{"id":"construction-industry-training-fund-act-1993","name":"Construction Industry Training Fund Act 1993","slug":"construction-industry-training-fund-act-1993","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31818,"registerId":"sa-construction-industry-training-fund-act-1993-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Construction Industry Training Fund Act 1993","content":"South Australia\nConstruction Industry Training Fund Act 1993\nAn Act to establish a fund to be used to improve the quality of training in the building and construction industry; to establish the Construction Industry Training Board to administer the fund and to co-ordinate appropriate training; to provide for the imposition and collection of a levy for the purposes of the fund; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n3A\tObjects\nPart 2—The Construction Industry Training Board\n4\tConstitution of the Board\n5\tComposition of the Board\n6\tImmunity of members\n7\tProcedures of the Board\n8\tDisclosure of interest\n9\tMembers' duties of honesty, care and diligence etc\n10\tAllowances and expenses\nPart 3—Operations of the Board\nDivision 1—Functions and powers\n11\tFunctions\n12\tPowers of the Board\n13\tCommittees\n14\tDelegations\n15\tCommon seal and execution of documents\nDivision 2—Accounts, audits and reports\n16\tAccounts and audit\n17\tAnnual report\n17A\tReports to Minister\nDivision 3—Administration\n18\tStaff and resources\n19\tCollection agencies\nPart 4—Levies\n20\tImposition of levy\n21\tRate of levy\n22\tEstimated value of building or construction work\n23\tExemptions\n24\tLiability of project owner to pay levy\n25\tPenalties for late payment of levy\n26\tNotice of variation\n27\tAdjustment of amount paid\n28\tCancellation of project\n29\tRecovery of levy etc\n30\tOffence to provide false information\nPart 5—The Construction Industry Training Fund\n31\tConstruction Industry Training Fund\n31A\tMinister may present Board with statement of priorities\nPart 6—Training Plan\n32\tTraining Plan\nPart 7—Miscellaneous\n32A\tBoard may conduct activities under other name\n33\tAuthorised officers\n34\tPowers of entry and inspection\n35\tContracts to evade levy void\n36\tProsecution\n37\tRegulations\n38\tReview of Act\nSchedule 1—Building or construction work under the Act\n1\tBuilding or construction work\n2\tExclusions\n3\tDefinitions\nSchedule 1A—Value of building or construction work\n1\tEstimated value\n2\tFixtures etc\nSchedule 4—Public accountability of Board\n1\tPowers of Minister\n2\tNotice or proposal\n3\tAppointment and powers of administrator\n4\tExpenses of administration\n5\tLiability for losses incurred during administration\n6\tTermination of administration\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Construction Industry Training Fund Act 1993.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nagricultural land means land wholly or mainly used for agricultural or horticultural purposes, animal husbandry, or other similar purposes;\nthe Board means the Construction Industry Training Board constituted under this Act;\nbuilding approval in respect of building or construction work, means building consent under section 102(1)(b) of the Planning, Development and Infrastructure Act 2016;\nbuilding or construction work—see Schedule 1;\ncollection agency means a person or body appointed under section 19;\nthe Fund means the Construction Industry Training Fund established under Part 5;\ngovernment authority means—\n\t(a)\tthe Crown; or\n\t(b)\tan agency or instrumentality of the Crown; or\n\t(c)\ta local council; or\n\t(d)\ta body, or body of a prescribed class, prescribed by regulation for the purposes of this definition;\nlocal council means a council under the Local Government Act 1999 and includes a subsidiary of a council under that Act;\nproject owner in respect of building and construction work, means—\n\t(a)\tin the case of a government project—the government authority responsible for delivering the project; or\n\t(b)\tin any other case—\n\t(i)\tthe person or body (other than an employee) engaged to deliver (including through the use of one or more subcontractors) all, or substantially all, of the construction project; or\n\t(ii)\tif at the time the levy under Part 4 is payable no such person or body has been engaged to deliver all, or substantially all, of the project—the person for whose direct benefit the building or construction work exists on its completion;\nTraining Plan means the Training Plan prepared by the Board under section 32, as in force from time to time.\n\t(2)\tThe following constitute sectors of the building and construction industry for the purposes of this Act:\n\t(a)\tthe housing sector;\n\t(b)\tthe commercial sector;\n\t(c)\tthe civil sector;\n\t(d)\tsuch other sectors (if any) as the regulations may prescribe.\n\t(3)\tA sector will be constituted by such parts of the building and construction industry as the regulations may prescribe.\n3A—Objects\nThe objects of this Act include to—\n\t(a)\tpromote industry supported access to training opportunities for people entering the building and construction industry; and\n\t(b)\tsupport high quality training that improves the skills level of the building and construction workforce, and responds to changing industry practices; and\n\t(c)\tencourage innovative training options that flexibly meet the needs of the building and construction workforce and industry; and\n\t(d)\tensure the Fund is appropriately administered and an appropriate focus on awareness of, and compliance with, levy payment obligations is maintained; and\n\t(e)\timprove access to training for groups under represented in the building and construction industry, including women, Aboriginal and Torres Strait Islanders and adult workers; and\n\t(f)\tpromote the use of evidence and data to inform decisions around funding, research and education; and\n\t(g)\tprovide relevant and timely advice to the Minister on skills shortages and the building and construction workforce supply requirements of the State.\nPart 2—The Construction Industry Training Board\n4—Constitution of the Board\n\t(1)\tThe Construction Industry Training Board continues in existence.\nNote—\nSee also section 32A.\n\t(2)\tThe Board—\n\t(a)\tis a body corporate with perpetual succession and a common seal; and\n\t(b)\tis capable of suing and being sued in its corporate name; and\n\t(c)\thas the functions and powers assigned or conferred by or under this Act.\n\t(3)\tThe Board is not part of the Crown, nor is it an agency or instrumentality of the Crown.\n\t(4)\tOn the commencement of this Act, the incorporation of the Construction Industry Training Council (S.A.) Incorporated under the Associations Incorporation Act 1985 is terminated.\n\t(5)\tA reference in an instrument to the Construction Industry Training Council (S.A.) Incorporated will, where the context admits, be construed as a reference to the Board.\n5—Composition of the Board\n\t(1)\tSubject to this section, the Board consists of up to 12 members appointed by the Governor on the nomination of the Minister, who collectively have skills, knowledge and experience that the Minister considers appropriate to enable the members to carry out the functions of the Board, of whom—\n\t(a)\t4 persons are appointed to represent the interests of employers in the building and construction industry; and\n\t(b)\t4 persons are appointed to represent the interests of employees in the building and construction industry.\n\t(1aaa)\tAn employee or officer of an organisation, or of a branch or division of an organisation, must not be appointed as a member, or as a deputy of a member, of the Board while that organisation, branch or division (as the case requires) is under administration pursuant to the Fair Work (Registered Organisations) Act 2009 of the Commonwealth in respect of its operations in the State.\n\t(1aa)\tBefore nominating a person referred to in subsection (1)(a) and (b), the Minister must—\n\t(a)\tconsult with the bodies prescribed by the regulations for the purposes of nominations of the relevant kind; and\n\t(b)\tcomply with any other requirements set out by the regulations.\n\t(1ab)\tA person nominated by the Minister for the purposes of subsection (1) (other than for the purposes of subsection (1)(a) or (b)) must, in the opinion of the Minister, be independent of the building and construction industry.\n\t(1a)\tThe Governor must appoint 1 of the members (not being a member of a kind referred to in subsection (1)(a) or (b)) to be the presiding member of the Board.\n\t(1b)\tThe Minister must, before nominating a person for appointment to the Board under subsection (1), consult with the presiding member of the Board (unless the office of presiding member is vacant).\n\t(1c)\tThe Minister must, in making nominations for appointment to the Board (other than for the purposes of subsection (1)(a) or (b)), seek to ensure that the membership of the Board comprises persons who together have the knowledge, skills and experience necessary to enable the Board to carry out its functions effectively.\n\t(1d)\tThe Minister must, before nominating a person for appointment as a member of the Board (other than as a nomination for the purposes of subsection (1)(a) or (b), or to fill a casual vacancy on the Board), call for expressions of interest under a scheme determined by the Minister for the purposes of this subsection.\n\t(1e)\tHowever, the Minister need not comply with subsection (1d) in relation to the nomination of a person for appointment if—\n\t(a)\tthe Minister has previously called for expressions of interest in relation to the appointment of a member of the Board of the relevant kind; and\n\t(b)\tthe person nominated expressed interest in relation to such an appointment.\n\t(2)\tA member of the Board is to be appointed for a term (not exceeding three years) specified in the instrument of appointment and is, on the expiration of a term of office, eligible for reappointment.\n\t(3)\tThe Governor may, on the nomination of the Minister, appoint a suitable person as a deputy of a member of the Board, and the deputy may act as a member of the Board in the absence of that member (however, a person cannot be appointed as a deputy of both a member referred to in subsection (1)(a) and a member referred to in subsection (1)(b)).