Building and Construction Industry Training Levy Act 1999 (ACT)

This Act establishes a levy mechanism on most building and construction work in the Australian Capital Territory and creates a dedicated authority and fund to collect and disburse the levy proceeds for industry training. Mechanically, the Act does the following.

Establishes the Building and Construction Industry Training Fund Authority (the authority) with functions to administer the fund, make payments from the fund in accordance with training plans and exercise any other function given by the Act or other Territory law (s 4; s 5).
Imposes a training levy payable by the project owner on non-exempt building and construction work at a rate of 0.2% of the value of the work (s 16; s 17(2); s 18). The Act defines “value” for levy purposes and prescribes how to assess it (s 19).
Specifies timing for payment: for building work the levy must be paid before the issue of a building approval (s 20(1)(a)); for non-building work the levy is payable within seven days after the start of the work (s 20(1)(b)). Failure to pay on time is a strict liability offence carrying a maximum penalty (s 20(2)-(3)).
Creates the Building and Construction Industry Training Fund (the fund) to hold levy receipts and specifies that the fund is the property of the authority and must be kept separate and applied only for specified purposes (s 23(1)-(3); s 24).
Requires a Ministerially approved training plan to identify training needs and funding estimates for each year; the authority may approve expenditure from the fund for training identified in the plan, subject to limits and conditions (s 25; s 27; s 28).
Provides enforcement and compliance tools for inspectors appointed by the authority including powers of entry in specified circumstances, requirements to produce documents and information, power to copy records and to obtain search warrants from a magistrate (s 29; s 31-34). Inspectors’ powers are channelled by consent, notice and warrant provisions (s 31-33).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Building and Construction Industry Training Levy Act 1999 A1999-30 Republication No 23 Effective: 16 November 2025 Republication date: 16 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Building and Construction Industry Training Levy Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Building and Construction Industry Training Levy Act 1999 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 3A Offences against Act—application of Criminal Code etc 3 Part 2 The authority Division 2.1 Establishment and functions of authority 4 Establishment of authority 4 5 Functions of authority 4 Division 2.2 Governing board 6 Establishment of governing board 5

Contents Page contents 2 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Governing board members 5 7A Term of chief executive officer of authority 5 7B No deputy chair 6 8 Administration of authority 6 Part 3 Levy on building and construction work 15 Definitions—pt 3 7 16 Rate of levy 8 17 Training levy liability 8 18 Calculation of training levy 9 19 Assessment of value of work 9 20 Payment of levy 9 21 Refund of levy if work not carried out 10 22 Adjustment of levy 10 Part 4 The building and construction industry training fund 23 Establishment and operation of fund 12 24 Application of fund 12 Part 5 Building and construction industry training plans 25 Approval of training plans 13 26 Inspection of training plans 13 27 Application of training plans 13 28 Funding for training 14 Part 6 Inspectors 29 Appointment 15 30 Identity cards 15 31 Powers of entry 15 32 Consent to entry and inspection 16 33 Search warrants 17 34 Powers of inspectors 19 35 Contravention of requirement by inspector 20

Contents Page R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Miscellaneous 37 Regulation-making power 21 Schedule 1 Work 22 Dictionary 24 Endnotes 1 About the endnotes 26 2 Abbreviation key 26 3 Legislation history 27 4 Amendment history 30 5 Earlier republications 35

R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Building and Construction Industry Training Levy Act 1999 An Act to impose a levy for improving training in the building and construction industry, and for other purposes

Part 1 Preliminary Section 1 page 2 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Building and Construction Industry Training Levy Act 1999. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘project owner, for part 3—see section 15.’ means that the expression ‘project owner’ is defined in that section and the definition applies to part 3. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 3A R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3A Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 The authority Division 2.1 Establishment and functions of authority Section 4 page 4 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 The authority Note for pt 2 The governance of territory authorities, including the Building and Construction Industry Training Fund Authority, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them. The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest. Division 2.1 Establishment and functions of authority 4 Establishment of authority The Building and Construction Industry Training Fund Authority (the authority) is established. Note If a law changes a name of an entity (like the Building and Construction Industry Training Fund Board), the entity continues in existence under the new name (the Building and Construction Industry Training Fund Authority) and its identity is not affected by the change (see Legislation Act, s 183). 5 Functions of authority The authority has the following functions: (a) administering the fund; (b) making payments, or directing that payments be made, from the fund in accordance with training plans;

The authority Part 2 Governing board Division 2.2 Section 6 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) exercising any other function given to the authority under this Act or any other territory law. Note The Legislation Act, s 196 (1) provides that a provision of an Act that gives an entity (including the board) a function also gives the entity the powers necessary and convenient to exercise the function. Division 2.2 Governing board 6 Establishment of governing board The authority has a governing board. Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (7) (b)). 7 Governing board members (1) The governing board has 6 members. Note A chair of the governing board must be appointed under the Financial Management Act 1996, s 79. (2) Two of the governing board members must be appointed to represent the interests of employers in the building and construction industry. (3) Two of the governing board members must be appointed to represent the interests of employees in the building and construction industry. (4) The chair must not be a representative mentioned in subsection (2) or (3). (5) The chief executive officer is a non-voting member of the governing board. Note The Financial Management Act 1996, s 95 (2) and s 96 (1) deal with non- voting members of governing boards. 7A Term of chief executive officer of authority The chief executive officer of the authority must not be appointed for a term of longer than 5 years.

Part 2 The authority Division 2.2 Governing board Section 7B page 6 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7B No deputy chair The Minister must not appoint a deputy chair for the governing board. Note 1 This section ensures that a deputy chair cannot be appointed for the governing board under the Financial Management Act 1996, s 79 (1). Note 2 The Minister may appoint an acting chair (see Legislation Act, s 209). 8 Administration of authority The governing board may make arrangements with the council, or anyone else, for the provision of— (a) administrative or secretarial services to the authority (including the governing board); or (b) the administration of the fund in accordance with the directions of the governing board.

Levy on building and construction work Part 3 Section 15 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Levy on building and construction work 15 Definitions—pt 3 In this part: Building Act means the Building Act 2004. building approval means a building approval under the Building Act. building work—see the Building Act, section 6. exempt work means— (a) work the value of which is not more than $10 000; or (b) work done by a public authority, other than work that has been awarded to the public authority because of a public tendering process; or (c) building work in relation to an exempt building under the Building Act 2004, section 12 (Exempt buildings); or (d) building work in relation to a building to which the Building Act does not apply because that Act exempts the building from the application of that Act; or Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). Note 2 See the Building Act, s 152 (2). (e) building work to which the Building Act, part 3 (Building work) does not apply. Note The Building (General) Regulation 2008, s 6 prescribes building work that is exempt from the application of the Building Act 2004, pt 3 (and pt 5 and pt 6). owner, of land—see the Building Act, dictionary.

Part 3 Levy on building and construction work Section 16 page 8 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au project owner, for work, means— (a) if the work is done on land by or for the owner of the land—the owner; or (b) in any other case—the person on whose behalf the work is done. public authority means— (a) the Territory, the Commonwealth, a State or another Territory; or (b) a corporation established for a public purpose by a territory law or a law of the Commonwealth, a State or another Territory, other than a company or incorporated association; or (c) any other entity (including a company or incorporated association) that is prescribed for this paragraph. qualified valuer means a person who is prescribed by regulation as a qualified valuer. rate of levy means the rate set out in section 16. value, of work, means the value assessed under section 19. 16 Rate of levy For this part, the rate of levy is 0.2 % of the value of the work in relation to which the training levy is payable. 17 Training levy liability (1) A levy, ascertained in accordance with this part is payable, in accordance with this part, to the authority in relation to work other than exempt work. (2) The training levy is payable by the project owner. (3) Training levy for building work may be paid to the construction occupations registrar as agent for the authority.

Levy on building and construction work Part 3 Section 18 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Calculation of training levy The amount of training levy payable is the amount ascertained by multiplying the value of the work by the rate of levy. 19 Assessment of value of work (1) The value of work on which levy is payable is— (a) if the work is building work under a demolition order—the value agreed by the authority and the project owner or, if they disagree, the value assessed by a qualified valuer agreed by the authority and the owner; or (b) if the work is building work to which paragraph (a) does not apply—the value used to work out the fee payable under the Building Act in relation to the issue of the building approval for the work; or (c) in any other case—the value agreed by the authority and the project owner or, if they disagree, the value assessed by a qualified valuer agreed by the authority and the owner. (2) The reasonable cost of the qualified valuer’s assessment is payable by the authority and the project owner equally. (3) In this section: demolition order means a demolition order under the Building Act 2004, section 63A (Demolition orders—affected residential premises and eligible impacted property). 20 Payment of levy (1) If training levy is payable in relation to work, the project owner must pay it— (a) if the work is building work—before the issue of the building approval; or

Part 3 Levy on building and construction work Section 21 page 10 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if the work is not building work—within 7 days after the start of the work. (2) A project owner must not contravene subsection (1). Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. 21 Refund of levy if work not carried out (1) This section applies if— (a) training levy has been paid for work before it starts; and (b) the work does not start. (2) The authority must refund to the project owner the amount paid within 1 month after the day the authority receives a written request for the refund from the project owner. 22 Adjustment of levy (1) This section applies if training levy has been paid for work other than building work and, in the opinion of the authority or the project owner, the value of the work— (a) at the completion of the work; or (b) if the work is abandoned before completion—when the work is abandoned; differs from the value on which the training levy was based. (2) The authority or the project owner may tell the other in writing that the amount of the training levy should be recalculated on the basis of the value of the work at its completion or abandonment. Note For how documents may be given, see the Legislation Act, pt 19.5.

