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This is a Bill, not an Act. For current law, see the Acts databases.
2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Building and Construction Industry
(Consequential and Transitional
Provisions) Bill 2013
No. , 2013
(Employment)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the Building and Construction Industry (Improving
Productivity) Act 2013, and for related purposes
No. , 2013
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Repeal and amendments
3
Part 1--Repeal of the Fair Work (Building Industry) Act 2012
3
Fair Work (Building Industry) Act 2012
3
Part 2--Consequential amendments
4
Administrative Decisions (Judicial Review) Act 1977
4
Fair Work (Registered Organisations) Act 2009
4
Jurisdiction of Courts (Cross-Vesting) Act 1987
5
Part 3--Amendments relating to privacy
6
Building and Construction Industry (Improving Productivity) Act
2013
6
Schedule 2--Transitional provisions
7
No. , 2013
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the Building and Construction Industry (Improving
3
Productivity) Act 2013, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Building and Construction Industry
7
(Consequential and Transitional Provisions) Act 2013.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
No. , 2013
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Parts 1 and 2
At the same time as section 3 of the Building
and Construction Industry (Improving
Productivity) Act 2013 commences.
3. Schedule 1,
Part 3
The later of:
(a) immediately after the commencement of
subsection 106(7) of the Building and
Construction Industry (Improving
Productivity) Act 2013; and
(b) the beginning of 12 March 2014.
4. Schedule 2
At the same time as section 3 of the Building
and Construction Industry (Improving
Productivity) Act 2013 commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Repeal and amendments Schedule 1
Repeal of the Fair Work (Building Industry) Act 2012 Part 1
No. , 2013
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
3
Schedule 1
--
Repeal and amendments
1
Part 1
--
Repeal of the Fair Work (Building Industry)
2
Act 2012
3
Fair Work (Building Industry) Act 2012
4
1 The whole of the Act
5
Repeal the Act.
6
Schedule 1 Repeal and amendments
Part 2 Consequential amendments
4
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
No. , 2013
Part 2
--
Consequential amendments
1
Administrative Decisions (Judicial Review) Act 1977
2
2 Paragraph (a) of Schedule 1
3
Omit "or the Fair Work (Building Industry) Act 2012", substitute ", the
4
Fair Work (Building Industry) Act 2012 or the Building and
5
Construction Industry (Improving Productivity) Act 2013".
6
Fair Work (Registered Organisations) Act 2009
7
3 Subparagraphs 337A(b)(iii) and (iv)
8
Repeal the subparagraphs, substitute:
9
(iii) the Australian Building and Construction Commissioner
10
referred to in subsection 15(1) of the Building and
11
Construction Industry (Improving Productivity) Act
12
2013;
13
(iiia) a Deputy Australian Building and Construction
14
Commissioner referred to in subsection 15(2) of the
15
Building and Construction Industry (Improving
16
Productivity) Act 2013;
17
(iv) an Australian Building and Construction Inspector
18
referred to in subsection 66(1) of the Building and
19
Construction Industry (Improving Productivity) Act
20
2013;
21
4 Saving provision
22
Despite the repeal of subparagraphs 337A(b)(iii) and (iv) of the Fair
23
Work (Registered Organisations) Act 2009 by this Act, those
24
subparagraphs continue to apply after this item commences in relation
25
to disclosures to the Director or a Fair Work Building Industry
26
Inspector before this item commences.
27
Repeal and amendments Schedule 1
Consequential amendments Part 2
No. , 2013
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
5
Jurisdiction of Courts (Cross-Vesting) Act 1987
1
5 Paragraph 4(4)(aba)
2
Repeal the paragraph, substitute:
3
(aba) the Building and Construction Industry (Improving
4
Productivity) Act 2013; or
5
Schedule 1 Repeal and amendments
Part 3 Amendments relating to privacy
6
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
No. , 2013
Part 3
--
Amendments relating to privacy
1
Building and Construction Industry (Improving Productivity)
2
Act 2013
3
6 Subsection 106(7)
4
Omit "law for the purposes of paragraph (1)(d) of Information Privacy
5
Principle 11 in section 14 of the Privacy Act 1988", substitute "this Act
6
for the purposes of paragraph 6.2(b) of Australian Privacy Principle 6".
