Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Fair Work (Building Industry--Accreditation Scheme) Regulations 2005
1 Regulation 3
Repeal the following definitions:
(a) definition of AS/NZS 4801:2001 ;
(b) definition of OHSAS 18001:2007 .
2 Regulation 3
Insert:
"WHSMS" means a workplace health and safety management system.
3 Regulation 3 (definition of Workplace Health and Safety Management System )
Repeal the definition.
4 Paragraph 6(2)(a)
Repeal the paragraph, substitute:
(a) the applicant's WHSMS;
5 Regulation 7
Omit "(other than an individual)".
6 Regulation 9
Before "The following", insert "(1)".
7 Paragraph 9(a)
Repeal the paragraph.
8 At the end of regulation 9
Add:
(2) The Federal Safety Commissioner may waive a requirement to provide evidence or an indication in relation to a matter under subregulation (1) if:
(a) the applicant is, or has been, an accredited person; and
(b) the Commissioner is satisfied that the applicant has previously provided sufficient information in relation to that matter.
9 Paragraph 12(1)(a)
Omit "3 years", substitute "6 years".
10 After paragraph 14(1)(b)
Insert:
(ba) the person agrees to take all reasonable steps to facilitate the post-accreditation audits and the audit process mentioned in regulation 16;
11 Regulation 19 (table item 1A)
Omit "3", substitute "6".
12 Subparagraphs 24(1)(c)(i) and (d)(i)
Omit "$3 000 000", substitute "$4 000 000".
13 Sub-subparagraph 24(1)(d)(ii)(A)
Omit "$5 000 000", substitute "$6 000 000".
14 Subparagraph 24(1)(e)(i)
Omit "$3 000 000", substitute "$4 000 000".
15 Subparagraph 24(1)(h)(ii)
Repeal the subparagraph, substitute:
(ii) the building work is to be carried out, in whole or in part, by a builder who is not an accredited person;
16 At the end of subregulation 24(1)
Add:
; (i) any work that is part of a project for:
(i) the construction, repair or restoration of a single-dwelling house; or
(ii) the construction, repair or restoration of any building, structure or work associated with a single-dwelling house; or
(iii) the alteration or extension of a single-dwelling house, if it remains a single-dwelling house after the alteration or extension.
17 At the end of the regulations
Add:
25 Application of the Fair Work (Building Industry--Accreditation Scheme) Amendment Regulation 2014
(1) Item 4 of Schedule 1 to the Fair Work (Building Industry--Accreditation Scheme) Amendment Regulation 2014 applies to a decision on an application made by the Federal Safety Commissioner on or after the commencement of that item, whether or not the application was made before the commencement of that item.
(2) Item 10 of Schedule 1 to the Fair Work (Building Industry--Accreditation Scheme) Amendment Regulation 2014 applies to an accredited person in relation to a period of accreditation that starts on or after the commencement of that item.
(3) Items 12 to 16 of Schedule 1 to the Fair Work (Building Industry--Accreditation Scheme) Amendment Regulation 2014 apply to building work carried out under a contract entered into on or after the commencement of item 12.