Western Australian Current Acts

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BUILDING SERVICES (COMPLAINT RESOLUTION AND ADMINISTRATION) ACT 2011 - SECT 94

94 .         Building services levy may be prescribed

        (1)         The Governor may make regulations to provide for a levy, which may be in the nature of a tax, to be payable in respect of permits and building approval certificates.

        (2)         The regulations may —

            (a)         prescribe different amounts of levy payable in respect of different classes of case; and

            (b)         provide for the amount of levy payable to be calculated on such basis, and in accordance with such factors, as are prescribed; and

            (c)         specify who is liable to pay the levy and when payment becomes due (which may include a requirement for payment on application for a permit or building approval certificate); and

            (d)         deal with how and to whom the levy is to be paid; and

            (e)         impose requirements on permit authorities or other prescribed persons to collect the levy and remit it to the Building Commissioner, and deal with the consequences of failure to collect or remit the levy; and

            (f)         authorise the payment to a permit authority or other person prescribed under paragraph (e) of an amount for collecting and remitting the levy, and providing for the determination of that amount; and

            (g)         deal with the refund of overpaid amounts of levy and repayment of any levy paid in respect of a permit or building approval certificate if the permit or certificate is not granted; and

            (h)         deal with the consequences of failure to pay the levy, which may include the imposition of an increase in the amount of an outstanding liability and may include interest; and

                  (i)         deal with how any amount outstanding may be recovered; and

            (j)         provide for penalties not exceeding $5 000 for a breach of the regulations.

        (3)         The regulations may provide for the keeping of records, the provision of information and any other matter to facilitate the administration of the provisions for the building services levy.

        (4)         Nothing in this section is to be taken as limiting the operation of the Interpretation Act 1984 section 43.



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