7
Transitional provisions Schedule 2
No. , 2013
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
7
Schedule 2
--
Transitional provisions
1
2
1 Definitions
3
In this Schedule:
4
Commission means the Australian Building and Construction
5
Commission (previously named the Office of the Fair Work Building
6
Industry Inspectorate) as continued in existence after the transition time.
7
Note:
Section 29 of the new Act provides for the Office of the Fair Work Building Industry
8
Inspectorate to continue in existence under the name of the Australian Building and
9
Construction Commission.
10
Commission transition means the transition from the old Office to the
11
Commission.
12
new Act means the Building and Construction Industry (Improving
13
Productivity) Act 2013.
14
old Act means the Fair Work (Building Industry) Act 2012.
15
old Office means the Office of the Fair Work Building Industry
16
Inspectorate as established and in existence immediately before the
17
transition time.
18
transition time means the commencement of section 3 of the new Act.
19
2 Application of Act
20
(1)
The new Act applies (subject to this item and this Schedule) in relation
21
to any building work that is performed, any action taken, or any
22
omission that occurs, after the transition time.
23
Unenforceable project agreements
24
(2)
Section 59 of the new Act (project agreements not enforceable) applies
25
in relation to agreements entered into after the transition time.
26
Powers to obtain information
27
(3)
Chapter 7 of the new Act (powers to obtain information), and any other
28
provision of that Act to the extent that the provision relates to that
29
Chapter, apply in relation to any contravention or alleged contravention
30
of the Building and Construction Industry Improvement Act 2005 (the
31
BCII Act) or the old Act that occurs before the transition time.
32
Schedule 2 Transitional provisions
8
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
No. , 2013
(4)
The table translates terms in Chapter 7 of the new Act (and in any other
1
provision of the new Act to the extent that the provision relates to that
2
Chapter) for the purposes of this item.
3
4
Translations of terms
Item
A reference to this term ...
is taken to be a reference to this
term ...
1
a designated building law (within
the meaning of the new Act)
a designated building law (within
the meaning of the BCII Act or the
old Act, as the case requires).
2
this Act
the BCII Act or the old Act, as the
case requires.
3
building work (within the meaning
of the new Act)
building work (within the meaning
of the BCII Act or the old Act, as the
case requires).
(5)
To avoid doubt, a person who is an inspector (within the meaning of the
5
new Act) may exercise powers under Chapter 7 of the new Act in
6
relation to an investigation of a contravention or alleged contravention
7
of the BCII Act or the old Act even if the person began the
8
investigation, under those Acts, before the transition time.
9
Intervening and making submissions in proceedings
10
(6)
Sections 109 and 110 of the new Act apply in relation to any proceeding
11
before a court or the FWC, even if the proceeding began before the
12
transition time.
13
3 Annual reports
14
(1)
If, in relation to a financial year ending at or before the transition time,
15
the Director has not, by the transition time, prepared and given to the
16
Minister a report under section 14 of the old Act on the performance of
17
the Director's functions and the exercise of the Director's powers
18
during the financial year, then the ABC Commissioner must, as soon as
19
practicable after the transition time, prepare and give to the Minister a
20
report in accordance with that section on those functions and powers
21
during that financial year.
22
(2)
If the first financial year to end after the transition time includes a
23
period before the transition time, the report under section 20 of the new
24
Transitional provisions Schedule 2
No. , 2013
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
9
Act in relation to that financial year must also cover the performance of
1
the Director's functions and the exercise of the Director's powers
2
during that period.
3
4 Continuation of appointment of Director
4
(1)
Subitem (2) applies to the person who, immediately before the
5
transition time, holds office as the Director.
6
(2)
The instrument appointing the person to that office has effect, after the
7
transition time, as if it were an instrument made by the Minister under
8
subsection 21(1) of the new Act appointing the person, for the
9
remainder of the period of the person's appointment to that office, to the
10
office of the ABC Commissioner.
