Terms used
3 Terms used
In this Act, unless the contrary intention appears —
authorised person means a person appointed under section 28(1);
Board means the Building and Construction Industry Training Board established under section 6(1);
building and construction industry has the meaning given in section 3A;
chairperson means the chairperson of the Board appointed under section 10(3);
collection agency means a person or body appointed under section 27(1);
construction work means all of the work carried out in the State or as referred to in section 5 —
that is included in the definition of building and construction industry; or
that is building work or demolition work as defined in the Building Act 2011 section 3,
but does not include any work that is prescribed as excluded from this definition;
Fund means the Building and Construction Industry Training Fund established under section 17;
levy means the levy imposed by the Building and Construction Industry Training Levy Act 1990;
member means a member of the Board appointed under section 10(1);
permit, except in section 5(2)(e), means a building permit or a demolition permit as defined in the Building Act 2011 section 3;
project owner in respect of any construction work means —
the person who is required to hold a permit in respect of that construction work; or
where the construction work is carried out by the State, or an agent or instrumentality of the State, the person or organization designated in writing by the Minister to be the project owner or, if the State or an agent or instrumentality of the State has engaged another person or body, other than as an employee, to carry out or cause to be carried out all of the construction work, the person or body so engaged; or
where paragraphs (a) and (b) do not apply —
the person or body for whose direct benefit construction work exists upon its completion; or
if the person or body referred to in subparagraph (i) has engaged another person or body, other than as an employee, to carry out or cause to be carried out all of the construction work, the person or body so engaged.
For the purposes of this Act, construction work shall be regarded as commencing —
where a permit is required for the construction work, when any work the subject, or that is required to be the subject, of a permit commences;
if paragraph (a) does not apply, where the construction work is to be carried out under a contract executed after this Act comes into operation, when any of that construction work commences;
if paragraph (a) does not apply —
where the construction work is to be carried out under a contract executed before this Act comes into operation; and
the project owner, after this Act comes into operation, engages another person or body, other than as an employee, to carry out or cause to be carried out any part or stage of that work,
when any of the construction work that the person or body is engaged to carry out or cause to be carried out commences;
if paragraph (a), (b) or (c) does not apply, when the construction work is prescribed as commencing.
Notwithstanding subsection (2), levy is not payable in relation to construction work for which a building licence or a demolition licence under the Local Government (Miscellaneous Provisions) Act 1960 was issued before this Act comes into operation.
[Section 3 amended: No. 14 of 1996 s. 4; No. 42 of 1996 s. 71(1); No. 6 of 1998 s. 4(1); No. 24 of 2011 s. 159(2)‑(7); No. 12 of 2025 s. 22.]
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