\n\t(3a)\tTo avoid doubt, nothing prevents a person from being the deputy of more than 1 member of the Board.\n\t(4)\tWithout derogating from the other provisions of this Act, the Governor may remove a member of the Board from office for—\n\t(a)\tmisconduct; or\n\t(b)\tincapacity to carry out satisfactorily duties of office; or\n\t(c)\tfailure to carry out satisfactorily duties of office.\n\t(5)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence; or\n\t(e)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(ea)\tis, or becomes, an employee or officer of an organisation, or of a branch or division of an organisation, while that organisation, branch or division (as the case requires) is under administration pursuant to the Fair Work (Registered Organisations) Act 2009 of the Commonwealth in respect of its operations in the State; or\n\t(f)\tis removed from office by the Governor.\n\t(5a)\tThe appointment of a person as a deputy of a member is, by force of this subsection, revoked if the person is, or becomes, an employee or officer of an organisation, or of a branch or division of an organisation, while that organisation, branch or division (as the case requires) is under administration pursuant to the Fair Work (Registered Organisations) Act 2009 of the Commonwealth in respect of its operations in the State.\n\t(6)\tOn the office of a member becoming vacant, a person may be appointed in accordance with this section to the vacant office.\n\t(6a)\tHowever, if—\n\t(a)\tthe office of a member of the Board becomes vacant before the expiry of the term of appointment specified in the member's instrument of appointment; and\n\t(b)\ta person had been appointed to be the deputy of that member,\nthe person who had been appointed to be the deputy of the member may act as a member of the Board in respect of the vacant office—\n\t(c)\tfor the balance of the term of appointment referred to in paragraph (a); or\n\t(d)\tuntil a person is appointed to the vacant office under this section,\nwhichever first occurs (and a reference in this Act to a member of the Board will be taken to include, unless the contrary intention appears, a reference to a person acting as a member under this subsection).\n\t(7)\tAn act of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n6—Immunity of members\n\t(1)\tA member of the Board incurs no liability for anything done honestly and with reasonable care and diligence in the performance or purported performance of functions or duties under this Act.\n\t(2)\tAny liability that would, but for this section, attach to a member attaches instead to the Board.\n7—Procedures of the Board\n\t(1)\tA quorum of the Board consists of one half of the members of the Board (ignoring any fraction resulting from the division) plus 1.\n\t(2)\tThe presiding member of the Board will preside at meetings of the Board or, in the absence of that member, a member chosen by those present will preside.\n\t(3)\tA decision supported by the majority of the votes cast by members present at a meeting of the Board is a decision of the Board.\n\t(4)\tEach member present at a meeting of the Board has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(6)\tA person nominated by the Minister may attend any meeting of the Board (however the person is not a member of the Board, is not entitled to vote on any question before the Board and cannot otherwise compromise the independence of the Board).\n\t(8)\tThe Board must have accurate minutes kept of its proceedings.\n\t(9)\tSubject to this Act, the Board may determine its own proceedings.\n8—Disclosure of interest\n\t(1)\tA member of the Board who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Board—\n\t(a)\tmust disclose the nature of the interest to the Board; and\n\t(b)\tmust not take part in any deliberations or decisions of the Board on the matter.\nMaximum penalty: $10 000.\n\t(1a)\tA member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with the construction industry generally, or a substantial section of those engaged in or associated with the construction industry.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) to prove that the defendant was not, at the time of the alleged offence, aware of their interest in the matter.\n\t(3)\tA disclosure under this section must be recorded in the minutes of the Board.\n\t(4)\tIf a member makes a disclosure of interest in respect of a contract or proposed contract—\n\t(a)\tthe contract is not liable to be avoided by the Board on the ground of the fiduciary relationship between the member and the Board; and\n\t(b)\tthe member is not liable to account to the Board for profits derived from the contract.\n9—Members' duties of honesty, care and diligence etc\n\t(1)\tA member of the Board must at all times act honestly in the performance of the functions of their office, whether within or outside the State.\nMaximum penalty: $10 000.\n\t(2)\tA member of the Board must at all times exercise a reasonable degree of care and diligence in the performance of their functions, whether within or outside the State.\nMaximum penalty: $10 000.\n\t(3)\tA member or former member of the Board must not, whether within or outside the State, make improper use of information acquired by virtue of their position as such a member to gain, directly or indirectly, an advantage for themself or for any other person or to cause detriment to the Board.\nMaximum penalty: $20 000.\n\t(4)\tA member of the Board must not, whether within or outside the State, make improper use of their position as a member to gain, directly or indirectly, an advantage for themself or for any other person or to cause detriment to the Board.\nMaximum penalty: $20 000.\n\t(5)\tThis section has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does not prevent the institution of any criminal or civil proceedings in respect of such a liability.\n\t(6)\tFor the purposes of section 6, a person will not be taken to have acted honestly if the act constituted or involved contravention by the person of subsection (3) or (4) of this section.\n10—Allowances and expenses\n\t(1)\tA member of the Board is entitled to receive—\n\t(a)\treimbursement of expenses reasonably incurred by the member in the performance of their functions under the Act; and\n\t(b)\tsuch remuneration and allowances as may be approved by the Minister.\n\t(2)\tThe allowances and expenses received by each member of the Board under subsection (1) must—\n\t(a)\tbe included in the annual report of the Board prepared under section 17; and\n\t(b)\tbe published on a website maintained by the Board to which the public has access free of charge.\nPart 3—Operations of the Board\nDivision 1—Functions and powers\n11—Functions\nThe functions of the Board are—\n\t(a)\tto act as a principal adviser to the Minister and the Minister for Employment, Education and Training of the Commonwealth on any matter relating to training in the building and construction industry and in particular to provide advice in relation to—\n\t(i)\tskill requirements for the building and construction industry and the training arrangements to meet those requirements; and\n\t(ii)\tpre-employment and training programmes; and\n\t(iii)\tany other matter referred to the Board for advice by either of those Ministers;\n\t(b)\tto administer the Construction Industry Training Fund;\n\t(ba)\tto oversee revenue collection for the Fund (including by ensuring compliance with the levy scheme);\n\t(c)\tto prepare the Training Plan in accordance with this Act;\n\t(d)\tgenerally to co-ordinate training and personnel development within the building and construction industry;\n\t(e)\tto promote increased productivity, career opportunities, personal satisfaction and occupational health and safety within the building and construction industry through training;\n\t(f)\tto review and evaluate employment related training programmes to ensure that they meet the training and skill requirements of the building and construction industry, and to support appropriate training programmes in the building and construction industry;\n\t(g)\tto ensure a more equitable distribution of effort amongst employers in relation to employment related training in the building and construction industry;\n\t(h)\tto initiate, carry out, support or promote research into the training and personnel needs of the building and construction industry and to develop and implement policies, plans and programmes to meet those needs;\n\t(i)\tto liaise with educational, professional and training bodies (in either the public or private sectors) in relation to training and personnel development within the building and construction industry;\n\t(j)\tto promote, undertake or support programmes designed to facilitate the international exchange of information relevant to training or personnel development within the building and construction industry;\n\t(k)\tto perform any functions that are necessary or convenient for or incidental to the performance of functions referred to above.\n12—Powers of the Board\nSubject to any limitation imposed by or under this Act, the Board has all the powers of a natural person.\n13—Committees\n\t(1)\tFor the purposes, or in the course, of performing its functions, the Board may establish such committees (which may, but need not, consist of or include members of the Board) as the Board thinks fit.\n\t(2)\tThe Board must establish and maintain a committee in relation to each sector of the building and construction industry.\n\t(3)\tThe functions of a committee established under subsection (2) are—\n\t(a)\tto represent the interests of its particular sector in relation to the management of the Fund; and\n\t(aa)\tto make representations to the Board in relation to the Training Plan; and\n\t(b)\tto advise the Board on the allocation of money from the Fund for the benefit of its particular sector; and\n\t(c)\tto advise the Board on any other matter relevant to its particular sector; and\n\t(d)\tto carry out other functions determined by the Board.\n\t(3a)\tThe Board must establish and maintain a cross-sector planning committee.