11
(3)
A determination, in relation to the Director, that is in force immediately
12
before the transition time under the Remuneration Tribunal Act 1973
13
has effect after the transition time as if it were a determination in
14
relation to the ABC Commissioner.
15
5 Termination of appointments of certain persons
16
(1)
This item applies to a person who, immediately before the transition
17
time, holds office as either of the following:
18
(a) a member of the Fair Work Building Industry Inspectorate
19
Advisory Board (including the Chair of the Board);
20
(b) the Independent Assessor.
21
(2)
The person ceases to hold that office at the transition time.
22
(3)
Nothing in this item prevents the person being appointed to an office
23
under the new Act.
24
6 Staff of old Office
25
(1)
The Commission transition does not affect the continuity of the
26
employment, or the terms and conditions of employment (including
27
under any enterprise agreement), of the persons who, immediately
28
before the transition time, are engaged as staff under section 26K of the
29
old Act.
30
(2)
Those persons are taken, after the transition time, to be staff under
31
section 30 of the new Act.
32
Schedule 2 Transitional provisions
10
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
No. , 2013
7 Consultants to Director
1
(1)
The Commission transition does not affect the continuity of the
2
engagement, or the terms and conditions of engagement, of the persons
3
who, immediately before the transition time, are engaged as consultants
4
to the Director under section 26M of the old Act.
5
(2)
Those persons are taken, after the transition time, to be engaged as
6
consultants to the ABC Commissioner under section 32 of the new Act.
7
8 Continuation of designation of Federal Safety
8
Commissioner
9
An instrument:
10
(a) that is in force under section 29 of the old Act immediately
11
before the transition time; and
12
(b) that designates a position in the Department as the position of
13
Federal Safety Commissioner;
14
is taken, after the transition time, to have been made under section 37 of
15
the new Act.
16
9 Preserving regulations relating to the Federal Safety
17
Commissioner
18
(1)
Regulations made by the Governor-General for the purposes of
19
paragraphs 30(h) and 32(1)(c) of the old Act that are in force
20
immediately before the transition time continue in force after that time
21
as if the regulations were rules made by the Minister for the purposes of
22
paragraphs 38(e) and 40(1)(c) of the new Act.
23
(2)
The table translates terms in the regulations for the purposes of this
24
item.
25
26
Translations of terms in regulations
Item
A reference to this term ...
is taken to be a reference to this
term ...
1
paragraph 30(h) of the old Act
paragraph 38(e) of the new Act.
2
the Federal Safety Commissioner
(within the meaning of the old Act)
the Federal Safety Commissioner
(within the meaning of the new Act).
3
occupational health and safety
work health and safety (within the
Transitional provisions Schedule 2
No. , 2013
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
11
Translations of terms in regulations
Item
A reference to this term ...
is taken to be a reference to this
term ...
(within the meaning of the old Act)
meaning of the new Act).
4
an accredited person (within the
meaning of the old Act)
an accredited person (within the
meaning of the new Act).
5
paragraph 32(1)(c) of the old Act
paragraph 40(1)(c) of the new Act.
(3)
Subitem (1) does not prevent the repeal of those regulations.
1
10 Consultants to old Federal Safety Commissioner
2
(1)
The Commission transition does not affect the continuity of the
3
engagement, or the terms and conditions of engagement, of the persons
4
who, immediately before the transition time, are engaged as consultants
5
to the Federal Safety Commissioner under section 34 of the old Act.
6
(2)
Those persons are taken, after the transition time, to be engaged as
7
consultants to the Federal Safety Commissioner under section 42 of the
8
new Act.
9
11 Preserving the accreditation scheme
10
(1)
Regulations made by the Governor-General for the purposes of
11
section 35 of the old Act that are in force immediately before the
12
transition time continue in force after that time as if the regulations were
13
rules made by the Minister for the purposes of section 43 of the new
14
Act.
