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TASMANIA
__________
BUILDING AND CONSTRUCTION
INDUSTRY TRAINING FUND AMENDMENT
BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Preamble repealed
5. Section 3 amended (Interpretation)
6. Part 2, Division 1: Heading amended
7. Sections 4 and 5 substituted
4. Establishment of the Board
5. Members of the Board
8. Section 7 amended (Functions of the Board)
9. Section 8A inserted
8A. Board to convene industry forum
10. Section 9 substituted
9. Delegation
11. Part 2, Division 1A inserted
Division 1A - Committees
9A. Committees
9B. Procedure of committees
12. Section 10A inserted
10A. Ministerial directions
[Bill 70]-II
13. Section 11 amended (Powers of Minister)
14. Section 13 amended (Appointment and powers of
administrator)
15. Section 16 amended (Termination of administration)
16. Section 18 repealed
17. Section 21 substituted
21. Imposition of levy
18. Section 22 amended (Rate of levy)
19. Section 23 substituted
23. Estimated value of building or construction work
20. Section 24 amended (Exemption for certain work)
21. Section 28 amended (Offence for non-payment of levy)
22. Section 29 amended (Notice of variation)
23. Section 30 amended (Adjustment of amount paid)
24. Section 33 amended (Offence to provide false
information)
25. Section 36 amended (Building and Construction Industry
Training Fund)
26. Section 38 amended (Powers of entry and inspection)
27. Section 42 amended (Regulations)
28. Section 43 substituted
43. Savings and transitional
29. Schedule 1 repealed
30. Schedule 2 substituted
Schedule 2 - Building or Construction Work to which
this Act Applies
31. Schedule 3 repealed
32. Schedule 4 amended (Membership of the Board)
33. Schedule 5 amended (Meetings of the Board)
34. Schedule 6 substituted
Schedule 6 - Savings and Transitional
2
BUILDING AND CONSTRUCTION
INDUSTRY TRAINING FUND AMENDMENT
BILL 2004
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to amend the Building and Construction
Industry Training Fund Act 1990
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Building and Construction
Industry Training Fund Amendment Act 2004.
Commencement
2. This Act commences on a day to be proclaimed.
[Bill 70] 3
s. 3 No. Building and Construction Industry 2004
Training Fund Amendment
Principal Act
3. In this Act, the Building and Construction Industry
Training Fund Act 1990* is referred to as the Principal
Act.
Preamble repealed
4. The Principal Act is amended by omitting the
preamble.
Section 3 amended (Interpretation)
5. Section 3(1) of the Principal Act is amended as follows:
(a) by omitting the definitions of "building notice"
and "building or construction work" and
substituting the following definition:
"building or construction work" -
(a) includes building or
construction work specified
in item 2 of Schedule 2; but
(b) does not include building or
construction work specified
in item 3 of Schedule 2;
(b) by omitting the definition of "project owner"
and substituting the following definition:
"project owner", in respect of building
or construction work, means -
*No. 38 of 1990
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2004 Building and Construction Industry No. s. 6
Training Fund Amendment
(a) the person for whose direct
benefit the building or
construction work is done; or
(b) if the person referred to in
paragraph (a) has engaged
another person to carry out
or cause to be carried out all
of the building or
construction work, the
person so engaged;
Part 2, Division 1: Heading amended
6. Division 1 of Part 2 of the Principal Act is amended by
omitting "Continuation, functions, &c., of the Board"
from the heading to that Division and substituting
"Establishment, functions, &c., of the Board".
Sections 4 and 5 substituted
7. Sections 4 and 5 of the Principal Act are repealed and
the following sections are substituted:
Establishment of the Board
4. (1) The Tasmanian Building and Construction
Industry Training Board is established.
(2) The Board -
(a) is a body corporate with perpetual
succession; and
(b) may acquire, hold and dispose of real
and personal property; and
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Training Fund Amendment
(c) may sue and be sued in its corporate
name; and
(d) may do and suffer all acts and things
that a body corporate may by law do and
suffer.
Members of the Board
5. (1) The Board consists of the following members
appointed by the Minister:
(a) one person who is appointed as
chairperson of the Board;
(b) three persons who have knowledge and
understanding of the interests of
employees within the building and
construction industry;
(c) five persons who between them have
knowledge and experience of the
following:
(i) residential building;
(ii) non-residential building;
(iii) civil construction;
(iv) building services;
(v) building professions.