\n\t(3b)\tThe functions of the committee established under subsection (3a) are—\n\t(a)\tto advise the Board on issues and trends that affect the building and construction industry as a whole; and\n\t(b)\tto advise the Board on the allocation of money from the Fund for the benefit of a section of the building and construction workforce, or the building and construction workforce as a whole; and\n\t(c)\tto represent the interests of professions and small businesses that provide important inputs to the building and construction industry; and\n\t(d)\tto make representations to the Board in relation to the Training Plan; and\n\t(e)\tto carry out other functions determined by the Board.\n\t(4)\tSubject to the regulations, a member of a committee holds office at the pleasure of the Board.\n\t(5)\tA member of a Committee is entitled to receive reimbursement, allowances and expenses approved by the Minister.\n\t(6)\tThe allowances and expenses received by each committee member under subsection (5) must—\n\t(a)\tbe included in the annual report of the Board prepared under section 17; and\n\t(b)\tbe published on a website maintained by the Board to which the public has access free of charge.\n14—Delegations\n\t(1)\tThe Board may delegate any of the Board's functions or powers under this Act—\n\t(a)\tto a committee of the Board; or\n\t(b)\tto a particular individual.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the Board to act in any matter; and\n\t(c)\tis revocable at will by the Board.\n\t(3)\tIn any legal proceedings an apparently genuine certificate, purportedly signed by a member of the Board, containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.\n\t(4)\tThe Board must ensure that a list of the delegations that it makes in a particular calendar year is included in its annual report for that year.\n15—Common seal and execution of documents\n\t(1)\tA document is duly executed by the Board if—\n\t(a)\tthe common seal of the Board is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Board by a person or persons in accordance with authority conferred under this section.\n\t(2)\tThe common seal of the Board must not be affixed to a document except in pursuance of a decision of the Board, and the affixing of the seal must be attested by the signatures of two members of the Board.\n\t(3)\tThe Board may, by instrument under its common seal, authorise a member of the Board, an officer of the Board (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Board subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(4)\tWithout limiting subsection (3), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the Board.\nDivision 2—Accounts, audits and reports\n16—Accounts and audit\n\t(1)\tThe Board must cause proper accounts to be kept of its financial affairs.\n\t(2)\tThe Auditor-General may at anytime, and must at least once in every year, audit the accounts of the Board.\n17—Annual report\n\t(1)\tThe Board must, on or before 31 March in each year, prepare a report on its activities during the preceding calendar year.\n\t(2)\tA report under this section must incorporate the audited financial statements of the Board for the calendar year to which the report relates.\n\t(3)\tThe Board must cause a copy of the report to be presented to the Minister within seven days after the report is completed.\n\t(4)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament.\n17A—Reports to Minister\nIf the Minister requests the Board, by written notice, to provide the Minister with a report relating to any matter relevant to the operation of the Board and this Act specified in the notice, the Board must comply with the request and provide a report to the Minister within the period stated in the notice.\nDivision 3—Administration\n18—Staff and resources\n\t(1)\tThe staff of the Board are not public service employees.\n\t(2)\tThe Board may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit it considers necessary for the administration of this Act.\n19—Collection agencies\n\t(1)\tThe Board may appoint such persons or bodies to be collection agencies for the purposes of this Act as the Board thinks fit.\n\t(2)\tAny levy collected by a collection agency must be paid to the Board in accordance with instructions issued by the Board.\n\t(3)\tA collection agency is entitled to receive from the Board the remuneration agreed between the Board and the agency for carrying out the agency's functions under this Act.\nPart 4—Levies\n20—Imposition of levy\n\t(1)\tSubject to this Act, a levy is imposed in respect of any building or construction work which commences after the commencement of this Act.\n21—Rate of levy\n\t(1)\tThe rate of the levy is 0.25 per cent of the estimated value of building or construction work, or such other percentage not exceeding 0.5 per cent of that value as the regulations may prescribe.\n\t(2)\tA regulation must not be made for the purposes of subsection (1) except on a recommendation of the Board.\n22—Estimated value of building or construction work\nThe estimated value of building or construction work will be determined in accordance with Schedule 1A.\n23—Exemptions\n\t(1)\tThe levy is not payable in respect of building or construction work if the estimated value of the work does not exceed the amount prescribed by the regulations.\n\t(2)\tThe Board must, at least once in each 3 year period following the commencement of section 17 of the Construction Industry Training Fund (Miscellaneous) Amendment Act 2024, review the amount referred to in subsection (1) and may, following a review, recommend to the Minister that the amount be adjusted.\n\t(4)\tWhere—\n\t(a)\tbuilding or construction work is to be carried out on agricultural land; and\n\t(b)\tsome or all of the work is to be carried out by the owner of the land, or by a person who will not be employed or engaged for remuneration to perform any part of the work; and\n\t(c)\tthe owner of the land applies for the benefit of this provision in accordance with the regulations,\nthe estimated value of the building or construction work will, for the purposes of the calculation and imposition of the levy, be taken to be as follows:\n\nWhere\nEV is the estimated value\nV is the value that would apply for the purposes of the calculation and imposition of the levy except for this subsection\nA is a reasonable estimation of that proportion of the building or construction work that is attributable to the work carried out by the owner of the land, or by a person who will not be employed or engaged for remuneration to perform any part of the work, expressed as a percentage of the total amount of building or construction work to be carried out.\n\t(5)\tFor the purposes of subsection (4)—\nowner of land includes a person who holds land from the Crown by lease or licence.\n24—Liability of project owner to pay levy\n\t(1)\tThe project owner in respect of any building or construction work is liable to pay the levy on that building or construction work.\n\t(2)\tThe project owner must pay the levy to the Board or a collection agency—\n\t(a)\tbefore obtaining building approval for the relevant building or construction work; or\n\t(b)\tif no building approval is required, before commencing that building or construction work.\nMaximum penalty: $5 000 plus twice the amount of levy required to be paid.\n\t(3)\tWhere building or construction work is to be assessed by a relevant authority, the authority must not approve the work unless satisfied—\n\t(a)\tthat the appropriate levy has been paid; or\n\t(b)\tthat no levy is payable.\n\t(4)\tNotwithstanding subsections (2) and (3), if—\n\t(a)\tbuilding or construction work is to be carried out for or on behalf of a government authority by a person or body other than—\n\t(i)\tan officer or employee of a government authority; or\n\t(ii)\tanother government authority; and\n\t(b)\tbuilding approval is required for the relevant work but at the time that the building approval is sought the government authority has not engaged the person or body to carry out that work,\nthen—\n\t(c)\tthe building approval may be granted without payment of the levy; but\n\t(d)\tthe person or body engaged to carry out the building or construction work must pay the levy before the commencement of the work.\nMaximum penalty: $5 000 plus twice the amount of levy required to be paid.\n\t(5)\tIt will be taken to be a condition of any contract for the performance of building or construction work where the work is to be carried out for or on behalf of a government authority by a person or body other than—\n\t(a)\tan officer or employee of a government authority; or\n\t(b)\tanother government authority,\nthat the person or body will pay any levy due under this Act in accordance with this section.\n\t(6)\tDespite a preceding subsection, the Board may, by notice to a particular project owner or by notice in the Gazette—\n\t(a)\tdetermine that a requirement of this section will not apply to a particular project owner, or to project owners of a particular class; and\n\t(b)\tdetermine that a levy may be paid in monthly instalments, or in other periodical instalments determined by the Board, in accordance with a scheme established by the Board.\n\t(7)\tThe Board may, by subsequent notice, vary or revoke a determination under subsection (6).\n\t(8)\tA person must not contravene a determination under subsection (6)(b).\nMaximum penalty: $5 000 plus twice the amount of levy required to be paid under the determination.\n\t(9)\tIn this section—\nrelevant authority has the same meaning as in the Planning, Development and Infrastructure Act 2016, but does not include a subsidiary of a council under the Local Government Act 1999.\n25—Penalties for late payment of levy\n\t(1)\tIf a project owner fails to pay any levy due under this Act in accordance with the requirements of this Act—\n\t(a)\tthe amount in arrears will, until paid, be increased by penalty interest at the prescribed rate under subsection (2); and\n\t(b)\tthe Board may impose on the project owner a fine of an amount (not exceeding the prescribed sum) fixed by the Board.\n\t(2)\tThe prescribed rate under this subsection is the 10 year bond rate declared by the South Australian Government Financing Authority in respect of investments made on the first day of the financial year during which penalty interest becomes payable under subsection (1).