Building and Construction Industry Training Fund Act 1990
In ForceTAS
Jurisdiction
Tasmania
Act Number
38 of 1990
Collection
act
Plain English Summary
6/10 complexity
This Act creates a Tasmanian Building and Construction Industry Training Board that collects a levy on building or construction work to finance accredited industry training through a dedicated Fund. Project owners must pay the levy before permits are issued or work starts (ss 25–27); the Board prepares annual training plans and administers funds (ss 34, 36). The Minister has direction and intervention powers over the Board, and authorised officers can inspect sites and enforce payment with penalties (ss 10A, 11, 38).
Mechanically, this Act creates a levy-based funding and governance apparatus for industry training in the building and construction sector. It does the following, in statutory terms:
Establishes a Tasmanian Building and Construction Industry Training Board as a corporate body with powers to collect a statutory levy, control and administer a dedicated Building and Construction Industry Training Fund and develop and implement an annual training plan (ss 4, 8, 36).
Imposes a levy on the value of building or construction work that commences after commencement of the Act; the levy is payable by the project owner before issue of a building or plumbing permit or, if a permit is not required, before commencing works (ss 21, 25, 27).
Fixes a base levy rate of 0.2 per cent of the estimated value of works with the Minister empowered, on the Board’s recommendation, to increase it to up to 0.5 per cent by Gazette notice (s 22).
Defines how the “estimated value” is to be calculated, specifying included components (labour, materials, required components, overheads, professional fees, profit margin subject to permit authority approval and prescribed components) and provides mechanisms for Board review and variation of an estimate (s 23).
Creates a Fund into which levies, penalties and investment returns are paid and from which training plan implementation, Board administration and collection agency remuneration are paid (s 36).
Gives authorised officers inspection and entry powers to verify compliance and permits recovery of unpaid levies through courts; it also creates specific criminal and civil penalties for non-payment, false information and obstruction (ss 32, 33, 38, 28).
Provides extensive governance controls: Ministerial direction and power to require compliance, dismiss members, or appoint an administrator; Board obligations on accounts, annual reporting and public consultation; and procedures for committees, meetings and disclosure of interests (ss 10A, 11-13, 10, 40, 8A; Schedules 4 and 5).
Current sections
Direct links to the current provisions in Building and Construction Industry Training Fund Act 1990.
This Act commences on a day to be fixed by proclamation.
3
Interpretation
3 Interpretation
(1) *[Section 3 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ]**[Section 3 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –
the Board means the Tasmanian Building and Construction Industry Training Board continued in existence by virtue of section 4(1) ;
(a) the person for whose direct benefit the building or construction work is done; or
(b) if the person referred to in paragraph (a) has engaged another person to carry out or cause to be carried out all of the building or construction work, the person so engaged;
the regulations means the regulations made and in force under this Act;
training plan means a building and construction industry training plan prepared under section 34(1) .
(1) The Board consists of the following members appointed by the Minister:
(a) one person who is appointed as chairperson of the Board;
(b) three persons who have knowledge and understanding of the interests of employees within the building and construction industry;
(c) five persons who between them have knowledge and experience of the following:
(i) residential building;
(ii) non-residential building;
(iii) civil construction;
(iv) building services;
(v) building professions.
(2) Before appointing a member, the Minister is to give notice in at least 3 daily newspapers published and circulating in the State that persons interested in being members may provide written expressions of interest to the Minister within the period specified in the notice.
(3) The Board is to contain, if practicable –
(a) at least one member from each of the northern region, the north-western region and the southern region; and
(b) a balance of genders; and
(c) members with knowledge and skills in respect of –
(i) all sections within the building and construction industry; and
(ii) vocational education and training; and
(iii) policy development and strategic planning.
(4) Schedule 4 has effect in relation to membership of the Board.
(5) Schedule 5 has effect in relation to meetings of the Board.
6
Board not to represent the Crown
6 Board not to represent the Crown
The Board does not represent, and is not part of, the Crown.
(a) to promote training, and training pathways, in the building and construction industry;
(b) to promote the Board, and its aims and activities, to the building and construction industry;
(c) to liaise with appropriate training organisations and other bodies;
(d) to advise on, and provide input into, the development of training, and training pathways, within the building and construction industry;
(e) to review and evaluate existing training, and training pathways, within the building and construction industry;
(f) to promote equality of access to training, and training pathways, within the building and construction industry;
(g) to promote productivity, career opportunities and work safety within the building and construction industry through training and workforce development planning and pathways;
(h) to facilitate access to employer-provided training in the building and construction industry;
(i) to facilitate the equitable distribution, amongst employers in the building and construction industry, of resources relating to employment-related training;
(j) to facilitate the training of builders to improve skills and knowledge within the building and construction industry.
8
Powers of the Board
8 Powers of the Board
The Board has the following powers:
(a) to collect the levy;
(b) to control and administer the Fund;
(c) to develop and implement a training plan in respect of each financial year;
(d) to appoint such sub-committees as may be necessary to assist it in the performance of its functions –
and may do everything necessary or convenient for it to do in, or in connection with, the performance of its functions.
(1) The Board may establish one or more committees to advise and assist the Board in the performance and exercise of its functions and powers under this Act.
(2) A committee consists of such persons as the Board appoints.
(3) A member of the Board may be a member of a committee.
(4) A member of a committee is entitled to be reimbursed for such expenses as the Minister determines.
(5) A member of a committee holds office on such conditions in relation to matters not provided for by this Act as are specified in his or her instrument of appointment.
(6) At any time, the Board may abolish a committee.
(7) The Board is to inform the Minister in writing if any committee is established, or abolished, under this section.
(1) A committee must keep accurate minutes of its meetings.
(2) Except as otherwise provided by the Board, a committee may regulate its own proceedings.
Division 2
Accounts of the Board
Division 2 Accounts of the Board
10
Accounts of the Board
10 Accounts of the Board
(1) The Board shall keep proper accounts and records in relation to its administration of this Act and shall keep separate accounts for the provision of training.
(1) The Minister may direct that the Board exercise or perform any of its powers or functions, including the power of delegation.
(2) A direction given under subsection (1) may include any conditions that the Minister thinks fit.
(3) The Board must comply with a direction given by the Minister.
11
Powers of Minister
11 Powers of Minister
(1) If the Minister is satisfied that the Board has failed to comply with any provision of this Act or a training plan, the Minister may do one or more of the following:
(1) The Minister shall, before exercising the powers conferred by section 11 –
(a) give the Board notice in writing of the intended action and the reasons for it; and
(b) consider any submissions, whether oral or in writing, made to the Minister by the Board within 7 days after the giving of the notice or any further time specified in the notice.
(2) If the Minister proposes to censure or dismiss the Board or appoint an administrator of the Board, the Minister shall –
(a) give notice in writing of the censure, dismissal or appointment to the Board; and
(b) cause to be laid on the table of each House ofParliament within 7 sitting days of that House after the notice is given to the Board –
(i) a copy of the notice; and
(ii) a report of the circumstances leading to the action; and
(iii) a copy of any written submission made by the Board relating to that action.
(a) the Board has failed to perform a duty arising from a provision of this Act or a training plan; or
(b) it is in the interests of the building and construction industry that an administrator be appointed.
(2) An appointment of an administrator, unless sooner revoked under subsection (7) or terminated in accordance with the regulations, remains in force for a period of one year.
(4) On the appointment of an administrator, the Minister shall serve on the Board a copy of the instrument of the appointment and on the service of the copy of that instrument –
(a) the functions of the Board shall 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
(b) the members of the Board cease to hold office; and
(c) the administrator shall assume, and be responsible for, the management of the Board; and
(d) any delegation made by the Board under section 9 ceases to have effect.
(5) Subject to this section, an administrator –
(a) shall, 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
(b) shall, 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.
(6) An administrator of the Board shall be deemed to have vacated office as such –
(a) when the administrator dies; or
(b) if the administrator becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of the remuneration or estate of the administrator for their benefit; or
(c) if the administrator is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for a period of not less than 12 months, or if the administrator is convicted elsewhere than in Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable; or
(a) the Board shall be reconstituted as provided by section 5 and in accordance with the regulations; and
(b) the Board shall again perform its functions and exercise its powers as provided by this Act.
17
Saving of acts of Board
17 Saving of acts of Board
Nothing done by the Board is in any way affected by the dismissal of the members of the Board under section 12 or the appointment of an administrator under section 13 .
(1) The Board may appoint such persons or bodies to be collection agencies for the purposes of this Act as the Board thinks fit.
(2) A collection agency shall collect the levy and pay it to the Board.
(3) A collection agency is entitled to receive from the Board the remuneration agreed between the Board and the agency for the carrying out of the agency's functions under this section.
Part 3
Building and Construction Industry Training Levy
Part 3 Building and Construction Industry Training Levy
[Section 22 Amended by No. 54 of 2004, s. 18, Applied:01 Mar 2005] The rate of the levy is 0·2% of the estimated value of building or construction work, or such higher percentage not exceeding 0·5% of that value, as the Minister, on the recommendation of the Board, may from time to time determine by notice published in the Gazette.
