleading information\ns 36 om A2004-15 amdt 2.28\nRegulation-making power\ns 37 sub A2001-44 amdt 1.474\nam A2025-29 amdt 4.19\nValidation\npt 8 hdg ins A2003-56 amdt 1.1\nexp 19 December 2003 (s 40)\nValidation of appointment of members of board\ns 38 ins A2001-93 s 7\nexp 10 September 2002 (s 38 (2))\nins A2003-56 amdt 1.1\nexp 19 December 2003 (s 40)\nExpiry of pt 8\ns 40 ins A2003-56 amdt 1.1\nexp 19 December 2003 (s 40)\nWork\nsch 1 hdg sub A2001-93 amdt 1.17\nsch 1 am A2001-93 s 8, s 9, amdt 1.17; A2004-13 amdt 2.8;\nA2017-21 amdt 1.3\n\nEndnotes\n4 Amendment history\npage 34 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict ins A2001-93 amdt 1.18\nam A2003-41 amdt 3.12\ndef authority ins A2005-52 amdt 1.44\nam A2013-19 amdt 3.23\ndef board reloc from s 3 A2001-93 amdt 1.2\nom A2005-52 amdt 1.44\ndef Building Act ins A2001-93 amdt 1.18\ndef building approval ins A2001-93 amdt 1.18\ndef building controller ins A2001-93 amdt 1.18\nom A2004-13 amdt 2.9\ndef building work ins A2001-93 amdt 1.18\ndef chair ins A2005-52 amdt 1.45\ndef chairperson reloc from s 3 A2001-93 amdt 1.2\nom A2005-52 amdt 1.45\ndef council reloc from s 3 A2001-93 amdt 1.2\ndef exempt work ins A2001-93 amdt 1.18\ndef fund reloc from s 3 A2001-93 amdt 1.2\ndef governing board ins A2005-52 amdt 1.46\ndef light rail ins A2017-21 amdt 1.4\ndef member reloc from s 3 A2001-93 amdt 1.2\nom A2005-52 amdt 1.47\ndef owner ins A2001-93 amdt 1.18\nsub A2003-41 amdt 3.13\ndef project owner ins A2001-93 amdt 1.18\nsub A2003-41 amdt 3.13\ndef public authority ins A2001-93 amdt 1.18\ndef qualified valuer ins A2003-41 amdt 3.14\ndef rate of levy ins A2001-93 amdt 1.18\ndef training levy reloc from s 3 A2001-93 amdt 1.2\ndef training plan reloc from s 3 A2001-93 amdt 1.2\ndef value ins A2001-93 amdt 1.18\nsub A2003-41 amdt 3.15\ndef work ins A2001-93 amdt 1.18\n\nEndnotes\nEarlier republications 5\nR23\n16/11/25\nBuilding and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1 (RI)\n10 Oct 2005\n21 Nov 1999–\n9 Sept 2001\nA1999-68 reissue of printed\nversion\namendments by\nA1999-68\nR2\n12 Sept 2001\n12 Sept 2001–\n10 Sept 2002\nA2001-93 amendments by\nA2001-44 and\nA2001-93\nR3\n11 Sept 2002\n11 Sept 2002–\n12 Sept 2002\nA2001-93 commenced expiry\nR4\n13 Sept 2002\n13 Sept 2002–\n8 Oct 2003\nA2001-93 commenced expiry\nR5\n9 Oct 2003\n9 Oct 2003–\n31 Oct 2003\nA2003-41 amendments by\nA2003-41\nR6\n1 Nov 2003\n1 Nov 2003–\n18 Dec 2003\nA2003-41 amendments by\nA2003-37\nR7\n19 Dec 2003\n19 Dec 2003–\n19 Dec 2003\nA2003-56 amendments by\nA2003-56\nR8\n20 Dec 2003\n20 Dec 2003–\n8 Apr 2004\nA2003-56 commenced expiry\nR9\n9 Apr 2004\n9 Apr 2004–\n31 Aug 2004\nA2004-15 amendments by\nA2004-15\nR10\n1 Sept 2004\n1 Sept 2004–\n23 Nov 2005\nA2004-15 amendments by\nA2004-13\nR11\n24 Nov 2005\n24 Nov 2005–\n24 Nov 2005\nA2005-54 amendments by\nA2005-54\n\nEndnotes\n5 Earlier republications\npage 36 Building and Construction Industry Training Levy\nAct 1999\nEffective: 16/11/25\nR23\n16/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR12\n25 Nov 2005\n25 Nov 2005–\n31 Dec 2005\nA2005-54 commenced expiry\nR13\n1 Jan 2006\n1 Jan 2006–\n1 Jan 2006\nA2005-54 amendments by\nA2005-52\nR14\n2 Jan 2006\n2 Jan 2006–\n30 Nov 2006\nA2005-54 commenced expiry\nR15\n1 Dec 2006\n1 Dec 2006–\n30 June 2007\nA2006-54 amendments by\nA2006-54\nR16\n1 July 2007\n1 July 2007–\n30 Mar 2008\nA2007-12 amendments by\nA2007-12\nR17*\n31 Mar 2008\n31 Mar 2008–\n21 Sept 2009\nA2007-26 amendments by\nA2007-26\nR18\n22 Sept 2009\n22 Sept 2009–\n13 June 2013\nA2009-20 amendments by\nA2009-20\nR19\n14 June 2014\n14 June 2014–\n19 Nov 2014\nA2013-19 amendments by\nA2013-19\nR20\n20 Nov 2014\n20 Nov 2014–\n12 Nov 2015\nA2014-48 amendments by\nA2014-48\nR21\n13 Nov 2015\n13 Nov 2015–\n14 Aug 2017\nA2015-42 amendments by\nA2015-42\nR22\n15 Aug 2017\n15 Aug 2017–\n15 Nov 2025\nA2017-21 amendments by\nA2017-21\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The statute remains focused on its original, narrow purpose: levying a small charge on construction work to fund industry training and establishing an authority and fund to administer that money (long title; ss 4–5; 16; 23–28). Amendments recorded in the history (including the 2025 changes) update definitions, administrative and regulatory details (for example, adjustments to exempt work definitions, governance provisions, and regulation‑making powers) but do not materially expand the Act’s scope beyond collecting a levy for training and applying it to Minister‑approved training priorities. The core design — levy on project owners, dedicated fund, Minister‑approved plans and authority administration — is unchanged."