(1)

The Minister may issue one or more documents that together constitute a code of practice (the Building Code ) that is to be complied with by persons in respect of building work.

(2)

Without limiting subsection (1), the Minister may issue one or more documents under that subsection in relation to occupational health and safety matters relating to building work.

(3)

The Building Code cannot require a person to comply with the Code in respect of particular building work (the current work ) unless:

(a) the person is a building contractor that is a constitutional corporation; or
(b) the person is a building industry participant and the current work is to be carried out in a Territory or Commonwealth place.

(4)

Before exercising powers under this section, the Minister must take into account any relevant recommendations of the Federal Safety Commissioner in relation to occupational health and safety matters.

(5)

A document issued under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 .