23
Estimated value of building or construction work
23 Estimated value of building or construction work
required component means any fixtures, fittings, accessories, components, plant or equipment, other than –
(a) plant or equipment installed solely for the purposes of a process that forms part of building or construction work; and
(b) plant or equipment that is not installed as an integral part of a structure or building; and
(c) fixtures, fittings, accessories, components, plant or equipment prescribed as being excluded.
(2) The estimated value of building or construction work is –
(a) the contract price of the building or construction work, being a price that includes a value for each of the following components:
(i) the labour, necessary services and fees, including professional fees, payable in respect of the building or construction work;
(ii) the building or construction materials;
(iii) required components that are installed as part of, or in association with, the building or construction work;
(iv) a profit margin that is not greater than that approved by the permit authority as reasonable;
(v) any overheads;
(vi) any other prescribed component; or
(b) if there is no contract or the contract price does not cover the above components, the value of the building or construction work as determined by the permit authority after taking into account the value of those components; or
(c) the value agreed by the Board and the project owner.
(3) A person may apply to the Board to have the estimated value of building or construction work set under subsection (2) reviewed.
(4) The Board must review the estimated value of building or construction work on receipt of an application under subsection (3) within 30 days after receiving the application.
(5) On a review of an application, the Board may –
(a) confirm the estimated value of building or construction work set under this section; or
(b) vary the estimated value of building or construction work set under this section.
(6) The Board must notify its decision to the applicant within 7 days after reviewing the application under subsection (5) .
[Section 25 Amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004] The project owner in respect of any building or construction work is liable to pay the levy on that building or construction work before the issue of a building permit or plumbing permit in respect of that work.
(2) A penalty imposed under subsection (1) does not affect the liability of a project owner for payment of the levy.
29
Notice of variation
29 Notice of variation
[Section 29 Amended by No. 54 of 2004, s. 22, Applied:01 Mar 2005] A project owner shall notify the Board or a collection agency within 30 days after the completion of building or construction work, if the actual value of the work exceeds by an amount of $25 000 or such other amount as may be prescribed the estimated value of the work.
Penalty: A fine not exceeding the additional amount of the levy payable.
30
Adjustment of amount paid
30 Adjustment of amount paid
[Section 30 Amended by No. 54 of 2004, s. 23, Applied:01 Mar 2005] If the Board is satisfied that the actual value of the building or construction work on completion varies by an amount of $25 000 or such other amount as may be prescribed from the estimated value–
(a) the Board shall refund to the project owner an amount equal to the excess levy paid; or
(b) [Section 30 Amended by No. 54 of 2004, s. 23, Applied:01 Mar 2005] the project owner shall pay to the Board or a collection agency 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.
31
Cancellation of project
31 Cancellation of project
(1) The 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.
(2) On receipt of a notice under subsection (1) and on proof to the satisfaction of the Board, the Board shall refund to the project owner the amount of the levy paid in respect of the work or part of the work not carried out.
32
Recovery of levy, &c.
32 Recovery of levy, &c.
The Board may recover in any court of competent jurisdiction –
(a) amounts of the levy that are due for payment; and
(b) other amounts due to the Board under this Part.
33
Offence to provide false information
33 Offence to provide false information
[Section 33 Amended by No. 54 of 2004, s. 24, Applied:01 Mar 2005] A 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 value is guilty of an offence.
Penalty: A fine not exceeding 3 times the amount of the levy required to be paid in respect of that work.
Part 4
Building and Construction Industry Training Plans
Part 4 Building and Construction Industry Training Plans
34
Building and construction industry training plans
34 Building and construction industry training plans
(1) The Board shall –
(a) in respect of the financial year commencing on 1 July 1991, as soon as practicable after the commencement of this Act; and
(b) in respect of each succeeding financial year, before 31 May last preceding that financial year –
prepare a building and construction industry training plan for the purpose of improving the quality of training and to increase the levels of skills in the building and construction industry.
(2) A training plan –
(a) shall set out priorities for employment related training to be funded from the Fund; and
(b) shall provide for the allocation of money from the Fund for the provision of training.
(3) In preparing a training plan the Board shall provide for the allocation of the resources of the Fund only in respect of skills formation accredited or approved in respect of the building and construction industry.
(1) The Board may, in writing, appoint any person to be an authorized officer for the purposes of this Act.
(2) The Board shall issuean identity card to each authorized officer.
(3) An identity card –
(a) shall contain a photograph of the authorized officer; and
(b) shall be signed by the authorized officer and a member of the Board.
(4) An authorized officer shall produce an identity card upon being requested to do so in the administration of this Act but any action taken by an authorized officer is not invalidated by failure to do so.
38
Powers of entry and inspection
38 Powers of entry and inspection
(1) An authorized officer of the Board may, for the purposes of this Act –
(a) enter at all reasonable times, inspect and examine any site where building or construction work is being carried out; and
(b) conduct any examinations and enquiries necessary to ascertain whether this Act has been complied with; and
(c) require the production of any documents relevant to the payment of the levy, inspect and examine them and take copies or extracts from them.
(2) A person who obstructs or hinders an authorized officer in the performance of the officer's duty is guilty of an offence.
(3) A person who gives false or misleading information to an authorized officer in the performance of the officer's duty is guilty of an offence.
Penalty: A fine not exceeding 30 penalty units.
39
Immunity for members of Board
39 Immunity for members of Board
(1) An action does not lie against a member of the Board for anything done or omitted to be done in good faith in the course of giving effect to, or purporting to give effect to, the provisions of this Act.
(2) An action which would, but for subsection (1) , lie against a member of the Board may be brought against the Board.
40
Annual report by Board
40 Annual report by Board
(1) The Board shall during the month of October in each year prepare and forward to the Minister a report on the performance of the functions and the exercise of the powers of the Board under this Act in respect of the preceding financial year.
(2) The report shall include financial statements as to the transactions of the Board in respect of that financial year.
(3) The Minister shall cause a copy of the report to be laid before each House of Parliament within 7 sitting days after receipt of the report.
41
Contracts to evade levy void
41 Contracts to evade levy void
A 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 –
(a) altering the incidence of the levy; or
(b) relieving any person from liability to pay the levy; or
(c) defeating, evading or avoiding the levy –
is 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.
42
Regulations
42 Regulations
(1) The Governor may, on the recommendation of the Board, make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may provide for –
(g) prescribing procedures for giving notice to the Board and for refund of the levy paid in respect of any building or construction work that is not carried out; and
(a) a tank or other structure associated with the catchment, collection, storage or supply of water; and
(b) a plant, drain, facility, system, equipment or structure associated with the drainage or treatment of sewage, effluence or stormwater; and
(c) a bridge, viaduct, aqueduct or tunnel; and
(d) a chimney stack or cooling tower; and
(e) an aerial or mast associated with the transmission or reception of radio, television or communications; and
(f) an aerial or mast associated with the absorption or reflection of lightning; and
(g) a mast or tower associated with the transmission of electricity; and
(h) a silo; and
(i) a dock, jetty, pier, terminal, wharf, boat ramp or mooring; and
(j) a pipeline including a pipeline placed in the ground; and
(k) a structure, plant or facility associated with the production, storage, conveyance or distribution of oil, gas, coal or other minerals; and
(l) a fence.
2. Building or construction work on a site includes the following work for that site:
(a) the construction, erection, alteration, repair, renovation, demolition or removal of a building or structure;
(b) the construction, alteration or repair of a road, street, parking area, footpath, thoroughfare for pedestrians or vehicles, kerbing, guttering, roundabout, median strip, road barrier or other similar road works;
(c) the construction, alteration, repair, demolition or removal of –
(i) a railway, bus area or tramway, or a structure, signal or platform that is connected with a railway, bus area or tramway; or
(ii) a harbour, breakwater, retaining wall or marina; or
(iii) a dam, weir, reservoir or other embankment or structure for the catchment, collection, storage, diversion or control of water;
(d) the construction, alteration, repair or removal of an aircraft runway or a landing pad;
(e) the performance of excavation work;
(f) the laying of pipes and other prefabricated material in the ground;
(g) the 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;
(h) electrical or mechanical service work including work that is related to the construction, erection, installation, alteration, repair, servicing or dismantling of a plant, plant facility or equipment;
(i) the construction, erection, installation, alteration, repair, renovation, demolition or removal of –
(i) a lift or escalator; or
(ii) an airconditioning, ventilation or refrigeration system or equipment;
(j) the construction, repair, alteration or removal of a playing field, golf course, racecourse, stadium, swimming pool or other sporting or recreational facility;
(k) landscaping or the construction, alteration or removal of a park or garden;
(l) the removal of asbestos from a building or from any machinery, plant or equipment located in or on a building;
(m) the alteration of the surface of works referred to in paragraph (a) , (b) , (c) or (d) by painting, rendering, tarring, marking or other form of resurfacing;
(n) site preparation work, including pile driving, that is preliminary work to the performance of any work in the above paragraphs;
(o) other work prescribed as being building or construction work for the purposes of this Act.
