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Building and Construction Industry (Improving Productivity) Bill 2013

Part 5 Miscellaneous

   

118   ABC Commissioner etc. not liable for conduct in good faith

             (1)  Civil proceedings do not lie for loss, damage or injury of any kind suffered by a person as a result of anything done, or omitted to be done, in good faith and without negligence by a person referred to in subsection (2):

                     (a)  in the exercise, or purported exercise, of functions, powers or duties under, or in relation to, this Act; or

                     (b)  in the exercise, or purported exercise, of functions, powers or duties under, or in relation to, the Independent Contractors Act 2006 , the FW Act or the FW Transitional Act, where the exercise, or purported exercise, of the function, power or duty relates to a matter that involves:

                              (i)  a building industry participant; or

                             (ii)  building work.

             (2)  The persons are:

                     (a)  a designated official; and

                     (b)  the Federal Safety Commissioner; and

                     (c)  a Federal Safety Officer; and

                     (d)  an APS employee assisting the Federal Safety Commissioner; and

                     (e)  a person engaged as a consultant under section 42.

119   Delegation by Minister

             (1)  The Minister may, in writing, delegate all or any of the Minister’s functions or powers under Chapter 3 (the Building Code) to the ABC Commissioner.

             (2)  In performing functions or exercising powers delegated under subsection (1), the ABC Commissioner must comply with any directions of the Minister.

Note:          See also sections 34AA and 34AB of the Acts Interpretation Act 1901 .

             (3)  The Minister may give a direction for the purposes of subsection (2).

             (4)  A written direction under subsection (3) that is of general application is a legislative instrument.

             (5)  A written direction under subsection (4) that relates to a particular case is not a legislative instrument.

120   Rules and regulations

Rules

             (1)  The Minister may, by legislative instrument, make rules prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the rules; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the rules may make provision for, and in relation to, the following:

                     (a)  the manner in which, and the time within which, applications under this Act may be made and dealt with;

                     (b)  the form of notices that are required or permitted to be given under this Act.

             (3)  Despite subsection 12(2) of the Legislative Instruments Act 2003 , the first rules made for the purposes of subsection 6(4) or (5) (meaning of building work ) or 10(2) (extension of Act to Christmas Island and Cocos (Keeling) Islands) may be expressed to take effect from the commencement of the subsection for which the rules are made, if those rules are made within 120 days after this subsection commences.

Regulations

             (4)  The Governor-General may make regulations prescribing:

                     (a)  penalties for offences against the rules, not exceeding a fine of 10 penalty units; or

                     (b)  civil penalties for contraventions of the rules, not exceeding:

                              (i)  for a body corporate—25 penalty units; or

                             (ii)  in any other case—5 penalty units.