\n\t(3)\tThe Board may for any proper reason remit penalty interest or a fine imposed under subsection (1) wholly or in part.\n\t(4)\tThe imposition of a penalty under this section does not affect the liability of a project owner to pay a levy.\n26—Notice of variation\nA project owner must notify the Board within three months after the completion of building or construction work if the actual value of the work (as determined under this Act) exceeds the estimated value of the work by the amount prescribed by the regulations.\nMaximum penalty: $5 000.\n27—Adjustment of amount paid\nIf the Board is satisfied that the actual value of the building or construction work on completion (as determined under this Act) varies by an amount of $25 000, or such other amount as may be prescribed, from the estimated value—\n\t(a)\twhere the value of the work was overestimated, the Board must refund to the project owner an amount equal to the excess levy paid; or\n\t(b)\twhere the value of the work was underestimated, the project owner must pay to the Board an amount equal to the additional levy that would have been payable if the estimated value of that work had been the actual value of that work.\n28—Cancellation of project\n\t(1)\tThe project owner may notify the Board if any building or construction work or part of any building or construction work is not carried out after the levy is paid for the work.\n\t(2)\tOn receipt of a notice under subsection (1) and on proof to the satisfaction of the Board, the Board must refund to the project owner the amount of the levy paid in respect of the work or part of the work not carried out.\n29—Recovery of levy etc\nThe Board may recover in any court of competent jurisdiction—\n\t(a)\tamounts of the levy that are due for payment; and\n\t(b)\tother amounts due to the Board under this Part.\n30—Offence to provide false information\nA project owner who provides to the Board or a collection agency any information or document that is false or misleading in a material particular regarding building or construction work or its cost is guilty of an offence.\nMaximum penalty: $10 000 plus twice the amount of levy required to be paid in respect of that work.\nPart 5—The Construction Industry Training Fund\n31—Construction Industry Training Fund\n\t(1)\tThe Board must establish and maintain a Fund to be called the Construction Industry Training Fund.\n\t(2)\tThe Board will be responsible for the administration of the Fund.\n\t(3)\tThe Fund will consist of—\n\t(a)\tall levies collected under this Act; and\n\t(b)\tall penalties collected under this Act; and\n\t(c)\tany money derived from the investments of the Fund; and\n\t(d)\tany money advanced to the Board for the purposes of this Act; and\n\t(e)\tall other money received by the Board.\n\t(4)\tThere will be paid from the Fund—\n\t(a)\tall amounts necessary for the implementation of the Training Plan; and\n\t(b)\tall amounts required to be paid to collection agencies under any agreement under this Act; and\n\t(c)\tthe costs of the Board incurred in the administration of this Act; and\n\t(d)\tany amount required for a refund of the levy under Part 4; and\n\t(da)\tany amount the Board considers appropriate for the purposes of workforce attraction and retention activities; and\n\t(e)\tall other costs and expenses reasonably incurred by the Board in the performance of its functions.\n\t(5)\tThe Board may invest money that is not immediately required for the purposes of the Fund in such manner as the Treasurer may from time to time approve.\n31A—Minister may present Board with statement of priorities\n\t(1)\tWithout limiting section 4(3), the Minister may, before 30 June in each year, present to the Board a statement outlining the government's priorities for the application of the Fund for the period of 12 months commencing on 1 January of the next year (or for such other period as may be determined by the Minister).\n\t(2)\tHowever, nothing in this section requires the Board to perform its functions in such a way as to carry out or adopt the government's priorities.\nPart 6—Training Plan\n32—Training Plan\n\t(1)\tThe Board must, at least once in every 3 year period, prepare a plan (the Training Plan) for the purpose of improving the quality of training, and to increase the levels of skills, in the building and construction industry across all skill areas of that industry.\n\t(2)\tThe Training Plan must—\n\t(a)\tset out priorities for employment related training to be funded from the Fund; and\n\t(b)\tin the allocation of money to a particular sector of the building and construction industry, provide for training that is directly relevant to the needs of that sector.\n\t(3)\tThe Board must cause a draft of the Training Plan, together with such other submissions, if any, that the Board considers appropriate, to be submitted to the Minister for approval.\n\t(4)\tThe Minister may request that a draft Training Plan be amended or revised before approval.\n\t(5)\tOn the approval of the Training Plan the Board must publish the Training Plan in the Gazette.\n\t(6)\tThe Training Plan has effect from the date the Training Plan is published in the Gazette, and continues in force until the publication of a subsequent Training Plan.\n\t(7)\tIt is the duty of the Board, so far as is reasonably practicable, to carry the Training Plan into effect.\n\t(8)\tThe Board must ensure that the resources of the Fund required for the purposes of the Training Plan are only allocated to properly structured training programs that are relevant to the building and construction industry in the State.\n\t(9)\tThe Board must cause a review of the Training Plan to be undertaken at least once in each 12 month period, and must within 3 months after the completion of the review, cause a report on the review to be prepared and submitted to the Minister.\n\t(10)\tA report prepared under subsection (9) may contain such other submissions as the Board considers appropriate.\n\t(11)\tIn preparing or reviewing the Training Plan, the Board must consult with the committees of the Board established under section 13.\n\t(12)\tThe Board may, with the approval of the Minister, vary the Training Plan.\n\t(13)\tA variation of the Training Plan has effect from the date specified by the Board.\n\t(14)\tThe Board must publish the Training Plan, and any variation of the Training Plan, on a website determined by the Board.\nPart 7—Miscellaneous\n32A—Board may conduct activities under other name\nThe Board may, if it so determines, conduct its activities or any part of its activities not under the name the Construction Industry Training Board but under any other name prescribed by regulation.\n33—Authorised officers\n\t(1)\tThe Board may, with the approval of the Minister, appoint a person to be an authorised officer for the purposes of this Act.\n\t(2)\tAn appointment must be made in writing and the Board must ensure that each authorised officer is issued with an identity card that complies with subsection (3).\n\t(3)\tAn identity card—\n\t(a)\tmust contain a photograph of the authorised officer; and\n\t(b)\tmust be signed by the authorised officer and a member of the Board.\n\t(4)\tThe Board may, for any reasonable cause, revoke the appointment of an authorised officer under this Act.\n34—Powers of entry and inspection\n\t(1)\tAn authorised officer, may, for the purposes of this Act—\n\t(a)\tenter at all reasonable times, inspect and examine any site where building or construction work is being carried out;\n\t(b)\tconduct any examination or inquiry necessary to ascertain whether this Act has been complied with;\n\t(c)\trequire the production of any document relevant to the calculation or payment of any levy under this Act, inspect and examine it, and take copies or extracts from it.\n\t(2)\tA person who obstructs or hinders an authorised officer in the performance of the officer's duty is guilty of an offence.\nMaximum penalty: $10 000.\n\t(3)\tA person who gives false or misleading information to an authorised officer in the performance of the officer's duty is guilty of an offence.\nMaximum penalty: $10 000.\n\t(4)\tA person is not excused from answering a question or producing a document when required to do so under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(5)\tHowever, if the person objects to answering the question or producing the document on that ground, the answer or document is not admissible against the person in any criminal proceedings other than—\n\t(a)\tproceedings for an offence with respect to false or misleading statements, information or records; or\n\t(b)\tproceedings for an offence in the nature of perjury.\n35—Contracts to evade levy void\nA contract, agreement or arrangement made or entered into, orally or in writing and whether before or after the commencement of this Act, so far as it has or purports to have the purpose or effect of in any way, directly or indirectly—\n\t(a)\trelieving any person from liability to pay any levy; or\n\t(b)\tdefeating, evading or avoiding any levy,\nis void, as against the Board, or in regard to any proceeding under this Act, but without affecting any validity that it may have in any other respect or for any other purpose.\n36—Prosecution\n\t(1)\tProceedings for an offence against this Act may be instituted—\n\t(a)\tby the Director of Public Prosecutions; or\n\t(b)\tin relation to any offence of a prescribed kind—by the Board or any person authorised to do so by the Board.\n\t(2)\tProceedings for an offence against this Act must be commenced within three years after the date on which the offence is alleged to have been committed.\n\t(3)\tWhere, in proceedings for an offence against this Act, the court finds that the defendant has contravened, or failed to comply with, this Act, the court may, in addition to any penalty that it may impose—\n\t(a)\torder the defendant to take specified action to make good the contravention or default in a manner, and within a period, specified by the court;\n\t(b)\torder the defendant to furnish or make available to the Board, within a period specified by the court, such information or records as the Board may reasonably require for the purposes of this Act.