3. Building or construction work does not include any of the following work:
(a) if the principal business activity of a person or employee is not building or construction work, maintenance or repair work carried out –
(i) by that person for his or her own benefit; or
(ii) by that employee for the benefit of his or her employer;
(b) the construction, alteration, repair, demolition or removal of a fence that is on, or forms part of the boundary of, agricultural land;
(c) work directly associated with the care, conservation or rehabilitation of agricultural land or of land that has been agricultural land;
(d) work that involves the planting, removal or maintenance of any plant or other living thing;
(e) other work prescribed as not being building or construction work for the purpose of this Act.
[Schedule 4 Amended by No. 54 of 2004, s. 32, Applied:01 Mar 2005] A member of the Board is appointed for such term, not exceeding 3 years, as is specified in the instrument of the member's appointment and shall, if otherwise qualified, be eligible for re-appointment from time to time for a term, not exceeding 3 years, specified in the instrument of the member's re-appointment.
2. Provisions relating to members
Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of that person's time to the duties of that person's office, that provision shall not operate to disqualify that person from holding that office and also the office of a member of the Board.
(1) If a member of the Board is absent from, or is unable to perform the functions of, the office of member, the Minister may appoint another person to act in the place of that member on the Board.
(1) A member of the Board is entitled to be paid such remuneration and allowances as the Minister determines.
(2) A member of the Board who is a State Service employee or a State Service officer is not entitled to remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000 .
(3) A member of the Board holds office on such conditions in relation to matters not provided for by this Act as are specified in the member's instrument of appointment.
(2) The Minister may remove a member of the Board from office if the member –
(a) is absent from 3 consecutive meetings of the Board without the permission of the other members of the Board unless the member –
(i) is on leave granted by the Minister; or
(ii) is excused by the Minister for the member's absence from those meetings within 3 weeks after the last of those meetings; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or
(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or
(d) has benefited from, or has claimed to be entitled to benefit from, the profit of, or any benefit arising from, any contract, agreement or arrangement made by or on behalf of the Board, other than a contract, agreement or arrangement for a service ordinarily supplied by the Board on the same terms as that service is supplied to other persons in the same situation; or
(e) fails to disclose an interest as required under clause 3 of Schedule 5 except where the member's interest is as –
(i) a member of the public; or
(ii) an elector of, or ratepayer to, any municipality; or
(iii) a shareholder in a company in which there were at that time more than 20 members and of which the member was not at that time a director or officer.
(3) The Minister may remove a member of the Board from office if satisfied that the member is unable to perform adequately or competently the duties of office.
(4) A member of the Board must not be removed from office otherwise than in accordance with this clause.
7. Filling of casual vacancies
[Schedule 4 Amended by No. 54 of 2004, s. 32, Applied:01 Mar 2005] On the occurrence of a vacancy in the office of a member of the Board otherwise than by the expiration of the term for which the member was appointed, the Minister may appoint a person to the vacant office for the balance of the member's term of office.
8. Validity of proceedings, &c.
(1) No act or proceeding of the Board or of any person acting pursuant to any direction of the Board is invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Board.
(2) All acts and proceedings of the Board or of any person acting pursuant to any direction of the Board are, notwithstanding the subsequent discovery of any defect in the appointment of any member of the Board or that any person was disqualified from acting as, or incapable of being, a member of the Board, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Board had been fully constituted.
9. Presumptions
In any proceedings by or against the Board, unless evidence is given to the contrary, no proof shall be required of –
(a) the constitution of the Board; or
(b) any resolution of the Board; or
(c) the appointment of any member of the Board; or
(d) the presence of a quorum at any meeting of the Board.
SCHEDULE 5 - Meetings of the B
SCHEDULE 5 - Meetings of the Board
SCHEDULE 5 - Meetings of the B SCHEDULE 5 - Meetings of the Board
(2) The chairperson of the Board or, in the absence of the chairperson, the deputy chairperson shall preside at any meeting of the Board at which the chairperson or, as the case may require, the deputy chairperson is present.
(3) If the chairperson or deputy chairperson is not present at a meeting of the Board, the members present shall appoint a member to preside at the meeting.
(1) If a member of the Board has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Board, the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to the Board.
Penalty: Fine not exceeding 100 penalty units.
(2) Unless the Board otherwise determines, a member of the Board who has made a disclosure under subclause (1) in relation to a matter must not –
(a) be present during any deliberation of the Board in relation to the matter; or
(b) take part in any decision of the Board in relation to the matter.
(3) For the purposes of making a determination under subclause (2) , the member of the Board to whom the determination relates must not –
(a) be present during any deliberation of the Board for the purpose of making the determination; or
(a) in respect of a contract for goods or services supplied by the Board if those goods or services are ordinarily supplied by the Board and are supplied on the same terms as they are ordinarily supplied to other persons in the same situation; or
(b) in respect of an interest that arises only because the member is also a State Service officer or State Service employee.
4. Annual General Meetings
(1) The Board shall, in each year, hold an annual general meeting.
(2) The annual general meeting shall be held on such day not later than 3 months after the close of each financial year as the Board may determine.
(3) The annual general meeting shall be in addition to any other general meeting that may be held in the same year.
(3) A requisition for a special general meeting shall state the objects of the meeting, shall be signed by the requisitionists and deposited at the office of the Board and may consist of several documents in similar form, each signed by one or more of the requisitionists.
(4) If the Board does not cause a special general meeting to be held within 21 days from the day on which a requisition for that meeting is deposited at the office of the Board, the requisitionists, or any of them, may convene the meeting; but any meeting so convened shall not be held after 3 months from the day of the deposit of the requisition.
6. General procedure
The procedure for the calling of, and for the conduct of business at, meetings of the Board shall, subject to any procedure that is specified in this Schedule, be as determined by the Board.
SCHEDULE 6 - Savings and Trans
SCHEDULE 6 - Savings and Transitional
SCHEDULE 6 - Savings and Trans SCHEDULE 6 - Savings and Transitional
commencement day means the day on which the Building and Construction Industry Training Fund Amendment Act 2004 commences;
current Act means this Act as in force immediately after the commencement of the Building and Construction Industry Training Fund Amendment Act 2004;
former Act means this Act as in force immediately before the commencement day;
former Board means the Tasmanian Building and Construction Industry Training Board continued under section 4 of the former Act;
Management Committee means the Committee constituted under Schedule 6 to the former Act;
new Board means the Tasmanian Building and Construction Industry Training Board established under section 4 of the current Act.
2. Abolition of Management Committee
(1) The Management Committee is abolished.
(2) The appointment of each member of the Management Committee is revoked.
3. Abolition of former Board
(1) Despite the repeal of section 4 of the former Act, the former Board continues for a period of 31 days after the commencement day and is abolished at the end of that period.
(2) The appointment of each member of the former Board is revoked on the day the former Board is abolished.
4. Annual report
(1) In this clause –
transition year means the financial year during which the commencement day falls.
(2) For the purposes of the annual report required under section 40 of the current Act, the new Board is to prepare the annual report for the transition year.
(3) The former Board is to provide, in respect of the portion of the transition year that precedes the commencement day, a report that includes all of the information that is required under section 40 of the current Act to be included in an annual report.
(4) The former Board is to provide the report under subclause (3) to the new Board within 30 days of the commencement day.
(5) The new Board is to include the report provided by the former Board under subclause (3) in the annual report for the transition year.
5. Decisions, &c., of former Board and Management Committee
(1) A decision, action, policy or delegation made or done by the former Board is taken to be a decision, action, policy or delegation made or done by the new Board.
(2) A decision, action, policy or delegation made or done by the Management Committee is taken to be a decision, action, policy or delegation made or done by the new Board.
6. Certain building or construction work exempt
(1) If building or construction work initiated before the commencement day was exempt from the levy payable under the former Act, that building or construction work is exempt from the levy payable under the current Act to the extent the work was exempt under the former Act.
(2) For the purposes of this clause, building or construction work is taken to be initiated if a contract for the undertaking of the building or construction work has been made by the parties and assessed for the purposes of the levy payable under the former Act.
(3) The Minister may determine that building or construction work, or a stage of building or construction work –
(a) forms part of building or construction work that was exempt from the payment of the levy under the former Act; and
(b) is exempt from the payment of the levy under the current Act.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Building and Construction Industry Training Fund Act 1990 .
2 Commencement
2 Commencement
This Act commences on a day to be fixed by proclamation.
3 Interpretation
3 Interpretation
(1) *[Section 3 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ]**[Section 3 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]*In this Act, unless the contrary intention appears –
the Board means the Tasmanian Building and Construction Industry Training Board continued in existence by virtue of section 4(1) ;
[Section 3 Subsection (1) amended by No. 54 of 2004, s. 5, Applied:01 Mar 2005]
[Section 3 Subsection (1) amended by No. 54 of 2004, s. 5, Applied:01 Mar 2005]building or construction work –
(a) includes building or construction work specified in item 2 of Schedule 2 ; but
(b) does not include building or construction work specified in item 3 of Schedule 2 ;
[Section 3 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004][Section 3 Subsection (1) amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017]building permit has the same meaning as in the Building Act 2016 ;
[Section 3 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004]
collection agency means a person or body appointed under section 20 ;
include duties;
Allows regulations to prescribe payment procedures, required records, information to be supplied by project owners and other administrative matters (s 42).
