{"id":"construction-industry-training-fund-regulations-2021","name":"Construction Industry Training Fund Regulations 2021","slug":"construction-industry-training-fund-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235316,"registerId":"sa-construction-industry-training-fund-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Construction Industry Training Fund Regulations 2021","content":"South Australia\nConstruction Industry Training Fund Regulations 2021\nunder the Construction Industry Training Fund Act 1993\n\nContents\n1\tShort title\n3\tInterpretation\n4\tSectors of the building and construction industry\n4A\tComposition of Board\n5\tExemptions—prescribed amount\n6\tForms\n7\tPenalties\n8\tNotice of variation—prescribed amount\n9\tAdjustment of amount paid—prescribed amount\n10\tProsecutions\n11\tRecords\n12\tOffence\n13\tItems not subject to levy\n14\tBuilding or construction work—Schedule 1—Maintenance\n15\tExclusions—Schedule 1—Mining and Petroleum\nSchedule 1—Prescribed employee associations\n1\tPrescribed employee associations\nSchedule 2—Prescribed employer associations\n1\tPrescribed employer associations\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Construction Industry Training Fund Regulations 2021.\n3—Interpretation\nIn these regulations—\nAct means the Construction Industry Training Fund Act 1993.\n4—Sectors of the building and construction industry\nFor the purposes of section 3(3) of the Act, the sectors of the building and construction industry are constituted as follows:\n\t(a)\tThe housing sector\nThat part of the building and construction industry which carries out building or construction work on, or resulting in, a building that is a residential dwelling unit, or a number of residential dwelling units, each of which contains cooking and bathing facilities and is intended to be used predominantly for long term residential purposes. A building that is a dwelling unit which is part of an educational institution, a hospital or other building offering institutional care or temporary accommodation (such as a motel, hostel or holiday apartment) is not included in the housing sector;\n\t(b)\tThe commercial sector\nThat part of the building and construction industry, other than the housing sector, which carries out building or construction work on, or resulting in, a rigid, fixed and permanent structure with a roof, the intended purpose of which is for the shelter, or the use, of people, plants, machinery, goods or livestock;\n\t(c)\tThe civil sector\nThe remainder of the building and construction industry.\n4A—Composition of Board\n\t(1)\tFor the purposes of section 5(1aa)(a) of the Act—\n\t(a)\tthe Minister must, prior to nominating a person for appointment as a member of the Board for the purposes of section 5(1)(a) of the Act, consult with the prescribed employer associations; and\n\t(b)\tthe Minister must, prior to nominating a person for appointment as a member of the Board for the purposes of section 5(1)(b) of the Act, consult with the prescribed employee associations.\n\t(2)\tFor the purposes of section 5(1aa)(b) of the Act—\n\t(a)\tthe Minister may only nominate a person for appointment to the Board for the purposes of section 5(1)(a) of the Act if the person is an employee, member or officer of a prescribed employer association; and\n\t(b)\tthe Minister may only nominate a person for appointment to the Board for the purposes of section 5(1)(b) of the Act if the person is an employee, member or officer of a prescribed employee association.\n\t(3)\tIn this regulation—\nprescribed employee association—see Schedule 1;\nprescribed employer association—see Schedule 2.\n5—Exemptions—prescribed amount\nFor the purposes of section 23(1) of the Act, an amount of $100 000 is prescribed.\n6—Forms\n\t(1)\tA levy paid for the purposes of the Act must be accompanied by information determined by the Board and that information must be given in a manner and form determined by the Board.\n\t(2)\tFor the purposes of section 23(4)(c) of the Act, an application for the benefit of section 24(4) of the Act must be made to the Board.\n\t(3)\tAn application or notification to the Board for the purposes of the Act must be accompanied by information determined by the Board and be made or given in a manner and form determined by the Board.\n\t(4)\tThe Board may require that information be furnished to the Board in the form of a statutory declaration under Part 3 of the Oaths Act 1936.\n7—Penalties\nFor the purposes of section 25(1)(b) of the Act, the following amounts are prescribed as maximum amounts that may be imposed by the Board under that section if a project owner fails to pay a levy due under the Act in accordance with the requirements of the Act:\n\n\t(a)\tif the value of the unpaid levy does not exceed $500\n$500\n\t(b)\tif the value of the unpaid levy exceeds $500 but does not exceed $10 000\n$2 500\n\t(c)\tif the value of the unpaid levy exceeds $10 000\n$5 000\n8—Notice of variation—prescribed amount\nFor the purposes of section 26 of the Act, an amount of $50 000 is prescribed.