Building and Construction Industry (Consequential and Transitional Provisions) Act 2016
No. 88, 2016
Compilation No. 1
Compilation date: 23 August 2017
Includes amendments up to: Act No. 92, 2017
Registered: 31 August 2017
About this compilation
This compilation
This is a compilation of the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 that shows the text of the law as amended and in force on 23 August 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Repeal and amendments
Part 1—Repeal of the Fair Work (Building Industry) Act 2012
Fair Work (Building Industry) Act 2012
Part 2—Consequential amendments
Fair Work (Registered Organisations) Act 2009
Jurisdiction of Courts (Cross‑Vesting) Act 1987
Part 3—Amendments relating to privacy
Building and Construction Industry (Improving Productivity) Act 2016
Schedule 2—Transitional provisions
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to deal with consequential and transitional matters arising from the enactment of the Building and Construction Industry (Improving Productivity) Act 2016, and for related purposes
1 Short title
This Act may be cited as the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this… |
Overview
The Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 was enacted to address the consequential and transitional matters arising from the enactment of the Building and Construction Industry (Improving Productivity) Act 2016. This Act was passed by the Parliament of Australia and aims to ensure a smooth transition from the previous regulatory framework to the new regime. It provides for the repeal of the Fair Work (Building Industry) Act 2012 and makes consequential amendments to other related Acts, including the Fair Work (Registered Organisations) Act 2009 and the Jurisdiction of Courts (Cross-Vesting) Act 1987. Additionally, the Act includes provisions to ensure the continuity of certain appointments, staff, and regulatory frameworks during the transition period.
Scope and Application
The Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 addresses the legal implications arising from the enactment of the Building and Construction Industry (Improving Productivity) Act 2016. This Act applies to the repeal of the Fair Work (Building Industry) Act 2012, the consequential amendments to the Fair Work (Registered Organisations) Act 2009 and the Jurisdiction of Courts (Cross-Vesting) Act 1987, and the amendments relating to privacy within the Building and Construction Industry (Improving Productivity) Act 2016. The Act applies to individuals and entities within the building and construction industry, impacting their conduct, transactions, and the continuation of existing agreements and appointments post-transition. Geographically, the Act operates within the Commonwealth jurisdiction, affecting entities and persons operating under federal laws. The Act does not explicitly state exclusions but provides specific transitional provisions that maintain the continuity of existing arrangements and obligations until the new legislation fully takes effect. Subordinate instruments may extend or restrict the application of the Act, as outlined in the schedules detailing repeals, amendments, and transitional measures.
Key Provisions
- The Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 (C2016A00088) outlines the necessary legislative changes and transitional provisions resulting from the enactment of the Building and Construction Industry (Improving Productivity) Act 2016. The Act provides a comprehensive framework to manage the repeal and amendment of existing laws, and to ensure continuity and effectiveness of operations within the industry. Key sections of the Act include the repeal of the Fair Work (Building Industry) Act 2012 and consequential amendments to other related Acts such as the Fair Work (Registered Organisations) Act 2009 and the Jurisdiction of Courts (Cross-Vesting) Act 1987. Additionally, it includes amendments relating to privacy provisions in the new Building and Construction Industry (Improving Productivity) Act 2016.
- The Act imposes specific obligations on various parties and entities within the building and construction industry. For example, it mandates that the new Building and Construction Industry (Improving Productivity) Act 2016 applies to any building work performed, actions taken, or omissions that occur after the transition time. It also ensures the continuity of certain appointments and engagements, such as those of the Australian Building and Construction Commissioner (ABC Commissioner), staff of the old Office of the Fair Work Building Industry Inspectorate, and consultants to the Director or the Federal Safety Commissioner. Furthermore, it preserves the designations, regulations, and accreditation schemes related to the Federal Safety Commissioner, ensuring a seamless transition from the old framework to the new one.
- Breaches of the provisions of this Act may result in both civil and criminal consequences. For instance, non-compliance with the transitional provisions or failure to adhere to the new regulatory requirements could lead to penalties as outlined under the Building and Construction Industry (Improving Productivity) Act 2016. While specific maximum penalties are not detailed within this Act, they are defined in the primary Act it supports. These penalties serve to enforce adherence to the new legislative framework and to maintain the integrity and productivity of the building and construction industry.
- Area of Law
- Corporate Law & Governance
- Commercial Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Transitional Provisions
- Regulatory Standards