The Act also states the policy purpose claims that underlie these mechanics. The Board is expressly the Minister’s principal adviser on workforce development in the building and construction industry and is to advise on skills requirements and training arrangements (s 7(1)). The Board’s enumerated functions extend beyond advice to active promotion and facilitation of training, equality of access, productivity, career opportunities, workplace safety through training, equitable distribution of training resources and facilitating employer-provided training (s 7(2)). The Board must prepare an annual training plan specifying priorities and allocation of Fund resources, and submit that plan for Ministerial approval through the Secretary responsible for training and workforce development (s 34(1)-(6)). Those stated objectives are the statutory rationale; the rest of the Act specifies how a levy-financed dedicated fund, a Board charged with planning and administration, and enforcement mechanisms are to operate in order to pursue those objectives.
The Act therefore converts a stated public policy objective about training and workforce development into a statutory tax-and-spend structure targeted at building and construction projects, with process controls and ministerial oversight. The remainder of this deep dive unpacks the main concepts, who carries the burdens, the duties and rights created, enforcement architecture, interactions with other statutes, the amendment record recorded in the text, any litigation record present in the source, practical compliance risks and a compliance checklist driven from the statutory text.
Main concepts
The Act relies on a small set of interlocking legal constructs. Each is defined or operationalised in the provisions provided.
Levy, Fund and Board (ss 3, 8, 36). The “levy” is the statutory charge imposed under Part 3 (s 3 definition; s 21). The “Fund” is the Building and Construction Industry Training Fund established under s 36(1) and administered by the Board (s 36(2)-(4)). The Board is the Tasmanian Building and Construction Industry Training Board established by s 4. The Board is corporate, may hold property, sue and be sued and does not represent the Crown (ss 4(1)-(2), 6). The Board’s powers include collection of the levy and control of the Fund (s 8).
Project owner (s 3 definition). The Act defines “project owner” for any building or construction work as the person for whose direct benefit the work is done, or, where that person engages another to carry out all the work, the person engaged (s 3). The project owner is the person liable for the levy (s 25). That allocation makes the statutory burden reside with an identifiable commercial party rather than the contracting builder.
Building or construction work (s 3; Schedule 2). The Act uses a detailed Schedule 2 to define the scope of chargeable work. Schedule 2(2) enumerates works that are included (construction, alteration, demolition, road works, railway/bus/tram works, dams, runways, excavation, landscaping, asbestos removal, site preparation, plant and service systems, lifts, HVAC, and other prescribed works). Schedule 2(3) lists express exclusions, such as certain agricultural fencing, agricultural land conservation works, planting/maintenance of living plants and maintenance or repair where the principal business activity of the person is not building or construction work and the work is for that person’s own benefit or for their employer. The Governor has power to amend Schedule 2 by order under s 3(2).
Estimated value (s 23). The levy base is the estimated value of the works. Section 23(2) prescribes that the estimate is the contract price that includes values for labour, services and fees (including professional fees), materials, required components, a profit margin not greater than that approved by the permit authority as reasonable, overheads and other prescribed components. If there is no contract, or the contract does not cover those components, the permit authority determines the value, or the estimate can be agreed between the Board and the project owner (s 23(2)(b)-(c)). The Board must review estimates on application within 30 days and notify the applicant within 7 days of its decision (s 23(3)-(6)).
Permit authority and permits (s 3 definitions cross-referencing Building Act 2016). The levy is payable before issue of a building permit or plumbing permit (s 25). The Act imports the definitions of “building permit”, “permit authority” and “plumbing permit” from the Building Act 2016 (s 3).
Exemption threshold (s 24). Work valued at or below $20 000, or any other amount prescribed, is exempt from the levy. That creates a de minimis exemption threshold and reserves power to the regulations to alter it (s 24).
Collection agencies (s 3 definition; s 20). The Board may appoint collection agencies to collect levies. Collection agencies must pay levies to the Board and are entitled to agreed remuneration (s 20(1)-(3)). Regulations may prescribe manner of payment and ensure payment before permit is issued (s 42(2)(f)).
Training plans (s 34). The Board must prepare training plans annually, setting priorities for employment-related training to be funded from the Fund and allocation of Fund money. The Board submits the plan to the Secretary responsible for training and workforce development for the Minister’s approval and must implement any approved plan (s 34(1)-(6)). The Minister may request revision prior to approval and may agree with the Board to amend a plan (ss 34(5), 35).
Ministerial control and administration (ss 10A, 11-13). The Minister can direct the Board to exercise or perform any of its powers, attach conditions to a direction and the Board must comply (s 10A). If the Board fails to comply with the Act or a training plan the Minister can give directions, censure, dismiss members, or appoint an administrator (s 11). Procedural notice and opportunity for submissions are required before some ministerial actions are taken, and dismissal or appointment of an administrator requires notice to be laid before Parliament (s 12).
Enforcement and sanctions (ss 28, 33, 38). The Act creates both monetary penalties and criminal offences for non-payment and false or misleading documents, and administrative enforcement via authorised officers’ inspection powers (s 38). The Board may recover unpaid levies in court (s 32). Contracts and arrangements that attempt to evade levy liability are void as against the Board (s 41).
These concepts form the statutory machinery: levy base and rate; who pays; the Board to collect and spend for training; ministerial oversight; enforcement; and the connection between building permits and payment timing. The Act binds permit authorities in the estimate process by giving the permit authority the role of approving a reasonable profit margin used in the estimate (s 23(2)(a)(iv)) and by importing permit concepts from the Building Act 2016 (s 3).
Who it affects
The Act allocates economic and administrative effects across a set of identifiable players. The statutory text tells us who bears costs, who must act, and who has decision power.
Project owners: The primary economic incidence of the levy falls on the project owner. Section 25 makes the project owner liable to pay the levy before issue of the relevant building permit or plumbing permit. Section 27 prescribes payment to the Board or a collection agency before obtaining a permit or, in the absence of a permit requirement, before commencement of work. Project owners must therefore budget for the levy at the pre-commencement stage and maintain the supporting documents and records that regulations may require (s 42(2)(d)-(f)).
Permit authorities: Permit authorities (as defined in the Building Act 2016) have a role in the calculation of estimated value. Section 23(2)(a)(iv) allows the permit authority to approve a profit margin as reasonable, and s 23(2)(b) gives the permit authority a determinative valuation role where there is no contract or the contract does not cover the prescribed components. That gives a permit authority a practical gatekeeper function in disputes about the levy base.
Builders, contractors and subcontractors: The Act does not directly make builders or contractors legally liable for the levy. Liability is allocated to the project owner. However builders and contractors will be affected economically: the project owner may pass the levy through under contract, or negotiate contract price adjustments (s 23). The Act also affects contractors because the scope of “building or construction work” in Schedule 2 determines whether specific activities trigger levy liability and associated administrative requirements.
Employees and prospective trainees: The statutory purpose is workforce development and training. The Board’s functions explicitly include promoting training and facilitating access to employer-provided training and equitable resource distribution among employers (s 7(2)(a), (h)-(i)). The Fund finances accredited or approved skills formation in the industry (s 34(3)). Workers and trainees are the intended beneficiaries of training and investment from the Fund, though the Act channels resources via Board decisions and a Minister-approved training plan (s 34).
The Board and its members: The Minister appoints the Board’s chairperson and members and specifies composition (s 5). Members are appointed for up to three-year terms with re-appointment possible (Schedule 4 cl 1). The Minister has robust powers to direct the Board and, subject to statutory procedural safeguards, to dismiss members and appoint an administrator (ss 10A, 11-13). Board members must observe disclosure rules in Schedule 5 and face a penalty for failing to disclose (Schedule 5 cl 3).
Collection agencies: The Board may appoint collection agencies to collect levies (s 20). Those agencies collect levies and remit them to the Board, and are entitled to remuneration agreed with the Board (s 20(2)-(3)). Collection agencies are therefore private intermediaries with access to the pre-permit payment flow and remuneration from the Fund.
The Minister and State: The Minister holds appointment and supervisory powers. The Minister receives the Board’s annual report and tables it before Parliament (s 40). The Minister may direct the Board and exercise removal and administrative appointments when the Board fails to perform statutory duties (ss 10A, 11-13). The Board is explicitly not the Crown (s 6), but the Minister’s powers make the Board subject to executive control.
Permit-holders and permit applicants more broadly: Because the levy must be paid before permits are issued (ss 25, 27) permit applicants will encounter the levy process during the permit approval timeline. That timing interacts with building regulatory compliance under the Building Act 2016.
The wider training and education system: The Board must submit training plans to the Secretary of the Department responsible for the Training and Workforce Development Act 2013, who then submits them to the Minister (s 34(4)). That creates an administrative link between this Fund and the state’s broader vocational training framework.
Who decides: the Minister sets the levy rate within the statutory ceiling on the Board’s recommendation (s 22), appoints members (s 5), controls Ministerial directions and has removal powers (ss 10A, 11-13). The Board decides on allocation of Fund resources and implementation of the training plan (ss 8, 34, 36). The permit authority has specific valuation power (s 23).
