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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016


TABLE OF PROVISIONS

           Long Title

            

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  
            

CHAPTER 2--The Australian Building and Construction Commissioner
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   14.     Simplified outline of this Chapter  

   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  

   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  

   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  
            

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  
            

CHAPTER 4--The Federal Safety Commissioner
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   36.     Simplified outline of this Chapter  

   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  

   PART 3--WHS--ACCREDITATION SCHEME FOR COMMONWEALTH BUILDING WORK

   43.     WHS Accreditation Scheme for Commonwealth building work  
            

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  
            

CHAPTER 6--Coercion, discrimination and unenforceable agreements
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   50.     Simplified outline of this Chapter  

   PART 2--COERCION AND DISCRIMINATION

           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  

           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  

   PART 3--UNENFORCEABLE AGREEMENTS

   59.     Project agreements not enforceable  
            

CHAPTER 7--Powers to obtain information
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   60.     Simplified outline of this Chapter  

   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  

   PART 3--POWERS OF AUSTRALIAN BUILDING AND CONSTRUCTION INSPECTORS AND FEDERAL SAFETY OFFICERS

           Division 1--Appointment of Australian Building and Construction Inspectors

   66.     Australian Building and Construction Inspectors  
   67.     Identity cards for inspectors  

           Division 2--Appointment of Federal Safety Officers

   68.     Federal Safety Officers  
   69.     Identity cards for Federal Safety Officers  

           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  
            

CHAPTER 8--Enforcement
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   80.     Simplified outline of this Chapter  

   PART 2--ORDERS FOR CONTRAVENTIONS OF CIVIL REMEDY PROVISIONS

           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  

           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  

           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.  

   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  
            

CHAPTER 9--Miscellaneous
            

   PART 1--SIMPLIFIED OUTLINE OF THIS CHAPTER

   101.    Simplified outline of this Chapter  

   PART 2--PROVISIONS RELATING TO INFORMATION

           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  

           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  

   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  

   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  

   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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