\n37—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may—\n\t(a)\tprovide for the membership of a committee established by the Board in relation to a sector of the building and construction industry;\n\t(b)\tprovide that a prescribed person or body will be taken to have been appointed as a collection agency for the purposes of this Act, and prescribe the remuneration payable to that person or body for carrying out the functions of a collection agency under this Act;\n\t(c)\tprescribe information to be provided to the Board or collection agencies by project owners, and prescribe the manner in which that information must be provided;\n\t(d)\trequire project owners to keep records for the purposes of determining the estimated cost of building or construction work;\n\t(e)\tprescribe the manner of payment of any levy;\n\t(f)\tprescribe procedures for giving notice to the Board and for refund of a levy paid in respect of any building or construction work that is not carried out;\n\t(g)\tprovide that the cost of items of a prescribed class will not be taken into account for the purposes of the calculation or imposition of the levy;\n\t(h)\tprescribe penalties, not exceeding $2 500, for breach of, or non-compliance with, any regulation.\n\t(3)\tA regulation—\n\t(a)\tmay be of general or limited application; and\n\t(b)\tmay leave any matter or thing to be determined or dispensed with according to the discretion of the Minister or the Board (either generally or in a particular case or class of case); and\n\t(c)\tmay make different prescriptions according to prescribed circumstances; and\n\t(d)\tmay differentiate between various classes of persons.\n\t(4)\tA regulation must not be made under subsection (2) unless—\n\t(a)\tthe regulation is made on the recommendation of the Board; or\n\t(b)\tthe Minister has certified that they have consulted with the Board on the proposed regulation and given due regard to any submissions made by the Board in relation to the matter.\n38—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be undertaken, and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe review must be completed as soon as is practicable after the fifth anniversary of the commencement of section 26 of the Construction Industry Training Fund (Miscellaneous) Amendment Act 2024.\nSchedule 1—Building or construction work under the Act\n1—Building or construction work\nSubject to clause 2, for the purposes of this Act, building or construction work will be taken to include:\n\t(a)\tthe construction, erection, alteration, repair, renovation, demolition or removal of a building or structure;\n\t(b)\tthe construction, alteration or repair of any road, street, parking area, footpath, thoroughfare (for pedestrians or vehicles), kerbing, guttering, roundabout, median strip, or the performance of other similar roadworks;\n\t(c)\tthe construction, alteration, repair, demolition or removal of any railway, tramway or busway, or of any platform, signals or other structure in connection with a railway, tramway or busway;\n\t(d)\tthe construction, alteration, repair or removal of an aircraft runway, or a landing pad;\n\t(e)\tthe construction, alteration, repair, demolition or removal of a harbour, breakwater, retaining wall or marina;\n\t(f)\tthe performance of dredging work;\n\t(g)\tthe construction, alteration, repair, demolition or removal of a dam, weir, reservoir or other embankment or structure for the catchment, collection, storage, control or diversion of water;\n\t(h)\tthe laying, placing or installing of pipes, cables or other prefabricated materials in, on or above the ground;\n\t(i)\tthe performance of excavation work;\n\t(j)\tthe construction, erection, installation, alteration, repair, demolition or removal of any system or plant associated with the conveyance, collection, storage, treatment or distribution of water or gas;\n\t(k)\ton site electrical or mechanical services work, including on site work that is related to the construction, erection, installation, alteration, repair, servicing or dismantling of any plant, plant facility or equipment;\n\t(l)\tthe on site construction, erection, installation, alteration, repair, renovation, demolition or removal of—\n\t(i)\ta lift or escalator;\n\t(ii)\tany air-conditioning, ventilation or refrigeration system or equipment;\n\t(m)\tthe construction, repair, alteration or removal of a playfield, golf-course, race course, stadium, swimming pool or other sporting or recreational facility;\n\t(n)\tlandscaping or the construction, alteration or removal of a park or garden;\n\t(o)\tthe removal of asbestos from a building or from any machinery, plant or equipment located in or on a building;\n\t(p)\tbuilding or construction work associated with any operation under the Petroleum Act 1940, the Petroleum (Submerged Lands) Act 1982, the Mining Act 1971 or the Offshore Minerals Act 2000 or the Opal Mining Act 1995;\n\t(q)\tany site preparation work (including pile driving) preliminary to the performance of any work referred to above;\n\t(r)\tany other kind of work prescribed by the regulations for the purposes of this provision.\n2—Exclusions\nThe following do not constitute building or construction work for the purposes of this Act:\n\t(b)\tthe construction, alteration, repair, demolition or removal of a fence on (or on the boundary of) agricultural land;\n\t(c)\twork directly associated with the care, conservation or rehabilitation of agricultural land, or of land that has been agricultural land;\n\t(d)\tany other kind of work excluded from the operation of this Act by regulations prescribed for the purposes of this provision.\n3—Definitions\nIn this Schedule—\nbuilding includes—\n\t(a)\ta portion of a building;\n\t(b)\ta temporary building;\n\t(c)\ta moveable building;\nstructure includes—\n\t(a)\ta tank or other structure for the catchment, collection, storage or supply of water;\n\t(b)\ta sewerage, effluent or storm-water drain, a sewerage treatment plant, a drainage system, or other associated or similar structure;\n\t(c)\ta bridge, viaduct, aqueduct or tunnel;\n\t(d)\ta chimney stack or cooling tower;\n\t(e)\ta radio, television, communications or lighting mast;\n\t(f)\ta mast or tower associated with the transmission of electricity;\n\t(g)\ta silo;\n\t(h)\ta dock, jetty, pier, terminal, wharf or mooring;\n\t(i)\ta pipeline (including a pipeline placed in the ground);\n\t(j)\tany structure, plant or facility associated with the production, storage, conveyance or distribution of oil, gas, coal or other minerals.\nSchedule 1A—Value of building or construction work\n1—Estimated value\n\t(1)\tThe estimated value of building or construction work (whether carried out by the project owner or by another person or persons) will be—\n\t(a)\tif the work is to be carried out under a contract (or a series of contracts) where the total price includes value for at least each of the components referred to in paragraph (b) (insofar as they may be relevant to the building or construction work associated with the particular project)—the total contract price less the value of any plant or equipment (other than plant or equipment prescribed by regulation)—\n\t(i)\tthat is used solely for the purposes of a process that forms part of the undertaking carried out within a building, structure or other place; and\n\t(ii)\tthat is not installed as part of, or within, a structural component of a building, or as an integral part of a structure; and\n\t(iii)\tthat is not otherwise incorporated (or substantially incorporated) as part of a building, structure or other place (but disregarding for the purposes of this subparagraph an incorporation by virtue only of the plant or equipment being a fixture),\n(excluding any GST payable in relation to the contract or contracts).\n\t(b)\tin any other case—an estimate of the reasonable market price (excluding GST payable in relation to those components) for the work on the assumption that all of the following are included as components of that price (insofar as they may be relevant to the building or construction work associated with the particular project):\n\t(i)\tthe value of the labour, necessary services and fees (including professional fees) payable in relation to the work; and\n\t(ii)\tthe value of building or construction materials; and\n\t(iii)\tthe value of any prescribed components that are to be installed as part of, or in association with, the work; and\n\t(iv)\ta reasonable allocation for a profit margin; and\n\t(v)\tthe value of any overheads; and\n\t(vi)\tany other component prescribed by the regulations.\n\t(2)\tIn this clause—\nGST means the tax payable under the GST law;\nGST law means—\n\t(a)\tA New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and\n\t(b)\tthe related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things;\nprofessional fees means a fee of a type prescribed by regulations for the purposes of this clause.\n2—Fixtures etc\nFor the purposes of clause 1(b)(iii), prescribed components—\n\t(a)\twill be taken to be—\n\t(i)\tany fixtures, fittings or other accessories or components (including, subject to paragraph (b), plant and equipment); and\n\t(ii)\tany other items included by regulation; but\n\t(b)\twill be taken not to include—\n\t(i)\tplant or equipment—\n\t(A)\tthat is used solely for the purposes of a process that forms part of the undertaking carried out within a building, structure or other place; and\n\t(B)\tthat is not installed as part of, or within, a structural component of a building, or as an integral part of a structure; and\n\t(C)\tthat is not otherwise incorporated (or substantially incorporated) as part of a building, structure or other place (but disregarding for the purposes of this subsubparagraph an incorporation by virtue only of the plant or equipment being a fixture); or\n\t(ii)\tany fixtures, fittings or other accessories or components (including other plant or equipment) excluded by regulation.