Building and Construction Industry (Portable Long Service Leave) (Levy Changes) Amendment Regulation 2020


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1Short title

This regulation may be cited as the Building and Construction Industry (Portable Long Service Leave) (Levy Changes) Amendment Regulation 2020.

2Commencement

This regulation commences on 1 July 2020.

3Regulation amended

This regulation amends the Building and Construction Industry (Portable Long Service Leave) Regulation 2013.

4Amendment of s 1A (Definitions)

Section 1A, ‘schedule 2’—
omit, insert—

schedule 1

5Replacement of s 6 (Percentages for levy—Act, s 72)

Section 6—
omit, insert—

6Percentages for levy—Act, s 72

For section 72 of the Act, the percentages are—
(a)for the building and construction industry training levy—0.1%; and
(b)for the long service leave levy—0.35%; and
(c)for the work health and safety levy—0.125%.

6Amendment of s 10 (Additional levy—Act, s 80)

(1)Section 10—
insert—
(1A)However, if the levy paid was an amount worked out by applying percentages (the applicable percentages) other than the percentages mentioned in section 6, the amount of the additional levy must be worked out by applying the applicable percentages.
(2)Section 10(1A) and (2)—
renumber as section 10(2) and (3).

7Insertion of new pt 7, div 4

Part 7—
insert—

Division 4 Transitional provisions for Building and Construction Industry (Portable Long Service Leave) (Levy Changes) Amendment Regulation 2020

23Definitions for division

In this division—
amendment regulation means the Building and Construction Industry (Portable Long Service Leave) (Levy Changes) Amendment Regulation 2020.
former, in relation to a provision, means the provision as in force from time to time before it was amended by the amendment regulation.

24Levy for building and construction work notified before commencement

(1)This section applies to the levy payable for building and construction work if—
(a)before the commencement, an approved form was filed under section 67(2) of the Act in relation to the work; and
(b)immediately before the commencement, the levy had not been paid in full.
(2)Former section 6 and former schedule 1 continue to apply for calculating the levy as if the amendment regulation had not commenced.

25Additional amount of levy for building and construction work notified before commencement

(1)This section applies to the additional amount of levy payable for building and construction work if—
(a)before the commencement, an approved form was filed under section 67(2) of the Act in relation to the work; and
(b)after the commencement, notice is given to the authority under section 67(4) of the Act in relation to the work.
(2)Former section 6 and former schedule 1 continue to apply for calculating the additional amount of levy as if the amendment regulation had not commenced.

8Omission of sch 1 (Percentages for levy)

Schedule 1—
omit.

9Renumbering of sch 2 (Dictionary)

Schedule 2—
renumber as schedule 1.