Public Governance, Performance and Accountability Legislation Amendment (Australian Building and Construction Commission) Rules 2017

Administered by Department of Finance

Legislation au F2017L00203 Rules Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

 

Public Governance, Performance and Accountability Act 2013

 

            Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

 

Public Governance, Performance and Accountability Legislation Amendment (Australian Building and Construction Commission) Rules 2017

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) sets out a framework for regulating resource management by the Commonwealth and relevant entities.  Section 101 of the PGPA Act provides that the Finance Minister may make rules by legislative instrument to prescribe matters giving effect to the Act.

 

Item 6 of Schedule 14 of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (CTP Act) provides that the Finance Minister may, by legislative instrument, make rules prescribing matters required or permitted by the CTP Act to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the CTP Act and the PGPA Act. 

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. 

 

The Public Governance, Performance and Accountability Legislation Amendment (Australian Building and Construction Commission) Rules 2017 (the Rules) amends the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014 (CTP Rule) and the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) to reflect changes made by the Building and Construction Industry (Improving Productivity) Act 2016, in particular to address the re‑naming of the Office of the Fair Work Building Industry Inspectorate as the Australian Building and Construction Commission (the ABCC).

 

The Rules prescribes the ABCC in Schedule 1 to the PGPA Rule as a listed entity, the Australian Building and Construction Commissioner (the Commissioner) as the accountable authority of the ABCC, the persons who are officials of the listed entity, the purposes of the ABCC and the functions of the Commissioner.

 

The Rules also repeals redundant sections of the CTP Rule relating to the former Office of the Fair Work Building Industry Inspectorate.

 

Details of the Rules are set out at Attachment A.  A statement of compatibility with human rights is at Attachment B. 

 

The Rules are legislative instruments for the purposes of the Legislative Instruments Act 2003.

 

The Rules commence the day after the Rules are registered.

 

Consultation

The Rules were developed in consultation with the Department of Employment. Advice was also provided by the Australian Government Solicitor. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Attachment A

 

Details of the Public Governance, Performance and Accountability Legislation Amendment  (Australian Building and Construction Commission) Rules 2017

 

Section 1—Name

 

This section provides that the title of the rule is the Public Governance, Performance and Accountability Legislation Amendment (Australian Building and Construction Commission) Rules 2017.

 

Section 2—Commencement

 

This section provides that the Rules commence on the day after the instrument is registered.

 

Section 3—Authority

 

This section states that the Rules are made under the Public Governance, Performance and Accountability Act 2013 and the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014.

 

Section 4—Schedules

 

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect as specified.

 

Schedule 1—Amendments

 

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014

 

Item 1—Section 7BE

 

This item repeals section 7BE – the Office of the Fair Work Building Industry Inspectorate to reflect the replacement of the Fair Work Building Industry Inspectorate by the Australian Building and Construction Commission by the Building and Construction Industry (Improving Productivity) Act 2016.

 

Item 2—Schedule 2

 

This item repeals Schedule 2 – Modifications of the Fair Work (Building Industry) Act 2012 to reflect the replacement of the Fair Work Building Industry Inspectorate by the Australian Building and Construction Commission by the Building and Construction Industry (Improving Productivity) Act 2016.

 


Public Governance, Performance and Accountability Rule 2014

 

Item 3— After clause 1 of Schedule 1

 

This item inserts clause 1A of Schedule 1 – Australian Building and Construction Commission to establish the Australian Building and Construction Commission as a listed entity, and set out the accountable authority and officials for the purposes of Public Governance, Performance and Accountability Act 2013 to reflect the establishment of the Australian Building and Construction Commission by the Building and Construction Industry (Improving Productivity) Act 2016. The clause also states that the purposes of the entity include the functions of the Australian Building and Construction Commissioner as set out in section 16 of the Building and Construction Industry (Improving Productivity) Act 2016.

 

Item 4—Clause 17A of Schedule 1

 

Repeals clause 17A of Schedule 1 – Office of the Fair Work Building Industry Inspectorate to reflect the replacement of the Fair Work Building Industry Inspectorate by the Australian Building and Construction Commission by way of the Building and Construction Industry (Improving Productivity) Act 2016.