(2) Before appointing a member, the Minister
is to give notice in at least 3 daily newspapers
published and circulating in the State that persons
interested in being members may provide written
expressions of interest to the Minister within the
period specified in the notice.
(3) The Board is to contain, if practicable -
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2004 Building and Construction Industry No. s. 8
Training Fund Amendment
(a) at least one member from each of the
northern region, the north-western
region and the southern region; and
(b) a balance of genders; and
(c) members with knowledge and skills in
respect of -
(i) all sections within the building
and construction industry; and
(ii) vocational education and training;
and
(iii) policy development and strategic
planning.
(4) Schedule 4 has effect in relation to
membership of the Board.
(5) Schedule 5 has effect in relation to
meetings of the Board.
Section 7 amended (Functions of the Board)
8. Section 7 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsection:
(1) The Board is the principal advisor to
the Minister on all matters relating to training
in the building and construction industry and,
in particular, is to advise the Minister in
relation to skill requirements for the building
and construction industry and the training
arrangements to meet those requirements.
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Training Fund Amendment
(b) by omitting paragraph (a) from subsection (2)
and substituting the following paragraphs:
(a) to promote training in the building
and construction industry;
(ab) to promote the Board, and its aims
and activities, to the building and
construction industry;
(c) by omitting from subsection (2)(b) "accredited
or approved by the building and construction
industry" and substituting "approved by the
Board";
(d) by inserting the following paragraphs after
paragraph (c) in subsection (2):
(ca) to liaise with appropriate training
organisations and other bodies;
(cb) to advise on, and coordinate,
training resources;
Section 8A inserted
9. After section 8 of the Principal Act, the following
section is inserted in Division 1:
Board to convene industry forum
8A. (1) The Board is to hold a public meeting at
least once in each calendar year for interested
members of the building and construction industry -
(a) to consider issues that relate to the
development of skills within the
industry; and
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2004 Building and Construction Industry No. s. 10
Training Fund Amendment
(b) to provide advice on those issues to the
Board.
(2) The Board is to give not less than 2 weeks'
notice of the public meeting in at least 3 daily
newspapers published and circulating in the State.
Section 9 substituted
10. Section 9 of the Principal Act is repealed and the
following section is substituted:
Delegation
9. The Board may delegate any of its functions or
powers under this Act other than this power of
delegation.
Part 2, Division 1A inserted
11. After section 9 of the Principal Act, the following
Division is inserted in Part 2:
Division 1A - Committees
Committees
9A. (1) The Board may establish one or more
committees to advise and assist the Board in the
performance and exercise of its functions and powers
under this Act.
(2) A committee consists of such persons as
the Board appoints.
(3) A member of the Board may be a member
of a committee.
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Training Fund Amendment
(4) A member of a committee is entitled to be
reimbursed for such expenses as the Minister
determines.
(5) A member of a committee holds office on
such conditions in relation to matters not provided
for by this Act as are specified in his or her
instrument of appointment.
(6) At any time, the Board may abolish a
committee.
(7) The Board is to inform the Minister in
writing if any committee is established, or abolished,
under this section.
Procedure of committees
9B. (1) A committee must keep accurate minutes of
its meetings.
(2) Except as otherwise provided by the Board,
a committee may regulate its own proceedings.
Section 10A inserted
12. Before section 11 of the Principal Act, the following
section is inserted in Division 3:
Ministerial directions
10A. (1) The Minister may direct that the Board
exercise or perform any of its powers or functions,
including the power of delegation.
(2) A direction given under subsection (1) may
include any conditions that the Minister thinks fit.
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2004 Building and Construction Industry No. s. 13
Training Fund Amendment
(3) The Board must comply with a direction
given by the Minister.
Section 11 amended (Powers of Minister)
13. Section 11 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(a) "this Act
or";
(b) by omitting from subsection (1)(c) "recommend
that the Governor";
(c) by omitting paragraph (d) from subsection (1)
and substituting the following paragraph:
(d) appoint an administrator in
accordance with section 13.
(d) by inserting in subsection (2) "or section 10A"
after "(a)".
Section 13 amended (Appointment and powers of
administrator)
14. Section 13 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Governor"
and substituting "Minister";
(b) by omitting from subsection (1) "certifies that"
and substituting "is satisfied that";
(c) by omitting from subsection (6)(d) "Governor"
and substituting "Minister";
(d) by omitting from subsection (6)(e) "Governor"
and substituting "Minister";
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Training Fund Amendment
(e) by omitting from subsection (7) "Governor"
twice occurring and substituting "Minister";
(f) by omitting from subsection (8) "Governor"
and substituting "Minister";
(g) by omitting from subsection (9) "Governor"
and substituting "Minister";
(h) by omitting from subsection (10) "Governor"
and substituting "Minister".
