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SLI 2005 No. 204 Regulations as amended, taking into account amendments up to SLI 2005 No. 306
Administered by: DEWR
Registered 21 Dec 2005
Start Date 21 Dec 2005
End Date 15 Dec 2006
Date of repeal 05 Sep 2015
Repealed by Fair Work (Building Industry) Regulation 2015

Building and Construction Industry Improvement Regulations 2005

Select Legislative Instrument 2005 No. 204 as amended

made under the

This compilation was prepared on 21 December 2005
taking into account amendments up to SLI 2005 No. 306

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra


Contents

Chapter 1          Preliminary                                                                    

                      1.1     Name of Regulations [see Note 1]                                     4

                      1.2     Commencement                                                              4

                      1.3     Definitions                                                                       4

Chapter 3          The Building Code                                                      

                      3.1     Reporting on compliance with Code                                   5

Chapter 4          Occupational Health and Safety                             

                      4.1     Delegation by Federal Safety Commissioner                      6

Chapter 7          Enforcement                                                                 

                      7.1     Penalties — eligible persons                                             7

                      7.2     Notice requiring production of documents                           7

                      7.3     Identity cards — ABC Inspectors and ABC Commissioner   7

                      7.4     Taking samples of goods and substances — ABC Inspectors 8

                      7.5     Notice requiring production of document — ABC Inspectors 8

                      7.6     Identity cards — Federal Safety Officers and Federal Safety Commissioner      8

                      7.7     Taking samples of goods and substances — Federal Safety Officers   9

                      7.8     Notice requiring production of document — Federal Safety Officers      9

                      7.9     Notice requiring information                                             10

                    7.10     Notice to attend and answer questions                             10

Chapter 8          Miscellaneous                                                              

                      8.1     Notice of application to court (Act s 78 (2) (d))                  11

                      8.2     Definition of eligible condition                                          12

Schedule 3.1          Notice directing industry participant to report on compliance with Code 13

Schedule 7.1          Notice requiring production of documents                  15

Schedule 7.2          Notice of taking of samples of goods and substances — ABC Inspectors  17

Schedule 7.3          Notice requiring production of document — ABC Inspectors        19

Schedule 7.4          Notice of taking of samples of goods and substances — Federal Safety Officers 21

Schedule 7.5          Notice requiring production of document — Federal Safety Officers        23

Schedule 7.6          Notice requiring information                                       25

Schedule 7.7          Notice to attend and answer questions                        27

Notes                                                                                                          29

 

 


  

  

Chapter 1    Preliminary

1.1           Name of Regulations [see Note 1]

                These Regulations are the Building and Construction Industry Improvement Regulations 2005.

1.2           Commencement

                These Regulations commence on 1 October 2005.

1.3           Definitions

                In these Regulations:

Act means the Building and Construction Industry Improvement Act 2005.

Chapter 3    The Building Code

3.1           Reporting on compliance with Code

                For subsection 28 (2) of the Act, a notice directing a person to give a written report to the ABC Commissioner must be in the form set out in Schedule 3.1.

Chapter 4    Occupational Health and Safety

4.1           Delegation by Federal Safety Commissioner

                For paragraph 32 (1) (c) of the Act, an APS employee who is engaged for the purposes of the Office of the Federal Safety Commissioner is prescribed.

Chapter 7    Enforcement

7.1           Penalties — eligible persons

         (1)   Subject to subregulation (2), for paragraph 49 (6) (d) of the Act, the following persons are eligible persons:

                (a)    the Federal Safety Commissioner;

               (b)    a Federal Safety Officer.

         (2)   For subsection 49 (7) of the Act, a person mentioned in subregulation (1) is prescribed only in relation to occupational health and safety matters.

7.2           Notice requiring production of documents

                For paragraph 52 (1) (d) of the Act, a notice requiring a person to produce documents to the ABC Commissioner, or to an assistant, must be in accordance with Schedule 7.1.

7.3           Identity cards — ABC Inspectors and ABC Commissioner

         (1)   For subsection 58 (1) of the Act, an identity card issued to an ABC Inspector must contain:

                (a)    the name and signature of the ABC Inspector; and

               (b)    the signature of the ABC Commissioner; and

                (c)    the date on which the card was issued; and

               (d)    a statement that the card was issued under subsection 58 (1) of the Act, and that the person to whom the card was issued is an ABC Inspector.

