Building and Construction Industry (Consequential and Transitional Provisions) Rules 2016

I, Michaelia Cash, Minister for Employment, make the following rules.

Dated 2 December 2016

Michaelia Cash

Minister for Employment

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

Part 2—Building Code

5 Continuation of old Building Code

Part 1—Preliminary

1  Name

  This instrument is the Building and Construction Industry (Consequential and Transitional Provisions) Rules 2016.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under item 26 of Schedule 2 to the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016.

4  Definitions

  In this instrument:

new Act means the Building and Construction Industry (Improving Productivity) Act 2016.

old Act means the Fair Work (Building Industry) Act 2012.

transition time means the commencement of section 3 of the new Act.

Part 2—Building Code

5  Continuation of old Building Code

 (1) This section applies in relation to particular building work (within the meaning of the old Act) to which the Building Code 2013 (the old Code) applied immediately before the transition time.

 (2) The new Act applies (subject to subsections (3) and (4)) as if:

 (a) the old Code, as in force immediately before the transition time, were a document issued under section 34 of the new Act in relation to that work; and

 (b) if a funding entity (within the meaning of the old Code) intends, after the transition time, to enter into a contract with a preferred tenderer to fund that building work:

 (i) that document were a document relating to procurement matters; and

 (ii) that document included the requirement referred to in subsection 34(2A) of the new Act.

Exceptions

 (3) The old Code does not apply in relation to that work if the Code for the Tendering and Performance of Building Work 2016 applies in relation to that work.

 (4) Paragraph (2)(a) of this section does not apply for the purposes of section 35 of the new Act (building industry participants to report on compliance with the Building Code).

Note: Instead, section 22 of the old Code deals with reporting on compliance.

Translation of references in old Code

 (5) The old Code applies as if:

 (a) a reference in that Code to the Director, or the Director of the Fair Work Building Industry Inspectorate, were a reference to the ABC Commissioner (within the meaning of the new Act); and

 (b) a reference in that Code to an Inspector were a reference to an inspector (within the meaning of the new Act).