New South Wales Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS ACT 1986 - SECT 41

41 Supplementary payment of long service levies

(1) In this section a reference to a person liable to pay a long service levy is a reference to:

(a) a person who has paid that levy or was liable to pay that levy when it was first due for payment as referred to in sections 37 and 38, or

(b) subject to section 38, any other person for whom the building has been or is being erected.

(2) A person liable to pay a long service levy in respect of the erection of a building shall, if so required by the Corporation by notice in writing, furnish to the Corporation such information as is specified in the notice in relation to the actual cost of erecting the building.

Maximum penalty: 20 penalty units.

(3) Where, from such information as satisfies the Corporation, it appears to the Corporation that:

(a) any building in respect of which a long service levy is payable is wholly or partly completed,

(b) the cost of erecting the building as then determined by the Corporation exceeds the cost of erecting the building as last determined by the Corporation, and

(c) the amount of that excess is not less than the prescribed amount referred to in subsection (6),

the Corporation may, by notice in writing served on a person liable to pay the long service levy, require that person to pay to the Corporation, within such time as is specified in the notice, an additional amount of the long service levy so specified, being the amount calculated at the rate prescribed by section 35 on the amount of that excess.

(4) A person on whom a notice is served under subsection (3) shall comply with the notice.

Maximum penalty: 20 penalty units.

(5) A notice under this section may be served on more than one occasion in respect of the erection of the same building.

(6) For the purposes of subsection (3) (c), the prescribed amount is:

(a) except as provided by paragraph (b)-$10,000, or

(b) such other amount as may be prescribed by the regulations.