Commonwealth Numbered Acts Commonwealth Numbered Acts(1) The ABC Commissioner has the following functions:
(aa) promoting the main object of this Act (see section 3);
(a) monitoring and promoting appropriate standards of conduct by building industry participants, including by:
(i) monitoring and promoting compliance with this Act, designated building laws and the Building Code by building industry participants; and
(ii) referring matters to other relevant agencies and bodies;
(b) investigating suspected contraventions, by building industry participants, of this Act, designated building laws or the Building Code;
(ba) ensuring building employers and building contractors comply with their obligations under this Act, designated building laws and the Building Code;
(c) instituting, or intervening in, proceedings in accordance with this Act;
(d) providing assistance and advice to building industry participants regarding their rights and obligations under this Act, designated building laws and the Building Code;
(e) providing representation to a building industry participant who is, or might become, a party to a proceeding under this Act, a designated building law or the Building Code, if the ABC Commissioner considers that providing the representation would promote the enforcement of this Act, the law or the Code;
(f) disseminating information about this Act, designated building laws and the Building Code, and about other matters affecting building industry participants, including disseminating information by facilitating ongoing discussions with building industry participants;
(g) any other functions conferred on the ABC Commissioner by this Act or by another Act.
(2) In performing the functions referred to in subsection (1), the ABC Commissioner must ensure that the policies and procedures adopted and resources allocated for protecting and enforcing rights and obligations arising under this Act, designated building laws and the Building Code are, to the greatest extent practicable having regard to industry conditions based on complaints received by the ABC Commissioner, applied in a reasonable and proportionate manner to each of the categories of building industry participants.
(3) Without limiting subsection (1), the ABC Commissioner must perform his or her functions in relation to the following provisions of the FW Act:
(a) Chapter 2, including (but not limited to) in relation to wages and entitlements;
(b) Part 3-1 (general protections, including protection of freedom of association and prohibitions on coercion), including (but not limited to):
(i) section 351 (discrimination); and
(ii) sections 357 to 359 (sham arrangements);
(c) Part 3-3 (industrial action), including (but not limited to):
(i) section 474 (payments not to be made relating to certain periods of industrial action); and
(ii) section 475 (accepting or seeking payments relating to periods of industrial action);
(d) Part 3-4 (right of entry).