\nSchedule 4—Public accountability of Board\n1—Powers of Minister\n\t(1)\tIf the Minister is satisfied that the Board has failed to comply with any provision of this Act or the Training Plan, the Minister may do one or more of the following:\n\t(a)\tdirect the Board in writing to comply with this Act or that plan;\n\t(b)\tcensure the Board in accordance with clause 2;\n\t(c)\trecommend that the Governor dismiss the members of the Board and appoint new members of the Board;\n\t(d)\trecommend to the Governor that an administrator of the Board be appointed in accordance with clause 3.\n\t(2)\tIf the Minister is satisfied that the Board has failed to comply with a direction given under subclause (1)(a), the Minister may do any one or more of the things specified in subclause (1)(b), (c) or (d).\n2—Notice or proposal\n\t(1)\tThe Minister must, before exercising the powers conferred by clause 1—\n\t(a)\tgive the Board notice in writing of the intended action and the reasons for it; and\n\t(b)\tconsider any submissions, whether oral or in writing, made to the Minister by the Board within seven days after the giving of the notice or any further time specified in the notice.\n\t(2)\tIf the Minister proposes to censure or dismiss the Board, or to appoint an administrator of the Board, the Minister must—\n\t(a)\tgive notice in writing of the censure, dismissal or appointment to the Board; and\n\t(b)\tcause to be laid before each House of Parliament within seven sitting days after the notice is given to the Board—\n\t(i)\ta copy of the notice; and\n\t(ii)\ta report of the circumstances leading to the action; and\n\t(iii)\ta copy of any written submission made by the Board relating to that action.\n3—Appointment and powers of administrator\n\t(1)\tThe Governor may, by notice in the Gazette, appoint an administrator to administer the affairs and activities of the Board if the Minister, after complying with clauses 1 and 2, certifies that the Board has failed to perform a duty arising from a provision of this Act or the Training Plan.\n\t(2)\tAn appointment of an administrator, unless sooner revoked under subclause (7) or terminated in accordance with the regulations, remains in force for a period of one year.\n\t(3)\tAn administrator of the Board may, but need not, be a Public Service employee.\n\t(4)\tOn the appointment of an administrator, the Minister must serve on the Board a copy of the instrument of the appointment and on the service of the copy of that instrument—\n\t(a)\tthe members of the Board cease to hold office; and\n\t(b)\tthe functions of the Board will be performed, and the powers of the Board may be exercised, by the administrator in the name and on behalf of the Board until the administrator's office is vacated under this section; and\n\t(c)\tany delegation made by the Board under this Act ceases to have effect.\n\t(5)\tSubject to this clause, an administrator—\n\t(a)\tmust, as soon as practicable after appointment as such, take into the custody or under the control of the administrator all the property and things in action to which the Board is, or appears to be, entitled; and\n\t(b)\tmay, subject to and in accordance with any direction given to the administrator by the Minister, perform the functions and exercise the powers of the Board in such manner as the administrator thinks fit.\n\t(6)\tThe office of an administrator becomes vacant if the administrator—\n\t(a)\tdies; or\n\t(b)\tresigns by written notice to the Governor; or\n\t(c)\tis convicted of an indictable offence; or\n\t(d)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(e)\tis subject to the revocation of their appointment under subclause (7).\n\t(7)\tThe Governor may, for any reason that the Governor considers sufficient, revoke the appointment of an administrator.\n\t(8)\tWhere the office of administrator becomes vacant under subclause (6), the Governor may, by instrument in writing, appoint another person to fill the vacancy.\n\t(9)\tAn administrator will be paid such remuneration, allowances and expenses (if any) as the Governor may determine.\n4—Expenses of administration\nThe expenses of or incidental to the administration of the Board by an administrator are payable by the Board.\n5—Liability for losses incurred during administration\nAn administrator of the Board is not liable for any loss incurred by the Board during office as such unless the loss is attributable to—\n\t(a)\tmisconduct; or\n\t(b)\tnegligence; or\n\t(c)\twilful failure to comply with a provision of this Act.\n6—Termination of administration\nIf the Minister recommends to the Governor that the appointment of an administrator should be revoked, the Governor may act accordingly and on any such revocation—\n\t(a)\tthe Board will be reconstituted as provided by Part 2 and in accordance with the regulations; and\n\t(b)\tthe Board will again perform its functions and exercise its powers as provided by this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1993\n17\nConstruction Industry Training Fund Act 1993\n8.4.1993\n1.9.1993 (Gazette 5.8.1993 p746)\n1993\n(180)\nConstruction Industry Training Fund Regulations 1993 (Gazette 5.8.1993 p753)\n—\n1.9.1993: r 2\n2000\n11\nOffshore Minerals Act 2000\n4.5.2000\n4.5.2002 (s 7(5) Acts Interpretation Act 1915)\n2000\n75\nConstruction Industry Training Fund (Miscellaneous) Amendment Act 2000\n14.12.2000\n1.3.2001 except ss 3(c) & 6(b)—1.7.2001 (Gazette 1.3.2001 p796)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 36 (ss 65—67)—1.2.2010 (Gazette 28.1.2010 p320)\n2019\n2\nConstruction Industry Training Fund (Board) Amendment Act 2019\n28.3.2019\n20.6.2019 (Gazette 20.6.2019 p2206)\n2024\n41\nConstruction Industry Training Fund (Miscellaneous) Amendment Act 2024\n3.10.2024\n31.10.2024 except ss 3(2), (4), 27 & 28—1.1.2025 (Gazette 31.10.2024 p4037)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\n\n\nnote\ndeleted by 41/2024 s 3(4)\n1.1.2025\ns 3(1)\n\n\nbuilding approval\nsubstituted by 75/2000 s 3(a)\n1.3.2001\n\namended by 41/2024 s 3(1)\n31.10.2024\nlocal council\nsubstituted by 75/2000 s 3(b)\n1.3.2001\nproject owner\nsubstituted by 75/2000 s 3(c)\n1.7.2001\n\nsubstituted by 41/2024 s 3(2)\n1.1.2025\ntraining plan\ndeleted by 41/2024 s 3(3)\n31.10.2024\nTraining Plan\ninserted by 41/2024 s 3(3)\n31.10.2024\ns 3A\ninserted by 41/2024 s 4\n31.10.2024\nPt 2\n\n\ns 4\n\n\ns 4(1)\nsubstituted by 41/2024 s 5\n31.10.2024\ns 5\n\n\ns 5(1)\nsubstituted by 2/2019 s 4(1)\n20.6.2019\n\nsubstituted by 41/2024 s 6(1)\n31.10.2024\ns 5(1aaa)\ninserted by 41/2024 s 6(1)\n31.10.2024\ns 5(1aa)\ninserted by 41/2024 s 6(1)\n31.10.2024\ns 5(1ab)\ninserted by 41/2024 s 6(1)\n31.10.2024\ns 5(1a)\ninserted by 75/2000 s 4\n1.3.2001\n\nsubstituted by 2/2019 s 4(1)\n20.6.2019\n\nsubstituted by 41/2024 s 6(1)\n31.10.2024\ns 5(1b)\ninserted by 2/2019 s 4(1)\n20.6.2019\n\namended by 41/2024 s 6(2)\n31.10.2024\ns 5(1c)\ninserted by 2/2019 s 4(1)\n20.6.2019\n\namended by 41/2024 s 6(3)\n31.10.2024\ns 5(1d)\ninserted by 2/2019 s 4(1)\n20.6.2019\n\nsubstituted by 41/2024 s 6(4)\n31.10.2024\ns 5(1e)\ninserted by 41/2024 s 6(4)\n31.10.2024\ns 5(3)\nsubstituted by 41/2024 s 6(5)\n31.10.2024\ns 5(3a)\ninserted by 41/2024 s 6(5)\n31.10.2024\ns 5(5)\namended by 41/2024 s 6(6)\n31.10.2024\ns 5(5a)\ninserted by 41/2024 s 6(7)\n31.10.2024\ns 5(6a)\ninserted by 2/2019 s 4(2)\n20.6.2019\ns 7\n\n\ns 7(1)\nsubstituted by 2/2019 s 5(1)\n20.6.2019\ns 7(3) and (4)\nsubstituted by 2/2019 s 5(2)\n20.6.2019\ns 7(5)\ndeleted by 2/2019 s 5(2)\n20.6.2019\ns 7(6)\nsubstituted by 41/2024 s 7(1)\n31.10.2024\ns 7(7)\ndeleted by 41/2024 s 7(2)\n31.10.2024\ns 8\n\n\ns 8(1)\namended by 75/2000 s 16 (Sch cl 1)\n1.3.2001\n\namended by 41/2024 s 8(1)\n31.10.2024\ns 8(1a)\ninserted by 84/2009 s 65\n1.2.2010\ns 8(2)\namended by 41/2024 s 8(2)\n31.10.2024\ns 9\n\n\ns 9(1)\namended by 75/2000 s 16 (Sch cl 2(a))\n1.3.2001\n\namended by 41/2024 s 9(1)\n31.10.2024\ns 9(2)\namended by 75/2000 s 16 (Sch cl 2(b))\n1.3.2001\n\namended by 41/2024 s 9(1)\n31.10.2024\ns 9(3)\namended by 75/2000 s 16 (Sch cl 2(c))\n1.3.2001\n\namended by 41/2024 s 9(1), (2)\n31.10.2024\ns 9(4)\namended by 75/2000 s 16 (Sch cl 2(d))\n1.3.2001\n\namended by 41/2024 s 9(1), (2)\n31.10.2024\ns 10\n\n\ns 10(1)\ns 10 amended by 84/2009 s 66\n1.2.2010\n\ns 10 amended and redesignated as s 10(1) by 2/2019 s 6(1), (2)\n20.6.2019\n\nsubstituted by 41/2024 s 10(1)\n31.10.2024\ns 10(2)\ninserted by 2/2019 s 6(2)\n20.6.2019\n\namended by 41/2024 s 10(2)\n31.10.2024\nPt 3\n\n\ns 11\namended by 41/2024 s 11(1), (2)\n31.10.2024\ns 13\n\n\ns 13(3)\namended by 41/2024 s 12(1)\n31.10.2024\ns 13(3a) and (3b)\ninserted by 41/2024 s 12(2)\n31.10.2024\ns 13(5) and (6)\ninserted by 41/2024 s 12(3)\n31.10.2024\ns 14\n\n\ns 14(4)\namended by 41/2024 s 13\n31.10.2024\ns 17\n\n\ns 17(1)\nsubstituted by 41/2024 s 14(1)\n31.10.2024\ns 17(2)\namended by 41/2024 s 14(2)\n31.10.2024\ns 17A\ninserted by 2/2019 s 7\n20.6.2019\ns 18\nsubstituted by 41/2024 s 15\n31.10.2024\nPt 4\n\n\ns 20\n\n\ns 20(2)\ndeleted by 41/2024 s 16\n31.10.2024\ns 21\n\n\ns 21(2)\namended by 2/2019 s 8\n20.6.2019\ns 22\namended by 75/2000 s 5\n1.3.2001\ns 23\n\n\ns 23(1)\namended by 75/2000 s 6(a)\n1.3.2001\n\namended by 41/2024 s 17(1)\n31.10.2024\ns 23(2)\ndeleted by 75/2000 s 6(b)\n1.7.2001\n\ninserted by 41/2024 s 17(2)\n31.10.2024\ns 23(3)\ndeleted by 75/2000 s 6(b)\n1.7.2001\ns 24\n\n\ns 24(2)\namended by 75/2000 s 16 (Sch cl 3(a))\n1.3.2001\ns 24(3)\nsubstituted by 41/2024 s 18(1)\n31.10.2024\ns 24(4)\namended by 75/2000 s 16 (Sch cl 3(b))\n1.3.2001\ns 24(6)—(8)\ninserted by 75/2000 s 7\n1.3.2001\ns 24(9)\ninserted by 41/2024 s 18(2)\n31.10.2024\ns 26\namended by 75/2000 ss 8, 16 (Sch cl 4)\n1.3.2001\n\namended by 41/2024 s 19\n31.10.2024\ns 27\namended by 75/2000 s 9\n1.3.2001\ns 30\namended by 75/2000 s 16 (Sch cl 5)\n1.3.2001\nPt 5\n\n\ns 31\n\n\ns 31(4)\namended by 41/2024 s 20(1), (2)\n31.10.2024\ns 31A\ninserted by 41/2024 s 21\n31.10.2024\nPt 6\n\n\nheading\nsubstituted by 41/2024 s 22\n31.10.2024\ns 32\nsubstituted by 41/2024 s 23\n31.10.2024\nPt 7\n\n\ns 32A\ninserted by 41/2024 s 24\n31.10.2024\ns 34\n\n\ns 34(2)\namended by 75/2000 s 16 (Sch cl 6(a))\n1.3.2001\ns 34(3)\namended by 75/2000 s 16 (Sch cl 6(b))\n1.3.2001\ns 34(4)\nsubstituted by 75/2000 s 10\n1.3.2001\ns 34(5)\ninserted by 75/2000 s 10\n1.3.2001\ns 37\n\n\ns 37(2)\namended by 75/2000 s 16 (Sch cl 7)\n1.3.2001\ns 37(4)\namended by 41/2024 s 25\n31.10.2024\ns 38 before substitution by 2/2019\n\n\ns 38(1)\namended by 75/2000 s 11\n1.3.2001\ns 38\nsubstituted by 2/2019 s 9\n20.6.2019\n\nsubstituted by 41/2024 s 26\n31.10.2024\nSch 1\n\n\ncl 1\namended by 75/2000 s 12\n1.3.2001\n\namended by 11/2000 Sch 2\n4.5.2002\ncl 2\n(a) deleted by 41/2024 s 27\n1.1.2025\nSch 1A\ninserted by 75/2000 s 13\n1.3.2001\ncl 1\n\n\ncl 1(1)\ncl 1 amended and redesignated as cl 1(1) by 41/2024 s 28(1)—(3)\n1.1.2025\ncl 1(2)\ninserted by 41/2024 s 28(3)\n1.1.2025\nSch 2\namended by 180/1993 r 15\n1.9.1993\n\namended by 75/2000 s 14\n1.3.2001\n\ndeleted by 2/2019 s 10\n20.6.2019\nSch 3\namended by 180/1993 r 16\n1.9.1993\n\namended by 75/2000 s 15\n1.3.2001\n\ndeleted by 2/2019 s 10\n20.6.2019\nSch 4\n\n\ncl 1\namended by 41/2024 s 29(1)\n31.10.2024\ncl 3\n\n\ncl 3(1)\namended by 41/2024 s 29(2)\n31.10.2024\ncl 3(3)\nsubstituted by 84/2009 s 67\n1.2.2010\ncl 3(6)\namended by 41/2024 s 29(3)\n31.10.2024\nTransitional etc provisions associated with Act or amendments\nConstruction Industry Training Fund (Board) Amendment Act 2019, Sch 1—Transitional provisions\n1—Office of member vacated\nThe office of each member of the Construction Industry Training Board under the Construction Industry Training Fund Act 1993 holding office immediately before the commencement of section 4 of this Act is, on the commencement of that section, vacated.