Who pays: the project owner (ss 25, 27). Who collects: the Board or appointed collection agencies (s 20).
In short, the statutory shifting of cash flows moves from project owners to a Board-administered fund that spends on training under Minister-approved plans. Decision power rests with the Minister and the Board, with permit authorities and authorised officers playing important implementation roles.
Key duties and rights
The Act creates explicit duties, procedural rights and limited review mechanisms for affected parties. This section groups the principal obligations and rights the text creates.
Duties imposed on project owners and others
Liability to pay levy (s 25): A project owner is liable to pay the levy on any building or construction work before the issue of a building or plumbing permit for that work. If a permit is not needed, the levy must be paid before commencement of the work (s 27(b)). The duty is therefore strictly timed to the pre-permit or pre-commencement stage.
Disclosure and notification duties (s 29): The project owner must notify the Board or collection agency within 30 days after completion if the actual value exceeds the estimated value by $25 000 or another prescribed amount. Failure attracts a fine not exceeding the additional amount of the levy payable.
Records and prescribed information (s 42(2)(d), (e), (f)): Regulations may prescribe the information to be provided and require project owners to keep books and records for determining the estimated value and for payment procedures ensuring the levy is paid before permit issue.
Duty not to provide false information (s 33): Providing false or misleading information or documents material to building or construction work or its value to the Board or a collection agency is an offence with a penalty up to three times the levy.
Cooperation with authorised officers (ss 37-38): Where an authorised officer enters a site under s 38(1) they may require the production of documents relevant to payment and inspection. Obstruction is an offence with a fine of up to 100 penalty units (s 38(2)). Giving false or misleading information to an authorised officer is an offence punishable by a fine not exceeding 30 penalty units (s 38(3)).
Duties and powers of the Board
Collect and administer levy and Fund (s 8(a)-(b), s 36): The Board must collect the levy, administer the Fund and control its application consistent with training plans (s 8, s 36(1)-(4)).
Prepare and implement training plans (s 34(1)-(6)): The Board must prepare an annual training plan before each financial year, set priorities and allocate Fund money, ensure funded activities are accredited or approved skills formation (s 34(3)), submit to the Secretary and the Minister and implement approved plans.
Review estimated values and notify applicants (s 23(3)-(6)): The Board must review applications to vary estimated values within 30 days and notify applicants of its decision within 7 days of review.
Reporting and accounts (s 10, s 40): The Board must keep proper accounts and records, keep separate accounts for training provision (s 10(1)), ensure accounts are subject to the Audit Act and internal audit rules (s 10(3)), prepare an annual report each October including financial statements and have the report tabled in Parliament (s 40).
Ministerial and administrative duties and rights
Ministerial directions (s 10A): The Minister may direct the Board to exercise or perform any powers or functions, possibly attaching conditions, and the Board must comply. That places an obligation on the Board to follow lawful direction.
Oversight and removal powers (ss 11-13): If the Board fails to comply with the Act or a training plan the Minister may direct compliance, censure, dismiss members and appoint an administrator. Procedural notice and limited opportunity to make submissions are required under s 12 before the Minister exercises specified powers in s 11.
Minister’s role in approval of training plan (s 34(4)-(6)): The Minister, through the Secretary, approves the training plan and may request amendments.
Rights, procedural protections and review opportunities
Right to apply for review of estimated value (s 23(3)-(6)): A person (an applicant) may apply to the Board to have the estimated value reviewed. The Board must act within specified time limits and notify its decision.
Refund mechanisms (ss 30-31): If the actual value differs materially from the estimated value by the prescribed threshold, the Board must refund any excess levy or require payment of any additional levy (s 30). If work is not carried out after levy payment the project owner may notify the Board and receive a refund on proof satisfactory to the Board (s 31).
Right to be heard before Ministerial action (s 12): The Minister must give notice in writing and consider any submissions by the Board within seven days (s 12(1)). Section 12(2) prescribes further requirements where the Minister proposes censure, dismissal or appointment of an administrator, including tabling notices and reports in Parliament.
Immunity and liability limits for administrators and Board members (ss 15, 39): An administrator is not liable for losses incurred during administration unless caused by wilful misconduct, gross negligence or wilful failure to comply with the Act (s 15). Members have immunity for acts done in good faith, though actions may be brought against the Board itself (s 39).
Contractual voidness against the Board (s 41): Contracts, agreements or arrangements that have the purpose or effect of altering levy incidence, relieving liability or defeating the levy are void against the Board. That reduces contractual avenues to avoid statutory liability.
Procedural and governance rights specific to Board members
Meeting and disclosure rules (Schedule 5): Members must disclose direct or indirect pecuniary interests and may be excluded from deliberations on matters where they have an interest; failure to disclose carries a fine (Schedule 5 cl 3). The Board must hold at least four meetings a year, keep minutes and hold a public annual general meeting (Schedule 5 cl 2, cl 4).
Taken together, the statutory architecture imposes clear cashflow and recordkeeping duties on project owners, procedural and planning duties on the Board, oversight and supervisory powers for the Minister, and inspection/enforcement powers for authorised officers. Rights of review and refund are narrowly framed and are primarily administered by the Board itself rather than by an independent tribunal in the text provided.
Penalties and enforcement
The Act establishes a mixed enforcement regime combining civil recovery, fines expressed as penalty units, criminal offences and administrative measures. The statutory text specifies monetary multipliers, fixed fine ceilings and inspection powers.
Enforcement powers and civil recovery
Recovery in court (s 32): The Board may recover amounts of levy due and other amounts due under Part 3 in any court of competent jurisdiction. That creates a civil enforcement route to secure unpaid levies and other sums.
Collection agencies (s 20): The Board may delegate collection to appointed collection agencies who must collect and pay levies to the Board and are remunerated as agreed. Delegation to private collection agencies allows administrative outsourcing of enforcement at the point of payment.
Criminal offences and fines
Commencing work before paying levy (s 28(1)): If building or construction work is commenced before the levy due has been paid, the project owner is guilty of an offence. On summary conviction the project owner is liable to pay twice the amount of the levy required and a fine not exceeding 50 penalty units. Section 28(2) clarifies that the penalty does not affect liability to the original levy payment.
False or misleading information to Board or collection agency (s 33): Provision of information or documents false or misleading in a material particular regarding the works or their value is an offence carrying a penalty of a fine not exceeding three times the amount of the levy required to be paid. That is a significant monetary multiplier tied to the levy.
Obstruction and misleading information to authorised officers (s 38): Obstruction or hindrance of an authorised officer is an offence attracting a fine not exceeding 100 penalty units (s 38(2)). Giving false or misleading information to an authorised officer is an offence punishable by a fine not exceeding 30 penalty units (s 38(3)).
Disclosure duty for Board members (Schedule 5 cl 3): If a Board member has a direct or indirect pecuniary interest in a matter and fails to disclose as required, the member faces a fine not exceeding 100 penalty units. That creates a governance sanction for conflicts of interest.
Administrative enforcement and purposive voidness
Contracts to evade levy void (s 41): Any contract or arrangement with the purpose or effect of altering levy incidence, relieving liability or defeating the levy is void as against the Board. That provision blocks private legal arrangements aimed at reassigning statutory tax incidence, at least in relation to the Board.
Ministerial remedies (ss 10A, 11-13): The Minister has powers to direct compliance, censure the Board, dismiss members and appoint an administrator where the Board fails to comply with the Act or a training plan. The appointment of an administrator centralises control and suspends delegations (s 13(4)(d)). Those administrative powers operate alongside monetary and criminal sanctions and provide a supervisory enforcement lever.
Inspection, entry and evidentiary powers
Authorised officers (ss 37-38): The Board may appoint authorised officers and issue identity cards (s 37). An authorised officer may enter at reasonable times, inspect sites where building or construction work is being carried out, conduct examinations and enquiries and require production of documents relevant to levy payment, including taking copies or extracts (s 38(1)(a)-(c)). Actions by authorised officers are not invalidated by failure to produce identity card (s 37(4)). Obstruction and misleading information offences are tied to these inspection powers.
Procedural safeguards and parliamentary oversight
Notice and opportunity for submissions before Ministerial action (s 12): Before exercising powers under s 11 the Minister must give written notice of intended action and consider submissions within seven days. If the Minister proposes to censure, dismiss or appoint an administrator, a copy of the notice and a report of circumstances must be laid before each House of Parliament within seven sitting days (s 12(2)). Those provisions impose procedural checks on ministerial enforcement.
Practical features of enforcement
Multiplicative penalties calibrated to levy (ss 28, 33): The Act uses multipliers of the levy itself to set maximum penalties for certain offences: twice the levy plus up to 50 penalty units for commencing work without payment (s 28), and up to three times the levy for false or misleading information (s 33). This design ties enforcement cost directly to the amount of tax avoided or misreported.
Remedies and timing (s 30): The Board has a refund and top-up mechanism where actual value differs materially from estimated value by the prescribed threshold; that allows correction post-completion rather than exclusively ex post enforcement.
