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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Building and Construction Industry Training
Fund and Levy Collection Amendment Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Building and Construction
Industry Training Fund and Levy
Collection Act 1990 amended
3. Act amended 3
4. Section 21 amended 3
5. Schedule 2 replaced 4
Schedule 2 -- Estimating the value of
construction work
1. Terms used 4
2. Estimation of value 4
Part 3 -- Building and Construction
Industry Training Fund and Levy
Collection Regulations 1991
amended
6. Regulations amended 6
7. Regulation 6 deleted 6
031--1 page i
Western Australia
LEGISLATIVE COUNCIL
Building and Construction Industry Training
Fund and Levy Collection Amendment Bill 2009
A Bill for
An Act to amend the --
· Building and Construction Industry Training Fund and Levy
Collection Act 1990; and
· Building and Construction Industry Training Fund and Levy
Collection Regulations 1991.
The Parliament of Western Australia enacts as follows:
page 1
Building and Construction Industry Training Fund and Levy Collection
Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Building and Construction Industry Training Fund
4 and Levy Collection Amendment Act 2009.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on the day after that day.
page 2
Building and Construction Industry Training Fund and Levy Collection
Amendment Bill 2009
Building and Construction Industry Training Fund and Levy Part 2
Collection Act 1990 amended
s. 3
1 Part 2 -- Building and Construction Industry Training
2 Fund and Levy Collection Act 1990 amended
3 3. Act amended
4 This Part amends the Building and Construction Industry
5 Training Fund and Levy Collection Act 1990.
6 4. Section 21 amended
7 (1) In section 21(1)(a) and (b)(i) delete "as prescribed;" and insert:
8
9 under Schedule 2;
10
11 (2) After section 21(3) insert:
12
13 (4) It is declared, to avoid doubt --
14 (a) that regulation 6 has always been valid; and
15 (b) that the estimation of the value of construction
16 work as prescribed in regulation 6 has always
17 been authorised; and
18 (c) that the doing of any of the following on the
19 basis of the value so estimated has always been
20 valid --
21 (i) the imposition of the levy;
22 (ii) the calculation and collection or
23 recovery of a required amount;
24 (iii) the payment to the Fund of a required
25 amount collected or recovered.
26 (5) In subsection (4) --
27 regulation 6 means the Building and Construction
28 Industry Training Fund and Levy Collection
29 Regulations 1991 regulation 6 as originally made and
page 3
Building and Construction Industry Training Fund and Levy Collection
Amendment Bill 2009
Part 2 Building and Construction Industry Training Fund and Levy
Collection Act 1990 amended
s. 5
1 as amended from time to time until its repeal by the
2 Building and Construction Industry Training Fund and
3 Levy Collection Amendment Act 2009 section 7;
4 required amount means --
5 (a) an amount of levy; or
6 (b) an amount under section 22(b) or 24.
7
8 5. Schedule 2 replaced
9 Delete Schedule 2 and insert:
10
11 Schedule 2 -- Estimating the value of
12 construction work
13 [s. 21]
14 1. Terms used
15 In this Schedule --
16 GST has the meaning given in the A New Tax System
17 (Goods and Services Tax) Act 1999 (Commonwealth);
18 relevant components means --
19 (a) all goods (including manufactured goods) forming
20 part of the construction work; and
21 (b) labour; and
22 (c) services necessary; and
23 (d) fees payable; and
24 (e) overheads to be met; and
25 (f) profit margin.
26 2. Estimation of value
27 For the purposes of section 21(1)(a) and (b) --
28 (a) where the construction work is to be carried out
29 under a contract and the contract price includes
page 4
Building and Construction Industry Training Fund and Levy Collection
Amendment Bill 2009
Building and Construction Industry Training Fund and Levy Part 2
Collection Act 1990 amended
s. 5
1 value for at least each of the relevant
2 components -- the estimated value of the
3 construction work is the contract price (including
4 the GST); and
5 (b) where the construction work is to be carried out --
6 (i) other than under a contract; or
7 (ii) under a contract the contract price for which
8 does not include value for each of the
9 relevant components,
10 the estimated value of the construction work is the
11 sum of the value (including the GST) of the relevant
12 components.
page 5
Building and Construction Industry Training Fund and Levy Collection
Amendment Bill 2009
Part 3 Building and Construction Industry Training Fund and Levy
Collection Regulations 1991 amended
s. 6
1 Part 3 -- Building and Construction Industry Training
2 Fund and Levy Collection Regulations 1991 amended
3 6. Regulations amended
4 This Part amends the Building and Construction Industry
5 Training Fund and Levy Collection Regulations 1991.
6 7. Regulation 6 deleted
7 Delete regulation 6.
8
page 6
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