Levy on building and construction work Part 3 Section 22 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If a notice under subsection (2) is given, the value of the work at its completion or abandonment must be assessed in accordance with section 19. (4) If the amount of training levy paid is smaller than the amount that would have been payable if the levy had been calculated on the value of the work ascertained under this section, the project owner must pay to the authority an amount equal to the difference. (5) If the amount of training levy paid is greater than the amount that would have been payable if the levy had been calculated on the value of the work ascertained under this section, the authority must pay to the project owner an amount equal to the difference. (6) An amount payable under subsection (4) or (5) is payable within 1 month of the ascertainment of the value of the work under subsection (3).

Part 4 The building and construction industry training fund Section 23 page 12 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 The building and construction industry training fund 23 Establishment and operation of fund (1) The authority must establish and maintain a fund. (2) The fund consists of— (a) amounts received by the authority as payments of training levy or amounts payable under section 22 (4) after reassessment of the value of work; and (b) interest generated by amounts standing to the credit of the fund. (3) The moneys of the fund— (a) are the property of the authority; and (b) must be kept separate from all other property of the authority; and (c) must be expended only in accordance with this Act. (4) The authority must administer the fund in the way the Minister approves in writing. 24 Application of fund The fund must be applied only for the following purposes: (a) to meet the costs and expenses incurred in the administration of the fund by the authority; (b) to make any payments that are payable under arrangements made under section 14; (c) to make payments of refunds under section 21 or section 22 (5); (d) to make payments approved by the authority under section 28.

Building and construction industry training plans Part 5 Section 25 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Building and construction industry training plans 25 Approval of training plans (1) The Minister may, after consultation with the council and the authority, approve a training plan for the building and construction industry. (2) A training plan must— (a) identify training needs in the building and construction industry that warrant financial support from the fund in relation to a year; and (b) provide an estimate of the funds that appear to be required for the fulfilment of those needs. (3) A training plan approved by the Minister is a notifiable instrument. 26 Inspection of training plans (1) A person may inspect a copy of a training plan at the office of the council during ordinary office hours. (2) This section does not apply in relation to a training plan that has no effect or no longer has effect. 27 Application of training plans (1) Subject to this section, a training plan has effect in relation to the year specified in the training plan. (2) A training plan has no effect unless approved by the Minister on or before 31 October in the year immediately before the year specified in the training plan as the year in relation to which the plan is to have effect.

Part 5 Building and construction industry training plans Section 28 page 14 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If, in relation to a year, no training plan would, apart from this subsection, have effect, the training plan that had effect in relation to the previous year continues, under this subsection, to have effect in relation to the year. 28 Funding for training (1) Subject to this section, the authority may approve the expenditure of fund money for the provision, in a year, of training identified as warranting financial support from the fund in the training plan that has effect in relation to the year. (2) The authority must not approve the expenditure of an amount if the total of the commitment in relation to the amount and of all other outstanding commitments for expenditure from the fund would exceed the amount standing to the credit of the fund. (3) The expenditure of fund money under this section may only be approved for the purpose of approved training to be provided by a registered training organisation. (4) In this section: approved training means training, or training of a kind, that is declared by regulation to be approved training for this section. registered training organisation—see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

Inspectors Part 6 Section 29 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Inspectors 29 Appointment The authority may appoint a person as an inspector for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). 30 Identity cards (1) The authority must give an inspector an identity card stating the person’s name and that the person is an inspector. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if— (a) the person stops being an inspector; and (b) the person does not return the person’s identity card to the authority as soon as practicable, but no later than 7 days after the day the person stops being an inspector. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence. 31 Powers of entry (1) If an inspector believes, on reasonable grounds, that— (a) work is being carried out on any land; or

Part 6 Inspectors Section 32 page 16 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) work has been carried out on any land and the training levy in relation to that work has not been paid or has not been paid in full; the inspector may, in accordance with this section and with the assistance that is reasonably necessary for the exercise of the inspector’s functions under this part, enter during normal business hours the land and any premises, whether on the land or not, where the inspector believes on reasonable grounds that documents or records relating to the work are kept. (2) An inspector may enter any land or premises and exercise any power specified in section 34— (a) with the consent of the occupier of the land or premises; or (b) under a warrant issued under section 33 (2). (3) An inspector who enters land or premises under subsection (1) is not entitled to remain if, on request by the occupier, the inspector does not produce the inspector’s identity card to the occupier. (4) If an inspector is satisfied, after making reasonable inquiries, that no- one is present and in charge of land or premises entered by the inspector under a warrant, the inspector must leave, in a conspicuous position on the land or the premises, a notice advising that the inspector made an entry under this section. 32 Consent to entry and inspection (1) Before seeking the consent of the occupier of premises for section 31 (2) (a), an inspector must inform the occupier that the occupier may refuse to consent.

Inspectors Part 6 Section 33 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If the inspector obtains the occupier’s consent for those purposes, the inspector must ask the occupier to sign a written acknowledgment— (a) that the occupier has been informed that the occupier may refuse to give consent, for section 31 (2) (a), for the inspector to enter the occupier’s premises and to exercise any power under section 34; and (b) that the occupier has given the inspector the consent; and (c) of the day and time when the consent was given. (3) If it is material, in any proceeding, for a court to be satisfied that an occupier has consented for section 31 (2) (a), and an acknowledgment, in accordance with subsection (2), signed by the occupier, is not produced in evidence, it must be presumed that the occupier did not consent, but the presumption is rebuttable. 33 Search warrants (1) This section applies if information is laid before a magistrate alleging that an inspector has reasonable grounds for suspecting that there may be— (a) on any land—work in relation to which payment of training levy has not been made, or made fully, in accordance with this Act; or (b) on any premises— (i) a thing of a particular kind connected with a particular offence against this part; or (ii) a document or record relating to work mentioned in paragraph (a); and the information sets out those grounds.

Part 6 Inspectors Section 33 page 18 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If this section applies, the magistrate may, subject to this section, issue a search warrant authorising the inspector named in the warrant, with the assistance and by the force that is necessary and reasonable— (a) to enter any land or premises described in the warrant; and (b) to search the premises for things of the kind mentioned in subsection (1) (b) (i) or a document or record mentioned in subsection (1) (b) (ii); and (c) to exercise any of the powers listed in section 34 in relation to a thing, document or record to which the warrant refers. (3) A magistrate must not issue a warrant unless— (a) the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; and (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant. (4) The warrant must— (a) state the purpose for which it is issued; and (b) specify the nature of the offence, or the lack of compliance, in relation to which the entry and search are authorised; and (c) specify particular hours when the entry is authorised or state that the entry is authorised at any time of the day or night; and (d) specify the date (not later than 1 month after the date when the warrant is issued) when the warrant ceases to have effect.

Inspectors Part 6 Section 34 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 34 Powers of inspectors (1) An inspector who enters land or premises in accordance with this part may— (a) inspect or examine any work on the land and take measurements relating to it; and (b) require any person apparently in charge of the land or premises to make available to the inspector any document or record or provide information, including information stored in a computer, that appears to be relevant to the calculation of training levy; and (c) inspect, make copies of and take extracts from any document or record or any information made available to the inspector; and (d) require any person apparently in charge of the land or premises to answer questions related to the calculation of training levy; and (e) require any person apparently in charge of the land or premises to render the assistance that is necessary and reasonable to enable the inspector to exercise the inspector’s powers under this section. (2) A person is not excused from providing information or from producing a document or other record when requested to do so under subsection (1) on the ground that providing the information or producing the document or record may tend to incriminate the person or expose the person to a civil penalty, but the information or the production of the document is not admissible in evidence against the person in any proceeding, other than a proceeding for an offence against the Criminal Code, part 3.4 (False or misleading statements, information and documents).

