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【法规名称】 
【法规编号】 79965  什么是编号?
【正  文】

CAP 360A PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS


  (Cap 360 section 47)
  
  [1 January 1981]
  
  (L.N. 236 of 1980)
  
  Cap 360A reg 1 Citation
  
  PART I
  
  PRELIMINARY
  
  These regulations may be cited as the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations.
  
  Cap 360A reg 2 Interpretation
  
  In these regulations, unless the context otherwise requires-
  
  "quarry industry" (石矿业) means the industry that is engaged in the operation of a quarry.
  
  (3 of 2004 s. 27)
  
  Cap 360A reg 3 (Repealed 3 of 2004 s. 29)
  
  PART II
  
  CONSTRUCTION OPERATIONS
  
  (3 of 2004 s. 28)
  
  Cap 360A reg 4 Contractor and authorized person to notify Board when undertaking construction operations
  
  (1) Within 14 days after any construction operations have begun or such further time as the Board may in any case allow- (3 of 2004 s. 30)
  
  (a) the contractor in respect of the construction operations; and
  
  (b) the authorized person appointed in connection with the construction operations,shall each give notice to, the Board in a form specified by the Board that he is the contractor in respect of the construction operations or authorized person appointed in connection with the construction operations, as the case may be. (3 of 2004 s. 30)
  
  (2) Except in the case of a term contract, paragraph (1) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the specified amount. (3 of 2004 s. 30)
  
  (3) Every notice under paragraph (1) shall state the estimated total value of the construction operations. (3 of 2004 s. 30)
  
  (4) This regulation shall be complied with if a copy of a notice given to the Construction Industry Training Authority under section 24 of the Industrial Training (Construction Industry) Ordinance (Cap 317) is sent to the Board.
  
  (5) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by paragraph (1) commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983)
  
  Cap 360A reg 5 Notice by contractor and authorized person of payments made in respect of construction operations and of completion
  
  (1) Subject to paragraph (1A), where a payment or an interim payment is made to a contractor or for his benefit in respect of any construction operations, the contractor shall, within 14 days after the payment is made or such further time as the Board may in any case allow, give notice of it to the Board in a form approved by the Board.
  
  (1A) Where any payment or interim payment is made in any calendar month to a contractor or for his benefit in respect of any construction operations that are carried out under a term contract, the contractor shall, within 14 days after the last day of that month or such further time as the Board may in any case allow, give notice of it to the Board in a form specified by the Board. (3 of 2004 s. 31)
  
  (2) Not later than 14 days, or such further time as the Board may in any case allow, after the completion of any construction operations, or of any stage of the construction operations (if the construction operations are undertaken or carried out in stages), the contractor and the authorized person appointed in respect of the construction operations shall each give notice of such completion to the Board in a form specified by the Board.
  
  (3) Except in the case of a term contract, paragraphs (1) and (2) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the specified amount. (3 of 2004 s. 31)
  
  (4) Every notice under paragraph (1), (1A) or (2) shall state the value of the construction operations or stage thereof in respect of which payment was made or the value of the operations or stage thereof which have been completed. as the case may be.
  
  (5) This regulation shall be complied with if a copy of a notice given to the Construction Industry Training Authority under section 25 of the Industrial Training (Construction Industry) Ordinance (Cap 317) is sent to the Board.
  
  (6) Every contractor or authorized person who without reasonable excuse fails to give a notice when required to do so by paragraph (1), (1A) or (2) commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983)
  
  (3 of 2004 s. 31)
  
  Cap 360A reg 6 Assessment
  
  (1) On receipt of a notice of payment under regulation 5(1), the Board shall assess the amount of levy due in respect of the construction operations or the stage of the construction operations (if the construction operations are undertaken or carried out in stages) to which the payment relates.
  
  (2) Where more than one payment is made or to be made in respect of construction operations or a stage of the construction operations, the assessment under paragraph (1) shall be a provisional assessment and a final assessment shall be made on the final payment in respect of the construction operations, each stage of the operations or all stages of operations, as is appropriate.
  
  (3) On receipt of a notice of completion of construction operations or any stage thereof under regulation 5(2), the Board shall, if no assessment under paragraph (1) or (2) has been made, assess the amount of levy due in respect of the construction operations or the stage of the construction operations.
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