Note   Subsection 58 (1) of the Act requires an identity card to be issued to an ABC Inspector. The identity card must contain a recent photograph of the ABC Inspector.

         (2)   For subsection 58 (2) of the Act, the identity card issued to the ABC Commissioner must contain:

                (a)    the name and signature of the ABC Commissioner; and

               (b)    the signature of the Minister; and

                (c)    the date on which the card was issued; and

               (d)    a statement that the card was issued under subsection 58 (2) of the Act, and that the person to whom the card was issued is the ABC Commissioner.

Note   Subsection 58 (2) of the Act requires an identity card to be issued to the ABC Commissioner. The identity card must contain a recent photograph of the ABC Commissioner.

7.4           Taking samples of goods and substances — ABC Inspectors

         (1)   For paragraph 59 (5) (b) of the Act, an ABC Inspector may take a sample of any goods or substances after giving notice to:

                (a)    the owner or other person in charge of the goods or substances; or

               (b)    an appropriate employee or other representative of that owner or person;

of the ABC Inspector’s intention to do so.

         (2)   The notice must be in accordance with Schedule 7.2.

7.5           Notice requiring production of document — ABC Inspectors

                For subsection 59 (6) of the Act, a notice issued by an ABC Inspector requiring a person to produce a document must be in accordance with Schedule 7.3.

7.6           Identity cards — Federal Safety Officers and Federal Safety Commissioner

         (1)   For subsection 61 (1) of the Act, an identity card issued to a Federal Safety Officer must contain:

                (a)    the name and signature of the Federal Safety Officer; and

               (b)    the signature of the Federal Safety Commissioner; and

                (c)    the date on which the card was issued; and

               (d)    a statement that the card was issued under subsection 61 (1) of the Act, and that the person to whom the card was issued is a Federal Safety Officer.

Note   Subsection 61 (1) of the Act requires an identity card to be issued to a Federal Safety Officer. The identity card must contain a recent photograph of the Federal Safety Officer.

         (2)   For subsection 61 (2) of the Act, an identity card issued to the Federal Safety Commissioner must contain:

                (a)    the name and signature of the Federal Safety Commissioner; and

               (b)    the signature of the Minister; and

                (c)    the date on which the card was issued; and

               (d)    a statement that the card was issued under subsection 61 (2) of the Act, and that the person to whom the card was issued is the Federal Safety Commissioner.

Note   Subsection 61 (2) of the Act requires an identity card to be issued to the Federal Safety Commissioner. The identity card must contain a recent photograph of the Federal Safety Commissioner.

7.7           Taking samples of goods and substances — Federal Safety Officers

         (1)   For paragraphs 62 (5) (b) and 63 (5) (b) of the Act, a Federal Safety Officer may take a sample of any goods or substances after giving notice to:

                (a)    the owner or other person in charge of the goods or substances; or

               (b)    an appropriate employee or other representative of that owner or person;

of the Federal Safety Officer’s intention to do so.

         (2)   The notice must be in accordance with Schedule 7.4.

7.8           Notice requiring production of document — Federal Safety Officers

                For subsections 62 (6) and 63 (6) of the Act, a notice issued by a Federal Safety Officer requiring a person to produce a document must be in accordance with Schedule 7.5.

7.9           Notice requiring information

                For paragraph 52 (1) (c) of the Act, a notice requiring a person to give information to the ABC Commissioner, or to an assistant, must be in accordance with Schedule 7.6.

7.10        Notice to attend and answer questions

                For paragraph 52 (1) (e) of the Act, a notice requiring a person to attend and answer questions before the ABC Commissioner, or an assistant, must be in accordance with Schedule 7.7.

Chapter 8    Miscellaneous

8.1           Notice of application to court (Act s 78 (2) (d))

         (1)   A building industry participant must, as soon as practicable, notify the ABC Commissioner of an application made to a court under the Act or the Workplace Relations Act if the application is made by, or otherwise involves, the building industry participant.

         (2)   A notice under subregulation (1) must include the following information:

                (a)    the parties to the action;

               (b)    contact details for each of the parties;

                (c)    the Act, and provision, under which the application has been made;

               (d)    the jurisdiction in which the application has been made.

         (3)   A building industry participant must, as soon as practicable, notify the ABC Commissioner of the outcome of any application to a court under the Act or the Workplace Relations Act made by, or otherwise involving the building industry participant.