Part 6 Inspectors Section 35 page 20 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 35 Contravention of requirement by inspector A person must take all reasonable steps to comply with a requirement made of the person under section 34 (1) (b), (d) or (e). Maximum penalty: 50 penalty units. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

Miscellaneous Part 7 Section 37 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Miscellaneous 37 Regulation-making power The Executive may make regulations for this Act.

Schedule 1 Work page 22 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Work (see dict, def work) 1 The construction, erection, alteration, repair, renovation, demolition, maintenance or removal of a building or structure. 2 The construction, alteration or repair of a road, street parking area, footpath, thoroughfare (for pedestrians or vehicles), kerbing, guttering, roundabout, median strip, or the performance of other road works. 3 The construction, alteration, repair, demolition or removal of light rail or any other railway, or part of light rail or other railway, or of any platform, signal or other structure connected with light rail or other railway. 4 The construction, alteration, repair, demolition or removal of an aircraft runway or a helicopter landing pad. 5 The construction, alteration, repair, demolition or removal of a bridge, viaduct, aqueduct or tunnel. 6 The construction, alteration, repair, demolition or removal of a harbour, breakwater, retaining wall or marina. 7 The performance of excavation work. 8 The construction, alteration, repair, demolition or removal of a dam, reservoir, weir or other embankment or structure for the catchment, collection, storage, control or diversion of water. 9 The laying of pipes and other prefabricated material in the ground. 10 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, or the disposal of sewage or effluent.

Work Schedule 1 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 11 Electrical, electronic, communications or data networks or mechanical services work, including work that is related to the construction, erection, installation, alteration, repair, servicing or dismantling of any plant, plant facility or equipment. 12 The on-site construction, installation, alteration, repair, renovation, demolition or removal of— (a) a lift or escalator; or (b) any air conditioning, ventilation or refrigeration system or equipment. 13 The construction, repair, alteration or removal of a playing field, golf course, racecourse, stadium, swimming pool or other sporting or recreational facility. 14 Landscaping or the construction, alteration or removal of a park or garden. 15 Work to improve the drainage of land. 16 Any site preparation work (including pile driving) preliminary to the performance of any construction work.

Dictionary page 24 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • appoint • document • entity • exercise • function • Minister (see s 162) • penalty unit (see s 133) • State • the Territory • year. authority means the Building and Construction Industry Training Fund Authority established under section 4. Building Act, for part 3 (Levy on building and construction work)— see section 15. building approval, for part 3 (Levy on building and construction work)—see section 15. building work, for part 3 (Levy on building and construction work)— see section 15. chair means the chair of the governing board. Note The chair must be appointed under the Financial Management Act 1996, s 79. council means the ACT Regional Building & Construction Industry Training Council Incorporated. exempt work, for part 3 (Levy on building and construction work)— see section 15.

Dictionary R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au fund means the fund established under section 23 (1). governing board means the governing board of the authority. light rail—see the Road Transport (General) Act 1999, dictionary. owner, of land, for part 3 (Levy on building and construction work)— see section 15. project owner, for work, for part 3 (Levy on building and construction work)—see section 15. public authority, for part 3 (Levy on building and construction work)—see section 15. qualified valuer, for part 3 (Levy on building and construction work)—see section 15. rate of levy, for part 3 (Levy on building and construction work)— see section 15. training levy means the levy payable under section 17. training plan means a training plan approved under section 25. value, of work, for part 3 (Levy on building and construction work)— see section 15. work means— (a) work mentioned in schedule 1; or (b) work prescribed by regulation.

Endnotes 1 About the endnotes page 26 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Building and Construction Industry Training Levy Act 1999 A1999-30 notified 21 May 1999 (Gaz 1999 No S24) s 1, s 2 commenced 21 May 1999 (s 2 (1)) remainder commenced 21 November 1999 (s 2 (3)) as amended by Building and Construction Industry Training Levy Amendment Act 1999 A1999-68 notified 3 December 1999 (Gaz 1999 No S62) s 1, s 2 commenced 3 December 1999 (IA s 10B) s 3 commenced 3 December 1999 (s 2 (1)) remainder commenced 21 November 1999 (s 2 (2)) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 45 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 45 commenced 12 September 2001 (s 2 and see Gaz 2001 No 65) Building and Construction Industry Training Levy Amendment Act 2001 A2001-93 notified 10 September 2001 (Gaz 2001 No S66) sch 1 commenced 12 September 2001 (s 2 (2)) remainder commenced 10 September 2001 (s 2 (1)) Vocational Education and Training Act 2003 A2003-37 sch 2 pt 2.2 notified LR 8 September 2003 s 1, s 2 commenced 8 September 2003 (LA s 75 (1)) sch 2 pt 2.2 commenced 1 November 2003 (s 2) Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.2 notified LR 11 September 2003 s 1, s 2 commenced 11 September 2003 (LA s 75 (1)) sch 3 pt 3.2 commenced 9 October 2003 (s 2 (1)) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 1 pt 1.1 notified LR 5 December 2003 s 1, s 2 commenced 5 December 2003 (LA s 75 (1)) sch 1 pt 1.1 commenced 19 December 2003 (s 2)

Endnotes 3 Legislation history page 28 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Construction Occupations Legislation Amendment Act 2004 A2004-13 sch 2 pt 2.2 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.2 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.11 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.11 commenced 9 April 2004 (s 2 (1)) Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.3 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.3 commenced 1 January 2006 (s 2 (2)) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.10 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.10 commenced 24 November 2005 (s 2) Building and Construction Industry Training Levy Amendment Act 2006 A2006-54 notified LR 30 November 2006 s 1, s 2 commenced 30 November 2006 (LA s 75 (1)) remainder commenced 1 December 2006 (s 2) Training and Tertiary Education Legislation Amendment Act 2007 A2007-12 sch 1 pt 1.4 notified LR 13 June 2007 s 1, s 2 commenced 13 June 2007 (LA s 75 (1)) sch 1 pt 1.4 commenced 1 July 2007 (s 2 and CN2007-3) Building Legislation Amendment Act 2007 A2007-26 sch 1 pt 1.2 notified LR 13 September 2007 s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.2 commenced 31 March 2008 (s 2 (1) and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

Endnotes Legislation history 3 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.9 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.9 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.4 notified LR 24 May 2013 s 1, s 2 commenced 24 May 2013 (LA s 75 (1)) sch 3 pt 3.4 commenced 14 June 2013 (s 2) Training and Tertiary Education Amendment Act 2014 A2014-48 sch 1 pt 1.3 notified LR 6 November 2014 s 1, s 2 commenced 6 November 2014 (LA s 75 (1)) sch 1 pt 1.3 commenced 20 November 2014 (s 2) Building (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015 A2015-42 pt 3 notified LR 5 November 2015 s 1, s 2 commenced 5 November 2015 (LA s 75 (1)) pt 3 commenced 13 November 2015 (s 2 (1) and CN2015-21) Road Transport Reform (Light Rail) Legislation Amendment Act 2017 A2017-21 sch 1 pt 1.2 notified LR 8 August 2017 s 1, s 2 commenced 8 August 2017 (LA s 75 (1)) sch 1 pt 1.2 commenced 15 August 2017 (s 2) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.11, sch 4 pt 4.19 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.11, sch 4 pt 4.19 commenced 16 November 2025 (s 2 (1), (9))

Endnotes 4 Amendment history page 30 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Long title Long title sub A2005-52 amdt 1.39 Name of Act s 1 sub A2001-93 amdt 1.1 Dictionary s 2 orig s 2 om R1 LRA (see also A2001-44 amdt 1.470) ins A2001-93 amdt 1.1 Notes s 3 hdg sub A1999-68 s 4 (a); A2001-93 amdt 1.3 s 3 defs reloc to dict A2001-93 amdt 1.2 sub A2001-93 amdt 1.3 Offences against Act—application of Criminal Code etc s 3A ins A2005-54 amdt 1.63 The authority pt 2 hdg sub A2005-52 amdt 1.40 Establishment and functions of authority div 2.1 hdg (prev pt 2 div 1 hdg) om A2001-93 amdt 1.4 ins A2005-52 amdt 1.40 Establishment of authority s 4 sub A2001-93 amdt 1.5; A2005-52 amdt 1.40 Functions of authority s 5 sub A2005-52 amdt 1.40 Governing board div 2.2 hdg ins A2005-52 amdt 1.40 Establishment of governing board s 6 om A2001-93 amdt 1.7 ins A2005-52 amdt 1.40 am A2013-19 amdt 3.21 Governing board members s 7 am A2001-93 amdt 1.8; A2003-41 amdt 3.2 sub A2005-52 amdt 1.40 Term of chief executive officer of authority s 7A ins A2005-52 amdt 1.40 No deputy chair s 7B ins A2005-52 amdt 1.40

