Public Works Committee Amendment Act 1981

Administered by Department of Finance

Legislation au C2004A02398 Not in force Act

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No. 20 of 1981

An Act to amend the Public Works Committee Act 1969

[Assented to 9 April 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Public Works Committee Amendment Act 1981.

(2) The Public Works Committee Act 19691 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the date on which it receives the Royal Assent.

Interpretation

3. Section 5 of the Principal Act is amended—

(a) by inserting after the definition of “assessor” the following definition :

“‘authority of the Commonwealth’ means—

(a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, an enactment;

(b) a body established by the Governor-General or a Minister otherwise than in accordance with an enactment; or

but does not include an inter-governmental body;”;

(b) by inserting after the definition of “court of summary jurisdiction” the following definitions:

“‘enactment’ means—

(a) an Act;

(b) an Ordinance of the Australian Capital Territory; or

‘inter-governmental body’ means a body corporate or an unincorporated body established by, or in accordance with the provisions of, an agreement between the Commonwealth and a State or States or between the Commonwealth and the Government of another country or the Governments of other countries;”; and

“‘public work’ means—

(a) a work—

(i) that is proposed to be carried out by or for the Commonwealth, either within or outside Australia; and

(ii) in respect of the carrying out of which moneys appropriated by the Parliament are proposed to be expended by the Commonwealth;

(b) a work—

(i) that is proposed to be carried out, either within or outside Australia, by or for an authority of the Commonwealth to which this Act applies by virtue of section 6a; and

(ii) in respect of the carrying out of which moneys appropriated by the Parliament, or moneys of the authority, are proposed to be expended by the authority; or

but does not include—

(d) a work that is proposed to be carried out by or on behalf of the National Capital Development Commission—

(i) for the Commonwealth; or

(ii) for an authority of the Commonwealth to which this Act applies (including that Commission),

unless the work is, under the regulations, a prescribed work for the purposes of this definition; or

(e) a work that is proposed to be carried out by or for the Commonwealth by way of assistance to an overseas country;

‘State’ includes the Northern Territory;”.

Extension to Territories

4. Section 6 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) This Act does not extend to—

(a) a work—

(i) that is proposed to be carried out by or for the Northern Territory; and

(ii) in respect of the carrying out of which moneys of that Territory are proposed to be expended by that Territory; or

(b) a work—

(i) that is proposed to be carried out by or for the Administration of Norfolk Island ; and

(ii) in respect of the carrying out of which moneys of that Administration are proposed to be expended by that Administration.”.

5. After section 6 of the Principal Act the following sections are inserted in Part I:

Bodies to which Act applies

“6a. (1) Subject to sub-section (2), this Act applies to every authority of the Commonwealth.

“(2) This Act does not apply to—

(a) an authority of the Commonwealth in respect of which a declaration referred to in sub-section (3) is in force;

(b) the Parliament House Construction Authority; or

(c) an authority of the Commonwealth established for the purpose of providing, or for purposes which include the purpose of providing, tertiary education in the Australian Capital Territory.

“(3) Where the Governor-General is satisfied that an authority of the Commonwealth is engaging in trading or other activities, or is providing services, in competition with another body or other bodies, or with persons, the Governor-General may make regulations declaring that this Act does not apply to that authority.

Regulations may declare works to be public works

“6b. (1) The regulations may declare a work that is proposed to be carried out by or on behalf of the National Capital Development Commission—

(a) for the Commonwealth; or

(b) for an authority of the Commonwealth to which this Act applies (including that Commission),

to be a prescribed work for the purposes of the definition of ‘public work’ in section 5.

“(2) Notwithstanding that an authority of the Commonwealth is not an authority of the Commonwealth to which this Act applies, the regulations may declare a work—

(a) that is proposed to be carried out by or for the authority; and

(b) in respect of the carrying out of which moneys appropriated by the Parliament, or moneys of the authority, are proposed to be expended by the authority,

to be a public work to which section 18 applies.”.

Meetings of the Committee

6. Section 12 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) The Committee may meet at such times and at such places within Australia or within an external Territory as the Committee, by resolution, determines or, subject to any resolution of the Committee, as the Chairman determines, but shall not meet at any place outside Australia and the external Territories.”.