15
(2)
The table translates terms in the regulations for the purposes of this
16
item.
17
18
Translations of terms in regulations
Item
A reference to this term ...
is taken to be a reference to this
term ...
1
the Federal Safety Commissioner
(within the meaning of the old Act)
the Federal Safety Commissioner
(within the meaning of the new Act).
2
a Federal Safety Officer (within the
meaning of the old Act)
a Federal Safety Officer (within the
meaning of the new Act).
3
building work (within the meaning
building work (within the meaning
Schedule 2 Transitional provisions
12
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
No. , 2013
Translations of terms in regulations
Item
A reference to this term ...
is taken to be a reference to this
term ...
of the old Act)
of the new Act).
4
a constitutional corporation
a constitutional corporation, the
Commonwealth or a Commonwealth
authority.
5
section 63 of the old Act
Division 3 of Part 3 of Chapter 7 of
the new Act.
6
subsection 35(1), (2) or (4) of the
old Act
subsection 43(1), (2) or (4) of the
new Act.
(3)
Subitem (1) does not prevent the repeal of those regulations.
1
12 Examination notices issued before commencement
2
(1)
The repeal by this Act of section 47 of the old Act does not affect the
3
continuity of any examination notice issued under that section before
4
the transition time.
5
(2)
For things that occur after the transition time in relation to an
6
examination notice that is issued before that time, the following
7
provisions (as in force immediately before that time) continue to apply
8
as if references in those provisions or in that examination notice to the
9
Director were references to the ABC Commissioner:
10
(a) sections 49 to 58 of the old Act;
11
(b) a provision of any instrument made under those sections.
12
13 Reports by Commonwealth Ombudsman
13
(1)
If, in relation to a financial year ending at or before the transition time,
14
the Commonwealth Ombudsman has not, by the transition time,
15
prepared and given to the Parliament a report under section 54A of the
16
old Act about examinations conducted under Division 3 of Part 1 of
17
Chapter 7 of that Act during the financial year, then the Commonwealth
18
Ombudsman must, as soon as practicable after the transition time,
19
prepare and present to the Parliament a report in accordance with that
20
section on those examinations during that financial year.
21
(2)
If the first financial year to end after the transition time includes a
22
period before the transition time, the report under section 65 of the new
23
Transitional provisions Schedule 2
No. , 2013
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
13
Act in relation to that financial year must also cover examinations
1
conducted under Division 3 of Part 1 of Chapter 7 of the old Act during
2
that period.
3
14 Payment for expenses incurred in attending an
4
examination
5
(1)
Regulations made by the Governor-General for the purposes of
6
section 58 of the old Act that are in force immediately before the
7
transition time, other than regulation 7.13, continue in force after that
8
time as if the regulations were rules made by the Minister for the
9
purposes of section 63 of the new Act.
10
(2)
The table translates terms in the regulations for the purposes of this
11
item.
12
13
Translations of terms in regulations
Item
A reference to this term ...
is taken to be a reference to this
term ...
1
an examination (within the meaning
of the old Act)
an examination (within the meaning
of the new Act).
2
an examination notice (within the
meaning of the old Act)
an examination notice (within the
meaning of the new Act).
3
subsection 58(1) of the old Act
subsection 63(1) of the new Act.
(3)
Subitem (1) does not prevent the repeal of those regulations.
14
15 Continuation of appointment of Federal Safety Officers
15
(1)
This item applies to a person if, immediately before the transition time,
16
an instrument is in force under section 60 of the old Act appointing the
17
person as a Federal Safety Officer.
18
(2)
The instrument has effect, after the transition time, as if it were an
19
instrument made by the Federal Safety Commissioner under section 68
20
of the new Act appointing the person as a Federal Safety Officer.
21
16 Identity cards for Federal Safety Officers
22
The identity card of a person who is a Federal Safety Officer
23
immediately before the transition time that was issued under section 61
24
Schedule 2 Transitional provisions
14
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
No. , 2013
of the old Act is taken after that time to have been issued under
1
section 69 of the new Act.