         (4)   A notice under subregulation (3) must include the following information:

                (a)    the parties to the action;

               (b)    contact details for the parties;

                (c)    the jurisdiction in which the application was made;

               (d)    the outcome of the application.

         (5)   Subject to subregulation (6), Part 1 of Chapter 7 of the Act applies to a contravention of this regulation as if this regulation were a civil penalty provision under the Act.

         (6)   The maximum pecuniary penalty for a contravention of this regulation is:

                (a)    if the defendant is a body corporate — 25 penalty units; and

               (b)    in any other case — 5 penalty units.

8.2           Definition of eligible condition

                For the purposes of paragraph (c) of the definition of eligible condition in section 4 of the Act, a prescribed matter is compliance with the following, as in force from time to time:

                (a)    the National Code of Practice for the Construction Industry 1997;

               (b)    any guidelines issued by the Commonwealth under that National Code.


Schedule 3.1     Notice directing industry participant to report on compliance with Code

(regulation 3.1)

  

 

COMMONWEALTH OF AUSTRALIA

 

Building and Construction Industry Improvement Act 2005

 

NOTICE REQUIRING PRODUCTION OF DOCUMENTS

 

I, [name], the Australian Building and Construction Commissioner, acting under section 28 of the Building and Construction Industry Improvement Act 2005 and regulation 3.1 of the Building and Construction Industry Improvement Regulations 2005, direct you, a person who is required to comply with the Building Code in respect of the building work mentioned in Part 1 of the Schedule to this Notice, to give me a written report, within [period within which report must be provided] of the date of this Notice, containing the information mentioned in Part 2 of the Schedule to this Notice in relation to that building work.

 

Dated                                                         20   .

 

 

................................................

(ABC Commissioner’s signature)

 

 

NOTICE GIVEN TO                    [name]

 

SCHEDULE

 

Part 1

[address and nature of building work]

 

 

Part 2

[specified information]

 

 

Schedule 7.1     Notice requiring production of documents

(regulation 7.2)

 

COMMONWEALTH OF AUSTRALIA

 

Building and Construction Industry Improvement Act 2005

 

NOTICE REQUIRING PRODUCTION OF DOCUMENTS

 

I, [name], [position], acting under paragraph 52 (1) (d) of the Building and Construction Industry Improvement Act 2005, and regulation 7.2 of the Building and Construction Industry Improvement Regulations 2005, require you to produce the documents specified in Part 1 of the Schedule to this notice.

 

The documents are relevant to an investigation by the ABC Commissioner into a contravention, by a building industry participant, of a designated building law.

 

Note 1   The information relating to the investigation is specified in Parts 2 to 5 of the Schedule to this notice.

Note 2   Investigation is defined in subsection 52 (8) of the Building and Construction Industry Improvement Act 2005.

 

The documents are to be provided to the ABC Commissioner, or an assistant, by [time and date] in the manner specified in Part 6 of the Schedule to this notice.

 

WARNING  Under subsection 52 (6) of the Building and Construction Industry Improvement Act 2005 you will commit an offence if you have been given this notice and fail to produce the required documents by the time, and in the manner, specified in the notice.

 

PENALTY:      Imprisonment for 6 months

 

Dated                                                20 .

 

………………………….

signature

 

NOTICE GIVEN TO             [name]

 

 

SCHEDULE

 

Part 1

[documents]

 

Part 2

[address (if any) to which the contravention relates]

 

Part 3

[building industry participant or kind of building industry participant]

 

Part 4

[contravention and designated building law]

 

Part 5

[period during which the contravention took place]

 

Part 6

[manner in which documents must be produced]

 

Schedule 7.2     Notice of taking of samples of goods and substances — ABC Inspectors

(regulation 7.4)

  

 

COMMONWEALTH OF AUSTRALIA

 

Building and Construction Industry Improvement Act 2005

 

NOTICE THAT SAMPLE OF GOODS OR SUBSTANCES IS TO BE TAKEN

 

I, [name], an ABC Inspector in the office of the Australian Building and Construction Commissioner, acting under section 59 of the Building and Construction Industry Improvement Act 2005 and regulation 7.4 of the Building and Construction Industry Improvement Regulations 2005, give notice that I propose to take a sample of the goods and/or substances listed in the Schedule to this notice.