Endnotes Amendment history 4 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Administration of authority s 8 sub A2005-52 amdt 1.40 Disclosure of interest s 9 am A2003-41 amdt 3.3 om A2005-52 amdt 1.40 Resignation s 10 om A2001-93 amdt 1.9 Ending of appointment s 11 hdg sub A2003-41 amdt 3.4 s 11 am A2001-93 amdt 1.10; A2003-41 amdt 3.4 om A2005-52 amdt 1.40 Acting appointments s 12 om A2001-93 amdt 1.11 Meetings and procedures s 13 om A2005-52 amdt 1.40 Administration s 14 om A2005-52 amdt 1.40 Preliminary pt 3 div 1 hdg om A1999-68 s 5 Definitions for pt 3 s 15 hdg sub A1999-68 s 6 (a) s 15 def Building Act ins A1999-68 s 6 (c) sub A2004-13 amdt 2.3 def building approval sub A1999-68 s 6 (b) def building controller ins A1999-68 s 6 (c) om A2004-13 amdt 2.4 def building work ins A1999-68 s 6 (c) sub A2004-13 amdt 2.5 def exempt work sub A2001-93 amdt 1.12; A2006-54 s 4 am A2007-26 amdt 1.85, amdt 1.86; A2009-20 amdt 3.23; A2025-29 amdt 3.38 note to def exempt work exp 12 September 2002 (s 15A (2)) def owner ins A1999-68 s 6 (c) am A2003-41 amdt 3.5 sub A2004-13 amdt 2.6 def project owner sub A1999-68 s 6 (b); A2001-93 s 4; A2006-54 s 5 def public authority am A2003-41 amdt 3.6 def qualified valuer ins A2001-93 s 5 def value ins A1999-68 s 6 (c) am A2003-41 amdt 3.7

Endnotes 4 Amendment history page 32 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Extended meaning of exempt work s 15A ins A2001-93 amdt 1.13 exp 12 September 2002 (s 15A (2)) Liability for training levy pt 3 div 2 hdg om A1999-68 s 7 Training levy liability s 17 am A1999-68 s 8; A2004-13 amdt 2.7; A2005-52 amdt 1.41 Calculation of training levy s 18 am A1999-68 s 9 Assessment, payment and adjustment of training levy pt 3 div 3 hdg om A1999-68 s 10 Assessment of value of work s 19 sub A1999-68 s 10 am A2001-44 amdt 1.471; A2001-93 s 6; A2005-52 amdt 1.41 sub A2006-54 s 6 am A2015-42 s 14, s 15; pars renum R21 LA Payment of levy s 20 sub A1999-68 s 10 am A2001-93 amdt 1.14; A2005-54 amdt 1.64 Refund of levy if work not carried out s 21 sub A1999-68 s 10; A2005-52 amdt 1.42 Adjustment of levy s 22 sub A1999-68 s 10 am A2003-41 amdt 3.8, amdt 3.9; A2005-52 amdt 1.43 Establishment and operation of fund s 23 am A1999-68 s 11; A2005-52 amdt 1.43 Application of fund s 24 am A1999-68 s 12; A2005-52 amdt 1.43 Approval of training plans s 25 am A2001-44 amdt 1.472, amdt 1.473; A2005-52 amdt 1.43; A2013-19 amdt 3.22; A2025-29 amdt 4.19 Application of training plans s 27 am A2001-93 amdt 1.15; A2006-54 s 7 Funding for training s 28 am A2003-37 amdt 2.5, amdt 2.6; A2005-52 amdt 1.43; A2007-12 amdt 1.7; A2014-48 amdt 1.6

Endnotes Amendment history 4 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Appointment s 29 sub A2003-41 amdt 3.10 am A2005-52 amdt 1.43 Identity cards s 30 sub A2005-54 amdt 1.65 (5)-(7) exp 24 November 2005 (s 30 (7)) (8), (9) exp 1 January 2006 (s 30 (9) (b)) Powers of entry s 31 am A1999-68 s 13; A2003-41 amdt 3.11 Search warrants s 33 am A1999-68 s 14 Powers of inspectors s 34 am A2004-15 amdt 2.26 Contravention of requirement by inspector s 35 am A2001-93 amdt 1.16; A2004-15 amdt 2.27 sub A2005-54 amdt 1.66 False or misleading information s 36 om A2004-15 amdt 2.28 Regulation-making power s 37 sub A2001-44 amdt 1.474 am A2025-29 amdt 4.19 Validation pt 8 hdg ins A2003-56 amdt 1.1 exp 19 December 2003 (s 40) Validation of appointment of members of board s 38 ins A2001-93 s 7 exp 10 September 2002 (s 38 (2)) ins A2003-56 amdt 1.1 exp 19 December 2003 (s 40) Expiry of pt 8 s 40 ins A2003-56 amdt 1.1 exp 19 December 2003 (s 40) Work sch 1 hdg sub A2001-93 amdt 1.17 sch 1 am A2001-93 s 8, s 9, amdt 1.17; A2004-13 amdt 2.8; A2017-21 amdt 1.3

Endnotes 4 Amendment history page 34 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary dict ins A2001-93 amdt 1.18 am A2003-41 amdt 3.12 def authority ins A2005-52 amdt 1.44 am A2013-19 amdt 3.23 def board reloc from s 3 A2001-93 amdt 1.2 om A2005-52 amdt 1.44 def Building Act ins A2001-93 amdt 1.18 def building approval ins A2001-93 amdt 1.18 def building controller ins A2001-93 amdt 1.18 om A2004-13 amdt 2.9 def building work ins A2001-93 amdt 1.18 def chair ins A2005-52 amdt 1.45 def chairperson reloc from s 3 A2001-93 amdt 1.2 om A2005-52 amdt 1.45 def council reloc from s 3 A2001-93 amdt 1.2 def exempt work ins A2001-93 amdt 1.18 def fund reloc from s 3 A2001-93 amdt 1.2 def governing board ins A2005-52 amdt 1.46 def light rail ins A2017-21 amdt 1.4 def member reloc from s 3 A2001-93 amdt 1.2 om A2005-52 amdt 1.47 def owner ins A2001-93 amdt 1.18 sub A2003-41 amdt 3.13 def project owner ins A2001-93 amdt 1.18 sub A2003-41 amdt 3.13 def public authority ins A2001-93 amdt 1.18 def qualified valuer ins A2003-41 amdt 3.14 def rate of levy ins A2001-93 amdt 1.18 def training levy reloc from s 3 A2001-93 amdt 1.2 def training plan reloc from s 3 A2001-93 amdt 1.2 def value ins A2001-93 amdt 1.18 sub A2003-41 amdt 3.15 def work ins A2001-93 amdt 1.18

Endnotes Earlier republications 5 R23 16/11/25 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 (RI) 10 Oct 2005 21 Nov 1999– 9 Sept 2001 A1999-68 reissue of printed version amendments by A1999-68 R2 12 Sept 2001 12 Sept 2001– 10 Sept 2002 A2001-93 amendments by A2001-44 and A2001-93 R3 11 Sept 2002 11 Sept 2002– 12 Sept 2002 A2001-93 commenced expiry R4 13 Sept 2002 13 Sept 2002– 8 Oct 2003 A2001-93 commenced expiry R5 9 Oct 2003 9 Oct 2003– 31 Oct 2003 A2003-41 amendments by A2003-41 R6 1 Nov 2003 1 Nov 2003– 18 Dec 2003 A2003-41 amendments by A2003-37 R7 19 Dec 2003 19 Dec 2003– 19 Dec 2003 A2003-56 amendments by A2003-56 R8 20 Dec 2003 20 Dec 2003– 8 Apr 2004 A2003-56 commenced expiry R9 9 Apr 2004 9 Apr 2004– 31 Aug 2004 A2004-15 amendments by A2004-15 R10 1 Sept 2004 1 Sept 2004– 23 Nov 2005 A2004-15 amendments by A2004-13 R11 24 Nov 2005 24 Nov 2005– 24 Nov 2005 A2005-54 amendments by A2005-54

Endnotes 5 Earlier republications page 36 Building and Construction Industry Training Levy Act 1999 Effective: 16/11/25 R23 16/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R12 25 Nov 2005 25 Nov 2005– 31 Dec 2005 A2005-54 commenced expiry R13 1 Jan 2006 1 Jan 2006– 1 Jan 2006 A2005-54 amendments by A2005-52 R14 2 Jan 2006 2 Jan 2006– 30 Nov 2006 A2005-54 commenced expiry R15 1 Dec 2006 1 Dec 2006– 30 June 2007 A2006-54 amendments by A2006-54 R16 1 July 2007 1 July 2007– 30 Mar 2008 A2007-12 amendments by A2007-12 R17* 31 Mar 2008 31 Mar 2008– 21 Sept 2009 A2007-26 amendments by A2007-26 R18 22 Sept 2009 22 Sept 2009– 13 June 2013 A2009-20 amendments by A2009-20 R19 14 June 2014 14 June 2014– 19 Nov 2014 A2013-19 amendments by A2013-19 R20 20 Nov 2014 20 Nov 2014– 12 Nov 2015 A2014-48 amendments by A2014-48 R21 13 Nov 2015 13 Nov 2015– 14 Aug 2017 A2015-42 amendments by A2015-42 R22 15 Aug 2017 15 Aug 2017– 15 Nov 2025 A2017-21 amendments by A2017-21 © Australian Capital Territory 2025

Several recurring statutory concepts structure the Act: levy (training levy), authority, fund, work, project owner, exempt work, value of work, training plan, approved training and inspectors. Each is defined or operationalised in the text and carries specific consequences.

