AustLII Tasmanian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY TRAINING FUND AMENDMENT ACT 2004 (NO. 54 OF 2004) - SECT 34

Schedule 6 substituted

Schedule 6 to the Principal Act is repealed and the following Schedule is substituted:
SCHEDULE 6 - Savings and Transitional

Section 43

1.    Interpretation
In this Schedule –
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 to the former Act;
new Board means the Tasmanian Building and Construction Industry Training Board established under section 4 of the current Act.
2.    Abolition of Management Committee
(1) The Management Committee is abolished.
(2) The appointment of each member of the Management Committee is revoked.
3.    Abolition of former Board
(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.
4.    Annual report
(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.
5.    Decisions, &c., of former Board and Management Committee
(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.
6.    Certain building or construction work exempt
(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.


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