 

Dated                                                         20   .

 

 

................................................

(ABC Inspector’s signature)

NOTICE GIVEN TO                    [name]

                                                p owner of the goods or substances

                                                p     person in charge of the goods or substances

                                                p     appropriate employee of the owner or person in charge

                                                p     representative of the owner or person in charge

SCHEDULE

 

[description of goods and/or substances]

Schedule 7.3     Notice requiring production of document — ABC Inspectors

(regulation 7.5)

  

 

COMMONWEALTH OF AUSTRALIA

 

Building and Construction Industry Improvement Act 2005

 

NOTICE REQUIRING PRODUCTION OF DOCUMENT

 

I, [name], an ABC Inspector in the office of the Australian Building and Construction Commissioner, acting under subsection 59 (6) of the Building and Construction Industry Improvement Act 2005 (‘the Act’) and regulation 7.5 of the Building and Construction Industry Improvement Regulations 2005, require you to produce at the place specified in Part 2 of the Schedule to this Notice within the period specified in Part 3 of the Schedule to this Notice the documents mentioned in Part 1 of the Schedule to this Notice, being documents that you were required to produce under paragraph 59 (5) (e) of the Act on the date, and at the premises, mentioned in Part 4 of the Schedule to this Notice.

 

Dated                                                         20   .

 

 

................................................

(ABC Inspector’s signature)

 

 

NOTICE GIVEN TO                    [name]

 

SCHEDULE

 

Part 1

[documents]

 

 

Part 2

[place at which documents must be produced]

 

 

Part 3

[period within which documents must be produced]

 

 

Part 4

[date on which, and premises at which, documents were required to be produced under paragraph 59 (5) (e) of the Act]

 

Schedule 7.4     Notice of taking of samples of goods and substances — Federal Safety Officers

(regulation 7.7)

  

 

COMMONWEALTH OF AUSTRALIA

 

Building and Construction Industry Improvement Act 2005

 

NOTICE THAT SAMPLE OF GOODS OR SUBSTANCES IS TO BE TAKEN

 

I, [name], a Federal Safety Officer in the office of the Federal Safety Commissioner, acting under section 62* / section 63* of the Building and Construction Industry Improvement Act 2005 and regulation 7.7 of the Building and Construction Industry Improvement Regulations 2005, give notice that I propose to take a sample of the goods and/or substances listed in the Schedule to this notice.

 

Dated                                                         20   .

 

 

................................................

(Federal Safety Officer’s signature)

*   omit inapplicable reference

NOTICE GIVEN TO                    [name]

                                                p owner of the goods or substances

                                                p     person in charge of the goods or substances

                                                p     appropriate employee of the owner or person in charge

                                                p     representative of the owner or person in charge

SCHEDULE

 

[description of goods and/or substances]

Schedule 7.5     Notice requiring production of document — Federal Safety Officers

(regulation 7.8)

  

 

COMMONWEALTH OF AUSTRALIA

 

Building and Construction Industry Improvement Act 2005

 

NOTICE REQUIRING PRODUCTION OF DOCUMENT

 

I, [name], a Federal Safety Officer in the office of the Federal Safety Commissioner, acting under subsection 62 (6)* / subsection 63 (6)* of the Building and Construction Industry Improvement Act 2005 (‘the Act’) and regulation 7.8 of the Building and Construction Industry Improvement Regulations 2005, require you to produce at the place specified in Part 2 of the Schedule to this Notice within the period specified in Part 3 of the Schedule to this Notice the documents mentioned in Part 1 of the Schedule to this Notice, being documents that you were required to produce under paragraph 62 (5) (e)* / paragraph 63 (5) (e)* of the Act on the date, and at the premises, mentioned in Part 4 of the Schedule to this Notice.

 

Dated                                                         20   .

 

 

................................................

(Federal Safety Officer’s signature)

*   omit inapplicable references

 

 

NOTICE GIVEN TO                    [name]

 

SCHEDULE

 

Part 1

[documents]

 

 

Part 2

[place at which documents must be produced]

 

 

Part 3

[period within which documents must be produced]

 

 

Part 4

[date on which, and premises at which, documents were required to be produced under paragraph 62 (5) (e) or 63 (5) (e) of the Act]

Schedule 7.6     Notice requiring information

(regulation 7.9)

  

 

COMMONWEALTH OF AUSTRALIA

 

Building and Construction Industry Improvement Act 2005

 

NOTICE REQUIRING INFORMATION

 

I, [name], [position], acting under paragraph 52 (1) (c) of the Building and Construction Industry Improvement Act 2005, and regulation 7.9 of the Building and Construction Industry Improvement Regulations 2005, require you to give the information specified in Part 1 of the Schedule to this notice.

