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Building and Construction Industry Improvement Act 2005
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C2005A00113
09 March 2005
-
26 March 2006
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Chapter 1—Preliminary
1 Short title
2 Commencement
3 Main object of Act
4 Definitions
5 Definition of building work
6 Definition of office
7 Extension to Christmas Island
8 Act to bind Crown
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Chapter 2—Australian Building and Construction Commissioner
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Part 1—Australian Building and Construction Commissioner
9 ABC Commissioner and Deputy ABC Commissioners
10 Functions of ABC Commissioner
11 Minister’s directions to ABC Commissioner
12 Minister may require reports
13 Delegation by ABC Commissioner
14 Annual report
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Part 2—Administrative provisions
15 Appointment
16 Acting ABC Commissioner
17 Remuneration
18 Application of the Judges’ Pensions Act to a former Judge of the Federal Court who becomes the ABC Commissioner
19 Application of the Judges’ Pensions Act to a former member of the AIRC who becomes the ABC Commissioner
20 Leave
21 Engaging in other paid employment etc.
22 Disclosure of interests
23 Resignation
24 Termination of appointment
25 Staff and consultants
26 Office of the Australian Building and Construction Commissioner
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Chapter 3—The Building Code
27 Minister to issue Building Code
28 Building industry participants to report on compliance with Code
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Chapter 4—Occupational health and safety
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Part 1—Federal Safety Commissioner
29 Federal Safety Commissioner
30 Functions of Federal Safety Commissioner
31 Minister’s directions to Federal Safety Commissioner
32 Delegation by Federal Safety Commissioner
33 Acting Federal Safety Commissioner
34 Consultants
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Part 2—Accreditation scheme for Commonwealth building contracts
35 Accreditation scheme
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Chapter 5—Industrial action etc.
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Part 1—Preliminary
36 Definitions
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Part 2—Unlawful industrial action
37 Definition of unlawful industrial action
38 Unlawful industrial action prohibited
39 Injunction against unlawful industrial action
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Part 3—Protected action
40 Action involving extraneous participants
41 Action before nominal expiry date
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Part 4—Miscellaneous
42 Payments in relation to periods of building industrial action
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Chapter 6—Discrimination, coercion and unfair contracts
43 Coercion in relation to engagement etc. of building employees and building contractors
44 Coercion of persons to make, vary, terminate etc. certified agreements etc.
45 Discrimination against employer in relation to industrial instruments
46 Coercion in relation to superannuation
47 Unfair contracts with building contractors
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Chapter 7—Enforcement
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Part 1—Contravention of civil penalty provisions
48 Definitions
49 Penalties etc. for contravention of civil penalty provision
50 Multiple proceedings for same conduct
51 Evidence given in proceedings for penalty not admissible in criminal proceedings
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Part 2—Compliance etc. powers
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Division 1—ABC Commissioner’s powers to obtain information etc.
52 ABC Commissioner’s powers to obtain information etc.
53 Certain excuses not available in relation to section 52 requirements
54 Protection from liability
55 Retention and copying etc. of documents
56 ABC Commissioner may make and keep copies of documents
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Division 2—Powers of ABC Inspectors
57 Australian Building and Construction Inspectors
58 Identity cards for ABC Inspectors
59 Power to enter premises etc.
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Division 3—Powers of Federal Safety Officers
60 Federal Safety Officers
61 Identity cards for Federal Safety Officers
62 Powers to enter premises etc. to ascertain compliance with Building Code
63 Powers to enter premises etc. to ascertain compliance with accreditation scheme
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Chapter 8—Miscellaneous
64 Project agreements not enforceable
65 Protection of confidentiality of information
66 Reports not to include information relating to an individual’s affairs
67 ABC Commissioner to publicise non-compliance
68 Delegation by Minister
69 Building association responsible for conduct of members etc.
70 Capacity, state of mind etc. of person being coerced etc.
71 ABC Commissioner intervention in court proceedings
72 ABC Commissioner intervention in AIRC proceedings
73 ABC Commissioner or ABC Inspector may institute proceedings under the Workplace Relations Act
74 Industrial Registrar must keep ABC Commissioner informed
75 Jurisdiction of courts
76 Court not to require undertaking as to damages
77 ABC Commissioner etc. not liable for conduct in good faith
78 Regulations