2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Building and Construction Industry Improvement Amendment (Transition to Fair Work) Bill 2011

 

 

(Government)

(1)     Schedule 1, item 94, page 48 (lines 19 and 20), omit the item, substitute:

94  Section 73

Repeal the section, substitute:

73   Director etc. must not participate in court proceedings in relation to settled matters

             (1)  This section applies if:

                     (a)  either:

                              (i)  the Director (or an inspector) and another party or parties are joint applicants in a building proceeding before a court; or

                             (ii)  the Director (or an inspector) has intervened in a building proceeding before a court under subsection 71(1); and

                     (b)  before the court has given judgement in the proceeding:

                              (i)  the matter that is the subject of the proceeding is settled between the parties to the proceeding (or if more than one matter is the subject of the proceeding—one or more of those matters is settled between the parties to the proceeding); and

                             (ii)  a notice is filed in the court discontinuing the proceeding to the extent that it relates to the settled matter or matters.

             (2)  The Director (or inspector) must not continue to participate in the building proceeding to the extent that it relates to the settled matter or matters.

             (3)  A reference in subparagraph (1)(b)(i) to parties to the proceeding does not include a reference to the Director (or inspector).

             (4)  In this section:

building proceeding means a civil proceeding in relation to a matter that arises under a designated building law and involves a building industry participant.

[matters settled between parties]

(2)     Schedule 1, page 48 (after line 20), after item 94, insert:

94A  Section 73A

Repeal the section, substitute:

73A   Director etc. must not institute court proceedings in relation to settled matters

             (1)  This section applies if:

                     (a)  a building proceeding was instituted in a court; and

                     (b)  neither the Director nor an inspector:

                              (i)  was a party to the proceeding; or

                             (ii)  had intervened in the proceeding; and

                     (c)  the matter that was the subject of the proceeding was settled between the parties to the proceeding (or if more than one matter was the subject of the proceeding—one or more of those matters was settled between the parties to the proceeding); and

                     (d)  a notice was filed in the court discontinuing the proceeding to the extent that it related to the settled matter or matters.

             (2)  The Director (or an inspector) must not institute a building proceeding in a court if the conduct giving rise to the proceeding was the subject of the settled matter or matters referred to in paragraph (1)(c).

             (3)  In this section:

building proceeding has the same meaning as in subsection 73(4).

[matters settled between parties]