Authority: The Building and Construction Industry Training Fund Authority is the statutory entity responsible for collecting the levy, operating the fund and making payments in accordance with approved training plans (s 4; s 5). The authority’s governance is delivered through a governing board (s 6-8). The Financial Management Act 1996 applies to governance matters (note to pt 2).
Training levy and rate: The Act sets the levy rate at 0.2% of the value of work for the purposes of Part 3 (s 16). Calculation is a simple multiplication of the assessed value by that rate (s 18).
Project owner and liability: “Project owner” is defined for Part 3: where work is done on land by or for the owner the owner is the project owner; in other circumstances it is the person on whose behalf the work is done (s 15). The project owner bears the levy liability (s 17(2)), and may be required to pay to the Construction Occupations Registrar as agent for the authority (s 17(3)).
Work and Schedule 1: “Work” is defined by reference to Schedule 1 which lists broad categories of construction and related activities such as construction, demolition, earthworks, road works, light rail, bridges, harbour works, electrical works, installation of plant, civil engineering works and site preparation (schedule 1). Work may also be prescribed by regulation (dict, work).
Exempt work and threshold: Exempt work is specifically defined and includes work valued at $10,000 or less, work done by a public authority except where awarded by tender to the public authority, work in relation to exempt buildings and work to which the Building Act Pt 3 does not apply (s 15).
Value of work and assessment: The Act sets out an order of methods to determine value for levy assessment: where work is building work under a demolition order the authority and project owner may agree or, failing agreement, a qualified valuer agreed by both assesses value; otherwise, if the work is building work the value used for building approval fees under the Building Act is used; in other cases the authority and project owner may agree or a qualified valuer may be appointed to assess value (s 19(1)(a)-(c)). The cost of a valuer’s assessment is split equally between the authority and the project owner (s 19(2)).
Fund and permitted uses: The fund consists of levy receipts and interest (s 23(2)), is property of the authority and must be kept separate and expended only as the Act allows (s 23(3)). Permitted uses include administration costs, payments under arrangements (s 24(a)-(b)), refunds (s 24(c)), and payments approved by the authority under s 28 for approved training (s 24(d)).
Training plans and approval: The Minister, after consultation with the council and the authority, may approve a training plan that identifies training needs and funding estimates for a specified year; a plan must be approved on or before 31 October in the year before it has effect or the prior year’s plan continues (s 25(1)-(3); s 27(2)-(3)). An approved plan is a notifiable instrument (s 25(3)).
Approved training and delivery: Expenditure from the fund may only be approved for approved training to be provided by a registered training organisation; “approved training” is to be declared by regulation (s 28(3)-(4); s 28(1)-(2)).
Inspectors and enforcement: The authority may appoint inspectors who receive identity cards and may exercise powers to enter land and premises where the inspector reasonably believes work is being or has been carried out and levy may be unpaid, to require documents and information, to copy records and to seek search warrants (s 29; s 30; s 31-34). The Act preserves limitations such as the occupier’s right to refuse consent to entry (s 32(1)) and a requirement for written acknowledgements where consent is given (s 32(2)). The self-incrimination rule is qualified: a person is not excused from providing information or producing documents on the ground of self-incrimination, but the information or documents are not admissible against the person except in proceedings for offences under the Criminal Code relating to false or misleading statements (s 34(2)).
Regulation-making power: The Executive may make regulations for the Act, including prescribing qualified valuers and work (s 37; schedule 1; dict).

These concepts create an administrative loop: levy collection from project owners, ring-fenced fund managed by the authority, Ministerially approved training plans setting priorities, authority approvals of payments for approved training delivered by registered training organisations, and compliance and enforcement measures (ss 16-19; 23-28; 29-35).

The Act distributes obligations, decision rights and benefits across a consistent set of actors. The statutory allocation of legal responsibility and administrative power is explicit.

Project owners: The primary financial obligor under the Act is the project owner for the relevant work (s 17(2); s 15). If work is done on land by or for the owner, the owner is the project owner; otherwise it is the person on whose behalf the work is done (s 15). Project owners must calculate and pay the levy in the prescribed timeframes (s 18; s 20). They bear the risk of strict liability offences for non-payment (s 20(3)).
Public authorities: Public authorities are generally exempt from the levy except when the public authority is the recipient of work awarded to it through a public tendering process (s 15, exempt work para (b)). The definition of public authority is broad (Territory, Commonwealth, State, corporation established for a public purpose, or other prescribed entity) (s 15).
Owners and occupiers of land: Inspectors may enter land and premises where they reasonably believe work is being or has been carried out and levy may be unpaid; occupiers can consent or refuse entry and, if consenting, must be asked to sign an acknowledgement (s 31; s 32). Occupiers who are asked to produce documents or provide assistance must take all reasonable steps to comply; failure to comply attracts penalties (s 34; s 35).
Construction industry employers and employees: The governing board composition requires representation of employer interests (two members) and employee interests (two members) (s 7(2)-(3)). This gives industry stakeholders a statutory voice in the authority’s governing board.
Registered training organisations (RTOs): The Act restricts funded training to training delivered by RTOs under the National VET Regulator Act 2011 (s 28(3)-(4)). RTOs, therefore, are direct beneficiaries of approved fund allocations.
The authority, governing board and CEO: The authority administers the fund and makes payments according to training plans (s 5; s 23). The governing board composition and role are specified (s 6-8). The CEO has a non‑voting role on the governing board and a maximum appointment term of five years (s 7; s 7A).
The Minister and the council: The Minister has the statutory role of approving training plans after consultation with the council and the authority (s 25(1)). The council (ACT Regional Building & Construction Industry Training Council Incorporated) is the statutory consultation partner (dict, council).
Construction occupations registrar: The Act permits training levy for building work to be paid to the construction occupations registrar as agent for the authority, creating an administrative collection pathway (s 17(3)).
Valuers and other regulated persons: The Act contemplates use of a “qualified valuer” to resolve disputes about value; the regulation-making power allows the Executive to prescribe who is a qualified valuer and other details (s 19(1)(a), (c); s 19(2); s 37).
Inspectors and enforcement agencies: Inspectors appointed by the authority (s 29) exercise investigatory, entry and evidence-gathering powers (s 31-34), and prosecutions for offences under the Act are governed by the Criminal Code (s 3A).

Who pays: economically the immediate payer is the project owner (s 17(2)); the Act does not stipulate contract‑level pass-throughs or pricing mechanics. Who decides: Minister approves training plans (s 25); the authority and its governing board administer and approve disbursements under s 28; inspectors and magistrates decide entry, consent and warrant authorisations (s 31-33).

Who benefits: registered training organisations and trainees for training identified in approved training plans (s 25; s 28). The Act concentrates benefits (fund allocations) through authority approvals and Ministerial plans; costs fall on project owners and, indirectly, possibly on contractors and end purchasers depending on commercial allocation.

The Act creates clear statutory duties and confers operational rights to support levy administration and compliance. Below are the primary duties of private parties and public entities, and the rights they may exercise.

Duties imposed by the Act

Payment duty of project owners: A project owner must pay the training levy when it is payable for work that is not exempt. For building work, the levy must be paid before the issue of the building approval; for non‑building work payment is within seven days after the start of the work (s 17(1); s 20(1)). Subsection 20(2) restates the prohibition and 20(3) makes the offence a strict liability offence with a maximum penalty of 50 penalty units.
Compliance with inspectors: Persons must take all reasonable steps to comply with requirements under s 34(1)(b), (d) or (e), namely producing documents and records, answering questions related to levy calculation and rendering reasonable assistance (s 35). Failure to comply is a penalty (maximum 50 penalty units) (s 35).
Identity card return: Inspectors who cease to be inspectors must return identity cards not later than seven days after cessation (s 30(3)); failure is a strict liability offence with a maximum penalty of one penalty unit (s 30(3)-(4)).