 

 

 


 

Attachment B

 

Statement of Compatibility with Human Rights

 

Public Governance, Performance and Accountability Legislation Amendment (Australian Building and Construction Commission) Rules 2017

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

The Public Governance, Performance and Accountability Legislation Amendment (Australian Building and Construction Commission) Rules 2017 (the Rules) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

The Public Governance, Performance and Accountability Act 2013 consolidated into a single piece of legislation the governance, performance and accountability requirements of the Commonwealth, setting out a framework for regulating resource management by the Commonwealth and relevant entities.

 

Item 6 of Schedule 14 of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (CTP Act) provides that the Finance Minister may, by legislative instrument, make rules prescribing matters required or permitted by the CTP Act to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the CTP Act and the PGPA Act.

 

The Rules are being made to support the commencement of the Building and Construction Industry (Improving Productivity) Act 2016. The Rules repeal transitional provisions no longer required following the passage of that Act.

Human rights implications

The legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Public Governance, Performance and Accountability Legislation Amendment (Australian Building and Construction Commission) Rules 2017, made under the Public Governance, Performance and Accountability Act 2013 and the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, were introduced to amend the existing legislative framework to reflect the changes made by the Building and Construction Industry (Improving Productivity) Act 2016. This includes the renaming of the Office of the Fair Work Building Industry Inspectorate as the Australian Building and Construction Commission (ABCC). The Rules establish the ABCC as a listed entity within the framework, define the Australian Building and Construction Commissioner as the accountable authority, and specify the purposes and functions of the ABCC. Furthermore, the Rules repeal obsolete sections related to the former Office of the Fair Work Building Industry Inspectorate to ensure alignment with the new legislative landscape. These amendments are designed to streamline the regulatory environment and improve productivity in the building and construction industry.

Scope and Application

The Public Governance, Performance and Accountability Legislation Amendment (Australian Building and Construction Commission) Rules 2017 amends the existing legislative framework to incorporate changes resulting from the Building and Construction Industry (Improving Productivity) Act 2016, which renamed the Office of the Fair Work Building Industry Inspectorate as the Australian Building and Construction Commission (ABCC). These Rules, made under the authority of the Public Governance, Performance and Accountability Act 2013 and the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, provide the necessary adjustments to reflect the re-naming and restructuring of the ABCC, ensuring that the legislative requirements align with the new entity's functions and responsibilities. The Rules establish the ABCC as a listed entity, define the Australian Building and Construction Commissioner as the accountable authority, outline the purposes and functions of the ABCC, and specify the officials of the listed entity. Additionally, the Rules repeal outdated sections of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014 that pertained to the former Office of the Fair Work Building Industry Inspectorate. The scope of these Rules is limited to the legislative adjustments required to implement the changes brought about by the Building and Construction Industry (Improving Productivity) Act 2016 within the existing framework.

Key Provisions

The Public Governance, Performance and Accountability Legislation Amendment (Australian Building and Construction Commission) Rules 2017 (the Rules) serve to amend existing rules to reflect changes introduced by the Building and Construction Industry (Improving Productivity) Act 2016. Section 2 of the Rules specifies that they commence on the day after the instrument is registered. The authority for making these Rules is established in Section 3, which states that they are made under the Public Governance, Performance and Accountability Act 2013 and the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014. The Rules include amendments to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014 and the Public Governance, Performance and Accountability Rule 2014, primarily addressing the re-naming of the Office of the Fair Work Building Industry Inspectorate to the Australian Building and Construction Commission (ABCC). The Rules impose several obligations on parties and entities they govern. They establish the ABCC as a listed entity under Schedule 1 to the PGPA Rule and designate the Australian Building and Construction Commissioner as the accountable authority for the ABCC. Additionally, the Rules identify the officials of the listed entity and outline the purposes of the ABCC, including the functions of the Commissioner as stipulated in section 16 of the Building and Construction Industry (Improving Productivity) Act 2016. Moreover, the Rules also mandate the repeal of redundant sections of the CTP Rule that pertain to the former Office of the Fair Work Building Industry Inspectorate to ensure the rules remain current and relevant. The Rules do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, given that these Rules are legislative instruments made under the authority of the Public Governance, Performance and Accountability Act 2013, any failure to comply with the requirements set out in these Rules could potentially lead to enforcement actions under the PGPA Act, which may include administrative sanctions or other legal consequences as deemed appropriate by the relevant authorities.

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Area of Law
Administrative Law
Public Governance
Instrument
Rules
Concepts
Definitions & Interpretation
Repeal & Amendment
Commencement Provisions
Delegated & Subordinate Legislation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.