Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 No. 113, 2005 - SECT 35

Accreditation scheme

Accreditation scheme

(1)
The regulations may prescribe an accreditation scheme for persons who wish to enter into Commonwealth building contracts with the Commonwealth or Commonwealth authorities.

(2)
The regulations must provide for the Federal Safety Commissioner to be the accrediting authority under the scheme.

(3)
The regulations may prescribe fees for applications made under the regulations.

Commonwealth building contracts not to be entered into with persons who are not accredited

(4)
The Commonwealth or a Commonwealth authority must not enter into a Commonwealth building contract with a person or persons unless the person, or each of the persons, is an accredited person at the time the contract is entered into. This subsection does not apply to contracts prescribed by the regulations.

(5)
Subsection (4) overrides:

(a) any Commonwealth provision enacted before the commencement of this section; and
(b) any Commonwealth provision enacted after the commencement of this section, unless the provision expressly refers to this section.

(6)
A contravention of subsection (4) in respect of a contract does not affect the validity of the contract.

(7)
In this section:

"accredited person" means a person who is accredited under the accreditation scheme.

"Commonwealth authority" means a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997 .

"Commonwealth building contract" means a contract under which a person agrees with the Commonwealth or a Commonwealth authority to carry out building work or arrange for building work to be carried out.

"Commonwealth provision" means a provision of a law of the Commonwealth.



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