Duties of the authority and Minister

Fund establishment and administration: The authority must establish and maintain the fund consisting of levy receipts and interest, keep it separate and expend it only in accordance with the Act; the authority must administer the fund in the way approved in writing by the Minister (s 23(1)-(4)).
Expenditure limits: The authority may approve fund expenditure only for training identified in the Ministerially approved training plan in effect for a year and must not approve expenditure where commitments would exceed the credit of the fund (s 28(1)-(2)). Expenditure must be for approved training delivered by an RTO (s 28(3)).
Refunds and adjustments: If levy is paid before work starts but work does not start, the authority must refund upon written request within one month (s 21(2)). The authority must also make adjustments where value differs at completion or abandonment under s 22(4)-(5) and pay differences within one month of ascertainment (s 22(6)).
Training plan approval: The Minister may approve training plans after consultation with the council and the authority; plans must identify needs and estimate funds for a year (s 25(1)-(2)). An approved plan is a notifiable instrument (s 25(3)) and must be approved by 31 October in the preceding year or the prior year’s plan continues (s 27(2)-(3)).

Rights and procedural protections

Right to valuation and cost sharing: Where valuation is disputed, the authority and project owner may agree a qualified valuer; if they do not, the value is assessed by a qualified valuer agreed by both parties (s 19(1)(a), (c)). The reasonable cost of the valuer is payable equally by the authority and the project owner (s 19(2)).
Consent and refusal to entry: Occupiers may refuse consent to an inspector’s request for entry; the inspector must inform the occupier of that right before seeking consent (s 32(1)). If consent is given, the inspector must obtain a signed written acknowledgement recording that the occupier was informed of the right to refuse and that consent was given (s 32(2)); absence of the written acknowledgment is presumed (but rebuttable) to mean no consent (s 32(3)).
Protections around self-incrimination: A person is not excused from providing information or documents on the ground of self-incrimination, but the information or document is not admissible against the person except in proceedings for offences relating to false or misleading statements under the Criminal Code (s 34(2)). This creates functional compulsion with limited admissibility protection.

Operational rights of the authority and inspectors

Entry and inspection: Inspectors with reasonable grounds may enter land and premises during normal business hours where they reasonably believe work is being carried out or has been carried out and levy has not been paid in full, and may inspect, require documents and take copies (s 31; s 34(1)(a)-(c)).
Search warrants: If information is placed before a magistrate presenting reasonable grounds that there may be unpaid levy or documents relating to it, the magistrate may issue a warrant authorising entry, search and exercise of powers listed in s 34 (subject to the magistrate being satisfied of reasonable grounds and other procedural requirements) (s 33(1)-(4)).
Administrative control of fund: The authority has the practical decision right to approve fund payments for training identified in an approved training plan and must ensure commitments do not exceed fund balances (s 28(1)-(2)).

Other procedural elements

Use of building approval fee as proxy for value: For building work not covered by demolition order valuation, the “value” for levy purposes is the value used to calculate the fee payable under the Building Act for the building approval (s 19(1)(b)). This ties levy assessment directly to another administrative fee calculation.
Payment via construction occupations registrar: For building work the levy may be paid to the construction occupations registrar as the authority’s agent (s 17(3)), creating an authorised alternative payment route.

The Act also establishes that the Criminal Code chapters governing general principles of criminal responsibility apply to offences (s 3A). Penalty unit values at the republication date are provided in the preface , $160 for an individual and $810 for a corporation , and are relevant to the maximum penalties specified in the Act (prefatory note; s 20; s 35; s 30).

The Act sets out a combination of civil‑administrative remedies and criminalised offences, backed by investigative powers. The enforcement architecture relies on inspector powers, magistrate-issued search warrants and criminal prosecution under the Criminal Code where applicable (s 3A; s 29-35).

Criminal and civil penalties

Timely payment offence: A project owner who fails to pay the levy in the required time commits an offence with a maximum penalty of 50 penalty units; the offence is strict liability (s 20(2)-(3)). The preface to the republication states the value of a penalty unit at the republication date (see preface: penalty unit $160 individual, $810 corporation).
Non‑compliance with inspector requirements: A person who fails to take reasonable steps to comply with a requirement made under s 34(1)(b), (d) or (e) commits an offence carrying a maximum penalty of 50 penalty units (s 35).
Identity card return: An inspector who ceases to be an inspector and does not return the identity card within seven days commits a strict liability offence with a maximum penalty of one penalty unit (s 30(3)-(4)).

Enforcement and investigative powers

Inspectors’ entry powers: Where an inspector has reasonable grounds to believe that work is being carried out or has been carried out and levy has not been paid or not fully paid, the inspector may enter the land and premises during normal business hours to inspect and to obtain documents or records relevant to levy calculation (s 31(1)). Entry can also be by consent (with prescribed consent procedure) (s 31(2)(a); s 32) or under a warrant (s 31(2)(b); s 33).
Requirements to produce information and records: Inspectors may require any person apparently in charge to make documents or records available, provide information including electronic records, answer questions related to levy calculation and render necessary and reasonable assistance to exercise inspector powers (s 34(1)(b)-(e)). Inspectors may inspect, copy and take extracts from documents or records (s 34(1)(c)).
Search warrants: The magistrate may issue a search warrant if information is laid that gives reasonable grounds to suspect unpaid levy or the presence of documents or things connected with an offence under the Act; warrants must specify purpose, nature of the offence or lack of compliance, specific hours or any time of day or night, and an expiry date not later than one month after issue (s 33(1)-(4)).
Notice to occupier: If an inspector enters under a warrant and no-one is present, the inspector must leave a conspicuous notice advising an entry was made (s 31(4)).

Procedural limitations and protections

Consent requirement and written acknowledgement: Before requesting consent to entry, an inspector must inform an occupier that the occupier may refuse consent (s 32(1)). If consent is obtained, the inspector must ask the occupier to sign a written acknowledgment including time and date and a record of being informed of the right to refuse (s 32(2)); absent such a document the court will presume the occupier did not consent, although that presumption is rebuttable (s 32(3)).
Self-incrimination and admissibility: A person is not excused from producing information or documents on the ground that they may incriminate the person, but the information or document is not admissible in evidence against the person except in proceedings for offences under the Criminal Code concerning false or misleading statements; this limits the risk of compelled disclosure being used against the discloser in most proceedings (s 34(2)).
Criminal Code application: The Criminal Code, chapter 2 applies to offences under this Act, meaning general principles of criminal responsibility and defences are available where the Code applies (s 3A and note).

Administrative checks on expenditure and commitments

Expenditure cannot be approved where commitments would exceed the amount standing to the credit of the fund (s 28(2)). This places a fiscal control on the authority and prevents approval of payments that would create unfunded liabilities against the fund.

Prosecutorial pathway and practical enforcement

The Act contemplates investigative work by inspectors and judicial authorisation by magistrates for intrusive searches (s 33). Prosecutions for non-compliance or non-payment can proceed under the Criminal Code and the Act’s prescribed penalty structure; the Act also creates strict liability offences for certain breaches, reducing the evidential burden on the prosecution for those elements (s 20(3); s 30(4)).

Practitioners should note the combination of strict liability offences, inspector powers to compel production with limited admissibility protection, and fiscal controls on fund commitments. The monetary weight of statutory penalties is context-dependent because the preface to the republication sets penalty unit values which may change over time under the Legislation Act mechanisms.

The Act is explicitly designed to operate alongside and reference other legislative frameworks, delegating or aligning functions where appropriate. The republished text makes multiple cross‑references that affect how the levy is assessed, collected and spent.

Key statutory linkages

Building Act 2004: For Part 3 (the levy), several defined terms and operational mechanics depend on the Building Act. The Act defines “Building Act” for Part 3 and uses the fee calculation under the Building Act to determine the value of building work for levy purposes where relevant (s 15; s 19(1)(b)). This creates a direct administrative linkage: building approval fees under the Building Act feed into levy assessment.
Financial Management Act 1996: The governance of territory authorities, including this authority, is regulated by the FMA part 9; the republished law notes that FMA pt 9 deals with corporate status, governing board composition and board member responsibilities (note to pt 2). The authority’s governing board appointments and procedures are therefore subject to FMA rules (s 6-8).
Criminal Code: Section 3A makes clear that the Criminal Code, ch 2 applies to offences against this Act, meaning statutory principles such as intent, recklessness, strict liability and general defences are provided by the Code (s 3A).
National VET Regulator Act 2011 (Cwlth): The Act requires that expenditure for approved training be for training provided by a “registered training organisation”, with the definition referencing the National VET Regulator Act 2011 (s 28(3)-(4)). That Commonwealth Act therefore determines which organisations are eligible recipients of fund payments.
Construction occupations and registrar: The Act permits levy payments for building work to be made to the construction occupations registrar as agent for the authority (s 17(3)), tying the levy collection mechanism into the construction regulatory architecture established by related Territory construction occupations legislation.
Road Transport (General) Act and other laws referred in definitions: Schedule 1 includes “light rail” with a reference to the Road Transport (General) Act 1999 dictionary (schedule 1; dict), bringing transport infrastructure within the scope of “work” for levy purposes where relevant.
Legislation Act 2001: The Act uses standard interpretive and procedural devices from the Legislation Act: the dictionary is part of the Act (s 2); the legal status of notes is clarified (s 3); appointment and other procedural details are governed by the Legislation Act (see notes to ss 29 and 32). The endnotes and amendment history rely on the Legislation Act framework for republication and editorial amendments.

