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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
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