(1) An agency special
purpose account called the Building Services Account is to be established
under the Financial Management Act 2006 section 16.
(2) The Building
Services Account must be credited with the following —
(a) any
building services levy received or recovered;
(b)
fees, costs and other moneys received or recovered under this Act;
(c)
other money received by, made available to, or payable to, the Building
Commissioner in the performance of functions under this or any other Act;
(d)
money required under section 39(5) or 44(5) to be credited to the Account;
(e)
other money required or authorised under this or any other written law to be
credited to the Building Services Account;
(f) any
amount appropriated by Parliament to, or otherwise lawfully received for, the
Building Services Account.
(3) Moneys held in the
Building Services Account must be applied for the following —
(a) to
fund the costs and expenses incurred in the operation and administration of
the State Administrative Tribunal in dealing with building service complaints
and HBWC complaints;
(b) in
payment of any amount ordered under section 39(6) or 44(6) to be paid from the
Account.
(4) The amount to be
applied under subsection (3)(a) is to be —
(a)
determined by the Treasurer after consultation with the chief executive
officer of the Department and the chief executive officer of the department
assisting in the administration of the State Administrative Tribunal Act 2004
; and
(b)
credited to an operating account of the department assisting in the
administration of the State Administrative Tribunal Act 2004 .
(5) Moneys held in the
Building Services Account may be applied for the following —
(a) in
payment of the costs of the administration and enforcement of the building
service Acts;
(b) to
fund the services and facilities provided under the building service Acts;
(c) in
payment of the costs and expenses incurred in the performance of the functions
of the Building Commissioner under the building service Acts;
(d) in
payment of the remuneration and allowances payable to the members of the
Building Services Board and committees under the Building Services
(Registration) Act 2011 and this Act;
(e) in
payment of the remuneration and allowances payable to members of the Plumbers
Licensing Board under the Plumbers Licensing Act 1995 .
[Section 92 amended: No. 25 of 2012 s. 205(3).]