Section 16 amended (Termination of
administration)
15. Section 16 of the Principal Act is amended as follows:
(a) by omitting "recommends to the Governor"
and substituting "is satisfied";
(b) by omitting "Governor" second occurring and
substituting "Minister".
Section 18 repealed
16. Section 18 of the Principal Act is repealed.
Section 21 substituted
17. Section 21 of the Principal Act is repealed and the
following section is substituted:
Imposition of levy
21. Subject to this Act, a levy is imposed in respect
of the value of building or construction work which
commences after the commencement of this Act.
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2004 Building and Construction Industry No. s. 18
Training Fund Amendment
Section 22 amended (Rate of levy)
18. Section 22 of the Principal Act is amended by omitting
"cost" twice occurring and substituting "value".
Section 23 substituted
19. Section 23 of the Principal Act is repealed and the
following section is substituted:
Estimated value of building or construction
work
23. (1) In this section -
"required component" means any fixtures,
fittings, accessories, components, plant
or equipment, other than -
(a) plant or equipment installed solely
for the purposes of a process that
forms part of building or
construction work; and
(b) plant or equipment that is not
installed as an integral part of a
structure or building; and
(c) fixtures, fittings, accessories,
components, plant or equipment
prescribed as being excluded.
(2) The estimated value of building or
construction work is -
(a) the contract price of the building or
construction work, being a price that
includes a value for each of the following
components:
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Training Fund Amendment
(i) the labour, necessary services and
fees, including professional fees,
payable in respect of the building
or construction work;
(ii) the building or construction
materials;
(iii) required components that are
installed as part of, or in
association with, the building or
construction work;
(iv) a profit margin that is not greater
than that approved by the permit
authority as reasonable;
(v) any overheads;
(vi) any other prescribed component;
or
(b) if there is no contract or the contract
price does not cover the above
components, the value of the building or
construction work as determined by the
permit authority after taking into
account the value of those components;
or
(c) the value agreed by the Board and the
project owner.
(3) A person may apply to the Board to have
the estimated value of building or construction work
set under subsection (2) reviewed.
(4) The Board must review the estimated
value of building or construction work on receipt of
an application under subsection (3) within 30 days
after receiving the application.
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2004 Building and Construction Industry No. s. 20
Training Fund Amendment
(5) On a review of an application, the Board
may -
(a) confirm the estimated value of building
or construction work set under this
section; or
(b) vary the estimated value of building or
construction work set under this section.
(6) The Board must notify its decision to the
applicant within 7 days after reviewing the
application under subsection (5).
Section 24 amended (Exemption for certain work)
20. Section 24 of the Principal Act is amended as follows:
(a) by omitting "cost" and substituting "value";
(b) by omitting "$5 000" and substituting
"$12 000".
Section 28 amended (Offence for non-payment of
levy)
21. Section 28(1) of the Principal Act is amended as
follows:
(a) by omitting "not exceeding twice the amount of
the levy required to be paid." and substituting
"of the sum of -";
(b) by inserting the following paragraphs after
subsection (1):
(a) twice the amount of the levy
required to be paid; and
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Training Fund Amendment
(b) a fine not exceeding 50 penalty
units.
Section 29 amended (Notice of variation)
22. Section 29 of the Principal Act is amended by omitting
"cost" twice occurring and substituting "value".
Section 30 amended (Adjustment of amount paid)
23. Section 30 of the Principal Act is amended as follows:
(a) by omitting "cost" first occurring and
substituting "value";
(b) by omitting "cost" second occurring and
substituting "value";
(c) by omitting from paragraph (b) "cost" twice
occurring and substituting "value".
Section 33 amended (Offence to provide false
information)
24. Section 33 of the Principal Act is amended by omitting
"cost" and substituting "value".
Section 36 amended (Building and Construction
Industry Training Fund)
25. Section 36(4)(c) of the Principal Act is amended by
omitting "cost" and substituting "expenses".
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2004 Building and Construction Industry No. s. 26
Training Fund Amendment
Section 38 amended (Powers of entry and
inspection)
26. Section 38(2) of the Principal Act is amended by
omitting the penalty and substituting the following
penalty:
Penalty: Fine not exceeding 100 penalty units.
