Building and Construction Industry Training Fund and Levy Collection Act 1990

A project owner who is dissatisfied with a determination by the Board under section 25B(2) may appeal to the Minister, in a form approved by the Board, setting out the grounds on which the project owner is dissatisfied with the determination.

An appeal by a project owner under subsection (1) shall be made within 30 days after notification of the determination that is the subject of the appeal is given to the project owner under section 25B(2).

On receiving an appeal under subsection (1), the Minister shall review the determination by the Board and may appoint a person who, in the Minister’s opinion, is independent of the Board and the appellant —

to investigate any matters referred to in the appeal, as directed by the Minister; and

to make written recommendations in relation to those matters to the Minister.

After reviewing the determination by the Board and considering any recommendations made under subsection (3), the Minister —

shall confirm or vary the determination or cancel the determination and substitute the Minister’s determination; and

shall notify the Board and the appellant accordingly.

A determination that is confirmed, varied or cancelled and substituted by the Minister is final.

A report of a determination that is varied or cancelled and substituted by the Minister shall be included in the annual report submitted by the accountable authority of the Board under Part 5 of the Financial Management Act 2006.