Document ID: chunk:federal_register_of_legislation:C2018A00107:clause:1_19
Version: federal_register_of_legislation:C2018A00107
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 5043–6840

19  At the end of section 89
Add:

Cost of construction
 (7) For the purposes of subparagraphs (1)(e)(ii), (f)(ii), (g)(ii), (h)(ii), (j)(ii), (k)(ii) and (l)(ii), the cost of construction:
 (a) includes the costs determined in an instrument under subsection (8) for the purposes of this paragraph; and
 (b) does not include the costs determined in the instrument for the purposes of this paragraph.
 (8) The Minister may, by legislative instrument:
 (a) determine costs for the purposes of paragraph (7)(a); and
 (b) determine costs for the purposes of paragraph (7)(b).

Threshold amount
 (9) For the purposes of this section, the threshold amount is:
 (a) $25 million; or
 (b) if an amount is determined in an instrument under subsection (10) and is in effect in accordance with subsection (11)—that amount.
 (10) Before each third anniversary of this subsection commencing, the Minister may, by legislative instrument, determine an amount for the purposes of paragraph (9)(b). The amount determined must be higher than the amount applicable under subsection (9) on the day the determination is made.
 (11) An amount determined in an instrument under subsection (10) takes effect on that third anniversary concerned.
 (12) Before determining an amount in an instrument under subsection (10), the Minister must take into account changes in construction activity costs since:
 (a) for the first determination—the commencement of this subsection; or
 (b) otherwise—the last determination made by the Minister.
 (13) Without limiting subsection (12), the Minister may comply with that subsection by taking into account changes in an index of construction activity costs published by the Australian Statistician.
 (14) Subsection (12) does not limit the matters the Minister may take into account.