Building and Construction Industry Training Fund and Levy Collection Act 1990

Where any construction work is carried out —

partly within the State and partly within an area to which this subsection applies; or

wholly or partly in an area to which this subsection applies, and —

facilities for servicing or supporting that construction work are maintained in the State by or on behalf of the project owner concerned; or

the project owner concerned is connected with the State; or

the construction work is carried on from, or on, or by means of, an aircraft, or from, or by means of, a ship or vessel certificated, registered, or licensed under a law of the State or by a department of the Public Service of the State or an agent or instrumentality of the State or any other body established under a law of the State, or which is required to be so certificated, registered, or licensed; or

the construction work is carried on from, or on, or by means of, a rig or other structure, installation, or equipment, the use or function of which is regulated by the State or by the State and the Commonwealth, or is required to be so regulated; or

the construction work is authorised or regulated by the State or by the State and the Commonwealth; or

the construction work is carried on under a law of the State,

A project owner shall, for the purposes of subsection (1), be connected with the State if that project owner —

is domiciled in the State; or

is resident in the State, normally or temporarily; or

is a body corporate that is —

registered, incorporated or established under a law of the State; or

taken to be registered in the State; or

a related body corporate, for the purposes of the Corporations Act 2001 of the Commonwealth, of such a body;

in connection with the construction work concerned, has an office or a place of business in the State; or

is the holder of a licence, lease, tenement, permit, or other authority, granted under a law of the State or by a department of the Public Service of the State or an agent or instrumentality of the State or any other body established under a law of the State under which the construction work is carried on.

The areas to which subsection (1) applies are —

that area situate west of 129° of East Longitude reckoning from the meridian of Greenwich, that is part of the areas known as and comprised within —

the Australian fishing zone as defined by the Commonwealth Fisheries Act 1952 ¹; or

the continental shelf, within the meaning of the Convention on the Continental Shelf a copy of which in the English language is set out in Schedule 1 to the Commonwealth Petroleum (Submerged Lands) Act 1967 ²;

any other area seaward of the State to which from time to time the laws of the State apply or, by a law of the Commonwealth, are applied.

For the purposes of any proceedings under this Act an averment in the application or process —

that a project owner was, pursuant to subsection (2), at a specified time or during a specified period or at all material times connected with the State; or

that any conduct, event, circumstance, or matter occurred, or that any place is situate, within an area referred to in subsection (3),

Effect shall be given to subsections (1), (2) and (3) only where this Act or any provision of this Act would not otherwise apply as a law of the State to or in relation to any person, circumstance, thing or place.