},"complexity_factors":["Relatively short Act (around 37 substantive sections plus schedule) with focused purpose (training levy and fund).","Approximately 20 defined terms in the dictionary that affect interpretation across Parts (eg authority, project owner, exempt work, value, building approval).","Cross‑references to multiple external Acts: Building Act 2004 (definition and fee base), Financial Management Act 1996 (governance), Legislation Act 2001 (interpretation and penalties), and the National VET Regulator Act 2011 (registered training organisations).","Conditional exemption logic in s 15 (exempt work) with multiple paragraphs and regulatory back‑stops.","Valuation procedures with dispute resolution via a qualified valuer and cost‑sharing of valuations (s 19) create conditional branching.","Timing and payment conditions (s 20) plus refund and adjustment mechanics (ss 21–22) add procedural steps and deadlines.","Governance rules with representational requirements (s 7) and administrative limits (eg no deputy chair s 7B) create prescriptive composition rules.","Inspector powers include consent entry, warranted entry, search warrants and evidentiary protections (ss 31–34) — multiple operational pathways for enforcement.","Training plan approval timing constraint (s 27(2)) introduces an annual procedural deadline.","Penalties and strict liability offences with interaction with the Criminal Code (s 3A) — requires actors to consider criminal principles and evidentiary rules."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a statutory authority (the Building and Construction Industry Training Fund Authority) to collect a training levy from building and construction projects and to hold and spend the proceeds through a dedicated fund (ss 4–5; 23–24).\n- Imposes a training levy of 0.2% of the assessed value of building and construction work (s 16). The levy is payable by the project owner (s 17) and must generally be paid before a building approval is issued or within 7 days of work starting where a building approval does not apply (s 20).\n- Sets out how the value of work is assessed (s 19), what types of work are in scope (schedule 1 and reg. power) and what work is exempt (s 15), and provides for refunds or adjustments if work does not proceed or the final value differs (ss 21–22).\n- Creates a fund made up of levy receipts and interest; the authority administers the fund and may make payments only for administration, repayments/refunds, certain agreed arrangements, and training approved under an approved training plan (ss 23–24, 28).\n- Allows the Minister, after consulting the ACT Regional Building & Construction Industry Training Council and the authority, to approve annual training plans identifying training priorities and estimated funding needs; those plans are the basis for the authority’s funding decisions (s 25–27).\n- Gives the authority power to appoint inspectors and equips inspectors with entry, inspection, document‑production and warrant powers to check levy compliance (ss 29–35). Some offences are strict‑liability, and failure to pay or to comply with inspector requests attracts penalties (see ss 20(2), 35). The Criminal Code principles apply to offences under the Act (s 3A).\n\nWho is directly affected\n\n- Project owners (the person on whose behalf work is done or the land owner) — they are legally liable to pay the levy and to provide documents/information when requested (s 17; ss 19–20; s 34).\n- Building and construction businesses, contractors and registered training organisations — contractors may face indirect cost pass‑through; registered training organisations are the only providers eligible for funded training (s 28(3)).\n- The Authority, its governing board and the Minister — they decide levy administration, fund allocation and approve training plans (ss 4–8; s 25).\n- Occupiers or persons in charge of sites — they must comply with inspectors’ lawful requests and may face penalties for non‑compliance (ss 31–35).\n\nWhy it matters (policy intent and operational effects)\n\n- Stated intent: to raise a small, dedicated revenue stream to finance vocational training needs in the building and construction industry (long title; ss 23–28).\n- Who pays and how behaviour changes: project owners must pay a levy (0.2% of project value) at a fixed administrative point (before building approval or shortly after start), creating an immediate cashflow requirement and an incentive to ensure valuation and approvals are timed and documented (ss 16, 20, 19).\n- Allocation decisions: the Minister (via approval of annual training plans after consultation) and the Authority control which training activities receive money; only training declared in regulations as \"approved training\" and delivered by Commonwealth‑recognised registered training organisations can be funded (ss 25, 28). This concentrates allocation choice in a small number of public bodies (s 25; s 28(3)).\n\nCosts, incentives and trade‑offs (practical implications for stakeholders)\n\n- Direct cost: the statutory levy is small (0.2%) but applies to the full assessed value of many kinds of construction activity listed in schedule 1. Project owners bear the legal cost (s 17); in practice that cost may be passed to developers, buyers or contractors through contract pricing.\n- Cashflow and compliance burden: the timing requirement to pay before building approval (or within 7 days of starting work if no approval applies) imposes an early cashflow hit and requires accurate valuation and record keeping (s 20). Inspections and document requests by inspectors (ss 31–35) increase record‑keeping and administrative compliance costs for project owners and site operators.