Functions of the Committee

7. Section 17 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(4) In considering and reporting on a public work proposed to be carried out by an authority of the Commonwealth, the Committee shall

have regard to the functions, powers and duties of the authority and to the powers conferred on a Minister in relation to the activities of the authority concerned.”.

Reference of public works to the Committee

8. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (3) “a Minister” and substituting “the Minister for Housing and Construction”;

(b) by omitting from paragraph 8 (b) “or”;

“or; (d) the work is a work that has been declared, by a notice under sub-section (8a), to be a repetitive work for the purposes of this sub-section.”; and

(d) by inserting after sub-section (8) the following sub-section:

“(8a) The Minister for Housing and Construction may, by notice published in the Gazette, declare.a work to be a repetitive work for the purposes of sub-section (8) if—

(a) he is satisfied that the work is substantially similar to other works that have been carried out, are being carried out or are likely to be carried out from time to time by or for the Commonwealth, or by or for an authority of the Commonwealth to which this Act applies; and

(b) the Committee has agreed to the work being so declared.”.

9. After section 18 of the Principal Act the following sections are inserted:

Inquiries by Committee

“18a. (1) Subject to this section, where a public work is referred to the Committee for consideration and report, the Committee may direct that the inquiry by the Committee into the work shall take place in public or in private.

“(2) Where the Committee directs that an inquiry by the Committee into a public work take place in private, the Committee may give directions as to the persons who may be present at the inquiry.

“(3) Where a public work by way of the provision of services on land for the purpose of developing the land for use as urban land is referred to the Committee, the Committee may decide to consider and report on the work without holding any inquiry into the work.

Consideration of overseas public works

“18b. Where a public work that is to be carried out outside Australia and the external Territories is referred to the Committee—

(a) the Committee shall consider the work on the basis of plans, models and statements placed before it and of the evidence (if any) taken by it;

(b) the Committee is not entitled to require or request the attendance before it of any person who is outside Australia; and

(c) the Committee may receive statements, in writing, relevant to its consideration of the work, from any person who is in or outside Australia, and may take evidence from any person who is in Australia.”.

Review of reports

10. Section 19 of the Principal Act is amended by omitting from sub-section (2) “the Minister” and substituting “the Minister for Housing and Construction”.

Evidence to be given in public except in certain cases

11. Section 23 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) Subject to this section, where the Committee directs that the inquiry by the Committee into a public work shall take place in public, any evidence taken by the Committee for the purpose of the inquiry shall be taken in public”.

Power to enter on land, &c.

12. Section 27 of the Principal Act is amended by inserting “in Australia or an external Territory” after “place” (first occurring).

Application

13. (1) Sub-section 18 (8) of the Principal Act as amended by this Act does not apply to or in relation to a public work that is proposed to be carried out by or for an authority of the Commonwealth to which the Principal Act as amended by this Act applies and is commenced within the period of 12 months commencing on the date on which this Act receives the Royal Assent.

(2) For the purposes cf sub-section (1), where an authority of the Commonwealth referred to in that sub-section enters into a contract for the carrying out of the whole or a part of a work for the authority, the date of commencement of the work shall be deemed to be the date on which the contract is entered into.

NOTE

1. No. 92, 1969, as amended. For previous amendments, see No. 56, 1972; Nos. 140 and 216, 1973; No. 48, 1974; and No. 37, 1976.

Overview

The Public Works Committee Amendment Act 1981 (No. 20 of 1981) was enacted to amend the Public Works Committee Act 1969 and address the need to update the legislative framework governing the oversight of public works carried out by Commonwealth authorities. This Act was enacted by the Parliament of Australia and received Royal Assent on 9 April 1981. The primary objective of the Act is to refine and expand the scope of works subject to the Public Works Committee's review, ensuring that public funds are prudently spent on public works, while accommodating the evolving needs of Commonwealth authorities. This amendment introduced several key changes, including the expansion of definitions related to public works and authorities of the Commonwealth, the extension of the Act's application to more authorities, and adjustments to the Committee's functions and procedures. The Act ensures that the Committee can effectively oversee public works carried out by various Commonwealth authorities, including those providing tertiary education in the Australian Capital Territory, while exempting certain bodies and works from its purview. The amendments also clarified the Committee's authority to hold inquiries in public or private, and to consider works proposed to be carried out outside Australia and external Territories.

