Commonwealth Consolidated Acts

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 - SECT 35

Accreditation scheme

             (1)  The regulations may prescribe an accreditation scheme for persons who wish to carry out building work funded by the Commonwealth or a Commonwealth authority.

             (2)  The regulations must provide for the Federal Safety Commissioner to be the accrediting authority under the scheme.

             (3)  The regulations may prescribe fees for applications made under the regulations.

Commonwealth building work to be carried out by accredited persons

             (4)  The Commonwealth or a Commonwealth authority must not fund building work unless:

                     (a)  contracts for the building work entered into with builders will be entered into with builders who are accredited persons; and

                     (b)  at the time of the funding, the Commonwealth or Commonwealth authority, as the case may be, takes appropriate steps to ensure that builders will be accredited persons when they carry out the building work.

This subsection does not apply to building work prescribed by the regulations.

             (5)  For the purposes of this section, the Commonwealth or a Commonwealth authority funds building work if it:

                     (a)  pays for, or otherwise funds or finances, the building work (whether directly or indirectly); or

                     (b)  facilitates the carrying out of the building work by entering into, or otherwise funding or financing (whether directly or indirectly), a pre‑construction agreement that relates to the building work.

             (6)  If another Commonwealth provision is inconsistent with subsection (4), subsection (4) prevails to the extent of the inconsistency unless the other provision expressly refers to this section.

             (7)  Failure to comply with subsection (4) does not affect the validity of anything done by the Commonwealth or a Commonwealth authority in relation to building work.

             (8)  In this section:

"accredited person" means a person who is accredited under the accreditation scheme.

"builder" , in relation to building work, means a person who carries out any of the building work.

"Commonwealth authority" means a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997 .

"Commonwealth provision" means a provision of a law of the Commonwealth.

"pre-construction agreement" means an agreement to lease or transfer land, a building or a part of a building on the condition, or on conditions that include the condition, that building work will be carried out on the land, the building or the part of the building.