\nConstruction Industry Training Fund (Miscellaneous) Amendment Act 2024, Sch 1—Transitional provisions\n1—Composition of Board\nThe office of each member of the Construction Industry Training Board under the Construction Industry Training Fund Act 1993 holding office immediately before the commencement of section 6 of this Act is, on the commencement of that section, vacated.\n2—Annual report during transitional period\n\t(1)\tDespite section 17 of the Construction Industry Training Fund Act 1993 as amended by this Act, the annual report of the Construction Industry Training Board for the financial year ending on 30 June 2024 must be provided to the Minister in accordance with section 17 of the Construction Industry Training Fund Act 1993 as in force immediately prior to the commencement of section 14 of this Act.\n\t(2)\tDespite section 17 of the Construction Industry Training Fund Act 1993, the annual report of the Construction Industry Training Board for the calendar year ending 31 December 2025 must cover the period of 1 July 2024 to 31 December 2025.\n\t(3)\tDespite section 17 of the Construction Industry Training Fund Act 1993, the report under subclause (2) must incorporate such audited financial statements as may be required by the Minister.\n3—Training plan\nSubject to the Construction Industry Training Fund Act 1993, the training plan prepared by the Board pursuant to section 32 of that Act (as in force immediately prior to the commencement of this clause) continues as the Training Plan for the purposes of section 32 of that Act as enacted by this Act.\nHistorical versions\nReprint No 1—1.9.1993\n\nReprint No 2—1.3.2001\n\nReprint No 3—1.7.2001\n\nReprint No 4—4.5.2002\n\n1.2.2010\n\n20.6.2019\n\n31.10.2024\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1993 focus on establishing a training fund and basic levy collection. Major amendments in 2000, 2019, and particularly 2024 have added: detailed public accountability mechanisms including ministerial intervention powers (Schedule 4); specific objects clauses targeting underrepresented groups and evidence-based decision making (section 3A); complex governance requirements including independence criteria and expressions of interest processes for board appointments (section 5); workforce attraction and retention funding powers (section 31(4)(da)); and enhanced transparency requirements like website publication of member allowances (section 10(2)). The 2024 amendments also introduced a 'statement of priorities' mechanism allowing ministerial direction without binding force (section 31A), and shifted from financial year to calendar year reporting with transitional arrangements."},"complexity_factors":["Multiple calculation methods for levy value depending on contract type (Schedule 1A, clause 1)","Complex definition of 'project owner' with different rules for government vs private projects (section 3(1))","Nested exemptions and special rules for agricultural land (section 23(4)-(5))","Extensive cross-referencing between Parts and Schedules (e.g., valuation rules in Schedule 1A referenced in Part 4)","Conditional payment timing rules with exceptions for government projects (section 24(4))","Detailed governance requirements including member disqualification rules linked to Commonwealth industrial law (section 5(1aaa), (5)(ea))","Ministerial intervention powers with procedural safeguards (Schedule 4, clauses 1-2)","Interaction with GST legislation for valuation purposes (Schedule 1A, clause 1(2))","Multiple penalty provisions with varying maximum amounts ($5,000, $10,000, $20,000 depending on offence)","Transitional provisions affecting reporting periods and board composition"],"plain_english_summary":"**What this law does:**\n\nThis South Australian law establishes a **Construction Industry Training Fund** and a **Construction Industry Training Board** to improve skills and training in the building and construction industry.\n\n**Key points:**\n\n- **The Levy:** Anyone undertaking building or construction work (valued above a certain threshold) must pay a levy — currently **0.25%** of the project's estimated value (capped at 0.5% by regulation). This is essentially a training tax on construction projects.\n\n- **Who pays:** The **\"project owner\"** — usually the main contractor or the person benefiting from the finished work. Payment is required before building approval is granted or before work starts if no approval is needed.\n\n- **The Fund:** Money collected goes into a dedicated fund used to:\n  - Pay for training programs and workforce development\n  - Support underrepresented groups (women, Aboriginal and Torres Strait Islander people, adult workers)\n  - Fund research and skills planning\n  - Cover the Board's administrative costs\n\n- **The Board:** An independent body (not part of government) with up to 12 members representing employers, employees, and independent experts. It:\n  - Advises the Minister on training needs\n  - Prepares a **Training Plan** every 3 years setting funding priorities\n  - Can appoint authorised officers to inspect sites and enforce levy payment\n  - Can be put under administration by the Minister if it fails to perform its duties\n\n- **What's covered:** Extensive definition of \"building or construction work\" includes everything from houses and roads to railways, dams, electrical work, landscaping, and even asbestos removal. Exemptions exist for small projects (below a threshold set by regulation) and certain agricultural work.\n\n- **Enforcement:** The Board can enter construction sites, demand documents, recover unpaid levies in court, and impose penalties for late payment. Contracts designed to dodge the levy are void.\n\n**Why it matters:**\nThis ensures the construction industry contributes to its own workforce development, creating a sustainable pipeline of skilled workers rather than relying solely on government funding or individual employers to train new entrants."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act’s scope has been expanded and modernised through amendments (notably the 2024 changes). Key scope changes include: (1) adding a formal statement of objects that explicitly covers evidence‑based funding, workforce attraction and improved access for under‑represented groups (s3A; s31(4)(da)); (2) replacing and formalising the Training Plan regime (capitalised ‘Training Plan’) with updated timing, review and publication obligations (s32 and transitional provisions); (3) changes to Board composition, appointment, independence and consultation requirements (s5 and associated transitional provisions) and creation of a cross‑sector planning committee (s13(3a)–(3b)); (4) strengthened Board transparency (publication of allowances s10(2)) and strengthened Ministerial reporting and intervention powers (s17A; Schedule 4 amendments); and (5) added review obligations and new exemptions/valuation detail (s23 review requirement; Sch 1 and Sch 1A amendments). These changes broaden the Act from a simple levy‑to‑training scheme to a more structured, evidence‑oriented, governance‑heavy training fund with explicit workforce attraction objectives and stronger executive oversight."},"complexity_factors":["Lengthy Act with many parts, schedules and subsections (31+ primary sections and multiple schedules).","Multiple defined terms and cross‑references to other statutes (eg. Planning, Development and Infrastructure Act 2016; GST law in Sch 1A).","Detailed valuation rules with exclusions and exceptions in Schedule 1A (clause 1–2) and wide scope in Schedule 1 (list of covered works).","Numerous conditional rules and nested exceptions (eg. levy exemptions s23, agricultural concession s23(4), instalment/variation powers s24(6)–(7)).","Complex governance provisions for Board composition, deputy members, consultation and vacancy/transitional rules (s5 and transitional provisions).","Multiple regulatory and ministerial discretions and pre‑conditions (eg. regulation on rate change requires Board recommendation s21(2); s37(4) consultation/certification requirement).","Several enforcement routes with differing procedures and penalties (criminal offences s30, administrative fines s25, civil recovery s29, voiding of contracts s35).","Recent amendments (notably 2024) inserted new duties, reporting and review timelines, renamed and restructured provisions (eg. Training Plan replacements, s3A objects; transitional provisions), adding cross‑temporal complexity."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes the Construction Industry Training Fund (the Fund) and the Construction Industry Training Board (the Board) to run it (s31, s4).  The Fund is fed mainly by a levy on building and construction projects and used to fund training and related activities (s31(3)–(4)).