2
17 Disclosure of information by the ABC Commissioner or
3
the Federal Safety Commissioner
4
(1)
This item applies if information was acquired under the old Act by any
5
of the following persons in the course of performing functions or
6
exercising powers:
7
(a) the Director;
8
(b) an inspector;
9
(c) a member of staff referred to in subsection 26K(1) of that
10
Act;
11
(d) a person assisting the Director under section 26L of that Act;
12
(e) a consultant under section 26M of that Act;
13
(f) a person assisting an inspector;
14
(g) the Federal Safety Commissioner;
15
(h) a Federal Safety Officer;
16
(i) an APS employee assisting the Federal Safety Commissioner;
17
(j) a consultant under section 34 of that Act.
18
(2)
For the purposes of section 105 of the new Act, that information is
19
taken to have been acquired by the following person in the course of
20
performing functions or exercising powers:
21
(a) for paragraphs (1)(a) to (f)--the ABC Commissioner;
22
(b) for paragraphs (1)(g) to (j)--the Federal Safety
23
Commissioner (within the meaning of the new Act).
24
18 Protected information
25
For the purposes of sections 105 and 106 of the new Act, information
26
that is protected information under section 65 of the old Act is taken to
27
be protected information under the new Act.
28
19 Legal proceedings
29
If any proceedings to which the Director is a party (including as a result
30
of section 71 of the old Act) are pending in a court or tribunal
31
immediately before the transition time, the ABC Commissioner is, after
32
the transition time, the party to those proceedings.
33
Transitional provisions Schedule 2
No. , 2013
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
15
20 Settled matters
1
(1)
The ABC Commissioner (or an inspector) may begin or continue to
2
participate in a building proceeding (within the meaning of section 73
3
of the old Act) even if the proceeding relates to a matter that was settled
4
(as referred to in that section) before the transition time.
5
(2)
The ABC Commissioner (or an inspector) may institute a building
6
proceeding (within the meaning of section 73A of the old Act) even if
7
the conduct giving rise to the proceeding was the subject of a matter
8
that was settled (as referred to in that section) before the transition time.
9
21 Director etc. not liable for conduct in good faith
10
Despite the repeal by this Act of section 77 of the old Act, that section
11
continues to apply, after the transition time, in relation to anything done,
12
or omitted to be done, before that time by a protected person (within the
13
meaning of that section).
14
22 Assets and liabilities of old Office
15
Assets and liabilities of the old Office immediately before the transition
16
time continue, after the transition time, to be assets and liabilities of the
17
Commission (without any conveyance, transfer or assignment).
18
23 References in instruments to old Office and Director
19
(1)
A reference to the old Office in an instrument that is in force
20
immediately before the transition time has effect, after the transition
21
time, as a reference to the Commission.
22
(2)
A reference to the Director in an instrument that is in force immediately
23
before the transition time has effect, after the transition time, as a
24
reference to the ABC Commissioner.
25
24 Effect of things done by, or in relation to, the old Office
26
A thing done by, or in relation to, the old Office before the transition
27
time has effect, after the transition time, as if it had been done by, or in
28
relation to, the Commission.
29
Schedule 2 Transitional provisions
16
Building and Construction Industry (Consequential and Transitional
Provisions) Bill 2013
No. , 2013
25 Effect of this Schedule on the operation of section 7 of the
1
Acts Interpretation Act 1901
2
This Schedule does not limit the operation of section 7 of the Acts
3
Interpretation Act 1901.
4
26 Rules
5
(1)
The Minister may, by legislative instrument, make rules prescribing
6
matters:
7
(a) required or permitted by this Act to be prescribed by the
8
rules; or
9
(b) necessary or convenient to be prescribed for carrying out or
10
giving effect to this Act.
11
(2)
The rules may prescribe matters of a transitional nature (including
12
prescribing any saving or application provisions) relating to:
13
(a) the repeals or amendments made by this Act; or
14
(b) the enactment of this Act or the Building and Construction
15
Industry (Improving Productivity) Act 2013.
16
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