Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 4

Simplified outline of this Act

This Act regulates certain conduct of building industry participants who perform building work.

The Australian Building and Construction Commissioner, and those who are part of the Australian Building and Construction Commission, exercise powers and perform functions in relation to building work. For example, the ABC Commissioner and other inspectors investigate, monitor and promote compliance with this Act, the Building Code and designated building laws. Designated building laws are specified workplace relations laws and industrial instruments under those laws. The Building Code is a code of practice issued under this Act in respect of building work that certain persons must comply with.

The Federal Safety Commissioner, and Federal Safety Officers, are responsible for promoting work health and safety in relation to building work. They also have a role in relation to the Work Health and Safety Accreditation Scheme, which is a scheme prescribed by the rules for accrediting persons who carry out building work funded by the Commonwealth or a Commonwealth authority.

Unlawful industrial action and unlawful picketing are prohibited by this Act, and anyone can obtain an injunction to prevent this happening. Other action relating to coercion and discrimination is also prohibited by this Act.

The ABC Commissioner, inspectors and Federal Safety Officers may obtain information. An examination notice, issued by a nominated AAT presidential member on application by the ABC Commissioner, may require a person to give information. Inspectors and Federal Safety Officers can also enter premises for certain purposes. There are protections for, and limitations on the use of, information that is provided under this Act.

Inspectors and affected persons are able to apply to certain courts when a person contravenes a civil remedy provision. The court may order a pecuniary penalty, grant an injunction or make another order. The ABC Commissioner and inspectors have other powers to enforce compliance with this Act (such as being able to accept enforceable undertakings).

The ABC Commissioner can intervene in, or institute, court or FWC proceedings. The ABC Commissioner can also publicise non-compliance with this Act, designated building laws and the Building Code.



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