Scope and Application

The Public Works Committee Amendment Act 1981 amends the Public Works Committee Act 1969 and applies to all authorities of the Commonwealth, except those specified in section 6a(2) of the Act, which includes certain exceptions such as the Parliament House Construction Authority and authorities established for tertiary education in the Australian Capital Territory. The Act applies to public works proposed to be carried out by or for the Commonwealth or an authority of the Commonwealth, within or outside Australia, where appropriated parliamentary funds or the authority's funds are to be expended. The Act does not extend to works proposed to be carried out by or for the Northern Territory or the Administration of Norfolk Island where funds from those entities are to be expended. The Act may be extended through subordinate instruments to declare certain works as public works or repetitive works, and it may exempt specific authorities of the Commonwealth if they are engaged in competitive activities. Meetings of the Committee must occur within Australia or an external Territory, and inquiries into public works may be held in public or private, with certain conditions for overseas works. The Act also mandates consideration of an authority's functions and powers when reporting on public works.

Key Provisions

The Public Works Committee Amendment Act 1981 amends the Public Works Committee Act 1969. It introduces significant changes to the scope of works subject to the Act, the application of the Act to authorities of the Commonwealth, and the functions and procedures of the Public Works Committee. Section 3 amends the definitions in the Principal Act, expanding the definition of "authority of the Commonwealth" and "public work," while removing the definition of "public work." Section 4 clarifies that the Act does not extend to works proposed to be carried out by or for the Northern Territory or the Administration of Norfolk Island. Section 6a specifies that the Act applies to every authority of the Commonwealth, except where certain conditions are met, such as when the Governor-General declares that the authority is engaging in competitive activities. Section 6b allows the regulations to declare certain works to be public works for the purposes of the Act. Section 6 modifies the meeting locations of the Committee, stipulating that meetings must be held within Australia or an external territory, but not outside Australia and the external territories. Section 7 adds a new subsection to the Principal Act, requiring the Committee to consider the functions, powers, and duties of the authority and the powers conferred on a Minister when reporting on a public work proposed by an authority of the Commonwealth. Section 8 modifies the reference of public works to the Committee, replacing "a Minister" with "the Minister for Housing and Construction" and adding a new condition for repetitive works. Section 8a allows the Minister for Housing and Construction to declare a work to be a repetitive work if certain conditions are met. Section 18a provides the Committee with the discretion to decide whether an inquiry into a public work should be held in public or in private, and to control the attendance of persons at private inquiries. Section 18b outlines the procedure for the Committee to follow when considering a public work to be carried out outside Australia and the external territories. Section 19 amends the review process of the Committee's reports, replacing "the Minister" with "the Minister for Housing and Construction." Section 23 modifies the public nature of evidence taken by the Committee for the purpose of an inquiry into a public work. Section 27 extends the power of the Committee to enter on land to include Australia or an external territory. Finally, Section 13 specifies that certain provisions of the amended Act do not apply to public works commenced within 12 months of the Act receiving Royal Assent. The Act imposes several obligations on the parties or entities it governs. Authorities of the Commonwealth must ensure that public works they propose to carry out, either within or outside Australia, comply with the requirements of the Act. The Minister for Housing and Construction must refer certain public works to the Public Works Committee for consideration and report, including repetitive works that meet specific criteria. The Public Works Committee is required to consider and report on public works referred to it, taking into account the functions, powers, and duties of the authority proposing the work, as well as any relevant evidence and statements. The Committee may also conduct inquiries into public works in either public or private, depending on the circumstances. The Act provides for various offences, penalties, or civil/criminal consequences for breach. However, the specific penalties are not detailed within the text of the Act itself, and would need to be referred to in other legislation or regulations. The Act does not explicitly outline the penalties for non-compliance, but it is likely that breaches of the Act could result in civil or criminal liability, depending on the nature and severity of the breach. The Public Works Committee may also have the power to impose fines or other penalties for non-compliance with its decisions or recommendations.

Area of Law: Administrative Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Licensing & Registration; Compliance Obligations; Prohibited Conduct

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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.

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