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Building and Construction Industry (Improving Productivity) Bill 2013

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8011

2016

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Building and Construction Industry (Improving Productivity) Bill 2013

 

 

(1)     Clause  16 , page 20 (line 11) , before “ The ABC Commissioner ”, insert “ (1) ”.

[functions of ABC Commissioner]

(2)     Clause  16 , page 20 (before line 12) , before paragraph ( a ), insert:

                    (aa)  promoting the main object of this Act (see section 3);

[functions of ABC Commissioner]

(3)     Clause  16 , page 20 (after line 20) , after paragraph ( b ), insert:

                   (ba)  ensuring building employers and building contractors comply with their obligations under this Act, designated building laws and the Building Code;

[functions of ABC Commissioner]

(4)     Clause  16 , page 21 (after line 7) , at the end of the clause, add:

             (2)  In performing the functions referred to in subsection (1), the ABC Commissioner must ensure that the policies and procedures adopted and resources allocated for protecting and enforcing rights and obligations arising under this Act, designated building laws and the Building Code are, to the greatest extent practicable having regard to industry conditions based on complaints received by the ABC Commissioner, applied in a reasonable and proportionate manner to each of the categories of building industry participants.

[functions of ABC Commissioner]

(5)     Clause  20 , page 23 (line 7) , omit “year . ”, substitute “year ; and ”.

[report]

(6)     Clause  20 , page 23 (after line 7) , at the end of subclause ( 2 ) (before the note), add:

                     (d)  details of:

                              (i)  the number, and type, of matters that were investigated by the ABC Commissioner during that quarter or year in relation to building employers; and

                             (ii)  the cost, during that quarter or year, of each such investigation; and

                     (e)  details of the following, both in total and in relation to each category of building industry participant:

                              (i)  the number of proceedings commenced in accordance with this Act in that quarter or year;

                             (ii)  the cost, during that quarter or year, of those proceedings (including legal expenses); and

                      (f)  details of the number, and total cost, of such proceedings finalised in that quarter or year; and

                     (g)  details of the legal expenses incurred during that quarter or year as a result of enforcement action undertaken by the ABC Commissioner; and

                     (h)  details of industry conditions, during that quarter or year, based on complaints received by the ABC Commissioner during that quarter or year; and

                      (i)  details of activities that the ABC Commissioner has undertaken during that quarter or year to monitor the compliance of products used in building work with relevant Australian standards published by, or on behalf of, Standards Australia;

                      (j)  details of the number, and type, of matters for which examination notices were issued under this Act.

[report]

(7)     Clause  21 , page 23 (line 31) , omit “ character. ”, substitute “ character; and ”.

[appointment]

(8)     Clause  21 , page 23 (after line 31) , at the end of subclause ( 3 ), add:

                     (c)  will uphold the APS Values set out in section 10 of the Public Service Act 1999 , including by performing his or her functions in an apolitical manner and acting impartially and professionally.

[appointment]

(9)     Clause  28 , page 25 (line 29) , omit “ incapacity. ”, substitute “ incapacity; or ”.

[termination]

(10)   Clause  28 , page 25 (after line 29) , at the end of subclause ( 1 ), add:

                     (c)  if the Commissioner fails to perform his or her functions with impartiality as between all categories of building industry participants.

[termination]