 

The information is relevant to an investigation by the ABC Commissioner into a contravention, by a building industry participant, of a designated building law.

 

Note 1   The information relating to the investigation is specified in Parts 2 to 5 of the Schedule to this notice.

Note 2   Investigation is defined in subsection 52 (8) of the Building and Construction Industry Improvement Act 2005.

 

This information is to be provided to the ABC Commissioner, or an assistant, by [time and date] in the manner and form specified in Part 6 of the Schedule to this notice.

 

WARNING  Under subsection 52 (6) of the Building and Construction Industry Improvement Act 2005 you will commit an offence if you have been given this notice and fail to give the required information by the time, and in the manner and form, specified in the notice.

 

PENALTY:      Imprisonment for 6 months

 

Dated                                                20 .

 

………………………….

signature

 

NOTICE GIVEN TO             [name]

 

 

SCHEDULE

 

Part 1

[information]

 

Part 2

[address (if any) to which the contravention relates]

 

Part 3

[building industry participant or kind of building industry participant]

 

Part 4

[contravention and designated building law]

 

Part 5

[period during which the contravention took place]

 

Part 6

[manner and form in which information must be given]

Schedule 7.7     Notice to attend and answer questions

(regulation 7.10)

  

 

COMMONWEALTH OF AUSTRALIA

 

Building and Construction Industry Improvement Act 2005

 

NOTICE TO ATTEND AND ANSWER QUESTIONS

 

I, [name], [position], acting under paragraph 52 (1) (e) of the Building and Construction Industry Improvement Act 2005, and regulation 7.10 of the Building and Construction Industry Improvement Regulations 2005, require you to attend at:

 

            [time] on [date] at [place]

 

to answer questions that are relevant to an investigation by the ABC Commissioner into a contravention, by a building industry participant, of a designated building law.

 

Note 1   The information relating to the investigation is specified in Parts 1 to 4 of the Schedule to this notice.

Note 2   Investigation is defined in subsection 52 (8) of the Building and Construction Industry Improvement Act 2005.

 

WARNING  Under subsection 52 (6) of the Building and Construction Industry Improvement Act 2005 you will commit an offence if you have been given this notice and fail:

 

·    to attend to answer questions at the time and place specified in this notice; or

·    to take an oath or make an affirmation, when required to do so under subsection 52 (4) of the Building and Construction Industry Improvement Act 2005; or

·    to answer questions relevant to the investigation while attending as required by this notice.

 

PENALTY:      Imprisonment for 6 months

 

Dated                                                20 .

 

………………………….

signature

 

NOTICE GIVEN TO             [name]

 

 

SCHEDULE

 

Part 1

[address (if any) to which the contravention relates]

 

Part 2

[building industry participant or kind of building industry participant ]

 

Part 3

[contravention and designated building law]

 

Part 4

[period during which the contravention took place]


Notes to the Building and Construction Industry Improvement Regulations 2005

Note 1

The Building and Construction Industry Improvement Regulations 2005 (in force under the Building and Construction Industry Improvement Act 2005) as shown in this compilation comprise Select Legislative Instrument 2005 No. 204 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2005 No. 204

16 Sept 2005 (see F2005L02570)

1 Oct 2005

 

2005 No. 306

20 Dec 2005 (see F2005L04067)

21 Dec 2005

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Chapter 4

 

R. 4.2......................................

rep. 2005 No. 306

Chapter 7

 

R. 7.9......................................

ad. 2005 No. 306

R. 7.10....................................

ad. 2005 No. 306

Chapter 8

 

R. 8.1......................................

am. 2005 No. 306

R. 8.2......................................

ad. 2005 No. 306

Schedule 7.1

 

Schedule 7.1.........................

rs. 2005 No. 306

Schedule 7.6

 

Schedule 7.6.........................

ad. 2005 No. 306

Schedule 7.7

 

Schedule 7.7.........................

ad. 2005 No. 306