BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 NO. 113, 2005

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 NO. 113, 2005

TABLE OF PROVISIONS

           Long Title

            

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

   35.     Accreditation scheme  
            

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

   40.     Action involving extraneous participants  
   41.     Action before nominal expiry date  

   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