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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
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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).
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contents 1
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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
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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
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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
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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
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Act 1999
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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
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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
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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
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(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
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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
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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.
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Section 16
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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
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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
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Section 21
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(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
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(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
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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
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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
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(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
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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
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Section 32
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(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
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(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.
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(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
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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
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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
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Part 7 Miscellaneous
37 Regulation-making power
The Executive may make regulations for this Act.
Schedule 1 Work
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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