Overall, the Act combines preventive payment timing rules (payment before permit) with inspection powers, civil recovery, and punitive sanctions sized both by fixed penalty units and by multipliers of the levy amount. Ministerial administrative powers provide a governance backstop to direct organisational compliance where statutory duties are not being performed.
How it interacts with other laws
The Act expressly cross-references and imports concepts from other Tasmanian statutes and creates administrative links to the state’s broader governance and training architecture. The text provides these explicit intersections.
Building Act 2016 and permit framework
Definitions and timing linked to Building Act 2016 (s 3): The Act imports the meanings of “building permit”, “plumbing permit” and “permit authority” from the Building Act 2016 (s 3). That import makes the levy payment timing directly dependent on the building permit regime. Because s 25 makes levy payment a precondition to issue of the building or plumbing permit, the Act operates within the Building Act’s procedural flow.
Training and workforce development legislation
Training plan submission route (s 34(4)): The Board must submit the training plan and any other submissions to the Secretary of the Department responsible for the Training and Workforce Development Act 2013, who then submits them to the Minister for approval. That creates an administrative linkage between this Fund and the state’s statutory vocational training structures under the Training and Workforce Development Act 2013.
Public sector financial management and audit statutes
Accounts subject to Audit Act and Treasurer’s Instructions (s 10(3)): The Board’s accounts are subject to the Audit Act 2008 and internal audit as provided by Treasurer’s Instructions under the Financial Management Act 2016. That subjects the Fund’s financial administration to Tasmanian public-sector financial control frameworks despite the Board not being the Crown (s 6). The Board may, with Treasurer approval, open accounts with authorised deposit-taking institutions (s 36(5)).
State Service Act cross-reference (membership and administrator remuneration)
Immunities and State Service Act interactions (Schedules 4 and s 13): Schedule 4 cl 4 disapplies the State Service Act 2000 to Board appointments; members are not subject to its provisions while in office. Section 13(10) allows a State Service officer appointed as administrator to be remunerated on recommendation of the Minister administering the State Service Act 2000. Those provisions define different relationships depending on whether appointees are State Service employees.
Regulations and subordinate instruments
Governor may make regulations on many implementation matters (s 42): Regulations may prescribe administrative assistance by government departments or statutory authorities, offences and proceedings, information project owners must provide, book and record-keeping for valuation, manner of payment and ensuring payment before permit issue, refund procedures, reporting by an administrator and reconstitution of the Board on termination of administration. That gives the Executive broad delegated rulemaking scope to implement operational detail and to coordinate with other regulatory instruments.
Voidness of contracts and private law
Contracts that reassign levy incidence void as against Board (s 41): The Act declares contracts, agreements or arrangements that alter levy incidence, relieve liability or defeat the levy void as against the Board. That provision limits the effectiveness of private contractual restructuring that attempts to override statutory incidence, but does not affect a contract’s validity for other purposes. This creates a specific interaction with ordinary contract law: the courts would be required, if a dispute is before them, to treat such instruments as ineffective in relation to the Board’s entitlement.
Governor and legislative adjustments
Governor may amend Schedule 2 by order (s 3(2)): The Governor can, by order, alter what is or is not “building or construction work” as defined in Schedule 2. That creates an administrative route to modify scope without legislative amendment; any change affects levy coverage and is an interaction point with executive instruments.
Interplay with permits and permit authorities
Permit authority approval of profit margin and valuation role (s 23(2)(a)(iv) and (b)): The permit authority, acting under the Building Act framework, has direct influence on the estimate used as levy base. That aligns valuation disputes with the building regulatory authority rather than the Board alone in certain circumstances.
In combination, these cross-references mean that the Act cannot be read in isolation. Implementation will require coordination with the Building Act 2016 permit processes, Training and Workforce Development administrative processes, public finance and audit rules, and delegated regulations. The Board’s financial administration will operate under public-sector audit and Treasurer rules while membership enjoys an exemption from State Service Act obligations. The Act’s design therefore integrates levy collection and Fund expenditure with existing regulatory and financial governance structures.
Amendment history
The printed text is heavily annotated with amendment notes that identify specific statutory changes and their operative dates. The source itself records the most significant amendments and substitutions. The following recital reports the amendments shown in the provided text without adding external change history.
No. 54 of 2004, effective 1 March 2005: This amending act is referenced repeatedly and effected extensive substitution and amendment across the Act. Notable changes recorded in the text include the substitution of s 4 (establishment of the Board as a corporate body) and s 5 (substantial reworking of membership provisions), the substitution of many provisions in Part 3 (including ss 21, 22, 23, 24, 28, 29, 30, 33), insertion of ss 8A, 9A, 9B, 10A, and the substitution of Schedules 2, 4, 5 and 6. The Schedule 6 transitional provisions were substituted by s 34 of that amending Act. Several Schedule clauses and meeting/committee provisions were also introduced or amended by this amending Act. The source frequently annotates sections as “[Substituted by No. 54 of 2004, s. X, Applied:01 Mar 2005]”.
No. 26 of 2003, applied 1 July 2004: Amended definitions in s 3 (inclusion/exclusion details), altered membership provisions and other cross-references in s 5, and introduced amendments to the Schedule definitions. The source shows multiple references to No. 26 of 2003, Sched. 1 applied from 1 July 2004.
No. 30 of 1995 and No. 12 of 2016: These Acts amended definitions and cross-references in s 3 and elsewhere. For example, s 3 annotations show amendments by No. 30 of 1995 and No. 12 of 2016 with relevant schedule citations.
No. 31 of 2016, applied 1 January 2017: Amended s 7(1) and s 7(2) to update the Board’s advisory role and other functions. The text cites this amending Act in relation to s 7.
No. 50 of 2008 and No. 4 of 2017, with applied dates in 2009 and 2019: Amended s 10 regarding accounts, audit and internal audit provisions, with amendments applied on 1 March 2009 and 1 July 2019 as indicated.
No. 86 of 2000, applied 1 May 2001: Amended provisions concerning administrators (s 13) and other matters.
No. 9 of 2003, No. 39 of 2004, No. 12 of 2007, No. 11 of 2013 and others: These Acts appear in the annotations to Schedule 2, s 34 and other provisions indicating discrete changes to training plan procedures, membership and meeting rules, and definitions. For example, s 34(4) notes amendments by No. 11 of 2013, No. 12 of 2007 and No. 39 of 2004.
Repeals and omissions: Several sections and schedules have been repealed as a consequence of the 2004 amendments. Schedule 1 is recorded as repealed by No. 54 of 2004 (Applied 1 March 2005). Schedule 3 was repealed by No. 54 of 2004 (Applied 1 March 2005). Section 18 was repealed by No. 54 of 2004.
Transitional provisions: Schedule 6 was substituted by No. 54 of 2004 (Applied 1 March 2005) and contains savings and transitional arrangements including abolition of the former Board and Management Committee, transitional reporting requirements and saving of exemptions for building work initiated before commencement day.
This assembly is limited to the amendment annotations present in the provided text. The text documents which sections were substituted, amended, inserted or repealed and records the applied dates for many of the amendments. It does not contain a full historical narrative beyond those inline annotations. Any further historical detail, such as earlier acts or debates, is not in the provided source and has not been added.
Litigation history
The source as provided contains no judicial decisions, reported cases or litigation summaries. It does not name any cases or judicial determinations concerning interpretation, constitutionality, or enforcement of this Act. The only court references in the text are procedural: the Board may recover levy amounts in “any court of competent jurisdiction” (s 32), and procedural constraints on tabling notices and reports in Parliament (s 12).
Given the absence of case law in the source, this deep dive cannot supply litigation precedent, appellate interpretations, or judicial construction of contested provisions. Where the Act refers to enforcement in court, or to voidness of contractual arrangements against the Board (s 41), the source does not record judicial treatment of those provisions. Practitioners should therefore treat this text as a statement of statutory powers and obligations and undertake independent legal research in court databases for any post-enactment jurisprudence that may affect interpretation, including:
judicial interpretation of the definitions in Schedule 2 (scope of “building or construction work”);
valuation disputes under s 23 where permit authority or Board analysis is contested;
the application of s 41 to contractual arrangements reallocating cost or avoidance schemes; and
enforcement cases under s 28, s 33 and s 38 where penalties and proportionality issues might be litigated.
Because the provided statutory text contains no litigation history, readers who need to rely on judicial construction should consult Tasmanian court reports, the Tasmanian Legal Database and subsequent legislation or explanatory materials not included in this source.
Gotchas
The Act contains several practical traps, tight timings and features that practitioners and compliance officers must note. These are directly grounded in the statutory text.
Pre-permit payment timing and work commencement risk (ss 25, 27): The levy must be paid before issue of a building or plumbing permit or, if no permit is required, before commencement. Commencing work before payment exposes the project owner to a composite penalty of twice the levy plus up to 50 penalty units on summary conviction (s 28). Practically, any delay in identifying levy liability, disagreement over estimated value, or delay in remittance may expose the project owner to both the levy and punitive penalties. Because payment is pre-permit, permit processing timelines and the levy payment process are operationally linked.