Practical interactions and consequences

Fee-based valuation: The Act uses the fee under the Building Act for a building approval to determine the “value” for levy calculation in many building work cases (s 19(1)(b)). This produces an administrative interaction where a building approval process and associated fee schedule set by the Building Act can materially affect levy quantum; any changes to building approval fee structures under the Building Act will directly feed into levy receipts unless regulations or the Act’s provisions are changed.
Training eligibility and Commonwealth regulation: Because fund disbursement is limited to training delivered by RTOs under the Commonwealth National VET Regulator Act (s 28(3)-(4)), Commonwealth standards and registration decisions determine which providers can deliver funded training. Changes at Commonwealth level (for example, RTO deregistration) will alter the authority’s set of eligible providers.
Inspector powers and judicial oversight: Inspector entries and searches require either consent, reasonable grounds under s 31, or a magistrate-issued warrant under s 33. The magistrate’s warrant power imports judicial oversight into intrusive enforcement actions; the Act requires the informant to provide further information if the magistrate requests it and requires the magistrate to be satisfied of reasonable grounds (s 33(3)). This situates the Act’s enforcement squarely in the Territory criminal procedure architecture.
Regulations and delegated detail: The Act delegates particulars (for example, who counts as a “qualified valuer”, which work can be prescribed as work or exempt, and what counts as “approved training”) to regulations (s 37; schedule 1; s 28(4)). This means the Executive can change operational details without amending the Act itself and practitioners must consult subordinate legislation for the full compliance picture.

Overall, the Act embeds levy administration within existing building approval, financial management and vocational education regulatory systems. The effect is an integrated, statutory funding mechanism whose operation depends on administrative decisions and inter‑statutory harmonisation.

The republished text includes a detailed amendment history in the endnotes (endnotes 3-4). The Act has been amended multiple times since first being notified in 1999. The republished law is current as at 16 November 2025. Key points in the amendment record are:

Enactment and early amendments: The Building and Construction Industry Training Levy Act 1999 (A1999‑30) was notified on 21 May 1999 and the remainder of the Act commenced on 21 November 1999 (endnote 3). A first amending Act was the Building and Construction Industry Training Levy Amendment Act 1999 (A1999‑68) which was notified 3 December 1999 (endnote 3).
2001 and early‑2000s changes: The Legislation (Consequential Amendments) Act 2001 and Building and Construction Industry Training Levy Amendment Act 2001 inserted and relocated multiple definitions and provisions (endnote 3). The Act was further amended in 2003-2004 across several measures, including changes affecting definitions and valuation (endnote 3).
Governance and administrative reforms: The Financial Management Legislation Amendment Act 2005 and related amendments introduced governance adjustments for the authority, moving presentation of the governing board and reflecting Financial Management Act arrangements (endnote 3; amendment history notes). Section insertions in 2005 included s 3A (application of the Criminal Code) via the Criminal Code Harmonisation Act 2005 (A2005‑54) inserted as s 3A (endnote 3; amendment history).
Subsequent substantive amendments: The Act’s provisions on scope of work, definitions, valuation, inspector powers and training plan processes were modified in various Acts including the Building Legislation Amendment Act 2007, Statute Law Amendment Acts, and sector-specific measures such as the Construction Occupations Legislation Amendment Act 2004 and the Training and Tertiary Education Legislation Amendment Act 2007 and 2014 (endnote 3).
Recent amendments and republishing: The republished Act records the Statute Law Amendment Act 2025 (A2025‑29) which made amendments that commenced 16 November 2025 for certain parts (endnote 3). The republished law includes editorial and formal amendments authorised under the Legislation Act 2001, part 11.3 (see prefatory material).
Specific amendment notes in the amendment history show minor and technical changes across sections and definitions (endnote 4). For example, s 7A (term of chief executive officer not more than five years) and s 7B (no deputy chair) appear as enacted amendments in the governance parts (amendment history lines).
Schedule and definition changes: Schedule 1 work definitions and dictionary entries have been amended across the life of the Act, including the 2017 Road Transport Reform (Light Rail) amendment which inserted light rail references into schedule 1 and the dictionary (endnote 3; amendment history).

The republication includes the chronology of amendments and indicates which provisions commenced on particular dates. Practitioners should consult the endnotes for the precise amending Acts and commencement dates relevant to each provision and cross‑check any subordinate instruments and regulations referenced (endnotes 3-4). Because the Act delegates operational detail to regulations (s 37), changes at subordinate law level may materially affect how the Act operates without a further amendment to the principal text.

The republished statute as provided does not record any judicial decisions or litigation history. The Act’s endnotes and amendment history (endnotes 3-4) document legislative changes but do not include case law. The only references to prosecutorial and criminal principles are statutory: s 3A expressly applies the Criminal Code, chapter 2, to offences under the Act, so prosecutions will be brought using the Code’s general principles once enforcement action proceeds.

What the text provides and what it does not

No cases are named or summarised in the republished Act. The endnotes list legislative history and amendment history only (endnotes 3-4).
The Act contemplates and enables enforcement action by inspectors, warrants by magistrates and prosecutions under the Criminal Code (ss 29-35; s 3A). Any litigation stemming from these processes,whether for contested warrants, prosecutions for non‑payment, civil recovery of levy amounts, judicial review of administrative decisions by the authority or disputes over valuation,would appear in court databases and reported decisions, not in the statute’s endnotes.
Because the Act creates strict liability offences and prescribes inspectors’ powers, litigated issues that could arise include the scope of inspectors’ reasonable‑grounds thresholds for entry under s 31, judicial oversight of search warrants under s 33, admissibility of compelled documents and the limited protection in s 34(2), and challenges to fund disbursement decisions under ss 23-28.

Practical implication for research and practice

The absence of included case law in the republished Act means practitioners must search judicial databases for any decisions interpreting particular provisions, especially s 19 (valuation), s 20 (payment timing and strict liability), ss 31-34 (inspector powers, entry and warrants) and s 28 (funding approvals and limits).
Because prosecutions will be shaped by Criminal Code doctrines (s 3A), case law applying the Code to strict liability offences and the particular statutory elements of s 20 and s 35 will be relevant to defence strategies or prosecutorial assessments.
Where valuation disagreements arise, the Act contemplates a qualified valuer agreed by the authority and owner; litigated valuation disputes that proceed to court would be a matter for expert evidence and usual judicial procedures on valuation disputes.

In short, the statute contains the enforcement architecture but does not itself catalogue litigation. For precedent and interpretive guidance, independent legal research in tribunal and court decisions is required, focusing on issues the Act raises and on application of the Criminal Code to strict liability statutory offences.

The Act includes a number of operational features and potential pitfalls that practitioners and compliance officers should watch closely. Each “gotcha” below is rooted in the text and highlights where legal mechanics can produce practical friction, timing risk, or allocational consequences.

Exempt work threshold and public authority exceptions (s 15)

Work valued at $10,000 or less is expressly exempt (s 15, exempt work para (a)). That bright line is administratively convenient but can create borderline valuation disputes where the value sits near $10,000. For projects just above the threshold small valuation differences change whether the levy applies.
Work done by a public authority is exempt except where the work has been awarded to the public authority because of a public tendering process (s 15, exempt work para (b)). This carve-out can produce counterintuitive results: a public authority’s internally procured work is exempt, but tender-awarded contracts to a public authority are not exempt. Careful contract and procurement review is necessary.

Use of building approval fee as proxy for value (s 19(1)(b))

For building work that is not a demolition‑order case, the value used for levy purposes is the value used to work out the fee payable under the Building Act in relation to the issue of the building approval (s 19(1)(b)). If the Building Act’s fee schedule does not proportionally reflect the real market cost of works,because the Building Act fee is based on different parameters,this can produce under‑ or over‑collection of levy relative to project economics. Practitioners must reconcile how the Building Act fee regime translates into levy exposure.

Payment timing can delay approvals (s 20(1)(a))

For building work the levy must be paid before the issue of the building approval (s 20(1)(a)). If payment is not made, building approvals can be delayed pending payment, which can create cashflow and scheduling pressure for developers and project owners. The Act also makes this a strict liability offence (s 20(3)), increasing compliance risk.

