Explanatory Statement
Ministerial directions to the ABC Commissioner under section 11 of the Building and Construction Industry Improvement Act 2005.
The directions are given under section 11 of the Building and Construction Industry Improvement Act 2005. Section 11 allows the Minister to give written directions to the ABC Commissioner specifying the manner in which the ABC Commissioner must exercise or perform the powers or functions of the ABC Commissioner under the Act.
The directions require the ABC Commissioner to adopt certain procedures in relation to any examinations conducted under section 52 of the Act. These procedures relate to the conduct of an examination, for example directing the ABC Commissioner to adopt a particular approach in relation to legal representation and handling of objections, as well as to the procedure the ABC Commissioner must follow before a notice for examination can be issued. The directions require the ABC Commissioner to consult with a nominated individual before issuing a notice under section 52.
The directions will take effect from 3 August 2009 and are disallowable in accordance with section 11 of the Act.