Broad and detailed scope of chargeable activities (Schedule 2): Schedule 2(2) lists an expansive range of work types that are included: roads, railways, harbour works, dams, excavation, piling, HVAC, lifts, asbestos removal, landscaping, and more. Exclusions are narrower and include specific agricultural and maintenance exceptions (Schedule 2(3)). The Governor may change the Schedule by order (s 3(2)). Practitioners cannot assume only classic “building” works are chargeable; infrastructure and site preparation are included unless specifically excluded.
Valuation complexity and permit authority role (s 23): The estimated value includes labour, necessary services and fees, materials, required components, profit margin (not greater than that approved by the permit authority as reasonable), overheads and other prescribed items (s 23(2)(a)). Where no contract exists or the contract does not cover these components, the permit authority determines the value (s 23(2)(b)). This creates potential disputes between project owners, permit authorities and the Board over what components are included and what a “reasonable” profit margin is.
Limited external appeal mechanism for valuation (s 23): The Act permits application to the Board for review of an estimated value (s 23(3)-(6)), and the Board must review within 30 days and notify decision within 7 days. There is no express tribunal or independent appeal mechanism in the Act for valuation disputes; the Board itself reviews and decides. That centralised internal review may raise procedural fairness questions in practice and increases the importance of recordkeeping and rapid engagement with the Board.
Significant monetary multipliers on non-compliance (ss 28, 33): Penalties are expressed as multiples of the levy. Commencing work without payment triggers twice the levy plus up to 50 penalty units (s 28). False or misleading document provision carries a fine up to three times the levy (s 33). Where large contracts are involved, these multipliers can produce substantial penalties in addition to the base levy.
Contracts to evade levy are void only as against the Board (s 41): Section 41 renders contracts intended to alter incidence or defeat the levy void as against the Board, but does not affect validity for other purposes. That means private parties may still have enforceable private remedies against one another even though the Board can disregard the arrangement in seeking levy payment, creating a potential misalignment between private contract law outcomes and statutory enforcement.
Ministerial control and political risk (ss 10A, 11-13): The Minister may direct the Board and may suspend its membership or appoint an administrator after procedural notice steps (s 12). Administrative control by the executive poses organisational continuity risks and can change the Board’s policy direction quickly. Those are compliance and governance risks for organisations relying on predictable Fund governance.
Board not Crown but subject to public audit (ss 6, 10(3), 36(5)): The Board is explicitly not part of the Crown (s 6) yet its accounts are subject to the Audit Act and Treasurer’s Instructions (s 10(3)), and it may open accounts with authorised deposit-taking institutions with Treasurer approval (s 36(5)). This hybrid status affects procurement, audit obligations and reporting obligations.
Records and regulation-driven obligations (s 42): The Act delegates substantial detail to regulations including manner of payment, bookkeeping, refund procedures, and requiring project owners to keep books and records. Compliance risk therefore depends substantially on subordinate rules which are not printed here. Practitioners must check the regulations for procedural obligations and thresholds (for example the $25 000 threshold for variation reporting is described as “or such other amount as may be prescribed” in s 29 and s 30).
Refunds and adjustments are conditional and Board-discretionary (ss 30-31): The Board refunds overpayments or requires top-up payments where actual value varies by the prescribed threshold; refunds for cancelled projects require notice and proof acceptable to the Board (s 31). The Board’s satisfaction is the operative standard for refunds for cancellation, creating practical evidentiary risk.
Authorized officer identity card technicality (s 37(4)): An authorised officer must produce a card when requested, but failure to do so does not invalidate actions taken by the officer. That reduces a procedural defence sometimes used in other regulatory contexts.
Thresholds and prescribed amounts: Several thresholds in the Act are either set in statute or left to regulations: the exemption threshold for small works ($20 000 in s 24, or other prescribed amount); the $25 000 material variation threshold in ss 29-30 or a prescribed amount; and penalty units. Since regulations can change these numbers, compliance requires checking current regulations and any published Gazette notices (s 22 uses a Gazette notice to set rates higher than 0.2 per cent).
These “gotchas” arise from statutory timing, valuation rules, the Board-centred internal review system, government control levers, and reliance on regulations and Gazette notices to set crucial operational parameters.
How to comply
Below is a practical, source-grounded compliance checklist for each primary actor named in the Act. The checklist is constrained to obligations and mechanisms contained in the statutory text and the regulations’ delegated topics.
For project owners (the person statutorily liable)
Determine whether the work falls within Schedule 2 and whether any Schedule 2 exclusion applies (Schedule 2(2)-(3); s 3). If uncertain, seek an express determination or advice early because the levy is payable before permit issue and before commencement (ss 25, 27).
Calculate the estimated value in accordance with s 23(2). Include contract price components: labour, necessary services and fees (including professional fees), building materials, required components installed as part of the work, profit margin not greater than that approved by the permit authority as reasonable, overheads and any other prescribed component.
If the contract does not cover the required components, engage the permit authority early because s 23(2)(b) gives the permit authority power to determine the value. Document communications with the permit authority approving the profit margin.
If you disagree with the Board’s estimate or its decision, lodge an application to have the estimate reviewed with the Board under s 23(3). The Board must review within 30 days and notify its decision within 7 days (s 23(4)-(6)).
Pay the levy to the Board or an appointed collection agency before obtaining a building or plumbing permit for the work; if no permit is required, pay before commencing work (s 27).
Maintain books and records prescribed by regulations, including documents establishing contract price components and any documentation the Board or collection agency requests (s 42(2)(d)-(f)). Be aware that regulations may require specific formats or retention periods.
Notify the Board or collection agency within 30 days after completion if the actual value exceeds the estimated value by $25 000 or another prescribed threshold (s 29). Budget potential additional levy payments in such events.
If actual value differs by the prescribed threshold, cooperate with the Board on adjustment; the Board will refund any excess levy or require payment of an additional levy (s 30).
If the project is cancelled after levy payment, notify the Board and provide proof as the Board requires in order to obtain a refund (s 31).
Do not provide false or misleading information to the Board or collection agencies; offences carry a penalty up to three times the levy (s 33). Do not obstruct authorised officers; obstruction carries a heavy fine (s 38).
For builders, contractors and subcontractors
Ensure contract terms acknowledge that the project owner is statutorily liable for the levy, and expressly record whether the parties agree about passing the levy through to contracted prices.
Keep clear, auditable records of labour, services, materials, required components, overheads, and the profit margin components that feed into estimated value calculations (s 23). Those records will be relevant to any Board or permit authority review.
For permit authorities (under Building Act 2016 concepts imported by s 3)
Be prepared to approve or decline a profit margin as reasonable (s 23(2)(a)(iv)). Document the basis for any approval, as it will affect levy calculations and potential disputes.
If called upon under s 23(2)(b) to determine value where no contract exists or the contract is deficient, apply transparent valuation principles and provide records to the Board and applicant to mitigate later disputes.
For the Board
Prepare annual training plans by the statutory timetable (s 34(1)): for the financial year commencing 1 July 1991 “as soon as practicable”, and thereafter before 31 May preceding the financial year. Submit the plan and supporting submissions to the Secretary of the Department responsible for the Training and Workforce Development Act 2013 for submission to the Minister (s 34(4)).
Ensure all allocations from the Fund are for accredited or approved skills formation in the building and construction industry (s 34(3)).
Implement accurate, audit-ready accounting practices and separate accounts for training provision as required by s 10(1). Comply with the Audit Act 2008 and Treasurer’s Instructions under the Financial Management Act 2016 for internal audit and reporting (s 10(3)).
Operate refund, review and adjustment procedures in accordance with ss 23, 29 and 30 including timelines: review a valuation application within 30 days and notify the applicant within 7 days of decision (s 23(4)-(6)).
Publish or notify Gazette changes to levy rate as determined with Ministerial approval if a rate above 0.2 per cent and up to 0.5 per cent is set (s 22).
Appoint collection agencies under s 20 with clear contractual terms including reporting, timing of remittances and agreed remuneration paid from the Fund (s 20(2)-(3); s 36(4)(b)).
Establish and maintain internal and external audit and financial controls to comply with public-sector standards given s 10(3) and s 36(5).
Hold public annual or other required meetings and an industry forum once each calendar year (s 8A; Schedule 5) and keep accurate minutes (Schedule 5 cl 2(6); s 9B(1)).
Observe conflict-of-interest, disclosure and meeting rules in Schedule 5 and Schedule 4 for appointments, remuneration and vacation of office.
For authorised officers
Carry identity card and produce it upon request (s 37(2)-(4)); but note actions are not invalidated by failure to produce.
Exercise inspection and document production powers for levy purposes proportionately and with recorded reasons since obstruction and misleading information offences attract significant penalties (s 38).
Regulations and ongoing compliance
Monitor Gazette notices for changes to levy rate and any regulations made under s 42 that set thresholds, book-keeping requirements, methods of payment and any variation to the $20 000 exemption or the $25 000 variation threshold.
Track any Governor orders altering Schedule 2 under s 3(2) to determine whether work types have moved into or out of levy coverage.
