Building and Construction Industry (Portable Long Service Leave) Act 1991
sec.82Payment of levy by instalments
Start here
Get a plain-English read of sec.82
Turn the raw legal text into a practical explanation grounded in Building and Construction Industry (Portable Long Service Leave) Act 1991.
sec.82 Payment of levy by instalments
Despite section 75 , the person liable to pay levy may apply in writing to the authority for approval to pay the levy by instalments under this section if— the cost of the building and construction work is more than an amount prescribed under a regulation; and the time reasonably needed to perform the work is longer than 1 year. The authority may approve or refuse the person’s application to pay the levy by instalments. If the authority approves the person’s application to pay the levy by instalments, the first instalment must not be less than the levy that would be payable for building and construction work costing the amount prescribed by regulation under subsection (1) (a) . Each subsequent instalment of levy for the work is the amount decided by the authority and notified to the person liable to pay the levy. An instalment is payable— if it is the first instalment—before the time the levy would be payable if it were not payable by instalments; and for other instalments—at the times before the finish of the building and construction work decided by the authority and notified to the person. If a person pays levy by instalments, an instalment of levy that is not payable— is not recoverable by the authority; and does not bear interest under section 84 . If a person fails to pay an instalment of levy at or before the time for its payment— the total amount of instalments unpaid on that date becomes payable to, and recoverable by, the authority; and section 84 applies in respect of the unpaid balance of the levy; as if the person were not paying levy by instalments in accordance with this section. The authority may accept the payment of an instalment of levy that is made after the time for its payment. For the purposes of this section, an instalment mentioned in subsection (8) is, if the authority so directs, taken to have been paid at the time for its payment. s 82 amd 1993 No. 66 ss 10 , 3 sch ; 1994 No. 65 ss 27 , 3 sch ; 2000 No. 61 s 58 ; 2005 No. 27 s 3 sch ; 2007 No. 36 s 2 sch (sec.82-ssec.1) Despite section 75 , the person liable to pay levy may apply in writing to the authority for approval to pay the levy by instalments under this section if— the cost of the building and construction work is more than an amount prescribed under a regulation; and the time reasonably needed to perform the work is longer than 1 year. (sec.82-ssec.2) The authority may approve or refuse the person’s application to pay the levy by instalments. (sec.82-ssec.3) If the authority approves the person’s application to pay the levy by instalments, the first instalment must not be less than the levy that would be payable for building and construction work costing the amount prescribed by regulation under subsection (1) (a) . (sec.82-ssec.4) Each subsequent instalment of levy for the work is the amount decided by the authority and notified to the person liable to pay the levy. (sec.82-ssec.5) An instalment is payable— if it is the first instalment—before the time the levy would be payable if it were not payable by instalments; and for other instalments—at the times before the finish of the building and construction work decided by the authority and notified to the person. (sec.82-ssec.6) If a person pays levy by instalments, an instalment of levy that is not payable— is not recoverable by the authority; and does not bear interest under section 84 . (sec.82-ssec.7) If a person fails to pay an instalment of levy at or before the time for its payment— the total amount of instalments unpaid on that date becomes payable to, and recoverable by, the authority; and section 84 applies in respect of the unpaid balance of the levy; as if the person were not paying levy by instalments in accordance with this section. (sec.82-ssec.8) The authority may accept the payment of an instalment of levy that is made after the time for its payment. (sec.82-ssec.9) For the purposes of this section, an instalment mentioned in subsection (8) is, if the authority so directs, taken to have been paid at the time for its payment.