Construction Industry Training Fund Regulations 2021 (SA)

South Australia Construction Industry Training Fund Regulations 2021 under the Construction Industry Training Fund Act 1993

Contents 1 Short title 3 Interpretation 4 Sectors of the building and construction industry 4A Composition of Board 5 Exemptions—prescribed amount 6 Forms 7 Penalties 8 Notice of variation—prescribed amount 9 Adjustment of amount paid—prescribed amount 10 Prosecutions 11 Records 12 Offence 13 Items not subject to levy 14 Building or construction work—Schedule 1—Maintenance 15 Exclusions—Schedule 1—Mining and Petroleum Schedule 1—Prescribed employee associations 1 Prescribed employee associations Schedule 2—Prescribed employer associations 1 Prescribed employer associations Legislative history

1—Short title These regulations may be cited as the Construction Industry Training Fund Regulations 2021. 3—Interpretation In these regulations— Act means the Construction Industry Training Fund Act 1993. 4—Sectors of the building and construction industry For the purposes of section 3(3) of the Act, the sectors of the building and construction industry are constituted as follows: (a) The housing sector That part of the building and construction industry which carries out building or construction work on, or resulting in, a building that is a residential dwelling unit, or a number of residential dwelling units, each of which contains cooking and bathing facilities and is intended to be used predominantly for long term residential purposes. A building that is a dwelling unit which is part of an educational institution, a hospital or other building offering institutional care or temporary accommodation (such as a motel, hostel or holiday apartment) is not included in the housing sector; (b) The commercial sector That part of the building and construction industry, other than the housing sector, which carries out building or construction work on, or resulting in, a rigid, fixed and permanent structure with a roof, the intended purpose of which is for the shelter, or the use, of people, plants, machinery, goods or livestock; (c) The civil sector The remainder of the building and construction industry. 4A—Composition of Board (1) For the purposes of section 5(1aa)(a) of the Act— (a) the Minister must, prior to nominating a person for appointment as a member of the Board for the purposes of section 5(1)(a) of the Act, consult with the prescribed employer associations; and (b) the Minister must, prior to nominating a person for appointment as a member of the Board for the purposes of section 5(1)(b) of the Act, consult with the prescribed employee associations. (2) For the purposes of section 5(1aa)(b) of the Act— (a) the Minister may only nominate a person for appointment to the Board for the purposes of section 5(1)(a) of the Act if the person is an employee, member or officer of a prescribed employer association; and (b) the Minister may only nominate a person for appointment to the Board for the purposes of section 5(1)(b) of the Act if the person is an employee, member or officer of a prescribed employee association. (3) In this regulation— prescribed employee association—see Schedule 1; prescribed employer association—see Schedule 2. 5—Exemptions—prescribed amount For the purposes of section 23(1) of the Act, an amount of $100 000 is prescribed. 6—Forms (1) A levy paid for the purposes of the Act must be accompanied by information determined by the Board and that information must be given in a manner and form determined by the Board. (2) For the purposes of section 23(4)(c) of the Act, an application for the benefit of section 24(4) of the Act must be made to the Board. (3) An application or notification to the Board for the purposes of the Act must be accompanied by information determined by the Board and be made or given in a manner and form determined by the Board. (4) The Board may require that information be furnished to the Board in the form of a statutory declaration under Part 3 of the Oaths Act 1936. 7—Penalties For the purposes of section 25(1)(b) of the Act, the following amounts are prescribed as maximum amounts that may be imposed by the Board under that section if a project owner fails to pay a levy due under the Act in accordance with the requirements of the Act: