Legal comment by Mark Illidge of Hinterland Lawyers

February 2005

On 1 January 2005, the levy payable under the Building and Construction Industry (Portable Long Service Leave) Act 1991 increased from 0.075% to 0.175% of the total cost of an assessable building and construction project. This means that the combined charge payable to QLeave (for both Portable Long Service Leave and Workplace Health and Safety Notifications) is now 0.3% of the total construction cost.

Both charges are generally payable on construction, alteration, maintenance or repair work with a total cost greater than $80,000. Under the Act, the person for whom the work is carried out must pay these charges, whether or not the work is contracted to a third party.  Non-payment can result in the imposition of interest and penalties by QLeave.

In addition to "core" construction companies, a wide range of government owned corporations and private energy and mining companies who conduct or commission construction activities will be affected by the increase in the rate of the Levy.

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