Regulations
37 Regulations
The Governor may make such regulations as are contemplated by this
Act, or as are necessary or expedient for the purposes of this
Act.
Without limiting the generality of subsection (1), those regulations may—
provide for the membership of a committee established by the Board in relation to a sector of the building and construction industry;
provide that a prescribed person or body will be taken to have been appointed as a collection agency for the purposes of this Act, and prescribe the remuneration payable to that person or body for carrying out the functions of a collection agency under this Act;
prescribe information to be provided to the Board or collection agencies by project owners, and prescribe the manner in which that information must be provided;
require project owners to keep records for the purposes of determining the estimated cost of building or construction work;
prescribe the manner of payment of any levy;
prescribe procedures for giving notice to the Board and for refund of a levy paid in respect of any building or construction work that is not carried out;
provide that the cost of items of a prescribed class will not be taken into account for the purposes of the calculation or imposition of the levy;
prescribe penalties, not exceeding $2 500, for breach of, or non-compliance with, any regulation.
A regulation—
may be of general or limited application; and
may leave any matter or thing to be determined or dispensed with according to the discretion of the Minister or the Board (either generally or in a particular case or class of case); and
may make different prescriptions according to prescribed circumstances; and
may differentiate between various classes of persons.
A regulation must not be made under subsection (2) unless—
the regulation is made on the recommendation of the Board;
or
the Minister has certified that they have consulted with the Board on the proposed regulation and given due regard to any submissions made by the
Board in relation to the matter.
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