Commonwealth Numbered Regulations

FAIR WORK (BUILDING INDUSTRY) REGULATION 2015 (SLI NO 150 OF 2015) - SCHEDULE 1

Note:       See sections 11, 19 and 20.

Form 1 -- Examination notice to give information

COMMONWEALTH OF AUSTRALIA

Fair Work (Building Industry) Act 2012

NOTICE ISSUED TO                         [ name ]

EXAMINATION NOTICE TO GIVE INFORMATION

I, [ name ], a nominated AAT presidential member, acting under subsection 47(1) of the Fair Work (Building Industry) Act 2012 , require you to give the information specified in Part 1 of the Schedule to this notice.

The information is relevant to an investigation by the Director of the Fair Work Building Industry Inspectorate into a suspected contravention, by a building industry participant, of a designated building law or of a safety net contractual entitlement.

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 Director, by [ time and date ], in the manner and form specified in Part 6 of the Schedule to this notice.

WARNING --Under subsection 52(1) of the Fair Work (Building Industry) Act 2012 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 50(3) or (4) of the Fair Work (Building Industry) Act 2012 .

PENALTY:      Imprisonment for 6 months and/or the imposition of a maximum fine of 30 penalty units.

Note:       Section 52 of the Fair Work (Building Industry) Act 2012 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 and designated building law or safety net contractual entitlement ]

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

Fair Work (Building Industry) Act 2012

NOTICE ISSUED TO                         [ name ]

EXAMINATION NOTICE TO PRODUCE DOCUMENTS

I, [ name ], a nominated AAT presidential member, acting under subsection 47(1) of the Fair Work (Building Industry) Act 2012 , require you to produce the documents specified in Part 1 of the Schedule to this notice.

The documents are relevant to an investigation by the Director of the Fair Work Building Industry Inspectorate into a suspected contravention, by a building industry participant, of a designated building law or of a safety net contractual entitlement.

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 Director, by [ time and date ], in the manner specified in Part 6 of the Schedule to this notice.

WARNING --Under subsection 52(1) of the Fair Work (Building Industry) Act 2012 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 50(3) or (4) of the Fair Work (Building Industry) Act 2012 .

PENALTY :     Imprisonment for 6 months and/or the imposition of a maximum fine of 30 penalty units.

Note:       Section 52 of the Fair Work (Building Industry) Act 2012 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 and designated building law or safety net contractual entitlement ]

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

Fair Work (Building Industry) Act 2012

NOTICE ISSUED TO                         [ name ]

EXAMINATION NOTICE TO ATTEND AND ANSWER QUESTIONS

I, [ name ], a nominated AAT presidential member, acting under subsection 47(1) of the Fair Work (Building Industry) Act 2012 , require you to attend before the Director of the Fair Work Building Industry Inspectorate at:

            [ time ] on [ date ] at [ place ]

to answer questions that are relevant to an investigation by the Director into a suspected contravention, by a building industry participant, of a designated building law or of a safety net contractual entitlement.

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 51(3) of the Fair Work (Building Industry) Act 2012.

WARNING --Under subsection 52(1) of the Fair Work (Building Industry) Act 2012 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 50(3) or (4) of the Fair Work (Building Industry) Act 2012 ; or

*          to take an oath or make an affirmation, if required to do so under subsection 51(4) of the Fair Work (Building Industry) Act 2012 ; 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:    Section 52 of the Fair Work (Building Industry) Act 2012 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 the Fair Work (Building Industry) Regulation 2015 .

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 and designated building law or safety net contractual entitlement ]

Part 4

[ period during which the suspected contravention took place ]

Form 4 -- Notice of taking samples of goods and substances--Federal Safety Officers

COMMONWEALTH OF AUSTRALIA

Fair Work (Building Industry) Act 2012

NOTICE ISSUED TO                        [ name ]

                     owner of the goods or substances

                     person in charge of the goods or substances

                     appropriate employee of the owner or person in charge

                     representative of the owner or person in charge

NOTICE OF TAKING SAMPLE OF GOODS OR SUBSTANCES

I, [ name ], a Federal Safety Officer in the office of the Federal Safety Commissioner, acting under section 62 *  / section 63 *  of the Fair Work (Building Industry) Act 2012 and section 19 of the Fair Work (Building Industry) Regulation 2015 , give notice that I propose to take a sample of the goods and/or substances listed in the Schedule to this notice.

Dated                                       20   .

... ... ... ... ... ... ... ... ... ... ... ... ... ... .

(Federal Safety Officer's signature)

*   omit inapplicable reference

SCHEDULE

[ description of goods and/or substances ]

Form 5 -- Notice requiring production of document

COMMONWEALTH OF AUSTRALIA

Fair Work (Building Industry) Act 2012

NOTICE ISSUED TO                         [ name ]

NOTICE REQUIRING PRODUCTION OF DOCUMENT

I, [ name ], a Federal Safety Officer in the office of the Federal Safety Commissioner, acting under subsection 62(6) *  / subsection 63(6) *  of the Fair Work (Building Industry) Act 2012 ('the Act') and section 20 of the Fair Work (Building Industry) Regulation 2015 , require you to produce at the place specified in Part 2 of the Schedule to this Notice within the period specified in Part 3 of the Schedule to this Notice the documents mentioned in Part 1 of the Schedule to this Notice, being documents that you were required to produce under paragraph 62(5)(e) *  / paragraph 63(5)(e) *  of the Act on the date, and at the premises, mentioned in Part 4 of the Schedule to this Notice.

Dated                                       20   .

... ... ... ... ... ... ... ... ... ... ... ... ... ... .

(Federal Safety Officer's signature)

*   omit inapplicable references

SCHEDULE

Part 1

[ documents/kinds of documents to be produced ]

Part 2

[ place where documents must be produced ]

Part 3

[ period within which documents must be produced ]

Part 4

[ date on which, and place where, documents were required to be produced under paragraph 62(5)(e) or 63(5)(e) of the Act ]