BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 NO. 113, 2005
Table of Provisions
CHAPTER 1--Preliminary
- 1 Short title
- 2 Commencement
- 3 Main object of Act
- 4 Definitions
- 5 Definition of building work
- 6 Definition of office
- 7 Extension to Christmas Island
- 8 Act to bind Crown
CHAPTER 2--Australian Building and Construction Commissioner
PART 1--AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER
- 9 ABC Commissioner and Deputy ABC Commissioners
- 10 Functions of ABC Commissioner
- 11 Minister's directions to ABC Commissioner
- 12 Minister may require reports
- 13 Delegation by ABC Commissioner
- 14 Annual report
PART 2--ADMINISTRATIVE PROVISIONS
- 15 Appointment
- 16 Acting ABC Commissioner
- 17 Remuneration
- 18 Application of the Judges' Pensions Act to a former Judge of the Federal Court who becomes the ABC Commissioner
- 19 Application of the Judges' Pensions Act to a former member of the AIRC who becomes the ABC Commissioner
- 20 Leave
- 21 Engaging in other paid employment etc.
- 22 Disclosure of interests
- 23 Resignation
- 24 Termination of appointment
- 25 Staff and consultants
- 26 Office of the Australian Building and Construction Commissioner
CHAPTER 3--The Building Code
- 27 Minister to issue Building Code
- 28 Building industry participants to report on compliance with Code
CHAPTER 4--Occupational health and safety
PART 1--FEDERAL SAFETY COMMISSIONER
- 29 Federal Safety Commissioner
- 30 Functions of Federal Safety Commissioner
- 31 Minister's directions to Federal Safety Commissioner
- 32 Delegation by Federal Safety Commissioner
- 33 Acting Federal Safety Commissioner
- 34 Consultants
PART 2--ACCREDITATION SCHEME FOR COMMONWEALTH BUILDING CONTRACTS
CHAPTER 5--Industrial action etc.
PART 1--PRELIMINARY
- 36 Definitions
PART 2--UNLAWFUL INDUSTRIAL ACTION
- 37 Definition of unlawful industrial action
- 38 Unlawful industrial action prohibited
- 39 Injunction against unlawful industrial action
PART 3--PROTECTED ACTION
PART 4--MISCELLANEOUS
- 42 Payments in relation to periods of building industrial action
CHAPTER 6--Discrimination, coercion and unfair contracts
- 43 Coercion in relation to engagement etc. of building employees and building contractors
- 44 Coercion of persons to make, vary, terminate etc. certified agreements etc.
- 45 Discrimination against employer in relation to industrial instruments
- 46 Coercion in relation to superannuation
- 47 Unfair contracts with building contractors
CHAPTER 7--Enforcement
PART 1--CONTRAVENTION OF CIVIL PENALTY PROVISIONS
- 48 Definitions
- 49 Penalties etc. for contravention of civil penalty provision
- 50 Multiple proceedings for same conduct
- 51 Evidence given in proceedings for penalty not admissible in criminal proceedings
PART 2--COMPLIANCE ETC. POWERS
Division 1--ABC Commissioner's powers to obtain information etc.
- 52 ABC Commissioner's powers to obtain information etc.
- 53 Certain excuses not available in relation to section 52 requirements
- 54 Protection from liability
- 55 Retention and copying etc. of documents
- 56 ABC Commissioner may make and keep copies of documents
Division 2--Powers of ABC Inspectors
- 57 Australian Building and Construction Inspectors
- 58 Identity cards for ABC Inspectors
- 59 Power to enter premises etc.
Division 3--Powers of Federal Safety Officers
- 60 Federal Safety Officers
- 61 Identity cards for Federal Safety Officers
- 62 Powers to enter premises etc. to ascertain compliance with Building Code
- 63 Powers to enter premises etc. to ascertain compliance with accreditation scheme
CHAPTER 8--Miscellaneous
- 64 Project agreements not enforceable
- 65 Protection of confidentiality of information
- 66 Reports not to include information relating to an individual's affairs
- 67 ABC Commissioner to publicise non-compliance
- 68 Delegation by Minister
- 69 Building association responsible for conduct of members etc.
- 70 Capacity, state of mind etc. of person being coerced etc.
- 71 ABC Commissioner intervention in court proceedings
- 72 ABC Commissioner intervention in AIRC proceedings
- 73 ABC Commissioner or ABC Inspector may institute proceedings under the Workplace Relations Act
- 74 Industrial Registrar must keep ABC Commissioner informed
- 75 Jurisdiction of courts
- 76 Court not to require undertaking as to damages
- 77 ABC Commissioner etc. not liable for conduct in good faith
- 78 Regulations