Strict liability offences reduce available defences (s 20(3); s 30(4))

Several offences are strict liability, such as the obligation in s 20 and the identity card return in s 30; strict liability removes fault elements and can make compliance slips more prosecutable. Practitioners must focus on administrative systems to ensure timely payment and statutory compliance.

Valuation disputes require agreement on a qualified valuer and cost split (s 19(1)-(2))

Where value is disputed the authority and project owner are to agree on a qualified valuer; if they disagree the qualified valuer agreed by the authority and the owner assesses value (s 19(1)(a), (c)). The reasonable cost of the valuer is payable equally by the authority and the project owner (s 19(2)). This cost-splitting rule reduces the financial barrier to obtaining a valuation, but the need to agree on a valuer can itself produce delay or tactical dispute if either side refuses to agree.

Inspector powers and compelled production with limited admissibility protection (s 34(2))

Inspectors can require production of documents and information even where the material may incriminate the person (s 34(2)). The Act limits admissibility such that the information is not admissible in most proceedings against the person, but it is admissible in proceedings under the Criminal Code for false or misleading statements (s 34(2)). This creates a compelled‑disclosure regime with specific risk for false statements and requires careful legal advice when responding to inspector requests.

Consent procedure and evidential presumption (s 32)

If consent to entry is given an inspector must obtain a signed written acknowledgement; absence of that acknowledgement is presumed to mean no consent if material in later proceedings, though the presumption is rebuttable (s 32(2)-(3)). Organisations should refuse consent unless the acknowledgement is prepared and signed, to preserve procedural rights.

Fund expenditure restricted to approved training and RTOs (s 28)

Fund payments can only be for training declared as approved training by regulation and provided by a registered training organisation (s 28(3)-(4)). This limits flexibility: entities that are not RTOs cannot receive fund money even if they might deliver useful industry training. The authority must also ensure aggregate commitments do not exceed fund balances (s 28(2)), which can result in unfunded demand even if training needs are identified in a plan.

Ministerial timing for training plans (s 27)

A training plan has no effect unless approved by the Minister on or before 31 October in the year immediately before the year specified (s 27(2)). If the Minister fails to approve by that date the prior year’s plan continues (s 27(3)), which may leave plan priorities frozen rather than updated in a timely way. Timing risk can affect allocations and industry planning.

Delegated details by regulation (s 37)

Several operational details are reserved to regulation, including who counts as a qualified valuer, what training is “approved training,” and potentially some work definitions (s 37; s 28(4); dict). Practitioners must consult subordinate legislation for the full operational requirements.

Payment route and administrative flow (s 17(3))

The Act allows for the construction occupations registrar to receive levy payments as agent for the authority for building work (s 17(3)). Depending on administrative arrangements, this can complicate reconciliation and require coordination between the authority and the registrar.

Small penalty for identity card non‑return but strict liability (s 30(3)-(4))

Inspectors who do not return identity cards within seven days face a one penalty unit strict liability offence (s 30(3)-(4)). Although the monetary penalty is small, the strict liability nature underscores procedural care in inspector administration.

These are concrete statutory features where administrative practice, commercial contracts and operational systems must align to avoid payment delays, valuation disputes, enforcement escalation, or ineligibility for fund allocations.

Complying with the Act requires integrating statutory triggers into project workflows, procurement, finance and training procurement systems. Below is a practical compliance checklist linked to statutory provisions and suggested operational steps.

Determine whether the work attracts the levy

Confirm whether the project falls within “work” as defined by schedule 1 or as prescribed by regulation (dict, work; schedule 1). If it appears to be work, check whether it is “exempt work” (s 15). Exemptions include work valued at $10,000 or less and work done by a public authority except tender-awarded work (s 15).
Practical step: Add a pre-contract compliance check that maps the project scope against schedule 1 categories and the $10,000 threshold.

Identify the project owner and payment responsibility

Confirm who is the project owner under s 15: owner of land if work is done on land by or for the owner, otherwise the person on whose behalf the work is done (s 15; s 17(2)). The project owner is the payer (s 17(2)).
Practical step: Ensure contracts state who is the project owner for levy purposes and include payment and indemnity clauses allocating economic responsibility where parties wish to allocate cost internally.

Assess the value of the work and calculate the levy

Use the valuation path in s 19. For building work (other than demolition‑order cases), use the same value used to compute the building approval fee under the Building Act (s 19(1)(b)). For other cases, seek agreement with the authority or anticipate a qualified valuer assessment (s 19(1)(a), (c)).
Multiply the assessed value by 0.2% (s 16; s 18).
Practical step: Integrate the levy calculation into the building approval and project start checklists so the payment amount is available prior to a building approval or at the start of work.

Pay in the statutory timeframe and obtain receipts

For building work pay before the issue of the building approval; for non-building work pay within seven days of the start of work (s 20(1)). For building work the levy may be paid to the construction occupations registrar as agent where applicable (s 17(3)).
Keep documentary evidence of payment to avoid strict liability exposure (s 20(3)).
Practical step: Require evidence of levy payment as a condition precedent in subcontractor and procurement processes and in the financial sign‑off for building approval applications.

Manage valuation disputes and qualified valuer selection

If a dispute on value arises, attempt to agree a qualified valuer with the authority. If agreement is impossible the Act calls for a qualified valuer agreed by both sides to assess value; the authority and project owner share reasonable valuation costs equally (s 19(1)-(2)).
Practical step: Pre‑identify suitable qualified valuers and include valuation dispute procedures in project governance; budget for an equal split of valuation costs if a dispute cannot be avoided.

Responding to inspectors

If an inspector seeks entry, remember the occupier may refuse consent and must be informed of that right before consent is sought (s 32(1)). If consent is given ensure the written acknowledgement is completed as required (s 32(2)). If a warrant is produced, the inspector will have authority to enter under the warrant (s 31(2)(b); s 33).
When documents are requested under s 34, comply with all reasonable steps to produce them (s 35), but be aware of the limited admissibility protection for compelled documents (s 34(2)).
Practical step: Maintain organised and searchable records relating to project valuations, contracts, invoices, payments and approvals; set a legal point of contact to manage inspector interactions and preserve procedural protections in acknowledgements and consents.

Refunds and adjustments

If levy was paid before work starts but the work does not start, submit a written refund request to the authority , the authority must refund within one month (s 21(1)-(2)).
If the value changes at completion or abandonment, notify the authority and request recalculation under s 22; either the authority or the project owner can give notice to the other to recalculate (s 22(2)).
Practical step: Track project statuses and trigger refund or reassessment requests early; include tracking in project close‑out routines.

Training plan and fund interactions

If aiming to access fund money for training, ensure the proposed training is included in the Minister‑approved training plan in effect for the year and that it qualifies as “approved training” (s 25; s 27; s 28(1), (3)-(4)). Confirm that the proposed training provider is a registered training organisation (s 28(3)).
Practical step: Coordinate with the authority and council during the training plan consultation cycle; ensure applications for fund disbursements show conformity with the plan and that commitments do not exceed fund balances (s 28(2)).

Governance and board engagement

Stakeholders seeking representation should be aware of the governing board composition: six members with two employer and two employee representatives; the chair must not be an employer or employee representative; the CEO is a non‑voting member with a maximum appointment term of five years and there must be no deputy chair (s 6; s 7; s 7A; s 7B).
Practical step: For industry bodies seeking influence over training priorities, engage in council consultations and tender to be considered for board appointments consistent with the statutory representation model.

Regulatory monitoring

Because the Act leaves several particulars to regulation , including what constitutes approved training and who is a qualified valuer , keep a monitoring process for subordinate legislation under s 37 and for any notifiable instruments (s 25(3)).
Practical step: Subscribe to the Territory legislation register and the authority’s communications for updates to regulations and training plans.

Compliance checklist summary (reference the sections)

Is the work “work” (schedule 1/dict)? (s 15; schedule 1)
Is the work exempt (s 15, including $10,000 threshold)? (s 15)
Who is the project owner (s 15; s 17(2))?
What is the value for levy purposes and how is it calculated (s 19; s 16; s 18)?
Has the levy been paid in the correct timeframe (s 20(1)) and is there documentary proof (s 20(2)-(3))?
If valuation disputed, is a qualified valuer agreed or appointed; track cost share (s 19(1)-(2))?
If inspectors seek records, follow s 32 and s 34 procedures and consult counsel regarding s 34(2) protections.
If training funding is sought, ensure the training is in an approved training plan and provided by an RTO (s 25; s 28).

Adopting these steps will reduce the risks of late payment, valuation disputes, enforcement action and ineligibility for fund disbursements. The statutory text should be read with relevant subordinate legislation (regulations), the Building Act processes, and the National VET Regulator Act requirements to ensure full operational compliance.

Building and Construction Industry Training Levy Act 1999

Plain English Summary

Deep Dive

What it does

Current sections

Building and Construction Industry Training Levy Act 1999

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply