Building and Construction Industry (Portable Long Service Leave) Act 1991
sec.80Additional provisions about levy
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sec.80 Additional provisions about levy
This section applies in relation to building and construction work for which the authority believes, on reasonable grounds, that levy is payable. The authority may, by written notice, require anyone the authority reasonably believes has information or documents about the work, to give the authority the information and documents about the work, including the actual cost of carrying out the work, asked for in the notice within the reasonable time stated in the notice. A person to whom a notice under subsection (2) is given must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. If a court finds that a person has contravened subsection (3) , the court may, in addition to any order the court may make imposing a penalty, make any other order the court considers appropriate. The person must comply with the order, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. If— the levy payable for the actual cost of carrying out the work is more than the levy that has been paid for the work; and the difference between the cost of the work for which levy has been paid and the cost of the work for which levy is payable is more than the amount prescribed under a regulation; then, despite anything in section 74 , each person for whom any of the work was or is to be done must, on receiving written notice from the authority, pay to the authority without delay the amount of additional levy decided by the authority as fairly attributable to the work done or to be done for the person. Maximum penalty—40 penalty units. Payment of additional levy may be claimed and ordered in a proceeding for— recovery of the additional levy brought in a court of competent jurisdiction; or an offence against subsection (6) brought against the person liable to pay the additional levy. The additional levy must be worked out under a regulation. s 80 amd 1993 No. 66 s 3 sch sub 1994 No. 65 s 26 ; 2000 No. 61 s 57 amd 2005 No. 27 ss 24 , 3 sch ; 2007 No. 36 s 2 sch (sec.80-ssec.1) This section applies in relation to building and construction work for which the authority believes, on reasonable grounds, that levy is payable. (sec.80-ssec.2) The authority may, by written notice, require anyone the authority reasonably believes has information or documents about the work, to give the authority the information and documents about the work, including the actual cost of carrying out the work, asked for in the notice within the reasonable time stated in the notice. (sec.80-ssec.3) A person to whom a notice under subsection (2) is given must comply with the notice, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (sec.80-ssec.4) If a court finds that a person has contravened subsection (3) , the court may, in addition to any order the court may make imposing a penalty, make any other order the court considers appropriate. (sec.80-ssec.5) The person must comply with the order, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (sec.80-ssec.6) If— the levy payable for the actual cost of carrying out the work is more than the levy that has been paid for the work; and the difference between the cost of the work for which levy has been paid and the cost of the work for which levy is payable is more than the amount prescribed under a regulation; then, despite anything in section 74 , each person for whom any of the work was or is to be done must, on receiving written notice from the authority, pay to the authority without delay the amount of additional levy decided by the authority as fairly attributable to the work done or to be done for the person. Maximum penalty—40 penalty units. (sec.80-ssec.7) Payment of additional levy may be claimed and ordered in a proceeding for— recovery of the additional levy brought in a court of competent jurisdiction; or an offence against subsection (6) brought against the person liable to pay the additional levy. (sec.80-ssec.8) The additional levy must be worked out under a regulation.