Building and Construction Industry Long Service Payments Act 1986
40Determination of cost of erecting building for purposes of this Part
Start here
Get a plain-English read of 40
Turn the raw legal text into a practical explanation grounded in Building and Construction Industry Long Service Payments Act 1986.
40 Determination of cost of erecting building for purposes of this Part
40 Determination of cost of erecting building for purposes of this Part
(1) For the purposes of this Part, the cost of erecting a building is—
(a) the cost as determined by—
(i) the consent authority granting the development consent referred to in section 37 (1) (a) (if a construction certificate is not required to be obtained), or
(ii) the certifying authority issuing the construction certificate referred to in section 37 (1) (a) (if a construction certificate is required to be obtained), or
(iii) the certifying authority issuing the complying development certificate referred to in section 37 (1) (a) (if a complying development certificate is issued), or
(b) where no such determination is made—the contract price or, if there is no contract price, the cost as determined by the Corporation.
(2) Notwithstanding subsection (1), if the Corporation is satisfied that the determination of a consent authority or certifying authority of the cost of erecting a building, or the contract price for erecting a building, is not a genuine and accurate estimate of the cost of erecting the building, that cost may be determined by the Corporation.
s 40: Am 1998 No 33, Sch 3 [4]; 2001 No 112, Sch 1.3 [3] [4].