{"id":"construction-industry-long-service-leave-and-benefits-regulations-2005","name":"CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS REGULATIONS 2005","slug":"construction-industry-long-service-leave-and-benefits-regulations-2005","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174525,"registerId":"nt-construction-industry-long-service-leave-and-benefits-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"CONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS REGULATIONS 2005","content":"NORTHERN TERRITORY OF AUSTRALIA\nCONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS\nREGULATIONS 2005\nAs in force at 7 April 2014\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Imposition of levy ............................................................................. 1\n3 Prescribed percentage for levy ........................................................ 1\n4 Payment by instalments .................................................................. 1\n5 Interest payments ............................................................................ 2\n6 Review by Court .............................................................................. 2\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 7 April 2014\n____________________\nCONSTRUCTION INDUSTRY LONG SERVICE LEAVE AND BENEFITS\nREGULATIONS 2005\nRegulations under the Construction Industry Long Service Leave and\nBenefits Act 2005\n1 Citation\nThese Regulations may be cited as the Construction Industry Long\nService Leave and Benefits Regulations 2005.\n2 Imposition of levy\n(1) For section 32(1)(b)(ii) of the Act, for construction work started on\nor after 7 April 2014 the amount of $1 million is prescribed.\n(2) Section 32(2)(b) of the Act has effect, in so far as it relates to\nconstruction work for a Class 10 building under the Building Code\nof Australia, so that the levy is imposed on so much of construction\nwork as is not for a Class 10(a) building.\n3 Prescribed percentage for levy\nFor section 33 of the Act, the prescribed percentage is as follows:\n(a) for construction work started before 1 July 2009 (including\nwork carried out after that date) – 0.5%;\n(b) for construction work started on or after 1 July 2009 but before\n1 April 2012 (including work carried out after that date) –\n0.4%;\n(c) for construction work started on or after 1 April 2012 but\nbefore 7 April 2014 (including work carried out after that\ndate) – 0.3%;\n(d) for construction work started on or after 7 April 2014 – 0.1%.\n4 Payment by instalments\nFor section 44(1)(a) of the Act, the amount of $10 000 is\nprescribed.\n\nConstruction Industry Long Service Leave and Benefits Regulations 2005 2\n5 Interest payments\nFor section 45(1) of the Act, the rate is 2 percentage points above\nthe Reserve Bank of Australia daily cash rate.\n6 Review by Court\nFor section 85(2)(b) of the Act, the specified period is 60 days after\nthe application under section 84 of the Act is made.\n\nENDNOTES\nConstruction Industry Long Service Leave and Benefits Regulations 2005 3\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nConstruction Industry Long Service Leave and Benefits Regulations (SL No. 15, 2005)\nNotified 31 May 2005\nCommenced 1 July 2005 (s 2 Construction Industry Long Service Leave\nand Benefits Act 2005 (Act No. 9, 2005), Gaz S15,\n9 May 2005 and s 8(2)(a) Interpretation Act)\nConstruction Industry Long Service Leave and Benefits Amendment Regulations 2009\n(SL No. 15, 2009)\nNotified 26 June 2009\nCommenced r 5: 1 July 2011; rem: 1 July 2009 (r 2) ( rr 2 and 5: rep SL\nNo. 28, 2011)\nAmending Legislation\nConstruction Industry Long Service Leave and Benefits Legislation\nAmendment Regulations 2011 (SL No. 28, 2011)\nNotified 15 June 2011\nCommenced 15 June 2011\nConstruction Industry Long Service Leave and Benefits Legislation Amendment\nRegulations 2011 (SL No. 28, 2011)\nNotified 15 June 2011\nCommenced 15 June 2011\nConstruction Industry Long Service Leave and Benefits Legislation Amendment\nRegulations 2012 (SL No. 38, 2012)\nNotified 3 August 2012\nCommenced 3 August 2012\nConstruction Industry Long Service Leave and Benefits Legislation Amendment\nRegulations 2014 (SL No. 8, 2014)\nNotified 7 April 2014\nCommenced 7 April 2014\n\nENDNOTES\nConstruction Industry Long Service Leave and Benefits Regulations 2005 4\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: r 1.\n4 LIST OF AMENDMENTS\nr 2 amd No. 8, 2014, r 3\nr 3 amd No. 15, 2009, r 4\nsub No. 38, 2012, r 3\namd No. 8, 2014, r 4\nr 7 ins No. 15, 2009, r 6\namd No. 28, 2011, r 3\nrep No. 38, 2012, r 4","sortOrder":0}],"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":4,"scope_assessment":{"changed":false,"description":"Based on the limited information available, there is no evidence that the scope of these regulations has changed from the original intent of supporting the parent Construction Industry Long Service Leave and Benefits Act. The regulations appear to remain focused on their original purpose of administering portable long service leave entitlements for construction workers."},"complexity_factors":["Regulations are secondary legislation that must be read alongside the parent Act, requiring cross-referencing between two instruments","Industry-specific portable leave scheme involves multiple parties (workers, employers, administrators) with different obligations","Levy and contribution calculations can involve technical formulas and thresholds","Definitions of 'construction work' and eligible workers can have grey areas affecting entitlement","Limited legislative text was provided, making full complexity assessment difficult — score may understate true complexity"],"plain_english_summary":"These regulations implement a portable long service leave scheme for the construction industry, setting how workers accrue, claim and receive long service leave across multiple employers and worksites. They govern who and what counts, employer levy and administrative arrangements, and how benefits are paid.