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Fair Work (Building Industry) Act 2012
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C2016C00361 C19
05 March 2016
-
01 December 2016
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Chapter 1—Preliminary
1 Short title
2 Commencement
3 Object of this 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—Fair Work Building Industry Inspectorate
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Part 1—Director
9 Establishment
10 Functions
11 Minister’s directions
12 Minister may require reports
13 Delegation by the Director
14 Annual report
15 Appointment
16 Acting appointments
17 Remuneration
18 Leave of absence
19 Engaging in other paid employment
20 Disclosure of interests
21 Resignation
22 Termination
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Part 2—Fair Work Building Industry Inspectorate Advisory Board
23 Establishment
24 Role
25 Membership
26 Appointment of members
26A Chair
26B Remuneration of members
26C Leave of members
26D Resignation of members
26E Termination of appointment
26F Other terms and conditions
26G Meetings
26H Decisions without meetings
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Part 3—Office of the Fair Work Building Industry Inspectorate
26J Office of the Fair Work Building Industry Inspectorate
26K Staff
26L Persons assisting the Director
26M Consultants
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Chapter 3—The Building Code
27 Minister to issue Building 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 work
35 Accreditation scheme
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Chapter 7—Enforcement
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Part 1—Powers to obtain information etc.
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Division 1—Preliminary
36 Definitions
36A Application of this Part
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Division 2—Role of the Independent Assessor
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Subdivision A—Establishment and appointment etc. of the Independent Assessor
36B Establishment
36C Functions and powers
36D Minister may require reports
37 Appointment
37A Acting appointments
37B Remuneration
37C Leave of absence
37D Engaging in other paid employment
37E Disclosure of interests
37F Resignation
37G Termination
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Subdivision B—Determinations by Independent Assessor
38 Application of this Subdivision
39 Independent Assessor may determine that powers to obtain information do not apply in relation to particular building project
40 Interested person may apply for determination
41 Consideration of application for determination
42 Publication and period of effect of determination
43 Director may request Independent Assessor to reconsider determination
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Division 3—Examination notices
44 Minister may nominate AAT presidential members to issue examination notices
45 Director may apply to nominated AAT presidential member for examination notice
46 Sunset provision
47 Issue of examination notice
48 Form and content of examination notice
49 Director must notify Commonwealth Ombudsman of issue of examination notice
50 Director may give examination notice to person in relation to whom it is issued and vary time for compliance
51 Conduct of examination etc.
52 Offence—failure to comply with examination notice
53 Certain excuses not available in relation to examination notices
54 Protection from liability
54A Review and report by Commonwealth Ombudsman
55 Retention and copying etc. of documents
56 Director may make and keep copies of documents
57 Secrecy provisions
58 Payment for expenses incurred in attending an examination
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Part 2—Fair Work Building Industry Inspectors
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Division 1—Appointment
59 Appointment
59A Director is an inspector
59B Identity cards
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Division 2—Powers
59C Inspectors’ powers under Fair Work and other Acts
59D Director’s powers under Fair Work Act
59E Inspectors’ power to monitor compliance with Building Code
59F General directions by the Director
59G Particular directions by the Director
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Part 3—Federal Safety Officers
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Division 1—Appointment
60 Federal Safety Officers
61 Identity cards for Federal Safety Officers
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Division 2—Powers
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 Disclosure of information by the Director
64A Disclosure of information by the Federal Safety Commissioner
65 Protection of confidentiality of information obtained under an examination notice
66 Reports not to include information relating to an individual’s affairs
68 Delegation by Minister
71 Director may intervene in court proceedings
72 Director may make submissions in FWC proceedings
73 Director etc. must not participate in court proceedings in relation to settled matters
73A Director etc. must not institute court proceedings in relation to settled matters
74 General Manager of the FWC must keep Director informed
75 Jurisdiction of the Federal Court
75A Exercising jurisdiction in the Fair Work Division of the Federal Court
76 Court not to require undertaking as to damages
77 Director etc. not liable for conduct in good faith
78 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history