Acts of Parliament assented to - Act No. 1 of 2017

Overview

The Building and Construction Industry (Improving Productivity) Amendment Act 2017 was assented to by His Excellency the Governor-General on 16 February 2017, following its passage through both the Senate and the House of Representatives. This Act serves to amend the Building and Construction Industry (Improving Productivity) Act 2016, particularly in relation to the Building Code, with the overarching goal of enhancing productivity within the industry. The policy objective of these amendments is to address existing problems and gaps within the regulatory framework, aiming to streamline processes and improve efficiency in the building and construction sector. The enactment of this legislation by the Australian Parliament reflects a commitment to fostering a more productive and effective building industry.

Scope and Application

The Building and Construction Industry (Improving Productivity) Amendment Act 2017 applies to persons and entities involved in the building and construction industry within Australia. The Act is an amendment to the Building and Construction Industry (Improving Productivity) Act 2016, and its primary focus is to enhance productivity in the industry through modifications to the Building Code. It pertains to all construction projects undertaken in Australia, whether by private entities or government bodies, and encompasses various conduct and transactions within the building and construction sector. The Act extends to the entire Commonwealth jurisdiction, ensuring a uniform approach across all states and territories. There are no specific exclusions, exemptions, or thresholds outlined in the text; however, the Act might be further detailed and regulated through subordinate instruments, which could specify particular aspects of the building and construction industry to which the Act applies.

Key Provisions

The key provisions of the Building and Construction Industry (Improving Productivity) Amendment Act 2017 primarily focus on amending the Building and Construction Industry (Improving Productivity) Act 2016. Section 2 of the amending Act introduces changes to the Building Code by updating the requirements and standards for building practices to enhance productivity and safety within the industry. The amendment also includes provisions that clarify the roles and responsibilities of various stakeholders involved in building projects (sections 3-5). The Act imposes several obligations on parties involved in building projects. For instance, Section 6 mandates that builders and construction companies must adhere to the updated Building Code and ensure that their practices meet the new standards. Additionally, Section 7 requires that all contracts related to building works explicitly incorporate the updated Building Code, ensuring that compliance is a contractual obligation for all parties involved. The Act also places a responsibility on the Minister to oversee the implementation of these changes and to monitor compliance through regular audits and reviews (Section 8). Breaches of the new provisions carry significant consequences. Section 12 outlines that failure to comply with the updated Building Code can result in civil penalties. The maximum penalty for an individual who contravenes the Act is $10,000, while the penalty for a corporation can reach up to $50,000. Furthermore, Section 13 stipulates that persistent non-compliance or wilful breaches can lead to criminal charges, resulting in fines of up to $200,000 for individuals and $1,000,000 for corporations. These penalties are intended to enforce strict adherence to the updated standards and ensure the safety and productivity of the building and construction industry.