Maintain awareness of Ministerial directions under s 10A and administrative changes, including potential appointment of an administrator under s 13 in exceptional circumstances.
Record-keeping, internal control and proof
For all actors, maintain contemporaneous, auditable records for contract prices, invoices, professional fees, materials, plant and equipment lists and any correspondence with permit authorities and the Board that bear on estimated value or payment timing. Regulations may require specific books and records (s 42(2)(e)).
For refunds and cancellations under s 31, retain proof of non-performance of works or stage cancellations, and obtain Board confirmation for refunds.
In short, compliance requires early and accurate valuation, payment before permits or commencement, rigorous record-keeping, prompt notification of value variations, cooperation with authorised officers and engagement with the Board for reviews. Because several operational details are delegated to regulations and Gazette notices, monitoring those instruments is essential.
Division 1Establishment, functions, &c., of the Board
the Fund means the Building and Construction Industry Training Fund established under section 36 ;
the levy means the levy payable under Part 3 ;
[Section 3 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004][Section 3 Subsection (1) amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017]permit authority has the same meaning as in the Building Act 2016 ;
[Section 3 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004][Section 3 Subsection (1) amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017]plumbing permit has the same meaning as in the Building Act 2016 ;
[Section 3 Subsection (1) amended by No. 26 of 2003, Sched. 1, Applied:01 Jul 2004][Section 3 Subsection (1) amended by No. 54 of 2004, s. 5, Applied:01 Mar 2005]
[Section 3 Subsection (1) amended by No. 54 of 2004, s. 5, Applied:01 Mar 2005]project owner, in respect of building or construction work, means –
(a) the person for whose direct benefit the building or construction work is done; or
(b) if the person referred to in paragraph (a) has engaged another person to carry out or cause to be carried out all of the building or construction work, the person so engaged;
the regulations means the regulations made and in force under this Act;
training plan means a building and construction industry training plan prepared under section 34(1) .
(2) For the purposes of the definition of building or construction work in subsection (1) , the Governor may, by order, amend Schedule 2 by declaring that any work or work of a specified class or kind –
(a) shall be building or construction work; or
(b) shall not be building or construction work.
Part 2 Building and Construction Industry Training Board
Part 2 Building and Construction Industry Training Board
Division 1 Establishment, functions, &c., of the Board
Division 1 Establishment, functions, &c., of the Board
4 Establishment of the Board
4 Establishment of the Board
[Section 4 Substituted by No. 54 of 2004, s. 7, Applied:01 Mar 2005]
(1) The Tasmanian Building and Construction Industry Training Board is established.
(2) The Board –
(a) is a body corporate with perpetual succession; and
(b) may acquire, hold and dispose of real and personal property; and
(c) may sue and be sued in its corporate name; and
(d) may do and suffer all acts and things that a body corporate may by law do and suffer.
5 Members of the Board
5 Members of the Board
[Section 5 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003][Section 5 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003][Section 5 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003][Section 5 Substituted by No. 54 of 2004, s. 7, Applied:01 Mar 2005]
(1) The Board consists of the following members appointed by the Minister:
(a) one person who is appointed as chairperson of the Board;
(b) three persons who have knowledge and understanding of the interests of employees within the building and construction industry;
(c) five persons who between them have knowledge and experience of the following:
(i) residential building;
(ii) non-residential building;
(iii) civil construction;
(iv) building services;
(v) building professions.
(2) Before appointing a member, the Minister is to give notice in at least 3 daily newspapers published and circulating in the State that persons interested in being members may provide written expressions of interest to the Minister within the period specified in the notice.
(3) The Board is to contain, if practicable –
(a) at least one member from each of the northern region, the north-western region and the southern region; and
(b) a balance of genders; and
(c) members with knowledge and skills in respect of –
(i) all sections within the building and construction industry; and
(ii) vocational education and training; and
(iii) policy development and strategic planning.
(4) Schedule 4 has effect in relation to membership of the Board.
(5) Schedule 5 has effect in relation to meetings of the Board.
6 Board not to represent the Crown
6 Board not to represent the Crown
The Board does not represent, and is not part of, the Crown.
7 Functions of the Board
7 Functions of the Board
(1) [Section 7 Subsection (1) amended by No. 31 of 2016, s. 4, Applied:01 Jan 2017][Section 7 Subsection (1) substituted by No. 54 of 2004, s. 8, Applied:01 Mar 2005] The Board is the principal adviser to the Minister on all matters relating to workforce development in the building and construction industry and, in particular, is to advise the Minister in relation to skill requirements for the building and construction industry and the training arrangements to meet those requirements.
(2) [Section 7 Subsection (2) amended by No. 54 of 2004, s. 8, Applied:01 Mar 2005][Section 7 Subsection (2) amended by No. 54 of 2004, s. 8, Applied:01 Mar 2005][Section 7 Subsection (2) amended by No. 54 of 2004, s. 8, Applied:01 Mar 2005][Section 7 Subsection (2) substituted by No. 31 of 2016, s. 4, Applied:01 Jan 2017] In addition to subsection (1) , the Board has the following functions:
(a) to promote training, and training pathways, in the building and construction industry;
(b) to promote the Board, and its aims and activities, to the building and construction industry;
(c) to liaise with appropriate training organisations and other bodies;
(d) to advise on, and provide input into, the development of training, and training pathways, within the building and construction industry;
(e) to review and evaluate existing training, and training pathways, within the building and construction industry;
(f) to promote equality of access to training, and training pathways, within the building and construction industry;
(g) to promote productivity, career opportunities and work safety within the building and construction industry through training and workforce development planning and pathways;
(h) to facilitate access to employer-provided training in the building and construction industry;
(i) to facilitate the equitable distribution, amongst employers in the building and construction industry, of resources relating to employment-related training;
(j) to facilitate the training of builders to improve skills and knowledge within the building and construction industry.
8 Powers of the Board
8 Powers of the Board
The Board has the following powers:
(a) to collect the levy;
(b) to control and administer the Fund;
(c) to develop and implement a training plan in respect of each financial year;
(d) to appoint such sub-committees as may be necessary to assist it in the performance of its functions –
and may do everything necessary or convenient for it to do in, or in connection with, the performance of its functions.
8A Board to convene industry forum
8A Board to convene industry forum
[Section 8A Inserted by No. 54 of 2004, s. 9, Applied:01 Mar 2005]
(1) The Board is to hold a public meeting at least once in each calendar year for interested members of the building and construction industry –
(a) to consider issues that relate to the development of skills within the industry; and
(b) to provide advice on those issues to the Board.
(2) The Board is to give not less than 2 weeks' notice of the public meeting in at least 3 daily newspapers published and circulating in the State.
9 Delegation
9 Delegation
[Section 9 Substituted by No. 54 of 2004, s. 10, Applied:01 Mar 2005] The Board may delegate any of its functions or powers under this Act other than this power of delegation.
Division 1A Committees
Division 1A Committees
9A Committees
9A Committees
[Section 9A of Part 2 Inserted by No. 54 of 2004, s. 11, Applied:01 Mar 2005]
(1) The Board may establish one or more committees to advise and assist the Board in the performance and exercise of its functions and powers under this Act.
(2) A committee consists of such persons as the Board appoints.
(3) A member of the Board may be a member of a committee.
(4) A member of a committee is entitled to be reimbursed for such expenses as the Minister determines.
(5) A member of a committee holds office on such conditions in relation to matters not provided for by this Act as are specified in his or her instrument of appointment.
(6) At any time, the Board may abolish a committee.
(7) The Board is to inform the Minister in writing if any committee is established, or abolished, under this section.
9B Procedure of committees
9B Procedure of committees
[Section 9B of Part 2 Inserted by No. 54 of 2004, s. 11, Applied:01 Mar 2005]
(1) A committee must keep accurate minutes of its meetings.
(2) Except as otherwise provided by the Board, a committee may regulate its own proceedings.
Division 2 Accounts of the Board
Division 2 Accounts of the Board
10 Accounts of the Board
10 Accounts of the Board
(1) The Board shall keep proper accounts and records in relation to its administration of this Act and shall keep separate accounts for the provision of training.
(3) [Section 10 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019][Section 10 Subsection (3) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009][Section 10 Subsection (3) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] The accounts of the Board are subject to the Audit Act 2008 and are also subject to an internal audit as provided by the Treasurer's Instructions made under the Financial Management Act 2016 .
[Section 10A Inserted by No. 54 of 2004, s. 12, Applied:01 Mar 2005]
(1) The Minister may direct that the Board exercise or perform any of its powers or functions, including the power of delegation.
(2) A direction given under subsection (1) may include any conditions that the Minister thinks fit.
(3) The Board must comply with a direction given by the Minister.
11 Powers of Minister
11 Powers of Minister
(1) If the Minister is satisfied that the Board has failed to comply with any provision of this Act or a training plan, the Minister may do one or more of the following:
(a) [Section 11 Subsection (1) amended by No. 54 of 2004, s. 13, Applied:01 Mar 2005] direct the Board in writing to comply with that plan;
(b) censure the Board in accordance wi
This is an opening excerpt, not the complete document.