Commonwealth Numbered Regulations

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FAIR WORK (BUILDING INDUSTRY--ACCREDITATION SCHEME) REGULATION 2016 (F2016L00305) - REG 17

Post-accreditation audit

             (1)  For paragraph 15(1)(b), an accredited person must agree to audits ( post-accreditation audits ) being carried out under this section for the purpose of the Federal Safety Commissioner ascertaining whether the accredited person has complied, and is complying, with the conditions of the accreditation.

             (2)  If the accredited person is a constitutional corporation, a Federal Safety Officer is to carry out the audit exercising powers under section 63 of the Act in relation to any premises to which that section applies.

Note:          Section 63 of the Act gives an officer certain powers for the purpose of ascertaining whether a constitutional corporation that is an accredited person has complied, or is complying, with conditions of the accreditation.

             (3)  If the accredited person is not a constitutional corporation:

                     (a)  for the purposes of ascertaining whether the accredited person has complied, or is complying, with conditions of the accreditation in respect of building work in a Territory or Commonwealth place--a Federal Safety Officer is to carry out the audit exercising powers under section 63 of the Act in relation to any premises to which that section applies; or

                     (b)  otherwise--a Federal Safety Officer is to carry out the audit as if the officer were exercising the powers mentioned in section 63 of the Act in relation to any premises to which that section applies, if:

                              (i)  the accredited person exercises control over the premises; or

                             (ii)  the occupier agrees to the officer entering the premises for the purposes of carrying out the audit.

Note:          For paragraph (3)(a), section 63 of the Act gives an officer certain powers for the purpose of 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.



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