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Building and Construction Industry (Improving Productivity) Act 2016
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Administered by
Department of Employment and Workplace Relations
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C2021C00425 C05
01 September 2021
-
06 December 2022
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Chapter 1—Preliminary
1 Short title
2 Commencement
3 Main object of this Act
4 Simplified outline of this Act
5 Definitions
6 Meaning of building work
7 Meaning of industrial action
8 Meaning of protected industrial action
9 Meaning of ancillary site
10 Extension of Act to Christmas Island and Cocos (Keeling) Islands
11 Extension of Act to EEZ and waters above continental shelf
12 Geographical application of offences
13 Act to bind Crown
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Chapter 2—The Australian Building and Construction Commissioner
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Part 1—Simplified outline of this Chapter
14 Simplified outline of this Chapter
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Part 2—The Australian Building and Construction Commissioner
15 ABC Commissioner and Deputy ABC Commissioners
16 Functions of ABC Commissioner
17 Minister’s directions to ABC Commissioner
18 Minister may require reports
19 Delegation by ABC Commissioner
20 Quarterly and annual reports
21 Appointment
22 Acting appointments
23 Remuneration
24 Leave of absence
25 Engaging in other paid employment
26 Disclosure of interests
27 Resignation
28 Termination
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Part 3—The Australian Building and Construction Commission
29 The Australian Building and Construction Commission
30 Staff
31 Persons assisting the ABC Commissioner
32 Consultants
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Part 4—Security of Payments Working Group
32A Security of Payments Working Group
32B Membership of Working Group
32C Appointment of members
32D Chair
32E Remuneration
32F Resignation of members
32G Termination of appointment
32H Other terms and conditions
32J Meetings
32K Annual report
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Chapter 3—The Building Code
33 Simplified outline of this Chapter
34 Minister may issue Building Code
35 Building industry participants to report on compliance with Building Code
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Chapter 4—The Federal Safety Commissioner
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Part 1—Simplified outline of this Chapter
36 Simplified outline of this Chapter
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Part 2—The Federal Safety Commissioner
37 Federal Safety Commissioner
38 Functions of Federal Safety Commissioner
39 Minister’s directions to Federal Safety Commissioner
40 Delegation by Federal Safety Commissioner
41 Acting Federal Safety Commissioner
42 Consultants
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Part 3—WHS Accreditation Scheme for Commonwealth building work
43 WHS Accreditation Scheme for Commonwealth building work
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Chapter 5—Unlawful action
44 Simplified outline of this Chapter
45 Action to which this Chapter applies
46 Unlawful industrial action prohibited
47 Unlawful picketing prohibited
48 Injunction against unlawful industrial action or picket
49 Payments relating to periods of industrial action
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Chapter 6—Coercion, discrimination and unenforceable agreements
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Part 1—Simplified outline of this Chapter
50 Simplified outline of this Chapter
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Part 2—Coercion and discrimination
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Division 1—Civil penalties
51 Action to which this Part applies
52 Coercion relating to allocation of duties etc. to particular person
53 Coercion relating to superannuation
54 Coercion of persons to make, vary, terminate etc. enterprise agreements etc.
55 Coverage by particular instruments
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Division 2—General provisions
56 Multiple reasons for action
57 Reason for action to be presumed unless proved otherwise
58 Advising, encouraging, inciting or coercing action
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Part 3—Unenforceable agreements
59 Project agreements not enforceable
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Chapter 7—Powers to obtain information
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Part 1—Simplified outline of this Chapter
60 Simplified outline of this Chapter
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Part 2—Examination notices
61A Minister may nominate AAT presidential members to issue examination notices
61B ABC Commissioner may apply to nominated AAT presidential member for examination notice
61C Issue of examination notice
61D Form and content of examination notice
61E ABC Commissioner may give examination notice to person in relation to whom it is issued and vary time for compliance
61F Conduct of examination etc.
62 Offence for failing to comply with examination notice
63 Payment for expenses incurred in attending an examination
64 ABC Commissioner must notify Commonwealth Ombudsman of issue of examination notice
65 Review and report by Commonwealth Ombudsman
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Part 3—Powers of Australian Building and Construction Inspectors and Federal Safety Officers
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Division 1—Appointment of Australian Building and Construction Inspectors
66 Australian Building and Construction Inspectors
67 Identity cards for inspectors
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Division 2—Appointment of Federal Safety Officers
68 Federal Safety Officers
69 Identity cards for Federal Safety Officers
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Division 3—Powers of authorised officers
70 Purposes for which powers of authorised officers may be exercised
71 When powers of authorised officers may be exercised
72 Power of authorised officers to enter premises
73 Showing identity card before entry
74 Powers of authorised officers while on premises
75 Persons assisting authorised officers
76 Power to ask for person’s name and address
77 Power to require persons to produce records or documents
78 Hindering or obstructing authorised officers
79 Power to keep records or documents
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Chapter 8—Enforcement
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Part 1—Simplified outline of this Chapter
80 Simplified outline of this Chapter
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Part 2—Orders for contraventions of civil remedy provisions
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Division 1—Obtaining an order for contravention of civil remedy provision
81 Penalty etc. for contravention of civil remedy provision
82 Interest up to judgement
83 Conduct contravening more than one civil remedy provision
84 Multiple contraventions
85 Proceedings may be heard together
86 Civil evidence and procedure rules for proceedings relating to contraventions of civil remedy provisions
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Division 2—Civil proceedings and criminal proceedings
87 Civil proceedings after criminal proceedings
88 Criminal proceedings during civil proceedings
89 Criminal proceedings after civil proceedings
90 Evidence given in civil proceedings not admissible in criminal proceedings
91 Civil double jeopardy
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Division 3—Miscellaneous
92 Ancillary contravention of civil remedy provisions
93 Exceptions etc. to civil remedy provisions—burden of proof
94 Liability of bodies corporate
95 Actions of building associations
96 Unincorporated building associations
97 Capacity, state of mind etc. of person being coerced etc.
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Part 3—Other powers of enforcement for inspectors
98 Enforceable undertakings relating to contraventions of civil remedy provisions
99 Compliance notices
100 Review of compliance notices
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Chapter 9—Miscellaneous
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Part 1—Simplified outline of this Chapter
101 Simplified outline of this Chapter
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Part 2—Provisions relating to information
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Division 1—Provisions relating to requirements to provide information
102 Self-incrimination etc.
103 Protection from liability relating to examination notices
104 Certain records and documents are inadmissible
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Division 2—Protecting information acquired for the purposes of this Act
105 Disclosure of information by the ABC Commissioner or Federal Safety Commissioner
106 Confidentiality of information obtained under an examination notice
107 Reports not to include information relating to an individual’s affairs
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Part 3—Powers of ABC Commissioner etc.
108 ABC Commissioner may publicise non-compliance
109 ABC Commissioner may intervene in court proceedings
110 ABC Commissioner may make submissions in FWC proceedings
111 ABC Commissioner and other inspectors may institute proceedings under the FW Act, etc.
112 General Manager of the FWC must keep ABC Commissioner informed
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Part 4—Provisions relating to courts
113 Jurisdiction of the Federal Court
114 Exercising jurisdiction in the Fair Work Division of the Federal Court
115 No limitation on Federal Court’s powers
116 Appeals from relevant State or Territory courts
117 Court not to require undertaking as to damages
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Part 5—Miscellaneous
118 ABC Commissioner etc. not liable for conduct in good faith
119 Delegation by Minister
119A Review of operation of this Act
120 Rules and regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history