\n\n- Imposes a levy on most building or construction work that starts after the Act commenced. The base rate is 0.25% of the estimated project value, with regulations able to set a higher rate up to 0.5% on the Board’s recommendation (s20–21). Valuation rules and excluded items are in Schedule 1A and Schedule 1 (s22; Sch 1; Sch 1A).\n\n- Makes the project owner (as defined in s3) primarily responsible for paying the levy before obtaining building approval or, if no approval is required, before starting work (s24). The Board can permit instalment payments or class‑based variations by notice (s24(6)).\n\n- Provides collection, enforcement and compliance tools: appointment of collection agencies to collect levies (s19), authorised officers with powers to enter and inspect sites and demand documents (s33–34), penalty interest and fines for late payment (s25), criminal penalties for providing false information (s30), and civil recovery in court (s29). Contracts designed to evade the levy are void against the Board (s35).\n\n- Requires the Board to prepare a Training Plan at least once every three years to set training priorities and allocate Fund money; the Board must submit a draft to the Minister and publish the final Training Plan (s32). The Board administers funding to meet the Training Plan (s31(4), s32(1)–(8)).\n\n- Provides the Board with governance arrangements: up to 12 appointed members with employer and employee representatives and independent members, committees for sectors and a cross‑sector planning committee, delegations, audit and reporting obligations, and publication requirements for members’ allowances and expenses (s5, s13, s14, s16–17, s10(2)).\n\n- Preserves Ministerial oversight: the Minister can request reports (s17A), present a non‑binding statement of priorities (s31A), and, after procedural steps, direct, censure or move to replace the Board or appoint an administrator (Schedule 4).\n\n- Contains routine regulation‑making power and a mandatory review requirement following specified amendment anniversaries (s37; s38).\n\n**Who this affects**\n\n- Project owners (defined in s3) — they are primarily responsible for paying the levy and for providing accurate project value information (s24, s30). Project owners include government authorities for government projects and the person contracted to deliver a project for private projects (s3 definition of project owner).\n\n- Builders, contractors and subcontractors — they are affected indirectly because the levy is calculated on project value and can be passed through contract price allocation; compliance obligations (records, producing documents) and potential inspections apply on site (s22; s34).\n\n- Employers and employees in the building and construction industry — they are potential beneficiaries of Fund‑supported training under the Training Plan (s11, s32).\n\n- Small project owners and certain agricultural projects — some small projects are exempt when their estimated value falls below the regulatory threshold; agricultural land work has a special valuation concession if the owner does work themselves and applies under regulations (s23(1), s23(4)).\n\n- The Board and its committees — responsible for allocating funds, oversight of levy collection, preparing the Training Plan and running programmes (s11, s13, s19).\n\n**Why it matters (stated purpose and testing against trade‑offs)**\n\nStated purpose (explicit in the Act): to improve the quality of training in the building and construction industry and to support workforce development (s3A; s11). The Act funds that by pooling a small percentage of project value into a central Fund controlled by the Board (s31, s21).  \n\nHow that works in practice, and the trade‑offs:\n\n- Who pays and incidence: project owners legally pay the levy (s24). In practice the cost is likely to be borne by whoever ultimately carries project costs (developers, contractors, or end clients) because prices and contract allocations can be adjusted. This creates a direct cost on projects equal to the levy rate (s21).  \n\n- Cash‑flow and timing effects: the levy is payable before building approval is issued or before work starts (s24(2)), which can create a cash‑flow timing requirement for project owners and may delay starts if payment is deferred by the Board only via specific notice (s24(6)). Collection agency fees and Board administrative costs are paid from the Fund (s19; s31(4)(b)–(c)).\n\n- Administrative and compliance burden: project owners must estimate and report project value under detailed valuation rules (Sch 1A), keep records and may be inspected on site (s22; Sch 1A; s34). False or misleading information has substantial penalties (s30). Disputes about valuation trigger adjustment, refund or additional payment mechanisms (s26–28). These requirements add compliance costs for accurate record‑keeping and potential legal risk.\n\n- Allocation discretion and concentrated decision‑making: the Board controls Fund allocation under a Training Plan (s31(4)(a); s32). The Board is made up of employer and employee representatives plus independent members and sector committees (s5; s13). Allocation choices therefore concentrate decision‑making with the Board and its committees; industry voices are formally represented, but the Act also gives the Minister oversight powers (Schedule 4) that can influence outcomes. This creates potential for concentrated benefits (to chosen training programmes or sectors) and for lobbying around funding priorities.\n\n- Impact on competition and small participants: the Act exempts projects below a threshold set by regulation (s23(1)). That reduces burden on very small projects but means medium and large projects carry the levy. The wide definition of construction work (Sch 1) captures many activity types, increasing the number of payers across sectors.\n\n- Market effects and productivity: money directed into training could raise workforce skills, productivity and safety (s11(e), s3A(b)), but the extent depends on whether funds are allocated to effective programmes (s32 requires relevance and structure). There is an opportunity cost: Fund money could otherwise remain in the private sector and be used at firms’ discretion; conversely, pooled funding can fund training that individual firms would under‑invest in (public goods or coordination failures).\n\n- Limits on contracting strategies: contracts or arrangements created to avoid the levy are void against the Board (s35). That restricts some forms of contract structuring but is limited to arrangements with the purpose/effect of evasion.\n\n- Oversight and political/bureaucratic discretion: the Minister can request reports (s17A), present priorities (s31A), and — after notice and an opportunity to respond — require compliance, censure, dismiss the Board or appoint an administrator with broad powers (Sch 4). Those powers provide accountability but also political oversight risk; the Act requires procedural steps before such action (Sch 4(2)).\n\n**Key operational points to watch**\n\n- Levy rate and scope (s21; s22; Sch 1 and Sch 1A): small changes in the prescribed rate or the valuation rules materially affect revenue.\n- Timing of payment (s24): levy payable before approvals/start can affect project cash flow.\n- Board’s allocation discretion (s31, s32) and Ministerial interventions (Sch 4): decide which training activities get funded.\n- Compliance and enforcement (s19, s29–30, s34): inspections, penalties and civil recovery can be used to enforce payment and information obligations.\n\nOverall, the Act creates a sector‑specific, levy‑funded mechanism to finance training in the building and construction industry, administered by a statutory Board with defined governance, enforcement and reporting arrangements. It transfers a small, project‑based cost to project owners (and ultimately to market participants), centralises funding decisions in the Board and committees, and pairs that centralisation with statutory transparency and Ministerial oversight.\n\n(References: levy mechanics — s20–25; valuation — Sch 1A; Fund and uses — s31; Board composition and governance — s5, s13; Training Plan — s32; enforcement — s29–35; Ministerial powers — Sch 4; objects — s3A.)"},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. No content was available to compare against original legislative intent."},"complexity_factors":["No legislative text was retrievable — the source returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without the actual content of the Act","Score of 1 reflects absence of data, not simplicity of the underlying law"],"plain_english_summary":"## Construction Industry Training Fund Act 1993 (SA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this South Australian legislation could not be retrieved — the source website returned a 'Page Not Found' error, likely due to a website migration that occurred on **24 March 2026**.\n\n### What we know from the title alone:\n\nThe **Construction Industry Training Fund Act 1993** is a South Australian law that almost certainly:\n\n- **Establishes a fund** to collect levies (fees) from construction industry participants — typically builders, developers, or contractors — to finance **training and workforce development** in the construction sector.\n- **Affects** builders, developers, subcontractors, and potentially workers in the South Australian construction industry.\n- **Matters** because it likely creates a legal obligation to pay a levy on construction work above a certain value, with penalties for non-compliance.\n\n> 🔍 **To access the actual legislation**, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act title, or update any bookmarks created before 24 March 2026."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/construction-industry-training-fund-act-1993","history":"/api/acts/construction-industry-training-fund-act-1993/history","analysis":"/api/acts/construction-industry-training-fund-act-1993/analysis","conflicts":"/api/acts/construction-industry-training-fund-act-1993/conflicts","importantCases":"/api/acts/construction-industry-training-fund-act-1993/important-cases","documents":"/api/acts/construction-industry-training-fund-act-1993/documents"}}