Section 42 amended (Regulations)
27. Section 42(2) of the Principal Act is amended as
follows:
(a) by omitting paragraph (a);
(b) by omitting from paragraph (e) "cost" and
substituting "value";
(c) by omitting from paragraph (h) "Governor"
and substituting "Minister".
Section 43 substituted
28. Section 43 of the Principal Act is repealed and the
following section is substituted:
Savings and transitional
43. Schedule 6 has effect in respect of savings and
transitional provisions consequent on the
commencement of the Building and Construction
Industry Training Fund Amendment Act 2004.
Schedule 1 repealed
29. Schedule 1 to the Principal Act is repealed.
17
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Training Fund Amendment
Schedule 2 substituted
30. Schedule 2 to the Principal Act is repealed and the
following Schedule is substituted:
SCHEDULE 2 - BUILDING OR
CONSTRUCTION WORK TO WHICH THIS ACT
APPLIES
Section 3(1)
1. In this Schedule -
"building" includes -
(a) part of a building; and
(b) a temporary building; and
(c) a moveable building;
"structure" includes -
(a) a tank or other structure
associated with the catchment,
collection, storage or supply of
water; and
(b) a plant, drain, facility, system,
equipment or structure associated
with the drainage or treatment of
sewage, effluence or stormwater;
and
(c) a bridge, viaduct, aqueduct or
tunnel; and
(d) a chimney stack or cooling tower;
and
(e) an aerial or mast associated with
the transmission or reception of
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2004 Building and Construction Industry No. s. 30
Training Fund Amendment
radio, television or
communications; and
(f) an aerial or mast associated with
the absorption or reflection of
lightning; and
(g) a mast or tower associated with
the transmission of electricity; and
(h) a silo; and
(i) a dock, jetty, pier, terminal, wharf,
boat ramp or mooring; and
(j) a pipeline including a pipeline
placed in the ground; and
(k) a structure, plant or facility
associated with the production,
storage, conveyance or distribution
of oil, gas, coal or other minerals;
and
(l) a fence.
2. Building or construction work on a site includes
the following work for that site:
(a) the construction, erection, alteration,
repair, renovation, demolition or
removal of a building or structure;
(b) the construction, alteration or repair of a
road, street, parking area, footpath,
thoroughfare for pedestrians or vehicles,
kerbing, guttering, roundabout, median
strip, road barrier or other similar road
works;
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s. 30 No. Building and Construction Industry 2004
Training Fund Amendment
(c) the construction, alteration, repair,
demolition or removal of -
(i) a railway, bus area or tramway, or
a structure, signal or platform
that is connected with a railway,
bus area or tramway; or
(ii) a harbour, breakwater, retaining
wall or marina; or
(iii) a dam, weir, reservoir or other
embankment or structure for the
catchment, collection, storage,
diversion or control of water;
(d) the construction, alteration, repair or
removal of an aircraft runway or a
landing pad;
(e) the performance of excavation work;
(f) the laying of pipes and other
prefabricated material in the ground;
(g) the construction, erection, installation,
alteration, repair, demolition or removal
of any system, or plant, associated with
the conveyance, collection, storage,
treatment or distribution of water or
gas;
(h) electrical or mechanical service work
including work that is related to the
construction, erection, installation,
alteration, repair, servicing or
dismantling of a plant, plant facility or
equipment;
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2004 Building and Construction Industry No. s. 30
Training Fund Amendment
(i) the construction, erection, installation,
alteration, repair, renovation, demolition
or removal of -
(i) a lift or escalator; or
(ii) an airconditioning, ventilation or
refrigeration system or equipment;
(j) the construction, repair, alteration or
removal of a playing field, golf course,
racecourse, stadium, swimming pool or
other sporting or recreational facility;
(k) landscaping or the construction,
alteration or removal of a park or
garden;
(l) the removal of asbestos from a building
or from any machinery, plant or
equipment located in or on a building;
(m) the alteration of the surface of works
referred to in paragraph (a), (b), (c) or (d)
by painting, rendering, tarring, marking
or other form of resurfacing;
(n) site preparation work, including pile
driving, that is preliminary work to the
performance of any work in the above
paragraphs;
(o) other work prescribed as being building
or construction work for the purposes of
this Act.
3. Building or construction work does not include
any of the following work:
(a) if the principal business activity of a
person, or employee, is not building or
21
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Training Fund Amendment
construction work, maintenance or
repair work carried out -
(i) by that person for his or her own
benefit; or
(ii) by that employee for the benefit of
his or her employer;
(b) the construction, alteration, repair,
demolition or removal of a fence that is
on, or forms part of the boundary of,
agricultural land;
(c) work directly associated with the care,
conservation or rehabilitation of
agricultural land or of land that has
been agricultural land;
(d) work that involves the planting, removal
or maintenance of any plant or other
living thing;
(e) other work prescribed as not being
building or construction work for the
purpose of this Act.
