Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY (IMPROVING PRODUCTIVITY) ACT 2016 (NO. 87, 2016) - SECT 70

Purposes for which powers of authorised officers may be exercised

Compliance purposes for inspectors

             (1)  An inspector may exercise compliance powers (other than a power under section 98 or 99) in relation to a building matter for one or more of the following purposes:

                     (a)  ascertaining whether this Act, a designated building law or the Building Code is being, or has been, complied with;

                     (b)  ascertaining whether a court order relating to this Act, a designated building law or the Building Code has been complied with, or is being complied with, by a building industry participant;

                     (c)  the purposes of a provision of the rules that confers functions or powers on inspectors;

                     (d)  the purposes of a provision of another Act that confers functions or powers on inspectors.

Note:          The powers in sections 98 (enforceable undertakings) and 99 (compliance notices) may be exercised for the purpose of remedying the effects of certain contraventions.

Compliance purposes for Federal Safety Officers

             (2)  A Federal Safety Officer may exercise compliance powers for one or more of the following purposes:

                     (a)  ascertaining whether a constitutional corporation, the Commonwealth or a Commonwealth authority that is an applicant for accreditation meets the accreditation requirements;

                     (b)  ascertaining whether a constitutional corporation, the Commonwealth or a Commonwealth authority that is an accredited person has complied, or is complying, with conditions of the accreditation;

                     (c)  ascertaining whether an accredited person has complied, or is complying, with conditions of the accreditation in respect of building work in a Territory or Commonwealth place.

Functions and powers subject to terms and conditions

             (3)  The functions and powers of an authorised officer are subject to any conditions and restrictions specified in his or her instrument of appointment.

Note:          Inspectors and Federal Safety Officers are authorised officers (see the definition of authorised officer in section 5).



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