\n9—Adjustment of amount paid—prescribed amount\nFor the purposes of section 27 of the Act, an amount of $50 000 is prescribed.\n10—Prosecutions\nFor the purposes of section 36(1)(b) of the Act, an offence under Part 4 of the Act is an offence of a prescribed kind.\n11—Records\n\t(1)\tFor the purposes of section 37(2)(d) of the Act, a person must keep the following records in relation to building or construction work for which the person is the project owner and which gives rise to a liability to pay a levy under the Act for a period of 5 years from the commencement of that work:\n\t(a)\ta copy of all forms submitted to or received from the Board or a collection agency relating to the payment or refund of the levy;\n\t(b)\tthe date on which the building or construction work commenced;\n\t(c)\tthe value of the building or construction work;\n\t(d)\tthe site address of the building or construction work;\n\t(e)\tbrief details describing the type of building or construction work.\n\t(2)\tThe Board may, in writing, exempt a person from keeping any of the records referred to in subregulation (1), either in general or in relation to specified work or work of a specified kind, for a period of time specified in the exemption.\n12—Offence\nA person who breaches, or fails to comply with, a provision of these regulations is guilty of an offence.\nMaximum penalty: $2 500.\n13—Items not subject to levy\n\t(1)\tFor the purposes of section 37(2)(g) of the Act (but subject to subregulation (2)), plant or equipment directly associated with mineral, oil or natural gas exploration, production or processing constitute a class of items the cost of which will not be taken into account for the purposes of the calculation or imposition of the levy under the Act.\n\t(2)\tSubregulation (1) does not apply in respect of plant or equipment constructed, erected or installed as part of the housing sector or the commercial sector of the building and construction industry (as defined by these regulations).\n14—Building or construction work—Schedule 1—Maintenance\nFor the purposes of Schedule 1 clause 1(r) of the Act (but not so as to affect the operation of regulation 15), maintenance work carried out on a building or structure, or on any place, machinery, plant, system, equipment, facility or operation referred to in Schedule 1 of the Act, constitutes building or construction work for the purposes of the Act.\n15—Exclusions—Schedule 1—Mining and Petroleum\n\t(1)\tFor the purposes of Schedule 1 clause 2(d) of the Act, the following work associated with any operation under the Petroleum and Geothermal Energy Act 2000, the Petroleum (Submerged Lands) Act 1982, the Mining Act 1971 or the Opal Mining Act 1995 does not constitute building or construction work for the purposes of the Act, provided that it is not carried out in the housing sector or the commercial sector of the building and construction industry (as defined by these regulations):\n\t(a)\tearthworks associated with the construction or maintenance of a temporary water supply or temporary access track for a purpose associated with mineral or petroleum exploration activity, and other earthworks associated with such exploration activity;\n\t(b)\texcavation work associated with exploration for, or the extraction of, any mineral or petroleum;\n\t(c)\twork directly related to the fabrication of a pipeline system used in mineral or petroleum production or processing (but not including associated work such as earthworks, excavation work or the construction of culverts, bridges, drains or structural supports), and subsequent repair work that involves welding or coating a pipeline system (or part of a pipeline system) used in mineral or petroleum production or processing;\n\t(d)\tthe construction or maintenance of a haul road or track which is—\n\t(i)\tin or around a mine or other mineral or petroleum production facility; and\n\t(ii)\tdirectly used in a mineral or petroleum production operation;\n\t(e)\tthe maintenance of an airstrip or landing pad used in conjunction with a mineral or petroleum production operation;\n\t(f)\twork associated with an environmental clean-up or environmental restoration;\n\t(g)\twork associated with a mine back-filling operation;\n\t(h)\trepair or maintenance work carried out on plant or equipment directly associated with mineral or petroleum exploration, production or processing, or for piloting.\n\t(2)\tIn subregulation (1)—\npetroleum has the same meaning as in the Petroleum and Geothermal Energy Act 2000 and includes any other regulated resource within the meaning of that Act.