Schedule 3 repealed
31. Schedule 3 to the Principal Act is repealed.
Schedule 4 amended (Membership of the Board)
32. Schedule 4 to the Principal Act is amended as follows:
(a) by omitting from clause 1 "Board, other than a
member referred to in section 5(1)(a), (b) or (c),
shall be" and substituting "Board is";
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2004 Building and Construction Industry No. s. 32
Training Fund Amendment
(b) by omitting clause 3;
(c) by omitting clauses 5 and 6 and substituting
the following clauses:
Acting members
5. (1) If a member of the Board is absent
from, or is unable to perform the functions of,
the office of member, the Minister may
appoint another person to act in the place of
that member on the Board.
(2) An appointment under
subclause (1) -
(a) may be revoked at any time by the
Minister; and
(b) is revoked by the return to office of
the member represented by the
acting member; and
(c) is revoked once the member
represented by the acting member
is able to perform the functions of
the office of member again.
(3) If a person is appointed to act as a
member of the Board that person is taken to
be a member of the Board.
Remuneration and conditions of
appointment
6. (1) A member of the Board is entitled to be
paid such remuneration and allowances as the
Minister determines.
(2) A member of the Board who is a
State Service employee or a State Service
23
s. 32 No. Building and Construction Industry 2004
Training Fund Amendment
officer is not entitled to remuneration or
allowances under this clause except with the
approval of the Minister administering the
State Service Act 2000.
(3) A member of the Board holds office
on such conditions in relation to matters not
provided for by this Act as are specified in the
member's instrument of appointment.
Vacation of office
6A. (1) A member of the Board vacates office
if he or she -
(a) dies; or
(b) resigns by written notice given to
the Minister and the Minister
accepts the resignation; or
(c) is removed from office under
subclause (2) or (3).
(2) The Minister may remove a member
of the Board from office if the member -
(a) is absent from 3 consecutive
meetings of the Board without the
permission of the other members
of the Board unless the member -
(i) is on leave granted by the
Minister; or
(ii) is excused by the Minister
for the member's absence
from those meetings within
3 weeks after the last of
those meetings; or
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2004 Building and Construction Industry No. s. 32
Training Fund Amendment
(b) becomes bankrupt, applies to take
the benefit of any law for the relief
of bankrupt or insolvent debtors,
compounds with the member's
creditors or makes an assignment
of the member's remuneration or
estate for their benefit; or
(c) is convicted, in Tasmania or
elsewhere, of a crime or an offence
punishable by imprisonment for
12 months or longer; or
(d) has benefited from, or has claimed
to be entitled to benefit from, the
profit of, or any benefit arising
from, any contract, agreement or
arrangement made by or on behalf
of the Board, other than a
contract, agreement or
arrangement for a service
ordinarily supplied by the Board
on the same terms as that service
is supplied to other persons in the
same situation; or
(e) fails to disclose an interest as
required under clause 3 of
Schedule 5 except where the
member's interest is as -
(i) a member of the public; or
(ii) an elector of, or ratepayer to,
any municipality; or
(iii) a shareholder in a company
in which there were at that
time more than 20 members
and of which the member
25
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Training Fund Amendment
was not at that time a
director or officer.
(3) The Minister may remove a member
of the Board from office if satisfied that the
member is unable to perform adequately or
competently the duties of office.
(4) A member of the Board must not be
removed from office otherwise than in
accordance with this clause.
(d) by omitting from clause 7 "Governor" and
substituting "Minister".
Schedule 5 amended (Meetings of the Board)
33. Schedule 5 to the Principal Act is amended as follows:
(a) by omitting subclause (1) from clause 1 and
substituting the following subclause:
(1) The members of the Board are to
elect a deputy chairperson from the members
of the Board.
(b) by omitting subclause (1) from clause 2 and
substituting the following subclause:
(1) Five members of the Board
constitute a quorum of the Board.
(c) by omitting from clause 2(3) "8 members" and
substituting "4 members";
(d) by omitting subclause (5) from clause 2;
(e) by omitting clause 3 and substituting the
following clause:
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2004 Building and Construction Industry No. s. 33
Training Fund Amendment
Disclosure of interests
3. (1) If a member of the Board has a direct or
indirect pecuniary interest in a matter being
considered, or about to be considered, by the
Board, the member must, as soon as
practicable after the relevant facts come to the
member's knowledge, disclose the nature of
the interest to the Board.
