Construction Industry Reform and Development Regulations (Cth)

Construction Industry Reform and Development Regulations

Statutory Rules 1992 No. 356 as amended

made under the

Construction Industry Reform and Development Act 1992

This compilation was prepared on 13 August 2004

taking into account amendments up to SR 1994 No. 336

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

    1Citation [see Note 1]

 These Regulations may be cited as the Construction Industry Reform and Development Regulations.

2Interpretation

 In these Regulations:

the Act means the Construction Industry Reform and Development Act 1992.

3Membership of the Council – members to represent the Commonwealth

 For the purposes of paragraph 6 (1) (c) of the Act, the prescribed number of members is 8.

4Membership of the Council – members to represent the States and Territories

• (1)

  For the purposes of paragraph 6 (1) (d) of the Act, the prescribed number of members is 5.

• (2)

  The Minister must select the persons to be appointed under that paragraph:

  • (a)

    in consultation with the governments of the States and Territories; and

  • (b)

    on the basis of their qualifications and experience in the construction industry.

5Membership of the Council – members to represent industry bodies

• (1)

  For the purposes of paragraph 6 (1) (e) of the Act:

  • (a)

    the prescribed number of members is 10; and

  • (b)

    the industry bodies set out in Schedule 1 are prescribed.

• (2)

  The Minister must select the persons to be appointed under that paragraph:

  • (a)

    in consultation with the industry bodies set out in Schedule 1; and

  • (b)

    on the basis of their qualifications and experience in the construction industry.

6Membership of the Council – member to represent the Australian Council of Trade Unions

• (1)

  For the purposes of paragraph 6 (1) (f) of the Act, the prescribed number of members is 1.

• (2)

  The Minister must select the person to be appointed under that paragraph:

  • (a)

    in consultation with the Australian Council of Trade Unions; and

  • (b)

    on the basis of the person’s qualifications and experience in the construction industry.

7Membership of the Council – members to represent construction industry trade unions

• (1)

  For the purposes of paragraph 6 (1) (g) of the Act:

  • (a)

    the prescribed number of members is 7; and

  • (b)

    the trade unions set out in Schedule 2 are prescribed.

• (2)

  The Minister must select the persons to be appointed under that paragraph:

  • (a)

    in consultation with the trade unions set out in Schedule 2; and

  • (b)

    on the basis of their qualifications and experience in the construction industry.

8Meetings of the Council – quorum

 For the purposes of subsection 6 (2) of the Act, the prescribed number of members is 18.

9Entitlement of certain Board members to allowances

For the purposes of section 31 of the Act, the prescribed allowances of a Board member (other than the Chief Executive Officer or a member mentioned in paragraph 20 (b) of the Act) for each day on which that member is engaged with the authority of the Board on Board business, if the member is required to be absent overnight from his or her usual place of residence, are:

• (a)

  in the case of business in Sydney — $230; and

• (b)

  in the case of business in the capital of a State or Territory other than Sydney — $190; and

• (c)

  in any other case — $145.

11Reports by Agency

• (1)

  The report to be prepared by the Agency under subsection 55 (1) of the Act must include a description of progress toward implementation of the Construction Industry In-principle Reform and Development Agreement.

• (2)

  For the purposes of subsection 55 (1) of the Act, the prescribed periods are:

  • (a)

    the period of 6 months commencing on 1 January in a year; and

  • (b)

    the period of 6 months commencing on 1 July in a year.

• (3)

  For the purposes of paragraph (2) (a), the period from the commencement of these Regulations to 1 January 1993 is taken to be included in the period beginning on that day.

Schedule 1Industry bodies prescribed under paragraph 6 (1) (e) of the Act

(regulation 5)

  

1.	The Association of Consulting Architects, Australia
2.	The Association of Consulting Engineers, Australia
3.	Australian Chamber of Commerce and Industry
4.	Australian Earthmovers and Road Contractors’ Federation
6.	The Australian Institute of Building
7.	Australian Institute of Project Management
8.	Australian Plumbing and Mechanical Contractors Association
9.	The Australian Institute of Quantity Surveyors
10.	Austroads Incorporated
11.	Building Owners and Managers Association of Australia Limited
12.	Construction Industry Engineering Services Group
13.	Heavy Engineering Manufacturers’ Association
14.	Master Builders Australia
15.	Metal Trades Industry Association
16.	The National Building and Construction Council
17.	National Electrical Contractors Association
18.	National Public Works Council
19.	The Royal Australian Institute of Architects

Schedule 2Trade unions prescribed under paragraph 6 (1) (g) of the Act

(regulation 7)

  

3.	Automotive, Food, Metals and Engineering Union
4.	Construction, Forestry, Mining and Energy Union
5.	Electrical Electronic Plumbing and Allied Workers’ Union of Australia
6.	The AWU-FIME Amalgamated Union

Notes to the Construction Industry Reform and Development Regulations

Note 1

The Construction Industry Reform and Development Regulations (in force under the Construction Industry Reform and Development Act 1992) as shown in this compilation comprise Statutory Rules 1992 No. 356 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1992 No. 356	9 Nov 1992	9 Nov 1992
1993 No. 230	26 Aug 1993	26 Aug 1993	—
1994 No. 336	11 Oct 1994	11 Oct 1994	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 10.......................................	rep. 1993 No. 230
Schedule 1
Schedule 1.............................	rs. 1993 No. 230
am. 1994 No. 336
Schedule 2
Schedule 2.............................	rs. 1993 No. 230
am. 1994 No. 336