\nSchedule 1—Prescribed employee associations\n1—Prescribed employee associations\nThe following are prescribed employee associations for the purposes of regulation 4A:\nAustralian Workers' Union (SA Branch)\nAutomotive, Food, Metals, Engineering, Printing and Kindred Industries Union (trading as Australian Manufacturing Workers' Union) (South Australian Branch)\nCommunications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Electrical, Energy and Services Division, South Australian Branch)\nConstruction, Forestry and Maritime Employees Union (Manufacturing Division and Maritime Union of Australia Division, South Australian Branch)\nSA Unions\nSchedule 2—Prescribed employer associations\n1—Prescribed employer associations\nThe following are prescribed employer associations for the purposes of regulation 4A:\nAir Conditioning and Mechanical Contractors' Association of Australia Limited\nAssociation of Wall & Ceiling Industries of SA Inc\nAustralian Brick & Blocklaying Training Foundation Limited (trading as Brick and Block Careers)\nAWA-AGGA Limited (trading as Australian Glass and Window Association)\nCivil Contractors Federation South Australia Ltd\nConcrete Institute of Australia\nHousing Industry Association Limited\nLandscape Association of South Australia Incorporated (trading as Master Landscapers of South Australia)\nMaster Builders Association of SA Inc\nMaster Painters Australia Limited\nMaster Plumbers of South Australia Incorporated\nNational Electrical and Communications Association SA/NT (trading as NECA SA/NT)\nProperty Council of Australia Limited\nSwimming Pool and Spa Association of Australia Ltd\nUrban Development Institute of Australia (S.A. Division) Incorporated\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 these regulations (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.\nLegislation revoked by principal regulations\nThe Construction Industry Training Fund Regulations 2021 revoked the following:\nConstruction Industry Training Fund Regulations 2008\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2021\n113\nGazette 5.8.2021 p2975 \n1.9.2021: r 2\n2024\n97\nGazette 31.10.2024 p4047\n31.10.2024 except rr 3 & 5 to 7—1.1.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n31.10.2024\nr 3\n\n\nGST\ndeleted by 97/2024 r 3\n1.1.2025\nGST law\ndeleted by 97/2024 r 3\n1.1.2025\nr 4A\ninserted by 97/2024 r 4\n31.10.2024\nr 5\namended by 97/2024 r 5\n1.1.2025\nr 13\n\n\nr 13(3)\ndeleted by 97/2024 r 6\n1.1.2025\nr 16\ndeleted by 97/2024 r 7\n1.1.2025\nSch 1\nsubstituted by 97/2024 r 8\n31.10.2024\nSch 2\ninserted by 97/2024 r 8\n31.10.2024\nHistorical versions\n31.10.2024\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. The page returned an error, likely due to a broken or outdated hyperlink following a website update on 24 March 2026. No comparison between original intent and final form is possible without the document."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the title of the instrument, not its actual text","Complexity cannot be meaningfully assessed without access to the document","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Construction Industry Training Fund Regulations 2021 (SA) appear to be subordinate rules for a levy-based scheme requiring South Australian construction businesses to contribute to training funds, affecting builders, developers, contractors and apprentices by funding workforce training and compliance/audit mechanisms. \n\nThe source link returned a \"Page Not Found,\" so this summary is based solely on the instrument's title and typical regulatory content; consult the legislation website for the actual text."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The 2024 amendments significantly expanded the scope beyond the original 2021 regulations. The most substantial change was the insertion of regulation 4A and Schedules 1-2, which introduced an elaborate system of union and employer association involvement in Board appointments. This transformed the regulations from purely administrative/technical rules (thresholds, forms, exemptions) into a governance mechanism that entrenches specific industrial organisations in the Fund's management. The deletion of GST-related provisions (regulation 3) and other technical provisions suggests a shift from financial mechanics toward stakeholder management and industrial relations governance."},"complexity_factors":["Multiple cross-references to the parent Act (Construction Industry Training Fund Act 1993) requiring readers to flip between documents to understand full operation","Nested conditional logic in exemptions—mining work is excluded unless it's in housing/commercial sectors (regulation 13 and 15)","Sector definitions rely on negative exclusions (e.g., housing excludes motels, hostels, hospitals) creating boundary uncertainty","Dual threshold system ($100,000 for exemptions vs $50,000 for variations/adjustments) with different purposes","Board appointment rules split between employer and employee associations with mandatory consultation and eligibility requirements","Prescribed associations listed in schedules require external knowledge of union and industry body structures"],"plain_english_summary":"These regulations set the rules for how the Construction Industry Training Fund operates in South Australia. The Fund collects a levy (a type of tax) on building and construction work to pay for training workers in the industry.