\n- Allocation limits and incentive effects: fund money can only be spent on training identified in Minister‑approved plans and delivered by registered training organisations (ss 25, 28). This narrow eligibility channels public funding to formal VET providers and may exclude informal, on‑the‑job training unless captured by the approved plan and regulation.\n- Administrative concentration and governance incentives: the governing board (6 members with employer and employee representatives, plus a non‑voting CEO) and the Minister exercise significant control over oversight and plan approval (s 7; s 25). That structure concentrates decision rights over who benefits from the fund, which can create incentives for concentrated interest groups to influence plan content — the Act requires consultation with the council (s 25) but places final approval with the Minister.\n- Enforcement trade‑offs: inspectors have robust entry and search powers (ss 31–34) and requests for documents are backed by penalties for non‑compliance (s 35). The Act limits the use of compelled information in most prosecutions to protect against self‑incrimination, subject to exceptions in the Criminal Code (s 34(2); s 3A).\n\nImplementation risks and opportunity costs\n\n- If training plans are not approved in time, the previous year’s plan rolls forward (s 27(3)), which may lock in outdated priorities.\n- The fund’s use is ring‑fenced to approved priorities and formal training providers (ss 24, 28). That prevents diversion to other industry needs but also limits flexibility to respond rapidly to new training methods or providers unless regulations or plans are updated.\n\nConcrete references (key provisions)\n\n- Levy rate and payer: 0.2% paid by project owner (ss 16–17).\n- Value assessment and disputes: s 19 (qualified valuer where parties disagree); cost of valuation split equally (s 19(2)).\n- Payment timing and penalties: s 20 (payment before building approval or within 7 days), max penalty 50 penalty units for non‑compliance (s 20(2)).\n- Fund operation and permitted spending: ss 23–24; payments for training require Minister‑approved plans and must be to registered training organisations (s 28).\n- Governance: authority and governing board composition and limits (ss 4–8).\n- Inspectors’ powers and warrants: ss 29–35.\n\nBottom line (in one sentence)\n\nThe Act creates a small, mandatory construction levy (0.2% of project value) payable by project owners, establishes an authority and fund to collect and spend that revenue on Minister‑approved vocational training for the building and construction industry, and gives inspectors compliance and enforcement powers to ensure levy collection and record‑keeping (see ss 16–17; 23–28; 29–35)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of imposing a training levy on building work and administering the fund. While it has been amended 20+ times since 1999 (including updates for light rail, asbestos eradication, and Criminal Code harmonisation), these are technical updates and expansions of work types rather than mission creep. The core mechanism—levy collection and training fund administration—remains unchanged."},"complexity_factors":["Moderate cross-referencing with the Building Act 2004 and Financial Management Act 1996 for governance and definitions","Multiple valuation methods for determining levy amounts (building approval fees, agreed value, or qualified valuer assessment)","Conditional exemptions with 5 distinct categories in section 15 (exempt work)","Inspector powers include warrant procedures, consent protocols, and use/derivative use immunity provisions (section 34(2))","Training plan approval process involves Minister, Council, and Authority with specific timing requirements (section 27)","26 defined terms in the Dictionary, with some terms having part-specific definitions (Part 3 definitions in section 15)","Schedule 1 contains an enumerated list of 16 types of work covered, requiring consultation to determine scope"],"plain_english_summary":"The Act creates a Building and Construction Industry Training Fund Authority and imposes a 0.2% levy on most building and construction work in the ACT to finance vocational training. Project owners must pay the levy (with small jobs and some public work exempt), funds are held in a dedicated account, and approved training plans guide spending. The measure bankrolls industry-driven upskilling for ACT workers and employers."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/building-and-construction-industry-training-levy-act-1999","history":"/api/acts/building-and-construction-industry-training-levy-act-1999/history","analysis":"/api/acts/building-and-construction-industry-training-levy-act-1999/analysis","conflicts":"/api/acts/building-and-construction-industry-training-levy-act-1999/conflicts","importantCases":"/api/acts/building-and-construction-industry-training-levy-act-1999/important-cases","documents":"/api/acts/building-and-construction-industry-training-levy-act-1999/documents"}}