Penalty: Fine not exceeding 100 penalty
units.
(2) Unless the Board otherwise
determines, a member of the Board who has
made a disclosure under subclause (1) in
relation to a matter must not -
(a) be present during any deliberation
of the Board in relation to the
matter; or
(b) take part in any decision of the
Board in relation to the matter.
(3) For the purposes of making a
determination under subclause (2), the
member of the Board to whom the
determination relates must not -
(a) be present during any deliberation
of the Board for the purpose of
making the determination; or
(b) take part in making the
determination.
(4) Subclause (1) does not apply -
(a) in respect of a contract for goods or
services supplied by the Board if
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s. 34 No. Building and Construction Industry 2004
Training Fund Amendment
those goods or services are
ordinarily supplied by the Board
and are supplied on the same
terms as they are ordinarily
supplied to other persons in the
same situation; or
(b) in respect of an interest that
arises only because the member is
also a State Service officer or State
Service employee.
(f) by omitting subclause (4) from clause 4 and
substituting the following subclause:
(4) The ordinary business of the annual
general meeting is to receive from the
members of the Board reports on the
transactions of the Board during the last
preceding financial year.
(g) by omitting from clause 5(2) "8 members" and
substituting "4 members".
Schedule 6 substituted
34. Schedule 6 to the Principal Act is repealed and the
following Schedule is substituted:
SCHEDULE 6 - SAVINGS AND
TRANSITIONAL
Section 43
Interpretation
1. In this Schedule -
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2004 Building and Construction Industry No. s. 34
Training Fund Amendment
"commencement day" means the day on
which the Building and Construction
Industry Training Fund Amendment Act
2004 commences;
"current Act" means this Act as in force
immediately after the commencement of
the Building and Construction Industry
Training Fund Amendment Act 2004;
"former Act" means this Act as in force
immediately before the commencement
day;
"former Board" means the Tasmanian
Building and Construction Industry
Training Board continued under section
4 of the former Act;
"Management Committee" means the
Committee constituted under Schedule 6
of the former Act;
"new Board" means the Tasmanian Building
and Construction Industry Training
Board established under section 4 of the
current Act.
Abolition of Management Committee
2. (1) The Management Committee is abolished.
(2) The appointment of each member of the
Management Committee is revoked.
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s. 34 No. Building and Construction Industry 2004
Training Fund Amendment
Abolition of former Board
3. (1) Despite the repeal of section 4 of the former
Act, the former Board continues for a period of 31
days after the commencement day and is abolished
at the end of that period.
(2) The appointment of each member of the
former Board is revoked on the day the former
Board is abolished.
Annual report
4. (1) In this clause -
"transition year" means the financial year
during which the commencement day
falls.
(2) For the purposes of the annual report
required under section 40 of the current Act, the
new Board is to prepare the annual report for the
transition year.
(3) The former Board is to provide, in respect
of the portion of the transition year that precedes
the commencement day, a report that includes all of
the information that is required under section 40 of
the current Act to be included in an annual report.
(4) The former Board is to provide the report
under subclause (3) to the new Board within 30 days
of the commencement day.
(5) The new Board is to include the report
provided by the former Board under subclause (3) in
the annual report for the transition year.
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2004 Building and Construction Industry No. s. 34
Training Fund Amendment
Decisions, &c., of former Board and
Management Committee
5. (1) A decision, action, policy or delegation made
or done by the former Board is taken to be a
decision, action, policy or delegation made or done by
the new Board.
(2) A decision, action, policy or delegation
made or done by the Management Committee is
taken to be a decision, action, policy or delegation
made or done by the new Board.
Certain building or construction work exempt
6. (1) If building or construction work initiated
before the commencement day was exempt from the
levy payable under the former Act, that building or
construction work is exempt from the levy payable
under the current Act to the extent the work was
exempt under the former Act.
(2) For the purposes of this clause, building or
construction work is taken to be initiated if a
contract for the undertaking of the building or
construction work has been made by the parties and
assessed for the purposes of the levy payable under
the former Act.
(3) The Minister may determine that building
or construction work, or a stage of building or
construction work -
(a) forms part of building or construction
work that was exempt from the payment
of the levy under the former Act; and
(b) is exempt from the payment of the levy
under the current Act.
Government Printer, Tasmania 31