\n\n**Key things these regulations do:**\n\n- **Define the three sectors** of the construction industry: housing (homes), commercial (shops, offices, warehouses), and civil (roads, bridges, infrastructure).\n\n- **Set up the Board** that runs the Fund. The Minister must consult with specific employer groups (like Master Builders) when appointing some board members, and specific worker unions (like the CFMEU) when appointing others. Board nominees must actually be members or employees of these organisations.\n\n- **Set financial thresholds**: Work under $100,000 is exempt from the levy. Variations and adjustments to amounts paid have a $50,000 threshold.\n\n- **Set penalties** for late levy payments: up to $500 for small debts, $2,500 for medium debts, and $5,000 for large debts.\n\n- **Require record-keeping**: Project owners must keep records for 5 years, including forms, start dates, values, addresses, and work descriptions.\n\n- **Exempt certain work from the levy**: Specifically, mining and petroleum exploration work (like drilling, pipeline welding, and haul roads) is excluded, unless it's part of housing or commercial building projects. Maintenance work generally counts as construction work for levy purposes.\n\n- **List the specific unions and employer associations** that get a say in Board appointments.\n\n**Who it affects:** Anyone doing building or construction work in South Australia worth $100,000 or more, plus the unions and employer groups involved in the industry.\n\n**Why it matters:** It determines who pays for training the next generation of construction workers, how much they pay, and who gets to influence how the Fund is run."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The 2021 regulations replaced the 2008 regulations and were varied in 2024. Key scope changes in the 2024 variation include insertion of r 4A (formalising Ministerial consultation and restricting Board nominees to employees/members/officers of prescribed associations), substitution and updating of Schedule 1 and insertion of Schedule 2 (revising the lists of prescribed employee and employer associations), deletion of GST references, and amendments to prescribed amounts (see Legislative history entries for 2021 and 2024). These changes narrow and formalise who may be nominated to the Board and update procedural and monetary settings."},"complexity_factors":["Definitions of three industry sectors (housing, commercial, civil) that determine levy coverage and exclusions (r 4).","Detailed Board composition and mandatory consultation/nomination limits tying nominees to prescribed associations (r 4A; Schedules 1 & 2).","Board discretion to determine required information, forms and to require statutory declarations (r 6).","Multiple prescribed monetary thresholds for exemption, notice/adjustment and maximum penalties that affect compliance costs (r 5, r 7, rr 8–9).","Specific record‑keeping obligations and a 5‑year retention period, with limited exemption power for the Board (r 11).","Targeted exclusions for mining/petroleum activities and for plant/equipment used in those activities, with sectoral carve‑outs (rr 13, 15).","Offence provisions and fixed maximum fines both in the regulations and by reference to the Act (r 12; r 10).","Schedules listing prescribed employer and employee associations that operationally constrain nominations and consultation (Schedules 1 & 2).","Interplay with the parent Act: many regulatory rules operate by prescribing amounts, classes or procedural requirements referenced to Act sections (throughout)."],"plain_english_summary":"These regulations implement how the Construction Industry Training Fund works: they define the housing, commercial and civil sectors; set who the Minister must consult and which industry bodies supply Board nominees; prescribe monetary thresholds for exemptions, notices, adjustments and penalties; and require particular forms, record‑keeping (5 years) and offences. They affect project owners (who pay levies and must keep records), the Board (which decides forms and may require statutory declarations) and the listed employer and employee associations (consultation/nomination roles) (rr 4, 4A, 5–7, 6, 11)."}},"importantCases":[],"_links":{"self":"/api/acts/construction-industry-training-fund-regulations-2021","history":"/api/acts/construction-industry-training-fund-regulations-2021/history","analysis":"/api/acts/construction-industry-training-fund-regulations-2021/analysis","conflicts":"/api/acts/construction-industry-training-fund-regulations-2021/conflicts","importantCases":"/api/acts/construction-industry-training-fund-regulations-2021/important-cases","documents":"/api/acts/construction-industry-training-fund-regulations-2021/documents"}}