Commonwealth Numbered Regulations Commonwealth Numbered RegulationsNote: See section 7.
Form 1 -- Examination notice to give information
COMMONWEALTH OF AUSTRALIA
Building and Construction Industry (Improving Productivity) Act 2016
NOTICE ISSUED TO [ name ]
EXAMINATION NOTICE TO GIVE INFORMATION
I, [ name ], a nominated AAT presidential member, acting under subsection 61C(1) of the Building and Construction Industry (Improving Productivity) Act 2016 , require you to give the information specified in Part 1 of the Schedule to this notice.
The information is relevant to an investigation by an inspector into a suspected contravention, by a building industry participant, of the Building and Construction Industry (Improving Productivity) Act 2016 or of a designated building law.
Note: The details relating to the investigation are specified in Parts 2 to 5 of the Schedule to this notice.
The information is to be given to the Australian Building and Construction Commissioner, by [ time and date ], in the manner and form specified in Part 6 of the Schedule to this notice.
WARNING --Under subsection 62(1) of the Building and Construction Industry (Improving Productivity) Act 2016 you will commit an offence if you have been given this notice and fail to give the information by the time, and in the manner and form, specified in this notice or by such later time as provided for under subsection 61E(3) or (4) of the Building and Construction Industry (Improving Productivity) Act 2016 .
PENALTY: Imprisonment for 6 months and/or the imposition of a maximum fine of 30 penalty units.
Note: Subsection 62(2) of the Building and Construction Industry (Improving Productivity) Act 2016 provides protection from the general requirement to give information if legal professional privilege or public interest immunity applies.
Dated 20 .
... ... ... . ... . ... ... ........... ... ... .
Signature
SCHEDULE
Part 1
[ information to be given ]
Part 2
[ address (if any) to which the suspected contravention relates ]
Part 3
[ building industry participant or kind of building industry participant ]
Part 4
[ suspected contravention of the Building and Construction Industry (Improving Productivity) Act 2016 or designated building law ]
Part 5
[ period during which the suspected contravention took place ]
Part 6
[ manner and form in which information must be given ]
Form 2 -- Examination notice to produce documents
COMMONWEALTH OF AUSTRALIA
Building and Construction Industry (Improving Productivity) Act 2016
NOTICE ISSUED TO [ name ]
EXAMINATION NOTICE TO PRODUCE DOCUMENTS
I, [ name ], a nominated AAT presidential member, acting under subsection 61C(1) of the Building and Construction Industry (Improving Productivity) Act 2016 , require you to produce the documents specified in Part 1 of the Schedule to this notice.
The documents are relevant to an investigation by an inspector into a suspected contravention, by a building industry participant, of the Building and Construction Industry (Improving Productivity) Act 2016 or of a designated building law.
Note: The details relating to the investigation are specified in Parts 2 to 5 of the Schedule to this notice.
The documents are to be produced to the Australian Building and Construction Commissioner, by [ time and date ], in the manner specified in Part 6 of the Schedule to this notice.
WARNING --Under subsection 62(1) of the Building and Construction Industry (Improving Productivity) Act 2016 you will commit an offence if you have been given this notice and fail to produce the documents by the time, and in the manner, specified in this notice or by such later time as provided for under subsection 61E(3) or (4) of the Building and Construction Industry (Improving Productivity) Act 2016 .
PENALTY : Imprisonment for 6 months and/or the imposition of a maximum fine of 30 penalty units.
Note: Subsection 62(2) of the Building and Construction Industry (Improving Productivity) Act 2016 provides protection from the requirement to produce a document or documents if legal professional privilege or public interest immunity applies.
Dated 20 .
... ... . ... ... ... ... ... ... ... ... ... .
Signature
SCHEDULE
Part 1
[ documents/kinds of documents to be produced ]
Part 2
[ address (if any) to which the suspected contravention relates ]
Part 3
[ building industry participant or kind of building industry participant ]
Part 4
[ suspected contravention of the Building and Construction Industry (Improving Productivity) Act 2016 or designated building law ]
Part 5
[ period during which the suspected contravention took place ]
Part 6
[ manner in which documents must be produced ]
Form 3 -- Examination notice to attend and answer questions
COMMONWEALTH OF AUSTRALIA
Building and Construction Industry (Improving Productivity) Act 2016
NOTICE ISSUED TO [ name ]
EXAMINATION NOTICE TO ATTEND AND ANSWER QUESTIONS
I, [ name ], a nominated AAT presidential member, acting under subsection 61C(1) of the Building and Construction Industry (Improving Productivity) Act 2016 , require you to attend before the Australian Building and Construction Commissioner at:
[ time ] on [ date ] at [ place ]
to answer questions that are relevant to an investigation by an inspector into a suspected contravention, by a building industry participant, of the Building and Construction Industry (Improving Productivity) Act 2016 or of a designated building law.
Note 1: The details relating to the investigation are specified in Parts 1 to 4 of the Schedule to this notice.
Note 2: For your right to be represented at the examination by a lawyer of your choice, see subsection 61F(3) of the Building and Construction Industry (Improving Productivity) Act 2016 .
WARNING --Under subsection 62(1) of the Building and Construction Industry (Improving Productivity) Act 2016 you will commit an offence if you have been given this notice and fail:
* to attend to answer questions at the time and place specified in this notice or at such later time as provided for under subsection 61E(3) or (4) of the Building and Construction Industry (Improving Productivity) Act 2016 ; or
* to take an oath or make an affirmation, if required to do so under subsection 61F(4) of the Building and Construction Industry (Improving Productivity) Act 2016 ; or
* to answer questions relevant to the investigation while attending as required by this notice.
PENALTY : Imprisonment for 6 months and/or the imposition of a maximum fine of 30 penalty units.
Note 1: Subsection 62(2) of the Building and Construction Industry (Improving Productivity) Act 2016 provides protection from the requirement to answer questions if legal professional privilege or public interest immunity applies.
Note 2: A person who attends an examination as required by an examination notice is entitled to be paid fees and allowances in accordance with rules made by the Minister for the purposes of subsection 63(1) of the Building and Construction Industry (Improving Productivity) Act 2016.
Dated 20 .
... ... . ... ... ... ... ... ... ... ... ... .
Signature
SCHEDULE
Part 1
[ address (if any) to which the suspected contravention relates ]
Part 2
[ building industry participant or kind of building industry participant ]
Part 3
[ suspected contravention of the Building and Construction Industry (Improving Productivity) Act 2016 or designated building law ]
Part 4
[ period during which the suspected contravention took place ]