\n\nThey affect construction workers, employers and industry bodies. By recognising industry mobility, the rules ensure workers can secure leave entitlements they would otherwise lose in a project‑based workforce."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Regulations modify the scope and burden of the levy over time by prescribing the monetary threshold and a schedule of decreasing levy percentages tied to project start dates (r 2(1); r 3(a)–(d)). They also limit the taxable base for certain Class 10 work (r 2(2)), set an instalment floor ($10,000) (r 4), fix an interest formula (r 5) and prescribe a 60‑day Court review window (r 6). The instrument has been amended repeatedly (see Endnotes), reducing percentage rates and adjusting thresholds, which narrows the levy take and shifts administrative burdens to payers and the collecting agency."},"complexity_factors":["Cross-references to the Act for triggering and calculation rules (regs 2–6 rely on multiple Act sections)","Date-based tiered levy percentages requiring correct determination of each project's start date (r 3(a)–(d))","Monetary thresholds and exclusions (prescribed $1,000,000 threshold and Class 10(a) exclusion) that affect scope of application (r 2(1)–(2))","Variable interest rate tied to the Reserve Bank daily cash rate plus 2 percentage points (r 5) — requires ongoing indexation","Payment-administration rule for instalments ($10,000 threshold) that interacts with collection and cashflow processes (r 4)","Specified 60-day Court review period for applications (r 6) which creates strict procedural timing"],"plain_english_summary":"These Regulations set the dollar and percentage rules for the construction-industry long service leave levy: they fix when a project becomes liable, give tiered levy rates by project start date, and set rules for instalment payments, interest on late payments and the time limit for Court review.\n\nThey affect employers, developers and contractors who must calculate and pay the levy, and the agency that collects it, changing the cash cost and administrative steps needed to determine start dates, building class and payment timing."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose: setting the administrative and financial mechanics (levy rates, thresholds, payment terms) for the construction industry long service leave scheme. The amendments over time have adjusted the levy rates downward and updated the construction cost threshold, but these are parametric changes rather than scope expansion. The Regulations have not acquired new subject matters or regulatory functions beyond the original scheme's funding mechanism."},"complexity_factors":["Only 6 substantive regulations (r 1-6), with 3 of those being simple prescription of dollar amounts or percentages","Minimal cross-referencing — only references back to specific sections of the parent Act (sections 32, 33, 44, 45, 84, 85)","No defined terms section — relies entirely on definitions in the parent Act and incorporated documents (Building Code of Australia)","Simple temporal structure with clear cut-off dates for different levy rates","Single nested condition in r 2(2) regarding Class 10 buildings","No exceptions to exceptions or complex conditional logic"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set the practical details for how the Northern Territory funds its construction industry long service leave scheme. They work alongside the main Act (the Construction Industry Long Service Leave and Benefits Act 2005) to specify:\n\n* **Who pays:** Construction companies doing large projects (over $1 million for work started on or after 7 April 2014).\n* **How much:** A percentage levy on construction costs that has dropped over time — from 0.5% down to 0.1% for work started on or after 7 April 2014.\n* **Exceptions:** Certain small structures (Class 10(a) buildings — typically small sheds, carports, or similar minor structures) are exempt from the levy even if they're part of a larger project.\n* **Payment terms:** Companies can pay in instalments if the levy is $10,000 or more.\n* **Late payment costs:** Interest on overdue amounts is set at 2% above the Reserve Bank's cash rate.\n* **Dispute deadlines:** Workers or employers have 60 days to appeal certain decisions to court.\n\n**Who it affects:**\n\n* Construction companies operating in the NT with projects over the threshold.\n* Construction workers who benefit from the long service leave fund.\n* The NT Construction Industry Long Service Leave and Benefits Board (which administers the scheme).\n\n**Why it matters:**\n\nLong service leave is a significant employment benefit in Australia — typically 2 months paid leave after 10 years with one employer. But construction workers often change employers frequently. This scheme pools money from all construction work so workers can access their long service leave entitlements even when they move between jobs. These Regulations determine exactly how much money goes into that pool and under what conditions."}},"importantCases":[],"_links":{"self":"/api/acts/construction-industry-long-service-leave-and-benefits-regulations-2005","history":"/api/acts/construction-industry-long-service-leave-and-benefits-regulations-2005/history","analysis":"/api/acts/construction-industry-long-service-leave-and-benefits-regulations-2005/analysis","conflicts":"/api/acts/construction-industry-long-service-leave-and-benefits-regulations-2005/conflicts","importantCases":"/api/acts/construction-industry-long-service-leave-and-benefits-regulations-2005/important-cases","documents":"/api/acts/construction-industry-long-service-leave-and-benefits-regulations-2005/documents"}}