Building and Construction Industry Improvement Amendment Regulations 2005 (No. 1) (Cth)

Building and Construction Industry Improvement Amendment Regulations 2005 (No. 1)¹

Select Legislative Instrument 2005 No. 306

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Building and Construction Industry Improvement Act 2005.

Dated 15 December 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

KEVIN ANDREWS

Minister for Employment and Workplace Relations

Name of Regulations

These Regulations are the Building and Construction Industry Improvement Amendment Regulations 2005 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Building and Construction Industry Improvement Regulations 2005

Schedule 1 amends the Building and Construction Industry Improvement Regulations 2005.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 4.2

omit

[2] After regulation 7.8

insert

7.9Notice requiring information

For paragraph 52 (1) (c) of the Act, a notice requiring a person to give information to the ABC Commissioner, or to an assistant, must be in accordance with Schedule 7.6.

7.10Notice to attend and answer questions

For paragraph 52 (1) (e) of the Act, a notice requiring a person to attend and answer questions before the ABC Commissioner, or an assistant, must be in accordance with Schedule 7.7.

[3] Subregulation 8.1 (1)

omit

A building industry participant must

insert

A building industry participant must, as soon as practicable,

[4] Subregulation 8.1 (3)

omit

A building industry participant must

insert

A building industry participant must, as soon as practicable,

[5] After regulation 8.1

insert

8.2Definition of eligible condition

For the purposes of paragraph (c) of the definition of eligible condition in section 4 of the Act, a prescribed matter is compliance with the following, as in force from time to time:

(a)the National Code of Practice for the Construction Industry 1997;

(b)any guidelines issued by the Commonwealth under that National Code.

[6] Schedule 7.1

substitute

Schedule 7.1 Notice requiring production of documents

(regulation 7.2)

COMMONWEALTH OF AUSTRALIA

Building and Construction Industry Improvement Act 2005

NOTICE REQUIRING PRODUCTION OF DOCUMENTS

I, [name], [position], acting under paragraph 52 (1) (d) of the Building and Construction Industry Improvement Act 2005, and regulation 7.2 of the Building and Construction Industry Improvement Regulations 2005, require you to produce the documents specified in Part 1 of the Schedule to this notice.

The documents are relevant to an investigation by the ABC Commissioner into a contravention, by a building industry participant, of a designated building law.

Note 1 The information relating to the investigation is specified in Parts 2 to 5 of the Schedule to this notice.

Note 2 Investigation is defined in subsection 52 (8) of the Building and Construction Industry Improvement Act 2005.

The documents are to be provided to the ABC Commissioner, or an assistant, by [time and date] in the manner specified in Part 6 of the Schedule to this notice.

WARNING — Under subsection 52 (6) of the Building and Construction Industry Improvement Act 2005 you will commit an offence if you have been given this notice and fail to produce the required documents by the time, and in the manner, specified in the notice.

PENALTY: Imprisonment for 6 months

Dated 20 .

………………………….

signature

NOTICE GIVEN TO [name]

SCHEDULE

Part 1

[documents]

Part 2

[address (if any) to which the contravention relates]

Part 3

[building industry participant or kind of building industry participant]

Part 4

[contravention and designated building law]

Part 5

[period during which the contravention took place]

Part 6

[manner in which documents must be produced]

[7] After Schedule 7.5

insert

Schedule 7.6 Notice requiring information

(regulation 7.9)

COMMONWEALTH OF AUSTRALIA

Building and Construction Industry Improvement Act 2005

NOTICE REQUIRING INFORMATION

I, [name], [position], acting under paragraph 52 (1) (c) of the Building and Construction Industry Improvement Act 2005, and regulation 7.9 of the Building and Construction Industry Improvement Regulations 2005, require you to give the information specified in Part 1 of the Schedule to this notice.

The information is relevant to an investigation by the ABC Commissioner into a contravention, by a building industry participant, of a designated building law.

Note 1 The information relating to the investigation is specified in Parts 2 to 5 of the Schedule to this notice.

Note 2 Investigation is defined in subsection 52 (8) of the Building and Construction Industry Improvement Act 2005.

This information is to be provided to the ABC Commissioner, or an assistant, by [time and date] in the manner and form specified in Part 6 of the Schedule to this notice.

WARNING — Under subsection 52 (6) of the Building and Construction Industry Improvement Act 2005 you will commit an offence if you have been given this notice and fail to give the required information by the time, and in the manner and form, specified in the notice.

PENALTY: Imprisonment for 6 months

Dated 20 .

………………………….

signature

NOTICE GIVEN TO [name]

SCHEDULE

Part 1

[information]

Part 2

[address (if any) to which the contravention relates]

Part 3

[building industry participant or kind of building industry participant]

Part 4

[contravention and designated building law]

Part 5

[period during which the contravention took place]

Part 6

[manner and form in which information must be given]

Schedule 7.7 Notice to attend and answer questions

(regulation 7.10)

COMMONWEALTH OF AUSTRALIA

Building and Construction Industry Improvement Act 2005

NOTICE TO ATTEND AND ANSWER QUESTIONS

I, [name], [position], acting under paragraph 52 (1) (e) of the Building and Construction Industry Improvement Act 2005, and regulation 7.10 of the Building and Construction Industry Improvement Regulations 2005, require you to attend at:

[time] on [date] at [place]

to answer questions that are relevant to an investigation by the ABC Commissioner into a contravention, by a building industry participant, of a designated building law.

Note 1 The information relating to the investigation is specified in Parts 1 to 4 of the Schedule to this notice.

Note 2 Investigation is defined in subsection 52 (8) of the Building and Construction Industry Improvement Act 2005.

WARNING — Under subsection 52 (6) of the Building and Construction Industry Improvement Act 2005 you will commit an offence if you have been given this notice and fail:

· to attend to answer questions at the time and place specified in this notice; or

· to take an oath or make an affirmation, when required to do so under subsection 52 (4) of the Building and Construction Industry Improvement Act 2005; or

· to answer questions relevant to the investigation while attending as required by this notice.

PENALTY: Imprisonment for 6 months

Dated 20 .

………………………….

signature

NOTICE GIVEN TO [name]

SCHEDULE

Part 1

[address (if any) to which the contravention relates]

Part 2

[building industry participant or kind of building industry participant ]

Part 3

[contravention and designated building law]

Part 4

[period during which the contravention took place]

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See